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on July 4, 2013, 09:49


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PEOPLE’S REMONSTRANCE

to Repeal Certain Laws Pertaining to

Concealed Firearms Permits

DRAFT – 4/5

 

WHEREAS: The Constitution of the United States of America, Article VI, Paragraph Three, states that: “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution [United States]; ….” (Emphasis added)

 

WHEREAS:  The Constitution of the State of Maine, Article IX, Section 1, states that, “…every person elected, appointed, or commissioned to any judicial, executive, military or other office under this State, shall, before entering on the discharge of the duties of that place or office, take and subscribe to the following oath or affirmation: ‘I___ do swear, that I will support the Constitution of the United States and of this State, so long as I shall continue a citizen thereof. So help me God.’ ” -and also – “I ____ do swear, that I will faithfully discharge, to the best of my abilities, the duties incumbent on me as ________ according to the Constitution and laws of the State. So help me God.”

 

WHEREAS: The Constitution of the State of Maine, Article IV, Part Third, Section 1, states that: “The Legislature,… shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this State, not repugnant to this Constitution, nor to that of the United States.” (Emphasis added)

 

WHEREAS: The People who drafted the Constitutions granted only those powers “not repugnant to [the] Constitutions.”

 

WHEREAS: The Second Amendment to the Constitution of the United States of America reads: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. (Emphasis added)

 

WHEREAS: The militia consists of those “[C]itizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties….” James Madison, Federalist 46.

 

WHEREAS: “That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, ….” Militia Act of 1792.

 

WHEREAS: The word “militia” is a Latin abstract noun, meaning “military service”, not an “armed group.” – - – and “Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom? Congress shall have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right [inherent] of an American … The unlimited power of the sword is not in the hands of either the federal or state governments, but where I trust in God it will ever remain, in the hands of the People.”  Tench Coxe, 1788.

 

WHEREAS: The Constitution of the State of Maine, Article I, Section 16, states that: “Every citizen has a right to keep and bear arms (for the common defense) and this right shall never be questioned. [Note: Language in the Parentheses was removed in 1987.] (Emphasis added)

 

WHEREAS: The People of Maine founded their government, and established the Constitution of the State of Maine; and “All Power is inherent in the People; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it.” Constitution of the State of Maine, Article I, §2. (Emphasis added)

 

WHEREAS: The People are the final arbiters as to the constitutionality of the actions of their elected officials, their appointees and their employees.

 

WHEREAS: “The Constitution is a written instrument. As such, its meaning does not alter. That which it meant when it was adopted, it means now.” S. Carolina v. U.S., 199 U.S. 437, 448 (1905) (Emphasis added)

 

WHEREAS: No one can be judge in his own cause. Bouvier’s Maxims of Law.

 

WHEREAS: Both of the People’s governments, federal and state, have usurped and abused their powers to the extent that neither is a resource on which the People can depend for curtailment of, [or defense from,] the others’ abusive and unlawful actions. The People must demand that there be no further curtailment, infringement, or deprivation of their right to defend life, liberty, and property with whatever weapons and armament they determine is necessary. See Federalist #28, Hamilton (Emphasis added)

 

WHEREAS: The People of Maine have been fraudulently and unlawfully injured by previous actions of elected officials (whose duty it is to protect, not diminish People’s rights) – actions that imposed numerous restrictions, regulations, taxes, permits, and fees upon the People that infringed upon, and questioned their right to keep and bear arms. The People are now in danger of further injury through the possible enactment of certain proposed new legislative acts that would add to the deprivations of their inherent right to keep and bear arms to defend themselves against all enemies, foreign and domestic.  “If the state converts a liberty into a privilege, the citizen can ignore the license and fee, and engage in the right with impunity.” Shuttlesworth v. Birmingham, 373 U.S. 262 (Emphasis added)

 

WHEREAS: “The party who invokes the power [to annul legislation on grounds [367 U.S. 497, 505]  of its unconstitutionality] must be able to show not only that the statute is invalid but that he has sustained or is immediately in danger of sustaining some direct injury as the result of its enforcement . . . .” Massachusetts v. Mellon, 262 U.S. 447, 488. (Emphasis added)

 

There can be no legislation that is repugnant to the Constitution(s) Marbury v. Madison. 5 U.S. (1 Cranch) 137, 174, 176 (1803); “No legislative act, therefore, contrary to the Constitution, can be valid.” Alexander Hamilton in Federalist 87 . Such legislation abrogates the inherent rights of the People, as guaranteed by United States Constitution, 2nd and 14th Amendments; and Maine Constitution, Article I, §§1, 16, 24.

 

“When the Framers wrote the Bill of Rights they enshrined in the form of constitutional guarantees those rights, …., which experience indicated were indispensable to a free society.” Poe v. Ullman, 367  U.S. 497  (1961) (Emphasis added)

 

“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.”  Miranda v. Arizona, 384 U.S. 436 (1966) (Emphasis added)

 

WHEREAS:  “No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it. The constitutional theory is that we the people are the sovereigns, the state and federal officials only our agents.” Cooper v. Aaron, 358 U.S. 1, 78 S Ct. 1401 (1958) (Emphasis added)

 

WHEREAS: “We are bound to interpret the Constitution in the light of the law as it existed at the time it was adopted, ….” Mattox v. U.S., 156 US 237, 243. (1895) (Emphasis added)

 

WHEREAS: “The state cannot diminish rights of the people.” Hertado v. California, 110 U.S Sec, 16, (Emphasis added)

 

WHEREAS: “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.” Sherer v. Cullen, 481 F 946. (Emphasis added)

 

WHEREAS: “The claim and exercise of a constitutional right cannot be converted to a crime.” Miller v. U.S. 230 f 486, at 489 (Emphasis added)

 

WHEREAS:  “The assertion of federal (Constitutional) rights, when plainly and reasonably made, is not to be defeated under the name of local practice.”  Davis v. Wechsler, 263 U.S. 22 (Emphasis added)

 

WHEREAS:No state shall convert a liberty into a privilege, license it, and attach a fee to it.” Murdock v. Pennsylvania”, 319 US 105 (1943) (Emphasis added)

 

WHEREAS: The Constitution of the United States of America, Article 6, states: “This Constitution, and the laws of the United States which shall be made in Pursuance thereof, … shall be the supreme Law of the Land, and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” (Emphasis added)

 

THEREFORE: This Remonstrance instructs our Legislators to enact a statute that repeals all previous Maine laws repugnant to the constitutionally protected and inherent right to keep and bear arms in any manner whatsoever, and that no unit of state, county, or municipal government, or any quasi-governmental entity, within the State of Maine may create criminals by enacting any such laws, or promulgate any regulations, ordinances, or rules with the “force of law” that convert this inherent right into a privilege, or attempt to attach any licenses, taxes, or fees thereto.

 

 

 

 

SUMMARY

 

This Remonstrance secures inherent rights, liberties, and freedoms that were unlawfully attacked in 1985. It removes current, and prevents future unconstitutional acts by the People’s government. It forces our elected and appointed officials to cease and desist actions that create criminals out of law abiding People by converting a constitutionally protected inherent right into a privilege, then licensing and attaching fees to it. This Remonstrance returns us to the original interpretation of our Constitutions, an interpretation that allows people to keep and bear arms for the common defense, and ensures that that right shall never be infringed, or questioned.