Duke University’s Arguments Against A Statutory Second Amendment

Herschel Smith · 22 May 2022 · 14 Comments

The Regulatory Review links a paper by Joseph Blocher of Duke University arguing against state preemption laws that prohibit more restrictive gun control statutes by cities and counties than instituted by the state itself.  The paper is entitled "Cities, Preemption, and the Statutory Second Amendment." He argues: As a practical matter, though, nothing has done more to shape contemporary gun regulation than state preemption laws, which fully or partially eliminate cities’ ability to…… [read more]

The Canadian Trucking Convoy

BY Herschel Smith
5 months ago

At WRSA, if you follow the links back to the source, Rebel News is covering the details.

These are committed folks, and two videos below show not only their commitment, but also their strength.  They turned to God in their time of need.

SWAT has been called on the Canadian truckers, and they’ve brought tow trucks with them because they’re cowards.

So here is my question (and readers can correct me if I’m wrong about this).  The truckers are primarily Canadian, and are on the Canadian side of the border.

Where are the American truckers?  If this collapses because of trucks being towed and truckers arrested and ticketed, it could continue if their American trucker colleagues showed the courtesy of having their backs and supporting them.

Where are the American truckers?

Where are the American truckers?

Where are the American truckers?

Good subjects of the king, we are here in America.  Or so it seems.

The God-Given Right To Weapons

BY Herschel Smith
5 months ago

Not just firearms, but weapons of all kinds necessary to defend life and liberty.  This is our claim.  But not everyone sees it that way.

Quoting from the email I received from this group, “Constitutional Carry is the simple concept that law-abiding citizens shouldn’t need to pay a tax and get permission from their sheriff to exercise their God-given right to keep and bear arms.”

I laughed aloud when I read this email. Who knew God had given us the right to own guns? I mean, chapter and verse, please. God didn’t have anything to do with the U.S. Constitution, no matter how hard you want to try to do the mental gymnastics to say so. The Constitution is a creation of mankind, period. It is a great document, but it isn’t the Holy Scriptures, nor is it divinely inspired, so let’s back off of that bit of hyperbole.

And therein lies one of the principle bits of propaganda you will see in regards to many issues in the political arena. God is not into politics, nor politicians, nor even the political entities we call nations except, perhaps, the nation of Israel, the only group of people he ever promised a piece of land to call their own.

American politicians today, and probably for all the time we have been a nation, have tried to co-opt God to make him on the side of one political party or another or to have God endorse some act the nation was attempting to do on the domestic or world stage. Here is a free tip: You can be on God’s side by doing the work of God’s kingdom, but don’t believe for a minute you can bring God onto your side to endorse the works of man. It doesn’t work that way.

We can agree that trying to co-opt God is an improper project.  Rather, we need to be on God’s side, and His side is found in the Holy Writ.  So you’ve laid down the gauntlet, and we’ll respond.

To begin with, it’s a bit more complicated than “chapter and verse please.”  Let’s start our discussion with The Westminster Confession of Faith, 1.6: ““The whole counsel of God concerning all things necessary for his own glory, man’s salvation, faith and life, is either expressly set down in Scripture, or by good and necessary consequence may be deduced from Scripture.”

The clearest right to own weapons also invokes a duty.  John Calvin, commenting on commandment and prohibition, observes the following.

We do not need to prove that when a good thing is commanded, the evil thing that conflicts with it is forbidden.  There is no one who doesn’t concede this.  That the opposite duties are enjoined when evil things are forbidden will also be willingly admitted in common judgment.  Indeed, it is commonplace that when virtues are commended, their opposing vices are condemned.  But we demand something more than what these phrases commonly signify.  For by the virtue of contrary to the vice, men usually mean abstinence from that vice.  We say that the virtue goes beyond this to contrary duties and deeds.  Therefore in this commandment, “You shall not kill,” men’s common sense will see only that we must abstain from wronging anyone or desiring to do so.  Besides this, it contains, I say, the requirement that we give our neighbor’s life all the help we can … the purpose of the commandment always discloses to us whatever it there enjoins or forbids us to do” (Institutes of the Christian Religion, Vol. 1, Book 2, Chapter viii, Part 9).

Simply put, thou shall not take life unjustly also means thou shall defend innocent life.  The clearest right (and thus command) is to be found right in the moral law given to all men everywhere.  These are corollaries, and it is inescapable.  Furthermore, to claim agreement with this and then deny either someone else or yourself the weapons necessary to effect that defense of innocent life is insulting to the Almighty.  The thief may express agreement with the commandment not to steal, but that rings hollow when he then takes your possessions.

But if you wish for more direct evidence of ownership of weapons in the Scriptures, look no further than what Jesus commanded in Luke 22:36.  Let’s look at the cultural context for a moment.

… for some evidence, see Digest 48.6.1: collecting weapons ‘beyond those customary for hunting or for a journey by land or sea’ is forbidden; 48.6.3.1 forbids a man ‘of full age’ appearing in public with a weapon (telum) (references and translation are from Mommsen 1985). See also Mommsen 1899: 564 n. 2; 657-58 n. 1; and Linderski 2007: 102-103 (though he cites only Mommsen). Other laws from the same context of the Digest sometimes cited in this regard are not as worthwhile for my purposes because they seem to be forbidding the possession of weapons with criminal intent. But for the outright forbidding of being armed while in public in Rome, see Cicero’s letter to his brother relating an incident in Rome in which a man, who is apparently falsely accused of plotting an assassination, is nonetheless arrested merely for having confessed to having been armed with a dagger while in the city: To Atticus, Letter 44 (II.24). See also Cicero, Philippics 5.6 (§17). Finally we may cite a letter that Synesius of Cyrene wrote to his brother, probably sometime around the year 400 ce. The brother had apparently questioned the legality of Synesius having his household produce weapons to defend themselves against marauding bands. Synesius points out that there are no Roman legions anywhere near for protection, but he seems reluctantly to admit that he is engaged in an illegal act (Letter 107; for English trans., see Fitzgerald 1926).

In this passage, Jesus is quite literally ordering His disciples to ignore the Roman laws and disobey them, buy weapons, and be ready to use them.  He is turning His disciples into lawbreakers for the sake of having self defense.

There are more passages to which we may turn, but these will suffice for now.  So, Mr. Cosby, you may get letters which are incomplete accounts of the Scriptural mandate to be prepared for defense of the innocent, but those are merely letters.  They don’t mean such an account cannot be made.

You might want to seek out a little more theological training before you make those bold statements that you called … what was it … hyperbole.

The second amendment didn’t come from God, and God doesn’t need it.  He alone grants rights and duties.  However, it doesn’t end there.  The constitution is a covenant, and for understanding this we may turn to “Lawful Oaths and Vows” also in the Westminster Confession of Faith.

It is a terrible thing to break a lawful oath or vow, cosmic treason against God’s laws, but we’ll leave that for another time and let you ruminate on what we’ve said thus far.

Please let us know if you need anything else.

Mud Test: And It’s The M4 Block 2 For The Win!

BY Herschel Smith
5 months, 1 week ago

I love AR torture tests, and this is a good one.  Garand Thumb does a mud test for a number of battle rifles, including AKs.

And the win goes to M4 Block 2.

So readers can supply more details, but the Block 2 design comes from SOPMOD / SOCOM history and is usually considered to include at least the 14.5″ barrel (in the civilian world this would mean that the flash hider is pinned and welded), quad rail the length of the barrel (making it a bit heavier on the front end, but also more durable), and an upgraded trigger.

Maybe a firearms builder can weigh in with more distinctions of the Block 2.  Daniel Defense makes these rifles, and they’re good.  The Block 2 design was popular several years ago (and still is today), while today’s designs are sporting extremely light hand guards with locations for MLok or Keymod attachments on the forend.

So with the current designs, you’re to some extent sacrificing durability for weight.

Either way, I do love the Eugene Stoner design.

Canadian Truck Convoy

BY Herschel Smith
5 months, 1 week ago

It’s a good thing to see.  Apparently, little boy big-hair ran for his life.

Also, here is another convoy in Australia, where the description says it was inspired by the Canadian convoy.

Note.  Not an American convoy, not American resistance, but the Canadian resistance.  Here in America, we’re good subjects of the king.

The Covid Narrative Is Falling Apart

BY Herschel Smith
5 months, 1 week ago

First, Israel appears to be overrun with Covid diagnoses.  Remember that Israel is the most vaccinated country on earth.

Military whistleblowers – some of whom have provided their names – appear to be challenging the narrative based on their experiences.

It’s certainly falling apart in South Africa.

Nkengasong laughably tells us the country’s “high vaccination rate” is partially responsible for the decline in Omicron cases. A “high vaccination rate,” in this case, of… wait for it… 27.3 percent.

Granted, 27.3 percent is higher than the meager 10 percent full vaccination rate for the rest of Africa. But given these low percentages, especially by Western standards, one would be forgiven for thinking Covid-19 was raging like a wildfire across the continent, overwhelming hospitals and leaving massive levels of death and severe illness in its wake.

Except, that’s not the case at all. Not even close. In fact, deaths per million are surprisingly low for the vast majority of countries in Africa. Tunisia, a small country of 12 million, leads the pack at ~2,200, and only five others—South Africa, Namibia, Seychelles, Eswatini, and Botswana—are even above 1,000. That’s a stark contrast to the United States’ ~2,600, Brazil’s ~2,900, or Bulgaria and Hungary with more than 4,000 each.

Still, according to World Health Organization regional emergency director Abdou Gueye: “Although Africa appears to be emerging from the peak of its fourth pandemic wave, vaccination which is a pivotal measure against the virus remains far too low. About 50 percent of the world’s population is fully vaccinated. In Africa, this is just 10 percent.”

After a peak of 37,875 reported cases on Dec. 12, 2021, South Africa—‘home’ of the Omicron variant that now dominates the globe—has seen its case numbers decline steadily since. How can this be? Nkengasong, to his credit, tells a partial truth by partially crediting natural immunity. He should have stopped there.

Via WRSA, this piece on the willingness to admit now that there are serious side effects in many people from the jabs.  Do make sure to watch the video.

And speaking of the willingness to admit to side effects, this article from JAMA begins the long and arduous process of beginning to unwind what we have done to our people here in America.  For some reason, while Canadians and the Brits are willing to go up against their rulers, here in America we are good subjects of the king, who says “suck up the narrative,” so we suck up the narrative.

Except there is now a JAMA article that begins this process of truth-telling.  The results aren’t astonishing, nor is the data.  What’s astonishing is that the article even exists.

There will be much more truth-telling in the coming months and years.  I suspect there will be more than truth-telling.

Border Patrol Having Difficulty Finding Reason For Its Existence

BY Herschel Smith
5 months, 1 week ago

At least the working class is.  Fox News has an article on the verbal exchange, but I don’t need Fox News when things we posted to Bitchute.  And I also don’t need YouTube when Bitchute exists.

Big Cats

BY Herschel Smith
5 months, 1 week ago

A Mountain Lion made off with a 75-pound dog in Arizona a few days ago, but the dog managed to get loose from the big cat and survive unscathed.

In South Africa, a wildlife photographer noticed a Cheeta walking up to him, and apparently this big cat wanted to hug.

(Courtesy of Caters News)

Maybe this is TCJ reader Fred, who loves big cats.  No, he is much too young to be Fred.

“I Knew It Was Wrong,” I Saved My Husband’s Life With Ivermectin

BY Herschel Smith
5 months, 1 week ago

PJM.

Florida hospitals, like the Mayo Clinic, have a COVID protocol for their patients with the Bat-Stew Flu, and ivermectin isn’t part of it. Balbona is a big believer in ivermectin. He alleges he has saved “dozens and dozens” of people suffering from the Chinese Sneeze using the Front Line COVID-19 Critical Care Alliance (FLCCC) recommendations, with a few modifications based on each patient. The FLCCC treatment calls for, in part, ivermectin.

But hospitals receive federal money for treating COVID patients IF they use treatments outlined in the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Ivermectin isn’t a part of that treatment.

Families have gone to court hoping a judge will side with them and allow ivermectin to be used with their loved ones, most of whom are seriously ill (death panels, anyone?). Sometimes that works out. When it doesn’t, some have resorted to sneaking ivermectin into hospitals and administering it themselves.

An anonymous woman recently contacted Dr. Balbona regarding her husband who was hospitalized with COVID.

“The husband was very ill,” Dr. Balbona told the Epoch Times. “He’s in his 50s, a big strong guy. She called me desperate because they [the hospital] gave him remdesivir and she made them stop it, and he started getting worse and worse. And his oxygen demand went up.”

Balbona told the woman he could care for her husband once she got him out of the hospital. He wrote her prescriptions for the meds she would need. She filled them out, snuck them into the hospital, and gave them to her husband. That was on Friday. By Tuesday he was well enough to be discharged from the hospital.

“The people who snuck in the ivermectin, they are scared to death,” Balbona stated. “She is sure that the government is going to find out who she is and possibly arrest her for giving medications not approved by the hospital.”

“I did it,” the anonymous woman told Dr. Balbona. “I knew it was wrong. I don’t know what the penalties are. What could they do to me?”

Did you catch the bolded section?  This is one big reason doctors and hospital administrations are so reluctant to use Ivermectin, along with the fact that state boards will take their license.  This is about money – money from the FedGov, and money for hospitals and big Pharma.

The woman’s sentiments are ridiculous to the point of absurdity.  “I knew it was wrong.”  What part was wrong – saving the life of her husband?  Using an unapproved treatment?  Who disapproves, and do they have the best interest of her husband at heart?  Does she owe the truth to her enemies?  Did she ponder any of these questions?

This redounds to awful education and training, and could possibly be the fault of her church.  If you want to understand just how bad teaching is today, find a Christian and ask him or her the following question: “Was Rahab’s lie a sin?”

Even the biblical commentaries dance around this issue to the point of absurdity.  “Well, the lie was a sin, but God used it for good … ” Blah Blah Blah.

Balderdash and poppycock and nonsense and blather and rubbish and stupid pastors.

Rushdoony deals with this in The Institutes of Biblical Law.  Among other things, he says “There is not the slightest hint anywhere in the Bible that any aspect of her defense of the Hebrew spies is in some way suspect … legalism runs deep in the rebellious hearts of men.”

Her deception of the hospital was an act of faith, it saved her husband, it was approved by God, and like Rahab, her lie was justified.  Her enemies didn’t deserve the truth.

Just stop with the notions that she owed fealty to the government over her husband’s medical care.  She didn’t, and her actions weren’t “wrong,” as she put it.

And please, please, please people, leave poor churches and get sound theological training.

Driving to Alaska? Here’s How to Transport Guns to Alaska

BY Herschel Smith
5 months, 1 week ago

The Alaskan and I were just discussing this a few days ago.  Here is a discussion about it.

Whether you’re planning a hunting trip, vacation, or moving to Alaska, if you’re driving, you’ll be going through Canada which means gun restrictions.

Traveling by plane with a gun is less complicated than trying to get through Canada with a gun, especially as a foreigner. If you’re able to fly or ferry to Alaska, that’s ideal, it’ll also take a lot less time.

However, if you need to drive…

Long guns can go through USPS. Package them up, go to USPS and send them to yourself in Alaska. Long guns must be unloaded prior to shipping through USPS.

Even though long guns can be sent through USPS no problem, handguns must be shipped through an FFL. If you have never used an FFL before, call around to gun shops and ask if they are an FFL or if they know someone who is. You can also do an internet search in your local area and the area you’re traveling to in Alaska. Handguns must be unloaded prior to shipping through FFL.

If you are dead set on trying to keep your guns and get them into Canada, there is a way, but there is red tape and plenty of regulations and restrictions.

First, check to see if your firearm is on the prohibited list. 

Second, look at the import regulations.

From the website:

Visitors to Canada

To import firearms into Canada you must have a valid purpose. Valid purposes can include (but are not limited to) the following:

  • hunting during hunting season
  • use in competitions
  • repair
  • re-enactments
  • in transit movement, i.e., moving in the most direct route possible from point A to point B, through Canada
  • protection against wildlife in remote areas

Restricted firearms

Visitors who do not hold a valid Canadian firearms licence or registration certificate for their restricted firearm must:

Once confirmed by a border services officer, the form acts as the licence and as the temporary registration certificate for the firearms.

I visited the “prohibited list.”  It’s comprehensive, listing guns by name, everything from H&Ks to Rock River Arms to Colt to Anderson Arms, and everything in between.

No ARs.  No AKs.  No semi-automatic rifles.

Good Lord.

Take it all under advisement.

Fauci’s Continuing Mengelesque Experiments

BY Herschel Smith
5 months, 1 week ago

This is what happens when a nation rejects God and His holy laws.

Example 1.

The study that first caught the public’s attention about how taxpayer dollars are being spent involved grafting aborted baby scalps onto the backs of rats, who were then deemed “humanized.” The study, which was funded by Anthony Fauci’s National Institutes of Health, includes graphic photos showing little infant hairs growing on rodents’ backs, the same way they would on a healthy child’s head, as well a note about where researchers obtained the baby scalps …

Example 2.

National Institutes of Health paid $205,000 to study transgender monkeys just as the omicron variant of COVID-19 was sending untold numbers of Americans to the hospital.

The National Institute of Allergy and Infectious Diseases (NIAID) — the division headed up by celebrity medical spokesmodel Anthony “Doctor” Fauci — gave your tax dollars to Scripps Research to try and find out why transgender women are so prone to HIV infection.

I know what you’re asking: “Who amongst us, for 200 large, wouldn’t put a monkey in a dress?”

[ … ]

Since transgender monkeys aren’t actually a thing — or are at least very difficult to find outside of sketchy urban hipster neighborhoods — Scripps had to make their own.

In December, the century-old research nonprofit received the money to subject “male monkeys to feminizing hormone therapy to study how it impacts the monkeys’ immune systems,” according to the Washington Free Beacon.

There’s just one problem. OK, there are so many problems we’ll never count them all, but the most serious problem might be that monkeys can’t catch AIDS.

You can read the rest of the disgusting story if you want to.


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