By
far, most of the thousands upon thousands of American laws, statutes, edicts,
decrees, rules, regulations and other draconian legislative enactments of the federal
government and all the 50 states are concerned with things that you and I
cannot do as opposed to the few things we can. That’s the nature of our statist
government.
The
purpose of the American government, which was to preserve, protect and uphold
individual liberty, has evolved into the primary means of restricting it.
But
the first law of the new republic; the supreme law of the land; the
Constitution and Bill of Rights, was intended as a short list of restrictions,
that is certain things that the government can and cannot do.
One
of the fundamental things the government plainly cannot do is to make any law
abridging the freedom of speech. That’s what the First Amendment provides. “Congress”
(the government) “shall make no law … abridging the freedom of speech.” Period;
no exceptions mentioned.
And
next there is the Second Amendment which provides that “the right of the people
to keep and bear arms shall not be infringed.” It’s an individual right that
the government may not contradict.
So
it would certainly seem that any individual in the United States of America should
be freely allowed to express himself with speech at any time and everywhere regarding
his constitutional right to bear arms. That goes without saying, right?
“Absolutely
not,” say the statist lawmakers down in Texas. They think they can get away
with passing a law restricting an individual’s right to express his approval of
the Second Amendment and gun rights if he does so within 100 feet of a polling
place.
Texas
resident, Chris Driskill, went to his polling place to cast his ballot in the
Republican primary, but was prohibited
from voting because he was wearing a black T-shirt with a logo on the front and
back reading, “2nd Amendment -- America’s Original Homeland Security.”
"I
heard a gentleman's voice over my shoulder say ‘he can't vote with that shirt
on. You'll have to either turn it inside out or you'll have to leave,’” Driskill recalled of
his encounter at the Walker County Courthouse in Hempstead, a Houston suburb. "I
didn't quite understand it at first… I was thinking they just didn't like
something about the Second Amendment."
Texas
election law bans campaigning for any “candidate, measure or political
party” within 100 feet of polling place. Violators can be charged with a
misdemeanor. In other words, the statist authorities in Texas regarded Driskill’s
wearing a T-shirt expressing gun rights at a polling place as a crime.
Exercising
one’s First Amendment rights in Texas is a crime. It’s considered a crime
because his T-shirt could be construed as campaigning in support of gun rights.
The primary ballot includes a proposition asking for a yes or no vote on
expanded support for the Second Amendment and the places where a concealed
weapon can be legally carried.
Mercifully,
the guy wasn’t charged with a crime, though he might have been under this
patently unconstitutional law. The statist goons allowed him to vote after he
borrowed a suit jacket from a local Republican candidate outside the courthouse
and wore it over his T-shirt.
Afterward,
Mr. American Sheep wasn’t even upset about what happened. "If you have
to turn around and go change shirts, you know, so be it…. But get out and vote,”
he meekly explained.
Right!
Get out and vote while the First Amendment weeps.
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ReplyDeleteMy copy of the first amendment says "Congress"; not "Texas". You claim to be a lawyer; try reading THE TEXAS CONSTITUTION, ARTICLE 1. BILL OF RIGHTS, Sec. 8. FREEDOM OF SPEECH AND PRESS; LIBEL.
ReplyDeleteAnd you claim to be a lawyer wannabe, right? If you were a lawyer you would know that the First Amendment trumps any conflicting state constitutional provision.
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