1ST, 2ND & 4TH AMENDMENTS
1st Amendment & the Parowan Prophet
Three Halloweens ago, I got a call from the Parowan Prophet, asking me to write a letter that he could give to the Washington County Sheriffs, telling them that they were violating his constitutional rights, by making him park his RV, hideous as it was, with end of times, scriptures and atomic bomb pictures, over at the Hilton Garden's Hotel, rather than in the convention center's parking lot, for the WHAT WOMEN WANT, quarterly convention.
Now the convention center is run by the city of St. George, Utah, and as a government with cops acting under color of law, they cannot violate federal statutory and constitutional rights, nor can they violate any Utah constitutional rights either. The government was put into place by the founding fathers, with the responsibility to protect rights provided for the citizens, or WE THE PEOPLE.
In the letter, some of the rights mentioned were: (1) freedom of religion; (2) freedom of speech; (3) right to freely assemble; (4) right to redress grievances with the government--those are all !st amendment rights. Next, there are 14th amendment rights of due process and equal protection--the cops could not take away the Prophet's life, liberty or property without due process of law, and he was entitled to equal protection, or uniform operation of law.
And, this man was handicapped and in a wheel chair, making it another violation of laws protecting the rights of those from discrimination due to race, creed, color, sex, age, and disability. Under the Utah Constitution, there are sections prohibiting black listing--or treating certain people differently than others and putting them on a hit list, so to say, making it harder for them, than for others to operate or do business.
1st Amendment Protected the Prophet
I am glad to announce that the Parowan Prophet, parked his vehicle in the convention center parking lot Thursday night. I dropped off the letter, by putting it under his windshield wipers, where the sheriffs found it, when they came to ask him to leave and park at the hotel. The Prophet was wakened and asked to leave, he called me panicked and I told him to simply give the cops the letter explaining all the constitutional rights they would be violating, and implying that I was there to back him up.
I had been listed as second in the nation that year, following Gerry Spence, the Cowboy Lawyer from Jackson Hole, Wyoming; therefore, a letter from me, was not something to take out and burn. The sheriffs were looking for me, but I was out picking out 30 pumpkins, to carve for my Halloween Party, and could not be bothered. Needless to say, the Prophet made it all the way through the convention, ugly RV and all, without further interference! That is the power of the document--use it or lose it!
2nd Amendment--Militias & Guns
States are to have a militia to keep the states free, and along with that, the militias need guns--and the founding father saw fit to give this right to the states to provide for the citizens, to protect states, against a tyrannical federal government. To put this amendment in prospective, one has to consider the history of the founding fathers and the injustices they suffered from King George of Britain.
King George was hiring more and more soldiers, who were harassing the citizens, they were camping out in the citizen's houses and eating their food. So they were taking care of their oppressors, the same guys who were violating their rights.
The Civil War was fought, not only over Slavery, but over states rights as opposed to federal government powers. The tendency of all men in power is to rule--the fathers wanted to make sure that states had the means, power, and provisions to fight and protect the states, if necessary from being taken over by the federal government, with its armies, machines, and guns.
So our very freedoms depend on states having a militia, with the right to bear arms, even against the federal government. In Montana, Stuart Rhodes, a Yale Law School Graduate, and Air Bourne, in the military, after learning about the raids on the medical marijuana farms by the FBI, as far as I know, quit the practice of law and is working to set up the Montana militia, along with a bartering system.
Stuart became famous for setting up the OATH KEEPERS, a project to get members of the military and law enforcement to commit to be faithful to their oath to protect, defend and obey the U.S. Constitution. I believe that over 25,000 or so, signed up to reaffirm their oaths that they took when they entered the military or law enforcement. Lawyers, elected officials, legislators, the President, Congress, the Judiciary all took oaths too. So why in the hell are our rights so violated? PATRIOT ACT!!!!!
Official & Un-Official Militia
The state militia is considered the National Guard, trained under the military rules and laws of the United States, they are at the disposal of the governor of their individual states, unless called to duty of the President. There are National Guard units in every state; however, the state constitutions talk of another militia, an unofficial militia. In Utah, this militia consists of every able bodied man, ages 18 to 45.
Montana revised its constitution in 1972, while the ERA, or Equal Rights Amendment was being discussed. Their state constitution reflects changing attitudes and includes men and women in their militia--and for good reason, their women are as familiar with guns as the men! Arizona's constitution just mentions men, but no age, if I remember right.
In Utah, constitutional carry was introduced to the legislature, the Governor vetoed it--city cops didn't want it. There was a resolution presented, mainly due to what happened in Montana with the FBI raids on medical marijuana growers, that any federal officer that confiscates guns from citizens, without the approval of the county sheriff, an elected official, who answers to the people, can be fined $5,000.
There are 10 year gun enhancements to any criminal charge--one of the owners of Montana Cannabis was told by the sheriff, to get guns to protect the million dollar operation from theft. But when the law changed, and the feds went after the growers, who were doing it legally, they added 10 years to the time, for any crime the growers were charged with.