This post has been updated to provide a working template for your city to use. Please download here: Resolution_2nd_Amendment_Template.docx. Also, here is a copy of an alternative Resolution by Council Member Michelle Smith of Rockwall, TX: Final_Rockwall_Resolution.docx.
A RESOLUTION OF THE CITY OF LEAGUE CITY, TEXAS TO PROTECT AND DEFEND THE CONSTITUTIONAL RIGHT TO KEEP AND BEAR ARMS; AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT
WHEREAS, a government of, by, and for the people has long been a cherished American value and the foundation of our freedom; and We The People’s fundamental and inalienable right to self-govern, and thereby secure rights to life, liberty, property, and the pursuit of happiness is guaranteed in the U.S. Constitution and the Declaration of Independence, and;
WHEREAS, the Second Amendment to the United States Constitution provides: "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," and;
[Ed Note: recommend addition of additional authority from the Bill of Rights, ref: Gonzales, Texas] WHEREAS, the Fourth Amendment to the United States Constitution provides: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized," and;
WHEREAS, the Ninth Amendment to the United States Constitution provides: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," and;
WHEREAS, the Tenth Amendment to the United States Constitution provides: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," and;
WHEREAS, the Texas Constitution, Article 1 Section 23a declares: “Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State," and;
[Ed Note: recommend addition of additional authority from Texas Constitution below, ref: Rockwall, Texas] WHEREAS, the Texas Constitution, Article 1 Section 29 declares: "To guard against transgressions of the high powers herein delegated, we declare that everything in this 'Bill of Rights' is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void," and;
WHEREAS, the citizens of League City, Texas recognize their duty as law-abiding citizens to act in accordance with the U.S. Constitution and the Texas Constitution, and agree that the right to keep and bear arms shall not be infringed upon by any government or organization, political or otherwise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEAGUE CITY, TEXAS, as follows:
Section 1. The citizens representatives, City Council and Mayor of League City, Texas hereby call upon our state legislators and elected officials to join with us in the affirmation of the rights of our citizens under the 2nd Amendment.
Section 2. All federal acts, laws, executive orders, agency orders, and rules or regulations of all kinds with the purpose, intent, or effect of confiscating any firearm, banning any firearm, limiting the size of a magazine for any firearm, imposing any limit on the ammunition that may be purchased for any firearm, taxing any firearm or ammunition therefore, or requiring the registration of any firearm or ammunition therefore, infringes upon Texans’ right to bear arms in direct violation of the Second Amendment to the Constitution of the United States, and therefore, any such law is not made in pursuance of the Constitution, is not authorized by the Constitution, and thus, is not the supreme law of the land, and consequently, is invalid in the State of Texas and shall be further considered null and void and of no effect in this City.
Section 3. That all agencies of the City of League City are instructed to refuse requests or directives by federal agencies acting under unconstitutional powers enumerated in Section 2 above that would infringe upon our residents’ second, fourth, ninth, and tenth amendment rights, or other inalienable rights not here explicitly enumerated.
Section 4. The City of League City, State of Texas calls on other communities and jurisdictions to join with us in this action by passing similar Resolutions.
Section 5. That copies of this Resolution be immediately transmitted to the President of the United States; the President of the United States Senate; the Speaker of the House of Representatives; each member of Congress from the State of Texas; each justice on the United States Supreme Court; the Attorney General of the State of Texas; the President of the Senate and the Speaker of the House of Representatives of Texas’ legislature; each individual legislator that represents our district in the State of Texas; and the Sheriff of Galveston County.
PASSED AND APPROVED on the 12th day of February, 2013.
I have also included a version of the Resolution that was crafted by Council Member Michelle Smith of Rockwall, Texas, for passage in her city, and to accommodate the concerns of her fellow Council members and City Attorney. I am including it because for those city officials that have issue with the “teeth” of this Resolution, and may use that excuse to do nothing, you can present them with an alternative. They may find the language of this alternative to be helpful in passing the Resolution. In my mind, passing something that is strong and assertive is far better than doing nothing at all, and I’m so proud of CM Smith for never retreating, only reloading. Remember, together we are far stronger than any of us could be one our own. I am so appreciative of the input of other patriots. I hope that as this situation evolves, you’ll find something you can use in your own City and State.
I will answer as many emails as I can today, including those of you who asked for an email copy. I apologize for the delay as I’ve been out of my office for the past couple of days. -Heidi
Why would those men who designed and crafted what they envisioned as the best system of government possible, a republican government, see a need to prohibit bills of attainder, and why did Madison and Hamilton include the prohibition it in the original text of the Constitution? The answer lay in what they saw everyday and knew from British history – even well-intentioned and well-structured government can go wrong. As Madison wrote in the fourth paragraph of Federalist #51, “If men were angels, no government would be necessary.”
The bill of attainder (also called a “bill of pains and penalties”), first employed in England as early as 1459, was a parliamentary act sentencing one or more specific persons to death (or punishment). British monarchs often obtained bills of attainder from the parliament in sixteenth, seventeenth and eighteenth century as a means of dealing with persons who had attempted, or threatened to attempt, to overthrow the government. United States v. Brown, 381 US 437, 441 (1965). The method became infamous during the reign of the Tudor monarchs – especially Henry VIII – who used the attainder blatantly to punish political dissenters, many of whom could not be found guilty in an otherwise lawful manner – with a trial and judicial finding of guilt.
The British parliament issued bills of attainder in colonial America against those who were disloyal to the Crown, i.e. wealthy landowners and colonial leaders most likely to call for independence. Yet the use of bills of attainder and bills of pains and penalties were not limited to England. Shortly after the American Revolution, in the late 1770s, the legislatures of all thirteen States passed statutes directed against the Tories – those loyal to the British crown; among these statutes were a large number of bills of attainder and bills of pains and penalties. Brown at 442
Hence drafters and signers of the Constitution were well aware of such bills, their practice and abhorrent nature. In a natural law sense, the decree of attaint is abhorrent for when a person was attainted, through legal condemnation, the “attaint” corrupted in his blood. Subsequently the attainted one’s land and other property were forfeited to the Crown. Because the blood was corrupted, the outlaw (literally one who was outside the protection of the laws and the sovereign) could neither inherit land nor transmit land (or any other property) to his children.] Against the allegation of the “sins of the father,” there was no defense – one was guilty through an association over which one had no control, i.e. a link due to their biology.
The only reason is that the courts and government, state and federal will not address the ‘Has Been” language is because of political pressure from the feminist groups and anti-gun groups. I have been beating the drum on this filthy rotten Progressive Liberal Lautenberg gun ban on the language of “has been”. No help and no success in getting it repealed. I have warned, I jumped up and down, I screamed and got on talk shows and no one seems to care. I have said that as long as this filthy rotten infringement gun ban language is still on the books, more gun infringement laws will be passed until there is no longer a second amendment. Guess what folks…It’s happening. Buckle up your seat belts because you’re going for a long hard ride, and the filthy rotten Progressive Liberals; the executive, the legislative and the judicial are all in bed together. How’s that for a stacked house?
1. For protection against oppressive government tyranny.
2. For protection from a president shoveling his own regime, with out counsel, or any kind of appeal.
3. Because the president, passes laws with out the benifit of the puplic even having a chance to read the bill he shoving threw congress.
4. Because, the president thought, one way to cut expences, was to cut a services men breakfast from the budget. While he take millions and millions to go on vacation after vacation! And take along all his friends too. obama is having a blast at the American people’s expense…. At least with Bush, I am sure he would travel other places too, but for the most part, he would go to a personally own ranch. Not like obama has done running off to Hawii, when ever he takes a whime.
5. obama has done nothing but to spend, and spend, with no budget in mind at all.
6. What has obama really done, but try to start a race war within the border of the United State itself. Which majority of us were smart enough to see through. With the help of all American’s, we will make a differents, and move forward, for together we stand united.
7. For our future!!!!
Doug – Littleton, CO