Guns and Freedom: Part 1 — The UN and the Second Amendment

In the wake of President Barack Obama's re-election on November 6, 2012, and the virtual demoralization of Republicans, it is important to recognize that the political mastery of the left does not last forever. Moreover, three new conservative, pro-Second Amendment senators and several freshmen representatives were elected. A solid Republican majority was preserved in the House of Representatives. So, the election did not mean complete defeat for the GOP.

The political battle continues, and conservatives and gun rights advocates must keep their eye on the ball regarding the constitutional right that ultimately preserves all others — namely the Second Amendment. Yes, the political pendulum has swung to the left, but it will not remain there. After the "reign" of Democrat king FDR and the presidency of Harry Truman came Dwight D. Eisenhower (for two terms), and after Jimmy Carter came the great Ronald Reagan. Perhaps the next GOP champion will be another "great communicator," who can transcend the liberal media and reach the people. Florida Senator Marco Rubio and others immedThomas Jeffersoniately come to mind, but I am veering off my subject. The important thing is that conservatives and gun owners must regroup to preserve the gains already achieved on gun rights. And this brings me back to my topic — Guns and Freedom.

The English philosopher, John Locke (1632-1704), who was greatly admired by the American Founding Fathers, once wrote, "I have no reason to suppose, that he, who would take away my Liberty would not when he had me in his Power take away everything else." And for his part, Thomas Jefferson (photo, right) added, "The national progress of things is for liberty to yield and for government to gain ground." The solution to this dilemma — namely, government as a necessary evil, according to Joseph Story (1779-1845), foremost American jurist and intellectual alter ego of Chief Justice John Marshall — was found in the Second Amendment.

Supreme Court Justice Story [photo, below] thus wrote (1833): "The right of the citizens to keep and bear arms has justly been considered the palladium of the liberties of a republic; since it offers a strong moral check against usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable Joseph Storythe people to resist and triumph over them."(1) These are strong words better said by the American Founding Fathers in explaining the reason for the Second Amendment than to be left unsaid to a posterity that may have forgotten why the natural right of gun ownership was written into the U.S. Constitution.

Recent U.S. Supreme Court Rulings on the Second Amendment

The U.S. Supreme Court has finally corroborated what many of us had believed all along. On June 26, 2008 in the District of Columbia v. Heller decision, the Supreme Court of the United States struck down a Washington, D.C. handgun ban, which had forbidden American citizens from owning and possessing firearms in the District of Columbia. The Court ruled that U.S. citizens have an inalienable, personal right to keep and bear arms in the federal district of the nation, a pre-existing natural right guaranteed in the Second Amendment to the U.S. Constitution.

Then on June 28, 2010 in the McDonald v. Chicago case, the Supreme Court of the United States struck down a similar Chicago handgun ban, reconfirming that the Second Amendment protects an individual right of all citizens to possess firearms in their homes for self-defense. In the McDonald decision, the U.S. Supreme Court incorporated the Second Amendment as a fundamental right of citizenship applicable to all the states and municipalities of the nation via the Due Process Clause of the 14th Amendment.

Under legal tradition, a constitutional right is protected and inalienable under the 14th Amendment's Due Process and Equal Protection Clauses, if it is considered a fundamental right, an inherent natural right deeply rooted in American history and jurisprudence.

The UN Small Arms Treaty

Even before these landmark rulings, Americans had refused to give away their natural and constitutional right "to keep and bear arms." Nevertheless, many politicians bent on prohibiting gun ownership have tried ingenious ways to curtail gun rights and institute gun control. One legal approach has been to attempt to apply the Treaty power of the U.S. Constitution, using the United Nations as a vehicle, to circumvent and contravene the same document and disarm Americans.

I refer to the Supremacy Clause, Article VI, Paragraph 2 of the U.S. Constitution:

"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”

While in the landmark case Reid v. Covert (1957), the Supreme Court ruled that the U.S. Constitution supersedes the power of treaties, many left leaning, liberal scholars have tried to circumvent that ruling with creative arguments, claiming the treaty power vested in the Constitution supersedes other internal U.S. laws, even if these are duly enacted laws, and even if the treaty itself contravenes the U.S. Constitution. Other conservative legal minds disagree. For them, it is axiomatic that a creature is never greater than its creator!

Famous UN Knotted Gun StatueFor years, so encouraged, several politicians and influential members of the Democratic Party have worked hand-in-glove with their political counterparts in the United Nations (UN) to pass several versions of the UN's Small Arms Treaty. A recent attempt, the Arms Trade Treaty (ATT), was tabled in July 2012; but according to Gun Owners of America (GOA), UN Secretary General Ban Ki-moon called "the unraveling" of the ATT merely a “setback,” and experts at the UN expect further discussions and the taking of a vote at the next session of the UN when the General Assembly reconvenes.(2)

Prior to the election, President Obama had temporarily halted his support for the UN Arms Trade Treaty because, according to several news sources, gun control efforts could have hurt his bid for re-election in November. But the election is over now. Indeed, within the first 24 hours following his re-election, the Obama administration supported another conference on gun control under the aegis of the same UN Arms Trade Treaty. On November 7, the U.S. joined 156 countries in voting to finalize the treaty in March 2013. Russia was the only country to vote against the conference! Both the National Rifle Organization (NRA) and Gun Owners of America, the two largest, gun owners organizations in the U.S., have pledged to work with the new Senate to oppose ratification of the treaty and, if necessary says GOA, to defund the effort in the House of Representatives.(3)

With the Obama administration now openly supporting the UN treaty, we can realistically expect Democrats to support gun control efforts in the new Congress. In view of the scandal created by “Operation Fast and Furious, ” it is ironic that the Obama administration and the UN have been pushing for gun control as a means to allegedly stop the flow of illegal guns onto the world market. This scandal erupted when it came to light that American officials in the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) under the supervision of Obama’s Department of Justice were allowing illegally purchased guns to “walk” into Mexico purportedly in the hope of tracking the guns to Mexican drug cartel leaders.(4) The harsh reality coming to light as revelations mount is that the administration was hoping to show an increase in crime perpetrated with those guns, so that the Justice Department in a duplicitous pincer strategy could use the data to push for gun control in America, while simultaneously pushing for the UN treaty at the international level.(4)

Moreover, despite attempts by the UN to establish a link between an illegal, world gun market and crime in the U.S., Florida State University Professor of Criminology Gary Kleck has found no such link. In fact, Kleck’s recent research found that gun theft is essential for criminal activity. His new findings are in accord with previous research establishing that guns in the hands of law-abiding citizens reduce criminal activity and outweigh the illegal uses of firearms by criminals.(5-6)

But what would this UN treaty entail? I believe U.S. Representative Paul Broun (GA-R) is immensely correct when he expressed the following concerns in a June 2010 open letter:

"If passed by the UN and ratified by the U.S. Senate, the UN’s Small Arms Treaty would almost certainly force national governments to: Enact tougher licensing requirements, making law-abiding citizens cut through even more bureaucratic red tape just to own a firearm legally; confiscate and destroy all ‘unauthorized’ civilian firearms; ban the trade, sale and private ownership of all semi-automatic weapons; create an international gun registry, setting the stage for full-scale gun confiscation..."

The truth is that although the UN Small Arms Treaty failed to materialize in 2012 because of the inability of negotiators to reach a consensus this year, it is obvious the battle is far from over. For years the UN has been trying to formalize a global, civilian disarmament treaty with the intention of circumventing the Second Amendment rights of American gun owners. After all, the UN has dictated national policy to other sovereign nations as it regards environmental, criminal, and even global tax issues, so why not gun control? And now that President Obama has been re-elected retaining control of the Senate, the chances for finally passing this treaty and ratification in the U.S. Senate are greater than ever. So the struggle to preserve the individual right to gun ownership is an ongoing effort, even for those who already possess it. The showdown is to come in March 2013.

Read Part 2 of this essay
Read Part 3 of this essay

References

1. Story J. Commentaries on the Constitution of the United States (1830) quoted in The Second Amendment Primer by Les Adams. Birmingham, AL: Palladium Press; 1996.

2. Gun Owners of America (GOA). Help Gun Owners of America stop the UN’s continuous attempts to destroy the 2nd Amendment. Gunowners.org, July 31, 2012. Available from: http://gunowners.org/a07312012.htm

3. Gun Owners of America (GOA). Obama No Longer “Under the Radar” -- Administration pushing UN gun control treaty once again. Gunowners.org, November 9, 2012. Available from: http://gunowners.org/a11092012.htm

4. Faria MA Jr. Gunrunning ATF runs amok! GOPUSA.com, July 18, 2011. Available from: http://www.gopusa.com/commentary/2011/07/18/faria-gunrunning-atf-runs-amok/

5. See http://www.criminology.fsu.edu/p/faculty-gary-kleck.php. Gary Kleck, The Florida State University College of Criminology and Criminal Justice, David J. Bordua Professor of Criminology, November 11, 2012.

6. Kleck G. Targeting Guns — Firearms and Their Control. Hawthorne, NY, Aldine de Gruyter. 1997.

Written by Dr. Miguel Faria

Miguel A. Faria, Jr., M.D. is Clinical Professor of Surgery (Neurosurgery, ret.) and Adjunct Professor of Medical History (ret.) Mercer University School of Medicine. He is an Associate Editor in Chief and World Affairs Editor of Surgical Neurology International (SNI), and an Ex-member of the Injury Research Grant Review Committee of the Centers for Disease Control and Prevention (CDC). 2002-05; Former Editor-in-Chief of the Medical Sentinel (1996-2002), Editor Emeritus, the Association of American Physicians and Surgeons (AAPS); Author, Vandals at the Gates of Medicine (1995); Medical Warrior: Fighting Corporate Socialized Medicine (1997); and Cuba in Revolution: Escape From a Lost Paradise (2002).

This series of articles is based on the two-part essay entitled “America, Guns and Freedom” originally published by Surgical Neurology International (SNI), an on-line, peer review journal for neurosurgeons and neuroscientists. The illustrated essays were published in the October 2012 and November 2012 issues of SNI. They have been edited for an American audience and published in a three part series for readers in The Macon Telegraph on November 19, 2012 and in GOPUSA on November 14, 2012.

Copyright ©2012 Miguel A. Faria, Jr., M.D.


Your rating: None Average: 5 (3 votes)
Comments on this post

Socialist censorship hatred!

On Liberal Intolerance and trashing or burning books!

Macon Telegraph, Letters to the Editor (11-27-12) "Standing ground"

"Reading Sunday’s Perspective column by Miguel Faria made me want to stand my ground and to tell the truth that will pass factcheck.org and not win the approval of Wayne LaPierre at the NRA.

"President Obama did not propose any gun control laws in his first term. The NRA has our Congress under its control and there is no way John Boehnor [sic] nor Nancy Pelosi or Harry Reid or Mitch McConnell will touch a gun-control law with a 10-foot barge pole. They and their members want to be re-elected.

"There are an estimated 310 million firearms in our nation, and there is no way that they could be confiscated or even found. That idea is totally impractical. No law requiring confiscation of guns would get off the ground.

"Having read and then seen two boxes of Faria’s book “Vandals at the Gates of Medicine” at a county book fair in recent times as a volunteer, I used a book trolley to consign them to a convenient Dumpster. Again, I stood my ground!" -- Frank W. Gadbois, Warner Robins

[Note: The article said nothing about Obama trying to pass gun control laws via the U.S. Congress, but of planing to use gun control in the UN using treaty power and his newly elected Senate. Draconian gun control laws were passed in Nazi Germany, the USSR, and China with successful disarmament of the population, as will be described in this article in the subsequent Parts II and III of "Guns and Freedom."

Mr Gadbois, a local, self-proclaimed socialist, admits trashing and dumping of my donated books, books he did not even own, because he disagrees with my views. Of his vulgar, clandestine, unceremonious censorship, I can only say the Nazis expropriated books and burnt them openly in bonfires. The German poet Heinrich Heine, who wrote in 1820, "Where they burn books, they will in the end also burn people," was correct. We can imagine that in Gadbois' intolerant, totalitarian universe, the victorious socialists would roll over, crush, and bury us, their political opponents, under their tanks. He also proves the brutish intolerance and kinship of collectivism in either of its incarnation– socialism (communism) or fascism (Nazism); first, they both censor and destroy books. I'm extremely gratified and grateful for the readers' responses – MAF]

Reply Letters (11-30-12) "Leftist censorship"

"On Tuesday, Frank Gadbois stated in his Viewpoints letter he had volunteered for a book fair in Houston County. His letter was in objection to Dr. Miguel Faria’s essay “Guns, Freedom, The U.N. and the Second Amendment.”

"Gadbois didn’t believe Obama would collaborate with the U.N. and compromise American Rights to Bear Arms.
"He told us while volunteering at the Houston County Book Fair he took it upon himself to “trash” books he found that Faria had donated to that fair.

"The title of that book, ”Vandals At The Gates of Medicine” is about how socialized our health care has become in America. That book sells for $16 all day long. Many people would love to have that book if they had known the copies were going to be trashed.

"How sad donated books were thrown in the trash because Gadbois has so much hatred and his political view is so left-leaning that he admitted to such totalitarian censorship.

"Hopefully, the Houston County Book Fair doesn’t make a habit of trashing or burning perfectly good books. Purging and cleansing was used in Nazi Germany prior to Jewish extermination.

"Gadbois gave this country the best example of where we reside when American ideology is no longer welcome in America. He took the playbook right out of Hitler’s grave and used it." -- Elaine Jones, Macon

[I think this letter concisely summarizes the matter, but for those who want to read the rest of the comments. Read on. – MAF]

MT Comments (11-28-12)

uneed: "I have the book Gadbois threw in the Trash Can. "Vandals at the Gates of Medicine" By Dr. Miguel Faria And I can assure you; every word in it is fact about Socialized Medicine!

All based on historical facts and  "NO health care delivery system will succeed unless the TWO PARTIES who have the most at stake in the system- the patients and the doctors cooperate without coercion from the state.

"The book was published in  ******1994*** And every word of it has come to fruition in this country. Down to the last period. Dr. Faria has 'lived' the socialist/Marxist life and his experiences and writings should certainly be heeded IMO. Vandals at the Gates of Medicine was dedicated to his father.

"This book is dedicated to my father, Miguel A. Faria, Sr, M.D, whose ultimate decisions to embark upon that hazardous but fateful three-month odyssey that began in February, 1966, ended in FREEDOM and Changed my Life." Dr. Miguel Faria Jr.

"He's a shining example of what was once the American Dream the same ideals America now wants to'Trash!

Emoreland to uneed: "Well done!  I would give an A+ for research and bibliography.  Was that not prophetic!"

uneed: "Frank Gadbois, you're the greatest shining example of  Nazi Germany I believe I've witnessed since my trip there. You would actually qualify for Honorable Mention in Berlin at Bebelplabtz.

"Especially notable among those works burned were the writings of beloved nineteenth-century German-Jewish poet Heinrich Heine, who wrote in his 1820-1821 play Almansor the famous admonition, 'Dort, wo man Bücher verbrennt, verbrennt man am Ende auch Menschen' (Where they burn books, they will in the end also burn people)."

"So You proved Dr. Faria correct in the end, which I never doubted."

Bob Farquhar: "Yeh, VC is your hero.  We know. Maybe he'll be in on his white steed later."

uneed: "Dr. Faria is my hero and should be many people's Hero! He lived in Cuba during the worst revolution and his father's courage was bravery that this country has very little of anymore! He's a renowned Neurosurgeon and Author.

"VC is also my hero! He use to come to this spot each day and brought with him a wonderful love of history that many shared an interest in because that same "history" is what formed our nation to the very spot we now reside.

"If you were near the Man, Dr. Faria, then you might be able to could carry his books but I doubt it. You are a most jealous and envious man. You need some pity; but you won't get it from me!"

sparky: "Gadbois' actions are telling: If you disagree with the subject matter, dump the source of knowledge so others are not exposed to it.  I wonder if he made a donation to the book fair in lieu of the dumped books' sales price.  After all, the book fair raises funds for the county's libraries - which one must assume Gadbois short changed.  Some volunteer!"

uneed: " Hopefully those in charge of the Book Fair will realize what he did since he's plastered it in the local News: 'That Gadbois is a detriment to their "CHARITY.'
"It certainly tells those that "DONATE" their time and books; it's NOT appreciated! I would keep my books and not donate anymore feeling they will only be TRASHED!"

Bob Farquhar: "Least he didn't burn them.  I chastised him for not recycling."

uneed re BoF: "What can I say even Lee Harvey Oswald joined the Marines!"

PerryCPA: "Frank W. Gadbois, no proposed law requiring confiscation of guns would get off the ground.  But that’s not the liberal strategy.  All it will take is to replace one conservative Supreme Court Justice with a liberal one.  Then this 'enlightened' court will simply rule that the 2nd Amendment is not an individual right.  How many blue states would then immediately pass legislation severely limiting or banning gun ownership?  How many large cities in red states would do the same?  With a tyrannical court backing this up, the impractical would become the rule of law for most of America."

detcord: "Though I don't need to tell you. Gadbois' confession was a blasphemous act for a librarian. The 1st Amen. is not to protect speech with which we agree. The 2nd is not to ensure the ability to kill the friendly."

Stan the American: "Who gave Gadbois the authority to trash the books at a book fair?  Were they his?"

uneed: "It's actually quite 'disturbing'! That one comment should educate people on what we're dealing with! And 'that is an understatement on my part'!

"If one has never had the opportunity to walk the streets of Germany and educate oneself on the 'FACTs'. Then now would be a great time to start reading everything related to Nazi Germany, Austria, and how it all started by 'literally everything' we hear come from the mouths of those that prefer to call themselves liberals. That is not their name; they are Socialist/Marxist/Communist.. and the list goes on. And no that's not rhetoric; it is a fact that have already been proven and documented."

detcord: "Frank W. Gadbois, your symbolic ridding of un-liberal books is a real taste of Berlin. However, your classless intolerance lacked the visceral passion that burning could have added to the celebration."

MT Letter to the Editor (11-29-12) "Gadbois the censor"

"Frank Gadbois’ 'Standing Ground' Opinion Letter about action he took at a recent Houston County book fair where he dumped books by an author he disagreed with into a Dumpster exhibits childish behavior, not that of an adult volunteer where self reflection should have told him that this type of censorship violated one of his most valued progressive ideals. 'Burning books has never silenced ideas.' ”-- Arthur D. Brook, Macon

MT Comments (11-29-12)

uneed: "Mr. Brook, his name needs to be removed from any other Volunteer positions if a charity intends to receive donations. He's bad advertisement.

"I know nobody that would make any donations of books, clothes,shoes or anything else knowing if a liberal is working the site and the donation comes from one they don't agree with 'politically' the donation will be 'TRASHED.'

"Churches take books along with all other types of donations especially this time of year;there is always someone that likes to receive a brand new book along with something they may need from the Food/Clothing banks."
r patton: "Frank Gadbois is one brick short of a full load and everyone on the planet knows that." 

ProPatria: "Suspicion confirmed: Gadbois is a few books short of a library."

uneed: "The books he threw in the trash can were chocked full of 'history' and even used references to many other 'history' books that supported the Entire Book "Vandals at the Gates of Medicine" By Dr. Miguel Faria.

"The book covers Primitive Medicine, travels throughout the Roman Empire,Middle Ages, and The Renaissance and proved in 1994 that Health Care in our country was headed straight to socialized medicine if people didn't wake up and recognize how history plays a huge roll in the End result.

"He literally threw a wealth of 'Knowledge' and history  in the Trash Can! The author gave multitudes of references using 'others writings' some I'm sure he didn't agree with considering his profession... But he didn't throw them in the trash can because he disagreed with them; instead he used them to prove his writings."

Comments 11-30-12

Jig Roberts: "Frank Gadbois, what in he**  gives you the right of book censorship?  By reading your numerous Marxist letters, I had you figured for a nitwit but now you have confirmed it among other things. The world doesn't need volunteers like you, but maybe that's why you volunteered, to control what was sold.

"Comrade Gadbois needs to either shut the he** up or go back to the U.K. Southeast Asia left me with very little tolerance for idiots like him." 

Stan the American: "You guys need to lay off Adolf Bookburner von Gadbois.  He is a massive socialist and doesn't understand that the rules are for everybody and that you can't pick and choose when to apply them."

Gafarmer: "Elaine Jones great letter. I can't believe even Gadbois threw perfectly good books in the trash. All readers of view points know how he rants about things in America and also how he loves England but to destroy perfectly good  books that is more than I can comprehend.
Some one needs to carry him to a doctor because he has flipped his lid."

Wolfenstorm: "Well said, Elaine.  Even though it has been said in these comments, I am glad you said it again!"

MT Letter to the Editor (12-4-12) "Book fair censorship"

"On Nov. 27, Frank Gadbois wrote a letter to the editor telling us of his way of “standing his ground.” His way is to take a position as a volunteer in the community, an otherwise noble act except in this instance, then to appoint himself as the book police and remove a book that he thought was of no merit. He wrote, “Having read and then seen two boxes of Faria’s book “Vandals at the Gates of Medicine” at a county book fair in recent times as a volunteer, I used a book trolley to consign them to a convenient Dumpster. Again, I stood my ground.” Pretty pathetic to think that because his ideology is different from Dr. Faria’s he thought his actions were appropriate.

"Who gave Gadbois the authority to decide what others might want to read? I hope that someone at the book fair where he volunteers read his letter and refuses his services at the next fair."­-- Eddie Coffee, Kathleen