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March 04, 2003

America is a greater place because of Don Bird

Letter to the Editor:

Once again the undeterrable Don Bird is taking another swipe at the leviathan state. I have written in the past how proud it makes me that our county has as a citizen this unassuming little juggernaut of a man. My pride, however, is somewhat tempered by the shame I feel that our country's educational system has produced citizens whom are ignorant of their God given rights, and therefore unwittingly aid the corrupt judiciary that is all to willing to engage in subterfuge and skullduggery to subvert those rights.

Which of the following incongruous statements taken from the recent article in our local paper is correct, "The right to keep and bear arms was originally granted in America in 179 through the ratification of the Bill of Rights," or the statement of Judge Hollows that "neither the Second nor the Ninth Amendment of the U.S. Constitution grants a private right to bear arms"?

If you sided with the judge, you were correct, but he was right for all the wrong reasons. You see, when Don Bird sought a judgment against Governor Davis and company for violating their oaths of office by stating that citizens have no private right to bear arms, the Judge knew full well that Don was right, and Gray Davis was wrong.

So Judge Hollows opted for judicial equivocation by ruling on a matter that was not germane to the case in front of him. The judge was counting on the ignorance of both, the news reporters who would write about this judgment, and the people who would read it, to help him hide the fact that he wasn't going to fulfill his sworn duty.

Any man that possesses the acumen to rise to level of a federal magistrate knows full well that neither the Constitution nor the Bill of Rights grants any right at all to citizens of the United States. The only rights granted by the Constitution are those powers that the people allowed the federal government to have. The Constitution is a document that restricts the power of government. The Bill of Rights was added only because our forefathers were so fearful of a powerful government that they would not ratify the Constitution until these prohibitions on a new government were clearly spelled out, so no misunderstanding would ever be made about their intent for a strictly limited government.

Men like Judge Hollows and those judges that sit on the Ninth Circuit Court, who have ruled that there is no individual right to bear arms, are putting their personal agenda above the highest law in the land, thereby violating their solemn oaths of office which requires them to uphold the U.S. Constitution. In short, these men are criminals.

How do I know this? To start with the Judges that sit on the Fifth Circuit Court recently ruled that there is an individual right to bear arms. The Judges of the Fifth Circuit know this because our forefathers left ample evidence of their intentions through their written account of the deliberations made over the formation of the Second Amendment.


A very well researched and documented study of those deliberations can be found at What these writings prove is that the Second Amendment which says, "a well regulate Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed" was a compromise between Federalist and Anti-Federalist factions, and actually consists of two separate, but equally important parts which express the desires of both groups. The fact that our forefathers' intent that the Second Amendment guaranteed the government was never to interfere with the individual's right to bear arms is irrefutable.

Governor Davis' argument that the California Constitution does not grant the individual a right to bear arms is also an easily disproven, politically driven, and purposefully contrived obfuscation to fool the ignorant. The fact that the Second Amendment is a ratified part of our Federal Constitution means that it supersedes Stat law. Even if Governor Davis and our State Attorney General were "unaware" of this legal nuance, anyone capable of reading our State Constitution would find this, California Constitution Article 1 Declaration of Rights:

Section 1: All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety, happiness, and privacy, and this California Constitution Article 3 State of California:

Section 1. The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.

When our government officials choose to ignore their oaths of office, they are breaking the law and are a threat to everyone. In so much as each of us are made injured parties by these actions, we should thank and support Don Bird who is standing up for us all.

Van William Washburn

Gerber, California