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Date: Sat, 29 Nov 1997 06:51:46 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Sheriff Richard Mack and the Unconstitutionalm Brady Bill

<snip>
>
>I found the following viewpoint by former Sheriff Mack 
>to be enlightening.  It seems that Clinton has 
>absolutely NO respect for the Constitution even when 
>the SC rules on the unconstitutionality of the Brady 
>Bill.  Another reason to IMPEACH him.  FWIW, Richard 
>Mack is LDS.  What say ye?
>
>Doug
>
>Dr. Douglas W. Schell
>Professor of Business and Economics
>The University of North Carolina- Pembroke
>1709 Crest Dr.
>Aberdeen, NC 28315
>(910) 944-5757 (home)
>(910) 521-6463 (office) 
>
><---- Begin Forwarded Message ---->
>
>
>Volume 1, Item 5, 8 November 1997
>
> The following article was recently printed in the 
>"Sentinel of Freedom",2790 Wrondel Way, #41, Reno 
>Nevada.  It was written by Richard I Mack, theSheriff 
>who brought suit against the Federal Government over 
>the "BradyBill".  His quote of the final decision of 
>the Supreme Court on the case,as written by Supreme 
>Court Justice Antony Scalia is one of the best we
>have seen, and should be used to take out many other 
>federal regulations.  
>
>We quote:        "SUPREME COURT RULING MEANINGLESS? 
>                      By: Richard I. Mack
>
>     On June 27, 1997 the United States Supreme Court 
>ruled the Brady bill to be unconstitutional.  The story 
>was covered in every newspaper and in every radio and 
>television broadcast across the country.  President 
>Clinton called a press conference, ordered the Attorney 
>General and  Secretary of the Treasury to find a way 
>around the ruling and asked our nation's law
>enforcement to continue the background checks 
>voluntarily.    Then, of course, subsequent to this 
>landmark decision, the sabios of the media began
>the onslaught of editorials to convince Americans that 
>the ruling was merely a change in legal verbiage, and 
>besides a moral  victory for the NRA, the ruling was 
>otherwise meaningless.
>
>       Does the Supreme court really deal in 
>meaningless cases?  Why out of the thousands of cases 
>to cross its desk would the highest court in the
>land agree to hear a meaningless case?  Or would it be 
>that some misinformed columnists missed the point of 
>the most powerful and monumental decision ever? 
>
>     Would it interest Americans to know how much the 
>Brady background checks cost in tax dollars?  Would it 
>help us to know how many of the "250,000" some odd 
>"felons" denied  handguns pursuant to Brady checks were
>actually arrested, prosecuted or fined?  Is anyone 
>concerned why we have 250,000 felons on the streets in 
>the first place?  Has the cost effective analysis shown 
>the Brady checks to be a worthwhile law enforcement 
>endeavor?
>
>     Are these valid questions?  Probably, but the 
>Brady ruling had nothing to do with funding, taxes, 
>statistics, crime reduction or national security.  This 
>lawsuit was based entirely on State sovereignty, States
>rights, and the Tenth Amendment.  Sarah Brady was 
>correct when she said that we "renegade Sheriffs" did 
>not file a Second Amendment challenge as part of the 
>suit.  The Brady bill did not affect us, as Sheriffs, 
>on the Second Amendment grounds one iota. Gun shop 
>owners and citizens could mount such a challenge.
>
>      Our lawsuit against the Brady bill comes down to 
>one key issue, does the federal government have the 
>right and authority to compel States to comply with 
>federal mandates and directives?  We, the plaintiffs in 
>this case, maintain that the federal government has no 
>jurisdiction or constitutional authority to order 
>Sheriffs in this country to do anything.  
>
>     To answer to the BATF or to be controlled by the 
>federal bureaucracy is not exactly the Sheriff's role. 
>The lawsuit against the Brady Bill was actually born 
>out of our own frustration with an out-of-control 
>federal government.  Our concerns were purely 
>constitutional.  You remember the constitution, the 
>document the founders devised to protect and safeguard
>liberty? 
>
>     The Washington Times reported that the most 
>curcial and critical cases are historically decided by 
>the Supreme court at or near the end of each year's 
>term.  The Brady bill decision was released on the very 
>last day. The Associated Press said this "ruling marked 
>a bitter defeat for President Clinton".  These news 
>reports seemingly stray far away from the editorialists 
>who declared this ruling to be meaningless. 
>
>     The Supreme Court was sharply devided on the case, 
>both numerically and philosphically.  Five Judges 
>agreed that the Brady bill was unconstitutional and 
>that Congress had exceeded its authority in passing
>it.  Four other justices dissented and said the Brady 
>Bill was appropriate and within federal supremecy 
>authority. 
>
>     The opinion for the majority was written by 
>Justice Scalia who said, "The constitution protects us 
>from our own best intentions.  It divides power among 
>sovereigns and among the branches of government 
>precisely so that we may resist the temptation to 
>concentrate power in one location as an expedient 
>solution to the crisis of the day."  In other words the
>constitution cannot be sacrificed "For the Children", 
>or to save us from our own stupidity.  Today's 
>legislatures have replaced their constitutional
>oaths with good intentions and benevolent purposes 
>which serve one purpose, their own selfish agendas. 
>
>     Scalia's final paragraph reads, "The Federal 
>Government may neither issue directives requiring the 
>States to address particular problems nor command the 
>State's officers, or those of their political 
>subdivisions, to administer or enforce a federal 
>regulatory program.  It matters not whether
>policy making is involved and no case-by-case weighing 
>of the burdens or benefits is necessary; such commands 
>are fundamentally incompatible with our constitutional 
>system of dual sovereignty." 
>
>     This ruling is one of the most powerful and 
>monumental decisions released by the Supreme Court in 
>modern history.  On the other hand, this decision will 
>be meaningless, if we do not have elected officials who 
>will keep their word to protect and defend it.  If your 
>Governor, Attorney General, Mayor, City Council, Board 
>of Supervisors and especially your Sheriff, do not 
>possess the integrity or the intestinal fortitude to 
>stand for the Constitution and use this Brady bill 
>ruling to benefit the cause of freedom, then it will 
>indeed remain a meaningless decision.  However, if
>such is the case, then this ruling will not only be 
>meaningless, but the entire Constitution as well.  The 
>Constitution is no stronger than the hands that are 
>there to protect it. 
>
>(Note from the Editor of the "Sentinel of Freedom":  
>Richard Mack gave his all for us on this one.  It cost 
>him everything he had including his job, but he won it 
>for us.  It's our turn now.  For a $10.00 or more 
>donation, Richard will send you an autographed copy of 
>this landmark decision.  Make your donation payable to 
>"Richard I. Mack" and send it to the: Sentinel of
>Freedom 2790 Wrondel Way #41 Reno, Nevada 89502. 
>
> They will be forwarded immediately to help him get 
>back on his feet.
>Thank you!
>
>
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>**********************************************
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>
>
>----- End Included Message -----
>
>
>
>

===========================================================================
Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
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_____________________________________: Law is authority in written words 09
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