Protection of the Constitution

To:          Orange County Sheriff
               

Cc:          Mission Viejo / Aliso Viejo Council members
                California Assembly
                Governor’s office of the State of California
                Congress of the United States
                Office of the President of the United States of America

Subject: Protection of the Constitution
Reference: The 2nd Amendment

To the Faithful office of the Honorable Sherriff of California,

You are in the most precarious position.  For your office stands in a location where it should stand behind the Constitution like Sherriff Dean Growden in Lassen County or Daivd Hencraft from Tehama County.  But yet, to do so, you would have to agree that California’s current firearms restrictions are in fact unconstitutional, and by doing so, would therefore have to admit that any action the Sherriff’s Department has imposed on citizens by California’s firearms restrictions, was in fact, an un-Constitutional motion.  Perhaps this is the reason why your department has not yet added your name to the list of more than 30 Sherriff’s departments around the country that will not impose the illegal actions of the federal government. 

Obviously, I am opposed to actions that:

1.        Supersede the Constitution.  Ignore the Constitution.  Change the Constitution.  The reality of course, is that government has no authority to write law around the Constitution.  The only way any one can alter the language of the Constitution is by Amendment.  And I do not see anyone proposing to add an amendment to the Constitution.  Instead all branches from Local to Federal, are simply writing law without respect for the process.  Process, as well, is protected by the Constitution.  When someone is prosecuted against such an illegal law, they are denied not only the right of the amendment that is being ignored, but ignoring the 5^th amendments responsibility to protect the people (and the Constitution itself).  You see, the fifth not only ensures that a person receives due process, but ensures that the Constitution itself is acted on and by, due process, therefore laws, are required by the 5^th amendment to be flushed out as valid.  Of course, no one does this, which is sad.  Your offices could be the first protector of this process.  The first in the nation to actually put the Constitution first.

2.       Assume guilt by association without evidence to support the verdict.  The Constitution also, requires, by the 4^th, 5^th, and 6^th amendments that a process of proving guilt be undertaken.   Any law that assumes that a person in possession of an object is already guilty of a serious potential crime is a clear violation of most of the Constitution.  For example: The idea that we may only have 10 round magazines assumes that We The People, are already guilty of going into a school and shooting innocent children.  We are, in effect, sentenced to guilt, without the actions of due process.   It would be insane to say that because a person possesses a tire iron they must be the type of person that would use it to smash jewelry cases and therefore should be arrested and prosecuted for being jewel thieves.  No one would dare to do that, but when it comes to guns, there is no logical explanation as to the approach, instead emotionalism reigns.  We do not force vehicle manufactures to make cars that only do 70 miles an hour (the highest speed limit in California) and people are not prosecuted for driving vehicles that can go faster than 70 miles an hour simply because they might break the law, especially since vehicle fatalities far outweigh any other cause of other person involved deaths.  Doing so to firearms shows a lack of intellect and reason and should embarrass anyone that can think, especially those whom swore to protect the Constitution and then simply ignored it for local customs.

3.       Allow agencies to decide which laws are more important.  Let’s face it; you have a hard job.  There are terrible people out there that will in fact do everything they can to just take what they want from others without regard or concern or empathy.  Sometimes, it is because the Law Enforcement Officer knows the law so well that they are able to take a bad guy from the streets, even though it was some minor infraction that allowed them to get the ball rolling.  But the problem starts when a Law Abiding Citizen is simply made a criminal by Legislation.  This has been proven directly in recent weeks when a New York assembly member, whom voted against limiting magazines to 7 rounds, told the assembly that if the law went into effect he himself would suddenly become a criminal.   This is the exact worry our founding fathers had when it came to the Democratic system and thus, the reason why we are in fact a Constitutional Republic (that is a free people whom elect officials to Represent us, not rule us).  They worried that majorities would simply create law so that they could dictate policy to the minority.  Historically speaking, one need not be a Rhodes scholar to see how minorities have been treated.  It was for this very reason that so many individual Liberties were safeguarded for each and every citizen in the Constitution.    From my standpoint, the Constitution is the divine word of this country.  It, excuse the metaphor, comes from on high.  It is the pinnacle of thought, the highest form of logic and from it all other edicts must stem.  Not the other way around (as is what legislative boards have done).  Local customs do not move up into the Constitution, but instead are created from the Constitution.    Therefore, local agencies should have zero authority to impose laws that are obviously un-Constitutional. 

There is genuine insurgency beginning in this country between those that would illegally restrict the amendments of the Constitution and those that possess firearms.  I sincerely hope that nothing happens, and that the People’s rights remain intact and I hope, and pray for the safety of all of our Law enforcement officers.  I do not envy your position.

I ask, only that you reflect on what I’ve written and that if you, like me, believe that the Constitution is the very reason why this country is great, that you tell the our local administrators and federal employees that we, their bosses, We The People, disagree with the approach they are taking and that you will sign up with the other 30 plus Sheriffs to ensure that no illegal laws are prosecuted in Orange County California.

On a personal note, as it stands today, I don’t even know if I will continue to live in this state much longer and am looking at moving myself and my business to a state that respects the Constitution.  To say I’m angry wouldn’t exactly cover it.  I’m more disappointed and feel like I’ve had to babysit someone else’s children for the last twenty years, and I’m just tired.  Tired of the rhetoric.  Tired of the lies.  Tired of the hate.  Tired of the bigotry.  Tired of people using fear as a weapon and saying my guns are more dangerous than their misinformation and cowardice.  They forget that words have power and yet they worry about my guns?

I’m just tired.

Yours, a free Citizen of the United States of America,

Karry L. Dayton