In his first address to a Joint Session of Congress as president, Joe Biden attacked the very substance of the United States Constitution. Flanked by eerily-masked twin Sphinxes Harris and Pelosi, Big-Brother Biden doubled down on his critical race theory assault against the U.S. Constitution. Emphatically pointing to himself, Joe preached a creepy collectivist incantation that “We the People are the government!”
The Second Amendment was portrayed as a mere hunting privilege, followed by a foreboding anti-First-Amendment condemnation of “white supremacy [as] terrorism.” These statements reveal a deliberateintentionality to misinform the public about (and negate the vital primacy of) established American Constitutional jurisprudence. This is a clear derogation of the Presidential Oath of Office.
There are no Steele dossiers financed by political rivals to cloud the evidence — this interminable speech was broadcast live, straight from the horse’s mouth. Joe Biden earned a law degree (barely graduating 76th out of 85 in his class): it would require an ignorance more gross even than Joe’s to conflate the Second Amendment preservation of the right to bear arms with hunting; or to obfuscate clear Free Speech precedent guaranteeing the rights of the KKK and Nazis by labeling “white supremacy” a greater threat than Muslim extremism.
Talk to most responsible gun owners and hunters. They’ll tell you there’s no possible justification for having a hundred rounds in a weapon. What do you think, deer are wearing Kevlar vests?
Gun owners and hunters are no better authorities for constitutional law than lawyers are for where best to find woodcock. President Biden knows full well that the Second Amendment has nothing to do with hunting or deer. There is every justification for having a hundred rounds in a weapon when fighting domestic terrorists, or a runaway militaristic federal government — should the rare but unfortunate occasion arise. That’s why the Constitution expressly says so, but that clear purpose was here swept aside as if nonexistent by the same mouth that swore just weeks prior “to the best of my Ability, [to] preserve, protect and defend the Constitution of the United States.”
Instead, President Biden’s fullest efforts and abilities were applied in this dissembling rant to subvert that document and its underlying creed of personal responsibility and individual liberties. So too when he equated “white supremacy” with terrorism. In 1969, the United States Supreme Court clearly protected white supremacist speech from government intrusion, in Brandenberg v. Ohio. Reversing the criminal conviction of a KKK leader, the Court established that “freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. In his concurring opinion, America’s longest-serving Justice William O. Douglas presciently proclaimed:
One’s beliefs have long been thought to be sanctuaries which government could not invade … the line between what is permissible and not subject to control and what may be made impermissible and subject to regulation is the line between ideas and overt acts.The example usually given by those who would punish speech is the case of one who falsely shouts fire in a crowded theatre.
It is not likely that Justice Douglas, famous for his ardent defense of free speech liberties, could have foreseen that Joe Biden would make precisely that declaration some 63 years later, as Chief Executive. But even that learned justice could not have prophesied that Joe Biden would invoke the “fire in a theater” exemption not to “punish speech” but as rationalization to seize guns!
In 1977, the nation’s highest court again sided with free speech when it ruled in favor of Nazi protesters in National Socialist Party of America v. Village of Skokie. Thus when he issues the unctuous edict “white supremacy is terrorism,” our CRT-Experimenting POTUS sidesteps established precedents shielding free expression, and seeks to unconstitutionally criminalize a vague category of speech and expression. Will confederate flags become prima facie evidence of terrorism, and those displaying them whisked off to Gitmo? Will all Trump supporters/voters now be identified as white supremacist terrorists? Will phones be tapped (and tracked) and internet services monitored by the Department of Homeland Security, to “protect the public” from alt-Right supremacists — a reverse-McCarthyism on steroids? The echo of that recent dramatic oath of office rings hollowly indeed.
Fortunately, our nation’s founders (and the Constitutional contract which etched the foundations of liberty) established clear boundaries to safeguard against a runaway Executive Branch that sought to tyrannically usurp the rights of “We the People” (individuals) in the name of “We the Government.” In science, a “theory” does not become a “law” until confirmed by empirical evidence. Critical Race “Theory” is being implemented by a runaway POTUS on a collision course with the overriding Constitutional “Law” of the land. The “law” has largely won out through America’s brief history.
Upon reflection (and rereading the iconic Brandenberg decision), perhaps President Biden will recant his anti-Constitutional rhetoric. If not, expansions of government restrictions on speech will be challenged in the judiciary. If the administration escalates its blatant assault on long-established free speech and Second Amendment liberties, the law of the land will trump such hateful Napoleonic efforts.
This President’s intentions are clear — he is determined to whittle away at clearly established fundamental individual rights, he’s willing to lie and dissemble to do so, and he doesn’t give a thought to the sanctity of his constitutional oath to We the People..
John Klar is an attorney and farmer residing in Brookfield, and the former pastor of the First Congregational Church of Westfield. © Copyright True North Reports 2021. All rights reserved.