to the sovereignty
Landmark Gun Rights Case
Freedom Center of Missouri Presenting Oral Arguments
October 24, 2015 - Jefferson City, MO
About a month ago we emailed an alert about the Missouri Supreme Court's systematic dismantling of Amendment 5, the gun rights amendment to the Missouri Constitution voters overwhelmingly adopted on August 5, 2014. Read about it here: https://www.mofirst.org/emails/Freedom-Center-Files-A5-Brief.php
We reported that Missourian's gun rights would be in the balance in the Missouri Supreme Court this Tuesday, Oct. 27.
This is a call to action – please watch history in the making by attending the two hours of very interesting hearings.
Frankly, I was resigned to the prospect that the Court would once and for all gut Amendment 5, but just yesterday there was a game changer.
In an unprecedented turn of events, the Freedom Center of Missouri learned that they would be given the entire thirty minutes to make their very principled and constitutional argument in defense of Amendment 5. The Freedom Center's attorney, David Roland, had filed an amicus brief in both cases, and now the attorney for one of the defendants has asked Dave to take ALL the argument time on behalf of his client -- and Amendment 5.
Read about the cases, including the briefs, here: Supreme Court Link
IT'S ABOUT MUCH MORE THAN GUN RIGHTS
Like the United States as a whole, Missouri is a “constitutional republic.” The most fundamental aspect of an American constitutional republic is expressed in Article I Section 1 of the Missouri Constitution: “That all political power is vested in and derived from the people; that all government of right originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.”
Through the Constitution, the People dictate the role of government, including rules of conduct and limits on its power.
Amendment 5 constitutes the People's limits on the power of the government they established, including instruction to the judicial branch of government about how they are expected to evaluate laws that restrict the right to keep and bear arms. In a handful of cases so far, the Supreme Court has indicated that they are going to ignore, in whole or in part, the People's instruction. If the Court can ignore Amendment 5, the People will be left powerless to place any restrictions on the government they created.
The Freedom Center brief concludes by making that very point:
If this Court should rule that the language of Article I, Section 23, does not establish the highest possible level of constitutional protection for the rights articulated therein, amicus implores the Court to give the people of Missouri guidance as to what language they would need to adopt to accomplish that highest level of protection for this particular right, or for any other right they wish to put beyond the government’s reach.
We need to make sure the seven judges sitting on the Missouri Supreme Court know the People are watching -- please plan to attend the oral arguments at 9:30 a.m. this Tuesday and bring some friends with you!
The two cases are:
State of Missouri v. Raymond Robinson, and
Dave Roland will be arguing the second case.
Attending this hearing may be the most important thing you do for the cause of liberty for a long time.
Let us not, I beseech you, sir, deceive ourselves. Sir, we have done everything that could be done, to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament.
Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation.
There is no longer any room for hope. If we wish to be free, if we mean to preserve inviolate those inestimable privileges for which we have been so long contending, if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained, we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of Hosts is all that is left us!
Patrick Henry at St. John's Church, Richmond, Virginia March 23, 1775.
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