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An Open Letter to Her Honor Justice Sue Myerscough

January 6, 2012

Over the course of the last decade, I’ve crafted more than a few Letters to the Editor of the Oldest Newspaper in Illinois regarding the Second Amendment recognized, inalienable right to own and to carry firearms in case of confrontation for the purpose of self defense and Illinois government operator’s refusal to stand down their direct, intentional and ongoing abuse of the Citizens of this state and of this nation on that front. I have been fortunate enough to see quite a few of these letters published and been blessed to witness and participate in the public political discourse they sparked. I’ve had the courage to speak the truth, most especially the reality that serious dereliction of duty and violations of oaths exist so long as it remains illegal to exercise what is an inalienable right, questioning with boldness along the way in search of truthful answers and just remedy. I was going to submit a letter along the lines of what is written here, but, to be honest, the 300 word limit, along with the leftist cliff that organization has gone over, I found it useless to even submit it. So I write here once again as a result.

Whether it be multiple years of writing letters to the newspaper, or to Individual Legislators and Constitutional Officers, including the Governors themselves, whether it be in person visits to the offices of the same or emails to everyone from the State Police to the local Sheriff or even the Attorney General herself, or even if it be attempts at joining up with others in organized lobbying efforts, it can never be said that I, personally, have not tried everything possible, and then some, to see my right, alongside the rights that belong to others, recognized and respected as they should be. In that continuing effort, I add another name to the list of those who are acting in unjust ways.

Joining the others I have publicly said already belong to this group, I now submit that Her Honor Justice Sue Myerscough is derelict in her duty and in violation of her oath of office as well. This because multiple legislative sessions came and went without the General Assembly dealing with the actualities that the Heller and McDonald decisions bring to bear regarding the Unconstitutionality of Illinois’ stand alone criminalization of rights exercised. The Second Amendment Foundation led the way (with the NRA drug along kicking and screaming yet on its ever present nefarious path, to what seems to be the only remedy available in the face of a obtuse Legislature in denial and a Executive in la la land – Court.

Her honor Justice Sue Myerscough heard the “sides” back in August of last year and here we are now in January of 2012 yet still there is no decision with no idea of a delivery date in sight. Crickets is all we hear. Emptiness is all we see. Heck, even someone writing her a simple letter caused unbelievable drama. No, it wasn’t me. Stunned was I to witness serious Second Amendment advocates willingly comply with stomps on the first. No wonder they willingly comply with stomps on the Second as well!

So much for the right to petition government – are judges no longer part of government, or what?

So much for courts being a remedy when two historic decisions, precedent setting decisions, are delivered by the Supreme Court and are not only ignored by Illinois governing officials, both Legislative and Executive, but now also a federal Justice, who is directly subordinate to, and bound by, those Supreme Court set precedents, refuses to deliver the only just decision possible- The striking down of code that simply cannot stand and does not stand. Heck of a deal huh? Decision difficult so just refuse to deliver it? That is kinda like simply refusing to hear a case, huh? Sheesh.

I understood, partially, Her Honor moving slowly, patiently, when fall veto session was close at hand. I offered the benefit of the doubt, publicly, that Her Honor was trying to afford the General Assembly time to resolve what the Supreme Court basically already said cannot stand Constitutional Muster. However, when session came and went without positive resolution, without even discussion of it, it was, and remains, her duty to do what our corrupt Executive and his political party’s majority controlled Legislature simply refuses to do. I mention “partially” because there is a false premise in play there to start with.

There exists this errant and unjust notion that legislation is somehow required to “allow” each Citizen to exercise their right to bear arms, that government must afford each of us its “permission” after we “qualify”. Nothing could be further from the truth. The Second Amendment recognition of inalienable rights to own and carry arms does not hinge upon any legislation and is not “allowed” by it. It is admitted already, legally, that neither right depends upon the Constitution itself. ( Well Heller and McDonald contradict one another on that point, but for purposes of this writing we will stick with Heller). This set of rights is endowed upon us by our Creator, not “allowed” by government machination. These rights predate the Constitution itself and are not trumped by it or provided by it but rather dutifully recognized within it. Indeed, enumeration of these rights specifically removes from the hands of government, all of its branches and levels, the authority to decide that people can be punished simply for exercising their rights. So decided the Supreme Court almost four years ago specifically pertaining to the right to own and carry. The only legislation required this day here in Illinois consists of language that strikes out the current criminalization of the rights exercise. This too can be accomplished with Her Honor’s overdue decision. This as a Judicial function of checking and balancing the authority of the Legislature. The Legislature has had years and years to act, its members chose not to do so, again. Still. All that is left is the Judiciary. So what is the deal?

When the Executive will not act to defend enumerated Liberties and in fact openly champions the ongoing infringement, when the Legislature specifically and willfully treads upon those same Liberties by criminalizing them and when the courts and their Justices join forces with those two entities in a trifecta of abuse that flies in the face of the most basic framing documents of this country, what remedy is possibly left?

Twice in our history have abuses rising to this this level, the long trains of them, been absent cogent and proper redress from government. First began a War of Independence culminating in a Declaration of it. Next came a shameful civil war. Both were required steps taken by Freemen in the defense of Freedom and Individual Rights. Hat tricks are nice, but not in this situation. We are supposed to be smarter than this, we are supposed to learn lessons from past mistakes. We are supposed to make better decisions as time goes forward. A right and proper decision has to be made now if we are to take a path different from those two I just described.

So, I call on you directly, your Honor Justice Sue Myerscough, to dispense with the stalling. I call on you to put a clear and present stop to the longstanding abuse by local and state governments unjustly imposed upon Illinois Citizens. I call on you to do your duty, to uphold your oath, to apply the law, the Supreme Law, as it is – aside from the political wrangling and disputes waged by politicians. This is not a political question. This is a matter of simple right and wrong.

While true that doing so will no doubt cause some wicked troubles regarding jurisprudence here in Illinois, that is the fault of illegitimate actions taken by overstepping legislators that spans decades. It is not the fault of the innocent Citizenry and it is not We The People who should suffer even one more minute of this unjust, collective punishment. I call on you to strike down the offending language that exists in Illinois code. All of it, strike it all straightforwardly. I call on you to defend the Constitution, the Liberty it enumerates and the Citizens it was crafted to protect in the first place. I call on you to put politics aside and do what, in your heart, you know has to be done – once and for all.

Your Honor, I own the right to carry my firearm and even to use it to defend myself from aggression if that comes to pass. You took an oath to uphold and defend that right, along with the Constitution this right is enumerated within, against all enemies foreign and domestic. My right and my well being is under plain, clear and present danger as I am threatened with arrest, lengthy detention, confiscation of property, and even a stripping of this right, along with others, for nothing more than exercise of it. That is just from the Law Enforcement side of the equation. I am also left disarmed in the face of numerous criminals. Did ya see the Tribune today Your Honor? Another 14 people shot in one day. Yeah, the carry prohibition is soooooo successful, huh?

If you cannot see the fallacy, if you cannot bring yourself to admit its existence openly, and that you have the authority to make it right yet stall implementing the just solution, then you are not fit to sit on the bench in judgement of others in application of law. Indeed, absent immediate action, necessary and proper, overdue action, you are just as corrupt, and guilty, as those others who have for far too long long denied, check that, snaked away from innocent Citizens their inalienable rights.

While you may consider this criticism harsh, and while harsh it may be, true it is none the less. And besides, it is no more harsh than having my inalienable right stripped from me – as I witness you exercise that very right as if you wear some kind of Title of Nobility that puts you into some class above me and the rest of my peers out here in Citizenland. I assure you, your Honor, that such a path has been tried in History and it never works out very well for those claiming to be above others. Equality wins the day, Liberty wins the day, Truth and Justice win the day. Please, Your Honor, show me that my faith in your position as Judge was not misplaced when you heard the SAF’s pleading. Demonstrate that you have it in you to just do the right thing because it is the right thing to do. End the stonewalling. End the miscarriage of Justice that has already gone on too long. Show each of us here in Illinois that all is not lost, that there is still hope in trusting those of you who wear those black robes and wield so very much power.

Prove to us that the Flag is still there and that our Soldiers are not out there fighting and dying for a scam, for an illusion of Freedom where none truly exists.

Your Honor, the time has come. Your assignment is due. It is time to turn in your homework so that We The People can grade your performance to determine whether you are among the good or among the evil. It is time to see if you sit on the bench supporting Liberty or whether you support Tyranny. It is indeed past time for us to witness your choice. I still hold out hope that you will stand for Liberty, but, as each day passes, I fear that your fear overtakes you and that it explains you lack of action. Please, Your Honor, show me and show the rest of us that all hope is not lost. You may not want to be the one who delivers the death blow to Gun Control here in Illinois, but it is your duty to do so regardless. You asked for this job, you took this job and it is your responsibility to do it. So then, what is it gonna be?

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