Sunday, January 13, 2013


RFD NEWS FLASH!!  Presidential Executive Order Proposal - Federal Employees to Report Gun Owership

The Watchman came across the below article published by Fox News 13 January 13 regarding a liberal think tank's submission of executive order (EO) ideas to President Obama. Among the ideas is a EO to order all federal employees to report gun ownership of weapons to their employer. This is unconstitutional when common sense reading of the 2nd Amendment is done. It violates the "infringement" clause"  as well as the 5th Amendment, since such an order would compel information to be divulged on threat of a criminal act that the EO would create.  While it is unlikely this EO would stand judicial test, given the lengthy time a lawsuit to wind its way through the system, thousands of workers may quit or be fired. It is just another example of how unAmerican some American's have become and as Benjamin Franklin wrote in 1759,  "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."
The article appears below:
Liberal think tank vows national campaign to push for more gun control
Published January 13, 2013 / FOXNEWS. COM

The president of the Center for American Progress said Sunday the influential liberal think tank will mount a full-scale campaign to push for more gun control.

Neera Tanden told “Fox News Sunday” the Center for American Progress will “absolutely” launch a major campaign in states across the country.

Tanden also downplayed the fact that groups supporting more gun control were severely outspent during the 2012 election cycle in which the influential National Rifle Association spent $20 million in backing candidates.

“They had a really low return on their investment,” Tanden told Fox. “Still, the NRA is a very strong lobby.”

Tanden spoke after a report published by The Washington Post stated the group is recommending 13 new gun policies to the White House, including some that call for executive action that sidesteps congressional approval.

The proposals include requiring universal background checks, banning military-grade assault weapons and high-capacity ammunition clips and updating data systems to track gun sales and enforce existing laws, according to The Washington Post, which said the proposals “amount to the progressive community's wish list.”

Tanden said the idea of executive action would be on some of the smaller issues, such as federal employees giving gun-ownership information to the president.

She also argues that both sides can find common ground on tougher background checks.

Larry Pratt, executive director of Gun Owners of America, disagreed with that notion.
He argued that stolen guns were used in the fatal shootings last month at the Sandy Hook Elementary School in Newtown, Conn., in which 20 first-graders and six adults were killed.

He called the ideas a “waste of time” and argued Washington should focus on ending gun-freeze zones because people who live within them cannot protect themselves.

President Obama has already expressed support for many of the group’s proposals.
And Vice Prsident Joe Biden is leading a task force on possible changes to the gun laws. After speaking with groups on both sides, Biden purportedly could give the recommendations to the president as early as this week.

The Center for American Progress’ 11-page report was presented Friday to White House officials, according to The Post.

Read more:

Thursday, January 10, 2013

Red Flag Warning: The Executive Order Danger

      The Watchman is observing Presidential actions regarding the emotional and almost hysterical gun control responses. However, there are issues that transcend this important topic that I wanted to make all aware of, and that is the use of executive orders by Presidents. What follows is a letter I sent to my congressional representatives and encourage all to take up similar action to curb this abuse of power by the executive branch of our government.


Dear Senator Udall and Congressman Lamborn, 

I am sure you are being overwhelmed with correspondence from every corner of the state regarding gun control issues and our constitutional rights under the Second Amendment. As a gun owner and carry-conceal permit holder in El Paso County, I deplore and am greatly sadden when I hear of tragic attacks by criminal or mentally ill individuals such as occurred in our state and in Connecticut.  I do agree with the need for some levels of accountability, but not to the extent being advocated by the anti-second amendment lobby.  However, this is not the purpose of my letter.

My concern is more critical than gun control.  My concern is the appearance of our presidents to utilize their powers of executive orders (EO) in-lieu of lawful congressional action on this issue and many others.  It is not only the current president who seems to push the envelop in exercise of the power of EOs, but past presidents as well in recent times.  I believe this continued use of EO power to circumvent congressional action is very dangerous to our republican form of government.  

As you know our founders set up a governmental system to protect the rights of all citizens from the threat of a “monarchy”. They created separate, but co-equal, branches governing the affairs of our nation. The legislative branch has the direct power to tax and create law. The executive branch is to execute those laws, and the judicial branch to ensure laws, and their execution, are within the framework of our constitution.  I agree an executive must be able to order certain actions within the administration affecting compliance with congress’ intent or to clarify regulatory action, but in no case should an EO circumvent the constitutional process to create law on its own basis. 

I can understand the frustration by executives to achieve their policy goals and “make things happen”, however substitution of carefully considered legislation through the deliberative process by an executive order does not meet the Constitution requirements envisioned by the founders. Using an EO process to assuage raw, sensitive issues such as gun control may actually worsen the situation than if cooler heads worked in unison to craft public policy under their constitutional mandated powers.  EOs are drafted by unelected and unconfirmed staff which in and of its self should give rise of congressional concern.  Failure to curb these “short-cuts” certainly would lead to an ever-expanding push for greater use and abuse.

I encourage you and fellow congressional delegations to carefully explore all forthcoming EOs to jealously guard your constitutional powers, and thereby protect our nation from potential tyranny of one-person rule.  You may think the foregoing is over-wrought hype, but looking back at human history in other nations, the record is clear that by slow shifts, freedom was replaced by tyranny and dictatorship.  Unless our elected leaders stand firm and united in at least this one aspect of governance, then we may be assured of long-term liberties and the pursuit of happiness as promised by the Constitution.


Mark R. Bradbury

Tuesday, January 1, 2013

Red Flag Warning: Constitutional change blowing in the wind - Just ignore it!

There are suggestions blowing in the wind that our U.S. Constitution is in need of change.  The Watchman came across an article in Fox Nation reporting comments from a New York Times pundit about the Constitution.  Fox Nation's Noah Rothman reports,

Georgetown University constitutional law professor Louis Michael Seidman has just about had it with the focus of his 40 years of academic study. As he writes in the New York Times on Monday, it is the Constitution itself which has allowed for the series of legislative follies that finally resulted in the “fiscal cliff.” Seidman says that it is time for Americans to realize what lawmakers have known since the constitution’s inception – it is okay to ignore it.

“As the nation teeters at the edge of fiscal chaos, observers are reaching the conclusion that the American system of government is broken. But almost no one blames the culprit: our insistence on obedience to the Constitution, with all its archaic, idiosyncratic and downrght evil provisions,” Seidman writes.

Our obsession with the Constitution has saddled us with a dysfunctional political system, kept us from debating the merits of divisive issues and inflamed our public discourse. Instead of arguing about what is to be done, we argue about what James Madison might have wanted done 225 years ago.

Read more:

Given his comments, the Watchman is wondering what concepts of law Mr. Seidman is spewing to the students. It is acceptable to ignore the law?  If so, no wonder we have so many educated Occupiers advocating anarchy!

What is important to note Mr. Seidman co-authored three books with a former Obama appointed czar, Cass Sunstien. (Mr. Sunstien was the administrator of the White House Office of Information and Regulatory Affairs and a close friend of President Obama’s from their days on the University of Chicago Law School faculty.)  Thus, it might not be too far fetched to believe Seidman's views, via Sunstien, may have been indulged within the White House. The Watchman isn't too fond of conspiracy theories, however if one looks at how the President has "ignored" the Constitution on several occasions using executive orders to skirt the legislative process, then this link might not be unfounded.

Even the current debacle of the "Fiscal Cliff" has certain aspects that ignore the Constitution's intent. Since when has our laws been negotiated behind closed doors of the White House? Bills are now created in secret, rushed to the floor of each legislative body, and voted upon with out any review by responsible committees or public debate on the floor of the chambers. In other words we have now a form of oligarchy in which a few have power over the many. This is NOT what the writers of the Constitution intended to occur. It greatly endanger's our freedoms when what is unusual becomes the norm. In the forthcoming debt limit crisis we will see for the fourth time this kind of circumvention of the process occur. 

We ignore the Constitution at our peril. Freedom and our liberties are in danger when good intended men attempt to short-cut the system carefully laid out by our founders. As frequently said, the road to hell is paved with good intentions. Let's get back to the fundmental functions and process of our Constitution requires. 

ACTION ITEM: Write to your congressional representatives to dispense with extra-constitutional actions and follow the time honored, proven, processes that protect our freedom.