Narrated by talk show host, Brian Wilson, “Down With Power” a Libertarian
Manifesto, by L. Neil Smith now downloadable as an audiobook!
Number 1,019, May 5, 2019

Twentieth century—the hangover years.
I think it will take all of the
21st to recover from the 20th.

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The Letter of the Law
by L. Neil Smith
Patronize Me!

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Attribute to L. Neil Smith’s The Libertarian Enterprise

I begin this essay as all such essays ought to begin, by reminding readers that the AR-15 and other weapons like it are precisely the “arms” that the Founding Fathers intended us to retain the right to “keep and bear”. These military guns are, indeed, “weapons of war”—the perpetual war to preserve freedom. The left wing hates it and denies it, but it’s true.

The Founders’ idea was that ordinary folks like you and me should be armed just as well as the military (technically, outlawing or taxing fully-automatic weapons is an infringement of the sort they wanted to avoid), so that a tyrannical government, should it arise under a would-be dictator like, say, an Alexandria Occasionally-Crazy, an Eric “Nuke” Swallowell, or a Stacy “I’m the Governor, so there, nyahh” Abrams might be overthrown. The enemies of individual liberty in today’s Congress, state legislatures, other bodies, and the media understand this perfectly well, which is why they clamor incessantly to have their intended victims disarmed.

I’ll add that any compulsory registration of weapons or demand that potential purchasers humbly beg for government permission to purchase (or privately trade) guns defeats the whole purpose of the Second Amendment—exactly as it is intended to do by corrupt and cowardly politicians, bureaucrats, and police officers who mistakenly believe they own us.

Also, as the Japanese Admiral Isoroku Yamamoto, who planned the attack on Pearl Harbor, pointed out, when his colleagues were contemplating a military invasion of the United States, that sort of thing becomes impossible when there’s “a rifleman behind every blade of grass.”

America is being invaded right now, and there are places where riflemen are desperately needed, if only as a deterrent. The arrest, recently, of a militia leader at the southern border (especially considering that the Congress, the malfeasant Governor of New Mexico, and the federal government in general are doing fuck-all to prevent the blatant violation of our boundaries) goes directly against the Constitution, and is therefore illegal.

Political sub-creatures like Diane Feinstein, Nancy Pelosi, and Charles Ellis Schumer (he wants you to call him “Chuck”) have made entire careers of this kind of illegality, clearly violating the oath they took to “uphold and defend the Constitution against all enemies foreign and domestic.” They’re the enemies domestic. Since that Constitution includes the Second Amendment, guaranteeing the right to own and carry weapons, their attempts to circumvent or destroy that right are criminal acts, for which they must be arrested, tried, convicted, and as severely punished as any other traitor. At the very least, having done what they always intended to do, even before taking the oath, they are guilty of perjury.

What’s the penalty for that?

Yes, it’s true that the Constitution protects members of Congress, to a limited extent, from arrest and prosecution while they are in office, but that specifically excludes an arrest for treason, breach of the peace, or a felony—all of which any attempt to pass and enforce gun control ( more accurately known as victim disarmament) laws clearly involves. And have they truly, lawfully, been in office if it can be proven that they intended to violate their oath from the beginning? How about the criminal failure even to take the oath that was said to be stylish during certain previous left-wing administrations? I can’t tell you who they are, but their middle names are William Blythe Jefferson Clinton, and Barack Hussein Obama.

The following is long and a little complicated, but it is probably the solution to regaining the liberties we were promised as children, and I implore you to read it carefully—preferably slowly and out loud. Several times. Commit it to memory if you can. The enemies of liberty are hoping that you will not.

“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.”

This statute is Title 18 of the U.S. Code, Section 242, making it the second highest law of the land, after the Bill of Rights. Section 241, which is usually mentioned in the same breath, makes it a crime to conspire with others to commit the same acts. The “whoever” it mentions are the criminals in Congress, the members of state legislatures, of county commissions, of city councils, and of police forces of all kinds who would violate your rights “under color of law”, that is, by passing and enforcing legislation they all know perfectly well to be unconstitutional, null and void at the very moment it was written. My only question is, who the hell do I turn them all in to?

Believe me, I mean to find out.

It may be fairly pointed out that I am not a lawyer, so what the hell do I know? I would counter that these laws—especially the first ten amendments to the Constitution—are mostly written in beautifully plain English and were not penned for lawyers or judges to interpret away. They were written for us, for you and me, the people of the United States of America, by a bunch of guys like Thomas Jefferson and James Madison, who really knew how to twirl a quill. They are our property and not that of slinkers in the political and judicial baseboards.

After considering this situation for several decades, I have come to the conclusion that every single individual ever deprived of his or her rights under these laws should constitute a separate “count” and that the gun-grabbing loonies among us should be sentenced to millions of years in prison and billions of dollars in fines. As I once put it: “Hillary Behind Bars”.

“What prison?”, I pretend to hear you ask. For many years I have insisted that Alcatraz Island is too good to waste on tourists, tree-hugging flower children, or protesting Naive Americans. It was once the most formidable lock-up in the federal system, housing the worst villains Franklin Roosevelt’s Administration ever managed to spawn. And it could be once again, perhaps even better—or worse, depending on your point of view.

Click on over, if you haven’t already, to

to see what I mean, In a chapter to come of Rosalie’s World, my latest novel (it will be my fortieth), which I call “Pelican Shadows” I describe what a modern Alcatraz would look like and how it would operate, through the eyes of a former inmate who served a twenty-five year term there. It was a great deal of fun to write. As a chronicler of the future (who predicted, among other things, the Internet, computer-aided forensics, the popularity of .40 caliber weapons, and the collapse of the Soviet Union ten years before it happened), that’s my job.

She may seem familiar.



L. Neil Smith

Award-winning writer L. Neil Smith is Publisher and Senior Columnist of L. Neil Smith’s The Libertarian Enterprise and author of over thirty books. Look him up on Google, Wikipedia, and He is available at professional rates, to write for your organization, event, or publication, fiercely defending your rights, as he has done since the mid-60s. His writings (and e-mail address) may be found at L. Neil Smith’s The Libertarian Enterprise, at or at Patreon. His many books and those of other pro-gun libertarians may be found (and ordered) at L. Neil Smith’s THE LIBERTARIAN ENTERPRISE “Free Radical Book Store” The preceding essay was originally prepared for and appeared in L. Neil Smith’s THE LIBERTARIAN ENTERPRISE. If you like what you’ve seen and want to see more, he says. ”Don’t applaud, throw money.“

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