On June 25, 2013, I posted an article on this blog titled “Psychiatry as a Weapon of Tyranny”; and I pointed out the history behind using an ever broadening definition of mental illness as a way to disarm and ultimately imprison the potential enemies of dictators throughout history. I also pointed out that his technique was being used against American military veterans; and with the IRS now having access to the medical records of all Americans, this type of action would be broadened to include many more U.S. citizens.
Now, Obama has issued two new illegal and unconstitutional Executive Actions on gun control that attempt to codify my predictions into law. The new EAs exempt the states from complying with Federal privacy laws and encourage states to disclose confidential medical information to the FBI so that more people can be placed on the NICS and prohibited from purchasing firearms.
This is despite the fact that in order to legally be placed on the NICS list, an individual must be a convicted felon or legally adjudicated to be mentally ill to the point of being a danger to themselves or others. Obama and the Veterans Administration are already bypassing the legal adjudication process when it comes to veterans, and now with these new EOs will do the same thing to many other Americans.
The Constitutional implications of this are obvious and rampant. First, Obama has violated both Article 1 and Article 2 of the Constitution that establish the balance of powers existing between the Congress and the Executive Branch of government. Under Article 1, the Congress has the exclusive power to pass laws; and Article 2 requires the Executive Branch (the President) to enforce those laws. The President is routinely violating these provisions by choosing which laws to enforce, amending existing laws without congressional approval, and making new laws by Executive Order.
Second, federal laws require the states and the medical community to protect the privacy of individual medical records. This has now been waived by the Obama Executive Orders he had no constitutional authority to issue. This also violates the Fourth Amendment prohibition against illegal searches and seizures.
Third, the Fifth Amendment to the Constitution prohibits the government from depriving citizens of life, liberty, or property without due process of law. By placing veterans and other Americans on the NICS list without a legal adjudication of mental illness causing them to be a danger to themselves or others, they are being denied liberty and property without due process.
Last, but certainly not least, the U.S. Supreme Court has twice ruled that the right to keep and bear arms is an individual right; yet this right is routinely being denied to veterans and other Americans simply because Obama and his minions want all of us to be disarmed. A disarmed population is a population that cannot effectively resist tyranny.
Since Congress has repeatedly refused to pass gun control legislation, Obama is invoking the mental illness card to accomplish the mission. If you have ever told your doctor you have been depressed, ever suffered from PTSD after being in an accident or losing a family member, or even in the past taken certain types of medications for things such as ADD, you may be denied your Second Amendment rights.
The Obama administration has also changed the definition of adjudication of a mental illness from requiring an action by a board, commission, or other lawful authority, to allowing anyone in the VA or other government agency to find someone incompetent or mentally defective.
There is no longer any due process required; and while military veterans are still the primary target, the ultimate goal is the disarming of all Americans. This mirrors the actions of the Nazi party in Germany and other dictatorships that have used alleged mental illness to disarm, imprison, and control their populations.
The groundwork is being laid to have the very act of gun ownership be declared a mental illness. That is why the lawsuits we at the United States Justice Foundation (www.usjf.net) are working on for veterans are so critical. If the efforts of the Obama administration are successful at disarming veterans, the rest of the population will also be vulnerable.
Photo credit: The Knowles Gallery (Creative Commons)