Accordingly, the legislature proposes that Article 1, Section 24 of the Wyoming Constitution be replaced with the following language:
No state, county, or city representative, officer, agent, employee, or functionary, may deny, infringe, regulate, or tax the absolute right of the people, in either their individual or collective militia capacities, to purchase, own, convey, carry, train with, and use weapons and their accoutrements. Any act or order which would, directly or indirectly, or under any guise or pretense, deny, infringe, regulate, or tax this cornerstone right is null and void at moment of passage, and may lawfully be, without pain of prosecution, ignored, or, if deemed necessary by the people or any of them, forcibly resisted.
"Point Three. The legislature proposes that Article 1, Section 28 of the Wyoming Constitution be replaced with the following language: "No tax shall be imposed or increased without the consent of a three-fourth majority of electors in a preceding general election." This means that you the people must overwhelmingly approve any new tax or rate hike. No longer will representatives be able to impose or increase taxes at their whim.
"Point Four. No longer will we be the first generation to drive slower than our parents. We follow the lead of our neighbor state Montana in the matter of daytime highway speed limits — 'Reasonable and prudent.' While the enforcement judgment of what is 'reasonable and prudent' will be up to the police officer, as long as the road and traffic conditions allow, a competent driver should have no problem enjoying a capable machine at triple-digit speeds in good weather. It used to be done in Germany, before the EC became too powerful.
"Point Five. We fully recognize your Sixth Amendment right to a speedy and public jury trial in 'all criminal prosecutions.' In our view, 'all' means exactly that — all. Therefore, we heartily repudiate the Supreme Court's Blanton doctrine4, which is classic Animal Farm 'except-for' jurisprudence. In Wyoming, your right in any criminal case to a jury trial by twelve peers is guaranteed in full, including a unanimous verdict to convict. Accordingly, the legislature has proposed that Article 1, Section 9 of the Wyoming Constitution be so amended.
"Point Six. The real purpose of a jury trial is to try the law before the community. The Fully Informed Jury Amendment simply codifies what Americans well understood before the Civil War and reinstitutes the most important "check and balance" on the government. FIJA is hereby passed by the legislature not only as a bill, but as a proposed constitutional amendment. It reads:
An accused or aggrieved party's rights to trial by jury, in all instances where the government or any of its agencies is an opposing party, includes the right to inform the jurors of their power to judge the law as well as the evidence, and to vote on the verdict according to conscience.
This right shall not be infringed by any statute, juror oath, court order, or procedure or practice of the court, including the use of any method of jury selection which could preclude or limit the impanelment of jurors willing to exercise this power.
Nor shall this right be infringed by preventing any party to the trial, once the jurors have been informed of their powers, from presenting arguments to the jury which may pertain to issues of law and conscience, including (1) the merit, intent, constitutionality or applicability of the law in the instant case; (2) the motives, moral perspective, or circumstances of the accused or aggrieved party; (3) the degree and direction of guilt or actual harm done; or (4) the sanctions which may be applied to the losing party.
Failure to allow the accused or aggrieved party or counsel for that party to so inform the jury shall be grounds for mistrial and another trial by jury.
"Point Seven. We repudiate the Socialist doctrine of the State owning our children. We believe that you the parents own your children. Therefore, the legislature has proposed the Parental Rights Amendment:
The right of parents to direct the upbringing and education of their children shall not be infringed.
The legislature shall have power to enforce, by appropriate legislation, the provisions of this article.
"Point Eight. Most civilized countries have a 'loser pays' civil court system, and Wyoming will lead the way in America. In our state civil courts regarding cases exceeding $1,000, the petitioner shall be required, if duly demanded by the defendant, to post a bond for the defendant's reasonably expected costs and attorney's fees. If the petitioner prevails, then the defendant shall pay the petitioner's bond premium, costs, and attorney's fees. No more 'contingency fee' nuisance lawsuits in Wyoming!
"Point Nine. No purpose of government — state, local, or federal — is so compelling as to justify the homelessness of its Citizens over tax bills. The ad valorem property tax has become a disguised form of cruel tenancy to extort endless bond issues by threat of eviction. Accordingly, the legislature proposes to amend the Article 19, Section 9 of Wyoming Constitution by striking out 'for taxes' regarding forced sales. Meanwhile, I have halted all evictions from and forced sales of homesteads for nonpayment of state taxes.
"Point Ten. The legislature proposes that Article 20, Section 1 of the Wyoming Constitution be amended with the following language:
Any amendment or amendments to this constitution may be proposed by either a popular referendum signed by at least twenty thousand (20,000) electors, or in either branch of the legislature..., and it shall be the duty of the legislature to submit such amendment or amendments to the electors of the state at the next general election, or at the next special election convened by the governor, which shall in any event take place within one hundred and eighty (180) days of the referendum or passage by both houses.
"This will allow the people to directly propose constitutional amendments beneficial to their liberty, and thus no longer be held constitutional hostage by a legislature loath to relinquish its power.
"With these Ten Points we are well on our way to restoring some of your many rights long ago eroded by government. All responsible adults are now free to: be armed anywhere and anyhow without permission, travel in their car as fast as is reasonable and prudent, enjoy full rights of a jury trial with twelve fully informed jurors, directly control all proposed new taxes, no longer be subjected to nuisance lawsuits, raise and educate their children as they see fit, be free from eviction for unpaid taxes, and directly propose new constitutional amendments without approval of the legislature.
"Let me and your representatives hear from you on what you would like us to consider next. Folks, the only valid purpose of government is to uphold the rights of its Citizens. Anything else is your affair!
"And this is only a beginning! Remember, Freedom is always unfinished business."
Washington, D.C. FBIHQ
February 2015
In a macabre amalgam of professionalism and morbid curiosity, the Bureau braces itself for news of "The Leopard's" next victim. They have not long to wait.
The fact is that the average man's love of libety is nine-tenths imaginary, exactly like his love of sense, justice and truth. He is not actually happy when free; his is uncomfortable, a bit alarmed, and intolerably lonely. Liberty is not a thing for the great masses men. It is the exclusive possession of a small and disreputable minority, like knowledge, courage and honor. It takes a special sort of man to understand and enjoy liberty — and he is usually an outlaw in democratic societies.
— H.L. Mencken, 12 February 1923, Baltimore Evening Sun
All progress has resulted from people who took unpopular positions.
— Adlai Stevenson
Wyoming
February 2015
James Preston quickly becomes known for his eccentric style and schedule. Much of it he gleaned from maverick Minnesota Governor Jesse Ventura, such as his monthly bus tours to different parts of the state and his 11P AM -1P PM Thursday radio show "Lunch With the Governor" (91.9FM from Laramie with statewide repeaters).
Preston reserves Sundays totally for his family, enjoying afternoon outings following church, and taking no official phone calls or visits.
With
the media Preston discusses only policy, and avoids all personal questions (except during his radio show). He is a man of clear demarcations, rigorously enforced. After a few weeks, everyone understands this and works around it. The Wyoming people have regular access to their governor, and the Prestons never feel as though they've lost their father to a political vortex.
Washington, D.C. FBIHQ
February 2015
Director Klein does not want to make this call to the President. "The Leopard" has struck for the fourth time — right on schedule on the second Tuesday in February of an odd-numbered year — as if to mock the world's most prestigious law enforcement agency.
"Mr. President, I'm afraid we have some bad news," ventures Klein. He hears Connor sigh heavily, then say, "What is it, Paul?"
The Director pauses involuntarily, knowing what is to come. "Julius Harquist was just found dead. I'm very sorry, sir."
Klein can actually feel the silent rage over the secure phone line. "When? How? " demands the President.
"He failed to check in with his Secret Service protection detail this morning. They just called me five minutes ago."
Connor says, "Julius always did find personal security beneath him. I heard Kissinger felt the same way. What is it about Secretaries of State? Anyway, Paul, what happened?"
"Sir, we're almost positive that it was the same man who first acted back in 2009. Judge Judge Gray's abductor." The President says in a steely tone, "Paulwhat . . . happened? "
Klein closes his eyes as he grimaces. "Secretary Harquist was choked to death. With his own book."
"What? Choked? " Connor exclaims.
"Yes, sir. About a dozen pages had been torn out of The Gaian Convergence, crumpled, and then crammed down his throat. It wasn't pretty."
Washington, D.C.
February 2015
Annual Governor's Association Conference
Of the 50 states, only Wyoming had anything interesting to report. Preston's 10 Points were the talk of the town. Few believed that the seven proposed constitutional amendments would be ratified by Wyomingites, even though popular support seemed strong. They were simply too radical to be taken "seriously."
At the White House dinner President Connor condescended to make just one remark, and a very dry one at that. "Governor, you're in the 'driver's seat' now. Good luck in keeping out of the ditches."
Preston whispered to his wife, "See? I told you he'd like me!"
New York Governor Conan O'Brian sought out his Wyoming counterpart to offer advice: "If you stand on principle, you don't go anywhere!"
Preston retorted, "Conan, when you stand on principle, you don't have to go anywhere because you're always where you should be."
The famous O'Brian wit had no snappy comeback for this.
Preston particularly enjoyed discussing politics with Gov. Louis Drake of Alaska, a libertarian elected under the Republican ticket.
"Liberal Democrats are not the problem," Preston declares.
"They're not?" says Drake.
"No, not really. In any political society you'll find two general camps: those who work for a living and those who would rather vote for a living. Apparently it's human nature. So, we will always have Liberal Democrats, or some ghastly equivalent. But they are not truly the problem."
Drake says, "Why not, if they are opposed to free-markets, honest politics, and personal responsibility?"
"Because political animals and their supporters are a given, a human constant. They are an eternal force to be resisted, like gravity or atmospheric pressure. Givens are not worth talking about. Simply transcend them and go on with life."
"I don't understand... Then who are the problem?"
"Our friends and colleagues and fellow travelers, of course."
Drake is stunned. "What? "
"Look, enemies are generally a given. One can make solid calculations about them and render them moot, if not defeat them. Bad people are not the trouble. Allies, however, are the real unknown variable here. The reason why mankind rarely enjoys any lasting freedom is because good people refuse to remain effective. They avoid the courage and vigilance demanded by the struggle. They merely remain 'good enough' to get by in life without having to sink to outright theft and murder. While any display of goodness is welcome, diluted goodness is not sufficient to displace evil."
Drake slowly nods and says, "It's a stringent position, but I can't see much to disagree with there."
Preston says, "Think of it this way: if you've ever had an infection and were prescribed an antibiotic, what did your doctor impress upon you?"
Drake thinks for a moment and replies, "To take the entire prescription? Not to stop after you're feeling better?"
"Exactly! Or, in other words, to see the battle through. If you don't, the remaining bacterial colonies increase their immunity. They will lay dormant as they gather strength to return twice as powerful. Conservatives never truly bore down in the fight against domestic socialism. They only wanted to relieve themselves of the symptoms. They merely took aspirin for the brain tumor of liberalism. The Reagan years were the prime example of this. Four years later they got Clinton. So, evil people aren't the problem. Wimpy good people are. Such as Republicans who won't go whole hog and embrace Libertarianism."
"What do you mean?" Drake says.
"What I mean is that Republicans are not comfortable with more than half the story or huge amounts of freedom. They never have been. Republicans quote the Federalist papers, but rarely the Antifederalist Papers. Republicans tolerate handguns — if they're concealed like some embarrassing family secret — but battle rifles, and their historical purpose for controlling bad governments, make them nervous."
"Boy, that's true!" Drake agrees.
"Republicans support conceal-carry permits but not Vermont-style carry where no permit is required. You personally found out about this when you were in the Alaskan legislature back in 2003 during the passage of your own Vermont-style carry."
"Yeah, I sure did, Jim. Con Bunde, a Republican from Anchorage, just couldn't see his way into trusting the common folk. He was more worried about the so-called 'court of public opinion' than our constitutional rights!"
Preston says, "A pretty typical response, I'd bet. Republicans back the NRA, but not the "radical" GOA or JPFO. Republicans want school vouchers, but not the dismantling of government education. Republicans send their children to private schools rather than home-school. Republicans have no problem with their coffee, alcohol, and tobacco, but pot is evil —hence they eagerly back the War on (Some) Drugs. Republicans seek to partially privatize Social Security, but they will not admit that the entire program was a fraud from the beginning and close it down. Republicans don't demand that income taxes be eliminated, but merely replaced with a flat tax. Or if eliminated, then replaced with a 'revenue-equivalent' national sales tax."
Drake is nodding stonily, deep in thought.
Preston wraps it up. "All these things aren't even half measures, they're more like tenth measures. They're barely enough to postpone totalitarianism for their grandchildren. Gutless. They know better, but they just don't have the courage. That is the primary trouble with conservatives."
"Gee, now I'm ashamed to have run under the GOP, Jim!" Drake says. Preston smiles at the Alaskan governor and replies, "Louis, I know you're a better man than to sell out your principles to the party machine. If you lead, the Alaskan people will follow. It's why they elected you, regardless of the party banner. Just do what you know is right and you'll never cheat the man in the glass."
Drake guffaws loudly, surprising Preston. "You know that poem too! It's one of my favorites!"
With a laughing start, they recite it in unison:
When you get what you want in your struggle for self
And the world makes you king for a day,
Just go to a mirror and look at yourself
And see what that man has to say.
For it isn't your father or mother or wife
Whose judgment upon you must pass,
The fellow whose verdict counts most in your life
Is the one staring back from the glass.
Some people might think you're a straight-shootin' chum
And call you a wonderful guy.
But the man in the glass says you're only a bum
If you can't look him straight in the eye.
He's the fellow to please, never mind all the rest
For he's the with you clear to the end.
And you have passed your most dangerous test
If the guy in the glass is your friend.
You may fool the whole world down the pathway of years
And get pats on the back as you pass,
But your final reward will be heartache and tears
If you've cheated the man in the glass.
When they finish, they become acutely aware of the silence at their table. Drake looks around and says, "Heard that one before?" Preston has to turn away to keep from laughing. He knows he has a comrade in Juneau.
Wyoming
March-April 2015
The Fully Informed Jury Amendment required the most effort to educate the public. Preston devoted much time to FIJA on his Thursday two-hour radio shows. He patiently explained that fully informed jurors had been the norm during the beginning of the American Republic, but that this right had been whittled away by judges and prosecutors. It was Preston's intention to bring it back in an overall process he called "reverse gradualism."
Fortunately, many Wyomingites had at least heard of the concept because of publicity from neighboring South Dakota where it had been on the ballot since 2002:
Laws are meant to promote harmony in society. When laws make sense, they do promote harmony.
Molon Labe! Page 36
