By Dean Weingarten
Arizona -(Ammoland.com)- It has been seven months since the U.S. Army Corps of Engineers agreed to settle the two Second Amendment cases before the Ninth and Eleventh Circuits, respectively.
The Ninth Circuit case, Elizabeth Nesbitt, et al v. U.S. Army Corps of Engineers, et al, was sent to mediation, for settlement on March 3rd.
The 9th Circuit case was ready for oral argument on March 6. But on March 2, the Corps filed a request to remove the oral argument from the calendar and to put the case into mediation. The motion explained: “The Army Corps of Engineers is reconsidering the firearms policy challenged in this case, as well as plaintiffs’ requests for permission to carry firearms on Army Corps property. This reconsideration has the potential to fully resolve plaintiffs’ objections.”
The Eleventh Circuit case, GeorgiaCarry.Org, Inc., et al v. U.S. Army Corps of Engineers, et al, quickly followed on March 7th.
That indicated a Trump administration willingness to reform the Corps of Engineers regulations to allow for the exercise of Second Amendment rights on land managed by the U.S. Army Corps of Engineers.
The way seemed clear for a quick resolution. A U.S. Government defendant in a Constitutional rights case, does not agree to go to mediation on a whim. Not when they have been vigorously fighting the cases for years. I suspect the Corps is finding ways to drag out the mediation process, hoping that the President Trump administration will go away. Here is what has happened in the Ninth Circuit mediation. The Eleventh Circuit case is still in mediation as well.
The reversal of the Army Corps of Engineers on the exercise of the Second Amendment seemed to be a welcome result of President Trump being elected. Unfortunately, the mediation process has been taking months. There have been six mediation conferences over the last seven months. Settlements can take time to work out. I hope the Army Corps of Engineers is acting in good faith. I have seen too many cases where bureaucrats use process to slow down a policy change they do not agree with.
President Trump has had several successes in reversing the Obama administration's use of executive power to extra-constitutionally implement policy. Reforming the blatant refusal of the Army Corps of Engineers to recognize the Second Amendment should be easier. The Army Corps of Engineers is part of the Army.
President Trump has a lot on his plate. President Trump is also the Commander in Chief. The Army Corps of Engineers Commander, Lieutenant General Todd T. Semonite, is a holdover from the Obama administration. He works directly for President Trump.
Requiring the U.S. Army Corps of Engineers to respect the exercise of Second Amendment rights is something that President Trump can legitimately require. President Trump and General Semonite both took oaths to protect and defend the Constituion of the United States against all enemies, foreign and domestic.
This should be a case of the Trump administration using executive power to protect and defend the Constitution. General Semonite should get on board.
©2017 by Dean Weingarten: Permission to share is granted when this notice is included.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
Somewhat off topic:
way bacy about 50 yrs ago I was in a store in Delta Junction, AK doing some shopping. All of a sudden a CORPSman was standing next to me at the meat counter.
The Corps didnt have a real good reputation at that time. I couldnt resist as I asked “what are you fellows blowing up today?”
The look as we say was priceless.
In the mean time, we are fully within our rights to carry on U.S. Army Corps of Engineers managed lands. I do frequently without issue.
WB,
Your remarks are all that needs to be understood. Sadly, there are few Americans who subscribe to the truths you express here.
“….shall not be infringed.”
Folks, the US CON-stitution is long dead. Get that through your heads.
@DAN III, I think that people in government think that they can not be forced to abide by the Constitution. So they get away with ignoring it. There are no consequences for robbing a whole population of their civil Rights. The penalty should be public execution.
If the Constitution were dead, then what the bureaucrats, judges, and legislators are doing to deprive We the People of our God given, Bill of Rights enumerated, civil Rights would be ok. But we all know that it is not ok.
Wild Bill.
i TOTALLY AGREE with you on this.
as a combat Marine Vet if i or another Marine or Soldier had of DISOBEYED OUR OATHS we would have been COURT MARTIALED AND SENT TO PRISON, and in a Combat role we could have been EXECUTED.
so why NOT CHEAP SCUM BOTTOM FEEDING POLITICIANS NOT HAVE TO FACE THE SAME IN NOT KEEPING THEIR OATHS AND ESPECIALLY TRYING TO DISARM WE THE PEOPLE.
WB, The CON-stitution is LONG DEAD. Article 1, Section 8, Clause 5….specifically states only the fedgov can “coin” US money. Section 10 denies the states the ability to “coin” their own money. So, how is it this “law” of the CON-stitution was usurped more than 100 years ago by the “Federal Reserve”. Federal Reserve….they ain’t federal and they ain’t got nothing in reserve….the FEDERAL RESERVE is a private, banking cartel controlling United States monetary policy ! Not the CON-gress as specified in the long dead CON-stitution. The 2nd Amendment declares “The right of the people to keep and bear arms… Read more »
Dan, If it is dead, why do you cite to it?
DAN lll You give up that easily? Well that’s your choice l suppose.
David,
“….give up that easily ?”
What the fck does THAT mean ?
What the fck have YOU done to challenge the usurption of your beloved CON-stitution ? Oh, you “vote”, eh ? Hahahahahaha….
I’ve done more by accident to defend the dead CON-stitution than you have on purpose. I will no longer support a corpse. It only needs burial.
Wake up and smell the stench of death David.
@Dan, I believe that David means that the Constitution is still valid. If criminal penalties attached for ignoring the Constitution, as penalties attach for ignoring criminal law or traffic law, then the elites at the top would obey the Constitution or suffer the penalties.
Currently, criminal penalties do not attach for ignoring the Constitution, and that is why judges, bureaucrats, and legislators get away with ignoring the Constitution.
The resolution to this is for the Commander-in-Chief to order his subordinates, at the Corps of Engineers, through the chain of command to adopt a policy that he, the CINC, writes for them. Then order those same subordinates to with draw their legal positions and move for dismissal. The Commander orders… the subordinates carry it out. End of story.
Succinct and to the point. I like it. Now it someone will just patch that through to POTUS we’ll be on our way to other matters 🙂
WB,
How about this….the US Army Corps of (Criminals) Engineers just comply with the CON-stitution ?
Simple, huh ?
No, Dan, just because the Army Corps of Engineers Commander, Lieutenant General Todd T. Semonite ignores the Constitution does not mean the Constitution is dead. If LTG Semonite ignored the directions on a can of Campbells soup, one would not say that the soup directions are dead. When LTG Semonite’s soup did not turn out right, one would say LTG Semonite is an idiot. Semonite is the commander of the CE because he has expertise in engineering, not because he is a Constitutional expert. Trump is his direct commander. Trump could solve this whole thing with a ten minute phone… Read more »
What part of “…keep and BEAR arms…” do these people not understand? ‘Bear’, in this case, has nothing to do with the grizzly or polar varieties! This is especially shameful, as while I wasn’t in the Corp of Engineers, I vividly recall taking some form of oath when I joined the Army that had something in it about defending the Constitution…
@Harold, Every branch of government is ignoring the Constituion. Government can not grow unless they ignore the Constitution. The courts tell us that no one can understand the Constitution unless and until WE till you what it means. Thus government has an excuse for ignoring the Constitution. There is profit in regulating people. There is no profit in obeying the Constitution and letting us be free men.
WB,
Your remarks are all that needs to be understood. Sadly, there are few Americans who subscribe to the truths you express here.
Then I would direct you to the preamble of the Declaration of Independence, which I have taken the liberty of giving you the most apt point to your statement – “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and… Read more »
VE Veteran, Here is the problem with your synopsis….one Man, one Patriot cannot do as you describe. The Founding Fathers were organized into a colonial body, a congress, with the ability to declare and take the actions you reference. They were organized for YEARS before they executed the Declaration. How prepared are you to spend every waking moment in what is left of your life, to be an organizer, a Patrick Henry. Ranting here online is good for your soul. However, in the scheme of tyranny foistered upon us by our politicians and fellow citizens, your anger and ranting here… Read more »
I’ve already taken other steps about 5 to 6 years ago. I’ve been watching the gummint longer than you I’ll wager, and have seen and been looking for actions to take. I’ve been on the forefront of the 2nd Amendment fight for over 20 years now. Please, don’t tell me what you perceive because you’re wrong about me and my actions. In fact my Father was in on the ground floor of the anti tax movement back in 1979, so I’ve watched what has been going on for years. “Oh Johnny … Ah’m sorry … Ah forgot you were theyah.… Read more »