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Donhamrick
Joined February 4, 2008
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:''This article is about Don Hamrick, an [[United_States_Senate_election_in_Arkansas%2C_2008|independent candidate for United States Senator from Arkansas]]. '' For more information on Don Hamrick's six years of federal litigation over the Second Amendment right to keep and bear arms as an unrepresented civil plaintiff (and ignored by the NRA because his case advocated National Open Carry Handgun as opposed to the NRA's National Reciprocity for Concealed Carry visit his blog at [http://americancommondefencereview.wordpress.com American Common Defence Review].
:''This article is about Don Hamrick, an [[United_States_Senate_election_in_Arkansas%2C_2008|independent candidate for United States Senator from Arkansas]]. '' For more information on Don Hamrick's six years of federal litigation over the Second Amendment right to keep and bear arms as an unrepresented civil plaintiff (and ignored by the NRA because his case advocated National Open Carry Handgun as opposed to the NRA's National Reciprocity for Concealed Carry visit his blog at [http://americancommondefencereview.wordpress.com American Common Defence Review].
[[Image:Don Hamrick.jpg|right]]
[[Image:Don Hamrick.jpg|right|thumb]]
{{Infobox Senator
{{Infobox Senator
| name=Don Hamrick/KI5SS
| name=Don Hamrick/KI5SS
| nationality=American
| nationality=American
| image name=Don-Hamrick-wearing-suit-33.jpg
| image name=Image:Don Hamrick.jpg
| state=[[Arkansas]]
| state=[[Arkansas]]
| party=Independent Candidate
| party=Independent Candidate
==Campaign Issues==
==Campaign Issues==
===No Right to Redress under the First Amendment===
===No Right to Redress under the First Amendment===
*These scholars [referring to Law Review authors] note that the Petition Clause by its terms refers only to a right "to petition"; it does not also refer to a right to response or official consideration. [http://pacer.cadc.uscourts.gov/docs/common/opinions/200705/05-5359a.pdf We the People v. United States, DC Circuit, No. 05-5359](Pg.9).
[[Image:Public_and_Private_Bills_1947-2007.jpg|center]]
[[Image:Public_and_Private_Bills_1947-2007.jpg|center]]
===No Right to Police Protection===
===No Right to Police Protection===
*''South'' v. ''Maryland'', 59 U.S. (How.) 396, 15 L.Ed.433 (1856) (the U.S. Supreme Court ruled that local law-enforcement had no duty to protect individuals, but only a general duty to enforce the laws.)
*''DeShaney'' v. ''Winnebago County Department of Social Services'', 489 U.S. 189, 109 S.Ct. 998, 1989 (1989) (There is no merit to petitioner's contention that the State's knowledge of his danger and expressions of willingness to protect him against that danger established a "special relationship" giving rise to an affirmative constitutional duty to protect. While certain "special relationships" created or assumed by the State with respect to particular individuals may give rise to an affirmative duty, enforceable through the Due Process Clause, to provide adequate protection, see ''Estelle'' v. ''Gamble'', 429 U.S. 97; ''Youngberg'' v. ''Romeo'', 457 U.S. 307, the affirmative duty to protect arises not from the State's knowledge of the individual's predicament or from its expressions of intent to help him, but from the limitations which it has imposed on his freedom to act on his own behalf, through imprisonment, institutionalization, or other similar restraint of personal liberty.)
*''Bowers'' v. ''Devito'', 686 F.2d 616 (7th Cir. 1982) (There is no constitutional right to be protected by the state against being murdered by criminals or madmen. It is monstrous if the state fails to protect its residents against such predators but it does not violate the due process clause of the Fourteenth Amendment, or, we suppose, any other provision of the Constitution. The Constitution is a charter of negative liberties; it tells the state to let the people alone; it does not require the federal government or the state to provide services, even so elementary a service as maintaining law and order.)
*''Town of Castle Rock, Colorado'' v. ''Jessica Gonzales, individually and a next best friend of her deceased minor children, Gonzales, et al''. No. 04-278 (125 S.Ct. 2796) (June 27, 2005). On December 27, 2005 this case was appealed to the international tribunal, [http://www.cidh.org/annualrep/2007eng/USA1490.05eng.htm ''Jessica Gonzales'' v ''United States,''] Inter-American Commission on Human Rights (IACHR) in Washington, DC. On July 24, 2007 the IACHR declared the claims in Jessica Lenahan's (formerly Gonzales) Petition No. 1490-05 in [http://www.cidh.org/annualrep/2007eng/USA1490.05eng.htm IACHR Report No. 52/07], to be admissible in respect to Articles I, II, V, VI, VII, XVIII and XXIV of the American Declaration of the Rights and Duties of Man.
*''Don Hamrick'' v ''United State'', Petition No. 1142-06. Hamrick's case is designed to provide the countermeasure to the No Right to Police Proctection Doctrine of the U.S. Supreme Court. Hamrick's Petition is still in the investigative state at the IACHR.
===The Human Rights Amendment to the U.S. Constitution===
===The Human Rights Amendment to the U.S. Constitution===
*The Human Rights Amendment the Don Hamrick proposes incorporates human rights clauses from constitutions of other nations all over the world. The Human Rights Amendment preserves the Bill of Rights through citizen participation in the three elements of justice to be known as the '''''Three Shields of Freedom'''''. The Human Rights Amendment is a refortification of the Bill of Rights to the U.S. Constitution and the International Bill of Human Rights elevating the protection of the sovereign rights of the individual, the States, and the United States against incursions by governments foreign and domestic. The text of The Human Rights Amendment shall read proposed:
<blockquote>''“Human rights are created by God and not by Government. Among these are the human right of personal safety, security, and defense of self, family, community, the State, and the United States by force of arms autonomously in a lawful manner proscribed by positive law and social norms or by the militia, whether organized or unorganized in a lawful manner proscribed by positive law against violent crimes, murder, home invasion, and/or governmental tyranny, whether foreign or domestic. The Right of citizens to act in the interest of justice, for equal justice under the law, and for the achievement and the preservation of actual justice, to be known as The Three Shields of Freedom, shall never be trespassed by government, whether foreign or domestic. These rights include the right of citizen’s arrest based upon evidence showing probable cause of felonies committed by government, whether local, state or federal, especially so when such arrest is abdicated by proper law enforcement authorities, whether local, state, or federal. Further included among these human rights is the right to a redress of grievances and a just remedy, whether administrative or judicial, to violations of constitutional rights and human rights, including patterns of behavior maliciously designed to circumvent these rights.”''
<blockquote>''“Human rights are created by God and not by Government. Among these are the human right of personal safety, security, and defense of self, family, community, the State, and the United States by force of arms autonomously in a lawful manner proscribed by positive law and social norms or by the militia, whether organized or unorganized in a lawful manner proscribed by positive law against violent crimes, murder, home invasion, and/or governmental tyranny, whether foreign or domestic. The Right of citizens to act in the interest of justice, for equal justice under the law, and for the achievement and the preservation of actual justice, to be known as The Three Shields of Freedom, shall never be trespassed by government, whether foreign or domestic. These rights include the right of citizen’s arrest based upon evidence showing probable cause of felonies committed by government, whether local, state or federal, especially so when such arrest is abdicated by proper law enforcement authorities, whether local, state, or federal. Further included among these human rights is the right to a redress of grievances and a just remedy, whether administrative or judicial, to violations of constitutional rights and human rights, including patterns of behavior maliciously designed to circumvent these rights.”''
===An Armed Society is a Polite Society===
===An Armed Society is a Polite Society===
[[Image:World_Prison_Population.jpg|right]]
[[Image:World_Prison_Population.jpg|right]]
*Restoring Second Amendment rights will cause a reduction in violent crime. Government must relinquish their monopoly on law and order and return the right of self-determination to the People in matters of personal safety, security, and armed self-defese with the corresponding immunities from liability when acting in self-defense in a similar fashion to the Good Samaritan law. The Government must learn the lesson the increasing gun control laws also increases prison piopulation because gun control laws effectively transfers freedom from law abiding citizens to the criminals being free to commit violent crimes without fear of injury or death from victims.
*The King's College Internatonal Centre for Prison Studies in London, England publishes their annual [http://www.kcl.ac.uk/depsta/rel/icps/world-prison-pop-seventh.pdf World Prison Population List]. In their October 2006, Seventh Edition they show the United States as having the most people in prison per capita than any other nation in the world. The chart below is shows the Prison Population of the Top 15 Counties. The fact that the United States has the most people per capita in prison than any other country in the world says a lot about the conditions of life in the United States as becoming, or already is, a police state. It is a question on whether strict gun control laws invite crime as one of the causes of high prison populations.
===The Civil Defense Must Be Reinstated===
===The Civil Defense Must Be Reinstated===
*Brief Legislative History of Civil Defense (50 U.S.C. § 2251 et. seq.)
# On January 12, 1951: H.R. 9798, The Federal Civil Defense Act of 1950, became Pub.L. 920 (64 Stat. 1228). It authorized a Federal civil defense program.
# On January 12, 1951: H.R. 9798, The Federal Civil Defense Act of 1950, became Pub.L. 920 (64 Stat. 1228). It authorized a Federal civil defense program.
# On August 8, 1958: H.R. 7576 became Pub.L. 85-606 (72 Stat. 532). It amended the Federal Civil Defense Act of 1950 adding the thermonuclear provisions.
# On August 8, 1958: H.R. 7576 became Pub.L. 85-606 (72 Stat. 532). It amended the Federal Civil Defense Act of 1950 adding the thermonuclear provisions.