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Latest Articles: U.S. Constitution
Judicial Supremacy Has Its Limits ---- The Court’s decisions are not binding on the executive and congressional branches.
Post Date: 2016-03-27 15:35:30 by tpaine
14 Comments
Judicial Supremacy Has Its Limits The Court’s decisions are not binding on the executive and congressional branches. By John Yoo — July 6, 2015 - National Review ---- the Supreme Court cannot finally determine any fundamental constitutional dispute. Claims of judicial supremacy have appeared before, ranging from the odious (Dred Scott’s defense of slavery) to the courageous (Brown v. Board of Education’s condemnation of segregation). But these views mistake the Court’s right to decide cases or controversies under the Constitution for supremacy in its interpretation. Many of our greatest leaders have understood that, in a self-governing republic, the people and ...
Obama: GOP could break judicial nominations 'beyond repair'
Post Date: 2016-03-25 11:43:43 by IbJensen
3 Comments
WASHINGTON (AP) -- President Barack Obama says Republicans' refusal to consider his Supreme Court nominee will threaten the integrity of the justice system and prove that the judicial nomination process is "beyond repair." In an op-ed in the Houston Chronicle, Obama says the fight is bigger than "a single election." He argues that the election-year blockade could make it impossible for future presidents to install judges on the court. He says that would "betray the vision of our founding." Obama and his Democratic allies are increasingly casting the fight over Judge Merrick Garland as a potential Constitutional crisis. Implicit in that argument is the ...
AL Supreme Court Rejects SCOTUS Opinion on Same-Sex Marriage
Post Date: 2016-03-22 11:15:11 by IbJensen
0 Comments
Faith and Freedom with Liberty Counsel’s Mat Staver and BarbWire’s Matt Barber… An 11-minute weekday radio program discussing hot topics in the area of religious liberty, the sanctity of human life and the family. (Hear radio program at the link) Alabama Supreme Court DID reject the U.S. Supreme Court 5-4 opinion regarding marriage. There’s been some confusion out there with what the media has reported. But in fact, what the Alabama Supreme Court did was clearly reject the legitimacy of the 5-4 opinion from the U.S. Supreme Court. Mat Staver: Matt, I know you’ve posted things. We’ve presented information and press releases regarding this case. And it’s ...
FIFTEEN PRINCIPLES WHICH MAKE FOR GOOD AND PROPER GOVERNMENT
Post Date: 2016-03-21 15:16:03 by tpaine
9 Comments
FIFTEEN PRINCIPLES WHICH MAKE FOR GOOD AND PROPER GOVERNMENT Ezra Taft Benson As an Independent American for constitutional government I declare that: (1) I believe that no people can maintain freedom unless their political institutions are founded upon faith in God and belief in the existence of moral law. (2) I believe that God has endowed men with certain unalienable rights as set forth in the Declaration of Independence and that no legislature and no majority, however great, may morally limit or destroy these; that the sole function of government is to protect life, liberty, and property and anything more than this is usurpation and oppression. (3) I believe that the Constitution ...
The Libertarian Moment Is So Over That Libertarians Are Now The Single Largest Group: Gallup
Post Date: 2016-03-09 18:58:07 by Hondo68
8 Comments
Don't mistake presidential races for broad-based changes in attitudes that will ultimately shape public policy. Yeah, yeah, with the rise of Der Trumper and the ascendance of Ted Cruz to serious candidacy, the Libertarian Moment is deader than Nancy Reagan's dream of a drug-free America. Right? Um, no. In fact, as Cato's David Boaz has pointed out recently, the libertarian electorate is on the rise, according to Gallup's annual Governance survey from last fall. Gallup uses two questions to separate respondents into one of four categories: conservative, liberal, libertarian, and populist. The two questions are: Some people think the government is trying to do too many things ...
West Virginia Supreme Court Shuts Down Random Stops
Post Date: 2016-03-06 15:52:03 by Deckard
1 Comments
Motorists who have done nothing wrong will no longer be pulled over by police in West Virginia. The state's highest court last week overturned the conviction of Matthew Feicht, who was pulled over even though he had committed no traffic violations. Although Feicht's case involves no new question of law, the unanimous decision caused state police officials to stop pulling over drivers randomly so that they could receive various gifts from a police "Santa Stop." When Monongalia County Sheriff's Deputy Deputy Steven McRobie pulled Feicht over on March 15, 2013, he did not intend to give away any prizes. He was looking for a domestic violence suspect, and at 3am, Feicht ...
Chief justice rejects plea to block air pollution rule
Post Date: 2016-03-03 17:28:32 by cranky
2 Comments
Supreme Court Chief Justice John Roberts rejected a plea Thursday to block a contentious air pollution rule for power plants in a big victory for the Obama administration. Roberts’s order came despite his court’s 5-4 decision last year ruling that the Environmental Protection Agency’s (EPA) regulation, known as the Mercury and Air Toxics Standards, is illegal. Michigan led a group of 20 states last month — empowered by the Supreme Court’s recent unprecedented decision to halt the EPA’s carbon dioxide rule for power plants — in asking the court to live up to its ruling last year and block the regulation’s enforcement. “Unless this court stays ...
NY Judge To Hear Case On Cruz Eligibility
Post Date: 2016-02-29 18:23:40 by cranky
4 Comments
A New York Judge will hear arguments Tuesday on a lawsuit challenging Republican presidential candidate Sen. Ted Cruz (R-TX)’s eligibility for president. According to Newsday:State Supreme Court Justice David Weinstein is considering the claim by two men who say Cruz isn’t “a natural born citizen” of the United States as constitutionally required for eligibility. Cruz was born in Alberta, Canada, though his mother was a U.S. citizen living there. His father was a native of Cuba. Barry Korman and William Gallo argue that in American common law citizenship status cannot simply pass from parent to child.
SCOTUS: Justice Thomas Breaks 10-Year Silence ( on gun case)
Post Date: 2016-02-29 16:23:22 by tpaine
0 Comments
Townhall.com logo FEBRUARY 29, 2016 SCOTUS: Justice Thomas Breaks 10-Year Silence Matt Vespa 2/29/2016 12:51:00 PM - Matt Vespa With the passing of Justice Antonin Scalia, it seems as if Clarence Thomas feels compelled to fill the void left by the outspoken Originalist. Prior to Justice Alito’s confirmation, Justice Thomas and Scalia constituted the core of the conservative win on the Court. Adam Liptak of The New York Times reported that Thomas has remained silent since a 2006 case involving the death penalty. Liptak added that Thomas is self-conscious about his southern dialect, but added that his silence is also part of his personality; Thomas wrote in his memoir that he was ...
State Supreme Court Just Ruled Mandatory DUI Tests are Unconstitutional [Full Thread]
Post Date: 2016-02-27 20:21:10 by Deckard
109 Comments
On Friday, the Kansas Supreme Court ruled the state’s DUI testing refusal law unconstitutional, setting a remarkable precedent concerning forced testing of those suspected of driving under the influence. In a 6-1 ruling, the court decided the state’s law, which had made it a crime to refuse breathalyzer or blood alcohol tests without a court-ordered warrant, is excessive punishment. Those tests, the court found, amounted to searches, and the Kansas law “punishes people for exercising their constitutional right to be free from unreasonable searches and seizures,” reported the Kansas City Star. “In essence, the state’s reasons are not good enough, and its law not ...
Al Franken Tears Into Mitch McConnell On Senate Floor For Being An Unpatriotic Coward
Post Date: 2016-02-26 14:02:57 by Willie Green
22 Comments
Senator Al Franken (D-MN) is a very funny guy. Many people remember Franken as a brilliant comedian on Saturday Night Live, who was best known for his neurotic character Stewart Smalley. However, Franken took to the Senate floor recently to shame Republican Majority Leader Mitch McConnell and Senate Republicans for their brazen, shameless cowardice and disservice to the Constitution. McConnell and Senate Republicans made it clear just hours after former Supreme Court Justice Antonin Scalia’s body went cold, that they would not “move forward” on nominating a replacement while President Obama was sill in office. In fact, that was the first statement McConnell sent via Twitter ...
University of Missouri curators vote to fire Melissa Click (under threat of funding cuts)
Post Date: 2016-02-25 23:53:33 by Hondo68
3 Comments
Screen shot from video by Mark Schierbecker Melissa Click, an assistant professor of mass media at the University of Missouri, demands a journalist leave the Concerned Student 1950 camp area in November. The Missouri Board of Curators voted 4-2 in favor of Click's termination Wednesday during a closed session in Kansas City. Assistant Professor Melissa Click, captured on video calling for “some muscle” to remove reporters from a campus protest site, was fired Wednesday by the University of Missouri Board of Curators, Chairwoman Pam Henrickson said in a prepared statement. The board voted 4-2 in favor of termination during a closed session in Kansas City, with Henrickson ...
Common Misconceptions About Rights
Post Date: 2016-02-16 19:41:53 by Hondo68
24 Comments
The debate about gun rights sparked by President Obama’s recent executive actions and his town hall meeting of January 7, 2016, has brought to light several popular misconceptions, of which the following are some of the more egregious. Misconception #1: Only United States citizens have the right to keep and bear arms, and then only within the borders of the United States. Answer: A right is something everyone has by virtue of their humanity. Rights derive from the“Laws of Nature and of Nature’s God,” as stated in the Declaration of Independence, and predate all governments as the U.S. Supreme Court affirmed in District of Columbia v. Heller (June 2008). The Second ...
Who Would Donald Trump Appoint to the Supreme Court?
Post Date: 2016-02-14 20:15:17 by tpaine
39 Comments
Who Would Donald Trump Appoint to the Supreme Court? By Frank Cannon – 12.23.15 Donald Trump says a lot of things. We’ve become all too used to that now. Some of these things should probably be taken with a grain of salt — “Only Rosie O’Donnell” comes to mind — but some deserve to be analyzed more closely. Here’s an example. Remember Trump’s discussion about Supreme Court Justices back in August with Bloomberg Politics? Mark Halperin asked Trump, “Is there someone out there today who isn’t on the [Supreme Court], but say, this is the kind of person I would consider for the court? How about your sister? Think she’d be a good ...
SCOTUS Stays EPA Clean Power Plan: The Good News And The Bad
Post Date: 2016-02-13 14:12:07 by tpaine
0 Comments
SCOTUS Stays EPA Clean Power Plan: The Good News And The Bad JV DeLong, In August 2015, President Barack Obama announced the first ever limits on U.S. power plant emissions. (JIM WATSON/AFP/Getty Images) The Supreme Court voted 5-4 to stay EPA’s Clean Power Plan (CPP) pending final resolution of the appeals by SCOTUS. The D.C. Circuit had denied a stay in late January, in an order of the “shut up, he explained” style. It said only that “petitioners have not satisfied the stringent requirements for a stay pending court review,” and added a supporting cite to a case of dubious relevance. So the immediate Internet reaction to the SCOTUS decision was one of ...
Drug Dogs Don't Even Have To Be Right Half The Time To Be Considered 'Reliable' By The Courts
Post Date: 2016-02-12 13:00:46 by Deckard
4 Comments
from the good-news,-K9s:-even-if-you-suck-at-your-job,-you-can-keep-your-job dept All in all, this motion to suppress evidence worked out for the plaintiff, but it does little to address concerns that drug dogs are basically blank permission slips for inquisitive cops. The defendant -- Emile Martin -- was in a vehicle driven by another person (simply referred to as "Montgomery" in the opinion). This vehicle crossed the centerline multiple times and was pulled over by Deputy Brandon Williams. The driver could not produce registration or proof of insurance, which led to the issuance of a citation… eventually. But the citation process was unnecessarily prolonged to provide the ...
Supreme Court Puts Hold on Obama’s Green Power Plan
Post Date: 2016-02-10 08:54:51 by cranky
3 Comments
In a surprise move, the U.S. Supreme Court called an abrupt halt to President Obama’s sweeping power plant regulations, dealing a blow to the administration’s plan to combat global warming. In a 5-4 decision released late on Tuesday, the Supreme Court announced a hold on Obama’s regulations until current court challenges are concluded. The decision was made along the court’s left/right divide, with the four liberal judges all voting against the hold. The ruling was a victory for the group of 27 state attorneys general seeking to put a halt to regulations opponents have called “an unprecedented power grab.” The scheme, called the Clean Power Plan, forms the ...
Ted Cruz tries to seize Rand Paul's libertarian mantle
Post Date: 2016-02-04 15:17:45 by Hondo68
11 Comments
Story highlightsTed Cruz is making a play for Rand Paul's libertarian voters"There are a whole bunch of areas that the federal government has no business sticking its nose in," Cruz said WednesdayGoffstown, New Hampshire (CNN)Ted Cruz isn't in Iowa anymore. Gone Wednesday morning was the vow to investigate Planned Parenthood. In was the punch line about the White House tapping your cell phone. The Texas senator, who barnstormed Iowa with a preacher's pitch that carried him to victory Monday, unveiled a new stump speech here that signaled a new profile he will try to build as a government-fearing, gun-hugging outsider who will protect New Hampshire from the evils of ...
Cops Getting Free License Plate Readers In Exchange For 25% Of The 'Take' And All The Driver Data Vigilant Can Slurp
Post Date: 2016-01-29 19:56:58 by Deckard
33 Comments
from the an-equitable-partnership dept What happens when you lower the barriers to entry? More participants join the market. It works everywhere, even when the market is "law enforcement" and the "customers" are everyone else. Vigilant Solutions, one of the country’s largest brokers of vehicle surveillance technology, is offering a hell of a deal to law enforcement agencies in Texas: a whole suite of automated license plate reader (ALPR) equipment and access to the company’s massive databases and analytical tools—and it won’t cost the agency a dime. [...] Vigilant is leveraging H.B. 121, a new Texas law passed in 2015 that allows officers to ...
Anarcho-Tyranny: Police As Guardians Of State Ideology
Post Date: 2016-01-28 14:15:51 by nativist nationalist
0 Comments
For a follow-up to James Kirkpatrick’s post on anarcho-tyranny, try Peter Hitchens’ column on the British police in last Sunday’s Daily Mail. (Translation note: “Plod” is U.K. slang for the police. Mr Plod the policeman is a character in Enid Blyton’s “Noddy” books for children.) The police are too powerful. They are also too feeble. Unless we put both these things right very soon, this will become a very dangerous country. We are all less free than we used to be. We have to be careful what we say, especially if we work in the public sector. We are under constant surveillance, from CCTV cameras, and thanks to snoopers who monitor our calls and ...
NYPD Cops Say First Amendment Ends When They Say So
Post Date: 2016-01-22 07:42:02 by Deckard
4 Comments
“Free speech only goes so far!” an NYPD cop was caught on video saying. “Your First Amendment ends right here!” he added, in the video uploaded to YouTube. The video was recorded by Danny Panzella, who is the founder of New York-based police watchdog group Peaceful Streets Project NYC. The video records a NYPD officer telling the police accountability activist that he would be charged with “disorderly conduct” if he continued recording him. Panzella was with his three-year old son in front of Brooklyn’s Atlantic Center shopping mall. That’s when he saw a taxi driver being harassed by mall security. After a few minutes, three police officers ...
SC lawmaker introduces bill forcing journalists to register with government
Post Date: 2016-01-20 09:10:15 by Willie Green
1 Comments
State Representative Mike Pitts (R) introduced a bill yesterday that would require journalists working in South Carolina to register with the state or face penalties. Although the bill is not yet in final form, a summary has been provided by the lawmaker. , anyone who wants to work as a journalist in South Carolina must register in order to do so. A "responsible journalist registry" would be established and run by the Secretary of State's Office. And of course, those who do register will have to pay a fee. News organizations would be prohibited from hiring anyone unless that person has been approved by the state. And anyone who works as a journalist without having been ...
The Police Stole His House Over $40
Post Date: 2016-01-18 09:47:17 by Deckard
7 Comments
When I was nine years old, I was one of the smallest students in my fourth-grade class. With my small size, not to mention my smart mouth, I attracted more than my share of elementary school bullies. One day, two much larger boys stole my lunch box. I couldn’t fight them off, but noticed a few moments later that they were fighting each other over a handful of homemade chocolate chip cookies my mother had packed in the lunchbox. While they were distracted, I retrieved my lunchbox with everything but the cookies intact. This incident came to mind when I learned a few days ago that the Department of Justice (DOJ) had ended payouts from its “asset forfeiture fund” (AFF) to state ...
We're All Ruth Bader Ginsburg Now
Post Date: 2016-01-16 13:09:03 by cranky
11 Comments
If Ted Cruz is a "natural born citizen," eligible to be president, what was all the fuss about Obama being born in Kenya? No one disputed that Obama's mother was a U.S. Citizen. Cruz was born in Canada to an American citizen mother and an alien father. If he's eligible to be president, then so was Obama -- even if he'd been born in Kenya. As with most constitutional arguments, whether or not Cruz is a "natural born citizen" under the Constitution apparently comes down to whether you support Cruz for president. (Or, for liberals, whether you think U.S. citizenship is a worthless thing that ought to be extended to every person on the planet.) Forgetting ...
Ted Cruz not the only one with a birther challenge (anchor baby Marco Rubio)
Post Date: 2016-01-15 18:47:09 by Hondo68
4 Comments
Washington (CNN)It's not just Sen. Ted Cruz facing birther challenges. Despite Donald Trump's silence on the issue, Sen. Marco Rubio has his own legal challengers.And, Cruz would suggest, Trump himself should be prepared to make his case in court.A federal lawsuit challenging Cruz's eligibility to run for president was filed Thursday, based on the theory espoused by Trump that he may not be a natural-born citizen.But Cruz is not alone -- his fellow Cuban-American presidential candidate and freshman senator is facing similar litigation.The Cruz lawsuit, filed in Texas on Thursday by Newton Boris Schwartz Sr., raises legal uncertainty about whether Cruz qualifies for the ...
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