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Latest Articles: U.S. Constitution
Read Neil Gorsuch’s Epic Dissent in a Case Where a 13-Year-Old Was Arrested for Burping in School
Post Date: 2017-02-03 18:18:46 by Deckard
8 Comments
Trump's Supreme Court pick isn't a fan of stupid teen arrests.Neil Gorsuch, President Trump's pick to replace the late Associate Justice Antonin Scalia on the Supreme Court, once dissented in a ridiculous 10th Circuit Court of Appeals case that involved the arrest of a 13-year-old for burping in school. The majority upheld the school's decision to call the cops and have the teenager arrested for making fake burping noises while in gym class. Gorsuch, however, was not persuaded that the law permitted the state to intervene in such a trivial disciplinary matter. The case was A.M. v. Holmes. According to The Washington Post's summary of the case, a seventh grader ...
CDC Seeks Controversial New Quarantine Powers (72 hrs without approval)
Post Date: 2017-02-02 15:41:58 by Hondo68
11 Comments
CDC Seeks Controversial New Quarantine Powers To Stop Outbreaks Under the old rules, the CDC's authority was primarily limited to detaining travelers entering the U.S. or crossing state lines. With the new rules, the CDC would be able to detain people anywhere in the country, without getting approval from state and local officials. Mark Wilson/Getty Images Federal health officials may be about to get greatly enhanced powers to quarantine people, as part of an ongoing effort to stop outbreaks of dangerous contagious diseases. The new powers are outlined in a set of regulations the Centers for Disease Control and Prevention published late last month to update the agency's ...
Police Unions Head To DC To Ask New President, Attorney General To Stop Making Cops Respect The Constitution
Post Date: 2017-02-01 13:07:47 by Deckard
5 Comments
from the what's-best-for-cops-vs.-what's-best-for-the-nation dept Here it comes -- the exact sort of response Trump was looking for when he issued his "Standing Up for Our Law Enforcement Community" edict during his first couple of days in office. One of the fundamental rights of every American is to live in a safe community. A Trump Administration will empower our law enforcement officers to do their jobs and keep our streets free of crime and violence. The Trump Administration will be a law and order administration. President Trump will honor our men and women in uniform and will support their mission of protecting the public. The dangerous anti-police atmosphere in ...
Liberal nightmare: Trump could appoint half federal judiciary
Post Date: 2017-01-23 17:43:32 by Tooconservative
4 Comments
Liberal nightmare: Trump could appoint half federal judiciaryBallotpedia analysis on federal judicial vacancies should scare liberals Ballotpedia is one of our favorite reference websites. It is like Wikipedia for politics, but more in-depth and reliable. Ballotpedia just released a statistical analysis of federal judicial vacancies as Trump enters office, and likely to become available during his term. That takes on great importance given that Democrats in 2013 busted the filibuster (“went nuclear”) for judicial nominees below the Supreme Court level, and even as to the Supreme Court it’s likely Republicans might go nuclear. So to the extent federal judicial vacancies ...
Is this America? (How We Got To Here)
Post Date: 2017-01-23 08:20:00 by Deckard
1 Comments
America is in trouble because Americans got lazy. Not so much physically but morally. They began to care more about some passing thing than about the things that truly matter; the things that made America unlike other places. Better than other places. Things like principles; the plain meaning of words. The Fourth and Fifth Amendments, especially. Which were (past tense deliberate) laws written to articulate and protect principles that matter. It gradually became more important to – as Thomas More’s character in the play, A Man For All Seasons put it – cut down all the “trees” (laws) that sheltered the individual for the sake of making things easier for the ...
Judge Napolitano for SCOTUS? Meets with Trump [VIDEO]
Post Date: 2017-01-17 13:17:56 by Hondo68
2 Comments
This morning Fox News, who along with other media agencies have been scoping out Trump Tower, spotted Judge Andrew Napolitano entering for a meeting with President Elect Donald Trump. Is this an advisory role or is this what all libertarians are wishing for, a shot at the Supreme Court? Just in: @Judgenap is at #Trump Tower to meet with President-elect @realDonaldTrump. pic.twitter.com/D7vViFUb06 — FOX Business (@FoxBusiness) January 17, 2017 It is not clear at this time. We will provide you with more details as learn them. Poster Comment:After two meetings with Trump he wants to ban cigarettes! He's starting to sound like Nanny Bloomberg and his big gulp ban.
Obama could still force Merrick Garland onto court during ‘intersession recess’
Post Date: 2017-01-02 20:32:20 by cranky
5 Comments
President Obama will have one last chance to force Judge Merrick Garland onto the U.S. Supreme Court on Tuesday — but it’s a legal gamble and one that has so many pitfalls that even those who say he could get away with it believe it isn’t worth the fight. Mr. Obama’s moment will come just before noon, in the five minutes that the Senate gavels the 114th Congress out of session and the time the 115th Congress begins. In those few moments the Senate will go into what’s known as an “intersession recess,” creating one golden moment when the president could test his recess-appointment powers by sending Judge Garland to the high court. A smattering of ...
Trump's Pick For Attorney General A Big Fan Of Civil Asset Forfeiture
Post Date: 2016-12-30 20:42:38 by Deckard
3 Comments
from the status-quo-maintenance dept Efforts to rein in civil forfeiture have been moving forward around the country. Several states have passed laws that remove some of the perverse incentives that have allowed law enforcement agencies to seize cash, cars, homes, and whatever else might be laying around without criminal convictions. Very few efforts have gone as far as to make convictions a requirement in every case, but most have at least closed the federal loophole that allowed agencies to bypass more restrictive state laws to take control of citizens' assets. The federal government's use of asset forfeiture still remains untouched. The equitable sharing program that helped ...
Court Won't Grant Immunity To Officer Who Issued A 'Be On The Lookout' Order On Whistleblowing Cop
Post Date: 2016-12-24 22:04:00 by Deckard
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from the might-as-well-just-say-'shoot-on-sight' dept While law enforcement barrels continue to spoil from the presence of "bad apples," one has to wonder: where are all the good cops? Chances are, they've been chased out of the force to make room for others with faultier moral compasses. In its affirmation [PDF] of the lower court's decision to strip Major Tommy Wheeler of the Douglas County Sheriff's Department of immunity in relation to defamation claims (and deny his motion to dismiss on the rights violation claim), the Eleventh Circuit Court recaps the events that led to this lawsuit. The be-on-the-lookout advisory (“BOLO”) to all law ...
City Passes Ordinance Mandating CCTV Surveillance By Businesses, Including Doctors And Lawyers Offices
Post Date: 2016-12-24 21:58:06 by Deckard
19 Comments
from the taking-the-'private'-out-of-'privately-owned-business' dept Another government has decided to "protect" local businesses by forcing them to install surveillance cameras. All commercial businesses located here will now be required to install and maintain security cameras or face a fine or jail following passage of a new citywide ordinance by the Mayor and Board of Aldermen Tuesday night. “A matter that has been of increasing concern to the board lately is keeping the citizens of Madison safe, as well as the people who come here to visit our stores, through the use of security cameras,” City Attorney John Hedglin said. “It’s very ...
Happy Bill of Rights Day … Are There Any Left?
Post Date: 2016-12-16 10:42:58 by Deckard
3 Comments
Happy Bill of Rights Day! This post explains the liberties guaranteed in the Bill of Rights – the first 10 amendments to the United States Constitution – and provides a scorecard on the extent of the loss of each right. Painting by Anthony Freda: www.AnthonyFreda.comFirst Amendment The 1st Amendment protects speech, religion, assembly and the press: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The freedom of the press is under massive attack in America ...
Is Flag Burning Protected Speech?
Post Date: 2016-12-01 05:21:12 by Deckard
29 Comments
“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion.” — U.S. Supreme Court Justice Robert H. Jackson Is flag burning protected speech? This old issue returned front and center earlier this week after President-Elect Donald Trump tweeted that he found it so reprehensible, it should be criminal. He even suggested a punishment — loss of citizenship or one year in jail. Is the President-Elect correct? Can the government punish acts that accompany the expression of opinions because the government, or the public generally, ...
GOP rep: 'No president is allowed to burn the First Amendment’ [Full Thread]
Post Date: 2016-11-30 19:10:50 by Hondo68
265 Comments
© Greg Nash Rep. Justin Amash (R-Mich.) on Tuesday defended the constitutionality of flag burning, saying President-elect Donald Trump would violate freedom of speech if he cracked down on it."Nobody should burn the American flag, but our Constitution secures our right to do so. No president is allowed to burn the First Amendment," Amash tweeted.Nobody should burn the American flag, but our Constitution secures our right to do so. No president is allowed to burn the First Amendment. https://t.co/nVkq6WcbHV— Justin Amash (@justinamash) November 29, 2016 Trump earlier Tuesday floated severe penalties for flag burning, mentioning loss of citizenship or a year in ...
Legal Scholar: ‘Wildly Inaccurate’ to Accuse Trump of Violating Constitution With His Businesses
Post Date: 2016-11-22 19:10:22 by cranky
0 Comments
On Monday, LawNewz posted an article citing legal experts that said President-elect Donald Trump‘s conflict-of-interest with his hotels and other businesses raise serious impeachment concerns. Several prominent experts have now come forward with similar theories stating that Trump could have an “impeachment issue because you have foreign states basically paying money to the Trump Organization by using their hotels.” These experts base this on an obscure provision of the U.S. Constitution called the “Emoluments Clause,” But, Seth Barrett Tillman, a legal scholar, who has spent 8 years actually studying and writing about this clause, told LawNewz all of these ...
Appeals Court To Cops: If You 'Don't Have Time' For 'Constitutional Bullshit,' You Don't Get Immunity
Post Date: 2016-11-20 14:57:18 by Deckard
22 Comments
from the they're-rights,-not-privileges dept A disabled vet with PTSD accidentally called a suicide prevention hotline when intending to dial the Veterans Crisis Line. Within hours, he was dealing with DC Metro's finest, dispatched to handle an attempted suicide. This brief quote from the DC Circuit Court of Appeals opinion [PDF] -- part of veteran Matthew Corrigan's first conversation with responding officers -- sets the tone for the next several hours of Constitutional violations. The officer who had asked for his key told him: “I don’t have time to play this constitutional bullshit. We’re going to break down your door. You’re going to have to pay for a ...
The passing of CallliiProp. 63 is a violation of Section 1 of the 14th Amendment i
Post Date: 2016-11-14 20:11:21 by tpaine
27 Comments
ll The passing of California bill 63 is a violation of Section 1 of the 14th Amendment. 14th Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Note that the congressional record shows that John Bingham, the main author of Section 1, ...
Clinton-Trump III - D.C. v. Heller [RKBA]
Post Date: 2016-10-20 15:04:32 by nolu chan
0 Comments
Clinton-Trump III - D.C. v. Heller [RKBA] nolu chan October 20, 2016 When asked about Heller, Hillary went off on a rant about toddlers. Heller was not about toddlers. It was about unconstitutional District of Columbia laws "making it a crime to carry an unregistered firearm and prohibiting the registration of handguns." The Court in Heller held: 3. The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District's total ban on handgun possession in the home amounts to a prohibition on an entire class of "arms" that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the ...
Too Many Laws Turn Innocents into Criminals
Post Date: 2016-10-15 12:03:04 by Deckard
40 Comments
America is in the throes of “overcriminalization.”We are making and enforcing far too many criminal laws that create traps for the innocent but unwary, and threaten to turn otherwise respectable, law-abiding citizens into criminals. Consider a few examples from the new book “One Nation Under Arrest”:• A 12-year old girl arrested and handcuffed for eating one French fry on the Washington subway system.• A cancer-ridden grandmother arrested and criminally charged for refusing to trim her hedges the way officials in Palo Alto, Calif., were trying to force her to.• A former high-school science whiz kid sent to prison after initially being ...
Commerce Power: “To Regulate,” not “Prohibit"
Post Date: 2016-09-29 20:50:16 by tpaine
29 Comments
Commerce Power: “To Regulate,” not “Prohibit" In a law review article titled “To Regulate, Not Prohibit: Limiting the Commerce Power,” New York University Law Professor Barry Friedman, and 2011 New York University Law graduate, Genevieve Lakier take on the daunting task of reasserting the historic and genealogical lineage of the Commerce Clause from its inception through the country’s 237 years of existence as a federal republic. This thorough and thoughtful 67 page treatise is broken down into three distinct eras. In the first section, the authors cite numerous uses and misuses of commerce power, including a legal concept allowing the federal ...
After the Republic
Post Date: 2016-09-28 16:19:56 by tpaine
10 Comments
After the Republic By: Angelo M. Codevilla September 27, 2016 Submitver the past half century, the Reagan years notwithstanding, our ruling class’s changing preferences and habits have transformed public and private life in America. As John Marini shows in his essay, “Donald Trump and the American Crisis,” this has resulted in citizens morphing into either this class’s “stakeholders” or its subjects. And, as Publius Decius Mus argues, “America and the West” now are so firmly “on a trajectory toward something very bad” that it is no longer reasonable to hope that “all human outcomes are still possible,” by which he means ...
On Its 229th Birthday, Our Constitution Hangs by a Thread
Post Date: 2016-09-17 20:31:13 by cranky
1 Comments
On this day in 1787, the founders of this nation finished writing a Constitution that in the intervening 229 years has helped make America the greatest nation on earth. When voters go to the polls on Nov. 8, the American people will decide whether that document will continue to serve as the Supreme Law of the Land. America declared its independence from Great Britain in 1776. Then in 1777 the signers of the Declaration adopted the Articles of Confederation, creating a common government that would bind the 13 newly minted states together as a nation, forming a confederation of sovereign states. But it became clear that America would not survive under the Articles. Americans stuck together ...
Coats v. DISH, Colorado APPEALS Court, UPHELD licensed medical marijuana user fired for positive THC test (25 Feb 2013)
Post Date: 2016-09-17 18:08:19 by nolu chan
0 Comments
Coats v. DISH, Colorado APPEALS Court, UPHELD licensed medical marijuana user fired for positive THC test (25 Feb 2013) The trial court order dismissing the Coats suit for failure to state a claim of action may be found at the link below: libertysflame.com/cgi-bin/readart.cgi?ArtNum=47866 The Court of Appeals upheld the trial court's dismissal of the Coats lawsuit. Coats v. DISH, Colorado Ct. App., 2013 COA 62 (25 April 2013) COLORADO COURT OF APPEALS 2013 COA 62 Court of Appeals Nos. 12CA0595 & 12CA1704 Arapahoe County District Court No. 11CV1464 Honorable Elizabeth B. Volz, Judge Brandon Coats, Plaintiff-Appellant, v. Dish Network, L.L.C., Defendant- Appellee. JUDGMENT ...
Brutus #11 - #13 (1788) on the then proposed Constitution
Post Date: 2016-09-16 15:15:37 by nolu chan
1 Comments
Brutus #11 - #13 (1788) on the then proposed Constitution Brutus was an pseudonym, as used by other writers on the proposed Constitution such as Publius who was John Jay, Alexander Hamilton, and James Madison. Brutus was Robert Yates who, along with John Lansing, Jr. and Alexander Hamilton, was a New York delegate to the Constitutional Convention in Philadelphia. Yates was appointed to the New York Supreme Court in 1777 and was an anti-Federalist who opposed the Constitution. Jay, Hamilton, and Madison acted as salesmen for the proposed Constitution, and their sales pitches in the Federalist are often cited and quoted as a sort of gospel regarding the intent of the Framers who were ...
Coats v. DISH, Colorado Trial Court, Case Dismissed, licensed medical marijuana user fired for positive THC test (29 Feb 2012)
Post Date: 2016-09-15 17:47:19 by nolu chan
11 Comments
Brandon Coats v DISH Network, LLC, Dist Ct Arapahoe Cty, CO, 11-CV-1464, ORDER RE DISH NETWORK LLC’S MOTION TO DISMISS (29 Feb 2012) DISTRICT COURT, ARAPAHOE COUNTY STATE OF COLORADO 7325 South Potomac Street Centennial, Colorado 80112 Plaintiff: BRANDON COATS v.Defendant: DISH NETWORK, LLC Case Number: 11-CV-1464 Div. 309 ORDER RE: DISH NETWORK LLC’S MOTION TO DISMISS THIS MATTER comes before the Court on Defendant Dish Network LLC's ("Dish") Motion to Dismiss pursuant to C.R.C.P. Rule 12(b)(5) failure to state a claim. The Court having reviewed the pleadings, file and applicable authorities, hereby Finds and Orders as follows: BACKGROUND On August 12, 2011 ...
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