Latest Articles: U.S. Constitution
Police Officer Attempts To Set Record For Most Constitutional Violations In A Single Traffic Stop
Post Date: 2016-04-19 08:35:09 by Deckard
from the and-all-with-his-own-camera-rolling dept Here we go: three invasive searches -- each more invasive then the one preceding it -- without even the slightest shred of the Fourth Amendment intact by the end of it. Radley Balko has the details. Heres what happened: Lakeya Hicks and Elijah Pontoon were in Hickss car just a couple of blocks from downtown Aiken when they were pulled over by Officer Chris Medlin of the Aiken Department of Public Safety. Hicks was driving. She had recently purchased the car, so it still had temporary tags.In the video, Medlin asks Hicks to get out, then tells her that he stopped her because of the paper tag on her car. This already ...
The Time Ted Cruz Defended a Ban on Dildos [Full Thread]
Post Date: 2016-04-13 09:17:02 by Willie Green
His legal team argued there was no right "to stimulate one's genitals." In one chapter of his campaign book, A Time for Truth, Sen. Ted Cruz proudly chronicles his days as a Texas solicitor general, a post he held from 2003 to 2008. Bolstering his conservative cred, the Republican presidential candidate notes that during his stint as the state's chief lawyer before the Supreme Court and federal and state appellate courts, he defended the inclusion of "under God" in the Pledge of Allegiance, the display of the Ten Commandments on the grounds of the state capitol, a congressional redistricting plan that assisted Republicans, a restrictive voter identification law, ...
Court strikes down Wisconsin right-to-work law
Post Date: 2016-04-12 06:39:56 by Tooconservative
Wisconsin's right-to-work law, championed by Republican Gov. Scott Walker as he was mounting his run for president, was struck down Friday as violating the state constitution. Attorney General Brad Schimel, also a Republican, promised to appeal the decision and said he was confident it would not stand, noting that no similar law has been struck down in any other state. Schimel has not decided whether to seek an immediate suspension of the ruling while the appeal is pending, spokesman Johnny Koremenos said. "We are confident Wisconsin's freedom-to-work law is constitutional and will ultimately be upheld," Walker wrote on Twitter. Three unions filed the lawsuit last year ...
Obama Could Try to Appoint Garland Without Senate Vote
Post Date: 2016-04-11 18:13:03 by cranky
As President Barack Obamas efforts to pressure Senate Republicans to confirm Merrick Garlands nomination to the Supreme Court fail, liberal White House allies are floating a trial balloon of installing Garland on the Supreme Court without Senate confirmation. Democratic bravado at being able to break Republican resolve over Obamas Supreme Court pick has proven to be nothing but bluster. White House allies spent millions of dollars and made a full-court press for three weeks, which Sen. Chuck Schumer had confidently claimed would break Senate Republicans and force confirmation of Garland, who currently serves on the U.S. Court of Appeals for the D.C. Circuit. Yet ...
Justice Thomas Asks: Why Are Second Amendment Rights So Easily Taken Away?
Post Date: 2016-04-02 20:39:54 by Hondo68
Supreme Court Justice Clarence Thomas speak[s] truth to power on gun rights, but unfortunately power couldnt care less. (Susan Walsh-Pool/Getty Images)Supreme Court Justice Clarence Thomas is known for his silence during oral arguments. He has explained that he doesnt think he learns much about a case that hasnt already been covered in the briefs for the contending parties plus the numerous amicus briefs that explore many more aspects of the case. He prefers to listen and allow the lawyers to argue without further interruption. Justice Thomas had not asked a question during oral arguments since 2006 when, during the arguments in Voisine v. United States on ...
Justices asked to rule that racial bias trumps jury secrecy
Post Date: 2016-04-02 11:12:26 by cranky
The American jury room is a bit like Las Vegas: What happens there is supposed to stay there. But a Supreme Court appeal from a Hispanic defendant in Colorado raises the prospect that a juror's comments during deliberations can be so offensive that they deprive a defendant of a fair trial. The justices could say as early as Monday whether they will take up a case in the fall involving competing tenets of the legal system: a defendant's constitutional right to trial by an impartial jury, and the need for secrecy in jury deliberations. After a jury convicted Miguel Angel Pena Rodriguez of attempted sexual assault involving teenage sisters at a Denver-area horse race track, two ...
Why should Turkish cleric Fethullah Gülen operate charter schools on U.S. Military bases?
Post Date: 2016-03-31 11:35:56 by nativist nationalist
A secretive Islamic movement is trying to infiltrate the U.S. military by establishing and operating publicly-funded charter schools targeted toward children of American service personnel. That charge may sound like a conspiracy theory from the lunatic fringe, but it is real and it is happening right now. The most immediate threat is in Nevada, where Coral Academy of Science Las Vegas (CASLV) is currently negotiating with the United States Air Force to locate a charter school at Nellis Air Force Base, with classes starting this fall. What is not widely known is that CASLV is part of a nationwide organization of charter schools and other businesses headed by Islamic cleric Fethullah ...
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
Judicial Supremacy Has Its Limits The Courts 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 Scotts defense of slavery) to the courageous (Brown v. Board of Educations condemnation of segregation). But these views mistake the Courts 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
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
Faith and Freedom with Liberty Counsels Mat Staver and BarbWires 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. Theres 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 youve posted things. Weve presented information and press releases regarding this case. And its ...
FIFTEEN PRINCIPLES WHICH MAKE FOR GOOD AND PROPER GOVERNMENT
Post Date: 2016-03-21 15:16:03 by tpaine
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
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
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
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. Robertss order came despite his courts 5-4 decision last year ruling that the Environmental Protection Agencys (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 Courts recent unprecedented decision to halt the EPAs carbon dioxide rule for power plants in asking the court to live up to its ruling last year and block the regulations enforcement. Unless this court stays ...
NY Judge To Hear Case On Cruz Eligibility
Post Date: 2016-02-29 18:23:40 by cranky
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 isnt 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
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 Alitos 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
On Friday, the Kansas Supreme Court ruled the states 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 states 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 states 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
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 Scalias 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
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
The debate about gun rights sparked by President Obamas 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 theLaws of Nature and of Natures 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
Who Would Donald Trump Appoint to the Supreme Court? By Frank Cannon 12.23.15 Donald Trump says a lot of things. Weve become all too used to that now. Some of these things should probably be taken with a grain of salt Only Rosie ODonnell comes to mind but some deserve to be analyzed more closely. Heres an example. Remember Trumps discussion about Supreme Court Justices back in August with Bloomberg Politics? Mark Halperin asked Trump, Is there someone out there today who isnt on the [Supreme Court], but say, this is the kind of person I would consider for the court? How about your sister? Think shed 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
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 EPAs 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
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
In a surprise move, the U.S. Supreme Court called an abrupt halt to President Obamas sweeping power plant regulations, dealing a blow to the administrations plan to combat global warming. In a 5-4 decision released late on Tuesday, the Supreme Court announced a hold on Obamas regulations until current court challenges are concluded. The decision was made along the courts 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
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 ...
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