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Latest Articles: U.S. Constitution

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Supreme Court Rules Cops Can Break the Law to Enforce the Law
Post Date: 2016-06-20 21:03:50 by Deckard
14 Comments
By Matt Agorist In another devastating blow to the 4th Amendment, on Monday, the Supreme Court ruled that evidence of an alleged crime can be used against a defendant even if police did something inappropriate or even illegal to obtain it. In a split 5-3 decision, the justices voted to reinstate the drug-related convictions of Joseph Edward Strieff. In the case of Strieff, he was illegally detained during a “concededly unconstitutional detention,” which eventually led to the discovery of drugs inside his vehicle. In Strieff’s case, a trial court judge later found that the officer did not have enough evidence to initially stop and question him. But the judge ruled that ...

Supreme Court upholds N.Y., Conn. bans on semi-automatic weapons by not hearing appeals
Post Date: 2016-06-20 14:32:47 by cranky
14 Comments
The U.S. Supreme Court declined to hear appeals of state bans on semi-automatic weapons in New York and Connecticut amid resurgent debates on gun control following the Orlando massacre. The Court’s decision to not hear the two appeals — Shew v. Malloy and Kampfer v. Cuomo — upholds federal appeals court rulings in which judges found that the bans were constitutional. Connecticut’s semi-automatic weapon ban was signed into law on April 2013, four months after the Sandy Hook massacre in which 20 children and six school employees were killed by Adam Lanza. The law expanded an existing ban by outlawing dozens of rifle models able to hold high-capacity ammunition. June ...

Trump campaign: We're facing an emergency goal of $100,000
Post Date: 2016-06-19 15:20:45 by buckeroo
14 Comments
Washington (CNN)The Donald Trump campaign on Saturday released its first "emergency" fund-raising email, in response to an ad blitz from the Hillary Clinton campaign. "Right now we're facing an emergency goal of $100,000 to help get our ads on the air. We need your contribution by 11:59 P.M. Tonight," the email from Team Trump said. "Crooked Hillary is about to invade your TV with ads attacking Mr. Trump. But we're preparing to fight back," it reads. The email promises to release ads attacking Clinton on her role in Benghazi, the integrity of her donors and reported FBI probing of her private email server while secretary of state. The urgent ...

US Senator: Get rid of due process — it’s “killing us”
Post Date: 2016-06-19 13:42:35 by Stoner
12 Comments
So much for the oath to uphold the Constitution, eh? “Due process is what’s killing us right now,” said Senator Joe Manchin (D-WV) on Morning Joe today in pushing for a bill to use secret watch lists to deny Americans civil rights. In place of due process, Manchin proposes a five-year suspension of civil rights and surveillance when the FBI fails to find anything wrong after “suspicion” arises … just to be safe, of course (via Stephen Green at Instapundit): .@Sen_JoeManchin: Due process is what's killing us right now https://t.co/OTf9LnxHXZ — Morning Joe (@Morning_Joe) June 16, 2016 In fact, Manchin admits that the watch-list ban wouldn’t have ...

GOP AGs warn Dems that if climate skeptics can be prosecuted for ‘fraud,’ so can alarmists
Post Date: 2016-06-17 18:17:01 by cranky
3 Comments
Climate change activists are taking some heat of their own after what has been called a “clear conspiracy” to hide records from the public at George Mason University.If Democratic attorneys general can pursue climate change skeptics for fraud, then also at risk of prosecution are climate alarmists whose predictions of global doom have failed to materialize.The “cuts both ways” argument was among those raised by 13 Republican attorneys general in a letter urging their Democratic counterparts to stop using their law enforcement power against fossil fuel companies and others that challenge the climate change catastrophe narrative.Consider carefully the legal precedent and ...

Trump Vs. Cuckservatives (And Left): No “Anglo-Saxon Legal Traditions” With No Anglo-Saxons
Post Date: 2016-06-12 11:18:33 by nativist nationalist
2 Comments
The Supreme Court that decided BROWN Vs. BOARD--against their own co- ethnics. Would a Hispanic court do that? Reports indicate leading Republicans such as Speaker Paul Ryan are now actively working to make sure Donald J. Trump loses the election. [Exclusive: Longtime GOP Backer Says Ryan Wants Trump To Lose, by Alex Pfeiffer, Daily Caller, June 9, 2016]. During the primary, much of the GOP seemed paralyzed, shocked into silence by the relentless advance of Donald J. Trump. Now that Trump is the presumptive Republican nominee, but Republican politicians have picked this moment to turn on him—suggesting a deliberate plot to throw the election in order to maintain the ...

Peruta v San Diego Cty, no 2nd Amdt right to concealed Carry [Full Thread]
Post Date: 2016-06-09 16:48:27 by nolu chan
127 Comments
Peruta v San Diego Cty, no 2nd Amdt right to concealed Carry Peruta et al v County of San Diego et al, 10-56971 (9th Cir, 9 Jul 2016) OPINION W. FLETCHER, Circuit Judge: Under California law, a member of the general public may not carry a concealed weapon in public unless he or she has been issued a license. An applicant for a license must satisfy a number of conditions. Among other things, the applicant must show “good cause” to carry a concealed firearm. California law authorizes county sheriffs to establish and publish policies defining good cause. The sheriffs of San Diego and Yolo Counties published policies defining good cause as requiring a particularized reason why an ...

The law frequently cited by Ted Cruz to prove he’s Constitutionally eligible to be president actually proves he is NOT!
Post Date: 2016-06-05 18:48:55 by packrat1145
9 Comments
By now, everyone SHOULD be aware that the US Supreme Court defined the term "natural born citizen" as "children born in a country of parents who were its citizens." See https://naturalborncitizen.wordpress.com/2011/06/24/minor-v-happersett-is-binding-precedent-as-to-the-constitutional-definition-of-a-natural-born-citizen/ When paraphrased specifically to the USA, that definition becomes, "one born on US soil of two US citizens." Since Ted Cruz was not born in the USA of two US citizens, he cannot possibly meet the criteria required to be a natural born citizen. SCOTUS has cited that same definition in the process of deciding at least four cases. ...

Louisiana Passes ‘Blue Lives Matter’ Law To Make Attacking Cops A Hate Crime
Post Date: 2016-05-28 10:34:57 by Gatlin
13 Comments
Louisiana enacted a new law Thursday to make it a hate crime to attack police officers. Democratic Gov. John Bel Edwards signed the “Blue Lives Matter” bill Thursday afternoon, adding police to the list of protected categories under hate crime law such as race and religion. Louisiana law adds an additional five years in prison and $5,000 in fines for an offense against one of the listed groups, which now includes cops, firefighters, and EMS personnel. “The overarching message is that hate crimes will not be tolerated in Louisiana,” Edwards said. The bill easily passed the state’s legislature. It amends current Louisiana law to read: Continue to read here.

Our Republican Constitution: Securing the Liberty and Sovereignty of We the People
Post Date: 2016-05-15 00:25:26 by tpaine
9 Comments
Our Republican Constitution: Securing the Liberty and Sovereignty of We the People Randy E. Barnett Released: Apr 19, 2016. 325 pages. A concise history of the long struggle between two fundamentally opposing constitutional traditions, from one of the nation’s leading constitutional scholars—a manifesto for renewing our constitutional republic. The Constitution of the United States begins with the words: “We the People.” But from the earliest days of the American republic, there have been two competing notions of “the People,” which lead to two very different visions of the Constitution. Those who view “We the People” collectively think ...

11 Principles for a Free America After the Liberals Secede
Post Date: 2016-05-12 19:31:50 by tpaine
22 Comments
Townhall.com logo MAY 12, 2016 11 Principles for a Free America After the Liberals Secede Kurt Schlichter 5/12/2016 12:01:00 AM - Kurt Schlichter It’s becoming pretty clear that, like their Democrat forefathers, today’s Democrats are convinced that America is entirely too free and that they must take their blue states and secede. We normals no longer meet their high moral standards, what with our insistence on believing in God, having a voice in our governance, and our primitive desire not to have men lurking in women’s restrooms. Plus guns. Fine. Let them go. Good riddance. We’ll be able to pray and have our voices heard by government even as we continue to ...

Judge rules in favor of Republicans in Obamacare challenge
Post Date: 2016-05-12 17:42:23 by nolu chan
0 Comments
Judge rules in favor of Republicans in Obamacare challenge By Ariane de Vogue CNN Supreme Court Reporter Updated 4:15 PM ET, Thu May 12, 2016 Washington (CNN) A federal judge ruled Thursday against the administration in a challenge to a portion of the Affordable Care Act brought by the House of Representatives. At issue is the "cost sharing" provision in the law that requires insurance companies offering health plans through the law to reduce out-of-pocket costs for policy holders who qualify. The government offsets the added costs to insurance companies by reimbursing them. But lawyers for the House argued that Congress did not properly approve the money for those ...

Sheriffs Call for Defying Unconstitutional Gun Control: Feds “The Greatest Threat We Face”
Post Date: 2016-05-02 10:58:12 by Deckard
7 Comments
As the federal government continues in its quest to restrict the rights of gun owners across the country, local law enforcement is stepping up their response. For many, it is one of a line in the sand against a bevy of agencies based in Washington, and partnering state agencies, who have violated the constitution. The still-growing Constitutional Sheriffs and Peace Officers Association (CSPOA), headed by former Sheriff Richard Mack, is standing up to these infringements, and saying no. Of course, it has the attention of the indoctrinated Big Government folks, who are apt to see a group of law enforcement officials standing up for the rule of law as – what else, a potential threat. via ...

Heidi Cruz says 'Ted is an immigrant' ("Misspoke"?)
Post Date: 2016-05-01 14:09:09 by Hondo68
3 Comments
GREENFIELD, Ind. — At a campaign stop just days before the critical Indiana primary, Heidi Cruz, wife of Republican presidential candidate Ted Cruz, said one of her husband's strengths in the campaign is that he "is an immigrant." "Ted is an immigrant," Mrs. Cruz said, emphasizing the word "is." "He is Hispanic." Ted Cruz, who was born in Canada but who is an American citizen by birth, has come under withering fire from rival Donald Trump over his Canadian birth. Trump has questioned whether Cruz is constitutionally eligible to be president. (Most legal experts believe there is no question that Cruz is, but the matter has not been ...

The Fourth Amendment and the Fruit of the Poisonous Tree
Post Date: 2016-04-29 09:54:49 by Deckard
2 Comments
The USA Freedom Act provides cover for unconstitutional searches of citizens. Would all of our lives be safer if the government could break down all the doors it wishes, listen to all the conversations it could find and read whatever emails and text messages it could acquire? Perhaps. But who would want to live in such a society?To prevent that from happening here, the Framers ratified the Fourth Amendment, which is the linchpin of privacy and was famously called by Justice Louis Brandeis "the right to be let alone — the most comprehensive of rights and the right most valued by civilized men." He wrote those words in his dissent in the first wiretapping case to reach the ...

Agencies and Apparatchiks
Post Date: 2016-04-29 05:57:51 by Deckard
5 Comments
Why is the government even involved in dictating “safety” standards for new cars?Did the EPA ever get put to a vote?These are legitimate questions. But rarely asked – and forget about answered.The Constitution lists – enumerates – the specific powers the government is supposed to have. The Constitution also clearly states that the specific powers not enumerated are “reserved” to the people and the states.Well, where does it say in the Constitution that the federal government shall have the power to lay down bumper impact standards? Or require that cars be fitted with air bags and back-up cameras?Just asking…VW – and all the rest of them – ...

Our Republican Constitution
Post Date: 2016-04-21 18:54:18 by tpaine
21 Comments
The nation’s leading libertarian legal scholar tells the riveting story of the long struggle between two fundamentally opposing constitutional traditions and explains that beneath every passionate debate between conservatives and liberals lies a deep disagreement about our founding document. Americans today are deeply divided—politically, ideologically, and culturally. Some of us live in blue states and watch CNN; others live in red states and watch Fox News. Some Americans want more government, others less. We engage in passionate debate over issues like gun control, health care, same-sex marriage, immigration, and the war on terrorism. But above all, says renowned legal scholar ...

York man allegedly eats pot during chase, claims to be sovereign citizen
Post Date: 2016-04-21 16:15:32 by Willie Green
2 Comments
A 45-year-old York man was arrested earlier this month after he led police on a 10-mile high-speed chase on I-83 in Conewago Township. According to police, a State Trooper attempted to stop James Anthony Gore after he was spotted driving south in I-83. Gore was waned for a DUI, as well as several other offenses. When the Trooper attempted to stop Gore, he drove off, leading officers on a 10-mile chase along the highway, during which he waved at Troopers ordering him to stop. State Police said Gore was able to avoid multiple attempts to stop him. Once he was stopped, he refused to cooperate with pursuing Troopers and had to be forcibly removed from his car. According to police, Gore told ...

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
1 Comments
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. Here’s what happened: Lakeya Hicks and Elijah Pontoon were in Hicks’s 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
53 Comments
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
22 Comments
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
7 Comments
As President Barack Obama’s efforts to pressure Senate Republicans to confirm Merrick Garland’s 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 Obama’s 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
22 Comments
Supreme Court Justice Clarence Thomas “speak[s] truth to power” on gun rights, but unfortunately power couldn’t 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 doesn’t think he learns much about a case that hasn’t 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
5 Comments
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
0 Comments
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 ...

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