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Latest Articles: U.S. Constitution
'Yes means yes' policy coming under fire from judges
Post Date: 2015-08-10 21:15:21 by cranky
3 Comments
Watch the latest video at video.foxnews.com Judges across the country are saying “no” to the “yes means yes” standard of affirmative consent for date rape. The legality of the standard – adopted on California and New York campuses by state legislatures and in effect on numerous other colleges throughout the country – is in question following a series of recent rulings that cite a lack of due process. “These decisions are harbingers,” said John Banzhaf, a professor at George Washington University Law School and a public interest lawyer. “It does take time for new ideas to percolate through the system.” Under the standard, the accused, ...
Ten Ways the War On Drugs Violates the U.S. Constitution
Post Date: 2015-08-06 10:50:11 by Deckard
9 Comments
How our government's ongoing policy on drugs threatens all of us in unexpected ways. Image: shutterstock Even while marijuana legalization has been approved in some states, the War on Drugs remains the biggest and greatest violation and imminent threat to our civil liberties and the preservation of the Bill of Rights under the Constitution. The War on Drugs is an enemy to the rights and privacy of U.S. citizens everywhere. And this war not only targets guilty drug users or traffickers; it is also waged against innocent Americans who may think they are safe from draconian drug war policies.This belief is a myth, and here's why: even if you don’t use marijuana, cocaine, ...
Man Arrested, Charged with Multiple Felonies for Telling Jurors About Their Rights [Full Thread]
Post Date: 2015-08-04 10:58:09 by Deckard
92 Comments
By Carey Wedler Last week, a Denver man was arrested and charged with multiple felonies, but not for stealing, committing fraud, or engaging in violent crime. He was targeted for attempting to educate jurors about their rights in the courtroom. Mark Ianicelli, 56, set up a table outside of Lindsay-Flanigan Courthouse in Denver in order to educate jurors about jury nullification. Jury nullification is the process by which members of juries can nullify unjust laws by finding defendants charged with them not guilty. Ianicelli is charged with tampering with a jury, a felony in Colorado that carries a minimum bond of $5,000. He was charged by the Denver District Attorney for seven counts of ...
Can the Government Ban Anything? (Nope)
Post Date: 2015-08-04 08:00:39 by Deckard
3 Comments
Even though it is true that the government currently bans all kinds of things, I am asking a serious question. Let me expand and clarify it. Is the federal government authorized by the Constitution to make illegal the possession of any substance that it deems it to be harmful, hazardous, immoral, addictive, threatening, damaging, injurious, destructive, unsafe, or dangerous to an individual or to society? I am not talking about state governments—that is a separate issue. I am talking about the U.S. national government that was set up by the Constitution in 1789. The Constitution that was amended in 1791, 1795, 1804, 1865, 1868, 1870, 1913, 1919, 1920, 1933, 1951, 1961, 1964, 1967, ...
Famed Law Professor, Defense Attorney Latest to Suggest Second Amendment Needs to Go
Post Date: 2015-08-02 05:31:33 by tpaine
7 Comments
www.nraila.org Famed Law Professor, Defense Attorney Latest to Suggest Second Amendment Needs to Go The legal profession is full of blowhards, egomaniacs, hypocrites, and elitists, but even so, rarely are all those qualities present in a single individual to the same degree as in Alan Dershowitz. At age 28, Dershowitz became the youngest full professor of law in history with his appointment at Harvard. And, yes, it went to his head. He has written that he “does not hide behind the distorting shield of false humility” and has even suggested things might have gone differently for Jesus if he had been there to represent him. When not busy indoctrinating impressionable law ...
The Rights Retained by The People [and the presumption of liberty]
Post Date: 2015-08-01 02:51:14 by tpaine
3 Comments
The Rights Retained by The People [and the presumption of liberty] | Randy Barnett The Rights Retained by the People: The History and Meaning of the Ninth Amendment Volume 2 Edited by Randy E. Barnett I. The Origins of The Ninth Amendment II. Why the Rights Retained by the People Are Unenumerable III. Implementing the Ninth Amendment IV. Replying to the Ninth Amendment Skeptics V. Conclusion: The Equal Protection of Liberties and the Future of the Ninth Amendment In this Introduction, I explain how the ninth amendment's protection of unenumerated rights "retained by the people" can be implemented in a practical fashion that is consistent with the views of its author, ...
America’s Ruling Class — And the Perils of Revolution.
Post Date: 2015-07-17 17:48:23 by nativist nationalist
13 Comments
As over-leveraged investment houses began to fail in September 2008, the leaders of the Republican and Democratic parties, of major corporations, and opinion leaders stretching from the National Review magazine (and the Wall Street Journal) on the right to the Nation magazine on the left, agreed that spending some $700 billion to buy the investors' "toxic assets" was the only alternative to the U.S. economy's "systemic collapse." In this, President George W. Bush and his would-be Republican successor John McCain agreed with the Democratic candidate, Barack Obama. Many, if not most, people around them also agreed upon the eventual commitment of some 10 trillion ...
Cops Shot Unarmed Georgia Woman in the Head, Admired Their Marksmanship, Prevented First Aid After
Post Date: 2015-07-16 10:25:27 by Deckard
21 Comments
An awful story in Georgia about a fatal 2010 police shooting as investigated by the Atlanta Journal-Constitution and Channel 2 Action News, illustrates many of the structural and systemic problems in policing and police discipline, not just in Georgia but around the country. 35-year-old Caroline Small took police on a low-speed chase that ended with her Buick Century in a ditch on its rims. The two cops who followed her shot her, claiming they feared for her life because she could drive the car, which was without tires now, down the narrow path between her and them . After shooting her in the head, the cops are caught on their cameras talking about their marksmanship. A subsequent ...
Giving Thomas His Due [USSC]
Post Date: 2015-07-16 08:33:33 by Tooconservative
7 Comments
For political observers, the story of the Supreme Court’s recently concluded term was the clash of two great colliding forces. On one side stood the Court’s always-unified liberal bloc, fortified by the apostasies of Republican-appointed Justice Anthony Kennedy and sometimes Chief Justice John Roberts, most prominently in cases involving same-sex marriage and Obamacare. On the other side stood Justice Antonin Scalia, a lion in winter, caustic and witty in his dissents. But for close watchers of the Court, another theme ran through this term: the breadth and depth of Justice Clarence Thomas’s institutional critique of the Court itself for straying from the Constitution, ...
nolu chan contends an amendment to repeal the 2nd Amdt could be passed [Full Thread]
Post Date: 2015-07-09 10:39:45 by tpaine
255 Comments
The Congress proposes, and three-fourths of the states ratify the following amendment
AMENDMENT 28.
Section 1. The second article of amendment is hereby repealed.
Section 2. The individual right to keep and bear, buy, make, and use arms is limited to .22 caliber handguns only.
Section 3. All non-conforming guns must be surrendered to government authorities or destroyed within 30 days of ratification of this amendment.
Section 4. The Congress shall have the power to enforce this article by appropriate legislation.
Poster Comment:
During a discussion with Nolu Chan, he asserted that an amendment repealing the 2nd could be ratified, and become a valid part of our ...
Five myths about the Founding Fathers
Post Date: 2015-07-05 10:46:00 by no gnu taxes
15 Comments
From Athens and Rome to the present day, all great societies have founding myths — stories they tell themselves about who they are and where they came from. Perhaps because the United States is younger than most nations (239 years old on Saturday), our founding is among the best-documented. We’re fortunate to have thousands of pages of letters, speeches and other writings from our founders, recording their thoughts and debates as they played out. It’s a sign of how politically powerful and historically important the American founding was — and still is — that deeply rooted myths persist today. As we celebrate Independence Day, here are a few of the biggest myths ...
Pound Sand, Your Honor! More Americans Want States to Ignore Federal Courts
Post Date: 2015-07-04 08:56:28 by tpaine
2 Comments
http://www.thenewamerican.com Pound Sand, Your Honor! More Americans Want States to Ignore Federal Courts While dissenting from the recent Supreme Court decision rubber-stamping same-sex “marriage,” Justice Antonin Scalia warned his colleagues that with “each decision ... unabashedly based not on law” the Court moves “one step closer to being reminded of [its] impotence.” And a new poll shows that another such step has in fact been taken, with more Americans supporting the idea that states should have the right to ignore federal court rulings. Writes Rasmussen Reports, “A new Rasmussen Reports national telephone survey finds that 33% of Likely U.S. ...
State Silences Bakers Who Refused to Make Cake for Lesbian Couple, Fines Them $135K [Full Thread]
Post Date: 2015-07-03 15:47:13 by Hondo68
124 Comments
Melissa Klein. (Photo: Patrick Frank) Oregon Labor Commissioner Brad Avakian finalized a preliminary ruling today ordering Aaron and Melissa Klein, the bakers who refused to make a cake for a same-sex wedding, to pay $135,000 in emotional damages to the couple they denied service. “This case is not about a wedding cake or a marriage,” Avakian wrote. “It is about a business’s refusal to serve someone because of their sexual orientation. Under Oregon law, that is illegal.” In the ruling, Avakian placed an effective gag order on the Kleins, ordering them to “cease and desist” from speaking publicly about not wanting to bake cakes for same-sex weddings based ...
The Rights Retained by The People [and the presumption of liberty]
Post Date: 2015-07-02 14:56:18 by tpaine
33 Comments
The Rights Retained by The People [and the presumption of liberty] | Randy Barnett Originally psted on 6/7/2004, 2:10:58 PM by tpaine at Freerepublic The Rights Retained by the People: The History and Meaning of the Ninth Amendment Volume 2 Edited by Randy E. Barnett I. The Origins of The Ninth Amendment II. Why the Rights Retained by the People Are Unenumerable III. Implementing the Ninth Amendment IV. Replying to the Ninth Amendment Skeptics V. Conclusion: The Equal Protection of Liberties and the Future of the Ninth Amendment In this Introduction, I explain how the ninth amendment's protection of unenumerated rights "retained by the people" can be implemented in a ...
Supreme Court Imposes Gay Marriage On A Divided America–What Next?
Post Date: 2015-06-30 02:17:12 by nativist nationalist
22 Comments
“Natural law—God’s law—will always trump common law,” said Alveda King, niece of Dr. Martin Luther King Jr., and a Christian leader in her own right, “God will have the final word in this matter.” But, for now, Justice Anthony Kennedy has the final word. Same-sex marriage is the law of the land, as the right of gays and lesbians to marry is right there in the 14th Amendment to the Constitution, which was ratified in 1868. We just didn’t see it. Tony Kennedy spotted what no previous court had detected. The absurdity of the decision aside,(PDF) it represents another stride forward for the revolution preached by Antonio Gramsci. Before we can ...
OBERGEFELL ET AL. v. HODGES, DIRECTOR, OHIO
Post Date: 2015-06-29 11:40:35 by redleghunter
2 Comments
Michigan, Kentucky, Ohio, and Tennessee define marriage as a unionbetween one man and one woman. The petitioners, 14 same-sex couples and two men whose same-sex partners are deceased, filed suits in Federal District Courts in their home States, claiming that respondent state officials violate the Fourteenth Amendment by denying them the right to marry or to have marriages lawfully performedin another State given full recognition. Each District Court ruled in petitioners’ favor, but the Sixth Circuit consolidated the cases and reversed. Held: The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriagebetween two people ...
Ayatollah Roberts and His Sharia Council
Post Date: 2015-06-29 09:33:53 by Tooconservative
11 Comments
In the matter of the so-called Affordable Care Act, the Supreme Court ruled that the law must not say what it in fact does say because it would be better if it were not to say what it says and were to say something else instead. In the matter of same-sex marriage, the Supreme Court rules that the law must say what it does not say because it would be better if it were to say what it does not say instead of what it says. Which is to say, the Supreme Court has firmly established that it does not matter what the law says or does not say — what matters is what they want. That texts may be imaginatively interpreted to any end is not news — “The devil can cite Scripture for his ...
Ted Cruz: Constitutional Remedies to a Lawless Supreme Court
Post Date: 2015-06-28 21:46:46 by out damned spot
2 Comments
This week, we have twice seen Supreme Court justices violating their judicial oaths. Yesterday, the justices rewrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5– 4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. Both decisions were judicial activism, plain and simple. Both were lawless. As Justice Scalia put it regarding Obamacare, “Words no longer have meaning if an Exchange that is not established by a State is ‘established by the State.’ We should start calling this law SCOTUSCare.” And as he observed ...
SCOTUS GAY MARRIAGE DECISION MAKES CONCEAL CARRY LEGAL IN ALL 50 STATES
Post Date: 2015-06-28 12:53:30 by GrandIsland
26 Comments
Citing a report by BearingArms.com, Colonel Allen West argues that there’s an unintended flip side to the Supreme Court’s violation of the U.S. system of federalism. One that will be quite upsetting to the liberal progressives who celebrated yesterday’s decision.As West notes, since the SCOTUS has determined it can bequeath a right to marriage across all 50 states, there is an interesting point to be made. “The Supreme Court ruled Friday that same-sex couples have a right to marry nationwide, in a historic decision that invalidates gay marriage bans in more than a dozen states. Gay and lesbian couples already can marry in 36 states and the District of Columbia. The ...
The Logic of Constitutional Republican Government
Post Date: 2015-06-28 05:02:51 by tpaine
0 Comments
The Logic of Constitutional Republican Government Marbury v. Madison, 5 U.S. 137 (1803) Address:www.constitution.org/ussc/005- http://137jr.htm">www.constitution.org/ussc/005-137jr.htm ^ | 11/6/03 | Jon Roland Posted on 11/6/2003, 3:01:38 PM by tpaine The Logic of Constitutional Republican Government The logic of constitutional republican government is that everyone, not just the courts, and not just public officials, has the duty to enforce the law, and, where conflicts in the law arise, resolve those conflicts and apply the correct law. When one of the laws in conflict is the constitution, then the duty is of constitutional review, which is only judicial review when it is ...
Of Course the Government Should Force Churches to Perform Gay Weddings - How Progressives think
Post Date: 2015-06-27 22:01:35 by Deckard
19 Comments
There has been a lot of outrage from radical right wing circles this week, as slobbering fundamentalist bigots in backwards cesspools like Texas and Idaho are finally being called to task for their anti-gay hatred. Conservative Christians are about the only thing we should hate more than bigotry, so it’s about time we start cracking down on these cretins. First, Houston’s lesbian mayor attempted to subpoena the sermons of various conservative pastors, alleging that said sermons might contain Christian messages. Now, I have it on good authority that, these days, a sermon is often the last place to look for Biblical content (just ask Joel Osteen), but better safe than ...
Supreme Court Rubber Stamps Same-sex “Marriage” — Time for Nullification (ignore fake marriage)
Post Date: 2015-06-27 20:39:52 by Hondo68
0 Comments
Has our nation traded the rule of law for the rule of lawyers? Critics would say so. And this week’s Supreme Court rulings — most notably Friday's 5-4 decision on faux marriage — could be their Exhibit A. Friday's ruling, stating that same-sex couples have a “right” to “marry” in all 50 states, went down precisely as critics had predicted — and feared. Justice Anthony Kennedy sided with the Court’s four most liberal judges — Elena Kagan, Sonya Sotomayor, Ruth Bader Ginsburg, and Stephen Breyer — in the promotion of faux marriage; he also wrote the majority opinion. Justices Antonin Scalia, John Roberts, Clarence Thomas, and ...
Constitutional Remedies to a Lawless Supreme Court
Post Date: 2015-06-27 09:17:12 by tpaine
13 Comments
http://www.nationalreview.com Constitutional Remedies to a Lawless Supreme Court by Ted Cruz June 26, 2015 5:39 PM his week, we have twice seen Supreme Court justices violating their judicial oaths. Yesterday, the justices rewrote Obamacare, yet again, in order to force this failed law on the American people. Today, the Court doubled down with a 5–4 opinion that undermines not just the definition of marriage, but the very foundations of our representative form of government. Both decisions were judicial activism, plain and simple. Both were lawless. RELATED: More Supreme Court Coverage As Justice Scalia put it regarding Obamacare, “Words no longer have meaning if an ...
POSSE COMITATUS WON'T SAVE YOU FROM THE U.S. MILITARY
Post Date: 2015-06-25 20:10:25 by Deckard
0 Comments
GOVERNMENT CAN GET YOU ANYTIME IT WANTS. If a person, group of people, or a government has power over you, that means they can control what you do, or force you to do what you don't want to do. That power comes either by the force of law with corresponding punishments for not obeying the law, or by force of violence using the gun or other weapons that can threaten or take your life, or rob you of your liberty.In many of our articles over the last 10 years, we have written about the growing power of the American government, at all levels, but mostly at the federal level. No matter what anyone thinks, the evidence points directly at a trend towards absolute power. That is what governments ...
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