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Latest Articles: U.S. Constitution
Who’s Afraid of Bradley Manning?
Post Date: 2010-08-03 11:27:12 by Capitalist Eric
1 Comments
U.S. Secretary Robert Gates has stated that WikiLeaks has "moral culpability" for potentially deadly repercussions in Afghanistan and presumably Iraq. Gates said, "The Taliban can glean a lot about U.S. tactics and sources from the documents." I’m delighted that Gates has brought up the topic of morality. He, son of the Midwest, an Eagle Scout, a trusted CIA operative, and … oops. I should have stopped at Boy Scout. We easily recognize corruption and immorality in our elected officials – we lap up stories of seat haggling by glossy-haired pols in Chicago, we thrill at the sexcapades of prosecutors and presidents. We marvel at the sheer criminality of ...
Virginia Attorney General Rules Police Can Check Immigration Status
Post Date: 2010-08-02 15:46:22 by Murron
0 Comments
Virginia Attorney General Rules Police Can Check Immigration Status Fox News Aug 2, 2010 In this Nov. 3, 2009, photo, Ken Cuccinelli waves at his victory party in Richmond after being elected state attorney general. (AP Photo) In a decision that could lay the groundwork for an Arizona-style immigration policy, Virginia's attorney general said state law enforcement officers are allowed to check the immigration status of anyone "stopped or arrested." Attorney General Ken Cuccinelli issued the legal opinion Friday extending that authority to Virginia police in response to an inquiry over whether his state could mirror the policies passed into law in Arizona. "It ...
Reality Check!!!: Real America Did Not Sue Arizona
Post Date: 2010-08-02 08:48:12 by Murron
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REALITY CHECK!!!!! July 29, 2010 Real America Did Not Sue Arizona Christopher Adamo, Contributing Editor Once again, the despicable conduct of the Obama Administration compels us to do a “reality check,” this time in regard to the lawsuit filed by Eric Holder’s Justice Department against the State of Arizona. Put aside, for the moment, the abject hypocrisy of his selective devotion to the law, wherein criminal actions are ignored or dismissed if committed by such thugs as King Samir Shabazz of the New Black Panthers against common citizens attempting to vote, while decent and honorable efforts to maintain the integrity of one’s country or one’s state are ...
Who Needs the Electoral College? Not Massachusetts
Post Date: 2010-07-29 19:08:15 by Brian S
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The Massachusetts State Legislature has approved a law that would award the state's electoral college votes to the winner of the national popular vote. Is this the beginning of the end of indirect election in America?Not So Fast Connecticut Compromise fans shouldn't worry just yet, writes Martin Finucane in the Boston Globe. The Massachusetts law takes effect "only if enough states adopted the legislation to combine for at least 270 electoral votes, the amount needed to win the presidency." The only other states to pass similar legislation are New Jersey, Maryland, Hawaii, Illinois, and Washington.Tradition Discarded? A dubious Tara Ross of the National Review ...
Court Says Privacy Advocate May Publish Social Security Numbers
Post Date: 2010-07-29 12:59:07 by Brian S
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A federal appeals court has ordered Virginia’s attorney general to back away from threats of suing a privacy advocate who publishes Social Security numbers of elected officials on the internet. The decision by the 4th U.S. Circuit Court of Appeals means Betty Ostergren avoids being sued by the state’s top law enforcement official for breaching a state law that prohibits publication of such information. The Richmond, Virginia, court, however, stopped short of striking down the law, which was adopted in 2008 and carries civil penalties of about $3,500 per violation. Instead, a three-judge panel said the regulation breached Ostergren’s First Amendment rights as they applied ...
White House Pushes For Warrantless Access To Internet Records
Post Date: 2010-07-29 12:46:53 by Brian S
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Attorney speculates data could include Facebook friend requests The White House has asked Congress to make it possible for the FBI to demand that Internet service providers turn over customers' records in cases involving terrorism or other intelligence issues without first obtaining a court order. The Electronic Communications Privacy Act currently states that companies are required to provide basic subscriber data to the FBI, but lists only the four kinds of information that might be found on phone bills -- customer's name, address, length of service, and toll billing records. In 2008, the Justice Department ruled that those four categories were "exhaustive," making ...
An Abominable Decision [Mark R. Levin]
Post Date: 2010-07-29 10:30:16 by Nebuchadnezzar
6 Comments
Wednesday, July 28, 2010 An Abominable Decision [Mark R. Levin] This is a typical example of a judge stating the correct legal standard, but then ignoring it and applying the test in a fashion completely divorced from the facts of the case in order to reach a predetermined decision. First, the court states correctly that the sort of constitutional challenge brought here — a facial challenge — is the most difficult challenge to mount successfully. It requires that the plaintiff (here the federal government) must demonstrate that the law can never be applied in a constitutional fashion. The test cannot be met with hypothetical arguments — yet that is exactly what the court ...
Clueless At LP
Post Date: 2010-07-29 09:21:09 by war
16 Comments
They can't, but they're trying. Those rights are retained by the States, or the People under the 9th and 10th amendments. The judge is way outside of her jurisdiction! This will not stand. Do you think Sheriff Joe gives a rats ass about this decision? HELL NO! He may just boot the feds out of HIS county. hondo68TTOR posted on 2010-07-28 13:47:11 ET Reply Trace
Judge Blocks Parts Of Arizona Immigration Law [Full Thread]
Post Date: 2010-07-28 13:20:25 by Brian S
70 Comments
PHOENIX (AP) -- A judge has blocked the most controversial sections of Arizona's new immigration law from taking effect Thursday, handing a major legal victory to opponents of the crackdown. The law will still take effect Thursday, but without many of the provisions that angered opponents - including sections that required officers to check a person's immigration status while enforcing other laws. The judge also put on hold a part of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places. U.S. District Judge Susan Bolton put those controversial sections on hold until the courts ...
Goldi has come up with a 10 year plan to save the nation
Post Date: 2010-07-27 10:51:12 by Biff Tannen
25 Comments
#4. To: SWIFT (#2) Maybe someday someone will eliminate DC and all the maggots in it in one fell swoop. Between the maggots and the roaches, the entire area is infested, rotting and unsalvagable. The news would be stated as a "catastrophe"...but in the long term, they'd be doing us all a favor. If DC were swallowed up in a giant sinkhole or big mushroom cloud, then we could: Start over from day 1 of the Constitution, and get rid of all the amendments that weaken the document. Except for the Bill of Rights, and the correction to counting blacks as 1 person each (No "fraction") they should be all dumped! END the commerce clause, which has been used as a WEDGE to ...
KUHNER: President's socialist takeover must be stopped
Post Date: 2010-07-24 17:40:08 by reaganisright
17 Comments
President Obama has engaged in numerous high crimes and misdemeanors. The Democratic majority in Congress is in peril as Americans reject his agenda. Yet more must be done: Mr. Obama should be impeached. He is slowly - piece by painful piece - erecting a socialist dictatorship. We are not there - yet. But he is putting America on that dangerous path. He is undermining our constitutional system of checks and balances; subverting democratic procedures and the rule of law; presiding over a corrupt, gangster regime; and assaulting the very pillars of traditional capitalism. Like Venezuela's leftist strongman, Hugo Chavez, Mr. Obama is bent on imposing a revolution from above - one that is ...
Judge Doubts The Constitutionality Of Arizona's Immigration Law [Full Thread]
Post Date: 2010-07-22 18:47:58 by Brian S
73 Comments
Reporting from Phoenix — A federal judge on Thursday expressed skepticism that a key part of a controversial Arizona law to control illegal immigration is constitutional. U.S. District Judge Susan Bolton noted at a hearing that the U.S. Supreme Court has long barred states from creating their own immigrant registration systems. She said the Arizona measure's stipulation that makes a crime of failing to have immigration documents may violate that. John Bouma, the attorney representing Arizona Gov. Jan Brewer, tried to convince Bolton otherwise but eventually gave up. "I didn't have the feeling I persuaded you last week either," he said, alluding to a previous ...
Groups Argue In Supreme Court Briefs That Church Has Right To Picket Military Funerals
Post Date: 2010-07-15 14:59:27 by Brian S
2 Comments
BALTIMORE (AP) — Banning a fundamentalist church from protesting homosexuality outside military funerals would have a chilling effect on free speech, according to briefs filed to the U.S. Supreme Court by an ideologically diverse group of supporters. Members of the Westboro Baptist Church in Topeka, Kan., picket military funerals around the country. They argue that U.S. military deaths are God's punishment for America's tolerance of homosexuality and carry signs with slogans including "Thank God for Dead Soldiers." Albert Snyder of York, Pa., filed a lawsuit accusing the church of inflicting emotional distress and invading his privacy. He argues that the ...
Backlash grows vs. full-body scanners
Post Date: 2010-07-14 03:22:06 by Wood_Chopper
2 Comments
Backlash grows vs. full-body scanners Fliers worry about privacy, health risks By Gary Stoller USA TODAY Opposition to new full-body imaging machines to screen passengers and the government's deployment of them at most major airports is growing. Many frequent fliers complain they're time-consuming or invade their privacy. The world's airlines say they shouldn't be used for primary security screening. And questions are being raised about possible effects on passengers' health. "The system takes three to five times as long as walking through a metal detector," says Phil Bush of Atlanta, one of many fliers on USA TODAY's Road Warriors panel who oppose the ...
USA v Arizona What is Preemption?
Post Date: 2010-07-06 15:16:15 by Badeye
30 Comments
USA v Arizona What is Preemption? July 6, 2010 - 2:40 PM | by: Lee Ross The Obama Administration’s lawsuit challenging a controversial Arizona law cracking down on immigration is based on a legal doctrine known as preemption. It is a rather straightforward legal conflict that the Supreme Court has faced several times in recent years coming down on either side of the divide giving supporters and opponents of the Arizona law reason to claim the legal high ground. Preemption is based on the premise that federal oversight is preferred in some areas or preempts state and local laws that cover the same ground. The theory is that federal law works best in providing uniformity with rules and ...
The Second War For Independence – Your Freedom In The Balance. [Full Thread]
Post Date: 2010-07-04 07:09:47 by Skip MacLure
58 Comments
It’s another American first. A (so far) bloodless revolution. It’s Americans banding together to confront the evils of the Marxist coup against our God given rights. In 1775, Americans rose up against what they saw as tyranny by a King and his Parliament thousands of miles away. In eight years of bitter fighting the fledgling country won its freedom, with the help of King Louis XVI of France who saw the conflict as an opportunity to stick his thumb in the eye of his arch enemy, King George III. The Spaniards and Dutch were allies of the French and, by extension, allies of the American colonists also. We don’t have eight years to take our country back. We have until ...
Chicago Approves Tough New Handgun Restrictions
Post Date: 2010-07-02 13:29:38 by Brian S
2 Comments
(07-02) 10:14 PDT Chicago (AP) -- The Chicago City Council on Friday approved what city officials say is the strictest handgun ordinance in the United States. The 45-0 vote came four days after a Supreme Court ruling made it almost certain that Chicago's handgun ban would be overturned. The high court ruled Americans have a right to own a gun for self-defense anywhere they live. The new city ordinance bans gun shops in Chicago and prohibits gun owners from stepping outside their homes, even onto their porches or garages, with a handgun. It will take effect in 10 days. The ordinance also: _ Limits the number of handguns residents can register to one per month and prohibit residents ...
Mayor Daley Lays Out Strict Gun Rules For Chicago
Post Date: 2010-07-01 15:23:31 by Brian S
2 Comments
CHICAGO (AP) -- With the city's gun ban certain to be overturned, Mayor Richard Daley on Thursday introduced what city officials say is the strictest handgun ordinance in the United States. The measure, which draws from ordinances around the country, would ban gun shops in Chicago and prohibit gun owners from stepping outside their homes, even onto their porches or garages, with a handgun. Daley announced his ordinance at a park on the city's South Side three days after the U.S. Supreme Court ruled that Americans have a right to own a gun for self-defense anywhere they live. The City Council is expected to vote on it Friday. "As long as I'm mayor, we will never give up ...
On gun control, there's the Constitution and there's Daley's rules
Post Date: 2010-07-01 12:30:44 by Badeye
4 Comments
On gun control, there's the Constitution and there's Daley's rules By John Kass Constitutional Issues In Chicago, Daleytution is the law of the land John Kass July 1, 2010 As Independence Day approaches, let's remember that our Founding Fathers created a marvelous document to protect individual freedoms from the aggressions of government. We call this the Constitution. But along The Chicago Way, there is another text, full of decrees. The dusty scroll must be buried deep in a vault at City Hall, because few, if any, have ever seen it. Still, Chicagoans know its power. Some may call it the Edict of Shortshanks. Others call it The Mayoral Carta. But most refer to it ...
Kagan On Guns: Court Precedents Are 'Settled Law'
Post Date: 2010-06-29 11:39:41 by Brian S
1 Comments
(06-29) 08:23 PDT WASHINGTON, (AP) -- Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be "settled law." Kagan was asked at her confirmation hearing about two recent decisions, including a 5-4 ruling Monday, which essentially guaranteed citizens' Second Amendment rights to have guns, no matter where they live. Democratic Sen. Dianne Feinstein of California decried growing gang violence in her state, saying officials need leeway to deal with it. Kagan responded that "once a court decides a case as it did, it's binding precedent." And she said judges must respect a precedent unless it proves unworkable or ...
High Court Backs U.S. `Soft Money' Ban, Rejecting Republicans
Post Date: 2010-06-29 11:21:45 by Brian S
0 Comments
The U.S. Supreme Court rejected a Republican challenge to the centerpiece of the 2002 campaign finance overhaul, upholding its ban on unregulated “soft money” contributions to political parties. Five months after a divided court struck down federal limits on corporate campaign spending on free-speech grounds, the justices refused to extend the reasoning of that case. Three justices -- Antonin Scalia, Clarence Thomas and Anthony Kennedy -- dissented. The soft-money ban limits contributions to political parties by corporations, unions and individuals. The case is Republican National Committee v. Federal Election Commission, 09-1287.
The Roberts Court's Free Speech Problem
Post Date: 2010-06-28 11:46:43 by war
16 Comments
On January 21, in its first decision of this term, Citizens United v. Federal Election Commission, the Supreme Court’s five-member conservative majority announced that the First Amendment bars Congress from imposing even mild constraints on the ways corporations can employ their vast financial resources to drown out the voices of ordinary people in federal election campaigns. On June 21, in one of its last decisions of the term, Holder v. Humanitarian Law Project, the same majority, this time joined by Justice John Paul Stevens, ruled that the First Amendment permits Congress to imprison human rights activists for up to fifteen years merely for advising militant organizations on ways ...
Supreme Court Says Campus Christian Group Can't Keep Gays Out And Keep College Funding
Post Date: 2010-06-28 11:28:23 by Brian S
3 Comments
An ideologically split Supreme Court ruled Monday that a law school can legally deny recognition to a Christian student group that won't let gays join. The court turned away an appeal from the Christian Legal Society, which sued to get funding and recognition from the University of California's Hastings College of the Law. The CLS requires that voting members sign a statement of faith and regards "unrepentant participation in or advocacy of a sexually immoral lifestyle" as being inconsistent with that faith. But Hastings said no recognized campus groups may exclude people due to religious belief or sexual orientation. The court on a 5-4 judgment upheld the lower ...
STATES, CITIES MUST ABIDE BY SECOND AMENDMENT, COURT RULES
Post Date: 2010-06-28 10:06:15 by war
5 Comments
BREAKING
Supreme Court To Rule On Sarbanes-Oxley And Gun Rights [Monday]
Post Date: 2010-06-27 14:34:57 by Brian S
0 Comments
(Reuters) - The Supreme Court could strike down a key part of a 2002 corporate reform law and extend gun rights in the United States on Monday when the justices issue their final rulings of the term. In eagerly awaited rulings, the nation's highest court is expected to decide the constitutionality of a national board that polices auditors of public companies and whether gun rights extend to every state and city in the nation. The nine justices could also decide a dispute closely watched by some software, biotechnology and financial companies on whether business methods can be patented if they involve a machine or transformation. Chief Justice John Roberts has already announced that ...
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