Latest Articles: U.S. Constitution
Supreme Court Upholds Ohio's Ballot Integrity Law
Post Date: 2018-06-11 11:00:35 by Tooconservative
In 2015, a guy named Larry Harmon showed up to vote on a local initiative. Harmons problem was the last time he cast a vote was in 2008 and he was sort of sloppy about even reading his mail. He wasnt on the voter roll, and, as far as I can make out, was not allowed to vote. (A brief side trip here. Im chief judge in a voting precinct. I have been for six years. In my state I would have issued Harmon a provisional ballot. He would have cast it. The Board of Elections would have examined his ballot the week after the election. They would determine that he was eligible to vote and added his ballot to the total and put him back on the voter rolls for next election. A 100% ...
Oh my: DOJ will no longer defend parts of ObamaCare in court
Post Date: 2018-06-08 17:19:51 by Tooconservative
Man, what a day for bad Obama precedents. First the DOJ follows Os lead by seizing records from a reporter to find a leaker, then it announces itll selectively refuse to defend disfavored federal statutes in court, just like the last administration did with DOMA. Imagine how furious the left would be at these Justice Department affronts to freedom of the press and the rule of the law if they hadnt pioneered them. Thanks, Obama! It feels strange that the executive branch has to try to tank ObamaCare in court to get it undone when Republicans control both houses of Congress and the White House, but weve already been there, done that on legislative solutions. Time ...
Giuliani is throwing gas on fire: Napolitano
Post Date: 2018-06-04 21:59:18 by buckeroo
... uh oh.
The Masterpiece Cakeshop Decision Leaves Almost All the Big Questions Unresolved
Post Date: 2018-06-04 13:54:36 by tpaine
The Masterpiece Cakeshop Decision Leaves Almost All the Big Questions Unresolved Eugene Volokh June 4, 2018 10:49 am Do bakers have a First Amendment right to refuse to bake cakes for same-sex weddings, even if there's a state law banning sexual orientation discrimination by such businesses? Do they have a First Amendment right to refuse to bake such cakes that contain text or symbolism (e.g., rainbow striping) that the bakers disapprove of? How about wedding photographers or videographers, who create products that (unlike most cakes) are traditionally seen as speech? How about calligraphers or graphic designers, who have an objection to personally writing or typing certain ...
Trump Says He Has the Absolute Right to Pardon Himself
Post Date: 2018-06-04 11:02:38 by Deckard
President Trump tweeted Monday morning that he has the right to pardon himself, but that he has no reason to do so, because hes completely innocent. His bold, frightening assertion comes after a weekend in which the Trump administrations legal argument that the president can basically do whatever he wants with no repercussions came into sharper focus. On Saturday, the New York Times reported that Trump lawyers had sent Special Counsel Robert Mueller a letter in January arguing that their client should not be forced to sit for questioning because, as the president, he could not by definition have obstructed justice. Then, on Sunday, Trump lawyer Rudy Giuliani ...
Only one more state needs to pass the Equal Rights Amendment to finally get it ratified
Post Date: 2018-06-01 00:51:31 by nolu chan
Only one more state needs to pass the Equal Rights Amendment to finally get it ratified. By AJ Willingham, CNN Updated 9:41 PM ET, Thu May 31, 2018 (CNN)This week Illinois lawmakers approved the Equal Rights Amendment, a long-proposed addition to the United States Constitution that would ensure equal rights to all Americans regardless of sex. You would think that 230 years after ratifying its Constitution, the US would have some sort of federal protection like this enshrined in its supreme law. But the ERA, which states that "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex," has been languishing in ...
nnocent Man Catches Cops Breaking Into His Car, Searching it With NO Warrant
Post Date: 2018-05-30 07:17:43 by Deckard
Prince Georges County, MD An infuriating video was uploaded to Facebook this week showing police officers laying waste to the rights of an innocent man. When the innocent man, Troy Ray, confronted these officers, they proceeded to tell him they had the right to search his car with no warrant and no probable cause. As the video begins, Ray is walking up on the scene with several police officers parked in the road. Ray finds that his door to his car is wide open and police have been rummaging through his things.Why did yall go in my car officer? asks Ray. To check and see if there was any contraband in there, replied the officer as if what he had ...
Supreme Court Rules 8-1 Against Warrantless Police Search in Important Fourth Amendment Case
Post Date: 2018-05-30 06:47:10 by Deckard
SCOTUS rejects warrantless search of vehicle parked in the "curtilage" of private home.Fourth Amendment advocates scored a victory today when the U.S. Supreme Court ruled 8-1 against a warrantless police search that involved an officer entering private property for the purpose of examining a motorcycle stored under a tarp in the driveway near a home. "In physically intruding on the curtilage of [Ryan Austin] Collins' home to search the motorcycle," Justice Sonia Sotomayor wrote for the majority in Collins v. Virginia, the officer "not only invaded Collins' Fourth Amendment interest in the item searched, i.e., the motorcycle, but also invaded Collins' ...
This Man Was Released From Prison and Rebuilt His Life; Two Years Later He Got Sent Back Because of an 'Error'
Post Date: 2018-05-30 06:44:04 by Deckard
What do Kim Kardashian, Joy Reid, and The Federalist have in common? They're all aghast at the case of Matthew Charles, a Tennessee man who was recently sent back to federal prison after two years of freedom when an appeals court ruled he had been released in error. Now criminal justice reformers and thousands of others are calling on President Donald Trump to commute Charles' sentence. Charles was released early from federal prison in 2016, having served 21 years of a 35-year sentence for selling crack to a police informant. Federal prosecutors then appealed, arguing that, because Charles had been originally been classified as a "career offender," he was ineligible for ...
Ron Paul: Republicans, Democrats Teaming Up for Federal Gun Confiscation Bill
Post Date: 2018-05-24 10:09:08 by Deckard
In an email Tuesday night, former Congressman and presidential candidate Ron Paul released an ominous statement claiming that a source they have in the Senate revealed Democrats are teaming up with Republicans to push through a massive gun control bill. According to their source, as Paul explained, Senators Marco Rubio (R-FL) and Lindsey Graham (R-SC) are teaming up with Dianne Feinstein (D-CA) to ram through one of the worst nationwide gun confiscation schemes ever devised.The gun confiscation bill, according to Paul, is designed to disarm Americans without any due process. The senators are using the recent tragic shooting in Texas as the impetus behind the lawin ...
The appointment of Robert Mueller violates the Appointments Clause of the Constitution... ·
Post Date: 2018-05-22 10:12:49 by tpaine
The appointment of Robert Mueller violates the Appointments Clause of the Constitution... MARK LEVIN·MONDAY, MAY 21, 2018 The appointment of Robert Mueller violates the Appointments Clause of the Constitution. Mueller is not an inferior appointee, but a principal appointee as understood under our constitution. His powers are more akin to an United States attorney, not an assistant United States attorney. Moreover, his boss, Deputy Attorney General Rod Rosenstein, treats him as a principal officer -- that is, Mueller is mostly free to conduct his investigation with few limits or restraints. The parameters of his appointment were extraordinarily broad in the first instance, and ...
How Trump Can Dismantle Obamacare Without Congress
Post Date: 2018-05-21 09:27:08 by Tooconservative
After more than eight years of promising to end Obamacare, Republicans in Congressdespite having control of both the House and Senatehave failed to stop this disastrous health care law. But thanks to an important provision Republicans included in the Tax Cuts and Jobs Act when they passed the law in December 2017, the Trump administration may soon have an opportunity to end Obamacare without Congress, which might force Republican congressmen to finally get their act together and pass health care legislation that would empower states and local governments and free health care markets from costly federal government mandates. As I have previously noted in several articles on ...
New Hate Crime Bill Protecting Cops Passes House Despite Clear 10th Amendment Violation
Post Date: 2018-05-18 06:52:02 by Deckard
Reason by Elizabeth Nolan Brown Protect and Serve Act passes House. File under bipartisan-is-just-another-word-for-both-sides-licking-the-same-boot: majorities of both Democrats and Republicans in the U.S. House of Representatives have voted in favor of new hate crime legislation that sets up cops as a protected class. Overall, just 35 House members voted against the bill (H.R. 5698), which isnt far from making it a federal crime to resist arrest. Under the so-called Protect and Serve Act, anyone who injures or attempts to injure a police officer will be guilty of a federal offenseno matter how small the injury and no matter if ...
Working Washington' Calls for Prosecution of Amazon.com—for Amazon's Use of Ordinary Political Tactics
Post Date: 2018-05-16 15:01:17 by tpaine
'Working Washington' Calls for Prosecution of Amazon.comfor Amazon's Use of Ordinary Political Tactics According to the group's theory, a vast range of political hardball is a crime. Eugene Volokh|May. 9, 2018 7:52 pm Washington law provides, A person is guilty of intimidating a public servant [a felony] if, by use of a threat, he or she attempts to influence a public servant's vote, opinion, decision, or other official action as a public servant. "[T]hreat" includes, alongside threats of crime and a few other kinds of conduct (such as revealing embarrassing secrets), "communicat[ing]" "the intent" (i) To bring about or ...
SCOTUS lays off online betting to states
Post Date: 2018-05-14 16:27:53 by Tooconservative
What were the odds? They turned out to be 6:3 in favor of allowing states to determine if they want legalized online gambling in their state, and the revenue that flows from it. Writing for the six-person majority in Murphy v NCAA/ NJTHA v NCAA, Justice Samuel Alito called the federal Professional and Amateur Sports Protection Act passed in 1992 a direct affront to state sovereignty: The U.S. Supreme Court acted Monday to bust Nevadas monopoly on legal sports betting, allowing more states to get in on the action and reap the tax benefits. The court, in a 6-3 ruling, struck down a federal law that required states to ban gambling on the outcome of sporting events. The ...
Secret FBI Program Now Jailing Activists for Speaking Out Against Police Brutality on Facebook
Post Date: 2018-05-11 19:48:58 by Deckard
Dallas, TX When militarized FBI agents clad in tactical gear raided the home of Rakem Balogun in December 2017forcing him and his 15-year-old son outside in their underwear on the cold and windy night as agents ransacked his residencehe thought it had to be a mistake. In an exclusive report by The Guardian, Balogun explains that he was stunned to later learn that he was under investigation for domestic terrorism and had been under law enforcement surveillance for years. Incredibly, Baloguns arrest and the FBI raid on his home were partially due to a simple, and constitutionally protected, Facebook post that was critical of police. ...
Man Protests Police Department's Violation of Speech Rights, So Cops Arrest Him
Post Date: 2018-05-11 04:56:24 by Deckard
Stamford, Connecticut, police chief objects to salty language on a sign. Thats not a crime.The chief of police of Stamford, Connecticut, personally oversaw the arrest of a protester who held a sign that criticized the police department's disrespect for freedom of speech. In April, Michael Picard staged a protest outside the Stamford courthouse with a sign that read "Fuck Free Speech Stamford PD." Picard was showing support for a buddy, Michael Friend, who had been arrested earlier that month for standing around in public holding a sign warning drivers of a police checkpoint designed to catch and ticket distracted drivers. Police ordered Friend to dump the sign. He ...
Here’s How The Supreme Court Already Repealed The Second Amendment [Full Thread]
Post Date: 2018-05-09 11:31:39 by Deckard
The Supreme Court effectively repealed the Second Amendment in District of Columbia v. Heller by restricting the amendment to common arms.In March, retired Supreme Court justice John Paul Stevens called for repealing the Second Amendment, implicitly admitting that it does what, in his dissent in District of Columbia v. Heller (2008), he pretended it does not: prohibit laws infringing the right to keep and bear arms. Why Stevens called for repeal and dissented in Heller is a mystery, however. The Second Amendment was repealed, in effect, by Hellers majority opinion. The opinion went beyond questions raised in the case and laid out a rationale by which Congress, states, and courts could ...
We’re All Trespassers Now in the Face of the Government’s Land Grabs
Post Date: 2018-05-09 10:27:56 by Deckard
No power on earth has a right to take our property from us without our consent. John Jay, first Chief Justice of the United States We have no real property rights. Think about it. That house you live in, the car you drive, the small (or not so small) acreage of land that has been passed down through your family or that you scrimped and saved to acquire, whatever money you manage to keep in your bank account after the government and its cronies have taken their first and second and third cut
none of it is safe from the governments greedy grasp. At no point do you ever have any real ownership in anything other than the clothes on your back. Everything ...
Rand Paul: Congress Moves to Give the President Unlimited War Powers
Post Date: 2018-05-07 13:16:23 by Deckard
In a TAC exclusive, the Kentucky senator warns the new AUMF is a massive abdication by the legislative branch.In the near future, Congress will debate a new Authorization for Use of Military Force (AUMF). I use the word debate lightly. So far, no hearings have been scheduled, and no testimony is likely to be heard unless something changes. Thats a shame, because this is a serious matter, and this is a deeply flawed AUMF. For some time now, Congress has abdicated its responsibility to declare war. The status quo is that we are at war anywhere and anytime the president says so. So Congressin a very Congress way of doing thingshas a solution. Instead ...
Life after Janus [compulsory union dues cast, USSC]
Post Date: 2018-05-02 10:02:22 by Tooconservative
Government unions dodged a bullet in 2016 when an eight-member Supreme Court deadlocked 44 on a case that would have ended the right of labor groups to collect fees from workers who dont want to be members. In late February 2018, with Justice Neil Gorsuch replacing the late Antonin Scalia, who died before the Court rendered the 2016 decision, the justices heard a new challenge to the compulsory fees in Janus v. AFSCME. Though the Court isnt likely to render a decision on the case until late spring, worried labor leaders, anticipating that the ruling will go against them, are scrambling to prepare for the worst: a world in which they can no longer forcibly dun workers. ...
Appeals Court: Driving Attentively While Black Isn't Probable Cause For A Traffic Stop
Post Date: 2018-05-01 10:41:07 by Deckard
from the ends-still-not-a-justification-for-the-means dept The courts have allowed police officers to engage in pretextual traffic stops. Minor moving violations -- including some that aren't actually moving violations -- have been used to engage in fishing expeditions for drugs, cash, or evidence of some other criminal activity. The Supreme Court dialed this back a bit with its Rodriguez decision, allowing pretextual stops but forcing them to end once the stop's objective is complete. When an officer hands out a citation or warning, the person is free to go, no matter how much the officer may want to ask more questions or run a drug dog around the vehicle. This hasn't ...
It’s Time For The United States To Divorce Before Things Get Dangerous
Post Date: 2018-04-10 13:25:40 by Liberator
This idea of breaking up the country may seem a bit outlandish now, but you wont think so once real domestic unrest comes to your town. When in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another
The Declaration of Independence, July 4, 1776 Divorce is hard, but its easier than cutting the brake lines on your wifes car. It is long past time for an amicable divorce of the United States of America. There is simply no common ground with the Left anymore. We are now the couple screaming at each other all night, every night as the kids hide in their room. We cannot come ...
Repealing the Second Amendment Is Easier than You Think
Post Date: 2018-03-29 06:14:36 by Deckard
03/27/2018Ryan McMakenIn Tuesday's New York Times, former Supreme Court Justice John Paul Stevens calls for a repeal of the Second Amendment, calling it a "relic of the 18th century." In response, many commentators have focused on what would be involved in repealing the amendment, noting that the formal amendment process is very costly and difficult. Amending the Constitution requires securing two-thirds majorities in both the House and the Senate and then three-fourths of the states would have to ratify the amendment.We Don't Amend the Constitution the Old-Fashioned Way AnymoreIt's true that amending the constitution the old-fashioned way is not ...
Treason and Sedition Alert: Repeal the Second Amendment
Post Date: 2018-03-27 11:16:48 by Deckard
Rarely in my lifetime have I seen the type of civic engagement schoolchildren and their supporters demonstrated in Washington and other major cities throughout the country this past Saturday. These demonstrations demand our respect. They reveal the broad public support for legislation to minimize the risk of mass killings of schoolchildren and others in our society. That support is a clear sign to lawmakers to enact legislation prohibiting civilian ownership of semiautomatic weapons, increasing the minimum age to buy a gun from 18 to 21 years old, and establishing more comprehensive background checks on all purchasers of firearms. But the demonstrators should seek more effective and ...
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