legal stuff

This category contains 65 posts

There Is No Fourteenth Amendment!

I ran across this posting on Free North Carolina.  I don’t know if I’m smart enough to do the requisite research needed to confirm or deny the premise.  But, it IS interesting!

I seem to remember a similar postulate made regarding the Sixteenth Amendment (Income Tax).

Wouldn’t it be interesting to find these premises to be true?

David Lawrence, editor of the US News and World Report, argued in late September 1957 that the Fourteenth Amendment to the US Constitution was never ratified by the requisite number of States, and is therefore null and void. This amendment-by-duress has been used since 1865 as the basis for federal intervention into the constitutionally-specified authority of the individual States, both North and South.Bernhard Thuersam,   The Great American Political Divide

The Fourteenth Amendment a Disgrace to Free Government

“A mistaken belief — that there is a valid article in the Constitution known as the “Fourteenth Amendment” — is responsible for the Supreme Court decision of 1954 and the ensuing controversy over desegregation in the public schools of America

No such amendment was ever legally ratified by three-fourths of the States of the union as required by the Constitution itself.  The so-called “Fourteenth Amendment” was dubiously proclaimed by the Secretary of State on July 20, 1868. The President shared that doubt.  There were 37 States in the union at that time, so ratification by at least 28 was necessary to make the amendment an integral part of the Constitution. Actually, only 21 States legally ratified it.

So it failed ratification.  The undisputed record, attested by official journals and the unanimous writings of historians, establishes these events as occurring in 1867 and 1868:

1. Outside the South, six States — New Jersey, Ohio, Kentucky, California, Delaware and Maryland — failed to ratify the proposed amendment.

2. In the South, ten States — Texas, Arkansas, Virginia, North Carolina, South Carolina, Georgia, Alabama, Florida, Mississippi and Louisiana — by formal action of their legislatures, rejected it under the normal processes of civil law.

3. A total of 16 legislatures out of 37 failed legally to ratify the “Fourteenth Amendment”. (…)


And, as a side note, U.S. News and World Report used to be a middle-of-the-road, well-reasoned magazine, when David Lawrence was at the helm.

He passed in 1973.

Those Men Behind The Curtain, Again


from Wirecutter


Election officials in Franklin County, Ohio are reportedly stumped over what one maintenance worker found in a dilapidated downtown Columbus warehouse earlier this week.

According to sources, Randall Prince, a Columbus-area electrical worker, was doing a routine check of his companies wiring and electrical systems when he stumbled across approximately one dozen black, sealed ballot boxes filled with thousands of Franklin County votes for Hillary Clinton and other Democrat candidates.

“No one really goes in this building. It’s mainly used for short-term storage by a commercial plumber,” Prince said.

So when Prince, who is a Trump supporter, saw several black boxes in an otherwise empty room, he went to investigate. What he found could allegedly be evidence of a massive operation designed to deliver Clinton the crucial swing state.



 Brock Townsend

Meet The Young Virginia Democrat That Registered 19 Dead People To Vote In Virginia

Via Billy

Harrisonburg Votes

Just yesterday we wrote about an FBI investigation into potential voter fraud in the critical swing state of Virginia after it was revealed that 19 dead people had recently been re-registered to vote (see “FBI Investigating More Dead People Voting In The Key Swing State Of Virginia“).  While the Washington Post caught wind of the investigation, it was not known who was behind the operation…until now.

Meet, Andrew Spieles, a student at James Madison University, and apparently “Lead Organizer” for HarrisonburgVOTES.  According to the Daily News-Record, Spieles confessed to re-registering 19 deceased Virginians to vote in the 2016 election cycle.

While this should come as a surprise to precisely 0 people, Spieles just happens to be Democrat who, accorded to a deleted FaceBook post, apparently recently ran for Caucus Chair of the Virginia Young Democrats.

It’s too bad really, sounds like Spieles had all the right “special talents” required to be very successful politician…he just forgot the most important first rule: “Don’t get caught.”  

More @ Zero Hedge
Ohio and Virginia?  Nothing to see there.  I’m certain there’s no chicanery in NY or California.  Or any other electoral heavy State.
Oh, wait!  Didn’t Jerry Brown just give the vote to FELONS?

Yep.  Nothing to see here – move along…


“Free” And “Fair” Elections

My dear friend Borepatch posts:

Control of the Presidential Election

The headline reads “Homeland Security to Take Charge of Election.” My first thought was, well, sure, they did such a great job at the airports, why not?

There’s certainly security issues with the elections, clear problems with unauthorized voting, tallies that make no sense, and the possibility that the outcome in a state could be compromised by computer.

Consolidating the election into a singe system means a single point of failure. You could easily have multiple, overlapping intrusions skewing the results and those intrusion could come from both internal and external actors.

“Those who cast the votes decide nothing. Those who count the votes decide everything.”— Josef Stalin

Let’s see…
An administration rife with corruption, political double-dealing, and outright crime, criminals (and communists) decides without input from the People or the States that they are to oversee the election.
What could possibly go wrong?

Clowns To The Left Of Me – Jokers To The Right

Maybe it’s Dopers to the left of me, Gunnies to the right…?

The Ninth Circuit Court of Appeals last week decided it was ‘ok’ to deny the Second Amendment rights of law-abiding citizens, who happened to possess State-issued medical marijuana cards!

I’m guessing, because BATFE Rules stipulate if one is ‘addicted’ to the maryjane, one is a prohibited possessor.  Because while many States have medical mj in place, and some have legalized or decriminalized it’s possession, it’s still against Federal law.


I’ve met some folks who might have medical mj cards.  And might own firearms.  Who are generally responsible citizens.

As a side note, the same day the Administration reported they are NOT removing mj from the rolls as a Schedule 1 substance, was the same day the President’s daughter was reported smoking a joint.

Tough Love?

And, of course, the President himself has been pictured in his youth doing mj and admitted using cocaine.  What’s good for the goose is not good for his daughter?  Isn’t he in close proximity of many firearms?

I remain a libertarian (small L).  As such, I condemn drug laws for adults.  As the Left is fond of intoning it’s YOUR body!  If you want to eat, shoot, snort (rub-into-your-belly or whatever – G. Carlin) something, it’s your choice!

And just because someone tokes once-in-a-while, should that prohibit them from possessing a firearm?  Even if they are doing so LEGALLY in their State?

How many gun folks do you know who drink more than the legally-approved quantity of alcohol and carry?  I would guess more than one…

A Right is a Right is a Right.  What you put in your body or what you use to protect it should not be up to government bureaucrats!

A Modest Bleg II

Here I am, in year FOUR of renting a room, having lost my home due to income reduction, as a result of illness resulting in my going on disability.

I know, everyone has their difficulties. 🙂

I still have boxes of STUFF that need unpacking, because I have even less real estate than my 740 sq.ft. home.

And it occurred to me that as I obviously didn’t have the NEED for this stuff during the past four years, perhaps a good idea would be to SELL IT!


What’s wrong (or more correctly, difficult) is which method of sale? 

There are so many from which to choose – OfferUp, Etsy, EBay, Backpage, the blogosphere, ad infinitum ad nauseum!

Some local (requiring meeting in person or delivery), some national (requiring shipping, etc.)  And some of the STUFF may have legal restrictions placed upon it by EBay, fire and police, etc. (reloading materials, ‘firearms-related’ stuff…)

NONE ARE FIREARMS!  (Jus’ sayin’)

So, what do you guys recommend?  Some local, some shipped, depending on the particulars?

I’ve been told I cannot use my WordPress blog to sell stuff as it’s against their policy?  And EBay is weird about what they will allow that is firearms-related:  holsters yes, primers no.

Ideas, suggestions?

I’ve some left-handed holsters, reloading components and parts (brass polisher, primer tubes – Dillon etc. – no press), gun cases, pistol stocks, (maybe) some ammo.  Once I inventory the specifics, I’ll send a comprehensive list to a couple local folks who previously expressed interest (because fair is fair), then post the remaining stuff wherever.

And put a link or links here, if permitted.

Thank you in advance.

Knock On Any Door

I’ve often written regarding the windshield time and shoe leather expended during my tenure as a private investigator.  This is definitely a shoe leather story.

One of the items TV cop and PI shows do not expand upon is the time expended.  Especially if the investigation in is the pre-Internet era.  Of course, even in today’s CSI-oriented procedural shows, time remains a factor.  Collect fluids for the lab – DNA results back after the commercial.  Easy-peasy.

In the real world it’s like a minimum of six weeks.  Would definitely put a damper on the 44 minute long hour show!

So, here I am, in the Fall, in N.W. Phoenix.  Not the oppressive heat of July, but not January, either.  Canvassing a neighborhood.  On foot.

Three, four fairly long neighborhood streets.  Middle-income, mixed ethnicity, probably 3/4 White. (IOW, NOT the ghetto, the barrio or the projects).  THANK YOU GOD!

Regardless, still laborious.  Lots of walking.  Keeping track of each household by address. By name if possible.  Returning to empty homes to try to catch folks who had returned.  Or get a name off the mailbox (or the mail) for a telephone call later.

All because at the end of one of the blocks, one neighbor’s dog (German shepherd, pit bull, I don’t remember) had broken through the horizontal-wood fence separating the yards and attacked neighborhood kids, seriously injuring one.

Did anyone witness the attack?  Or the aftermath?  Or someone taunting the dog?  Do you know any witnesses with whom I could speak?

As if most of the neighbors were in one or the other of the fenced back yards…

Due diligence was still necessary.

I walked and walked.  Knocked on a lot of doors.  Rang a lot of doorbells.  Received little information.  From this procedure (which took two afternoons and two evenings, by myself) or the follow-up telephone calls.

I remember one household.  Across the street from the feuding neighbors.  Had Mexican immigrants therein, all of whom had to fill the doorway when the person answering announced (to no one in particular) INVESTIGATOR! (een-ves-ti-ga-tor’).  Little English and even less information.

Most folks knew bupkis.  Some has their own opinions and theories – even if they hadn’t know of the event before I spoke with them!  Others offered information on other torts, crimes, events and neighbors.

As if I cared.

Eventually, I gathered up the big collection of negative data and coalesced it into a big report, signifying nothing.

I’m certain the lawsuit was eventually settled between the various homeowner’s insurances involved.  And their attorneys.

And my boss got a cut of one attorney’s fees.  I got my usually hourly wage, sore feet and worn-out shoes.  Pretty sure I didn’t make enough for a new pair, or even resoling.

Ah!  The thrilling life of a private investigator. 🙂

Hey! Rights Ain’t Dead, Yet!

This, courtesy of Wirecutter

For the first time, a federal judge has suppressed evidence obtained without a warrant by U.S. law enforcement using a stingray, a surveillance device that can trick suspects’ cell phones into revealing their locations.

U.S. District Judge William Pauley in Manhattan on Tuesday ruled that defendant Raymond Lambis’ rights were violated when the U.S. Drug Enforcement Administration used such a device without a warrant to find his Washington Heights apartment.

The DEA had used a stingray to identify Lambis’ apartment as the most likely location of a cell phone identified during a drug-trafficking probe. Pauley said doing so constituted an unreasonable search.


If you are keeping score, that’s the anti-constitutional Statist bastards – 356

Liberty and Freedom – 3


Hasn’t Anyone Read the Democrats Sit-In Bill? OMG

From Alan Korwin’s email this morning, in part…

The Infamous No-Fly No-Buy Gun Bill HR 2578:

“Blatant Rape of the Constitution.”

— Legislators who proposed this should be removed from office —

Has anyone even read the bill that had democrats
staging a sit-in on the floor of Congress?

“No district court of the United States
or court of appeals of the United States
shall have jurisdiction to consider the
lawfulness or constitutionality of this section…”

It gets worse.

Under the excuse of fighting terrorism, these democrats, with republican allies, wanted to deny Americans their individual rights to travel by air — or obtain arms — without probable cause, without due process, and get this — without being able to view the evidence against them or face their accusers. Their accusers and the evidence remains a secret. Your rights would be denied solely by a secret-police list.

You can’t challenge the proposed law’s legality… because it hasn’t got any. It would not pass even the slightest scrutiny, and they know that, hence that clause above in bold. My republican senator from Arizona, Jeff Flake, supports this, smiling when he announced it on TV.

The people proposing this 17-page tyrannical travesty should be removed from office.

And THIS STATIST CLOWN is the more ‘conservative’ of Arizona’a two Senators!  (The other being McCain!)  Barry Goldwater must be spinning in his grave!

Even if you are not from Arizona, please contact this guy’s office in protest! (link below)

Senator Jeff Flake

(I have – THREE TIMES!)


(And, now for something completely different – as promised)
I would ask all of you bloggers out there to at least make the effort to post a link to


Even ONE of these heroes making this choice is unacceptable! (Day #22 of 22)

Every Tragedy Has A Lesson

Peter (aka Bayou Renaissance Man) has a well thought out post regarding the terrorist attack in Florida, and personal response.  (Link Here)  Because group response after-the-fact is rarely efficient or just! (more gun control?!)

(In part:)

We’ve discussed terror attacks like that last night at the Pulse nightclub in Orlando on numerous occasions in these pages.  Suffice it to say that anyone with two brain cells to rub together knew that something like this was coming.  Furthermore, it won’t be an isolated event.  More such attacks will follow.  Our terrorist enemies have already promised that – and every time they’ve made that promise, they’ve kept it.  We know they’re coming.  The question is, are we – we as individuals, not just as a society – prepared to do something about it?

There is much more in his post.  Please, educate yourself and go read it!  (You should be reading Peter daily, regardless!)

He concludes asking what lessons WE have learned(?)

Here is the comment I humbly left:


Something I am already doing, barring the interference of metal detectors.
Just signage? Ignore it.

Easy Peasy.

Now, I’m not advocating violating any law.  HOWEVER, this is truly a personal choice.  Better to be tried by twelve, than buried by six?


(And, now for something completely different – as promised)
I would ask all of you bloggers out there to at least make the effort to post a link to


Even ONE of these heroes making this choice is unacceptable! (Day #10 of 22)

You Cannot Put The Jeannie Back In The Bottle!

…or, the Gene.

A transgender school teacher has been given a payout of $60,000 after complaining of being harassed by colleagues for over a year who allegedly “misgendered” her, despite an official investigation stating otherwise.

Leo Soell, who works as a fifth grade teacher at Gresham-Barlow school in Oregon, submitted a complaint to Oregon district officials that she had been “harassed” by colleagues after coming out as transgender last September.

In the complaint, she claimed that her co-workers continually called her “she,” “lady,” and “Miss Soell,” while other staff had conspired to stop her using a gender neutral bathroom, despite the school hosting an hour long training session on transgender issues.

Last I heard, true ‘transgender’ folks comprise something like 0.03% of the population.  These are persons who have a non-standard chromosomal makeup and feel the need to do ‘something’ about it.  Like have reassignment surgery.
THEN, there are others (percentage unknown) who because of confusion, trauma, abuse, mental illness or just because, feel the need to identify as another gender.
These folks need help, not enabling!
But, the federal government, in it’s infinite wisdom, has decided these people can self-identify.  And change their self-identity as often as they want.
And, apparently take legal action when they see fit.
The genii is out of the bottle, my friends!  Sorry, wrong metaphor.
Pandora’s box?

h/t (in part) Free North Carolina

"Round up the usual suspects."

In Loving Memory…