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Constitution

This tag is associated with 39 posts

Say WHAT?

aka ¿Que?

Federal Judge Says No Second Amendment Right To Own Firearms

Federal Judge Kimberly J. Mueller, an Obama appointee, said in a decision on Thursday that the Second Amendment does not apply to firearms.

You should really go and read the whole thing.  Bring your airsick bag.

The judge is an Obama appointee.

Quelle surprise.

Let’s see…The President of The United States, who was previously titled as a ‘Constitutional Law Professor’ (spits at the incredulity), appoints a like-minded sycophant to the bench, who doles out ridiculous tripe like this to further the progressive agenda of civilian disarmament.

I know The President’s school records are sealed.  (This from the most open administration, ever!)  Have any of his former students come forward to explain that while he was left-of-center, he taught about Separation of Powers, limitations on the Executive, and reverence for the U.S. Constitution?

Or was he so good that he produced 100% sycophancy?

I wonder how this judge ever made it through grade school, much less college and law school!

h/t  Maddened Fowl

The Imperial Presidency

For years, it was pointed out that Richard Nixon believed he was an imperial president.  He even made statements to the press in that regard.

And the Democrats ran with that.

And sometimes won.

Now, we have one of the current President’s closest advisors making this assertion…

Valerie Jarrett: Americans ‘hungry’ for Obama to act like an imperial president

With regard to the State Of The Union Address, Ms. Jarrett stated the following  (in part):

On Tuesday, White House Senior Adviser Valerie Jarrett told MSNBC’s “Morning Joe” that Americans are “hungry” for Obama to take unilateral action, bypassing Congress wherever he can to get things done, CNS News reported.

“People around our country are hungry for action,” she said. “And what you’ll hear from the president tonight is going to be all about action — creating opportunity — and it’s going to be a very optimistic speech.”

According to Jarrett, Obama will “set forth very specific, concrete proposals that he thinks will move our country forward — create opportunity for hard-working Americans who want to succeed.”

Although Obama will prod Congress to act on his agenda, Jarrett said Obama “will make clear tonight that he will take action on his own,” bypassing Congress when he sees fit.

Seriously?

Can we invoke Nixon now?

I can only speak for me, but I don’t want a President from any party “bypassing Congress when he sees fit.”

Or she.

obamanixon{{{shudders}}}

I’m not that hungry.

The Social Contract

I mentioned John Locke (author of The Social Contract, philosopher extraordinaire, and unwitting mentor to Thomas Jefferson) in this blog the other day.

Then, quite serendipitously, I took note on an early blog post by Joel

I haven’t read this blog, The Art of Not Being Governed, very extensively so if it turns out to be a neonazi or everytown front, don’t blame me, okay? But so far I’m enjoying it.

It’s got a recurring feature called Statist Fallacies, basic stuff but pretty good so far. Here’s a lovely take-down on the mossy old “social contract,” which TUAK readers probably know is a particular bugaboo of mine.
spooner-didnt-sign-shit
Enjoy. I’m going out to play now.

I’d forgotten about Joel’s distaste for ‘the concept of The Social Contract’.  So I thought WTH?

Libertarian, statist and sovereign citizen alike - what do you gentle readers think about this?

Bueller, Bueller?

Negative And Positive Spin On Pending National CCW Legislation

First a NEGATIVE, in part…

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Tenth Amendment to the Constitution of the United States

From time to time I read about proposals for a national law requiring reciprocity of concealed carry permits between the states. The most recent example is the Constitutional Concealed Carry Reciprocity Act, introduced by Senator John Cornyn, R-TX.

Sadly, I have some bad news about this proposal, and about a national CCW reciprocity law in general: It would be unconstitutional under the Tenth Amendment.  (Fill Yer Hands)

Second, a POSITIVE response, in the comments…

14th Amendment.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Simply declare that the Right to Keep and Bear Arms is a fundamental right, that denial of the right to carry a firearm for lawful self defense is denial of liberty, and that this law is passed under Congress’s 14th Amendment power to enforce, by appropriate legislation, the liberties of our citizens.  (Sean D. Sorrentino)

I believe Sean with the Internets with this one!

Of course, I’m certain the federal government probably disagrees with both gentlemen’s assessments.

Especially, that constitutional law professor in The White House.

Worst Congress EVUH!

Hardly.

While they certainly do not bring points for the most civil, moral or efficient.  Or Constitutionally libertarian.  They are definitely not the WORST!

Exhibit One (courtesy of Cato @ Liberty)

The 31st Congress, which passed the Fugitive Slave Act in 1850

The 5th Congress, which passed the Alien and Sedition Acts in 1798

The 21st Congress, which passed the Indian Removal Act in 1830

The 77th Congress, which passed Public Law 503, codifying President Franklin D. Roosevelt’s Executive Order 9066 authorizing the internment of Japanese, German, and Italian Americans, in 1942

The 65th Congress, which passed the Eighteenth Amendment (Prohibition), the Espionage Act, and the Selective Service Act, and entered World War I, all in 1917

And let us not forget the rubber stamping of Constitutional Amendments changing election of Senators to popular vote (effectively eliminating State Power and increasing Federal Power) and creation of The Federal Income Tax, AND the National Firearms Act, Gun Control Act and Assault Weapons Ban.  AND, The Patriot Act and her illegitimate children.

I could go on.  And on.

Why do they insist on being called LAWMAKERS?  Shouldn’t they MODERATE and ADJUST for REMOVAL of Laws, not just add to them?

Sneaky Congressional BASTARDS!

But, I repeat myself.

Executive branch granted virtually unlimited access to the communications of every American

When I learned that the Intelligence Authorization Act for FY 2015 was being rushed to the floor for a vote—with little debate and only a voice vote expected (i.e., simply declared “passed” with almost nobody in the room)—I asked my legislative staff to quickly review the bill for unusual language. What they discovered is one of the most egregious sections of law I’ve encountered during my time as a representative: It grants the executive branch virtually unlimited access to the communications of every American.

On Wednesday afternoon, I went to the House floor to demand a roll call vote on the bill so that everyone’s vote would have to be recorded. I also sent the letter below to every representative.

With more time to spread the word, we would have stopped this bill, which passed 325-100. Thanks to the 99 other representatives—44 Republicans and 55 Democrats—who voted to protect our rights and uphold the Constitution. And thanks to my incredibly talented staff.

Oops, they did it again!

“The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”

Is the above even passingly familiar to ANYONE?

h/t Brock Townsend

 

For Those Who Postulate EVIL Doesn’t Exist…

Police: 3-year-old hung up by feet, beaten, killed in Chester County

If you have read this blog at all, you know I believe in the rule of law, The Constitution and Bill of Rights, yatta, yatta, yatta…

But these folks need to be drawn and quartered, as slowly as possible.

Speaking as someone who lost a child, and would give anything to have her be here, healthy and well, these people deserve much worse than the system will undoubtedly dole out.

Guess that makes me a hypocrite.

That is all…

h/t Alphecca

Don’t Sugar Coat It!

…tell us what you REALLY think!

aka MADISON’S NIGHTMARE

(from Cold Fury, in part)

Moreover, as Madison and Hamilton took for granted in The Federalist Papers, which they wrote (with five by John Jay) to urge ratification of the Constitution, taxes would chiefly take the form of import duties or excises on such commodities as whiskey—and these taxes, Hamilton asserted, were naturally self-limiting because if they grew excessive, people would stop buying the overtaxed article, and overall tax revenues would fall. In the unlikely event of an imposition of any direct tax on everybody, or on citizens’ land or wealth, as opposed to these indirect levies, Article I, Section 9 of the Constitution required that it be levied equally or proportionally, though scholars debate the meaning of that clause. But one thing the Framers never dreamed of was a tax on incomes. And for generations, they were right.

But in 1913, after 20 years of Progressive-era agitation, the Sixteenth Amendment, passed by Congress in 1909, won ratification. It imposed a graduated income tax—a direct tax that did not fall proportionally on all. Indirect taxes such as import duties and excise taxes, the argument went, fell disproportionately on the poor and provided too unpredictable a revenue stream to a federal government that Americans increasingly thought needed strengthening. Though the income-tax rates were but 1 percent for incomes up to $483,826, rising to a modest 7 percent on incomes over $11.6 million, the now-constitutional machinery for the tyranny of the majority that Madison had feared was fired up and ready to confiscate wealth as surely as the Stamp Act confiscated property. And since in 1913, the Seventeenth Amendment—instituting direct popular election of senators—also won ratification, the upper house no longer served, even theoretically, as a brake on the passions of the people.

Today, Madison’s nightmare has become America’s everyday reality.

And, remember folks, 1913 was 101 years ago.

What has happened governmentally in the past 100+ years that has been detrimental to this Constitutional Republic?

I’m thinking A LOT!

Go to the link to see the whole thing.

“I’m Not Crazy! YOU’RE Crazy!

Firehand bring us this from La La Land…

Under the proposed law, California gun owners could face a loss of their Second Amendment gun rights and confiscation of their firearms without prior warning. The proposed law allows the government up to two weeks following the issuance of a restraining order to set a hearing in which the subject of the order could argue for the reinstatement of their Second Amendment rights and return of any firearms seized.

“The subject of a restraining order and confiscation warrant may not even know they have been accused until there’s a SWAT team at their door.”

According to the bill’s text, courts would be required to issue a restraining order if a person–who doesn’t even have to know the target of the ordersubmits a form saying that a gun owner “poses a significant risk of personal injury to himself, herself, or others by owning or possessing” guns. (emphasis Guffaw)

Hey great!  Fink on family, friends, neighbors – that annoying bastard down-the-street (or in the mall) to whom you took a dislike and decided they should be forced to give up their rights and guns without due process (or the Constitutional ability to face their accuser)…

And then they are given an opportunity to defend themselves up to two weeks after the fact to take the matter to court!

YES!  We can all be mental health ‘professionals’ properly assessing the mental state of anyone; able to deprive them of their rights for any reason!

Just fill out this form.

Yeah…Right…

Educated Further Regarding Dr. Franklin…

franklinTruly a Renaissance Man in the Age of Enlightenment!

Kerodin educated me further on him, to wit:

KIEV, Ukraine (AP) — The mayor of Ukraine’s second-largest city was shot in the back and pro-Russia insurgents seized more government buildings Monday as the U.S. hit Russia with more sanctions for allegedly fomenting the unrest in eastern Ukraine.

Impeachment is a recent invention, brought to our Founding Documents by Benjamin Franklin.  Until Mr. Franklin offered the concept, there were only two options for dealing with politicians/tyrants who violated their mandate – tolerate it, or kill them.  My thanks to CA for sharing that history with me a few years ago.

Mr. Kerodin goes on to expound on this with some ideas which may be repellent to some.  Obviously, you may visit the link above and draw your own conclusions.

I hate to mention or quote such a vile figure as Mao, but,

Political power grows out of the barrel of a gun.

"One morning I shot an elephant in my pajamas - how he got in my pajamas I dunno!" - Groucho Marx as Captain Spaulding in Animal Crackers

This election is not about who gets voted off the island.
It’s about who is at the tiller of this Republic’s Ship of State. - Guffaw

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The Four Rules

1. ALL GUNS ARE ALWAYS LOADED.

2. NEVER POINT YOUR MUZZLE AT SOMETHING YOU ARE NOT WILLING TO DESTROY.

3. KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET AND YOU ARE READY TO SHOOT.

4. KNOW YOUR TARGET AND WHAT'S BEYOND.

Certified EVIL!

FEAR

"I must not fear. Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain." - Bene Gesserit, from Frank Herbert's Dune

Penn Jillette

“F**k Civility. Hyperbole, passion, and metaphor are beautiful parts of rhetoric. The marketplace of ideas cannot be toned down for the insane.” - Penn Jillette

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