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Latest Articles: U.S. Constitution
Appellate Court Rules Government Officials Opening Meetings With Prayer Is Unconstitutional
Post Date: 2017-07-16 16:13:17 by cranky
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RICHMOND, VA — The United States Court of Appeals for the Fourth Circuit issued a 10-5 decision on Friday ruling that Rowan County, N.C., county commissioners cannot begin official sessions with prayer, the First Liberty Institute announced following the decision. First Liberty represents the county and expressed disappointment that the court ignored precedent in the Supreme Court’s Town of Greece v. Galloway decision that deemed an opening prayer for legislative bodies acceptable under the Constitution. “While we are disappointed in the Fourth Circuit’s decision to ban invocations before legislative meetings contrary to Supreme Court precedent, we are encouraged that ...
Hellraiser: First Satanic Monument on U.S. Public Property Being Erected
Post Date: 2017-07-13 09:04:58 by Hondo68
7 Comments
Some firsts tell us we may be in our last days. A good example is what’s billed as our country’s first satanic monument on public property (shown). The handiwork of some Massachusetts Satanists, it was approved in May for The Satanic Temple and will be erected in the Veterans Memorial Park in Belle Plaine, Minnesota. The Daily Caller provides some more background: The Satanic Temple’s efforts to gain approval for a Satanic monument in the park started, ironically, with a Christian monument’s installation. The Freedom From Religion Foundation filed a complaint about the monument, which featured a soldier kneeling before a cross. The city of Belle Plaine ordered the ...
Tom Coburn: We Will Get 34 States for Article V Constitutional Convention to Drain the Swamp
Post Date: 2017-07-06 16:38:59 by cranky
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Tom Coburn, former Republican senator from Oklahoma, talked about his new book, Smashing the DC Monopoly: Using Article V to Restore Freedom and Stop Runaway Government, on Thursday’s Breitbart News Daily. Coburn explained to SiriusXM host Alex Marlow that the “D.C. monopoly” of the title refers to Washington’s outsized role in making decisions for states, municipalities, and even individual citizens. “In New York State, Oklahoma, Kansas, and every other state, if you look at the money raised in-state, an unelected federal bureaucrat tells you how to spend 60 percent of it – how you must spend 60 percent of it, and what the rules are,” he explained. He ...
Judge to Florida Legislators: Only ‘Courts’ Can Expand Stand Your Ground
Post Date: 2017-07-05 07:21:22 by cranky
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Miami-Dade Circuit Court Judge Milton Hirsch ruled against Florida’s newly expanded stand your ground provision, declaring that authority to expand the law lies with “courts” rather than legislators. Gov. Rick Scott (R) signed the legislation to expand stand your ground on June 9, 2017. Breitbart News reported that the expansions put the onus on the state by forcing prosecutors to disprove a stand your ground claim in a pretrial hearing. In other words, the expansions were designed to guarantee that Floridians who used lethal force under duress were presumed innocent until proven guilty. Reuters reports that Judge Hirsch ruled the expanded stand your ground law ...
Liberal Nightmares Come True as Gorsuch Begins to Cast SCOTUS Votes
Post Date: 2017-06-27 12:43:54 by Tooconservative
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Two Supreme Court actions today have served to pretty much confirm what liberals had feared and conservatives were terrified to hope which is that newly appointed Supreme Court Associate Justice Neil Gorsuch is a conservative in the tradition of Antonin Scalia. In a concurrence to the Trinity Lutheran case, he says the court did not go far enough in protecting religious freedom from government interference. Keep in mind this is a case that caused the half wit wise Latina, Sonia Sotomayor, to read her dissent from the bench with duct tape wrapped around her head. In the second case, Gorsuch would have lifted all the lower court injunctions against President Trump’s ban on travel to the ...
SCOTUS Lets Ruling Stand Protecting Second Amendment Rights Following Non-Serious Misdemeanors
Post Date: 2017-06-26 18:32:11 by cranky
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On Monday the Supreme Court of the United States (SCOTUS) let stand a Third U.S. Circuit Court of Appeals in Pennsylvania ruling which protects Second Amendment rights following non-serious misdemeanor convictions. The issue revolved around Binderup v. the U.S. Attorney General, a case brought by the Second Amendment Foundation (SAF) on behalf of Daniel Binderup. He “pleaded guilty in 1996 to a misdemeanor charge related to a consensual relationship he had with a 17-year-old female employee,” receiving “three years’ probation and a $300 fine.” Since the crime could have resulted in jail time of over one year–triggering a “federal gun law blocks firearms ...
Supreme Court backs church in major religious rights case that will lift an outright ban on state funding
Post Date: 2017-06-26 18:03:42 by cranky
1 Comments
The justices, in a 7-2 ruling, sided with a Missouri church that had been denied state funding for a playground improvement project Conservative Chief Justice John Roberts said the exclusion of Trinity Lutheran Church 'solely because it is a church, is odious to our Constitution'Three-quarters of the U.S. states have provisions similar to Missouri's barring funding for religious entities Liberal Justice Sonia Sotomayor wrote a dissenting opinion saying the court had swept away legal precedents that allow for limits on state funding of churches Churches and other religious entities cannot be flatly barred public money even in states where constitutions explicitly ban such ...
Trump Can Win Travel Ban Case at Supreme Court Simply by Enforcing It
Post Date: 2017-06-26 14:44:29 by cranky
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Monday’s decision by the U.S. Supreme Court to lift the injunction against most of President Donald Trump’s “travel ban” is a major victory — and not just because he will be able to implement the policy, but because the case is only scheduled to be heard in the fall, i.e. in October at the earliest. Because most of the controversial provisions of the executive order only last 90 days, Trump it could be fully implemented before the Court hears the case. The Court is prevented from hearing disputes that are already moot. There must be an active case or controversy in order for challenges to the executive order to be heard. The second version of Trump’s ...
Supreme Court Orders States to List Same-Sex Parents on Birth Certificates; Gorsuch Dissents
Post Date: 2017-06-26 14:23:26 by cranky
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Supreme Court Orders States to List Same-Sex Parents on Birth Certificates; Gorsuch Dissents On Monday, the Supreme Court ruled that the Constitution requires states to list married same-sex couples on their children’s birth certificate. The per curiam decision marks a landmark victory for gay rights, confirming that the court’s decision in Obergefell v. Hodges protects all rights relating to marriage, not simply the recognition of marriage itself. In Obergefell, the court held that the Due Process and Equal Protection clauses of the 14th Amendment require states to extend marriage rights to same-sex couples “on the same terms and conditions as opposite-sex couples.” ...
Women can't revoke consent to sex once underway, NC law states
Post Date: 2017-06-24 09:07:51 by cranky
21 Comments
You hear the phrase 'no means no' thrown around when it comes to a woman's ability to protect herself from unwanted sexual advances, but in the state of North Carolina - no doesn't always mean no.The Fayetteville Observer recently posted a story about a teenage girl who said she was at a party when a man pulled her into a bathroom to have sex. She initially consented, but told police when the sex turned violent, she told the man to stop. And he didn't.The North Carolina Supreme Court ruled in 1979, in State v. Way, that women cannot revoke consent after sexual intercourse begins. State v. Way (297 N.C. 293) states that if [intercourse begins] with the victim's ...
Supreme Court Strikes Down Ban on ‘Racially Disparaging’ Trademarks
Post Date: 2017-06-19 18:18:34 by cranky
7 Comments
The Supreme Court affirmed the Court of Appeals for the Federal Circuit Monday, holding that a law prohibiting “disparaging” trademarks violates the First Amendment. The unanimous Court in Matal v. Tam struck down a provision of the Lanham Act, the main law on trademarks, that barred the Patent and Trademark Office from issuing any trademark protections to marks that “may disparage … persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute.” This case concerned a rock band called the “The Slants,” a reference to the racial slur for Asians. When Simon Tam, the band’s Asian-American frontman, tried ...
Longmont Housing Authority invited police to search low-income apartments without warrants
Post Date: 2017-06-08 10:09:49 by Deckard
1 Comments
LONGMONT, COLO. - Some powerful people in Longmont appear to have forgotten that the Constitution still exists.The Longmont Housing Authority says it was using the homes of low-income residents to train police drug dogs. There weren’t warrants, but simply a notice that the landlord was coming, and a police officer and drug dog would be there, too.The letter to residents of The Suites low-income housing community starts with standard stuff, notifying them of an inspection. That's what landlords across Colorado do. The Sutites, a low-income housing community in Longmont less Then it mentions the police officer and drug dog. Nowhere in the letter are residents told that while they ...
Woman left with life-threatening heart condition after parents chose prayer over medical treatment
Post Date: 2017-06-01 20:07:14 by Willie Green
11 Comments
Mariah Walton was diagnosed with congential heart disease aged 18Mariah Walton says parents and guardians in Idaho should be required by law to treat ill children. Screenshot from KTVB footage A woman whose life is threatened by heart and lung complications was left permanently disabled after her parents rejected medical treatment and prayed for her recovery instead. Mariah Walton was born with a small hole in her heart, which could have been repaired in early life, but is now in and out of hospital for her condition, which has become life-threatening. The 21-year-old and her siblings, from the US state of Idaho, are now campaigning for a change in the law so parents such as theirs who ...
Law Enforcement 'Training And Expertise' On Parade!
Post Date: 2017-05-26 08:47:00 by Deckard
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from the all-the-ineptitude-that's-fit-to-print dept This is just a periodic reminder that these are the sort of people whose "experience" and "expertise" are routinely granted massive amounts of deference by judges (and stenographers pretending to be journalists). Warrant affidavits providing more detail about the requesting officer's law enforcement career than the target of the search are often rubberstamped into actionable pieces of paper. (But not always!) And yet, these experienced experts look far more mortal when their actions are given something more than a cursory examination. Exhibit A: the Odessa PD's crack team of trained experts who ...
4th Circuit Court Ruling Keeps Trump's Travel Ban On Hold
Post Date: 2017-05-25 16:28:33 by misterwhite
10 Comments
The 4th U.S. Circuit Court of Appeals has ruled that President Trump's controversial travel ban should be kept on hold, maintaining a nationwide preliminary injunction that blocks key elements of the executive order from being enforced. A 13-judge panel of the court heard arguments over the ban earlier this month. In Thursday's decision, the chief judge writes that the travel ban "drips with religious intolerance, animus, and discrimination." Trump has signed two executive orders restricting travelers from a handful of majority-Muslim countries and putting a temporary moratorium on refugees. The first prompted chaos and was swiftly challenged in court. It was replaced by ...
Hawaii Lawyer: Trump Exec Order Violates 1st Amendment Because Honor Killings Are Islamic
Post Date: 2017-05-15 16:11:35 by cranky
3 Comments
The lawyer representing the State of Hawaii in the U.S. Court of Appeals for the Ninth Circuit today has stated the collection of data with regards honor killings should be removed from President Trump’s Executive Order in order to “pass constitutional muster”. In his arguments, Neal Katyal stated today that the collection of such data as outlined by the Executive Order 13780 contravenes the Establishment Clause, in the First Amendment of the Constitution of the United States: “Congress shall make no law respecting an establishment of religion…”. In doing so, Katyal appears to be making the case that honor killings — murder committed in the name of ...
Carrying a Gun Does Not Justify Detention, Indiana Supreme Court Says
Post Date: 2017-05-12 12:48:13 by Deckard
15 Comments
Since possessing a firearm in public may be perfectly legal, more is required for a police stop.In a victory for Second and Fourth amendment rights, the Indiana Supreme Court ruled this week that public possession of a handgun is not enough, by itself, to justify stopping and questioning someone. That conclusion is consistent with what the U.S. Supreme Court has said about the "reasonable suspicion" that police need to detain people. The case, Pinner v. Indiana, began with a call to Indianapolis police by a taxi driver who reported that "a black male wearing a blue jacket," accompanied by a "black female with blonde hair," had dropped a gun as he was getting ...
FBI Releases 'Study' Of Law Enforcement's Persecution Complex
Post Date: 2017-05-12 11:36:23 by Deckard
1 Comments
from the less-work,-more-griping dept In what may be an attempt to bolster now ex-FBI director James Comey's oft-derided "Ferguson Effect" claims, the FBI has released a "study" that gathers facts feelings from law enforcement officers around the US and attempts to build a narrative somewhere between "life is unfair" and "there's a War on Cops." It's not a study. It's an opinion poll with the word "study" appended to it. In short, the Ferguson Effect theory is this: cops are afraid to do their jobs because they're undergoing intense scrutiny in the wake of controversial shootings. It's bullshit, but there are ...
Latest Attack On A Free Press: Reporter Arrested For Asking Questions To Trump Administration Officials
Post Date: 2017-05-12 11:28:16 by Deckard
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from the um-what? deptAnother day, another attack on a free press. The latest: a long-time reporter, Daniel Heyman, of the Public News Service in West Virginia was arrested for asking questions of Trump administration officials. Heyman yelled some questions to Health & Human Services Director Tom Price along with White House senior advisor Kellyanne Conway: Daniel Ralph Heyman, 54, with the Public News Service of West Virginia, was freed on $5,000 bond Tuesday night on a charge of "willful disruption of government processes," according to a criminal complaint. “The above defendant was aggressively breaching the secret service agents to the point where the agents were ...
Shot clock on regulation repeal running out -- or is it? [Congressional Review Act]
Post Date: 2017-05-10 00:26:09 by Tooconservative
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The renewed Republican control of Washington DC has produced one unique outcome — an unprecedented use of the Congressional Review Act. Congress passed the CRA in 1996 as a legislative veto on regulations passed within a particular time frame, but it had been used previously only once (in 2001) for a single regulation on ergonomic mandates. Since January, though, Congress has repealed 14 lame-duck regulations issued by the Barack Obama administration, fulfilling campaign promises made over the final months of the 2016 election cycle. That’s as far as it goes, Politico’s Alex Guillen reported on Sunday. The time limit on review of new regulations will expire on midnight ...
Priebus admits Trump has looked into changing the First Amendment
Post Date: 2017-05-01 10:40:02 by Willie Green
4 Comments
White House Chief of Staff Reince Priebus admitted during a Sunday morning interview with ABC's Jonathan Karl that the Trump administration has "looked at" a constitutional amendment to free speech protections. Karl sought to clarify President Trump's tweet that "the failing New York Times has disgraced the media world. Gotten me wrong for two solid years. Change the libel laws?" "That would require, as I understand it, a constitutional amendment," Karl said. "Is he really going to pursue that? Is that something he wants to pursue?" "I think it's something we've looked at," Priebus replied in the affirmative. "How that ...
Gorsuch Puts Down the Left’s Serial Rapist
Post Date: 2017-04-27 11:42:40 by Tooconservative
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A few months after lefty activists crowded Washington D.C. for the Women’s March, activists from many of those same organizations went to bat for a serial rapist and murderer. Ledell Lee’s victims were all women. While he was on trial for the rape and murder of Debra Reese, the testimony of three of his rape victims was presented. Lee had made a habit of knocking on doors and asking to borrow some tools to see whether a woman’s husband might be home. Debra Reese called her mother and told her that a strange man had tried to borrow some tools. A few minutes later, Ledell Lee had beaten her to death with a tire thumper. Marks on her neck showed that the former baby ...
The Iron Jaws of the Police State: Trump’s America Is a Constitution-Free Zone
Post Date: 2017-04-27 05:27:20 by Deckard
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“Policing is broken... It has evolved as a paramilitary, bureaucratic, organizational arrangement that distances police officers from the communities they’ve been sworn to protect and serve. When we have shooting after shooting after shooting that most people would define as at least questionable, it’s time to look, not just at a few bad apples, but the barrel. And I’m convinced that it is the barrel that is rotted.”— Norm Stamper, former Seattle police chief Please. Somebody give Attorney General Jeff Sessions a copy of the Constitution. And while you’re at it, get a copy to President Trump, too. In fact, you might want to share a copy with the ...
U.S. chief justice alarmed at Trump administration immigration case stance
Post Date: 2017-04-26 20:03:53 by cranky
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FILE PHOTO: U.S. Supreme Court Chief Justice John Roberts speaks at the dedication of the Smithsonian's National Museum of African American History and Culture in Washington, U.S., September 24, 2016.U.S. Chief Justice John Roberts took issue on Wednesday with the Trump administration's stance in an immigration case, saying it could make it too easy for the government to strip people of citizenship for lying about minor infractions. Roberts and other Supreme Court justices indicated support for a deported ethnic Serb immigrant named Divna Maslenjak over her bid to regain her U.S. citizenship after it was stripped because she falsely stated her husband had not served in the Bosnian ...
Tempers flare at Supreme Court over religious liberty case
Post Date: 2017-04-20 17:12:34 by Tooconservative
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Arguments in a high-profile religious liberty case caused tempers to flare on both sides of the Supreme Court's ideological divide Wednesday. The high court waited for several months to hear Trinity Lutheran Church of Columbia v. Comer, and did so with a full nine-justice court bolstered by the addition of Justice Neil Gorsuch, who joined the court this month. At issue in Trinity Lutheran is whether Missouri violated the Constitution in its decision to bar a church-operated daycare and preschool from a state program that provides funding to nonprofits to resurface playgrounds. Missouri's Constitution includes a provision that prevents public funds from directly or indirectly ...
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