Latest Articles: U.S. Constitution
Are ‘Stay At Home’ Orders Constitutional?
Post Date: 2020-04-03 11:08:18 by Gatlin
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COVID-19: Was This New Medical Police State Planned?
Post Date: 2020-04-03 03:56:40 by Deckard
"Eventually what we'll have to have are certificates of who is a recovered person and who is a vaccinated person because you don't want people moving around the World without their certificate."*Bill Gates- An Unelected American Billionaire "The whole aim of practical politics is to keep the populace alarmed and hence clamoring to be led to safety by menacing it with an endless series of hobgoblins, all of them imaginary". *H.L. Mencken- Journalist, Satirist, and Social Critic So far the American people have been compliant proles, not scratching to deep below the surface of information out there beyond the dire headlines, and ...
After Citizens Refused to Obey, Sheriff Reverses Decision to Close Gun Stores
Post Date: 2020-04-03 03:39:22 by Deckard
With so much uncertainty on the horizon during the COVID-19 outbreak, there has never been a better time for a citizen to be prepared to defend themselves and their family. The market is reacting appropriately to this demand and business has boomed for the gun industry over the past two weeks, with long lines stretching outside gun stores across the country. The Wall Street Journal reports that on March 16, background checks were up 300% compared with the same day last year, according to federal data shared with the National Shooting Sports Foundation. However, in March, the act of buying a gun became increasingly harder to do in many areas of the country thanks to executive orders and ...
Taking Rights Seriously
Post Date: 2020-04-02 08:29:45 by Deckard
"If the provisions of the Constitution be not upheld when they pinch as well as when they comfort, they may as well be abandoned." Justice George Sutherland (1862-1942) In his 2008 book "Taking Rights Seriously," the late professor Ronald Dworkin explored the origins and governmental treatment of human liberty. He argued that Thomas Jefferson who wrote the Declaration of Independence and James Madison the scrivener at the Constitutional Convention and the author of the Bill of Rights were clear in their articulations that the premise of America at its birth is that our rights are personal and natural because they come from our humanity, ...
WHAT DOES “FREE EXERCISE” OF RELIGION MEAN UNDER THE FIRST AMENDMENT?
Post Date: 2020-04-02 06:17:18 by Gatlin
WHAT DOES FREE EXERCISE OF RELIGION MEAN UNDER THE FIRST AMENDMENT? The free-exercise clause of the First Amendment states that the government shall make no law
prohibiting the free exercise of religion. Although the text sounds absolute, no law does not always mean no law. The Supreme Court has had to place some limits on the freedom to practice religion. To take an easy example cited by the Court in one of its landmark free-exercise cases (Reynolds v. U.S., 1878), the First Amendment would not protect the practice of human sacrifice even if some religion required it. In other words, while the freedom to believe is ...
The Police Power of the States to Control a Pandemic, Explained
Post Date: 2020-04-02 06:03:27 by Gatlin
The Police Power of the States to Control a Pandemic, Explained The federal government has the resources, but its the states that have the power. From the very first moment that governors and other public officials began ordering bars and restaurants to close and imposed limits on public gatherings, Ive been deluged with legal questions: Can states really order businesses to close and limit public meetings? Why are the orders typically coming from governors? Are the state closure orders evidence the president is failing? If the government orders a business to close for a public purpose, isnt it required to compensate the business owner? Here are the short answers. ...
Why the Government Has Legal Authority to Quarantine
Post Date: 2020-04-02 05:51:30 by Gatlin
Texas officials placed at least four people under quarantine Wednesday night after they had contact with Thomas Eric Duncan, the Texas hospital patient with Ebola. About 100 others are being monitored for the disease. Reports Thursday morning also say a man is being held in isolation in Hawaii for a potential case of Ebola. But where does the government get its legal authority to restrict the liberty of citizens by quarantining them, restricting their movement and supervising their contact? The answer, when it comes to the federal government: the Commerce Clause of the Constitution. Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of ...
Bill Gates Calls for Complete National Shutdown
Post Date: 2020-04-01 14:45:48 by Deckard
Microsoft founder Bill Gates has called for a nationwide shutdown in an effort to combat the spread of the Wuhan coronavirus. The Hill reports that Microsoft founder and billionaire philanthropist has called on a nationwide lockdown of the United States in an op-ed in the Washington Post. Gates states that he has spoken with experts through his charity who have stated that national policy would be more effective than multiple states issuing stay-at-home others while others remain open. Gates argues that the country needs a consistent nationwide approach to shutting down. Gates writes in the op-ed: Despite urging from public health experts, some states and ...
Louisiana church packed for services again despite charges against pastor amid pandemic [Full Thread]
Post Date: 2020-04-01 14:41:57 by Deckard
Central, Louisiana Buses and cars filled a Louisiana church parking lot for another service Tuesday evening as worshippers flocked to hear a Louisiana pastor who is facing misdemeanor charges for holding services despite a ban on gatherings amid the coronavirus pandemic. A few protesters turned out, too, including a man shouting through a bullhorn against those gathering at the Life Tabernacle Church in the city of Central, where pastor Tony Spell has been holding services. Another demonstrator held up a sign reading: "God don't like stupid." CBS Baton Rouge affiliate WAFB-TV reported the service was jammed with hundreds of parishioners. The station said there were ...
Tampa megachurch pastor arrested after leading packed services despite 'safer-at-home' orders
Post Date: 2020-03-31 07:17:58 by Deckard
TAMPA, Fla. - The pastor of a Tampa megachurch is facing charges after refusing to close its doors despite a "safer at home" order in effect in Hillsborough County, meant to stop the spread of COVID-19. The sheriff says up to 500 people were in attendance at Pastor Rodney Howard-Browne's Sunday services. Howard-Browne, 58, turned himself in Monday afternoon after Sheriff Chad Chronister and State Attorney Andrew Warren on Monday announced an arrest warrant had been issued for charges of unlawful assembly and violating public health emergency rules of isolation and quarantine. Howard-Browne was released 40 minutes later after posting a $500 bond. The ...
Cops Ticket, Arrest Disabled Woman for Legally Riding Her Assistive Scooter on the Sidewalk
Post Date: 2020-03-28 06:01:38 by Deckard
Brookings, OR Jennifer Gayman, 49, suffers from a degenerative eye disease and pulmonary disease and relies on a mobile electric scooter to get around. She had been using the scooter for years to get around without incident until 2018 when two of Brookings finest decided to target her for revenue collection. Now, because two cops preyed on a disabled woman for money, the taxpayers of Brookings will likely be shelling out hundreds of thousands of dollars. An attorney for Gayman released the body camera footage this week from her stop on November 19, 2018 as part of a $500,000 lawsuit. The incident unfolded as Gayman was on her way home from singing karaoke with some friends. ...
Beware a Government of Fear
Post Date: 2020-03-26 07:23:00 by Deckard
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety. Benjamin Franklin (1706-1790) One of my Fox colleagues recently sent me an email attachment of a painting of the framers signing the Constitution of the United States. Except in this version, George Washington who presided at the Constitutional Convention looks at James Madison who was the scrivener at the Convention and says, None of this counts if people get sick, right? In these days of state governors issuing daily decrees purporting to criminalize the exercise of our personal freedoms, the words put into ...
Is Wearing a Face Mask in Public To Ward Off COVID-19 a Crime?
Post Date: 2020-03-25 13:12:55 by Deckard
It depends on the state where you live. (Sergei Chuzavkov/Sopa Images/Newscom) Some experts say people who are not infected by the COVID-19 virus but wear face masks in public as a prophylactic measure are behaving irrationally and maybe even irresponsibly given the dearth of such protective gear. In some states, they may also be committing a crimeyet another illustration of questionable rules highlighted by the current pandemic.More than a dozen states generally ban the wearing of masks in public, a policy driven largely by concerns about the Ku Klux Klan. Virginia, for example, prohibits anyone older than 16 from wearing "any mask, hood or other device whereby a substantial ...
From Quarantine To Tyranny To Rebellion: Where Is The Line In The Sand?
Post Date: 2020-03-23 04:13:51 by Deckard
America is in a haze right now. It seems like half the country is in denial of the danger while the other half is awaking from apathy and frantically trying to prepare. This is creating a fog of confusion as one side screams it's nothing but the flu, stop buying up the grocery store...!, and the other side just keeps stocking goods, though in an inexperienced way that prioritizes comfort over practicality.The other day I went by the grocery store to grab a few peripheral items while they still exist on sale, and this was the first time since the Covid-19 situation began that people in my area actually seemed...different. The usual carefree obliviousness was gone from ...
“Travel Papers” and the Pandemic Patriot Act 2.0
Post Date: 2020-03-22 23:47:43 by Deckard
By Daisy Luther Did you ever think wed reach the point in the United States where you had to have papers to freely travel from one place to another? It appears were at the point. The MTA issued travel papers to their workers On March 17th, a few days before New York issued a shelter in place order, the Metropolitan Transportation Authority issued travel papers to their employees to prepare for a potential coronavirus curfew. The NY Daily News reports: If non-emergency travel is restricted, workers can show law enforcement officials the letter if theyre stopped on the way to work. This letter along with current New York CIty Transit ...
I am an American constitutional lawyer – and I see our government using Covid-19 to take away our fundamental rights
Post Date: 2020-03-22 23:08:36 by Deckard
By Robert Barnes, American constitutional lawyer representing high-profile clients in civil and criminal trials, and known for his prescient political prognostications in American and international elections. Follow him on Twitter @Barnes_LawDo we really think it cant happen here in America? Could we quarantine the constitution? Are we doing it already? Panics from pandemics unleash unchecked governmental power. The very premise of popular films like V for Vendetta reveal this: a group uses a virus to seize power and create a totalitarian society. Anyone could witness this from far-off lands, watching the news about China locking people up in their own homes and then ...
This Is a Test: How Will the Constitution Fare During a Nationwide Lockdown?
Post Date: 2020-03-21 22:31:57 by Deckard
It takes a remarkable force to keep nearly a million people quietly indoors for an entire day, home from work and school, from neighborhood errands and out-of-town travel. It takes a remarkable force to keep businesses closed and cars off the road, to keep playgrounds empty and porches unused across a densely populated place 125 square miles in size. This happened
not because armed officers went door-to-door, or imposed a curfew, or threatened martial law. All around the region, for 13 hours, people locked up their businesses and sheltered in place out of a kind of collective will. The force that kept them there wasnt external there was virtually no ...
Louisiana Man Arrested, Charged with Terrorism for Satirical COVID-19 Facebook Post
Post Date: 2020-03-21 21:59:53 by Deckard
Forest Hill, LA In what many are calling a massive overreach of police powers, a 27-year-old Louisiana man has been arrested and charged with terrorism for an incendiary, entirely false, yet satirical Facebook post. The Rapides Parish Sheriffs Office announced the arrest yesterday on their Facebook page. In what appeared to be a distasteful joke, Waylon Allen Bailey took to Facebook and claimed cops were given the order to shoot and kill anyone who had contracted the COVID-19 virus. One would have to be incredibly dense to believe such a hyperbolic post which is what makes it look like a terrible joke. Nevertheless police showed up at the mans home and arrested him. The ...
First Circuit Appeals Court: 'Community Caretaking' Function Applies To Warrantless Seizures, Not Actually Caring For The Community
Post Date: 2020-03-21 09:21:37 by Deckard
from the no-obligation-to-help,-every-excuse-to-hurt dept The First Circuit Court of Appeals has confirmed what we've already assumed: the "community caretaking" function law enforcement performs is there to help it dodge the Constitution, not to ensure it actually takes care of the community. Citing Simpsons' episode BABF18*, Judge Selya (trigger warning: overwrought English) says nothing about the community caretaking function prevents officers from harming you. But it does not mean officers ever need to help you. *Judge Selya does not actually cite this, but let's just take a look at what these decisions actually mean: The Supreme Court has made it clear -- ...
Five Weeks After Being Sued, DEA Agrees To Return $82,000 It Stole From A Retiree
Post Date: 2020-03-14 02:44:01 by Deckard
from the weird-how-that-works deptWed, Mar 11th 2020 3:21am Tim Cushing Sometimes all it takes is a lawsuit and little bad press to make the federal government at least temporarily regret its thieving ways. In January, the DEA was sued by Rebecca West and her father Terry Rolin after the agency lifted Rolin's life savings -- more than $82,000 -- from West at the Pittsburgh airport. The supposedly travel safety-focused TSA agents saw the cash in West's carry-on luggage and decided to notify State Troopers and the DEA. After a few extended conversations with West, the DEA decided to seize the money under the theory that a person with this much cash on their person must have ...
After a State-Authorized Medical Marijuana Patient Had an Epileptic Seizure and Crashed Her Car, Police Arrested Her for Driving With 'Marjuana in Her System'
Post Date: 2020-03-14 02:36:33 by Deckard
Beth Repp, a registered medical marijuana patient in Pennsylvania, crashed her car in Pittsburgh last September after suffering an epileptic seizure. Adding insult to injury, police arrested Repp and charged her with driving under the influence because "blood tests showed marijuana in her system." Now Repp is challenging Pennsylvania's unjust and unscientific definition of stoned driving, which effectively criminalizes driving by anyone who uses medical marijuana in compliance with state law.Under Pennsylvania's DUI law, a defendant is automatically guilty of driving under the influencea misdemeanor punishable by a 12-month license suspension, a maximum fine of $5,000 ...
Court Tells Cop That A Person Invoking Their Rights Isn't Suspicious Behavior
Post Date: 2020-03-04 16:41:30 by Deckard
from the your-rights-will-be-respected-at-the-discretion-of-the-government-apparently deptWed, Mar 4th 2020 3:21am Tim Cushing To some cops, there's nothing more inherently-suspicious than the invocation of rights. It appears they believe only guilty people do this. The innocent have no need for rights because if they have nothing to hide then they have nothing to fear. It takes a court to remind officers that rights are rights everyone has, whether or not they're guilty of anything. This case deals with an officer who treated someone's invocation of his rights as the Constitutional approval he needed to search him. He was wrong. (via FourthAmendment.com) It all ...
Midwife Gets Charged with 95 Felonies by State of New York for Delivering Babies
Post Date: 2020-02-06 14:40:17 by Deckard
A midwife is facing life in prison and being charged with an astounding 95 felonies for delivering babies against government regulations in the state of New York. The case has serious ramifications for religious freedom as well, since midwife Elizabeth Catlin is a Mennonite and provides birthing services for people who share her religious beliefs. These women need resources, they need help, Melissa Carman said to Yahoo News. Carman is the President of NY CPM, a non-profit that works to change New York laws to more readily allow the certification of midwives in the state. Latest: INSANE: Midwife Gets Charged with 95 Felonies by State of New York for Delivering BabiesCarman ...
Everyone's A Criminal
Post Date: 2020-02-05 04:41:45 by Deckard
"People commit crimes all the time without knowing it. It's impossible to know what sort of behavior is criminal."A law in South Carolina bans playing pinball if you're under 18. That's just one of America's many ridiculous laws restricting freedom."There is a role for the government in keeping people safe from actual criminals, people who commit murder, robbery," says Rafael Mangual, a "tough-on-crime" guy at the Manhattan Institute."But a lot of laws don't keep people safe," he says. "There's a federal prohibition on walking a dog on a leash longer than six feet on federal property. It is a jailable offense."Three ...
Home Owners Association Threatens Residents With Lawsuit For Online Criticism
Post Date: 2020-01-31 06:42:27 by Deckard
from the not-how-any-of-this-works deptWed, Jan 29th 2020 2:20pm Mike Masnick The fights involving Home Owners Associations (HOAs) are so legendary and stereotyped that they've even been a minor plot point in Seinfeld. The general stereotype is that HOAs involve insane political power struggles, significantly out of proportion to the actual issues at hand. It is often an example of Sayre's law, in that the stakes are so little, yet the disputes are much more vicious and out of control than elsewhere. I'm thankful I don't live in a place with an HOA, but for many years I did (as a renter, not an owner) and remember receiving a long (7 pages typed, I believe) letter ...
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