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Latest Articles: U.S. Constitution
Supremes rein in EPA's power grab with decision for Idaho landowners
Post Date: 2023-05-25 23:44:16 by Charles_Byrd
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The Supreme Court has given Idaho couple Chantell and Mike Sackett a massive victory in their years-long fight with the Environmental Protection Agency, whose agents claimed their residential building land in Priest Lake was protected "wetlands" even though it wasn't wet, wasn't attached to navigable waters and was surrounded by homes on other lots. It was the second straight victory at the high court for the Sacketts, who earlier had to go all the way to the top because the EPA said they couldn't even challenge the decision in court. Click for Full Text!
FISA and freedom … or the lack thereof
Post Date: 2023-05-25 23:42:47 by Charles_Byrd
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In response to President Richard Nixon's unlawful use of the FBI and the CIA to spy on his domestic political opponents in the early 1970s, Congress enacted the Foreign Intelligence Surveillance Act. It limits all domestic surveillance not for law enforcement purposes to the procedures set forth in the act. Click for Full Text!
Supremes unanimously rule against government equity confiscation
Post Date: 2023-05-25 23:31:34 by Charles_Byrd
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A unanimous Supreme Court on Thursday dealt a massive blow to a practice that is common around the nation – governments taking a property for unpaid taxes, selling it, and keeping ALL the proceeds. That offends, the court ruled, the Takings Clause of the United States Constitution. Click for Full Text!
Explained: That 'public debt' clause in 14th Amendment
Post Date: 2023-05-11 20:09:44 by Charles_Byrd
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What would you do if you were driving a vehicle and came upon a traffic light that had both red and green lights on? Most rational folks would stop. After all, the red means "stop and stay stopped until the red light goes off," and the green means "you may proceed with caution." An analogous dilemma faces President Joe Biden today as he attempts to spend money that Congress has ordered to be spent, but which the government does not have, and in place of which it cannot legally borrow. Click for Full Text!
Congress’ unconstitutional pay scam gets members $34K raises
Post Date: 2023-05-02 19:32:05 by Charles_Byrd
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Washington, DC, needs an emergency supply of snazzy sandwich boards announcing, “Will Legislate for Food.” A hunger crisis on Capitol Hill gave congressional leaders no choice but to trample the Constitution. Click for Full Text!
Should free speech be infringed when you hear something you don’t like?
Post Date: 2023-04-22 01:29:46 by Charles_Byrd
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Our Constitution’s premier amendment sanctioned the fringe New England organization NSC-131’s (National Social Club-Anti-Communist Action) small, short-lived April 1 demonstration in downtown Portland, Maine. The freedom to speak one’s mind and peaceably gather to express grievances are sacrosanct rights afforded to all Americans, even members of NSC-131. This self-described brotherhood feels existentially threatened, and its members are stereotypically described as Hitlerian ideologues. Click for Full Text!
Biden’s DOJ Indicts Four Americans for Their Political Views on Russia
Post Date: 2023-04-21 00:48:41 by Charles_Byrd
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The Justice Department has indicted four Americans, including three members of the African People’s Socialist Party and Uhuru Movement (APSP), over their political views on Russia, a step that has grave implications for First Amendment rights. The allegation against the Americans is that they were involved in a “foreign malign influence campaign” directed by Russia’s Federal Security Service (FSB). The DOJ also indicted three Russians related to the case, including Aleksandr Ionov, who was initially charged last year. Click for Full Text!
Yes, Secession Is Constitutional. The 10th Amendment Proves It.
Post Date: 2023-04-01 02:37:36 by Charles_Byrd
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E pluribus unum. The principle behind that short Latin phrase is just as controversial now as it was at two of the most important junctures in American history: the War for Independence and the Civil War. Click for Full Text!
Wheels of Justice: Jury Duty
Post Date: 2023-03-28 01:52:57 by Charles_Byrd
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Everyone has been talking about threats to democracy lately. According to its sudden defenders, a lot of sensible things were actually a threat. Allowing free speech threatened democracy. Addressing vote fraud threatened democracy. Limiting aid to Ukraine now threatens democracy. I’m sure I’ve left a few things off the list. But if you really want to know what threatens democracy, look no further than your nearest big-city courthouse. One need only spend a day in jury duty to know that the marriage of folly and vice has spawned a population of citizens who view America not as the land of opportunity, but as the land of opportunism. Click for Full Text!
Stanford Students Who Shouted Down Federal Judge to Get Mandatory Free-speech Training
Post Date: 2023-03-27 21:49:10 by Charles_Byrd
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Stanford Law School students who shouted down a federal judge speaking on campus are about to learn a lesson in freedom of speech courtesy of Dean Jenny Martinez, who mounted a robust defense of said topic in a recent letter to students, faculty, and staff. “There is temptation to a system in which people holding views perceived by some as harmful or offensive are not allowed to speak, to avoid giving legitimacy to their views or upsetting members of the community, but history teaches us that this is a temptation to be avoided,” Martinez wrote Wednesday. “I can think of no circumstance in which giving those in authority the right to decide what is and is not acceptable ...
Is Secession Fanciful? It’s Already Underway, Says Professor
Post Date: 2023-03-24 04:25:17 by Charles_Byrd
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Secession goes periodically in and out of pseudo-elite fashion. When a Republican is elected president, as in 2016 with Donald Trump, liberals in blue (mood) areas sometimes talk about leaving the Union to form their own republics. The media may call this understandable frustration. When leftists control the executive branch and start trampling the Constitution, as in now with the Biden administration, conservatives opine likewise. Representative Marjorie Taylor Greene has done this, warning that civil war is inevitable unless there’s a national divorce. Of course, when rightists do it, the media may call secession appeals “dangerous radicalism.” But there’s another way ...
How government casually violates the letter and spirit of the First Amendment
Post Date: 2023-03-24 04:10:08 by Charles_Byrd
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As long as the awful law exists, concerning which the Supreme Court will hear oral arguments on Monday, be careful what you say to, or write about, unauthorized immigrants. Congress, in one of the federal government’s increasingly frequent offenses against the First Amendment, makes it a crime if one “encourages or induces an alien to come to, enter, or reside in” this nation in violation of federal law. Let the formulation of hypotheticals begin in order to illustrate the law’s unconstitutional vagueness and overbreadth. Suppose a pediatrician says an unauthorized immigrant’s child needs medical care that is available here but not in the country from which the ...
James Madison's Decentralized Republic
Post Date: 2023-03-17 02:38:23 by Charles_Byrd
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Happy birthday to James Madison, who is, pound-for-pound, the most distinguished Founding Father. A driving force behind the drafting and ratification of the Constitution, Madison shepherded the young, fractious United States from confederacy to republic. And to make explicit the new government's commitments to personal liberty, the Virginian authored the Bill of Rights. Madison's ideal union was a far cry from the reality of modern American governance. He envisioned a self-sufficient federal—or "general"— government, vested with the powers necessary to conduct foreign policy, mediate interstate conflicts, and perform a grab bag of other tasks. The federal ...
Should the US ban TikTok? Here's why blocking it isn't a good idea.
Post Date: 2023-03-14 23:26:36 by Charles_Byrd
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Social media app TikTok's rapid rise in popularity has raised questions regarding the relationship of ByteDance, TikTok’s parent company, to the Chinese government. Now, leaders on both sides of the aisle, including President Joe Biden, have called to ban or severely restrict Americans’ access to the popular app. Click for Full Text!
Fourth Amendment Under Warrantless Assault
Post Date: 2023-03-10 01:43:40 by Charles_Byrd
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Last week, the Biden administration asked Congress to permit its agents to continue to spy on Americans without search warrants. The actual request was to re-authorize Section 702 of the Foreign Intelligence Surveillance Act of 1978. FISA requires warrants from the FISA Court for all domestic spying. Section 702 is a 2008 amendment to FISA. It expressly authorizes warrantless spying of foreign persons. Click for Full Text!
Cancel Culture Dealt Massive Defeat in Pro-Life Free Speech Case
Post Date: 2023-03-08 21:10:24 by Charles_Byrd
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Pro-Life advocate Mark Lee Dickson has emerged victorious as the Supreme Court of Texas dismissed the frivolous lawsuit against him by abortion groups. The Lilith Fund and The Afiya Center sued Dickson and Right to Life of East Texas for defamation because he said they “exist to help pregnant Mothers murder their babies” and “murder innocent unborn children.” Fortunately, the Supreme Court of Texas has come to the defense of free speech and rejected this baseless lawsuit against Dickson. Click for Full Text!
Supreme Court Rebuffs Florida City's Challenge to Atheist Lawsuit
Post Date: 2023-03-06 18:12:52 by Charles_Byrd
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The Supreme Court on Monday declined to hear a Florida city's bid to fend off a lawsuit by atheists accusing officials of violating constitutional limits on government involvement in religion by staging a prayer vigil following gun violence that wounded three children. The justices turned away an appeal by the city of Ocala of a lower court's ruling endorsing the right of the plaintiffs, backed by the American Humanist Association, to sue over legal harms they said they sustained attending the 2014 vigil in which uniformed police chaplains preached a Judeo-Christian message. Click for Full Text!
The Problems With Disney and Florida
Post Date: 2023-03-03 02:16:05 by Charles_Byrd
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The core of the problems with Disney and Florida is the American addiction to corporatism. This is the use of government power for the benefit of the government’s patrons. Stated differently, it is a symbiotic relationship between the government and a private business that gives government officials corporate largesse and the private business a near monopoly. It is capturing the power of the state to increase private wealth at the expense of others. Corporatism is immoral because it bribes the state to give government power to a patron. It is economically counterproductive because it stifles competition. It is unconstitutional because it violates equal protection and, in the Florida ...
Birchers Help Kill Con-Con Bills in South Dakota; Montana Back in Play
Post Date: 2023-02-21 01:59:34 by Charles_Byrd
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Another round of Con-Con resolutions recently bit the dust, this time in South Dakota. South Dakota’s HJR 5002 and HJR 5005 (resolutions to apply for an Article V Convention) were killed in committee on February 8, and despite efforts to “smoke” them out onto the floor, they stayed dead. Click for Full Text!
There's only one way to add an Equal Rights Amendment to the Constitution
Post Date: 2023-02-14 19:44:52 by Charles_Byrd
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IT WAS a running joke in the early days of NBC's "Saturday Night Live." Chevy Chase, the news anchor for "Weekend Update," would announce the night's top story: "Generalissimo Francisco Franco is still dead." Like the late Spanish autocrat, the Equal Rights Amendment is also still dead. Approved by Congress in 1972, it was sent to the states with a seven-year ratification deadline, only to die when the clock ran out in 1979. Just 35 of the required 38 state legislatures had ratified the amendment, so it never became part of the Constitution. Yet some members of Congress now insist that the ERA didn't fail and actually was ratified. Or, to be ...
The Feds Are Buying Their Way Around the 4th Amendment
Post Date: 2023-02-14 19:33:16 by Charles_Byrd
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A Republican congressman last week highlighted an oft-overlooked threat to the privacy of all Americans: The federal government's practice of purchasing citizens' private market data (PMD) from data brokers without a warrant. Rep. Kelly Armstrong (R–N.D.) raised the issue at the House Select Subcommittee on the Weaponization of the Federal Government's inaugural hearing. "The federal government has realized the value of the massive amounts of commercial consumer data that is freely available on the open market," Armstrong said. "Combine [the amount of data available] with the advance in technology like [artificial intelligence], facial recognition, and more, ...
Convention of States Calls JBS “Leftist” in Latest Pro Con-Con Post
Post Date: 2023-02-08 22:50:19 by Charles_Byrd
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A forgotten influence on the Founding Fathers, John Trenchard, wrote that in 1721, but it could have been written yesterday. There are people who think all you have to do is change the name of something and people will fall into old traps with new names. Sadly, they are often right. Click for Full Text!
Montana Senate Kills Call for Con-Con
Post Date: 2023-02-06 14:58:20 by Charles_Byrd
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A resolution that would have seen the state of Montana call for an “Article V Convention” designed purportedly to amend the U.S. Constitution has likely failed for good after it did not pass on its third reading in the state’s Senate Wednesday. The Senate split 25-25 on its final vote on Senate Joint Resolution 2, a day after the measure squeaked through its second reading by a vote of 26- 24. Click for Full Text!
Atlanta Charges Nonviolent Protesters as Domestic Terrorists
Post Date: 2023-02-01 16:55:36 by Charles_Byrd
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An anti-police protest movement in Atlanta has ironically led to a massive expansion of police powers. In what was once dubbed "the city too busy to hate," protesters have recently taken aim at a new police training facility. In September 2021, Atlanta's city council approved the construction of a police and firefighter training facility on 85 acres of a 265-acre parcel of city- owned land in Georgia's South River Forest. The campus would include a driving course and a mock city that both police and firefighters could use to train. Funding for the project would include $30 million from the city police budget and twice that from the Atlanta Police Foundation (APF), a ...
A small town in Wisconsin is facing a federal lawsuit after city officials demanded that a local couple, Timothy and Megan Florek, take down their yard sign opposing the rezoning of the property on which a local middle school is situated. The city cl
Post Date: 2023-01-31 18:19:45 by Charles_Byrd
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A small town in Wisconsin is facing a federal lawsuit after city officials demanded that a local couple, Timothy and Megan Florek, take down their yard sign opposing the rezoning of the property on which a local middle school is situated. The city claimed the Floreks were violating a local ordinance that places a 30-day limit on "temporary" or "portable" signs. Despite legal pushback, the city doubled down, insisting that the ordinance did not violate the First Amendment. On Monday, they were sued in federal court. "It's not entirely difficult to change an ordinance, but it's something that needs to be done to protect everybody's First Amendment ...
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