Tag Archive: Unconstitutional


NY Sheriffs Join Together To Sue Gov. Cuomo For Infringing Gun Rights

 

 

” Sheriffs are so concerned about enforcement issues, that the New York State Sheriffs’ Association, along with five individually named sheriffs, is planning to support a lawsuit that the New York State Rifle and Pistol Association, Inc. filed against Governor Cuomo.

 “It’s an unenforceable law. I believe it will ultimately be declared to be unconstitutional.”

As far as Howard and his fellow sheriffs are concerned, existing laws provided sheriffs and the public with all the protection they need against gun crimes.”

 

 

 

 

 

 

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U.S. Military ‘Power Grab’ Goes Into Effect

 

 

 

 

” The manhunt for the Boston Marathon bombing suspects offered the nation a window into the stunning military-style capabilities of our local law enforcement agencies. For the past 30 years, police departments throughout the United States have benefitted from the government’s largesse in the form of military weaponry and training, incentives offered in the ongoing “War on Drugs.” For the average citizen watching events such as the intense pursuit of the Tsarnaev brothers on television, it would be difficult to discern between fully outfitted police SWAT teams and the military.

The lines blurred even further Monday as a new dynamic was introduced to the militarization of domestic law enforcement. By making a few subtle changes to a regulation in the U.S. Code titled“Defense Support of Civilian Law Enforcement Agencies” the military has quietly granted itself the ability to police the streets without obtaining prior local or state consent, upending a precedent that has been in place for more than two centuries.

The most objectionable aspect of the regulatory change is the inclusion of vague language that permits military intervention in the event of “civil disturbances.” According to the rule:

Federal military commanders have the authority, in extraordinary emergency circumstances where prior authorization by the President is impossible and duly constituted local authorities are unable to control the situation, to engage temporarily in activities that are necessary to quell large-scale, unexpected civil disturbances.

Bruce Afran, a civil liberties attorney and constitutional law professor at Rutgers University, calls the rule, “a wanton power grab by the military,” and says, “It’s quite shocking actually because it violates the long-standing presumption that the military is under civilian control.”

 

 

 

 

 

 

 

 

 

Cuomo’s Shameful SAFE Act

 

 

 

 

“ All things being equal, New York State’s infamous new gun laws will go down in history as a prime example of the folly of hysterical calls to action; and Governor Andrew Cuomo, who led the chase for the measures, will join them in disgrace. After 20 children were killed in Newtown, Conn., last December, progressives saw a golden opportunity to reverse the liberalizing tide of recent firearms law and leverage the national outrage in favor of long-desired gun-control codes. Freed by his reelection, the president declared, in an increasingly tiresome formulation, “Now is the time to do the right thing for our children, our communities, and the country we love.” In Albany, it appears that the governor took him literally.

Legislation cast in the wake of tragedy invariably carries with it the stench of the mob, and when it’s contrived in haste to protect “the children,” this is doubly so. Parliaments and institutions might protect us from the sight of angry, rash, pitchfork-wielding villagers in search of blood, but, however sanitized our politics have become, the impulse of rabble-rousing politicos is the same: Something must be done, it must be done right this second, and all naysayers are on the side of the monster. Wise men understand this, and they act to cool passions. Andrew Cuomo, we have learned in recent months, is not a wise man. His signature now adorns a law that has proven unworkable from start to finish. Next time we are told that we cannot wait for democracy or reflection to soothe passions, we might remember the course that New York has taken.”

 

 

 

 

 

UN Prepares To Finalize Global Arms Trade Treaty: Gun Owners To Take It On The Chin?

 

 

 

 

 

” On Monday, in New York City, the United Nations kicked off its final round of negotiations on its comprehensive global arms trade treaty agreement.

In preparation for the talks, UN Secretary General Ban Ki-moon expressed his optimism in a statement released last week that all 193 Member State will “overcome their differences and muster the political will needed to agree on this landmark treaty.”

While it’s unclear what the final draft of the ATT will look like, Ban Ki-moon said that he expects it to include regulations on both weapons and ammunition, from “small arms to tanks to combat aircraft.”

“I reiterate my support for an Arms Trade Treaty that regulates international transfers of both weapons and ammunition and provides for common standards for exporting States. These standards are important for assessing the risks that transferred weapons are not used to fuel conflict, arm criminals or abet violations of international humanitarian or human rights law,” said Ban ki-moon.

Ban Ki-moon also noted that this treaty was only the beginning, a launching pad for more expansive regulations down the road.”

 

 

 

Federal Judge Finds National Security Letters Unconstitutional, Bans Them

 

 

 

 

” Ultra-secret national security letters that come with a gag order on the recipient are an unconstitutional impingement on free speech, a federal judge in California ruled in a decision released Friday.

U.S. District Judge Susan Illston ordered the government to stop issuing so-called NSLs across the board, in a stunning defeat for the Obama administration’s surveillance practices. She also ordered the government to cease enforcing the gag provision in any other cases. However, she stayed her order for 90 days to give the government a chance to appeal to the Ninth Circuit Court of Appeals.

“We are very pleased that the Court recognized the fatal constitutional shortcomings of the NSL statute,” said Matt Zimmerman, senior staff attorney for the Electronic Frontier Foundation, which filed a challenge to NSLs on behalf of an unknown telecom that received an NSL in 2011. “The government’s gags have truncated the public debate on these controversial surveillance tools. Our client looks forward to the day when it can publicly discuss its experience.” “

 

 

 

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You Can Help Defeat Proposed U.N. Arms Trade Treaty

 

 

” Just as NRA warned would happen, following last November’s presidential election, the Obama administration immediately moved forward with its plans to support a United Nations Arms Trade Treaty.  On Wednesday November 7, the U.S. Mission to the U.N. made clear its support for renewed ATT negotiations, casting a vote in favor of a resolution that calls for a “Final United Nations Conference on the Arms Trade Treaty” to be held in New York City from March 18-28.

If signed, the ATT would be a legally binding treaty that would require parties to the treaty to adhere to the treaty’s provisions, many of which (as proposed in a month-long meeting last July) are incompatible with our Second Amendment rights.  For the treaty to be ratified it would have to be approved by a two-thirds vote in the U.S. Senate.  During the July ATT conference, NRA conducted a successful campaign to stop the treaty.”

 

 

 

 

Thousands Attend Day Of Resistance Rallies In Support Of Second Amendment [photos]

 

View image on Twitter

 

 

” Thousands across the nation gathered today to mark Day of Resistance, an event sparked by President Obama’s signing in December of 23 executive actions on “gun violence reduction.” The president and his staff hand-picked four children to join him on stage to plead their case, but as more and more legislators at the state and national levels push for extensive restrictions on gun ownership, plenty of Americans would like to have their say as well, even if they have to brave the elements to do it.”

 

 

Appeals Court Panel Rules Obama Recess Appointments To Labor Board Are Unconstitutional

 

                                     
Merriam-Webster's Definition of RECESS APPOINTMENT:
 An appointment made by a president of the U.S. under his constitutional powers to fill vacancies when the Senate is not in session subject to later confirmation by the Senate

 

” In an embarrassing setback for President Barack Obama, a federal appeals court panel ruled that he violated the Constitution in making recess appointments last year, a decision that would effectively curtail a president’s ability to bypass the Senate to fill administration vacancies.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said that Obama did not have the power to make three recess appointments last year to the National Labor Relations Board because the Senate was officially in session — and not in recess — at the time. If the decision stands, it could invalidate hundreds of board decisions .

The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the break between sessions of Congress.

The ruling also threw into question Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray’s appointment, also made at the same time, has been challenged in a separate case. “

MO Democratic Bill Will Force Parents to Notify Schools If They Own a Gun

 

 

“This act requires a parent or guardian to notify a school district, or the governing body of a private or charter school, that he or she owns a firearm within 30 days of enrolling the child in school or becoming the owner of a firearm.”

 

 

 

Half of U.S. States Refuse Insurance
Exchanges, Pose Threat to Obamacare

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” The Daily Caller has published a report that suggests that Obamacare is under serious threat, due to half of states refusing
to establish healthcare exchanges. The article suggests a pressure point for the massive healthcare program that could send the legislation back to the Supreme
Court. “

Jan Morgan Video Documentary: Rampant Injustice

 

 

 

 

 

” This documentary exposes the blatant trampling of the Constitutional rights of Americans during white collar crime investigations by the Department of Justice and the Criminal Investigation Division of the Internal Revenue Service .

It is about the increasing number of unconstitutional, para-military, gestapo style raid tactics involving two agencies of the federal government.”

US Senate Approves FISA Warrantless Wiretapping Extension

 

 

 

 

“ Washington - The Senate has voted to reauthorize a controversial amendment that allows US intelligence agencies to wiretap communications without warrants.

The FISA Amendments Act of 2008 was passed to allow the wiretapping of many US phone conversations and electronic communications and to grant retroactive immunity to Bush administration officials and telecom corporations for illegal wiretapping of domestic communications. FISA, the Foreign Intelligence Surveillance Act, allows the NSA and other US intelligence agencies to wiretap conversations in which at least one of the parties is a foreign citizen without first obtaining a warrant. “

SENATE VOTES AGAINST ALLOWING ‘INDEFINITE DETENTION’ OF CITIZENS

 

 

 

 ” The 67-29 vote late Thursday was on a measure sponsored by Sen. Dianne Feinstein, D-Calif., chairwoman of the Senate Intelligence Committee, and Sens. Rand Paul, R-Ky., and Mike Lee, R-Utah. The strong bipartisan approval sets up a fight with the House, which rejected efforts to bar indefinite detention when it passed its bill in May. “

The Determinators Movie

ICE Agents: Morale is in the Toilet

 

“Morale among Immigration and Customs Enforcement agents is at an all-time low more than a month after the Obama administration announced major changes to the nation’s immigration enforcement policy, according to the head of a national agency representing thousands of agents.

“Morale is in the toilet right now,” said Chris Crane, president of the National ICE Council. “Most of the guys out in the field are just in an uproar.” “

  As Bob Owens explains the second amendment was never about hunting and shooting . It is all about the citizens right to resist tyranny in whatever form that may take …. be it foreign OR DOMESTIC .

” There are varying mechanisms by which treaties are observed, and not all of them follow the process the Founders intended. Nor is this idea of global gun control ever going to go away as long as radical leftists exist in the world.
Collectivism requires individual be subservient to the state, and armed citizens that can martially dispute government excesses are the bane of tyrants both foreign and domestic.

   President Obama said today that:
“I believe the Second Amendment
guarantees an individual the right to
bear arms,” Obama said. “But I also
believe that a lot of gun owners would agree that AK-47s belong in the hands of soldiers, not on the streets of our cities.”

   He intentionally refuses to acknowledge that the entire purpose of the Second Amendment. The Second Amendment was never intended to protect hunting or shooting sports. The Second Amendment was written to protect
the ability of the sovereign American people to resort to military force of arms to remove
government when it becomes too tyrannical. It was written by men who had just done that very thing, and at a time when the Colonists had weapons that were on par with an occasionally superior to the military arms of the day.

   In blunt terms, Mr. President, the Founders would indeed like to see AK-47s, M-4s, machine guns and even artillery in the hands of American citizens. They wanted a people capable or resisting people like you.”

Why On Earth Indeed ?

Any Congressman that signs on to this blatant intrusion into our country’s domestic affairs should be hung from the nearest lamppost . Can you say traitor boys and girls ? 

  ” Opposition to a proposed United Nations Arms Trade Treaty (ATT) is growing over concerns about its possible implications for America’s sovereignty and interests.

As Heritage’s Kim Holmes explains in the Washington Times, the language in the draft circulated at the U.N. this week would harm law-abiding nations like the United States while allowing the true offenders to carry on with their arms trafficking.

Under the rhetoric of international security and justice, member states of the U.N. are working on a legally binding treaty to regulate the sale or transfer of all kinds of arms, which treaty supporters say contribute to human rights abuses, violence, crime, and terrorism around the world. But the U.N. continued to undermine its credibility and contradict its own intentions by electing Iran to a top post at the treaty conference, even though the Security Council had recently found that Iran had transferred weapons to Syria “

Mark Steyn

” For longer than one might have expected, the U.S. Constitution was a happy exception to that general rule – until, that is, the contortions
required to reconcile a republic of limited government with the ambitions of statism rendered U.S. constitutionalism increasingly
absurd. As I also wrote three months ago (yes, yes, don’t worry, there’s a couple of sentences of
new material in amongst all the I-told-you-so stuff), “The United States is the only Western nation in which our rulers invoke the Constitutionfor the purpose of overriding it – or, at any rate,
torturing its language beyond repair.”

  Not being a regular Mother Jones reader I am surprised that I am linking to them but as with the subject matter of the article it has created some strange bedfellows .
   I don’t think that this is the type of bipartisanship our “rulers” have in mind .

“The revolt against the NDAA has brought together organizations and activists that disagree on almost every other issue—tea party activists, the states’ rights Tenth Amendment Center,the American Civil Liberties Union, and Occupy Wall Street protesters. The NDAA is “waking people up to the idea that the federal government shouldn’t have this kind of power,” says Michael Boldin, the director of the Tenth Amendment Center. “We’re seeing this weird mishmosh coalition of people.” In mid-April, Boldin’s group joined a number of other conservative organizations in filing a friend-of-the-court brief in support of liberal journalist Chris Hedges’ anti-NDAA lawsuit against the Obama administration. ”

  Once again the wisdom of the Founders comes to light as numerous states take matters into their own hands and attempt to mitigate this grossly unconstitutional powergrab .

  ” The NDAA backlash has already fueled action on the state level. In Virginia, Republican Gov. Bob McDonnell recently signed a bill that could prohibit state authorities from “knowingly” aiding in the military detention of a US citizen. The Arizona Legislature passed a bill making it a misdemeanor for state officials to help the feds detain US citizens under the NDAA, and the Maine Legislature passed a joint resolution urging Congress and the president to amend the law to make it clear that Americans apprehended on US soil can’t be detained without trial. All three states have legislatures with Republican majorities. ”

  This is exactly why Washington DC in general and the Obama administration in particular demonstrate such disdain for the principle of ” state’s rights ” .

    We all owe a debt of gratitude to the state of Arizona , Gov. Brewer , Sheriff Arpaio and everyone else in that state for pushing back against the Feds .

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