via Gun Watch
Another step has been taken to restore second amendment rights to the position that they held before the modern assault on the Constitution. It is an important case because it establishes the precedent that your second amendment rights cannot be permanently removed for a temporary condition; and that the proper level of scrutiny in the court is the highest accorded to fundamental constitutional rights, that of strict scrutiny. From the opinion of the court, pdf file:
BOGGS, Circuit Judge. This case presents an important issue of first impression in the federal courts: whether a prohibition on the possession of firearms by a person “who has been committed to a mental institution,” 18 U.S.C. § 922(g)(4), violates the Second Amendment. Twenty-eight years ago, Clifford Charles Tyler was involuntarily committed for less than one month after allegedly undergoing an emotionally devastating divorce. Consequently, he can never possess a firearm. Tyler filed suit in federal court, seeking a declaratory judgment that § 922(g)(4) is unconstitutional as applied to him. The district court dismissed Tyler’s suit for failure to state a claim. Because Tyler’s complaint validly states a violation of the Second Amendment, we reverse and remand.
It is of significant interest that much of the case centers on the refusal of the federal government to provide a mechanism for relief in these cases. In point of fact, disarmists have blocked passage of funding to allow cases to be reviewed, and the Justice Department refuses to review cases at all.
Someone forgot to tell this judge Obama is above the law.
Via CNS News:
A judge for the U.S. District Court for the Western District of Pennsylvania issued a “memorandum opinion” on Tuesday stating that President Barack Obama’s unilateral action on immigration–which would allow some illegal aliens to stay in the United States and work–is unconstitutional.
“The November 20, 2014 executive action on immigration is unconstitutional,” says Judge Arthur J. Schwab in one heading of the “memorandum opinion” he issued in the case of United States of America v. Elionardo Juarez-Escobar.
The case involves and illegal alien who had been deported from the United States in 2005, returned, was working in Pennsylvania, and then was pulled over this year for a traffic violation and subsequently charged with driving under the influence.
“In determining whether the Executive Action is applicable to the Defendantt, this Court must first determine whether the Executive Action is constitutional,” said the court. “The Court is bound to ensure that the Constitution’s structural safeguards are preserved.”
There is no question that President Obama’s executive amnesty violates the Constitution. Even the president acknowledged back in September that he would be “ignoring the law” to carry out such an action.
Source : watchmen-news.com
Ted Cruz (R-TX)U.S. Senator Ted Cruz (R-TX) raised a constitutional point of order against the $1.1 trillion omnibus spending that, if sustained, would have sent the bill back to the House to remove amnesty funding.
Unfortunately, a group of Republicans joined the Democrats in voting to reject Cruz’s point of order and to ignore the serious constitutional problems with the president’s executive amnesty.
These 20 Republicans voted to waive the Constitution.
Lamar Alexander (R-TN) Lindsey Graham (R-SC) Kelly Ayotte (R-NH) Orrin Hatch (R-UT) John Barrasso (R-WY) Dean Heller (R-NV) Dan Coats (R-IN) Ron Johnson (R-WI) Thad Cochran (R-MS) Mark Kirk (R-IL) Susan Collins (R-ME) John McCain (R-AZ) Bob Corker (R-TN) Mitch McConnell (R-KY) John Cornyn (R-TX) Lisa Murkowski (R-AK) Mike Enzi (R-WY) Pat Toomey (R-PA) Jeff Flake (R-AZ) Roger Wicker (R-MS)
CR #353, 12/13/14
SENATE PASSES $1.1 TRILLION OMNIBUS SPENDING BILL
After waiving the constitutional point of order, the Senate passed the omnibus bill, which fully funds Obamacare, does nothing to stop the president’s amnesty, and includes an earmark to help the DC establishment defeat conservative challengers.
These 24 Republicans voted for the bill.
Lamar Alexander (R-TN) Lindsey Graham (R-SC) Kelly Ayotte (R-NH) Orrin Hatch (R-UT) John Barrasso (R-WY) John Hoeven (R-ND) Roy Blunt (R-MO) Johnny Isakson (R-GA) John Boozman (R-AR) Mike Johanns (R-NE) Richard Burr (R-NC) Mark Kirk (R-IL) Dan Coats (R-IN) Mitch McConnell (R-KY) Thad Cochran (R-MS) Lisa Murkowski (R-AK) Susan Collins (R-ME) Pat Roberts (R-KS) John Cornyn (R-TX) John Thune (R-SD) Mike Enzi (R-WY) Pat Toomey (R-PA) Deb Fischer (R-NE) Roger Wicker (R-MS)
Posted in Uncategorized
Tagged $1.1 TRILLION OMNIBUS SPENDING BILL, Congress, Constitution, Corruption, Cover-up, Obamacare, Political Accountability, Resident in Thief, Senator Ted Cruz, Treason, Tyranny
President Barack Obama recently announced that he was unilaterally changing the immigration laws.
This although he has clearly stated for the record, on numerous occasions, that he has no Constitutional authority to do so.
Using executive action, Obama announced a new “priority system” for deportations, essentially focusing on only criminal illegal immigrants for deportations, while effectively granting a form of amnesty for millions of others.
Obama has even announced changes to the law which put in place certain steps required for the “legalization” of illegals, although he further admitted that “ordinary” illegals wouldn’t be deported even if they didn’t jump through the hoops that he set up.
Now Breitbart is reporting on the flood of illegal immigrants coming out of the woodwork to see if they qualify for Obama’s amnesty.
Posted in Uncategorized
Tagged Congress, Constitution, Corruption, Cover-up, deportations, Illegal Immigrants, Illegals, immigration laws, Islamic centers and mosques, Obama’s amnesty, Political Accountability, Resident in Thief, Tyranny
Family Security Matters
Because our Founders understood very well what fates awaited them had the Revolution not ended in victory, Article 3, Section 3 of the Constitution draws a crucial definition very narrowly: ‘Treason against the United States shall consist only in levying war against them, or in adhering to their Enemies, giving them aid and comfort.
This week, and by any reasonable measure, the lame-duck Democratic majority of the United States Senate gave our enemies aid and comfort. If you doubt that, then you haven’t been paying attention to the outraged howls of the jihadis or the stern school-marm lectures delivered from the unlikeliest of places: Russia, China and even the UN’s special rapporteur for human rights. Red Foxx was right: Life is hard but it’s ever harder if you’re stupid.