Tag Archives: Constitution

Sixth Circuit Upholds Second Amendment; Strikes Involuntary Commitment as Permanent Disqualifier


Free Republic

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.

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U.S. District Court Judge Issues Memorandum Opinion Calling Obama’s Executive Amnesty Unconstitutional…

U.S. President Obama speaks about Iraq and also the shooting in Ferguson, Missouri on Martha's Vineyard

Weasel Zippers

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.”

When Will They Swing?

by Rory, The Daily Coin

Do you ever awaken in the morning and different parts of your body hurt but you’re not sure why? That has been happening a lot to me lately. It’s not because I slept wrong or in some weird position, it is because of the unfolding collapse that seems to be picking up pace. The black-eye our country has suffered this week, due to the fact that the dirty laundry of the criminals in charge is being flung far and wide, has left me sadden in way I never dreamed possible. The same people that have denounced China and various other countries around the world for inhumane treatment of their citizens have now been shown, without question, that they are the worst of the of the entire lot. In most other countries when the “leadership” decides that people need to be taught a lesson, they simply kill them and that’s that. But with these criminals in Washington, DC–you know, an area slightly larger than the typical American county that DOES NOT have to follow the Constitution–they mistreat people on a scale that would make Baby Doc blush.

I was skipping around to different news sites this morning and began reading an article at StoryLeak regarding the CIA’s torture policies and had to stop reading. I almost started crying and it is way too early for that. Another thing that happened is the reality of the darkness that engulfs our nation truly sank in. Can you imagine if one of your loved ones had been treated the way these animals tortured these people—how would you feel? What would you think? How would you react?

The crimes that have been committed by these beast doing the torturing is almost beyond belief. Do these people have a soul; do they answer to the devil himself? How proud their parents must be to know their child committed crimes against humanity that rival what the Japanese were doing to people during World War II. Justice is finished; liberty and laws are non-existent. We, sadly, are on our on. It has become quiet clear, this week, that it is us–people that believe in justice, right and wrong, liberty and freedom–against those that have spit on these principals and have now completely trashed the remnants of our once proud Republic. What remained of our reputation, on a global scale, is now finished. The ugly truth, which always wins out, has risen to the surface and, thank God, someone with a conscience brought it to light.

We live in unprecedented times. Crime is now sanctioned by the Attorney General of the United States; the Nobel Peace prize winning President has committed crimes against humanity; fraud is our financial business model; theft is now legalized and sanctioned by the Attorney General; illegal drug running is now a business model; money laundering is a business model. All of the above used to be crimes, but when an empire is dying, they become the main thrust of generating income. This is to say nothing of the militarized police murdering people at will.

For those of us who still care, and I want to believe that’s the vast majority of US citizens, it is heart-breaking to witness. It is disgusting to see and sickening to watch. One of the questions that is continually ask is, what is it going to take to enrage the people to the point of stepping away and beginning to turn their backs on these criminals? What is it going to take for us to start the process of taking back our country? What is it going to take to return to law and justice? When will they swing? When questions are being asked on a vast scale we will begin seeing change that can be believed in; hope, will once again hold a prominent place in our lives and we will show these criminals who has the power and who is in charge. Until then, keep the tissue close, your loved ones closer and be prepared for the unexpected.

- See more at: http://thedailycoin.org/?p=13596#sthash.fZqb1d12.dpuf

Betrayal from Both Sides of the Aisle?

Gulag Bound

Despite the fact that We-the-People gave the Republicans a mandate to stop Obama’s unconstitutional and country-destroying dictates, policies, and programs with a landslide victory in November, the current establishment majority–still in charge of the Marxist Democrat-Lite Party (aka Republicans)–still insists upon supporting Obama.

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Message to the Congressional Republican Marxists: Your cover has been blown! You can no longer effectively use the excuse of, the media will be mean to us if we don’t support the first black president!

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SENATE REPUBLICANS VOTE TO WAIVE THE CONSTITUTION

Free Republic

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

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)

Obama Teams Up With Mosques for Special Project

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Conservative Tribune

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.

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Giving our enemies aid and comfort

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.

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