Posts Tagged → Amendment
Exercise the power of the People to impeach and remove bad judges
Both the United States Constitution and the Pennsylvania Constitution make plain that American and Pennsylvania state governments derive their power from the People.
But my, oh my, have we not seen a tremendous erosion of privacy and basic individual rights and liberties over the years as government power to regulate and surveil expands. Much of this starts with local law enforcement.
Over and over again we read with amazement how some official government regulatory or law enforcement arm commits another over-reach deep into some poor citizen’s life. And then with even greater amazement we read how some judge, especially federal judges, uphold what would appear on its face to violate the US Constitution’s Fourth Amendment. Here are some headlines:
“Ohio Court upholds police forced entry into private home over failure to signal at traffic light…”
“New Jersey Federal Court Upholds The FTC’s Authority To Regulate Data Security”
“Judge Upholds Police ‘Code of Silence’ Ruling…U.S. District Judge Amy St. Eve decided Thursday decided not to toss out part of a jury’s decision that found Chicago police operated under a “code of silence,” according to the Chicago Tribune.
Last month, a jury found the police department obstructed the investigation into the beating death of bartender Karolina Obrycka at the hands of off-duty police officer Anthony Abbate in 2007.
U.S. District Judge Amy St. Eve decided Thursday decided not to toss out part of a jury’s decision that found Chicago police operated under a “code of silence,” according to the Chicago Tribune.”
“Police can forcibly take DNA samples during arrests, judge rules”
“Federal Judge Upholds Warrantless Hidden Surveillance Cameras On Private Property”
“Court upholds dismissal of ticket quota lawsuit”
“Utah Cops Arrest Teen for Recording, Judge then Orders Teen to Admit Guilt before Trial”
“Law-Breaking Judges Took Cases That Could Make Them Even Richer
Federal judges aren’t supposed to hear cases in which they have a financial stake. Dozens do it anyway.”
And the granddaddy of them all, a truly unbelievable case in which a federal judge recently decided the police can simply take over your home and eat your food without any reason whatsoever:
“The Nevada case of Mitchell v. City of Henderson still slogs through the Nevada Federal District Court. This case has one unusual feature. It accuses police in two cities of quartering themselves in two private houses without the consent of their owners. This would breach the Third Amendment to the U.S. Constitution, which deals with quartering of soldiers. The defendant city officials say police officers are not soldiers. But the Mitchells actually have a thirty-two-year-old precedent on their side. That case says one need not be an active-duty U.S. armed service member to be a “soldier” under the Constitution………………….the police in Henderson wanted to “stake out” the Mitchells’ neighbor. They forced the Mitchells (and Anthony Mitchell’s parents) out of their homes, moved in for the time of their stakeout, and helped themselves to whatever was in their refrigerators and pantries. They even arrested Anthony and Michael for obstructing the police. Those charges could not possibly stick, so the city dropped them. But the Mitchells are still suing, on every ground they could possibly cite.
The Third Amendment portion of the Mitchell complaint has been dismissed as of February 2015. The judge held that police officers are not soldiers for the purposes of the Third Amendment; he also expressed doubt that occupying the property for less than 24 hours would constitute ‘quartering’, although he did not specifically rule on that aspect.”
And so on. You can do your own Internet search on this subject and read the stories behind these headlines and many more. The purpose here is to call attention to the problem of judges who clearly allow unconstitutional government behavior to proceed.
And what is to be done with US Supreme Court justices who lie under oath in their nomination and confirmation hearings, in order to be confirmed, and then begin ruling exactly the opposite of what they testified to in the US Senate?
In all these instances, the People – us, the voters, taxpayers, and citizens of America – should take the necessary steps to legally remove these failed public servants from their benches. These are no longer judges in the essential sense of the term, and they certainly no longer look out for the basic rights and liberties of the People.
So they must be impeached or recalled.
Participated in 2nd Amendment Rally; where was NRA?
Just in from the field.
PA Rep. Daryl Metcalfe, Kim Stolfer of Firearm Owners Against Crime, and Larry Pratt of Gun Owners of America organized and led a wonderful pro-freedom rally just now at the Pennsylvania Capitol steps in Harrisburg. Dozens of state and local elected officials, from both parties, Democrat and Republican, stood in the rain to show their appreciation and support. State Senator Tim Solobay (D), an ass-kicking big guy and the senate’s official “Walking Refrigerator,” proudly wore his Western PA gun rights hat. State Senator Scott Hutchinson (R), stood tall in the rain and cheered on the speakers.
Constitutional rights should not be a partisan issue. Sadly, too many Democrats make gun ownership an issue, when it has zero to do with crime control.
Missing from action was the NRA. No official presence, no speaking role, no unofficial presence. What is going on here with my favorite organization? Organizational snafu? Too much pride?
Citizen, activist, and elected official speakers alike championed America’s unique freedoms, quoting often from their own life experiences and from America’s founding fathers. Each speaker pointed out the hypocrisy of anti-freedom gun-grabbers, who are more comfortable in a feudal hierarchy than in the free Republic we have fought so hard to keep from tyranny.
Standing at the top of the steps, looking out over the sea of rain-soaked citizens, with their American flags, Don’t Tread on Me banners and similar hand-held signs, I was choked up with emotion. As every past year, I feel honored and fired up to have participated in this year’s annual PA Second Amendment Rally.
Charlton Heston – still my president
Watching the Ten Commandments, I’m reminded why Charlton Heston is still my president.
While NRA president, Heston set standards for inspirational leadership. While an actor playing Moses and Ben Hur, he set standards for inspirational acting and portrayal. Heston was a man of faith, inspired by the Master of the Universe, the giver of law and the inspirer of America’s founding fathers.
Because Heston believed in God, he led an exemplary life. He was dedicated to liberty above all else, as he proved by marching with Martin Luther King Jr for black voting rights, and also safeguarding our First Amendment and Second Amendment rights.
Leaders are hard to come by. In this age of empty Obama messianism, people like Heston become reminders of what we should expect, what we deserve.
ObamaCare…are unilateral changes to law legal?
Congress makes laws, the executive branch executes and implements them.
So how is it that Obama makes unilateral changes to his health care law? Isn’t congress needed to amend the law?
One of Obama’s chief flaws is his tendency to rule as a dictator. He shakes hands with and bows deeply to dictators. His willful disregard for American law is dictatorial.
When do congressional leaders corral this wayward president? Will he be impeached?
Second Amendment Rally – Tuesday
Tuesday April 23rd at 10:00 am, the annual Second Amendment Rally will be held at the PA State Capitol, and hopefully you can be there. Sadly, it appears that Kim Stolfer may not be there. Kim is the driving force behind Firearms Owners Against Crime (which endorsed me in 2012) and the leader of the rally. His health condition may keep him away, and I know that the thousands of freedom-loving citizens there tomorrow will miss him greatly
Freedom takes a lot of hard work, and we’ve got ours cut out for us…
Here is the text I presented to the Tea Party Patriots two nights ago, and I have received much positive feedback on it. Take the fight to the enemy, folks.
Josh First………….www.joshfirst.com
At Tea Party Patriots, April 8, 2013
Amendment II: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Citizen disarmament is the civil rights issue of our time. Disarmament is enslavement, and America already fought one civil war over slavery.
o 2nd Amendment is NOT about hunting or sport shooting, it IS about citizen defense against tyrannical government that usurps citizen powers & rights. Thus, if the gov’t has it, we might need it ourselves.
o State militias, comprised of citizens, were supposed to outweigh then-new federal army
o 1776 militia muster rolls required privately owned military-grade long arm and some ammunition; modern equivalent of military musket is the AR-15. Hunting, self-defense, sport guns are ancillary uses.
o “Well regulated” in 1780s means totally different action than 2013. Then: Have a militia muster roll of able bodied men with working guns and know how to quickly assemble them to fight. Now: Regulate means government intervention and control.
o Federal acts regulating the Militias were passed in the 1700s and 1800s; US Supreme Court holdings danced around the issue, addressing citizens assuming quasi-military roles in public.
o State militias fell into disuse after the Civil War; different states now address them differently. My reading of PA law allows private citizens to create their own militias, so long as they do not claim to represent the government
o Gun prohibitionists long argued that the 2nd Amendment was a “collective” right. After the Heller and McDonald decisions, they now say they agree it’s a private right, but they want to INFRINGE it out of existence: CT, NY, MD, DE, CO, CA…. magazines, ammunition, guns, taxes, insurance, slippery slope
o Fight back:
a) “Gun Prohibitionists” are extreme, not mainstream, agenda-driven, put us all at risk
b) gun control is not about crime control; does not solve problems; infringes on lawful right
c) Gun control is the new Jim Crow…utopians fear threats to their big gov’t utopia control
d) Join NRA, GOA, local shooting club
e) Write op-eds, volunteer for pro-Constitution candidates, blog & social media
f) Buy guns, teach someone to shoot or hunt, give guns as gifts, buy a hunting license
g) Constitutional principles do not change over time to suit societal whims. The quill pen and the printing press became laptops and the Internet, horses became cars, and muskets became AR-15s
h) Regulating/limiting Constitutional rights is usually read expansively, not narrowly
i) Use historical references to frame gun control efforts: Frontier America had no gun control,
and Founders’ intent: “On every question of construction (of the Constitution) let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed,” (Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322). “The whole of the Bill (of Rights) is a declaration of the right of the people at large or considered as individuals…. It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of.” (Albert Gallatin of the New York Historical Society, October 7, 1789). “The right of the people to keep and bear arms has been recognized by the General Government; but the best security of that right after all is, the military spirit, that taste for martial exercises, which has always distinguished the free citizens of these States….Such men form the best barrier to the liberties of America” – (Gazette of the United States, October 14, 1789.) “No Free man shall ever be debarred the use of arms.” (Thomas Jefferson, Proposal Virginia Constitution, 1 T. Jefferson Papers, 334,[C.J.Boyd, Ed., 1950]). “The right of the people to keep and bear…arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country…” (James Madison, I Annals of Congress 434 [June 8, 1789]). “A militia, when properly formed, are in fact the people themselves…and include all men capable of bearing arms.” (Richard Henry Lee, Additional Letters from the Federal Farmer (1788) at 169). “What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty…. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.” (Rep. Elbridge Gerry of Massachusetts, spoken during floor debate over the Second Amendment [ I Annals of Congress at 750 {August 17, 1789}]). “…to disarm the people – that was the best and most effectual way to enslave them.” (George Mason, 3 Elliot, Debates at 380)
Three Moves Against Freedom in One Day
Today was an interesting one if you enjoy either your First Amendment or Second Amendment rights.
Facebook deactivated the account of Arab reporter Khaled Abu Toameh, for the simple reason that he writes factual reports about Christians being chased out of Gaza and the West Bank. Facebook is run by a bunch of California L______s, and we all know just how much L______s enjoy suppressing dissent, dialogue, or inconvenient information that might make their policy positions look wrong. Toameh has done nothing wrong himself. No one accuses him of doing anything illegal, unethical, or factually wrong. Instead, he has simply run afoul of the ‘Arab Victim Lobby’.
In other words, Toameh doesn’t believe that Arabs are always victims and that Jews are always bad, and he often writes articles that demonstrate quite the opposite, from sources within the Arab world.
Toameh is a threat to the entire lie being told about Israel and America, and he is also a direct threat to Obama’s policy against Israel. So Facebook steps in to do its part to silence him. So much for the First Amendment at Facebook, which has been deactivating many user accounts for unspecified reasons. It’s never surprising that those users are not L______s.
On the Second Amendment front, today New York governor Cuomo signed into law what must be called a gun-prohibitionist’s dream. And Barack Hussein Obama announced unilateral efforts, known as executive orders, to destroy the Second Amendment. Bypassing Congress has become a favorite trick of this president, and it is sad that the Republicans have no one strong enough to stand up and confront Obama. Oh sure, there are elected officials (“leaders” in title only) who whine about what he is doing. But no one says they are going to tell their constituents to ignore these illegal efforts. I really do believe that the Republican Party is headed to oblivion. It is rotten inside, and it appears to be ready to die, shrivel up, rot, and then slowly grow something else out of its own dirt, many many years from now. A topic for another day, sadly approaching quicker than we know.
So in one day, Obama’s close friends at Facebook take a good hard shot at the First Amendment, while Obama’s chum in New York joins Obama in taking a shot at the Second Amendment.
America is being transformed, no question about it. Not for the better, and enormous gulfs are opening up as a result. Certain states are talking seriously about secession. The Tenth Amendment may come into play as states reassert much of their long-lost authority to an expanding Federal government, but who knows if that will happen in time?
Today was a heavy blow to liberty, and I think I’m going to go read my young son a night-night book, and think about kid things for an hour, take a break, and maybe watch an old movie with my wife. Tomorrow will be filled with more bad news, I am sure, and it will feel nice to take a break from it all.
Have a good night, punkin’.
Militia
“Militia” is an oval stained glass window in the Pennsylvania Capitol. Its prominent place is no accident. The militia were formative and fundamental to being American.
Anyone with an interest in the US Constitution and the Pennsylvania Constitution can look up what ‘militia’ means. All citizens are members of the various militias that have existed since our founding. All militias were mustered with the requirement that each member of the militia provide his own personally owned military grade long arm. The militia provided sufficient shot and powder for the coming engagement.
Whether or not Americans are aware or comfortable with the Constitutional requirements, they exist nonetheless. This is who we are.
Mr Obama, Mrs Feinstein, are you mustering us up?