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US Supreme Court decides straight forward case with weird outcomes

Fernandez v. California was decided yesterday by the US Supreme Court.  Everything about it is just…weird.

In a holding that is enraging advocates of private property rights, limited government, and citizen privacy, the Court’s conservatives were joined by two liberals to allow the police to enter a private home without a warrant, even if one resident says they cannot enter, because another resident said they could enter.

In other words, if the police get a resident of a home to grant permission to enter that home for the purpose of searching for something illegal, which the police now do not have to specify in writing, the police may enter.  What they are looking for could be unknown, or undocumented.  Maybe they are on a fishing expedition, just looking for anything they could use against the person who said they did not want the police to enter.  It seems like planting evidence would be a lot easier, now.  In any event, your home is no longer your castle, if a pissed off teenager inside decides to take out their misplaced teenage aggression against their loving parents.

Seems like a recipe for disaster.

Justice Ginsburg wrote a dissent, noting the obvious erosion in Fourth Amendment rights against illegal searches and seizures that result from holdings like this.  Ginsburg is the court’s most liberal member, an extremist who has spoken out against the US Constitution she is sworn to uphold, and an authoritarian statist who otherwise just loves, loves, loves state power over citizens.

And here’s the really weird stuff: The facts involve “illegal guns,” which in California is anything down to and including a Daisy BB gun, and documented domestic violence.

The person blocking the police from entering the home to search it was the Mr. Wife-Beating Fernandez, a scumbag who held his cringing wife prisoner under brutal circumstances.  After he was momentarily out of the picture and not a direct threat, she allowed the police to search the house, where they found the illegal guns (let’s be clear – California is on the path to making all gun ownership illegal, except by the police, which is otherwise known as a police state, a separate topic).

Thus did Mr. Macho Wife Beater get into even more and more serious trouble with the legal system, and thus did he subsequently attempt to suppress the evidence the police found, which really put him away behind bars for a while.

Ginsburg and other liberals typically trumpet the rights of domestic abuse victims, but here they are clearly ranking them beneath the rights of the gun-owning wife beater.  Weird.

Conservatives like Alito typically champion the rights of gun owners and are split 50/50 on privacy rights.  But here they are so obviously opening up the flood gates of potential abuse by police.  No warrant?  No documentation for probable cause? Husbands and wives typically cannot testify against each other, but here they are now allowed to defy one another in the family ‘castle’ so the state apparatus may enter at will.

Seems like a pretty huge detonation of American citizens’ privacy rights.  Weird.

 

A brief, simple reminder

With the obvious flaws in the new religion of human-caused global warming/ global cooling/ climate change, way too many conservatives lump together all of the environmental issues and then dismiss them with equal carelessness.

Just a reminder: Clean air comes from nature’s natural processes, mostly from trees and other large plants that convert carbon dioxide to oxygen.

Another reminder: Clean fresh water comes from underground filtration through rock layers and sand, in undisturbed or otherwise healthy watersheds.

Both clean air and clean water are necessary for human life to continue as we know it. Both air and water are produced by free ecosystem services that nature perfected for a long time. Humans can kind of reproduce these processes mechanically, but they are energy-dependent and hard to maintain.

Yes, the whole global climate change religion thing is a political effort to shut down western civilization and transfer its wealth to authoritarian countries. But that doesn’t mean that there aren’t real environmental quality problems. Fact is, humans pollute, and pollution needs to be resolved. Fouling our own nest is a sloppy, stupid thing to do. We don’t need to do it.

So quit lumping all environmental issues in with human – caused global climate change politics. Focus on the real, measurable problems and solve them. Ignoring them is foolish, and humans are not fools. Basic land and water conservation are necessary to keep people healthy.

Property rights, anyone? Republicans? Hello?

My fellow Republicans have just passed a two-sentence law that single-handedly strips away private property rights from private landowners in Pennsylvania, and Governor Tom Corbett is weighing whether or not to sign it.

To wit: If you signed an oil and gas lease that is still in force, and it is silent on being unitized with some other gas drilling unit miles away, why then, the gas company can put you in that unit, begin paying you some paltry sum, and your lease never ends. The gas company can come back for your gas decades later. You are completely stuck and do not have the opportunity to renegotiate better terms for a new lease.

Never mind that the same “Republicans” who propagated this anti-American Communist plot are also the same ones who were championing forced pooling, too.

Some of these jokers are in the administration, so more on them later, on an as-needed basis. Keep in mind that some of these guys, and one person comes to my mind immediately, have never made a dollar in the private sector. Rather, their entire Republican careers have been spent on the taxpayer dole, in some public role or another. And here they have the cajones to try to strip private landowners of their private property rights.

Many voters know me as an American political activist first, and a Republican last. This recent vote in both the PA House and PA Senate reconfirms for me that my beliefs best lie with the more independent-minded, and not with the partisans. It is a sad fact that Democrats are for forced pooling, too, and also believe that private property rights are best managed by government or its corporate buddies.

But that is not my fight. I am a conservative and a Republican, and by God, when I see something that stinks this bad, I am calling it what it is: Crap.

The Republican Party ought to be made of better people who know better. For shame.

Republican Establishment Owns ObamaCare

The Republican Establishment Owns Obamacare
June 28, 2012
By Josh First

By a 5-4 decision, the US Supreme Court today has upheld Obamacare “as a tax.” Chief Justice Roberts has joined the other four liberals on the U.S. Supreme Court in upholding Obamacare, that disastrous imposition of Marxism upon what has been a healthy, vibrant capitalist nation. Because Congress has the authority to levy taxes, Obamacare’s mandate is held not unconstitutional. It stands.

Obama sold Obamacare as “not a tax.” Obama lied. You are now even more greatly taxed by the Federal government. A panel of bureaucrats now stands between you and your doctor.

The basic takeaway is that the Republican establishment owns this decision.

The Republican establishment did not create Obamacare (well, maybe Massachusetts’ RomneyCare contributed to it…), but it aided and abetted it by not standing up when it counted. For decades, Republican senators, leaders all, have taken “the high road,” and remained “high minded” during court nominations, according to the mainstream media whose approval these moderate Republicans always seek.

Republican senators have always allowed Marxists and other unqualified nominees to the Supreme Court to be confirmed for a hodgepodge of lame reasons, like “She is just so smart, like really, really smart!” Sotomayor and Kagan were not filibustered. No Republican senator stood in front of their locomotive and declared them to be far outside the mainstream of American values and thinking, which they are.

But Democrats fight conservative nominees tooth and nail, always proclaiming their views to be “outside the mainstream.” Or they lie about them, like Justice Clarence Thomas and Robert Bork experienced. Democrats fight to win, not to appease the media.

Republican “moderates” are in fact liberals with a conscience, meaning that on big issues of vision and founding principles, moderate Republicans are not on your side. They are not on America’s side. During the Revolution, they would have been the business owners who gladly talked up insurrection to save their businesses, but who helped King George on the side as much as they could. Moderate Republicans would not have been at the Boston Tea Party.

The result is that we now get a Supreme Court stacked with justices who do not share the views of America’s founders, who think that the US would be better served with a Constitution like that of South Africa (Ginsberg), and that requiring US citizens to buy something is just fine and in keeping with the way America has always been run, which it hasn’t.

The result is that conservatives must now work twice as hard to elect leaders who will undo, de-fund, undermine, and otherwise overturn Obamacare through the legislative process.

What can you do?

For starters, actively support and vote for conservatives, only, at all levels of government. Moderates will sell you out on the key issues. When the Republican Party of __________ says that they have endorsed a candidate in a primary race, run screaming in the opposite direction. You know that their candidate will be yet one more go-along, get-along, spineless, gutless weasel owned by Party bosses, unable to stand up for basic conservative principles.

Second, you can also encourage current US senators to fight future liberal nominees to the US Supreme Court (and Federal courts) on the grounds that they are out of the mainstream and therefore unqualified.

Finally, conservatives must work hard to elect U.S. senators who have the backbone necessary to both reject leftist candidates for the Supreme Court and also confirm true, principled conservatives. You can easily identify a principled conservative: They stand and run on their own merits; they don’t seek Republican Party approval.

Justice Roberts is a prime example of the “moderate” Republican. Ultimately, he sided with people whose vision for America is dramatically at odds with its founding principles. Justice Roberts should be impeached from the high court, along with the other liberal Justices who have failed to hew to their oath of office.

It’s a sad day for America, and a reminder that freedom does not come easily. Take back your country, folks! See you on the barricades!

Josh
Josh First
www.joshfirst.com

Obamacare is a tax?!

Chief Justice Roberts has joined the other four liberals on the U.S. Supreme Court in upholding Obamacare, that disastrous imposition of Marxism upon what has been a healthy, vibrant capitalist nation.

The result is that conservatives must work hard to elect leaders who will undo, de-fund, undermine, and otherwise overturn Obamacare through the legislative process.

And just as important, conservatives must work hard to elect U.S. senators who have the backbone necessary to both reject leftist candidates for the Supreme Court and confirm true conservatives.

Justice Roberts is a prime example of how “moderate” Republicans are nothing more than liberals with a conscience. Ultimately, he will side with people whose vision for America is dramatically at odds with its founding principles. Justice Roberts should be impeached from the high court, along with the other liberals who have failed to hew to their oath of office.

It’s a sad day for America, and a reminder that freedom does not come easily.