SCR 1008 and SB 1081, allowing counties to declare emergencies and clean up forested areas, passed the committee with a vote of six yes and two not voting.
SB 1083 passed with six yeas, one nay and one not voting.
With a growing number of Americans becoming alarmed at the recent passage of the National Defense Authorization Act because of its provisions allowing American citizens to be indefinitely detained and denied due process, some states and even counties are taking action. The state of Rhode Island, as well as Colorado’s El Paso County, have drafted resolutions to nullify the NDAA, a step that other states and counties are soon expected to follow. Likewise, the state of Montana has launched an effort to recall their Senators — Democrats Max Baucus and Jonathon Tester — as well as Republican Congressman Dennyi Rehberg, all of whom voted for the NDAA.
Montana is just one of nine states with constitutional provisions asserting the right to recall members of its congressional delegation for reasons including a violation of their oath of office. The Montana Code 2-16-603 reads: “(2) A public officer holding an elective office may be recalled by the qualified electors entitled to vote for the elective officer’s successor.”
The other eight states are Arizona, Colorado, Louisiana , Michigan, Nevada, North Dakota, Oregon, and Wisconsin. In New Jersey, efforts to pass such a law failed when a state judge declared that “the federal Constitution does not allow states the power to recall U.S. senators.” Critics of that decision contend that the 10th Amendment to the Constitution in fact does permit such a law.
NYPD Commissioner Ray Kelly told CBS in New York his department is looking to deploy Terahertz Imaging Detection scanners on the street in the war on “illegal guns.”
Kelly said the scanners would be used in “reasonably suspicious circumstances” and intended to cut down on the number of stop-and-frisks on the street. So called stop-and-frisks are considered a violation of the Fourth Amendment.
New York City is largely a Second Amendment free zone. The city’s mayor, Michael Bloomberg, has said that citizens “acting outside of any governmental military effort” should not be allowed to protect themselves with firearms.
I have been following the formation of the Arizona State Guard since I read that Governor Jan Brewer authorized its formation. I support it fully.
As I read the current submitted legislation—SB 1083—I understand the guard to be part State Defense Force and part law enforcement. However, it is under the umbrella of the militia.
Much of the legislation does comply with a Constitutional militia. On lengthier review, however, I find that it uses too much military and not enough militia. I sent my concerns in this area to the Governor and Senator Sylvia Allen.
One concern I have is the use of the Uniform Code of Military Justice and the Judge Advocate General of the National Guard. It could be that they are trying to avoid the government objections to this project to prevent a law suit similar to that of SB 1070.
It should be remembered that the Second Amendment was added for a very specific reason. 1st, the militia are NOT TROOPS in the sense of Article 1, Section 10, Clause 3 of the Constitution.
In Perpich v. DOD of 1990, Mr. Justice Stevens noted, “It is undisputed that Congress was acting pursuant to the Militia Clauses of the Constitution in passing the Dick Act. Moreover, the legislative history of that Act indicates that Congress contemplated that the services of the organized militia would ‘be rendered only upon the soil of the United States or of its Territories.’ H.R.Rep.No. 1094, 57th Cong., 1st Sess., 22 (1902).”
The Dick Act is the act that formed the National Guard. That act was amended in 1908 to include service within and without the territories of the United States. The National Guard takes a dual oath to the United States and the State. When they are “federalized,” they are relieved of duty in the National Guard and a part of the army. It is a complex system which basically eliminates their character as “militia.” The District court rejected the claim of Governor Perpich, “holding that the federal Guard was created pursuant to Congress’ Article I, § 8, power to raise and support armies.” They are a branch of the standing army. Continue reading “On further consideration of SB 1083” »
The Arizona Senate has introduced S.B. 1083 to form the Arizona State Guard after the authorization passed last year. Senate President Pro Tempore Sylvia Allen, and republicans Steve Smith, Gail Griffin, Lori Klein, Al Melvin, Rick Murphy introduced the bill. Republican representative David Gowan and Terri Proud added their names to the legislation.
Title 26-174 subsection A of the Arizona Revise Statute—originally amended to authorize a guard—would be replaced with Subsections A and B to read:
A. An armed force, known as the Arizona state guard, is established for the purpose of securing the safety and protection of the lives and property of the citizens of this state. The intent of the Arizona state guard is to provide a mission-ready volunteer military force for use by this state in homeland security and community service activities as a supplement to the national guard of Arizona and state and local law enforcement agencies. The Arizona state guard exists as part of the militia under article XVI, section 2, Constitution of Arizona, and a defense force under 32 United States Code section 109.
B. The mission of the state guard is:
1. To support this state in securing the border with Mexico and supplement the efforts of law enforcement and state agencies.
2. Augment the national guard.
3. Support county and municipal leaders in combating international criminal activity.
4. Respond to natural and manmade disasters.
5. Search and rescue efforts.
6. Support community activities.
7. Other missions directed by the governor.
“No experiment can be more interesting than that we are trying, and which we trust will end in establishing the fact, that man may be governed by reason and truth. Our first objective should therefore be, to leave open to him all the avenues of truth. The most effectual hitherto found, is the freedom of the press. It is, therefore, the first shut up by those who fear the investigation of their actions.”–Thomas Jefferson
STANFORD, Calif.–President Obama is planning to hand the U.S. Commerce Department authority over a forthcoming cybersecurity effort to create an Internet ID for Americans, a White House official said here today
It’s “the absolute perfect spot in the U.S. government” to centralize efforts toward creating an “identity ecosystem” for the Internet, White House Cybersecurity Coordinator Howard Schmidt said.
That news, first reported by CNET, effectively pushes the department to the forefront of the issue, beating out other potential candidates, including the National Security Agency and the Department of Homeland Security. The move also is likely to please privacy and civil-liberties groups that have raised concerns in the past over the dual roles of police and intelligence agencies.
The announcement came at an event today at the Stanford Institute for Economic Policy Research, where U.S. Commerce Secretary Gary Locke and Schmidt spoke.
The Obama administration is currently drafting what it’s calling the National Strategy for Trusted Identities in Cyberspace, which Locke said will be released by the president in the next few months. (An early version was publicly released last summer.)
There is something so far-fetched and so extravagant in the idea of danger to liberty from the militia, that one is at a loss whether to treat it with gravity or with raillery; whether to consider it as a mere trial of skill, like the paradoxes of rhetoricians; as a disingenuous artifice to instil prejudices at any price; or as the serious offspring of political fanaticism. Where in the name of common-sense, are our fears to end if we may not trust our sons, our brothers, our neighbors, our fellow-citizens? What shadow of danger can there be from men who are daily mingling with the rest of their countrymen and who participate with them in the same feelings, sentiments, habits and interests? What reasonable cause of apprehension can be inferred from a power in the Union to prescribe regulations for the militia, and to command its services when necessary, while the particular States are to have the SOLE AND EXCLUSIVE APPOINTMENT OF THE OFFICERS? If it were possible seriously to indulge a jealousy of the militia upon any conceivable establishment under the federal government, the circumstance of the officers being in the appointment of the States ought at once to extinguish it. There can be no doubt that this circumstance will always secure to them a preponderating influence over the militia.—Alexander Hamilton, Federalist Paper No. 29, Concerning the Militia
In a 2008 article at the RAW Story web site, Craig Johnson, an associate professor at Point Loma Nazarene University, took place in a demonstration against expanding the border fence. He alleged that the border patrol was taking license plate numbers more than a mile away from the border.
Johnson said that he traveled to Mexico about a week after the protest and when he returned, he was handcuffed when his name came up as armed and dangerous.
The ACLU web site has an interactive map display the 100-mile border area which they call “Constitution-Free” zones in which the Department of Homeland Security, apparently, reserves the right to stop and search any vehicles for any reason. They are apparently taking intelligence on American citizens, as well.
Kind of makes sense since the Justice Department supplied guns to the Mexican drug cartel.
Americans bought record numbers of guns last month amid an apparent surge in popularity for weapons as Christmas presents.
According to the FBI, over 1.5 million background checks on customers were requested by gun dealers to the National Instant Criminal Background Check System in December. Nearly 500,000 of those were in the six days before Christmas.
It was the highest number ever in a single month, surpassing the previous record set in November.
Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the “Bill of Rights.”
Bill of Rights: Click for larger view
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution. Continue reading “Happy Bill of Rights Day!” »
Are you ready? Your government wants to know. Why? During Katrina, FEMA was rounding up private food, generators and other items from citizens who stored them becoming guilty of significant Fourth and Ninth Amendment violations of the Bill of Rights. Now the Oath Keepers learned that they spit on the Fourth, again, by targeting the organization that provides foods for emergencies by taking a fishing trip through their records. It is no secret that the Supreme Court has twisted the Fourth Amendment far afield from what the “founding fathers” intended. But, at least, they say that police powers have to have reasonable cause to believe that a crime has been committed to conduct a search. That is why TSA searches are unconstitutional. Wanting to fly is not reasonable cause to believe that a four-year old girl needs to be fondled in public.
Oath Keepers has learned that federal agents recently visited a Latter Day Saints (Mormon) Church food storage cannery in Tennessee, demanding customer lists, wanting to know the identity of Americans who are purchasing food storage from the Mormons.
This incident was confirmed, in person, by Oath Keepers Tennessee Chapter President, Rand Cardwell. Here is Rand’s report:
“A fellow veteran contacted me concerning a new and disturbing development. He had been utilizing a Mormon cannery near his home to purchase bulk food supplies. The man that manages the facility relayed to him that federal agents had visited the facility and demanded a list of individuals that had been purchasing bulk food. The manager informed the agents that the facility kept no such records and that all transactions were conducted on a cash-and-carry basis. The agents pressed for any record of personal checks, credit card transactions, etc., but the manager could provide no such record. The agents appeared to become very agitated and after several minutes of questioning finally left with no information. I contacted the manager and personally confirmed this information.
The Desert Freedom Press Publisher Jennifer Jones was arrested Friday afternoon in the Quartzsite Post Office by Sergeant Xavier Frausto and Police Chief Jeff Gilbert. Jones states that she repeatedly asked them what the charge was, but they refused to tell her. Later, she finally learned that she had been charged with felony witness tampering, over an unsubstantiated allegation made by a woman named Denise Florian.
Florian, who admits to having a drug and alchohol problem moved to Quartzsite over the summer and was almost immediately appointed to the town personnel board to oversee the appeal hearings of the Quartzsite police officers wrongfully terminated over the summer. She was subsequently appointed to the town Health and Development Board which then made recommendations to the council about how much money to give the Senior Center, Museum, and Chamber of Commerce.
Americans completely stripped of all rights under Section 1031
Paul Joseph Watson
Infowars.com
Friday, December 2, 2011
The Senate last night codified into law the power of the U.S. military to indefinitely detain an American citizen with no charge, no trial and no oversight whatsoever with the passage of S. 1867, the National Defense Authorization Act.
One amendment that would have specifically blocked the measures from being used against U.S. citizens was voted down and the final bill was passed 93-7.
Another amendment introduced by Senate Intelligence Committee Chairman Dianne Feinstein that attempted to bar the provision from being used on American soil, an effort to ensure “the military won’t be roaming our streets looking for suspected terrorists,” also failed, although Feinstein voted in favor of the bill anyway.
Almost unbelievable. Holder actually faces Congress and blames them for Fast and Furious.
“But beyond identifying where errors occurred and ensuring that they never occur again, we must be careful not to loose sight of the critical problem that this flawed investigation has highlighted,” he said in this clip.
Yea, Congress. What’s up with that? It should be illegal for government agencies to order gun dealers to sell guns to the Mexican drug cartel that most Americans can’t afford to buy. It makes the Americans outgunned by a hostile enemy force. Not to mention getting Mexican citizens and border patrol agents killed.
Oh, yea. That is illegal.
It just so happens that Americans buying multiple guns is not the problem. The problem is government agencies running interference for gun sales and non-enforcement at the border. I thought the border was secure, Janet.
February 22, 2012 1732 George Washington 1857 Lord Baden Powell 1926 Kenneth Williams 1928 Bruce Forsyth 1933 Sheila Hancock 1933 The Duchess of Kent 1949 Niki Lauda 1950 Julie Walters 1974 Drew Barrymore
Have a question concerning the Constitution and your rights? You can try our U.S. Succinct Court Office.. WE ARE NOT LAWYERS and we CANNOT GIVE ADVISE on any case that may be pending for or against you. We can, however, provide links to resources that might answer your questions. Feel free to use our Contact Form.
The Constitutional Republic Party web site is NOT a non-profit organization for tax purposes. We do not provide candidates for office, but we support candidates with Constitutional views. Our current purpose is to provide education about the true purpose of the Constitution, the Bill of Rights and other historic documents. We do provide information and news which may have an impact on your Constitutional rights.
We will publish almost any, intelligent articles and opinions that do not contain cursing and do not advocate physical violence against an individual or group of individuals---even if they are belligerent. Those opinions expressed and comments in reply to such opinions are solely those of the authors.