Last week I commented on the Republican Presidential candidates’ knowledge of the Constitution. In that message I made the statement that the Constitution prevents an Obamacare-style individual mandate regardless of whether it’s implemented by the Federal government or a State government. Many of you responded with the same question: “What part of the U.S. Constitution prevents a State government from imposing an individual mandate?” This message is my response to that question:
The U.S. Constitution imposes upon the Federal government a duty to protect certain rights of individual citizens against intrusion by State government. This duty arises from at least two places in the Constitution: Article IV section 2, and the 14th Amendment.
Article IV section 2 states: “The citizens of each State shall be entitled to the privileges and immunities of citizens in the several States.”
The 14th Amendment section 1 states: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
These sections unquestionably do impose upon the Federal government a duty to protect individual citizens from State violations of certain rights. But, the question is: what rights are protected from State intrusion? That question has been debated since the Constitution was ratified. We fought a war over it, and the question is still being hotly debated. When it’s answered poorly States lose sovereignty, millions of babies are murdered, private property is stolen by States, and many other rights are violated. When it’s answered properly States are prevented from denying free speech, prevented from imprisoning individuals without a jury trial, prevented from disarming their citizens, and prevented from stealing private property. Continue reading “Are we in a prison without bars?” »
When first I began this intellectual exercise, I did not anticipate being deluged by information concerning the topic. Particularly recent SCOTUS decisions. On June 16th, the SCOTUS returned their surprising decision in the case of Carol Anne Bond v. United States (564 U.S.______(2011)). This case seems to be a significant departure in the thought of the Supreme Court of the United States, as I read it. We will explore that later in this article.
The main purpose for the addition of these few introductory lines is simply to let you know that I will endeavor to be as accurate and coherent as possible for the purposes of this article despite this deluge. Yet mistakes may creep in. In addition, I continue to caution that I am not a lawyer, but a scholar seeking some truth to this particular Constitutional division of power.
In this article I reference the USC or United States Code. The USC is the actual book of federal laws as passed by Congress. These are not to be confused with the Federal Register which is a list of “regulations” or “laws” set forth by people whom you did not vote for. These are usually based on the desires of corporate entities. Sounds somewhat “undemocratic” for such a “democratic” society.
CD-1 candidate Wenona Benally Baldenegro has recently focused a lot of time and energy accusing Congressman Paul Gosar of being an extreme tea party Republican. The Huffington Post even covered her campaign with an article titled Arizona’s New Democrats: Wenona’s Bid Inspires Bipartisan Campaign Against Radical Tea Party Rep. Gosar.
Interesting campaign strategy but there’s a huge problem with the premise. Congressman Gosar is anything but a tea party Republican. Yes, he was endorsed by Sarah Palin and yes, he was elected largely due to tea party support but that is where his tea party credibility ends.
Having been very involved with the tea party during the 2010 election, I know firsthand that many in the tea party gave Gosar their complete support based solely on his opposition to the national healthcare bill (and the fact that he waved a pocket Constitution around and promised to consult it before every vote). Few bothered to check any further. If they would have, they would have realized that Gosar is your average status quo Republican who will vote party over principle every single chance he gets. It also would have been clear that Gosar has zero respect for the Constitution, individual rights and personal freedom (perfect example: Gosar was part of a movement a decade ago that tried to force fluoride on the residents of Flagstaff ).
Gosar’s recent vote to raise the debt ceiling along with his votes to extend the “Patriot Act” fly in the face of his supposed tea party principles. These votes (and others) have led to tea party members abandoning the Gosar ship in droves.
As you are aware, ATF ran a program called “Fast and Furious” out of their Phoenix office whereby the let assault rifles “walk” into the hands of the Mexican drug cartels and various border bandits.
Two of those ATF “walked” guns, which were sold by a Phoenix area gun shop with the knowledge of ATF, were found at the murder scene of Border Patrol agent Brian Terry.
While various investigations are on-going at the federal level, there appear to be important state law issues involved in this situation.
I specifically call your attention to Arizona Revised Statutes Title 13 Section 1201 “Endangerment”
13-1201. Endangerment; classification
A. A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
B. Endangerment involving a substantial risk of imminent death is a class 6 felony. In all other cases, it is a class 1 misdemeanor.
Last week’s NPR interview on “Tell Me More” really should be called “Tell Me Less”. Their heavy editing of only The Radiance Foundation’s perspective, while preserving every word spoken by Reverend Carlton Veazey,revealed NPR’s typical liberal bias and uninformed defense of Planned Parenthood. The Religious Coalition for Reproductive Choice CEO’s closing remarks (nearly two minutes versus mine which were cut down to 15 seconds) were just a continuation of pro-abortion histrionics by the historically challenged.
Veazey was unwilling to address the epidemic of abortion in the black community, even denying Planned Parenthood’s entire history rooted in the racist pseudoscience of eugenics. He played the role so clearly defined by Margaret Sanger’s original Negro Project back in 1939, using black pastors to propagandize on her behalf. Margaret Higgins Sanger Slee was a grand manipulator and strategist, with a veritable war chest from her second husband, Noah Slee, an oil tycoon.
Many of her aggressive and repulsive eugenics-based efforts were funded by organizations sympathetic with her Birth Control crusade. One of those population control entities was the Ford Foundation, which also funds the Religious Coalition for Reproductive Choice (RCRC) and pro-abortion activist groups like SisterSong, both staunch defenders of Planned Parenthood. Money was never an obstacle for Sanger and her fellow eugenicists. However, ideological resistance, rooted in Christian faith, was.
Seems that the idea of Vice Mayor John Kocjan to change the name of Page, Arizona to something to do with Lake Powell died as quickly as I hope his political career does.
He is quoted in the Arizona Daily Sun as saying, “People ask me where I’m from and I tell them, ‘Page.’ They say, ‘Where?’ I’ll say, ‘Lake Powell,’ and they’ll say, ‘I know where that is’.”
I was born in Page while my father built that lake. We don’t need to change for every Californian that does not know the geography of Arizona. Why don’t you all just go back to California and stay there.
In an article entitled “GunWalker” at the III Percent Patriots blog, Kerodin III wrote an article beginning with, “Most of you know I rarely comment of GunWalker because I consider it a useless Sparklie.”
In the article, he writes, “Consider: Every ATF Agent who let guns walk, who let Americans purchase firearms without interference, whether they knew it or not, were following 2A.” His article contends that those who are beating the drum against the ATF are actually working against the Second Amendment.
Allow me to start by pointing out a few things. Kerodin III is probably not his real name. Liberals like to cry See! He didn’t even use his real name! I only point this out because it shows their ignorance to their own history. The Federalist and Anti-Federalist used pseudonyms when arguing whether or not the Constitution should even be adopted. Kerodin III is simply following his founding father’s example and using a pseudonym does not distract one iota from his opinion. In addition, I understand the principle of the “3-percenters,” and respect their opinions.
In this case, however, I must respectfully disagree with this writer.
We must understand what the “GunWalking” scandal is really all about. We first heard about it when we heard how Arizona gun dealers were delivering fully-automatic weapons by the truckloads to the drug cartel in Mexico City. Or so the Obama administration would have you believe. Now we learn the truth. Gun dealers in Arizona were told to sell the weapons to known illegal buyers by the ATF. Those same gun dealers were vilified by that very agency. To this day the Mexican government and lame stream media perpetrates this farce every time a bust is made. Continue reading “The Real problem with the GunWalking scandal” »
On May 24 it was reported that, “Governor Jan Brewer today announced that she has directed Arizona Attorney General Tom Horne to file suit by the end of the week seeking a declaratory judgment from a federal court regarding the legality of the Arizona Medical Marijuana Act (AMMA).”
Democrat Brewer laud “initiatives” and “referendums”—both unconstitutional means of making laws—when 38% of Arizona voters raise the sales tax for everyone. When it comes to things she doesn’t like, she sues to stop it. You might remember, years ago, when we passed a medicinal marijuana initiative and the State legislature overturned the “will of the people” because you were too stupid to understand it.
What happened to the “will of the people?” What happened to your vaunted Democracy, Brewer?
“For the state employees charged with administering the medical marijuana program or the Arizonans who intend to participate as consumers, it’s important that we receive court guidance as to whether they are at risk for federal prosecution,” said Governor Brewer. “As explained in a recent letter from the U.S. Attorney for Arizona, the federal government considers marijuana a controlled substance. Arizonans deserve clarity on an issue with such dire legal implications.”
The federal government considers marijuana a controlled substance. Guess what. They consider Codine a controlled substance. They consider Atorvastatin a controlled substance and the side-effects of this drug are much more unpleasant than marijuana. There are a number of “controlled substances” prescribed by doctors everyday. Particularly ones produced by companies they have invested in. No one is controlling that.
After almost a hundred years, you would think Arizona would finally get the Tenth Amendment.
Democrat governor Jan Brewer could just tell the feds to stick it. She could arrest any fed who violates their oath to protect the Constitution by enforcing these laws contrary to the Ninth Amendment.
There is nothing in the Constitution that allows the federal government to make laws concerning drugs in the first place. Only a twisted contemporary concept of the Interstate Commerce clause is used for them to take mock authority over the issue. Without the drug trade, of course, politicians would not get richer and the CIA would have less black op funds.
States do have a right to regulate the use of substances, but not ban them completely. Particularly something that is less dangerous than the “legal” drug—Alcohol.
Mr. Pritchett, former vice president of Proctor & Gamble who was with the company for 26 years. He wrote Stop Paddling & Start Rocking the Boat in 1995. He verified the letter to Snoopes.com.
I did write the ‘you scare me’ letter. I sent it to the NY Times but they never acknowledged or published it. However, it hit the Internet and according to the ‘experts’ has had over 500,000 hits.
This letter was written in 2009 before Obama’s usurpation of office.
The Separation of Church and State poster child—Thomas Jefferson—is quoted as saying, “To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical.”
The Republican-controlled house has created a list of budget cuts. The White House contends these cuts represent cuts in services that will destroy the lives of every American (paraphrased). It is much better to leave the People destitute and penniless in return for these important services. Continue reading “Budget cuts objectionable to the White House” »
The George Mason University Mercatus Center recently released a report on the freedom of the fifty States of the union. Arizona rose just above the median ranking 22nd. Apparently we need to adopt more of the ideas of New Hampshire and South Dakota. Those two States were virtually tied according to the report Freedom in the 50 States [Link is a PDF. You can right click on the link to download it.].
Our Fiscal Policy Ranking puts us at Number 25, but we fared better in our Regulatory Policy where we ranked Number 14. Our recent increase in sales tax probably killed our Fiscal Policy Ranking (Thank you, Governor!). We ranked 22nd in Economic Freedom and dropped to 26 in Personal Freedom.
The only positive ranking is for gambling taxes. So let’s hit those casinos!
New Jersey and New York round out the bottom of the list.
I object to the idea of Californians moving to Arizona unless they are carrying guns and a copy of the Constitution and LEAVE THEIR IDEAS AND EDUCATION BACK THERE. In fact, as governor I would have required them to take a test on the Constitution before they would be allowed to vote.
The problem is that when those people move here from California, they bring California with them. This is how we gain a population of illegals voting and getting welfare and food stamps and increases in the sales tax, and how McCain keeps getting elected. The danger is that we might see a Flakey Senator next.
We should be teaching gun control in our schools. More accurate aim is vitally important. We should, also, be teaching the Constitution.
Another nudge toward the top of the list would be to start kicking the feds out of the State except where they have Constitutional authority; i.e., Military bases, federal court buildings and Federal Marshall’s offices.
There was no call for “sensible” or “reasonable” gun control in this shooting. No call to limit the capacity of magazines and no call to end the vitriol of talk radio. Actually, there might be another call for that last item.
According to Pima County Attorney’s office, the shooting of former Marine and Afghanistan war veteran Jose Guerena was justified.
After the May 5th shooting, the Pima County Sheriff’s office revealed multiple arrest warrants and alleged involvement in a home invasion and murder.
Pima County Deputies did, according to reports, knock and give warning that they were Sheriff’s Deputies. According to new accounts that are only now surfacing, one can agree that action was probably justified.
One might wonder, however, if 70 rounds in thirty-seconds is wise. Most citizens agree that police have a right to defend themselves as much as you do. If they were confronted with a weapon after knocking and identifying themselves, that right certainly applies.
The problem today is that, in many situation, the police are given virtually the same powers as the British Army that was a partial cause of the War of Independence. Search warrants issued far exceed the wording of the Fourth Amendment of the Constitution with the full blessing of the Supreme Court. Search warrants are supposed to be specific in what is to be seized and its location. Search warrants today are little more than fishing expeditions.
Another problem is the “prohibition” factor figured into this whole “illicit” drug trade. The Ninth Amendment makes the drug ban unconstitutional. It can be regulated, however, much as we do alcohol. The only thing this prohibition has done is to return us to the days of alcohol prohibition when politicians, government agencies and mobsters made money off of the trade.
“I gave you no choice. That’s the whole, bright mystique of life, isn’t it? Choice. Maybe that’s what the soul is. Choice.”
“Can we live with the loss of it?”
“Perhaps. But I think it would be better to die trying to win it back.”
Outer Limits episode from the sixties. A Feasability Study is the story of a group of humans taken by aliens for the purpose of slavery. Interesting. Our “government” simply uses welfare, taking over the health care system and the PATRIOT act. They’ve already turned their Constitutional duty to coin money and regulate the value thereof to a cabal of private bankers.
Local TEA party members cannot use Recreation center, but people who don't live in Williams with money can.
The kids of Williams are having a two-day outing complete with hotdogs and sodas at Buckskinner park. That is actually not a bad idea to give a chance for kids to get outside in the sun and fresh air. The reason they are ousted, though, is to clear the way for members of the HOG rally to take over the facilities.
Recently, the TEA party members that live in and around Williams were told they could not use the facilities on Monday nights when the facility is not in use by the kids.
May 22, 2012 1813 Richard Wagner 1931 Kenny Ball 1950 Bernie Taupin 1859 Sir Arthur Conan Doyle 1938 Susan Strasberg 1959 Morrissey 1907 Lord Laurence Olivier 1946 George Best 1970 Naomi Campbell
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