Posts Tagged ‘Law’

obama care in the crosshairs

May 13, 2010

The government of epic fail obama has tried to claim that the wholly un-Constitutional obamacare does not violate the Constitution.

Congress acted well within its power to regulate interstate commerce and to provide for the general welfare, Justice Department lawyers argued in a 46-page brief filed in federal district court in Detroit. For the courts to overturn President Barack Obama’s signature domestic legislation would amount to unwarranted interference with the policymaking authority of Congress, they added.

When will the coronation begin? So the vulcan eared phony can ram anything down the throats of the people of America? If this monstrosity was so Constitutional and good for America then why the bribes? Why did getting it passed require so many back room deals?

The case could go all the way to the Supreme Court, since more than a dozen state attorneys general have also filed suit against the legislation on broadly similar grounds. Cases are pending in federal courts in Virginia and Florida, raising the possibility that different appeals courts could issue conflicting rulings that the Supreme Court would have to resolve.

So, we the people, will once again have to bend our collective knees and adhere to the law like good little Boy Scouts? Anyone with as much as mush between their ears saw what can be expected during the Town Hall Meetings. We, the people, are fed up with overbearing government! before of all you leftist get your panties all wadded up bear in mind that the above statement applies to Republicans as well as democrat / socialist’s. Two, or more wrongs do not make a right people. Further, who does them makes not a single iota of difference.

“Under the government’s theory, they could force anyone to purchase vitamins, join a health club, or buy a General Motors vehicle, for that matter,” said Robert Muise, a lead attorney for the Thomas More Law Center, the conservative group that filed the Michigan lawsuit March 23, the same day Obama signed the law.

This country simply cannot wait for this to go to the Supreme Court. This needs to be stopped in it’s tracks. Add in the Court stacking that the current regime is doing, and this is the sort of thing that we can look forward to for quite some time.

SOURCE for the quotations above.

Additional information

And the cost?

Let’s not forget about the hidden gun control, that was stripped out, and then sneaked back in like a Lautenberg in the night.

Elena Kagan: As more becomes known

May 12, 2010

Long before Supreme Court Justice John Paul Stevens’s April 9 announcement that he will retire this June, legal observers had already picked a front-runner for the seat Stevens has occupied for 34 years: former Harvard Law School dean and current US Solicitor General Elena Kagan.

Kagan is seen as the politically wise choice for Democrats. Some legal and political observers say the moderate credentials that earned her quick congressional approval in 2009 for solicitor general — the government’s head lawyer and spokesperson before the Supreme Court — would translate into a relatively smooth Supreme Court confirmation. Having already approved her as SG, it would be difficult for congressional Republicans to oppose Kagan’s nomination and paint her as “outside the mainstream.”

But this focus on short-term political calculation obscures the most significant consideration. On matters of executive authority — where the judicial branch has been a vital bulwark against post-9/11 “war on terror” civil-liberties violations — Kagan’s record indicates an ideological departure from Justice Stevens, who authored watershed detainee-rights opinions and organized the five-justice majorities that struck down other Bush administration power grabs.

To be sure, attempting to assess a judicial philosophy, much less a justice’s evolution once on the bench, is difficult (see David Souter). And Kagan’s tight-lipped nature regarding her personal legal philosophy, coupled with a scant paper trail, doesn’t help. But if her record — the few clues she provided as an academic, and in her tenure thus far as SG — is any indication, she’s more likely to side with the conservative bloc on matters of executive power and war-time presidential authority.

Elene Kagan: The “short” unknown

May 10, 2010

Elena Kagan reportedly is the impostor in chiefs choice for the Supreme Court. So far, little really is known about the lady. What is known, is that she spent a lot of time in academia. Ivy league schools, and all that.

Considering the anti liberty leftist big government teachings and social activism that has been rampant at such places for so long? I for one am not all that sure that those things are in fact positives. The crotch card is also being played again, and I see that as a negative. Not the fact that she is female but the fact that it is even being touted.

What is the lady’s position on the Bill of Rights? The Constitution? Individual liberty verses Government power? Is she a constructionist or does she believe that a piece of paper breathes? Is she an obama boot licker or can she think for herself, and act on that rather than take marching orders?

Inquiring minds want to know.

Related links:

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Then, after all is said and done? Could there be a queen bee conflict on the Court between her, and the “Wise Latina?”

Then later in the day there is THIS go figure!

Spelling Treason: Lautenberg, King, Bloomberg

May 9, 2010

Since September 11, 2001, it’s been clear that terrorists who hate America will exploit our weaknesses in order to destroy us. This week, Sen. Joe Lieberman (D-Conn.), Sen. Frank Lautenberg (D-N.J.), Rep. Peter King (R-N.Y.) and New York City mayor Michael Bloomberg exploited Americans’ fear of terrorism to push their latest anti-gun proposal, and in doing so showed that they’re willing to destroy other parts of the Constitution, to choke its Second Amendment.

On Tuesday, as chairman of the Senate Homeland Security and Government Affairs Committee, Lieberman held a hearing to give Lautenberg and King the opportunity to promote their bills S.1317 and H.R.2159, to prohibit the possession of firearms by people on the FBI’s “terrorist watchlist,” and Lautenberg’s S. 2820, to maintain records of approved instant background check transactions for a minimum of 180 days. The watchlist bills further propose that a person seeking relief in court  from these new restrictions would be prevented from examining and challenging “evidence” against him, and that the judge deciding whether the person had been watchlisted for good reason be limited to summaries and redacted versions of such “evidence.”

Joining Lautenberg, King and Bloomberg to speak in favor of these patently anti-American and unconstitutional bills was Bloomberg’s police commissioner, Ray Kelly.

Claims made by the bills’ supporters during the hearing bordered on the frivolous. Lautenberg cited the failed attempt last Saturday to set off a homemade gasoline-propane bomb in an SUV near NYC’s Times Square — even though his watchlist bill would only regulate firearms and commercially made explosives. Lautenberg then brought up an even more irrelevant incident, the 2008 attack by a terrorist group in Mumbai, India, saying “That’s why we need to change the law” in the United States. A “fanatic” in his own right when it comes to gun control, Lautenberg continued, “Nothing in our laws keeps fanatics on the terror watchlist from purchasing guns and explosives.”

Lautenberg was lying, of course, and Sen. Lindsay Graham (R-S.C.) called him on it. Knowing that the Government Accountability Office has reported that about 95 percent of people on the watchlist are neither American citizens nor legal residents of the United States, Sen. Graham pointed out “there are 400,000 people on the watchlist.” He then asked, “what percentage of them are American citizens?”

Lautenberg and his allies sat silently, dumbfounded, for what seemed an eternity, until Kelly, dutifully taking the punch so his boss wouldn’t have to, sputtered that he was unable to come up with a figure. Since it was obvious that the anti-gunners didn’t get the point, Sen. Graham clarified it for them: “The law prohibits the purchase of a gun unless you’re an American citizen or a legal resident alien.”

Lautenberg tried to justify his bill by saying “From 2004 to February of this year, terrorists tried to buy guns and explosives 1,228 times. In 91 percent of those cases, they were given the OK to buy the guns.” The claim was misleading, in that the 1,228 checks were accounted for by about 650 individuals, according to the GAO. But Sen. Graham seized upon a more important flaw in the statistic when he asked how many of these “terrorists” were dangerous enough to have been brought up on terrorism charges. On this point too, the Lautenberg team had no response. That led Sen. Graham to question whether the watchlisted gun buyers were as dangerous as the Lautenberg team want people to believe.

King falsely claimed that his bill was justified by last year’s Ft. Hood murders, “where individuals [sic] suspected of terrorist activity legally obtained weapons that were used to kill innocent Americans.” The truth is, the one person (not multiple individuals) accused of the Ft. Hood crime was not “suspected of terrorist activity.” Months before the accused killer bought his gun, the FBI had completed an investigation of him, concluding that despite some suspicious e-mails between the accused and an anti-American Islamist overseas, he was not a terrorist threat. At the bottom line, even if everything that Lautenberg, King and Bloomberg are proposing had already been federal law, it would not have affected the Ft. Hood crime one whit.

Speaking against the proposed legislation during the hearing was Aaron Titus of the Liberty Coalition.  “Senate Bill 1317 goes too far,” he said. “The bill should be titled, ‘The Gun Owners Are Probably All Terrorists Act,’ because it strips citizens of their constitutional right to [keep and] bear arms without any meaningful due process. And Senate Bill 2820 should be called, ‘The National Firearm Registry Act’ because it creates a national firearms registry. . . . a massive database of names and detailed personal information of each law-abiding citizen who purchases a gun.”

Titus’ point laid Lautenberg’s, King’s and Bloomberg’s intention bare. While S. 2820 would allow the FBI to retain NICS records on all NICS transactions, 99.999 percent of the people documented in those records would not be persons on the watchlist. “The bill disingenuously purports to target terrorists,” Titus said, “but in fact only one ten-thousandth of one percent of these records will belong to people on watch lists. Every year, only 200 new watch-list records will be created. But the system will generate more than 14 million new records on law-abiding citizens. Once collected, there’s no limit on what the information may be used for, and no legal requirement to ever delete it.”

Later, Sen. Graham summed up the reason that should motivate every American — regardless of personal feelings about individual gun ownership — to oppose the Lautenberg and King bills. “I think you’re going too far here,” he said. “There’s a huge difference between losing your gun rights based upon a felony charge that was proven by a court of law and appealed, and is a conviction on the books, and being on some list that is, at best, suspect.”  NRA members in South Carolina and around the nation owe Sen. Graham their thanks for getting to the heart of the issue.

SOURCE

Democrats Push for National ID

May 9, 2010

At least since 9/11, the Democrats have, if anything, been even worse than the Republicans in their push for a national ID. I recall the Bush administration, very early on, dismissing this totalitarian idea, although Bush soon enough signed the Real ID Act into law, with the support of hawkish and anti-immigration conservatives. But the establishment left is also a major threat on this front, and Democrats traditionally get a pass on civil liberties issues, whereas under Republicans there is more populist criticism of surveillance, police powers and the like.

Consider the Orwellian program being proposed by the Democratic leadership as part of “immigration reform.” Alexander Bolton writes:

Democratic leaders have proposed requiring every worker in the nation to carry a national identification card with biometric information, such as a fingerprint, within the next six years, according to a draft of the measure. The proposal is one of the biggest differences between the newest immigration reform proposal and legislation crafted by late Sen. Edward Kennedy (D-Mass.) and Sen. John McCain (R-Ariz.). The national ID program would be titled the Believe System, an acronym for Biometric Enrollment, Locally stored Information and Electronic Verification of Employment. It would require all workers across the nation to carry a card with a digital encryption key that would have to match work authorization databases.

Whereas the Kennedy/McCain bill was bad enough, containing both positive elements and nasty ones, this new monstrosity would force leviathan’s way even further into every employment relationship. And this actually speaks to the false dichotomy between civil and economic liberties. Both incorrectly bifurcated forms of freedom are rooted in the same set of property rights, first and foremost in one’s own person and, by extension, in the tangible property one acquires justly through homesteading, gifts and honest market transactions. If Big Brother tries to comprehensively regulate immigration, he can smash economic freedom of association. And if the state has the power to oversee our economic lives, our personal freedom will always suffer in the process.

Full Story

The Office of Financial Research: epic fail obama

May 9, 2010

Treasury Secretary Timothy Geithner, who didn’t see fit to pay his own income taxes, may soon have the authority to watch over your financial transactions, thanks to a new federal agency that would be created in the Democrats’ financial overhaul bill. The Office of Financial Research, straight out of a George Orwell novel, would serve as a central repository of transaction records generated at private financial companies. Geithner, along with an unspecified number of bureaucrats that he hires, will have unlimited access for “statistical analysis and research” of the nation’s financial institutions — supposedly for the purpose of spotting systemic problems that will allow them to act before another meltdown.

This agency is the latest in the series of unconstitutional power grabs that Democrats have grown accustomed to since Barack Obama became president. It violates American citizens’ Fourth Amendment guarantee of security in their “persons, houses, papers, and effects, against unreasonable searches and seizures” and its imprecise language leaves plenty of room for expanding the agency’s activities without congressional approval. The type of information access that Democrats seek would not have enabled them to prevent the financial meltdown of 2008, but it would allow bureaucrats who work for this agency the opportunity to share their privileged information with the private sector one year after leaving the agency. So, ironically, the Office of Financial Research simply presents our bloated government even more opportunity for further corruption and mismanagement of the economy.

In other financial “reform” news, Sen. Chris Dodd (D-CT), the architect of the legislation, has agreed to drop the $50 billion bailout fund in an effort to get Republicans onboard. While Dodd is making concessions, though, Majority Leader Harry Reid (D-NV) is making accusations, claiming that Republicans are stalling because “they are having difficulty determining how they’re going to continue making love to Wall Street” if the bill passes. You’re a class act, Harry.

SOURCE

The Economy is on the rise: Epic Fail Obama, the lies continue

May 7, 2010

Supposedly the economy is on the rise. The government decided that it is, so it must be so. While a few jobs were added unemployment took yet another upswing…

The lack of basic economic principles inside the heads of epic fail obama’s administration is nothing less than astounding. At least to those of us that actually did pass Macro and Micro Economics. Then from across the pond, we have this.

John Williams: A Hyper-Inflationary Great Depression Is Coming
Source: Tim McLaughlin and Karen Roche of The Gold Report 4/30/10

http://www.theaureport.com/pub/na/6199

ShadowStats’ John Williams has done his math and believes his numbers tell the truth. He explains why the U.S. is in a depression and why a “Hyper-Inflationary Great Depression” is now unavoidable. John also shares why he selects gold as a metal for asset conversion in this exclusive interview with The Gold Report.

SOURCE

NOT GUILTY!: Navy Seal’s

May 6, 2010

Whew! Read about this travesty HERE. Travesty? You bet it is, these guys should never have been charged.

Yes, things do need to be investigated. Along with noting that in the AQ handbook it states to ALWAYS make an accusation of abuse and or torture.

Look bad guys of all stripes; When you mess with the best? Expect a butt whooping! American Spec Op’s of all persuasions are “The best!”

Straw Purchase felon Bloomberg: Use fatally flawed list

May 6, 2010

New York’s felon Mayor is back at it again. That guy just can’t seem to figure out that when something is broken you don’t promote it as something to be admired… I just happen to have a problem with taking away peoples rights without a trial…

New York City officials on Wednesday seized on the attempted terror attack in Times Square to urge Congress to tighten counterterrorism policies.

In testimony before the Senate Homeland Security Committee, New York City Mayor Michael Bloomberg and Police Commissioner Ray Kelly called on lawmakers to close a loophole that lets individuals on the federal government’s terrorism watch list buy firearms and explosives.

~snip~

“The problem I have is that [the] watch list, when you look at the numbers, has so many problems with it that I think it’s not appropriate to go down the road that we’re going because a constitutional right is involved,” Sen. Lindsey Graham (R-S.C.) told Bloomberg during questioning.

The National Rifle Association (NRA) strongly opposes the proposed changes, claiming that the terrorism watch list is full of errors.
Andrew Arulanandam, NRA’s director of public affairs, pointed to the well-publicized 2004 incident in which the late Sen. Edward Kennedy (D-Mass.) was temporarily prevented from boarding a flight because his name was mistakenly on the list.

“There are innocent people who are not terrorists whose names are on the list,” Arulanandam said in an interview. “It is wrong to deny law-abiding people a constitutional right if they are innocent.”

But Bloomberg claimed that national-security concerns take precedence over any Second Amendment arguments.

Full Story

AZ. State Senator Sylvia Allen responds to SB1070

May 4, 2010

Hat Tip to Texas Fred for this.

I’m Arizona State Senator Sylvia Allen. I want to explain SB 1070 for which I voted yes. Rancher Robert Krentz was murdered by the drug cartel on his ranch a month ago. I participated in a senate hearing two weeks ago on the border violence, here is just some of the highlights from those who testified.

The people who live within 60 to 80 miles of the Arizona/Mexico Border have for years been terrorized and have pleaded for help to stop the daily invasion of humans who cross their property . One Rancher testified that 300 to 1200 people a DAY come across his ranch vandalizing his property, stealing his vehicles and property, cutting down his fences, and leaving trash. In the last two years he has found 17 dead bodies and two Koran bibles. Another rancher testified that daily drugs are brought across his ranch in a military operation. A point man with a machine gun goes in front, 1/2 mile behind are the guards fully armed, 1/2 mile behind them are the drugs, behind the drugs 1/2 mile are more guards. These people are violent and they will kill anyone who gets in the way. This was not the only rancher we heard that day that talked about the drug trains. One man told of two illegal’s who came upon his property one shot in the back and the other in the arm by the drug runners who had forced them to carry the drugs and then shot them. Daily they listen to gun fire during the night it is not safe to leave his family alone on the ranch and they can’t leave the ranch for fear of nothing being left when they come back.

The border patrol is not on the border. They have set up 60 miles away with check points that do nothing to stop the invasion. They are not allowed to use force in stopping anyone who is entering. They run around chasing them, if they get their hands on them then they can take them back across the border. Federal prisons have over 35% illegal’s and 20% of Arizona prisons are filled with illegal’s. In the last few years 80% of our law enforcement that have been killed or wounded have been by an illegal. The majority of people coming now are people we need to be worried about. The ranchers told us that they have seen a change in the people coming they are not just those who are looking for work and a better life.

The Federal Government has refused for years to do anything to help the border states . We have been over run and once they are here we have the burden of funding state services that they use. Education costs have been over a billion dollars. The healthcare cost billions of dollars. Our State is broke, $3.5 billion deficit and we have many serious decisions to make. One is that we do not have the money to care for any who are not here legally. It has to stop.

The border can be secured. We have the technology and we have the ability to stop this invasion. We must know who is coming and they must come in an organized manner legally so that we can assimilate them into our population and protect the sovereignty of our country. We are a nation of laws. We have a responsibility to protect our citizens and to protect the integrity of our country and the government which we live under. I would give amnesty today to many, but here is the problem, we dare not do this until the Border is secure. It will do no good to give them amnesty because thousands will come behind them and we will be over run to the point that there will no longer be the United States of America but a North American Union of open borders. I ask you what form of government will we live under? How long will it be before we will be just like Mexico , Canada or any of the other Central American or South American country? We have already lost our language, everything must be printed in Spanish. We have already lost our history, it is no longer taught in our schools, and we have lost our borders.

The leftist media has distorted what SB 1070 will do. It is not going to set up a Nazi Germany. Are you kidding? The ACLU and the leftist courts will do everything to protect those who are here illegally, but it was an effort to try and stop illegal’s from setting up businesses, and employment, and receiving state services and give the ability to local law enforcement when there is probable cause, like a traffic stop, to determine if they are here legally. Federal law is very clear, if you are here on a visa you must have your papers on you at all times. That is the law. In Arizona all you need to show you are a legal citizen is a driver license, MVD identification card, Native American Card, or a Military ID. This is what you need to vote or get a hunting license. So nothing new has been added to this law. No one is going to be stopped walking down the street. The Socialists who are in power in DC are angry because we dare try and do something.The Socialists wants us to just let them come. They want the “Transformation” to continue.

Maybe it is too late to save America . Maybe we are not worthy of freedom anymore. But as an elected official I must try to do what I can to protect our Constitutional Republic . Living in America is not a right just because you can walk across the border. Being an American is a responsibility and it comes by respecting and upholding the Constitution, the law of our land, which says what you must do to be a citizen of this country. FREEDOM IS NOT FREE.

Senator Sylvia Allen

Original Post Here:
State Senator Sylvia Allen responds to SB1070