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Ex parte Merryman and Abraham Lincoln’s Suspension of Habeas Corpus by Andrew Young
Taney also challenges Lincoln’s assertion that emergencies require the executive to usurp congressional and judicial authority. Near the end of the opinion, he says that, if the executive branch can, in any situation, overstep other branches, then “the people of the United States are no longer living under a government of laws.” In Taney’s view, the Constitution is not a mere suggestion of how government should operate under ideal circumstances. Instead, it is a concrete document to which the executive must adhere at all times, including times of emergency. If presidents can abandon the Constitution “upon any pretext or under any circumstances,” the Constitution means nothing. [vi]
Perhaps most importantly, Taney says the framers never intended for the executive to suspend habeas corpus. He offers mounds of evidence to support this contention. First, he cites a major crisis during Thomas Jefferson’s presidency. Aaron Burr, Jefferson’s vice president, led a conspiracy to seize territory around New Orleans to form a new country. During this time, Jefferson actually wanted to suspend the writ, but wrote that he lacked the authority. Instead, he suggested that Congress exercise its power to suspend habeas corpus. [vii]
Second, he writes that the framers, fearing a liberal interpretation of the “necessary and proper” clause, which gives Congress the right to pass any law deemed “necessary and proper” for carrying out its duties, listed several fundamental rights that cannot be violated. It is not a coincidence, Taney says, that the first right listed is the writ of habeas corpus, which may only be suspended in times of invasion or rebellion. [viii]
Third, Taney argues that it defies common sense to believe the framers would have trusted the executive with the right to suspend habeas corpus. They had just broken away from a powerful, despotic English monarch. Therefore, they distrusted a powerful executive, especially one who could arrest citizens and hold them indefinitely without trial. As evidence, Taney cites the strict limits Article 2 places on the executive, such as the requirement for congressional approval of treaties with foreign nations and his short term of office. [ix]
Taney persuasively argues that the Constitution expressly denies the executive the right to suspend habeas corpus, even going so far as to say “I had supposed it to be one of those points of constitutional law upon which there was do difference of opinion, and that it was admitted on all hands, that the privilege of the writ could not be suspended, except by act of Congress.”
via Ex parte Merryman and Abraham Lincoln’s Suspension of Habeas Corpus by Andrew Young.
Enemies within the Patriot Movement
Like conservatives, libertarians claim to want smaller government, lower taxes and fiscal sanity. It sounds good on the surface. But, unlike conservatives, libertarians are happy to let social ills run wild, so long as nobody sends them the tab for the natural consequences of a society without moral limits.
True constitutional conservatives understand what John Adams meant when he said – “We have no government armed with power capable of contending with human passions unbridled by morality and religion. Avarice, ambition, revenge, or gallantry, would break the strongest cords of our Constitution as a whale goes through a net. Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
Libertarians make no such connection…
The Unsavory Outcome
The net outcome of all of this can only be described as “a house divided.”
As Tea Party candidate in Ohio Coach Dave Daubenmire writes in his May 6, News with Views column…
HISTORICAL BREAKTHROUGH – PROOF: CHESTER ARTHUR CONCEALED HE WAS A BRITISH SUBJECT AT BIRTH (via ~ BLOGGER.GUNNY.G.1984+ ~ (BLOG & EMAIL))
Jefferson and Nullification by Clyde Wilson
Jefferson and Nullification by Clyde Wilson
Jefferson and Nullification by Clyde Wilson:
“In a later generation, another minority president seemingly destroyed forever the constitutional role of the States by declaring the open, democratic, deliberative acts of fourteen States to be only ‘combinations’ of criminals who refused to obey him.
Lincoln made that stick by a brutal war of conquest that did not ‘preserve the Union‘ but changed the Union into a central state with no limits to its power. Those who hope to revive a constitutional role for the States as counters to the present U.S. Empire, must hope to make the States once more into self-conscious, viable polities who have the political will to enact nullification and stand by it.”
Posted by Gunny G
via BLOGGER.GUNNY.G.1984(+): Jefferson and Nullification by Clyde Wilson.
The REAL War – How To Be a Front Line Patriot and Make a REAL Difference
The REAL War – How To Be a Front Line Patriot and Make a REAL Difference
The REAL War – How To Be a Front Line Patriot and Make a REAL Difference:
(READER RESPONSE: Gunny G)
“Good Post; Glad you did this!
Yeah, I think your use of the term “Hunker Down” is about right!
Lately, I too, have noticed a backsliding in previous enthusiasm of Restore the Republic, Take Our Country Back, etc.
Dunno if it’s just the calm before the storm, or a general burnout…or something else…
In any case, I see it in the general writings online, both volume and tone, of the professional journalists (real journalists), bloggers, posters/responders on forums, etc.
It’s something few talk about, few, if any, respond to.
It may be a somewhat less than conscious response to propaganda put out by gubmint a few months ago requesting “cooperation” in slowing down the anti-gubmint stuff online.
Could “the folks be “running scared” on that bs?
Something to think about.
(‘A Constitution changed from Freedom, can never be restored; Liberty, once lost, is lost forever…)”
Posted by Gunny G at Friday, July 01, 2011
via BLOGGER.GUNNY.G.1984(+): The REAL War – How To Be a Front Line Patriot and Make a REAL Difference.
Question Is Often Asked, What Would I Do If I Were President?| The Post & Email
The Question Is Often Asked, What Would I Do If I Were President?| The Post & Email
The Question Is Often Asked, What Would I Do If I Were President?| The Post & Email:
“In contrast, however, it is my considered opinion that the current putative president does not have a clear vision of the true character of America and is totally devoid of honor. In fact, he represents a clear and present danger to this Republic and must be banned to the history books as a one-term putative president.”
Posted by Gunny G at Friday, July 01, 2011
It’s Time To End Hamilton’s Curse by Thomas DiLorenzo (via ~ BLOGGER.GUNNY.G.1984+ ~ (BLOG & EMAIL))
California Gov. Brown Signs Job-Killing Internet Tax into Law
California Gov. Brown Signs Job-Killing Internet Tax into Law
Stop eTaxes ^ | 2011-07-01 | Kaitlyn Ewing
Posted on Friday, July 01, 2011 2:34:59 PM by 92nina
…While written with the purpose of raising taxes, this legislation will prove to be extremely counterproductive for the state’s economy. Amazon.com, one of the online retailers which would be affected by the Internet tax, has already started to cut ties with its in-state advertising affiliates, which are small businesses dependent upon these contracts. More than 25,000 affiliates will be affected by the California law’s passage.
One such affiliate, Ken Rockwell from San Diego, has already stated his intentions to move his photography business out of the state as a result of the Internet tax. Of this, Rockwell stated “Will it be Las Vegas or Scottsdale or Ensenada? It’s a question of where, not if.” Thus, Governor Brown is driving much-needed jobs out of a state which is already suffering from an 11.7% unemployment rate.
This pattern has been witnessed in other states that have already implemented the Internet tax, such as Rhode Island and North Carolina. In these states, there has been no extra revenue generated. In fact, their respective economies have only worsened. Online retailers made the practical decision to move their business out of the state to avoid being subject to the tax, taking jobs and investment with them…
(Excerpt) Read more at stopetaxes.com …
via California Gov. Brown Signs Job-Killing Internet Tax into Law.
BLOGGER.GUNNY.G.1984(+): Is The Mainstream Media Covering Up the Truth at Los Alamos, Ft. Calhoun, and Fukushima?
Is The Mainstream Media Covering Up the Truth at Los Alamos, Ft. Calhoun, and Fukushima?
Is The Mainstream Media Covering Up the Truth at Los Alamos, Ft. Calhoun, and Fukushima?:
“What in the world is really going on at Los Alamos, Ft. Calhoun and Fukushima? There are millions of Americans that would like the truth about what is happening at these nuclear facilities, but the mainstream media has been strangely quiet. Instead, the mainstream media is running headlines such as ’10 Dirtiest U.S. Beaches Named’ and ‘Pole Dance Stops Times Square Cold’. Yes, those are actually headlines that appeared on the front pages of major mainstream news websites in the United States today.
Sadly, you really have to dig to find anything about the problems that are currently happening at nuclear facilities in the United States, and the mainstream media seems to have gotten really tired of talking about Fukushima.
It is almost as if the mainstream media actually prefers to talk about mindless things rather than focus on the truly important events that are happening all around us.”
Posted by Gunny G at Friday, July 01, 2011
Who Obama really is By Judi McLeod (via ~ BLOGGER.GUNNY.G.1984+ ~ (BLOG & EMAIL))
BLOGGER.GUNNY.G.1984(+): YouTube – Anonymous to the Machine: You Will Rust and die from the blood of our hearts!
YouTube – Anonymous to the Machine: You Will Rust and die from the blood of our hearts!
YouTube – Anonymous to the Machine:
You Will Rust and die from the blood of our hearts!: “Anonymous to the Machine: You Will Rust and die from the blood of our hearts!”
Posted by Gunny G at Friday, July 01, 2011
Gross… FOX News to Replace Glenn Beck Show With a Bob Beckel & Juan Williams Panel
FOX News is replacing the Glenn Beck Show with a five person panel with noted libs Bob Beckel and Juan Williams. The New York Times reported:
The Fox News Channel’s temporary replacement for Glenn Beck will be a talk show featuring a rotating panel of opinionated people.
The channel announced the new show, called “The Five,” just two hours before Mr. Beck’s final broadcast. Since April, when Mr. Beck and Fox reached an agreement to end his 5 p.m. political talk show, there has been speculation that the channel would schedule an interim news or talk program in its place.
Fox News said “The Five” would feature a “roundtable ensemble of five rotating FOX personalities who will discuss, debate and at times debunk the hot news stories, controversies and issues of the day.”
…Among the people involved in “The Five:” Greg Gutfeld, who is host of an overnight talk show for Fox; Juan Williams, who is a regular on Fox’s “The O’Reilly Factor;” Dana Perino, a former spokeswoman for the Bush White House; and Andrew Napolitano, the host of a libertarian talk show on the Fox Business Network.
The others named by Fox in a news release were Geraldo Rivera, Andrea Tantaros, Eric Bolling, Monica Crowley, Bob Beckel and Kimberly Guilfoyle.
I’ll give it a chance but it does not sound promising.
via Gross… FOX News to Replace Glenn Beck Show With a Bob Beckel & Juan Williams Panel.
EX-CIA AGENT Obama Worked for the CIA in Pakistan and Afghanistan…
Obama Worked for the CIA in Pakistan and Afghanistan. His Dozens of Social Security Numbers were used for Money-Laundering during a Time He Claimed to be at Columbia University (but wasn’t). See the Proof. More.
http://giveusliberty1776.blogspot.com/
*****
via BLOGGER.GUNNY.G.1984(+): EX-CIA AGENT Obama Worked for the CIA in Pakistan and Afghanistan….
U.S. Army prepares to invade U.S. (via ~ BLOGGER.GUNNY.G.1984+ ~ (BLOG & EMAIL))
BLOGGER.GUNNY.G.1984(+): Man gets 6 days in jail for giving lawyer ‘the finger’ in court [@ Casey Anthony Trial]
Man gets 6 days in jail for giving lawyer ‘the finger’ in court [@ Casey Anthony Trial]
Man gets 6 days in jail for giving lawyer ‘the finger’ in court [@ Casey Anthony Trial]:
(READER RESPONSE: Gunny G)
“Judge?????
More like the collector from the Popeye comics who shows up every few minutes to tax the little people on something else…it never ends…and the sheeple cheer…and the rest of the sheeple are proud of paying their “fair share”
(‘A Constitution changed from Freedom, can never be restored; Liberty, once lost, is lost forever…)”
*****
Posted by Gunny G at Friday, July 01, 2011
Cops Just Love Those Tasers : Information Clearing House: ICH
Dayton police “mistook” a mentally handicapped teenager’s speech impediment for “disrespect,” so they Tasered, pepper-sprayed and beat him and called for backup from “upward of 20 police officers” after the boy rode his bicycle home to ask his mother for help, the boy’s mom says.
Pamela Ford says her “mentally challenged/handicapped” son Jesse Kersey, 17, was riding his bike near his Dayton home when Officer Willie Hooper stopped him and tried to talk to him.
The mom says that “Prior to the incident described below, defendant Hooper knew Jesse and was aware that Jesse was mentally challenged/handicapped and a minor child.”
via Cops Just Love Those Tasers : Information Clearing House: ICH.
New government warning labels
After requiring new warning labels on cigarette packaging, the federal government is expanding the idea to other items, as follows:
- Ballots will come with a warning that the two main political parties use voting as a distraction so that the hoodlums can steal the chrome wheels from your car while you’re in the polling place.
- The U.S. dollar will come with a warning that it was created out of thin air in violation of the Constitution, that such fiat money is anything but a storehouse of value, and that only fools would keep their lifetime savings in such Monopoly money.
- Welfare payments will come with a warning that the payments create dependency, obesity, out-of-wedlock births, and children who are considerably more likely to commit crimes, have poor grades, drop out of school, and grow up to vote Democratic.
- Public school report cards will come with a warning that the grades are inflated, that unionized teachers are required to know progressive pedagogical nonsense but not anything about subject-matter, and that high school graduates will have to go to college for remedial education.
- Property tax bills will come with a warning that most of the money will go to public schools, where most of it will be wasted on greedy apparatchiks and unions.
- Bank deposit slips will come with a warning that the bank shouldn’t be trusted with your Monopoly money because it is part of an unconstitutional and corrupt banking cartel controlled by the Federal Reserve.
- Pay stubs will come with a warning that deductions for FICA taxes go to the Ponzi schemes of Social Security and Medicare.
- Paperwork from health insurance companies and medical providers will come with a warning that high prices and Byzantine rules are due to the government destroying a consumer market in medical care and insurance in 1942.
- Census forms will come with a warning that the racial classifications are complete nonsense and the result of certain racial and ethnic groups engaging in race mongering and the seeking of racial preferences.
- Equal Employment Opportunity posters in the employee break room will come with the same warning as above.
- College applications will come with a warning that 90% of professors are leftists who vote Democratic and love to turn the kids of the bourgeoisie into neo-Marxists who loathe capitalism, the traditional family and the nation’s founding principles.
- Speeches by members of Congress will come with a warning to hide your silverware and children while Congress is in session.
Unfortunately, because of the proliferation of warning labels over the decades, no one will read the new warnings and the nation will continue its rapid descent into insolvency and social upheaval.
___________________
“Mencken’s Ghost” is the nom de plume of an Arizona writer who can be reached at ghost@menckensghost.com.











A Shocking and Sad Commentary…
As with Lincoln, Wilson and Roosevelt, today’s leaders will opt to sacrifice the lives of our soldiers and the liberties of our citizens before they would begin to question whether we actually did something to precipitate the attacks. At very least our policies created an environment which provided moldable masses eager to be led by a nut like Bin Laden. But there is no self-examination when you are infallible, the greatest, the best and above reproach.
I actually owe Dr. Winik a debt of gratitude. He has provided an accurate assessment of a few of America’s best-known leaders who were willing to put themselves and the government ahead of the people. Thank, indeed.
The naivete of Dr. Winik’s analysis amazes me. He has accepted the actions of each of these men on their face instead of reflecting on the myriad of issues involved in World War II or the War Between the States for example. The actions of these leaders cannot be analyzed in a historic vacuum. And this is what he has done. Bottom line: His commentary left me with a lingering chill. Perhaps, though, his thoughts will propel others as it did me to further speak, shout and thrash about as much as necessary to ensure the United States is still a country worthy of our citizenship.
via A Shocking and Sad Commentary.
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