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CONSTITUTIONAL LAW: Some Interesting and Important Cases

February 4, 2010 Leave a comment

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CONSTITUTIONAL LAW: Some Interesting and Important Cases


National ID Card/Driver’s and Other Licenses:

“The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived.” Chicago Motor Coach v. Chicago , 169 NE 221;

The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment.” Kent v Dulles, 357 US 116, 125;

“The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right.” Schactman v Dulles 96 App DC 287, 225 F2d 938, at 941.

Federal court decision: “A state cannot impose a license, tax or fee on a constitutionally protected right.”—Murdock vx. Pennsylvania 319 US 105 (1942)

Supreme Court Decision: The U.S. Supreme Court broadly and unequivocally held that requiring licensing or registration of any constitutional right is itself unconstitutional.—Gollett vs. Town of McCormick, S.C., 321 U.S. 573 (1944).

Our God-given natural rights cannot be subverted by government:

“The claim and exercise of a constitutional right cannot be converted into a crime.” Miller v U.S. 230F 486 at 489;

“There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights.” Sherer v Cullen, 481 F 946 and,

“Where rights secured by the Constitution involved, there can be no rule making or legislation which would abrogate them.” Miranda v. Arizona 384 US 436, 491

Any government functionary may be held personally liable under the causes of action defined by 42 USC 1983 or Bivens vs. Six Unknown Agents 403 US 388 (1971). Furthermore, if they act in a manner which is violative of clearly established constitutional rights, they are not immune from suit as an individual, Harlo vs. Fitzgerald, 457 US 800 (1982)

Gun Free School Zones:

Lopez v. United States case involved a gun brought into a school “zone.” Chief Justice Rehnquist delivered the opinion of the Court:

“In the Gun Free School Zones Act of 1990, Congress made it a federal offense “for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.” 18 U.S.C. § 922(q)(1)(A) (1988 ed., Supp. V).

“The Act neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce. We hold that the Act exceeds the authority of Congress “[to] regulate Commerce . . . among the several States . . . .” U. S. Const., Art. I, §8, cl. 3″

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PRESIDENT OBAMA CONTINUES TO SHOW IMMATURITY

February 4, 2010 Leave a comment

PRESIDENT OBAMA CONTINUES TO SHOW IMMATURITY

Thursday, February 04, 2010 9:04:28 AM · by Patriot1259 · 25+ views

The Cypress Times ^ | 2/4/10 | Kevin Price
President Barack Obama has plenty of enemies and they flank him on both the left and the right. He is oblivious to the interests of voters and consistently interprets political events in a manner completely contrary to the facts. His presidency is barely a year old and it is in serious trouble.

Obama’s spirituality is largely private, but it’s influential, advisers say

February 4, 2010 Leave a comment

Obama’s spirituality is largely private, but it’s influential, advisers say
Washington Post ^ | February 4, 2010 | Anne E. Kornblut

Posted on Thursday, February 04, 2010 8:50:03 AM by Zakeet

Every morning, sometimes as early as 5:30 a.m., a short religious passage comes across President Obama’s BlackBerry, sent by one of his aides.

At other moments, Obama prays privately, his advisers said. And when he takes his family to Camp David on the weekends, a Navy chaplain ministers to them, with the daughters attending a form of Sunday school there.

More than a year into his presidency, Obama has not chosen a church in Washington, and has attended services just four times. No single figure has assumed the role of spiritual adviser — publicly, at least — or filled the vacancy created when Obama disavowed his former Chicago pastor, Jeremiah Wright.

When Obama appears at the National Prayer Breakfast in Washington on Thursday morning — a regular presidential ritual — it will mark the rare occasion when he puts religion in the foreground. In that appearance, he will discuss “the need for civility in the public square, and how Americans can work together in a spirit of goodwill,” a senior administration official said.

Yet close advisers to the president said the role of faith, while subtle, has been noticeable in and around the Obama White House. One senior official described the president as “a prayerful guy.” Another said that Obama has consulted religious leaders less often for his own personal guidance than for help walking through major public decisions — such as during the Afghanistan review process, when he sought advice on the ethical implications of war.

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A Message from Congress: No One Questions Our Authority

February 4, 2010 Leave a comment
  • A Message from Congress: No One Questions Our Authority

    Thursday, February 04, 2010 8:26:59 AM · by IbJensen · 4 replies · 173+ views

    CNS News ^ | February 04, 2010 | Staff
    (CNSNews.com) – In the history of the United States, Congress has never forced individual Americans to buy any good or service. That would change if the health care bills approved by either the House or Senate ever became law. Each would require individuals to buy a health insurance plan approved by the government. Since Congress started debating these bills, CNSNews.com has been asking members of Congress: Where does the Constitution authorize Congress to force individuals to buy health insurance? The legislators have given a variety of answers. Some could give no answer at all. The video embedded here puts their…
  • Red Alert: Intelligence Chiefs “Certain” Their Bosses Will Stage Terror Attack Soon

    February 4, 2010 Leave a comment

    Red Alert: Intelligence Chiefs “Certain” Their Bosses Will Stage Terror Attack Soon

     

    Using information gleaned from the blatantly set-up underwear bomber patsy Umar Abdul Muttalab, intelligence chiefs have assured us that their bosses will stage another terror attack in the U.S. within the next three to six months.

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    Google to enlist NSA to help it ward off cyberattacks

    February 4, 2010 Leave a comment
  • Google to enlist NSA to help it ward off cyberattacks

    Thursday, February 04, 2010 7:49:19 AM · by Mad Dawgg · 4 replies · 102+ views

    The Washington Post ^ | Thursday, February 4, 2010 | Ellen Nakashima
    The world’s largest Internet search company and the world’s most powerful electronic surveillance organization are teaming up in the name of cybersecurity. Under an agreement that is still being finalized, the National Security Agency would help Google analyze a major corporate espionage attack that the firm said originated in China and targeted its computer networks, according to cybersecurity experts familiar with the matter. The objective is to better defend Google — and its users — from future attack. Google and the NSA declined to comment on the partnership. But sources with knowledge of the arrangement, speaking on the condition of…
  • Obama Tells Dems: Turn off CNN, Turn off Fox

    February 4, 2010 Leave a comment
  • Obama Tells Dems: Turn off CNN, Turn off Fox

    Thursday, February 04, 2010 8:21:07 AM · by SonOfDarkSkies · 1 replies · 29+ views

    FoxNews.com ^ | 2/3/2010
    At today’s question and answer session between President Obama and his former Democratic colleagues in the Senate, members got a bit of unexpected TV-viewing advice from the Commander in Chief: stop watching politics on TV. Perhaps he’d prefer they tune into WhiteHouse.gov? The president’s advice came in answer to a question from Sen. Mike Bennet, D-CO, who is facing a difficult re-election fight back home and wanted to know what Democrats and Republicans can do “to fix this institution so that our democracy can actually withstand the test that we’re facing right now.” “You know what I think would actually…
  • A Concurring Opinion For Secession, Part 1 ~ by Attorney Timothy Baldwin

    February 4, 2010 Leave a comment

    A Concurring Opinion For Secession, Part 1
    Let us be clear on this: some of the most well-recognized intelligent and articulate statesmen and patriots throughout America’s history have advocated the right of States to secede from the union, both under the Articles of Confederation and United States Constitution. Alexander Hamilton admits this in Federalist Paper 22: “[t]he doctrine of [secession] itself has had respectable advocates.” Likewise, Justice Joseph Story notes that the principles of secession represent the…….

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    The True State of the Union: We Have No Rights Whatsoever

    February 4, 2010 1 comment

    - Prison Planet.com – http://www.prisonplanet.com -

    The True State of the Union: We Have No Rights Whatsoever

    Posted By admin On February 4, 2010 @ 5:20 am In Commentary | 3 Comments

    Tom Mullen
    Campaign For Liberty [1]
    Thursday, February 4th, 2010

    It has been almost a week since President Obama gave his first State of the Union address, and it has been analyzed from the left, right, center, front, and back. Of course, the speech is really about the performance of the federal government, particularly its wonderful accomplishments under the leadership of the sitting president. This is not peculiar to the Obama presidency. As far back as Jefferson, presidents have used the Constitutionally-mandated stump speech to do a little self-promotion, although what they promote has certainly changed quite dramatically.

    However, if the speech is supposed to reflect the accomplishments of the federal government, then we should expect that it will contain specifics about how that government has fulfilled its purpose, which is, as we all know, to secure our rights. At least that’s what our founding document tells us. Therefore, if a president is going to do a little bragging about what a great job he has done, it would be logical to assume that we would hear particulars about the way in which he has secured our rights. Logic, however, has little to do with the machinations of leviathan.

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    Another Obama Tax Hike [Obama favors 41% marginal tax rate for middle class]

    February 4, 2010 Leave a comment

    Another Obama Tax Hike [Obama favors 41% marginal tax rate for middle class]

    Thursday, February 04, 2010 7:51:56 AM · by grundle · 51+ views

    Wall St. Journal ^ | February 3, 2010 | Douglas Holtz-Eakin and Alex Brill
    The Senate health-care bill would raise effective marginal tax rates on lower and middle-income singles and families up to 41%. The effective marginal tax rate is the answer to the question: “If I earn $1 more, how much less than $1 do I get to save or spend?” If you can keep that full dollar for your disposal, the effective marginal tax rate is zero. If earning another dollar does not raise your disposable income by even a penny, the effective marginal tax rate is 100 percent. Consider, then, the figure below constructed for a two-earner family with two school-age…

    Obama Appears Blinded by His Own Ideological Biases

    February 4, 2010 Leave a comment
  • Obama Appears Blinded by His Own Ideological Biases

    Thursday, February 04, 2010 7:49:58 AM · by Haiku Guy · 24+ views

    Real Clear Politics (syndicated column) ^ | 2/3/10 | Jonah Goldberg (Lucianne’s Big Baby Boy…)
    “I am not an ideologue,” President Obama insisted at his truly refreshing confab with the Republican caucus in Baltimore last Friday. When he heard some incredulous murmurs and chuckles from the audience in response to the idea that the most sincerely ideological president in a generation is no ideologue, he added a somewhat plaintive, “I’m not.” The president’s defensiveness isn’t surprising. He holds his self-definition as a pragmatist dear, and not just because it polls well. It’s clear from interviews that he is very fond of the notion that he is above ideological squabbles and is a clear-eyed appraiser of…
  • Why Does Obama Want Us To Avoid All Cable News Shows? Would Love To Hear Your Reasons.

    February 4, 2010 Leave a comment

    Why Does Obama Want Us To Avoid All Cable News Shows? Would Love To Hear Your Reasons.

    Thursday, February 04, 2010 2:47:11 AM · by Tyler Westyn · 31 replies · 503+ views
    Well,Gee, I wonder why all of a sudden,Obama suggests we all cut back on watching FOX,MSNBC and CNN. Maybe it’s because we have him backed into a corner.He has no answers to questions we all want answered? Doesn’t want us to hear the truth about what’s really going on behind closed doors? You all tell me why Obama has told us all to avoid cable news. I would love to hear your views on this.

    Today’s Toons 2/4/10

    February 4, 2010 Leave a comment

    Today’s Toons 2/4/10

    Thursday, February 04, 2010 6:34:16 AM · by pookie18 · 5 replies · 109+ views

    GOPachy ^ | 2/4/10 | pookie18
    Click on link.

    HI Attorney General’s office refuses to corroborate Obama’s HI Birth

    February 4, 2010 Leave a comment

    HI Attorney General’s office refuses to corroborate Obama’s HI Birth

    Thursday, February 04, 2010 6:37:43 AM · by 1234 · 25 replies · 901+ views

    THE POST AND EMAIL ^ | Feb. 2, 2010 | John Charlton
    While political momentum is building within the Democratic Party from coast to coast to make the issue of Obama’s claims to be born in Hawaii a litmus test for its political opponents in the 2010 general elections for Congress, a key component in such a strategy has been undermined by the Hawaii Attorney General’s Office. In correspondence with The Post & Email, Jill T. Nagamine, Deputy Attorney General for the State of Hawaii, has made it clear that her office will not corroborate or back in any way the July 27, 2009 Statement of Dr. Chiyome Fukino, Director of the…

    Dutch politician Geert Wilders launches websites on political trail

    February 4, 2010 Leave a comment

    Dutch politician Geert Wilders launches websites on political trail

    Thursday, February 04, 2010 6:42:44 AM · by knighthawk · 3 replies · 83+ views

    Wilders on Trail ^ | 03 februari 2010
    Wednesday February 3rd 2010 Dutch politician Geert Wilders launches two websites on the political trial against him and the freedom of speech. From now on both the Dutch (www.wildersproces.nl) and the international public (www.wildersontrial.com) are able to keep up with the trials’ proceedings. Both websites not only include the latest news on the trial but also provide background information on the trials’ participants, the summons, the cause and the importance of this trial for freedom of speech in the Netherlands and –possibly- for the whole of Europe. Geert Wilders: “This trial is not just about me. It is about the…
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