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Posts Tagged constitution
What To Do When Cops Are At Your Door
From The Civil Rights Lawyer:
The too-long-didn’t-watch answer is no. If police officers are on your private property, that changes things. Cops are trained on the requirement for reasonable suspicion – to develop some reasonable suspicion they can articulate, even if total B.S., and then that entitles them to forcibly demand identification from whomever they deem a suspect. That is generally how things work in public places – but not on private property, especially a home.
According to the 1980 Supreme Court opinion in Payton v. New York, in order to legally arrest someone in a home, rather than in a public place, absent consent or exigent circumstances, police officers must have a warrant.
You Have A Right To ALL Weapons
From Ammoland:
Contrary to what President Biden keeps babbling on about cannons, the Second Amendment “right of the people to keep and bear arms” was considered comprehensive at the time of the founding. Civilians could and did own cannons, repeating rifles, and even warships armed with cannons. In his ridiculous decision in the Dred Scott case, explaining why dark-skinned people of African heritage could not be citizens, Justice Taney infamously rolled out his “parade of horribles,” saying that if African-Americans were citizens, they would be able to freely travel between states, hold political meetings, and carry arms wherever they went.
LA Sheriff Stripped Of Powers Over Mandate Refusal
From Insider.com:
The Los Angeles County Board of Supervisors decided on Tuesday to relieve Sheriff Alex Villanueva of the responsibility to enforce COVID-19 vaccine mandates, according to board documents viewed by Insider. The Los Angeles Times first reported the story.
The decision to strip him of the responsibility comes after Villanueva has for months refused to enforce the mandate.
Restitution Should Be A Remedy For Unconstitutional Prosecutions
From The Truth About Guns:
An individual should not be punished for noncompliance with an unconstitutional law. If they were unjustly punished, then they deserve restitution. So far, only a few people have applied for restitution in DC. There is a larger class action lawsuit that needs to be filed against the district.
YouTube Censors Video of Congress Members Discussing Constitutional Limits of Vax Mandates
From The Federalist:
YouTube took down a video posted by the House Freedom Caucus of lawmakers discussing the constitutional limits to medically coercive vaccine mandates for the novel Wuhan coronavirus.
Czech Republic Joins Small Group Of Nations That Recognize Right To Arms
From Ammoland:
The move for the amendment started in 2015, after the terrorist attacks in Paris. By the middle of 2016, Czech President, Miloš Zeman was suggesting citizens should be armed “over the long term†and carry pistols in public, to defend against terrorist attacks.
Czech lawmakers approved an amendment that will enshrine the right to use a weapon in self-defense in the Czech constitution – a new right that will be included in the country’s Charter of Fundamental Rights and Freedoms.
Rewriting The Second Amendment Continues
From The Federalist:
Just like every other aspect of the American Founding, the ratification of the Second Amendment to the U.S. Constitution is rooted in nothing more than white supremacy. Or at least, that’s what scholar Carol Anderson wants you to believe.
In her latest book, “The Second: Race and Guns in a Fatally Unequal America,†Anderson argues that the “well regulated Militia†inscribed in the Second Amendment was created to provide states with a mechanism to quell potential slave uprisings.
Illinois FOID Challenged As Unconstitutional
From Chicago-Sun Times:
For more than half a century, anyone in Illinois who wanted to own a gun needed to first apply for a special state identification card.
But now the state’s top court is being asked to decide whether the Firearm Owner’s Identification cards — popularly called FOID cards — are a necessary safeguard or a violation of the U.S. Constitution.
Last week, a downstate judge ruled the FOID card system was unconstitutional, reducing residents’ Second Amendment rights to bear arms to a “façade.â€
Texas House Passes Constitutional Carry Bill
From Texas Tribune:
House Bill 1927, spearheaded by state Rep. Matt Schaefer, R-Tyler, would nix the requirement for Texas residents to obtain a license to carry handguns if they’re not prohibited by state or federal law from possessing a gun. Texans under current state law must generally be licensed to carry handguns, either openly or concealed.
Colorado Legislature Considers Waiting Period For Guns In Violation Of State’s Constitution
From Complete Colorado:
Alternately, maybe some Democrats think that people have some rights, such as the right to speak freely and the right to get an abortion, but not the right to defend themselves with a gun. But it’s hard to argue that any right is more fundamental or primal than the right to self-defense, an idea that goes back at least to ancient Greek and Roman philosophy. The right to defend your life flows directly from the right to life itself.
Indeed, Colorado’s Bill of Rights, Article II of the state’s Constitution, asserts that people have “essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties†(Section 3). It continues, “The right of no person to keep and bear arms in defense of his home, person and property…shall be called in question†(Section 13).
WA Confiscation Law Unconstitutional
From NRA-ILA:
Earlier this year, in a ruling of first impression in Washington State, the Kitsap County District Court decided that the state’s compulsory “firearm surrender†laws violated the Fourth and Fifth Amendments and the analogous provisions in the state constitution. “In our constitutional system of government, individuals have rights that the government and its agents (including courts) must respect. Among those rights are the right to be free from compelled self-incrimination under the Fifth Amendment, the right to be free from unreasonable searches and seizures under the Fourth Amendment, and their counterparts under Washington’s constitution.â€
Electoral College Explainer
From The American Mind:
We must remember that presidential elections are not a thing apart from the rest of our constitutional and political system. Our major political parties came into being, and exist today, for the primary purpose of capturing the presidency. Their structure follows the structure of the Constitution because the Constitution apportions electoral votes to the states and requires a majority of electoral votes to win. Each state has a minimum of three electoral votes, with the larger states having more in proportion to the number of seats to which they are entitled in the House of Representatives. The Electoral College, in short, is organized on precisely the same principle as the United States Congress, and for precisely the same reason. Neither institution recognizes population alone as the exclusive measuring rod for democratic legitimacy.
Dems Attack Gun Rights When Citizens Need Them Most
From NBC News:
As Americans, our constitutional rights and individual liberties are not just a source of patriotic pride but the lifeblood of our democracy. The founders knew that the right of citizens to bear arms was essential to the preservation of democracy and liberty. The Second Amendment ensures that Americans can protect themselves, their families and their businesses, especially when the government is unwilling or unable to do so. And many Americans are indeed now choosing to exercise their Second Amendment rights; a national indicator for gun sales is at an all-time high.
Harris Doesn’t Believe You Have A Right To Arms
From Bearing Arms:
As District Attorney in San Francisco, Kamala Harris signed on to an amicus brief filed with the Supreme Court in the Heller case, arguing that “for nearly 70 years courts have consistently sustained criminal firearms laws against Second Amendment challenges by holding that, inter alia, (i) the Second Amendment provides only a militia-related right to bear arms, (ii) the Second Amendment does not apply to legislation passed by state or local governments, and (iii) the restrictions bear a reasonable relationship to protecting public safety and thus do not violate a personal constitutional right.â€