Have nothing to do with the [evil] things that people do, things that belong to the darkness. Instead, bring them out to the light... [For] when all things are brought out into the light, then their true nature is clearly revealed...

-Ephesians 5:11-13

Tag Archives: Bill of Rights

Practical Considerations Likely to Thwart Trump’s plans to Deport Illegals or Build His Wall

This article was published by The McAlvany Intelligence Advisor on Monday, July 18, 2016:  

Donald

Donald Trump enters the Oscar De LA Renta Fash...

As the November presidential election draws closer and Trump draws closer to Hillary in the polls, skeptics are beginning to ask some hard questions: If Trump wins, just how is he going to keep his promise to deport 11 million illegal aliens over the next two years? How is he going to build the Mexico – US wall to keep them from returning? How much will that cost? How long will that take?

The math is daunting:

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Ryan Reverses, Calls for Another Vote on Gun Control

This article appeared online at TheNewAmerican.com on Wednesday, July 6, 2016: 

Just over a week ago House Speaker Paul Ryan said neither he nor the House would be held hostage by radical Democrats staging a sit-in over demands for votes for more gun control. Now he is allowing a package of so-called “anti-terrorism” bills to come to the floor for a vote, including a bill nearly identical to one already voted down.

On June 22, Ryan dismissed the radicals’ 22-hour sit-in as a “publicity stunt” and

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Senator Collins’ Anti-gun Bill Likely to Be DOA

This article appeared online at TheNewAmerican.com on Wednesday, June 22, 2016:  

English: Susan Collins (R-ME), member of the U...

Susan Collins (R-ME), member of the United States Senate.

The day after four anti-gun bills were defeated along party lines, Maine Republican Senator Susan Collins rolled out her “Feinstein-lite” bill, claiming that it was a “bipartisan” measure sure to appeal to enough senators to pass.

Her bill would still infringe on precious rights in the Second, Fourth, and Fifth Amendments, just as the previous four bills would have, but she pressed on regardless, saying,

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Internet Gambling Ban to Apply to Guns?

This article appeared online at TheNewAmerican.com on Tuesday, September 29, 2015:  

English: , member of the

Utah Congressman Jason Chaffetz

With the simultaneous reintroduction of the Restoration of America’s Wire Act (RAWA) in the Senate by Senators Lindsey Graham (R-S.C.) and Marco Rubio (R-Fla.) and in the House by Representative Jason Chaffetz (R-Utah), concerns about federal sanctions against Internet gambling are raising constitutional issues once again. If enacted, the bill would violate the 10th Amendment’s guarantee that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, shall be reserved to the States respectively, or to the people.” It could also be extended to violate the Second Amendment: If gambling online can be prohibited by the federal government, why couldn’t the sale of guns and ammunition as well?

The RAWA would

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VA Backs Down on Threat to Take Idaho Veteran’s Guns

This article appeared online at TheNewAmerican.com on Monday, August 10, 2015:  

English: Image is similar, if not identical, t...

When Idaho State Representative Heather Scott learned that the Veterans Administration (VA) was about to descend on a veteran living in her district and confiscate his firearms, she enlisted the power of the Internet. Writing on her Facebook page last Thursday, she announced,

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Gun Ownership Explodes Under Obama

This article was published by The McAlvany Intelligence Advisor on Wednesday, July 29, 2015:  

The latest report from the ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives) merely confirms what most sentient souls living in the US already know: more Americans are becoming aware not only of their Second Amendment rights but of the increasing threat posed against them by the current administration. More people are learning about that “palladium” of their liberties:

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That Was No Love Letter Holder Sent to Brownback

This article was published by The McAlvany Intelligence Advisor on Monday, June 15, 2015:

The Great Seal of the State of Kansas

Within days of learning that Kansas Governor Sam Brownback signed into law the state’s Second Amendment Protection Act (SAPA), then-Attorney General Eric holder sought to put the upstart governor and his insignificant state in their place: SAPA was null and void. Federal officials would continue to operate in Kansas in spite of the new law, and if one of them were arrested, there would be trouble!

Wrote Holder:

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Federal Judge Tosses Brady Campaign Lawsuit Over Kansas Second Amendment Law

This article appeared online at TheNewAmerican.com on Monday, June 15, 2015: 

U.S. District Court Judge Julie Robinson punted last week on the Brady Campaign’s lawsuit against Kansas’ Second Amendment Protection Act by declaring that the Brady Campaign lacked standing to bring the suit in the first place. She wrote: 

At this time, Brady Campaign has not alleged an actual or imminent injury that is fairly traceable to the enforcement of the Act [that would therefore] be addressable by a favorable decision by this Court. 

 

Brady Campaign, therefore, lacks … standing to mount a constitutional challenge to the [state’s] Second Amendment Protection Act. 

This allowed Judge Robinson to avoid considering all the various “issues” raised by Brady: “The Court therefore need not reach the other issues raised in Defendants’ motion to dismiss.” 

What “other issues”? For starters is the law’s declaration that “any act, treaty, order, rule or regulation by the government of the United States which violates the Second Amendment of the United States is null, void and unenforceable in the state of Kansas.” 

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Rand Paul’s “Carpe Diem” Moment and the Patriot Act

This article was published by The McAlvany Intelligence Advisor on Monday, June 1, 2015: 

When Kentucky Senator Rand Paul learned that Senate Majority Leader Mitch McConnell had called the Senate into special session on Sunday afternoon to reconsider extending the Patriot Act (and most likely the USA Freedom Act which the House just passed), he saw his opportunity. It was a “carpe diem” moment (“seize the day”).

He gave this to Politico:

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Genie Out of the Bottle: Nullification Efforts are Gaining Momentum

This article first appeared at The McAlvany Intelligence Advisor on Monday, May 11, 2015: 

Cover of "Nullification: How to Resist Fe...

Once perceived to be invincible, government bureaucrats issuing decrees and mandates from on high are being exposed for what really are: Wizards of Oz. It was Tom Woods’ book, Nullification: How to Resist Federal Tyranny in the 21st Century that let the genie out of the bottle.

All Woods did was explain how the founders intended for the states to be the last line of defense against federal overreach. It put in place the Bill of Rights which contains the Tenth Amendment:

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National Reciprocity law: the Wrong way to do the Right Thing

This article first appeared at The McAlvany Intelligence Advisor on Monday, May 18, 2015: 

P-64 (pistol)

Member of the House of Representatives Marlin Stutzman (R-Ind.) has let his enthusiasm run away from his good sense. For the third time in a row he has offered a bill giving power to the federal government to force the states into granting nation-wide “reciprocity,” so that anyone with a concealed carry permit, or a resident of a “permitless” state, can carry anywhere he wants in the country without repercussions. An identical bill was presented in the Senate by Senator John Cornyn (R-Texas).

Stutzman explained why:

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Pressure Building to Pass National Concealed Carry Reciprocity Law

This article first appeared online at TheNewAmerican.com on Monday, May 18, 2015:

Official portrait of Congressman (R-IN).

Congressman Marlin Stutzman (R-IN)

 

In February when Representative Marlin Stutzman (R-Ind.) reintroduced his Constitutional Concealed Carry Reciprocity Act of 2015, Senator John Cornyn (R-Texas) introduced an identical one in the Senate. Stutzman touted his bill:

Americans enjoy a natural right to self-defense preserved by the Second Amendment. This federally guaranteed liberty should not be forfeited when state lines are crossed.

Unfortunately, this fundamental right has been under attack from the anti-gun lobby on both the federal and state levels. This bill preserves the right to keep and bear arms for law-abiding citizens while respecting the roles and responsibilities of state legislatures.

Promoters such as the pro-Second Amendment group Gun Owners of America (GOA) are urging their members to press for passage:

If you have a concealed carry permit — or if you come from a freedom-loving “constitutional carry” state that doesn’t require one! — you should be able to carry anywhere in the country without fear of losing your constitutional rights [just] because of where you are.

They go further to remind their members of what happened two years ago when Shaneen Allen, a Pennsylvania resident traveling by car in New Jersey, was stopped for a minor traffic violation. Thinking that her Pennsylvania concealed carry permit was valid in New Jersey, she

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Genie Out of the Bottle: Nullification Efforts are Gaining Momentum

This article first was published by The McAlvany Intelligence Advisor on Monday, May 11, 2015: 

Cover of "Nullification: How to Resist Fe...

Once perceived to be invincible, government bureaucrats issuing decrees and mandates from on high are being exposed for what really are: Wizards of Oz. It was Tom Woods’ book, Nullification: How to Resist Federal Tyranny in the 21st Century that let the genie out of the bottle.

All Woods did was explain how the founders intended for the states to be the last line of defense against federal overreach. It put in place the Bill of Rights which contains the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Thomas Jefferson expressed the matter slightly differently:

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Nullification Spreading: Minnesota Invalidates FDA Restrictions

This article first appeared online at TheNewAmerican.com on Monday, May 11, 2015:

English: The Bill of Rights, the first ten ame...

The Bill of Rights

 

When Minnesota State Representative Nick Zerwas was 15 years old, he was told he had only months to live. Informed that he wouldn’t be able to get a heart transplant, Zerwas was told by his doctor that he might be saved by a surgical procedure that was still experimental. Said Zerwas: “That was my right to try. I fully believe life is worth fighting for, and government has no role in getting in the way.” 

On May 1 Zerwas’ bill, the Minnesota Right to Try Act, passed the state house unanimously, 123-0. It had previously passed the state senate, 60-4, on April 21, and on May 5, Minnesota Governor Mark Dayton signed it into law. 

In general the Food and Drug Administration (FDA) prohibits access by patients to experimental drugs, but 

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Barely Half the House Opposes the ATF’s ammo ban

This article first appeared at The McAlvany Intelligence Advisor on Monday, March 9, 2015:

When the 114th Congress was sworn in in January, each member of the House took this oath:

I, (name of Member), do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

By failing to sign Rep. Bob Goodlatte’s letter to the chairman of the ATF, could one assume that a member of the House is violating his oath of office? After all,

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Patriot Act’s Illegal Section 215 due to Expire June 1

This article first appeared online at TheNewAmerican.com on Wednesday, February 18, 2015:

The seal of the Federal Bureau of Investigation.

Section 215 of the Patriot Act is set to expire June 1, and each side in the upcoming battle to renew, reform, or let expire this unconstitutional abridgement of freedoms is rolling out its arguments.

Section 215 is often referred to as the Patriot Act’s “library records” provision because it allows the FBI to order a library or any other source to produce, without a warrant showing probable cause (as required under the Fourth Amendment), all “tangible things” belonging to its target of interest including “books, records, papers, documents, and other items.” That includes books borrowed and websites visited by the target while at the library. Niceties demanded by the Fourth Amendment are ignored in Section 215 as long as the FBI “specifies” that its order is “for an authorized investigation … to protect against international terrorism or clandestine intelligence activities.”

One of those favoring renewal of Section 215 is Senator Chuck Grassley (R-Iowa), chairman of the Senate Judiciary Committee:

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The Second Amendment continues to Thrive, says Pew Research

This article first appeared at The McAlvany Intelligence Advisor on Monday, December 15, 2014:

Life has lately been hard for the anti-gunners and those opposed to the Second Amendment. According to Pew Research, it isn’t likely to get easier any time soon. For 20 years, Pew has been asking Americans a simple question:

What do you think is more important – to protect the right of Americans to own guns, OR to control gun ownership?

In 1993, the Second Amendment guaranteeing American citizens the right to keep and bear arms had few friends. According to Pew, just 34 percent of those polled thought it was more important than passing more gun control laws, while 57 percent favored more gun control legislation.

Its popularity hit bottom in March, 2000, about a year after the Columbine High School massacre in a Denver suburb, with just 29 percent supporting it compared to 66 percent wanting more controls.

Since then, however, Pew has been measuring a resurgence of support for the beleaguered guarantee,

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Dollree Mapp, Defendant in Landmark Fourth Amendment Case, Dead at 91

This article first appeared online at TheNewAmerican.com on Wednesday, December 10, 2014: 

3,927 days Earl Warren from 1943 to 1953

Chief Justice Earl Warren

When Dollree Mapp answered the door on May 23, 1957, she had no idea of the impact her next move would have on jurisprudence in the United States. 

At her door were three local police officers who were searching for a suspect in a bombing, and they asked permission to enter her home, having been given information that he might be hiding there. She asked them if they had a search warrant. When they said no, she refused entry. 

Two officers left, leaving one behind to maintain surveillance. Three hours later the two officers returned, along with several others who demanded entry into her home. At that point, according to Supreme Court Justice Tom Clark, writing for the majority in Mapp v. Ohio, 

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Warrantless Taking of Drivers’ Blood Samples Ruled Unconstitutional

Texas Court of Criminal Appeals

Texas Court of Criminal Appeals )

This article first appeared online at TheNewAmerican.com on Monday, December 1, 2014:

At about 2:00 a.m. on October 3, 2010, Missouri motorist Tyler McNeely was stopped by a highway patrolman for speeding and weaving. After failing several field sobriety tests, McNeely was asked to submit to a breathalyzer test, which he refused. He was immediately arrested and taken to a local hospital in handcuffs, where he was forced to submit to having blood drawn to check his blood alcohol level — all without a warrant. McNeely went to court claiming his Fourth Amendment rights were violated.

The Fourth Amendment says: “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to searched, and the persons or things to be seized.”

Upon appeal, his case was heard by the Supreme Court in April of 2013, which agreed that

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Gadsden Flag Carries Clout in Ocala

This article was first published at The McAlvany Intelligence Advisor on Friday, September 12, 2014:

 

Illustration from High School textbook printed...

Illustration from High School textbook printed in 1885, titled “History of the US”. (Photo credit: Wikipedia)

The Gadsden flag of a coiled rattlesnake on a bright yellow field with the words “Don’t tread on me” beneath it was designed by American General Christopher Gadsden in 1775 during the American Revolution. Benjamin Franklin explained what the flag meant to Americans then:

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Many of the articles on Light from the Right first appeared on either The New American or the McAlvany Intelligence Advisor.