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: the law

College Professors Have Their Incoherent and Illogical Lawsuit Tossed

This article was published by The McAlvany Intelligence Advisor on Wednesday, July 12, 2017:

Littlefield Fountain and Main Building of The ...

Littlefield Fountain and Main Building of The University of Texas at Austin.

Three members of the 16,500 faculty of the University of Texas at Austin (UTA) became so incensed over the passage of Texas’ concealed carry on campus law that they decided, along with the assistance of a local Austin attorney, to file suit against everyone in sight to block its implementation scheduled for August 1. The district judge tossed it last week for lack of standing.

The lawsuit exposed not only the lack of standing, but the lack of understanding by the trio and their attorney, not only of the law, but the complete waste of time and Austin taxpayer money required for this frivolous complaint that resulted in nothing but bad publicity for the attorney and exposure of the silliness of professors with nothing better to do.

Hicks is a sole practitioner in Austin, while the three complainants were predictable liberals teaching at UTA:

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Texas Professors’ Frivolous Concealed-carry Lawsuit Tossed Due to Lack of Standing

This article appeared online at TheNewAmerican.com on Tuesday, July 11, 2017:  

When District Court Judge Lee Yeakel dismissed the frivolous lawsuit last week brought by three University of Texas professors against the state’s attorney general and numerous others, he claimed the trio had no standing. It’s also clear from the details that the professors also had no understanding of the issues involved. Instead they invoked conjecture over cogency, and the judge rightfully threw out the suit.

The three female professors — Jennifer Lynn Glass, Lisa Moore, and Mia Carter — with the help of a local attorney, made up their case against the law that allows concealed carry on the public campuses of Texas effective August 1. They feared that, somehow, armed students in their classrooms would

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Florida Judge Rules that the Legislature Cannot Modify a Law it Passed Earlier

This article was published by The McAlvany Intelligence Advisor on Wednesday, July 5, 2017:  

One of the essential doctrines involved in limiting government is the separation of powers. By putting governmental powers into separate hands, the founders hoped that each would constrain the other and thus protect liberty. Article I of the federal Constitution states that “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Article III states that “The judicial power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

Florida’s constitution is very similar:

The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts, and county courts. No other courts may be established by the state, any political subdivision, or any municipality.

When it comes to practices and procedures, however, it’s different:

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Venezuela’s Marxist Dictator Would Likely Support an Article V Convention Here

This article was published by The McAlvany Intelligence Advisor on Wednesday, May 10, 2017:

Article V supporters of a constitutional convention to rewrite the United States Constitution should pay careful attention to what Venezuela’s Marxist President Nicolas Maduro is proposing, and why. As his country descends from violence into chaos he is making his final move: proposing a rewrite of the country’s constitution put in place in 1999 under the country’s previous leader, Hugo Chavez. Chavez said it would last for “centuries.” If Maduro is successful, it will have lasted less than 20 years.

Maduro has proposed a “special assembly” made up of his own supporters to craft the new constitution. It would ban political parties and free elections. It would legitimize all of his previous unconstitutional acts and essentially make him a dictator for life.

There is some political pushback

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Venezuela Coming Undone: Maduro Wants New Constitution

This article appeared online at TheNewAmerican.com on Tuesday, May 9, 2017: 

Another crack opened in the wall supporting Marxist dictator Nicolas Maduro’s administration: On Monday Major General Miguel Rodriguez Torres, who ran Maduro’s intelligence service until he was fired in 2014, said his country is moving toward civil war: “We’re seeing much larger masses protesting across all major cities, including the working-class neighborhoods. The government is losing control.” He added:

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President Trump Issues Executive Order Expanding Religious Freedom

This article appeared online at TheNewAmerican.com on Thursday, May 4, 2017:

President Donald Trump signed his much-anticipated executive order expanding religious freedom, the Executive Order on Promoting Free Speech and Religious Liberty, in the Rose Garden on Thursday, the nation’s National Day of Prayer. Said Trump to the religious leaders gathered there, “For too long the federal government has used the state as a weapon against people of faith.” After announcing his order, he added “You’re now in a position to say what you want to say … no one should be censoring sermons or targeting pastors.”

Trump was referring to the Johnson Amendment,

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Trump Gives “Never, Ever” Speech to NRA National Convention

This article appeared online at TheNewAmerican.com on Friday, April 28, 2017:

In less than 30 minutes, President Donald Trump hit all the hot buttons, feeding red meat to thousands attending the National Rifle Association’s national convention in Atlanta on Friday.

Trump, the first sitting president to address the NRA convention since President Ronald Reagan in 1983, began by voicing his appreciation to the NRA and its membership for its and their early and generous support of his presidential campaign. The NRA first endorsed Trump for president in March 2016 and subsequently pumped $30 million into his campaign, running four times as many ads in his support than it did for Mitt Romney in 2012.

He reminded his raucous supportive audience of how the national media tried to suppress voter turnout in 2016 by repeatedly stating that

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Senators Rushing to White House With Names to Fill Judgeship Vacancies

This article appeared online at TheNewAmerican.com on Monday, April 10, 2017:  

Map of the geographic boundaries of the variou...

Map of the geographic boundaries of the various United States Courts of Appeals and United States District Courts.

In anticipation of Judge Neil Gorsuch’s confirmation by the Senate, Colorado Senator Cory Gardner began putting together a list of prospective nominees for President Trump to consider to take his seat on the 10th Circuit Court of Appeals: “We’re very close to sending over our list for the district,” said Gardner on Sunday.

Senator Ted Cruz (R-Texas) sees Trump’s opportunity to reshape the country’s legal system, calling on the president to enlist an “army of young, principled constitutionalists” to fill the openings:

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The New Attorney General Supports Local Police in Contrast to the Former AG, Who Worked to Assimilate Them

This article was published by the McAlvany Intelligence Advisor on Wednesday, April 5, 2017:

English: A fully modern Police Box in Baltimor...

A fully modern Police Box in Baltimore, Maryland based on the British concept. The box is located on North Charles Street near Penn Station and contains a climate controlled workspace with an exterior emergency phone.

Revolutionary historians know all about the Hegelian Dialectic and its postulate that human beings can be driven to take a certain course of action by offering an argument (thesis), a counter-argument (antithesis), and a final resolution (synthesis). If one can control both sides of the conversation, the outcome is certain.

Take, for example, the death of Freddie Gary in 2015 in Baltimore. The details remain sketchy even today about exactly how he died in the back of the police van, but his death served the purpose of the communists.

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Los Angeles Mayor Is Defiant Against Trump’s Executive Order Regarding Illegals

This article appeared online at TheNewAmerican.com on Wednesday, March 22, 2017:

Los Angeles Mayor Eric Garcetti (shown) has thrown down the gauntlet, defying President Donald Trump’s executive order issued in January, entitled “Enhancing Public Safety in the Interior of the United States.” That executive order provides a three-step procedure to ensure that illegals are apprehended and deported: 1) the “name and shame” list of illegals committing crimes in so-called “sanctuary cities”; 2) threat of legal action against officials endorsing “sanctuary city” policies; and 3) threat of withholding federal funds if they persist in resisting federal immigration enforcement officials from performing their duties.

Even the title of Garcetti’s own executive directive is a poke in Trump’s eye: “Standing with Immigrants: A City of Safety, Refuge, and Opportunity for All,” even if those “All” are among Los Angeles’ estimated 2.6 million illegals.

Garcetti opens with a summary of West Coast liberalism:

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AG Jeff Sessions Needs a Refresher Course on the Bill of Rights

This article was published by The McAlvany Intelligence Advisor on Monday, March 20, 2017:

United States Senate election in Alabama, 1996

AG Jeff Sessions

Less well known, perhaps, than the Second Amendment are the Ninth and Tenth Amendments, efforts by the founders to chain down the national government “from mischief.” Attorney General Jeff Sessions appears to need a refresher course in them, to wit:

The Ninth Amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; and

 

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.”

What Sessions appears to have forgotten is that law enforcement is to be left largely up to the states, closer to the people themselves, and thus easier to control. Communists, on the other hand, have been pointed in their attacks on local law enforcement, which keeps getting in the way of installing a national police force.

Speaking in Richmond, Virginia last week, Sessions addressed a gathering of federal, state, and local law enforcement officials and expressed his concerns about the rising rate of violent crime in the US over the past two years. He doesn’t think it’s an anomaly:

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Number of Former Sanctuary Cities Reversing Policy

This article appeared online at TheNewAmerican.com on Monday, February 13, 2017:

US Immigration and Customs Enforcement arrest

In response to President Donald Trump’s executive order issued on January 25 — “Enhancing Public Safety in the Interior of the United States” — a number of cities that formerly considered themselves as “sanctuary cities” for illegal immigrants are reversing their policies. The first to do so was Miami-Dade County in Florida the day after Trump issued his order.

Miami-Dade was followed by

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Trump’s Travel Ban Halted (for Now); Could Go to Supreme Court

This article appeared online at TheNewAmerican.com on Sunday, February 5, 2017:

English: United States Supreme Court building ...

United States Supreme Court building in Washington D.C.

The firestorm that erupted following President Donald Trump’s executive order on immigration and refugees issued on January 27 has resulted in more than 50 lawsuits being filed against it. One of them, filed by the state of Washington and then joined by the state of Minnesota, resulted Friday in a temporary restraining order that halted nationwide Trump’s travel ban preventing nationals of seven foreign countries and refugees from entering the United States. The order, issued Friday by U.S. District Court Judge James Robart in Seattle, set off a flurry of tweets from the president deriding the ruling and a White House promise that Robart’s order would immediately be appealed.

The Trump administration filed an emergency motion Saturday night asking that Judge Robart’s temporary restraining order be stayed, allowing the administration to enforce the travel ban while the judge’s decision is being appealed. On Sunday morning,  the San Francisco-based 9th Circuit Court of Appeals said it would not stay Robart’s order immediately, but would consider the administration’s request after receiving more briefs from both parties. The administration was asked to file a second brief by 3:00 p.m. Monday.

Tweets from the president came fast and furious. His first tweet on Saturday, posted at 4:59 a.m., stated: “When a country is no longer able to say who can, and who cannot, come in & out, especially for reasons of safety &.security – big trouble!” As the day unfolded, his other tweets included:

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Trump Should Have Fired Sally Yates Sooner

This article was published by The McAlvany Intelligence Advisor on Wednesday, February 1, 2017:

The Robert F. Kennedy Department of Justice Bu...

The Robert F. Kennedy Department of Justice Building in Washington, D.C., headquarters of the United States Department of Justice.

The first sign of trouble at the Department of Justice occurred at about 9 am on Monday when acting Attorney General Sally Yates ordered her staff not to defend Trump’s immigration order. In an email to her staff, Yates opined:

At present, I am not convinced that the defense of the executive order is consistent with these responsibilities of the Department of Justice, nor am I convinced that the executive order is lawful.

She also took exception to the Trump administration’s claim that her own department’s Office of Legal Counsel had adequately cleared the order beforehand, ruling that his order was “lawful on its face”:

[That ruling] does not address whether any policy choice embodied in an executive order is wise or just….

I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right.

And then, sealing her fate, Yates concluded:

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Miami-Dade County First to End Sanctuary Status

This article appeared online at TheNewAmerican.com on Friday, January 27, 2017:

The mayor of Miami-Dade County, Florida, Carlos Gimenez, ordered his prison director “to honor all immigration detainer requests received from the Department of Homeland Security” on Thursday, following President Donald Trump’s executive order. He added: “Miami-Dade County complies with federal law and intends to fully cooperate with the federal government.” (See protesters above)

This was music to Trump’s ears, who immediately tweeted

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Baltimore’s State Attorney Marilyn Mosby About to Face Her Moment of Truth

This article was published by The McAlvany Intelligence Advisor on Friday, January 13, 2017:

A federal judge just allowed a lawsuit brought against Baltimore’s state attorney Marilyn Mosby to proceed. The lawsuit, filed by five of the six officers charged in the death of Freddie Gray (in mural, center) in 2015, will move to “discovery” – the phase where, under oath, Mosby and her enablers, including deputy Sheriff Samuel Cogen, must answer questions about those charges.

To review: Freddie Gray, a young black punk with a rap sheet containing 20 charges, mostly drug-related, ran from

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Uninformed Cheerleaders Support National Concealed Carry Reciprocity

This article was published by The McAlvany Intelligence Advisor on Friday, January 6, 2017:  

Map of USA states as regards their status for ...

Map of USA states as regards their status for Concealed firearm carry (undated)

Perhaps Rep. Richard Hudson (R-N.C.) can be forgiven. After all this is just the start of his second term representing North Carolina’s Eighth Congressional District. And only a few of his votes pertained directly to the Constitution. So perhaps his voting record, as measured by the John Birch Society’s Freedom Index, isn’t really representative of his understanding of the precious document he has now sworn twice to uphold and defend.

His score of just 66 out of 100 would require remedial after-school homework in most schools in the country.

What is unconscionable is the support others who should know better are giving his bill to give the federal government the power to enforce concealed carry reciprocity across the sovereign states.

In Hudson’s statement, it all sounded very nice:

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Massachusetts AG Busy Defending Her Unconstitutional “Enforcement Notice” on “Copycat” Assault Weapons

This article appeared online at TheNewAmerican.com on Thursday, January 5, 2017:  

English: A M4A1 with SOPMOD package, including...

A M4A1 with SOPMOD package, including Rail Interface System and Trijicon 4x ACOG.

Even though Massachusetts Attorney General Maura Healey knew that her unilateral expansion of an 18-year-old law to ban anything that looked like an “assault weapon” was likely to be challenged, she went ahead with it anyway. On July 20 of last year, she imperiously announced her “enforcement notice” to every gun maker and dealer in the state:

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There is No “Permanent” Fix for Social Security

This article was published by The McAlvany Intelligence Advisor on Monday, December 12, 2016: 

Social Security Poster: old man

Social Security Poster:

There’s no doubt that Texas Representative Sam Johnson means well. He and his constituents are concerned about their financial futures and about the viability of Social Security as an important part of those futures. So on Thursday he offered his plan “to permanently save Social Security.” He calls it the “Social Security Reform Act.”

The plan doesn’t deserve a close look.

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Mass. Superior Court: State’s AG May Demand “Safety” Info From Glock, Remington

This article appeared online at TheNewAmerican.com on Wednesday, November 9, 2016:  

Back in July Massachusetts’ anti-gun Attorney General Maura Healey unilaterally rewrote the law on what constitutes an “assault” weapon and then banned them under her new definition.

At the same time, she issued imperious demands from Remington and Glock to provide her office with all manner of private company information relating to the “safety” of the companies’ ammunition and firearms.

Her anti-gun ideology was clear when she banned the newly defined assault weapons, saying,

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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.