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: unconstitutional

County Sheriff in California Strips Forest Service Agents of Law Enforcement Powers

The CBS affiliate in El Dorado County, California, expressed surprise when it reported that County Sheriff John D’Agostini stripped agents of the U.S. Forest Service of their law enforcement powers in his county.  Wrote D’Agnostini:

I take the [standard of] service that we provide to the citizens of El Dorado County and the visitors to El Dorado County [which includes Lake Tahoe] very seriously, and the style and manner of service we provide.

The U.S. Forest Service, after many attempts and given many opportunities, has failed to meet that standard.

The writer covering the story, Laura Cole, asked a law professor, John Myers, if D’Agostini could actually get away with this. Said Myers: “It looks to me as though the sheriff can do this.”

This isn’t the first time D’Agostini has written such a letter.

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DOMA decision could have been worse

On the surface, the Supreme Court’s ruling in U.S. v. Windsor was a simple case of discrimination: Edith Windsor and Thea Spyer, a same-sex couple were lawfully married in New York. When Thea died, she left her sizeable estate to Edith who tried to claim the federal estate tax exemption for married couples. But under Section 3 of DOMA, the term “spouse” only applies to a marriage between a man and a woman. So her exemption was denied and she had to pay some $360,000 in federal estate taxes. The court ruled that section to be unconstitutional “as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”

Here’s the Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The ruling means now that legally married gay couples will be treated the same was as opposite-sex married couples when it comes to federal laws like estate taxes, Social Security survivor benefits, military and health payments, and filing status for federal income taxes.

What the supremes didn’t do was redefine marriage for the whole country, thankfully. Jim DeMint, now president of the Heritage Foundation, said:

The court didn’t redefine marriage for  the nation. We will work to restore clear marriage policy at the national level  and get our laws defended at every level. But in the meantime, today’s decision  from the court means that our national  debate about marriage will continue.

The court also didn’t asset a constitutional right to same-sex marriage, nor did it add the term “sexual orientation” to the types of cases that must be given “heightened scrutiny” by courts.

This is not, I repeat, not a cataclysmic disaster for those of us who take Genesis as the infallible word of God.

Obama the green dictator

My good friend Bill Jasper at The New American has just written about the Economist‘s about-face on climate change. This change in attitude, as the Economist itself notes, is “a very big deal.”

But good friend Bill fails (I hesitate even to suggest a criticism of his position) to note that

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States’ Nullification Efforts: All Bark and no Bite?

This article first was published by the McAlvany Intelligence Advisor:

 

In a dreadfully slanted and intellectually dishonest offering from Associated Press writer David Lieb on Friday, efforts by the several states to nullify unconstitutional federal laws are derided as irrelevant and the matter already settled.

So why did he write it? Perhaps that’s the underlying message: the feds are getting nervous.

He calls the possibility that a state might actually arrest a federal agent for enforcing a federal law that a state thinks is unconstitutional “farfetched” but “conceivable.” He refers to the bill about to become law in Missouri as

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Snowden’s Revelations Confirmed by Three Other Whistleblowers

In a long wide-ranging interview arranged by USA Today on last Friday, three National Security Agency (NSA) whistleblowers and their attorney were grilled about Edward Snowden’s revelations and their reactions to them.  They uniformly exhibited a palpable sense of relief that finally someone had been able to break through and get their message into the public square, something they had failed to do on their own.

The three, Thomas Drake, William Binney and Kirk Wiebe along with attorney Jesselyn Radack, the director of the non-profit public interest law firm Government Accountability Project, were asked pointedly

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NSA and Verizon and our privacy

By now every sentient being on the planet knows that the National Security Agency ordered Verizon back in April to give it the phone records of its customers.  They also know that it was signed by a phony judge of a phony court under an illegal section of an unconstitutional law passed by congress and then reauthorized by another congress.

I’ve looked into this a little bit and here’s what I’ve found.

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Jay Sekulow files lawsuit against the IRS, as promised

Sekulow heads up the American Center for Law and Justice (ACLJ). The initials reflect a deliberate alternative to the ACLU when it was set up by Pat Robertson back in 1990. Last week he announced his intention to sue the IRS on behalf of a number of Tea Party and Patriot groups singled out by the IRS for “special attention,” and yesterday he did.

He’s suing everyone within shouting distance:

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Colorado Sheriffs and Other Plaintiffs Sue to Void Two Gun Laws

On Friday morning all but 10 of Colorado’s 64 sheriffs along with 20 other plaintiffs gathered in Denver’s Independence Institute’s offices to announce the filing in U.S. District Court of a lawsuit to overturn two of the four gun control measures signed into law by Governor John Hickenlooper in March. According to John Caldera, the institute’s president, the lobby – called the Freedom Assembly – was

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Brownback pushes back!

Yesterday I opined that I could hardly wait to see what would happen following Eric Holder’s letter to Kansas Governor Sam Brownback over the new Kansas law nullifying federal attempts at gun control in Kansas.

I didn’t have to wait long! Here is Brownback’s response:

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State Nullification: The Moment of Truth

Professor Tom Woods wrote Nullification: How to Resist Federal Tyranny in the 21st Century back in June 2010 which got a lot of attention – a lot of it favorable, some not so – because it spelled out the constitutional protections against an overreaching federal government.

Some folks in Kansas decided to got for it and passed a law which contained this language:

It is unlawful for any official, agent or employee of the government of the United States, or employee of a corporation providing services to the government of the United States, to

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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.