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

Category Archives: Constitution

Latest 5-4 Supreme Court Decision Reveals Danger of Court Packing

This article was first published by TheNewAmerican.com on Monday, April 12, 2021:

The Supreme Court got it right on Friday, April 9, when it ruled that California’s COVID shutdown rules violated both the First and the 14th Amendments to the U.S. Constitution.

But it was by the narrowest of margins: 5-4, with Chief Justice John Roberts once again siding with the liberals on the court.

This is the fifth time the high court has been forced to overrule similar decisions from the Ninth Circuit on California’s COVID-19 restrictions on religious exercise. Justices Samuel Alito, Clarence Thomas, Brett Kavanaugh, Neil Gorsuch, and Amy Coney Barrett made up the majority, while Justices Roberts, Breyer, Kagan, and Sotomayor supported California over the complaints brought by Santa Clara pastor Jeremy Wong and others.

Liberal Justice Elena Kagan wrote the dissent, claiming that California was fully justified in impinging and infringing upon people’s First- and 14th Amendment-guaranteed rights because the state was relying on “experts’ scientific findings” to justify those infringements.

In his book One Vote Away, published last September, Senator Ted Cruz (R-Texas) made the point that Americans are just one vote away from not only losing precious rights guaranteed in the Bill of Rights but losing the Republic altogether. He used numerous close calls to illustrate and prove his point: just one vote on the Supreme Court preserves the right to speak freely, to keep and bear arms, and to exercise freedom of religion.

As we noted on Saturday, regarding Biden’s executive order establishing the Presidential Commission on the Supreme Court will explore much more than just the need to expand (read: pack) the Supreme Court:

Keep reading…

States, Cities Declaring Freedom From COVID Rules

This article was first published by TheNewAmerican.com on Wednesday, April 7, 2021:  

Lawmakers in Texas and at least 19 other states, not to mention municipalities such as San Francisco, are throttling back on the COVID rules that have plagued the country for more than a year.

Plague is the correct term to use, too. According to the Bureau of Economic Research (BRS, just the shock of being out of work — “unemployment shock” — will lead to a three-percent increase in mortality that will ultimately cost, in its estimation, nearly 900,000 lives. That compares to the 570,000 deaths already attributed — though likely inaccurately — to the China virus. (Because of incentives to report any death as COVID-related, that 570,000 figure is likely grossly overstated.)

Keith Jackson, writing at American Thinker, suggested that BRS’ estimate is too conservative:

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Federal Court: College Officials Deliberately Discriminated Against Campus Christian Group

This article was first published at TheNewAmerican.com on Tuesday, April 6, 2021:  

The ruling issued on Monday vindicating charges that Wayne State University’s board members and administrators intentionally discriminated against InterVarsity Fellowship’s campus chapter is a small victory in the long and accelerating war against Christians and their faith.

Judge Robert H. Cleland, a senior federal judge appointed to the U.S. District Court for the Eastern District of Michigan in 1990 by then-President George H. W. Bush, wrote

that [Wayne State University board members and administrators] violated [InterVarsity Fellowship’s local chapter]’s rights to internal management, free speech, freedom of association, freedom of assembly, and free exercise….

 

Defendants also violated the Establishment Clause [First Amendment to the Bill of Rights, to wit: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

He also dismissed any claims that the board members or administrators had immunity from sanctions over the case, allowing those sanctions to apply to them personally as well as professionally.

InterVarsity Fellowship/USA (IVF) has more than 600 chapters on college campuses in the United States and its chapter at Detroit’s Wayne State University (WSU) has been present there for 75 years.

But when board member Ricardo Villarosa decided to stretch the school’s anti-discrimination policy in order to prevent the group from having its usual access to campus facilities and events, the chapter enlisted the assistance of the Becket Fund and filed a discrimination lawsuit.

Wayne State University’s efforts to be all things to all people all the time are incorporated in its non-discrimination policy:

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Iowa the 19th State to Push Back Against Biden Gun Control

This article was first published at TheNewAmerican.com on Monday, April 5, 2021:  

Iowa Governor Kim Reynolds signed into law on Good Friday the latest manifestation of the pushback against federal tyranny taking place across the land. The instant issue is “constitutional carry” — the freedom to enjoy a right without first being required to obtain governmental permission to do so — but the larger issue is this: People belonging to the Country Class are getting sick and tired of the Ruling Class and its condescension and its imposition of its tyrannical agenda.

The new state law, which becomes effective on July 1, allows Iowans to purchase a handgun from private sources without obtaining permission first, and further, to carry it on their person, also without first having to get governmental permission.

Said Reynolds:

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Orange County, California, Shooting: Shooter Violated Many Gun-control Laws

This article was first published by TheNewAmerican.com on Thursday, April 1, 2021:

Details about the fourth mass shooting under the Biden administration remain sketchy, but certain facts are becoming known.

The shooter, a male, entered a building complex in Orange County around 5:30pm Wednesday evening and was able to murder four people and wound another before law-enforcement officers arrived on the scene and neutralized him.

Among the victims was “a child,” according to reports.

The other mass shootings — a mass shooting being defined as an incident in which at least four victims were shot, not including the shooter; or in which four or more victims are murdered with firearms — during the Biden administration included:

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Montana AG: “Strong Constitutional Case” Against Biden EO Cancelling Keystone Pipeline

This article was first published by TheNewAmerican.com on Wednesday, March 31, 2021:

Montana Attorney General Austin Knudsen told Breitbart News Sunday host Matt Boyle that he thinks the lawsuit he and Texas AG Ken Paxton brought against the Biden administration over the cancellation of the Keyston XL pipeline has “a strong Constitutional” foundation.

He summed up the lawsuit, which was filed two weeks ago:

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California Sues ATF, Demanding It Banish “Ghost Guns”

This article was first published by TheNewAmerican.com on Tuesday, March 30, 2021:  

The lawsuit filed by the State of California and the Giffords Law Center last fall to force the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to ban “ghost guns” is so filled with misstatements, half-truths, and just plain outright lies that Dean Weingarten decided to expose them.

Weingarten, a former peace officer, military officer, and certified firearms safety instructor since 1973, found so many errors of fact and false assumptions made by the plaintiffs that it’s taken him three separate analyses to cover them all.

In its 59-page brief demanding that the court require the ATF to rewrite its rules,

Keep reading…

Sixth Circuit Says ATF “Bump Stock” Ban Unconstitutional, Sends It Back to Lower Court

This article was published by TheNewAmerican.com on Monday, March 29, 2021:  

The U.S. Court of Appeals for the Sixth Circuit (Michigan) finally ruled on Thursday on the so-called bump stocks case that has been pending since December 2019, i.e., the attempt by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to arbitrarily and unilaterally rewrite its own rule about “bump stocks.” The court ruled that the effort by the ATF is unconstitutional:

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Boulder Shooting: Where Were the Defenders?

This article was first published by TheNewAmerican.com on Tuesday, March 23, 2021:  

By the time first responders arrived at the scene, shooting suspect Ahmad Al Aliwi Alissa had had plenty of time to murder 10 people. Police received the first call at just after 2:30pm on Monday afternoon and the first responder, Boulder Police Officer Eric Talley, arrived at 2:40pm.

Alissa, a resident of Arvada about 25 miles away, entered the King Soopers grocery store in the Table Mesa neighborhood of Boulder, Colorado, and began, according to eyewitnesses, picking off customers at random with his AR15 semi-automatic rifle.

When Talley arrived, a firefight ensued, and the suspect was able to hold off law officers until 3:21 p.m. when, wounded, he was finally taken into custody.

The mainstream media focused on two things: 1) his motive; and 2) the opportunity to press for more gun laws.

As of 9:04 a.m. Tuesday morning, Boulder’s Daily Camera couldn’t report a motive, only that the shooter had been charged with 10 counts of murder.

But rabid anti-gun Senator Chris Murphy (D-Conn.) saw the moment of opportunity, and he took it, tweeting:

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Federal Judge Challenges Supreme Court’s “Infallibility”

This article was first published by TheNewAmerican.com on Monday, March 22, 2021:

Federal Appeals Court Judge Laurence Silberman, in a dissent in an obscure case on Friday, challenged the “infallibility” of the Supreme Court. Because of a ruling the high court made in 1964, politicians or those running for any political office in the land cannot win a defamation lawsuit. This has consequently allowed media giants to become promoters of a party line without worrying over negative repercussions. They have instead become a transmission belt of leftist propaganda.

According to Silberman, that ruling — New York Times v. Sullivan — has unleashed the media’s bias against Republicans and the Republican Party, and has turned them into propaganda mouthpieces for the Left:

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Texas AG: States Must Provide “Counterweight” to Biden’s Unconstitutional Edicts

This article was published by TheNewAmerican.com on Monday, March 15, 2021:

Texas Attorney General Ken Paxton, one of the most active of the states’ attorneys general in resisting the unconstitutional overreach of the Biden administration, wrote on Saturday that he needed help. Although he has filed numerous lawsuits, with more promised, he can’t do it alone:

It is … up to the states to save this country from President Biden’s liberal and illegal wish list.… The Office of the Attorney General of Texas stands ready to lead in that mission.

Paxton is relying, in part, on one of the Republic’s Founders to build his case. James Madison, the “Father of the Constitution,” wrote in The Federalist, No. 45:

The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people….

And when the federal (or “national” or “central”) government threatens the rights of the sovereign citizens of a state, wrote Paxton, “I am proud to lead the way for Texas in providing the necessary counterweight to the far-left Democrats forcing dangerously radical policies upon us.”

Paxton already has had some significant success. He filed a lawsuit in the Federal District Court of Texas demanding that the Biden administration immediately halt its freeze on the deportation of illegal aliens. He wrote:

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New Arkansas Abortion Law Intended to Challenge Roe v. Wade

This article was published by TheNewAmerican.com on Thursday, March 11, 2021:

The nearly total ban on abortion signed into law by Arkansas Governor Asa Hutchinson on Tuesday deliberately flouts precedent: It would ban abortions in every case “except to save the life of a pregnant woman in a medical emergency.”

It was designed to do so, to give the Supreme Court a chance to reconsider its flawed decision in Roe v. Wade, decided nearly 50 years ago. Said Hutchinson:

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20 State AGs Threaten Legal Action if H.R. 1 passes

This article was published by TheNewAmerican.com on Monday, March 8, 2021:  

Indiana Attorney General Todd Rokita drafted a letter decrying the attempted congressional overreach into state election laws represented by H.R. 1, the so-called For the People Act of 2021. After obtaining the signatures of 19 other states’ attorney generals last Wednesday, he sent the letter to Nancy Pelosi, the Speaker of the House, and Chuck Schumer, the Majority Leader of the U.S. Senate.

The 20 state AGs declared:

The Act betrays several Constitutional deficiencies and alarming mandates that, if passed, would federalize state elections….

 

Under … the Constitution … States have principal – and with presidential elections, exclusive – responsibility to safeguard the manner of holding elections. The Act would invert that constitutional structure … and erode faith in our elections and systems of governance.

They also provided a cram course in the U.S. Constitution for the leading Democrats:

The Electors Clause [of the United States Constitution] “convey[s] the broadest power of determination” and “leaves it to the [state] legislature exclusively to define the method” of the appointment of electors….

 

[That means that] Congress may not force states to permit presidential voting by mail or curbside voting, for example.

Those Democrat leaders’ intentions are clear, said the AGs:

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Federal Judge Slaps Down CDC Order Stopping Residential Evictions

This article was published by TheNewAmerican.com on Friday, February 26, 2021:

In his ruling Thursday against the CDC’s unconstitutional overreach, U.S. District Court Judge J. Campbell (“Cam”) Barker declared, “Although the COVID-19 pandemic persists, so does the Constitution.”

At issue was whether a federal agency — in this case the Centers for Disease Control and Prevention, or CDC — had the power to prevent landlords from evicting tenants during the pandemic. Or, in the words of Barker, “whether the federal government has [the] authority to order property owners not to evict specified tenants.”

Barker continued:

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Biden Admin Pauses “Fair Access Rule” That Stopped Banks From Discriminating Against Gun Sellers

This article was published by TheNewAmerican.com on Monday, February 22, 2021: 

Scarcely a week after the inauguration of Joe Biden as president, his Office of the Comptroller of the Currency (OCC) announced that the “Fair Access Rule” issued by the Trump administration would be paused to “allow the next confirmed Comptroller of the Currency to review” it.

It’s the rule that was designed to put to bed forever the blackmail activities of Operation Chokepoint established and enforced during the Obama administration. The Obama Department of Justice pressured banks to cease providing banking services, including loans, to “unsavory” businesses. Included were gun stores, ammunition sellers, pawn shops, providers of payday loans, and escort services. The operation ended early in the Trump administration, and the “Fair Access Rule” was designed to keep it buried. The rule simply said that “banks should conduct risk assessment decisions of individual customers, rather than make broad-based decisions affecting whole categories or classes of customers.”

Frank Keating of the American Bankers Association (ABA) said

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Kamala Harris Already Assuming Role of Commander-in-chief

This article was published at TheNewAmerican.com on Wednesday, February 17, 2021:  

One of the key responsibilities of the President of the United States is spelled out in Article II of the U.S. Constitution, which states that the president “shall receive Ambassadors and other public Ministers.”

Vice President Kamala Harris is filling that role nicely. On Tuesday, the White House published a summary transcript of a phone call Harris made to President Emmanuel Macron of France:

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Ken Paxton to Biden: You “Won’t Undo the 2A in Texas on My Watch.”

This article was published by TheNewAmerican.com on Tuesday, February 16, 2021:  

Seizing the opportunity to use the third anniversary of the Parkland school shooting for his anti-gun purposes, Biden called on Congress on Sunday to enact “common sense” gun laws to prevent such a horrific event from happening again.

He said:

Today, I am calling on Congress to enact commonsense gun law reforms, including requiring background checks on all gun sales, banning assault weapons and high-capacity magazines, and eliminating immunity for gun manufacturers who knowingly put weapons of war on our streets.

 

We owe it to all those we’ve lost and to all those left behind to grieve to make a change.

 

The time to act is now.

Texas Attorney General Ken Paxton immediately saw through the façade, tweeting:

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Republicans Who Voted to Impeach Trump Are Feeling the Heat

This article was first published by TheNewAmerican.com on Monday, February 1, 2021: 

In the barely two weeks since 10 Republicans in the House turned coat and voted to impeach President Trump, many are feeling the heat. Some are likely to disappear unheralded, appearing merely as a footnote in political history.

Michigan Representative Fred Upton, who voted to impeach, was unanimously censured at his county’s Republican convention on January 21. The members said that Upton “ignored the voice of the voters in Allegan County.”

On Saturday, all 50 members of the South Carolina GOP’s state executive committee voted to censure Representative Tom Rice over his impeachment vote. He already faces a slate of challengers for his seat in the 2022 midterm elections.

Said Drew McKissick, the chairman of the committee:

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Will Democrats Turn America Into Venezuela?

This article first appeared at TheNewAmerican.com on Friday, January 29, 2021:

The New York Times wrote in November that Marxist dictator Nicolas Maduro “has left the shrinking Venezuelan economy comparable to that of the Democratic Republic of the Congo.… The country now has the highest poverty rate in Latin America, overtaking Haiti this year.”

It took just 10 years to accomplish the feat: “Just a decade ago [Venezuela] rivaled the United States for regional influence.” Now, thousands of citizens who used to work for PDVSA, the state-owned oil company, “have been reduced to dismantling [the company’s] oil facilities for scrap metal and selling their distinctive overalls, emblazoned with the company logo, to make ends meet.”

Ten years for socialist policies implemented by Maduro to reduce South America’s most prosperous country to Third World status. Can Democrats accomplish the same feat here in the United States, in less time?

With few barriers remaining, Democrats are relishing the opportunity to try. And they have a nearly perfect roadmap to follow:

Keep reading…

State AGs Warn Biden: Follow the Constitution or We’ll Sue

This article appeared online at TheNewAmerican.com on Thursday, January 28, 1012:  

West Virginia Attorney General Patrick Morrisey minced no words in his letter of warning sent to the president on Wednesday: “If you sign unconstitutional laws passed by Congress, it will be our responsibility and duty to challenge those laws in court.”

Attorneys General from Arkansas, Indiana, Mississippi, Montana, and Texas signed the six-page letter. It said, “One week ago … you swore to preserve, protect, and defend the Constitution of the United States … [but you] cannot cut constitutional corners or shirk statutory strictures without inevitably doing more harm to our country than good.”

It added:

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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.
Copyright © 2021 Bob Adelmann