Tag Archives: Fifth Amendment

Virgin Islands Governor: Seize Firearms Ahead of Hurricane Irma

Wednesday, 06 September 2017 15:42

This article appeared online at TheNewAmerican.com on Wednesday, September 6, 2017:

English: Looking down at Magens Bay from Mount...

Looking down at Magens Bay from Mountain Top, Saint Thomas, U.S. Virgin Islands.

In anticipation of the arrival of Hurricane Irma, U.S. Virgin Islands Governor Kenneth Mapp on Tuesday ordered the Islands’ National Guard to “seize arms, ammunition, explosives, incendiary material and any other property that may be required by the military forces for the performance of this emergency mission.”

More chillingly, Governor Mapp has ordered his adjutant general, Deborah Howell, “to take whatever actions she considers necessary to carry out the assigned mission,” presumably actions that could end the lives of anyone resisting the Guard’s demands.

This is “necessary to maintain or restore order, and to guarantee the safety of life and property” adds the order, with nothing said about the safety of the lives of those who think the Vitter Amendment protects them from such seizures.

The Vitter Amendment, otherwise known as the Disaster Recovery Personal Protection Act of 2006, was passed following the order of the mayor of New Orleans to confiscate firearms in the wake of Hurricane Katrina.

David Codrea, writing for Oathkeepers, called this order by the Islands’ governor a

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California Judge Blocks Implementation of Magazine Ban

Saturday, 01 July 2017 05:54

This article appeared online at TheNewAmerican.com on Friday, June 30, 2017:

U.S. District Judge Roger Benitez issued a temporary injunction against implementation of a California law passed last year that would have turned most of the state’s six million gun owners into criminals overnight. Previous law banned high-capacity magazines (containing more than 10 rounds) but grandfathered in those owners who already possessed them. The new law repeals that exemption and punishes mere possession of the offending magazines with fines and possible jail time, starting on Saturday, July 1.

Said Benitez:

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Trump Protects Gun Rights of Social Security Beneficiaries

Saturday, 04 March 2017 07:02

This article appeared online at TheNewAmerican.com on Friday, March 3, 2017:

Image of the Bill of Rights (United States Constitution) cropped to show just the Second Amendment.

President Donald Trump kept another of his campaign promises on Tuesday by signing into law House Joint Resolution 40, rejecting a final rule submitted by the Social Security Administration. That rule would have infringed upon precious rights protected by the Second and Fifth Amendments to the Constitution. The White House explained the dangers of the SSA rule had it been implemented:

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Trump Has Great Opportunity to Influence U.S. Jurisprudence

Thursday, 16 February 2017 06:31

This article appeared online at TheNewAmerican.com on Wednesday, February 15, 2017:

English: The United States Supreme Court, the ...

The United States Supreme Court, the highest court in the United States, in 2010.

In his acceptance speech at the Republican National Convention after becoming the Republican nominee for president, then-candidate Donald Trump reiterated the importance of the replacement of deceased Supreme Court Judge Antonin Scalia, stating, “The replacement of our beloved Justice Scalia will be a person of similar views, principles and judicial philosophies. Very important. This will be one of the most important issues decided by this election.”

Following Trump’s election victory in November, liberals voiced shock and consternation, especially in light of the Republican Party maintaining its majority in the branch of the legislature tasked with confirming Scalia’s replacement — the Senate. Nina Totenberg of National Public Radio declared that

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Court Upholds Freedom and the Fifth Amendment in Taxi Cartel Case

Monday, 10 October 2016 20:06

This article appeared online at TheNewAmerican.com on Monday, October 10, 2016:

Embed from Getty Images

On the surface, Judge Richard Posner’s decisions, decided last Friday, appeared merely to expand the freedom of Uber, Lyft, and other ride-sharing services to operate more freely in Milwaukee and Chicago. Beneath the surface, however, Posner presents a refreshing and much-needed defense not only of freedom in general, but of the Fifth Amendment and the competitive free market as well.

Posner (shown above) is one of the most respected jurists in the country.

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Ninth Circuit Rules Marijuana Card Holders May Not Own Firearms

Tuesday, 06 September 2016 05:21

This article appeared online at TheNewAmerican.com on Monday, September 5, 2016:

Last Wednesday a three-judge panel of the Ninth Circuit Court of Appeals upheld a lower court’s decision that holding a marijuana card precludes its owner from keeping and bearing arms. In the process, the panel threw out the First, Second, and Fifth Amendment rights.

Rowan Wilson, a Nevada resident who held a state-issued marijuana card but didn’t use the weed, tried to purchase a firearm from Custom Firearms and Gunsmithing in Moundhouse, Nevada. She applied for the card to show her support for the freedom of people to make their own decisions about what they might or might not imbibe or inhale. It was a political statement only. It became personal when she tried in October 2011 to purchase a firearm for personal protection.

She was confronted with Question 11e on the required federal disclosure Form 4473 issued by the ATF, which reads:

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ACLU Preparing to Sue Trump If He Wins

Monday, 18 July 2016 08:38

This article appeared online at TheNewAmerican.com on Monday, July 18, 2016:

Perhaps recognizing the increasing likelihood of a Trump victory in November, the American Civil Liberties Union (ACLU) released last Friday “The Trump Memo” — a virtual legal action plan against many of Trump’s statements and proposals.

The release was preceded by a letter published in the Washington Post two days earlier written by Anthony Romero, the ACLU’s executive director, which said in part,

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

Monday, 18 July 2016 08:28

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

Donald

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

Friday, 08 July 2016 03:56

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

Thursday, 23 June 2016 05:08

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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Senate to Vote on Four Gun Bills on Monday, Including NRA-backed Cornyn Bill

Tuesday, 21 June 2016 05:39

This article appeared online at TheNewAmerican.com on Monday, June 20, 2016:

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

The Bill of Rights, the first ten amendments to the United States Constitution

Although none of four gun bills, offered as amendments to a Justice Department spending bill, is expected to pass the Senate on Monday, special attention is being paid to two of them. Both infringe on Fourth and Fifth Amendment rights, one by a little, the other by obliterating them altogether.

In her efforts to have the Senate expand the two current watch lists — the no-fly list and the terror watch list — to prohibit anyone on either list from being able to purchase a firearm, California Democrat Senator Dianne Feinstein is presenting her “Denying Firearms and Explosives to Dangerous Terrorists Act,” which would

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Is Fifth Amendment in Jeopardy as Trump and NRA Discuss No-Fly, No-Buy Watchlist?

Saturday, 18 June 2016 05:51

This article appeared online at TheNewAmerican.com on Friday, June 17, 2016:

NRA Headquarters, Fairfax Virginia USA

NRA Headquarters, Fairfax Virginia

On Wednesday Donald Trump tweeted that he would shortly be meeting with top officials at the National Rifle Association (NRA) “about not allowing people on the terrorist watch list, or the no-fly list, to buy guns.” The NRA cordially responded, but with a warning:

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Trump, the Constitutionalist?

Saturday, 18 June 2016 05:39

This article was published by The McAlvany Intelligence Advisor on Friday, June 17, 2016:

StudioEIS National Constitution Center

National Constitution Center

Missing from Donald Trump’s many public pronouncements and offerings is any clear understanding of the limitations, restrictions and “chains” of restraint placed on the federal government by the republic’s founders. In his business life he is certainly acquainted with at least one part of the Fifth Amendment: “no person’s private property [shall] be taken for public use, without just compensation.” He used that to wrest a private home from its owner simply because it was in the way of the parking lot of one of his casinos.

As for the other part, equally obscure but increasingly threatened by a government no longer bound by those chains, Trump may be ignorant:

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What is the Definition of Tyranny? Ask the Bureaucrats in the Social Security Administration

Tuesday, 14 June 2016 04:27

This article was published by The McAlvany Intelligence Advisor on Monday, June 13, 2016:

Embed from Getty Images

The Founders, the beneficiaries of a classical education that far exceeds that present in the United States, knew the enemy of freedom intimately. George Washington said that “Government is not reason. It is not eloquence. It is force. Like fire, it is both a dangerous servant and a fearful master.” Thomas Jefferson expressed it differently:

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Obama and the New York Times Work to Increase Crime in the United States

Tuesday, 08 December 2015 06:41

This article was published by The McAlvany Intelligence Advisor on Monday, December 7, 2015:

View image | gettyimages.com

Mark Perry of the American Enterprise Institute (AEI) reviewed the latest data from the Centers for Disease Control (CDC) and discovered that, contrary to views perpetrated by the likes of President Obama and the New York Times, gun violence in the United States is continuing to decline sharply as gun ownership increases. In 1993 there were seven firearm-related homicides for every 100,000 Americans, but by 2013 that had fallen by 50 percent,

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Anti-gun Democrats Push to Remove Constitutional Rights From “Suspected” Terrorists

Thursday, 26 November 2015 06:32

This article appeared online at TheNewAmerican.com on Wednesday, November 25, 2015:

Dianne Feinstein, member of the United States ...

Dianne Feinstein

Seeking once again to take advantage of an opportunity, anti-gun Democrats are using the horrific massacre in Paris to revive a moribund bill by Senator Dianne Feinstein (D-Calif.) to remove precious rights from anyone on the government’s “no-fly” or “terrorist watch list.”

Senate Bill 551, offered back in February, was dead on arrival, but

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Justice Department Declares Lois Lerner Innocent in IRS Targeting Scandal

Wednesday, 28 October 2015 04:31

This article appeared online at TheNewAmerican.com on Monday, October 25, 2015:

View image | gettyimages.com

On Friday, in a letter to the chairman and the ranking member of the House Committee on the Judiciary, Peter Kadzik, the assistant attorney general of the Justice Department, let Lois Lerner (shown) off the hook:

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Eminent Domain in Connecticut: Homeowners Fight to Keep Homes

Thursday, 17 September 2015 07:16

This article appeared online at TheNewAmerican.com on Thursday, September 17, 2015:

Ten years ago, and 50 miles west of West Haven, Connecticut, the owner of a little pink house refused to give up her home to the claims of eminent domain, and her lawsuit went all the way to the Supreme Court: [Susette] Kelo v. City of New London. She lost her case.

Now, if Janet Rodriguez doesn’t come to terms with the city or the developers who want to put up a huge mall where she lives in West Haven, Connecticut, the Supreme Court just might have another chance to change its mind, and its ruling, in the Kelo case.

Janet didn’t even know her home was in the way of the proposed development until

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Suzette Kelo, Vera Coking and Donald Trump

Friday, 28 August 2015 08:15

This article was published by The McAlvany Intelligence Advisor on Friday, August 28, 2015:

View image | gettyimages.com

It’s likely that neither Suzette Kelo nor Vera Coking ever met Donald Trump, but they certainly know how he operates. Eminent domain, under the Fifth Amendment, says that “no person shall be … deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.” Suzette lost her property, and Vera nearly did, by developers seizing on that malleable and flexible language and turning it into a tool of thuggery, using government agents instead of bandits, to forcibly remove owners from their privately owned homes and land.

A developer in New London, Connecticut, used a government-created entity to declare that Kelo’s property was condemned in favor of a

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Trump’s Use of Eminent Domain to Take What He Wants

Friday, 28 August 2015 05:40

This article appeared online at TheNewAmerican.com on Thursday, August 27, 2015:

View image | gettyimages.com

With Donald Trump’s political star now ascendant, his past is being more carefully examined for clues to potential future behavior if he is elected president in 2016. That examination is turning up a seedy side of Trump’s success in building his empire: his determined, deliberate, and continued use of the Fifth Amendment’s eminent domain clause, along with the help of local authorities, to steal private property at substantial discounts for his own use.

The relevant language from the amendment is clear, or should be:

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