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: Fourteenth Amendment

Requiem for a Courageous Everyman

20120429 - yardsale booty - Second Amendment s...

20120429 – yardsale booty – Second Amendment sign – IMG_4099 (Photo credit: Rev. Xanatos Satanicos Bombasticos (ClintJCL))

This article was first published at The McAlvany Intelligence Advisor on Monday, April 7, 2014: 

Few knew Otis McDonald. Fewer still knew how he became the lead plaintiff in the historical Second Amendment lawsuit McDonald v. Chicago, decided by the Supreme Court in 2010. With his passing from this life last Friday, one thing is certain:

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Otis McDonald, lead Plaintiff in McDonald v Chicago, passes at age 79

English: From top left: Downtown Chicago, the ...

English: From top left: Downtown Chicago, the Willis Tower, the Chicago Theater, the Chicago “L”, Navy Pier, the Field Museum, and Millenium Park (Photo credit: Wikipedia)

Otis McDonald, a long-time Chicago resident and the lead plaintiff in McDonald v. Chicago, passed away on Friday, April 4. He was 79. It’s likely that he didn’t fully appreciate the impact the decision made by the Supreme Court in 2010 would have in the freedom fight in America. What is clear is that impact will continue to be felt for years to come.

Within two years of that decision, the Seventh Circuit Court of Appeals ruled

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Why is Wyoming Suing New Jersey?

This article was first published by The McAlvany Intelligence Advisor on Wednesday, March 12, 2014:

Why would Wyoming’s attorney general join with 18 other states’ attorneys general in asking the Supreme Court to review an obscure lawsuit in New Jersey? Part of the answer is the stark difference between the states in how they treat their citizens when it comes to rights

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The NRA, 19 States, 34 Congressmen sue New Jersey over its gun laws

On February 12, 2014, the National Rifle Association (NRA), 19 states and 34 members of the House of Representatives asked the Supreme Court to review a New Jersey court’s decision restricting Second Amendment rights of its citizens. Leading the requests is Attorney General of Wyoming, Peter Michael, who sees the danger in letting the decision by the 3rd District Court in New Jersey stand: it could require that every other state

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Appeal Filed in Court Decision Upholding Connecticut’s Gun Ban

When Rich Burgess, president of the pro-gun group Connecticut Carry, sent a memo on Monday to his membership, he said that Connecticut state officials “now look down the barrel of the laws that they created, and it is very probable that they now tremble as they rethink the extremity of their folly. Connecticut Carry calls on every official, every Senator, and every Representative, to make the singular decision: either enforce the law

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NYPD Surveillance of Muslims OK, Says Judge

This article first appeared at The McAlvany Intelligence Advisor on Monday, March 3, 2014: 

When New Jersey District Judge William Martini threw out the complaint by some Muslims that New York City’s police department’s 10 years of surveillance had caused them economic pain and personal suffering, he used the “standing” argument: They didn’t have standing to bring the complaint in the first place. For standing to exist, the Muslims

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Judge Throws out Muslim Lawsuit Against NYPD over Surveillance Program

A New Jersey district judge threw out the complaint by some Muslims in New Jersey that the surveillance program operated by the New York City police department since 9/11 was illegal and had been causing them pain, suffering, and economic loss. In a bizarre ruling the judge concluded that

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Truth and Logic from a Surprising Place

This article first appeared at The McAlvany Intelligence Advisor on Monday, February 17, 2014:

It’s a little early to celebrate but the decision announced on Thursday by the most liberal circuit court in the country is no doubt encouraging. However, the conclusion by a hyperventilating writer at Human Events was excessively optimistic:

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Liberal Ninth Circuit Court Decision Strengthens the Second Amendment!

The decision rendered by the Ninth Circuit Court of Appeals last Thursday resulted in gasps of dismay from gun control advocates and cheers of delight from Second Amendment supporters. In writing for the 2-1 majority in the case of Peruta v. County of San Diego, Judge Diarmuid O’Scannlain, in his 70-page opinion said:

We are called upon to decide whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense….

Because the Second Amendment has always been an individual right to defend oneself … states may not destroy the right to bear arms in public under the guise of regulating it.

At issue was the requirement,

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Supreme Court hears forced unionism case brought by Illinois mother

When Pam Harris responded to a knock on her door on a Sunday morning back in 2009, she was surprised at the presence of a union organizer asking her to join his union. When she pressed him for details she learned that because she was accepting state Medicaid funds to help care for her disabled son she was now considered a state “employee” for union-organizing purposes and was required to join his union.

Harris said no thanks and began

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U S District Court Rules that Colorado Sheriffs Lack Standing to Sue in Gun Lawsuit

The lawsuit brought back in May by 54 Colorado county sheriffs and 21 other parties complained that two recent laws enacted by the Colorado legislature violated the Second and Fourteenth Amendments. Without ruling on those complaints, Chief Judge Marcia Kreiger of the U.S. District Court of Colorado said that the sheriffs lacked

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The Supreme Court’s Docket is Full of Cases that could Endanger Liberty

This article first appeared at The McAlvany Intelligence Advisor on Wednesday, October 9th, 2013:

The potential for liberty’s shrinkage during the Supreme Court’s session that began on Monday is significant, with some exceptions. The cases on the docket range all across the spectrum:

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Supreme Court’s Docket Full of Potential Mischief

As the Supreme Court opens its review of pending cases this week, there is substantial risk of constitutional mischief in many of them. The court will be ruling on

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District Court Judge Rules New York City’s “stop and frisk” policy is unconstitutional

In District Court Judge Shira Scheindlin’s ruling in Floyd v. The City of New York on Monday, there was both good news and bad news. The good news is that Mayor Michael Bloomberg’s policy, with the enthusiastic cooperation of his police commissioner Ray Kelly, violates both the Fourth and the Fourteenth Amendments to the United States Constitution. The bad news is that,

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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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Borderline insanity: teacher suspended for showing his student a box of garden tools

This should get you going. If you are homeschooling your kids this will give you comfort. A 17-year veteran teacher in a public school in Chicago (where else?) was suspended for four days without pay because he brought to school a box full of garden tools to show his kids which contained, among other items,

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Colorado Sheriffs to File Lawsuit Against State’s New Gun Laws

37 of Colorado’s 62 county sheriffs are in the process of filing a lawsuit to block implementation and enforcement of the state’s new gun laws which are scheduled to go into effect on July 1st. Weld County Sheriff John Cooke is the de facto spokesman for the plaintiffs who will claim that the new laws violate the Constitution’s Second and Fourteenth Amendments.

However, the County Sheriffs of Colorado will not be joining Cooke as a plaintiff, according to Executive Director Chris Olson: “The Board of Directors made a decision that this was not something that the association should join in.” This decision was made despite its publication of a position paper posted during the debates opposing most of the new gun laws. According to that paper,

We believe the Second Amendment is no less important [than] the other nine Amendments contained in the Bill of Rights.

The paper opposed a ban on so-called “assault weapons,” on any person’s right to sell privately firearms to another person, any limitation on magazine capacity or a state-wide database for concealed carry permit holders. It urged legislators to go slow in enacting new laws following the shooting in Newtown, Connecticut: “We urge our elected state elected officials not to make decisions during this grieving period because it would likely lead to policies that are unenforceable and possibly unconstitutional, while punished law-abiding citizens and doing nothing to reduce violent crime.”

A glimpse into the possible arguments to be brought to light in the lawsuit was provided by Dave Kopel, the lawyer likely to direct the prosecution. Kopel, an adjunct professor of advanced constitutional law at Denver University and research director at Denver’s Independence Institute, in an article in National Review on April 5th, entitled “Turning Gun Owners into Felons.” Although directed to efforts to blunt federal efforts to pass universal background checks, Kopel’s arguments might just appear in the Colorado lawsuit. Wrote Kopel:

 [The legislation being considered in Congress] would turn almost every gun owner into a felon … the language under consideration applies not only to sales but also to “transfers” which are defined to include innocent activities such as letting your spouse borrow your gun for a few hours.

Kopel paints a picture of a woman who bought a rifle when she was 25 years old. Looking back years later, she remembers times when she loaned the gun to a friend, or took it over to a neighbor’s house because he wanted to learn more about guns, or when she took it on a camping trip and let her niece do some plinking with it. She remembers teaching a class to some young people on gun safety and bringing the rifle to class to let her students become familiar with it. She remembers her time as a Boy Scout den mother when she taught the boys how to handle and shoot the rifle. As Kopel writes:

Every one of [these] activities would be a federal felony, subject to precisely the same punishment a person would receive if [she] had knowingly sold a firearm to a convicted felon.

This is not “gun control” in the constitutionally legitimate sense: reasonable laws that protect public safety without interfering with the responsible ownership and use of firearms.

It is likely that Kopel will invoke the Heller case as well as the McDonald case which extended the rights guaranteed in the Second Amendment to individual citizens living in the several states. It isn’t clear whether the lawsuit will be filed in state court or in federal court. What is clear is that this will be a long journey beginning with the first step: the Colorado sheriffs protesting by legal means the unconstitutional incursion of the state legislature into Colorado citizens’ rights to keep and bear arms.

 

 

 

 

 

 

Courts and Dept of Justice Agree: Videotaping Police is OK

March 3, 1991: Rodney King being beaten by LAP...

Ken Paulsen, president and CEO of the First Amendment Centerwrote in USA Today that “just as police officers use technology to watch citizens, including patrol car cameras, traffic light cameras and radar to track speeding, the public [also] has a right to monitor the work of officers on the public payroll.”

Perhaps the most memorable and life-altering event in the history of citizens recording police behavior was that moment on the evening of March 3, 1991, when George Halliday, using his Sony video recorder, taped the beating of Rodney King in Los Angeles. By the time the dust had settled, two of the four officers charged in the beating were found guilty, 53 people were dead, 2,383 people were injured, more than 7,000 fires had been set, 3,100 business establishments had been damaged or destroyed, $1 billion in losses had been sustained, and police behavior was permanently altered.

As Joel Rubin noted in his article commemorating the 20th anniversary of the Rodney King incident in the Los Angeles Times

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Is the Debt Ceiling Unconstitutional?

Charles Evans Hughes (1862 - 1948), lawyer and...

Image via Wikipedia

If the current debt ceiling negotiations fail in time to avoid the drop-dead default date of August 2, liberal law professor Garrett Epps has the answer for President Obama: Ignore the ceiling and keep on spending.

He even has a speech for the President ready to go:

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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 © 2020 Bob Adelmann