Tag Archives: law

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

Thursday, 06 July 2017 05:12

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

Embed from Getty Images

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:

Keep Reading…

Supreme Court Again Refuses to Settle Second Amendment Issue

Wednesday, 28 June 2017 05:34

This article appeared online at TheNewAmerican.com on Tuesday, June 27, 2017:

English: Ruth Bader Ginsburg, Associate Justic...

Ruth Bader Ginsburg, the oldest member on the court.

By refusing to consider Peruta v. San Diego on appeal on Monday, the Supreme Court once again sidestepped an opportunity to clarify the Second Amendment issue of carrying a firearm outside the home. That issue has remained open since the court’s decisions in Heller and McDonald, dating back to 2008 and 2010, respectively. Those cases didn’t clarify whether the right guaranteed in the Second Amendment extends to public places, and anti-gun states such as California have rushed in with state laws that virtually prohibit the exercise of rights guaranteed by that amendment.

That was the problem faced by Edward Peruta back in 2009.

Keep Reading…

Another Kansas Professor Leaves Over Campus Carry Law

Wednesday, 14 June 2017 05:35

This article appeared online at TheNewAmerican.com on Tuesday, June 13, 2017:

Embed from Getty Images

Deborah Ballard-Reisch, serving as the Kansas Health Foundation’s distinguished chair in strategic communication at Wichita State University (WSU) for the last 10 years, resigned last week. In her letter to WSU’s President John Bardo, she said she’s retiring because “the climate in Kansas [is] more and more regressive, repressive, and in opposition to the values of higher education,” adding:

Keep Reading…

John Lott Proves His Premise is Correct Once Again

Saturday, 06 May 2017 05:33

This article was published by The McAlvany Intelligence Advisor on Friday, May 5, 2017:

Embed from Getty Images

The premise of John Lott’s book, More Guns, Less Crime, now in its 3^rd edition, is this: when a criminal doesn’t know if his potential target is armed, he reconsiders. When he is assured that his target is defenseless, he has much less reason to do so.

Lott puts it this way:

Criminals as a group tend to behave rationally – when crime becomes more [risky], less crime is committed.

That means that

Keep Reading…

Have the Environmentalists Stooped to this Level?

Thursday, 04 May 2017 05:40

This article was published by The McAlvany Intelligence Advisor on Wednesday, May 3, 2017:

Embed from Getty Images

When the final tally of the costs of cleaning up after the so-called “environmentalists” protesting the Dakota Access pipeline was completed, North Dakota Governor Doug Burgum asked for federal help. The tally? $38 million! This included not only overtime for the overworked Morton County Sheriff Kyle Kirchmeier and his deputies, but private security people from outside the state brought in to help them. It didn’t include the thousands of dollars incurred by the owners of the local Comfort Inn in Cannonball after their Good Samaritan efforts – offering free rooms to those protesters caught in the cold – were rewarded by their “guests” trashing them.

But it did include the bill from an environmental cleanup and fumigation company from Florida brought in to remove thousands of tons of unspeakably vile trash the protesters left behind. This writer now refuses to grace those thugs and criminals with the appellations “environmentalists” or even “hypocrites.”

In his request to President Trump, Burgum said:

Keep Reading…

Senator Ted Cruz Introduces Bill to Have Drug Lord El Chapo Pay for the Wall

Tuesday, 02 May 2017 05:41

This article appeared online at TheNewAmerican.com on Monday, May 1, 2017:

Embed from Getty Images

When Senator Ted Cruz (R-Texas) introduced his bill — the Ensuring Lawful Collection of Hidden Assets to Provide Order (EL CHAPO) Act — on Tuesday, he said the $14 billion seized from the Mexican drug lord would help build President Trump’s wall:

$14 billion dollars will go a long way toward building a wall that will keep Americans safe and hinder the illegal flow of drugs, weapons, and individuals across our southern border.

The money isn’t available just for the taking, added Cruz:

The U.S. government is currently seeking the criminal forfeiture of more than $14 billion in drug proceeds and profits from El Chapo, the former leader of the Sinaloa drug cartel who was recently extradited to the U.S. to face criminal prosecution for numerous alleged drug-related crimes, including conspiracy to commit murder and money laundering.

As part of the agreement between Mexico and U.S. authorities, El Chapo won’t face the death penalty, but his confiscated assets might be available if Cruz’s bill passes the Senate and the House, and is signed into law by the president. Confiscated assets such as these are usually directed to law enforcement efforts in the United States.

Cruz told Tucker Carlson on Fox News’s “Tucker Carlson Tonight” on Wednesday that it’s “only fitting” that drug money be used to build the wall:

Keep Reading…

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

Saturday, 29 April 2017 05:26

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

Embed from Getty Images

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

Keep Reading…

Illegal Immigration Down by Two-Thirds, Thanks to Tough Talk, Action

Thursday, 13 April 2017 05:34

This article was published by TheNewAmerican.com on Wednesday, April 12, 2017:

The latest report from the U.S. Customs and Border Protection agency shows the impact of words and actions on illegals seeking access to free benefits available to them just by crossing the nation’s southwest border. The number of individuals caught crossing that border in March — 16,600 — was a 30 percent decrease from February and a 64 percent decrease from the same month a year ago.

President Donald Trump’s campaign promises to build the “big, beautiful wall” as one of many efforts to stem illegal immigration flooding into the country from Mexico turned into actions when he began signing executive orders to start the process.

His attorney general, Jeff Sessions, expanded on Trump’s determination to stem the flow on Tuesday during a speech he made at Nogales, Arizona. He issued a memorandum to federal attorneys to ramp up their efforts to prosecute illegals, including those who harbor or assist them, with special priority given to those with criminal records and those who were previously deported. Sessions also instructed the Justice Department to pursue charges even for relatively minor infractions such as identity fraud, document theft, or forgery as well as fraudulent marriages arranged to obtain legal immigration status.

Sessions stated:

Keep Reading…

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

Friday, 07 April 2017 05:32

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.

Keep Reading…

Joliet, Illinois is About to Write a Very Large Check to Elijah Manuel

Tuesday, 04 April 2017 05:28

This article was published by The McAlvany Intelligence Advisor on Friday, March 31, 2017:

Interstate 80 bridge over the Des Plaines Rive...

Interstate 80 bridge over the Des Plaines River near Joliet, Illinois.

Joliet is a pleasant township of about 150,000 souls located on the Des Plaines River 40 miles southwest of Chicago. It describes itself as going through “a modern day renaissance” after having a near-death financial experience. Then-Mayor Tom Giarrante said three years ago this month:

I am proud to once again report that the State of the City continues to be … stable. As mayor, I will continue to work hard to keep Joliet financially sound by controlling our spending. It won’t be easy, and it won’t always be popular, but I will work to keep our checkbook balanced and we will not balance it by raising property taxes.

Three years earlier, the town had a $17 million deficit. It’s about to have another similar experience.

The Supreme Court last week paved the way. In Manuel v. City of Joliet, the court ruled unanimously that Elijah Manuel was free to bring a claim against the city based on Fourth Amendment violations conducted by Joliet police officers back in 2011. The opinion, written by Supreme Court Justice Elena Kagan, gave Manuel the go-ahead:

Keep Reading…

Supreme Court Unanimously Upholds Fourth Amendment in Illinois case

Friday, 31 March 2017 05:16

This article appeared online at TheNewAmerican.com on Thursday, March 30, 2017:

English: Elena Kagan, Associate Justice of the...

Elena Kagan, Associate Justice of the Supreme Court of the United States

The city of Joliet, Illinois, is about to find out just how costly its miscarriage of justice can be, now that the U.S. Supreme Court ruled unanimously last week that it cannot incarcerate an individual while he is awaiting trial, absent probable cause. Supreme Court Justice Elena Kagan was succinct in delivering the court’s opinion:

Keep Reading…

Florida Legislators File Dozens of Gun Bills, Most Expanding Gun Rights

Wednesday, 22 February 2017 06:59

This article appeared online at TheNewAmerican.com on Tuesday, February 21, 2017:

Topographic map of the State of Florida, USA (...

Topographic map of the State of Florida,

With about two dozen gun-related bills being filed ahead of next month’s 60-day legislative session scheduled to begin in Florida, the state continues to earn its nickname “The Gunshine State.” Most people would likely anticipate that those bills contain restrictions on gun ownership in light of the Pulse nightclub massacre in Orlando last June, the deadliest mass shooting in U.S. history. Instead, most of them promote increased gun freedom, with many likely to pass the Republican-controlled legislature and then move on to Republican Governor Rick Scott’s desk for signing.

Bills filed by Republicans would

Keep Reading…

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

Keep Reading…

Number of Former Sanctuary Cities Reversing Policy

Tuesday, 14 February 2017 07:10

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

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

Keep Reading…

Another Travel Ban: This One From IRS, for Back Taxes

Wednesday, 08 February 2017 06:22

This article appeared online at TheNewAmerican.com on Tuesday, February 7, 2017:

Embed from Getty Images

The Internal Revenue Service (IRS) has released its final details on just how it can revoke American citizens’ passports for being behind in paying their taxes. Effective Monday, February 6:

Keep Reading…

Kansas District Court Judge Throws Out State’s Second Amendment Protection Act

Friday, 03 February 2017 16:30

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

Embed from Getty Images

Two Kansans, Shane Cox and Jeremy Kettler, engaged in the purchase and sale of a silencer in October 2015, believing they were exempt from the 1934 National Firearms Act’s requirements to register it and pay a $200 tax. They relied on the state’s Second Amendment Protection Act (SAPA) which holds:

Keep Reading…

Why are ACLU Mandates on Chicago Police Never Mentioned as Cause of Violence?

Friday, 03 February 2017 16:09

This article was published by the McAlvany Intelligence Advisor on Friday, February 3, 2017:

Embed from Getty Images

When Garry McCarthy (shown) was Superintendent of the Chicago Police Department (CPD) in 2015, he knew that the mandates contained in the deal his department struck with the ACLU wouldn’t work in reducing crime. But, said McCarthy, “I acquiesced to it because, you know, I’m trying to work with them [and] they’re trying to work with us.”

Now that he’s no longer with the CPD, he’s free to speak his mind. In an interview with the New York Daily News in December, McCarthy said Chicago

Keep Reading…

Court Rules That Those Carrying Concealed Are Presumed to Be Dangerous

Monday, 30 January 2017 17:36

This article appeared online at TheNewAmerican.com on Monday, January 30, 2017:

The U.S. Court of Appeals for the Fourth Circuit (Maryland, North Carolina, South Carolina, Virginia, and West Virginia) ruled last week that an individual carrying concealed gives up essential Fourth Amendment rights under the presumption that since he is armed, he is also dangerous.

The ruling issued on Monday, January 23, United States v. Robinson, reversed an earlier decision by the court’s three-judge panel, claiming that the Supreme Court, in two relevant decisions, concluded that “armed and dangerous” meant “armed and therefore dangerous” rather than “armed” as a fact and “dangerous” based on reasonable judgments surrounding the case.

A tip received by Ransom, West Virginia, police on March 24, 2014 that a man was seen

Keep Reading…

Trump Aims “Name and Shame” Policy at Sanctuary Cities

Thursday, 26 January 2017 20:32

This article appeared online at TheNewAmerican.com on Thursday, January 26, 2017:

Embed from Getty Images

In his Executive Order “Enhancing Public Safety in the Interior of the United States” issued on Wednesday, President Donald Trump directed his Secretary of Homeland Security, John Kelly, on a weekly basis, to “make public a comprehensive list of criminal actions committed by aliens and any jurisdiction that ignored or otherwise failed to honor any detainers with respect to such aliens.”

At the moment such jurisdictions include nearly 300 so-called sanctuary cities harboring more than 2,000 known criminals residing illegally in the United States. The Washington Times called the move “Name and Shame” while Breitbart News is hopeful that

Keep Reading…

Baltimore PD Now Arm of the DOJ; Chicago to Follow

Tuesday, 17 January 2017 06:02

This article was published by The McAlvany Intelligence Advisor on Monday, January 16, 2017:

On Thursday, the Baltimore City Council assented to the final step in turning the Baltimore Police Department (BPD) into a de facto branch of the Department of Justice: it agreed to be bound by a “consent decree” – 227 pages of federal regulations, mandates, and rules that now control even the minutest behaviors of every employee of the BPD, from beat cop to the top.

The strategy begins with an “incident,”

Keep Reading…

Page 2 of 5

Previous
1
2
3
…
5
Next