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Posts Tagged ‘U.S. Constitution’

H.J.res. 62. Amending the Constitution to end states rights?

May 19, 2011 Comments off

ppjg.wordpress.com

H. J. Res. 62, Proposing an amendment to the Constitution of the United States to give States the right to repeal Federal laws and regulations when ratified by the Legislatures of two thirds of the several States

Sounds like a great deal..right?  Wrong!  The states already have the right to repeal Federal laws and regulations.  It is called nullification under the 10th Amendment.

Or, states can refuse to contract with the Federal government or any of its privately owned corporate agencies thereby refusing the contract and any of its provisions (regulations or laws).

Secondary to this action, is the refusal to accept any federal funding offered to implement what is usually a series of laws or regulations, (these being written by unelected bureaucrats, lobbyists and other interested stakeholders), meant to deprive you of your rights, intrude on your privacy, interfere with your right to engage in business and otherwise reduce and abrogate your constitutionally protected freedoms.

Article 5 

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Any amendments to the Constitution must be ratified by the legislatures of three/fourths of the states.  Congress, neither House nor Senate, has the authority to alter or amend anything in the Constitution in and of their respective bodies.

So what are they after? Read more…

Supreme Court allows warrantless drug search in Kentucky case

May 18, 2011 1 comment

 Examiner

The United States Supreme Court handed down a decision today that will profoundly affect the way police search for drugs.  In reviewing a case out of Lexington, Kentucky, the Court—in an eight to one decision—ruled that “exigent circumstances” are created when police reasonably believe a suspect is in the process of destroying evidence, and therefore a search warrant is not constitutionally required.

In the case of Commonwealth of Kentucky vs. Hollis DeShaun King, the Lexington police conducted a “buy bust” raid on October 13, 2005, at an apartment on Center Parkway.  Officers followed a suspected drug dealer to the apartment complex, and testified that they smelled marijuana outside an apartment door, knocked loudly, and announced their presence. As soon as the officers began knocking, they heard noises coming from Read more…

Feds to Supreme Court: Allow Warrantless GPS Monitoring

April 22, 2011 Comments off

wired.com

The Obama administration is urging the Supreme Court to allow the government, without a court warrant, to affix GPS devices on suspects’ vehicles to track their every move.

The Justice Department, saying “a person has no reasonable expectation of privacy in his movements (.pdf) from one place to another,” is demanding the justices undo a lower court decision that reversed the conviction and life sentence of a cocaine dealer whose vehicle was tracked via GPS for a month without a court warrant.

The petition, if accepted by the justices, arguably would make it the biggest Fourth Amendment case in a decade — one weighing the collision of Read more…

Arizona to secede (without OFFICIALLY doing so)

February 4, 2011 Comments off

E.J. Montini

Members of the state Legislature, including Arizona’s de facto governor, Senate President Russell Pearce, have introduced a bill that essentially would have Arizona secede from the union without having to do so officially.

Really.

It’s called SB1433, (See it here.) It creates a 12-member committee within the legislature that could “vote by simple majority to nullify in its entirety a specific federal law or regulation that is outside the scope of the powers delegated by the people to the federal government…”

Committee members themselves would decide this, then pass along their recommendation to the full Legislature. If, in turn, a majority of state lawmakers go along with the committee then, according to the bill, “this state and its citizens shall not recognize or be obligated to live under the statute, mandate or executive order.”

The nullification committee also would be permitted to Read more…