Tag Archive for unconstitutional

Constitutional Win for Gun Rights in the District of Columbia

In a rare win, residents of the District of Columbia won a court ruling against the District’s draconian gun laws.  In short, U.S. District Judge Richard J. Leon ruled that a key provision of the current law was likely unconstitutional.  Specifically, the Judge found that requiring a citizen to show “good reason” to exercise a constitutional right violates the essence of a “right.”  In respect to the Second Amendment, like all others, there is no burden upon the citizen to show the “need” to exercise and enjoy such rights.  As such, the District’s requirement for citizens to show grounds to obtain a carry permit based on the government’s criteria is unconstitutional.

This ruling is sure to be appealed; however, it has strong implications across the nation where other such laws have been upheld.  Judge Leon was absolutely correct in striking down this provision and re-establishing what a “right” is supposed to be.  Hopefully, this ruling will be used to bring suit against other currently standing laws and overturn them in communist states such as Maryland and New York.  The Bill of Rights exists to specifically limit the government’s powers.  Neither the Second Amendment nor any other “right” requires the “permission” of the government to exercise.  Can you imagine having to first get the government’s permission based on very limited criteria, to openly discuss your opinion on a political subject or to attend church?  Any legal deviation toward government gatekeeping of the free exercise of rights is exceedingly dangerous and opens a direct precedent for undermining the very essence of the rule of law derived from the Constitution and the powers and authorities it explicitly gives and limits to the federal government.  Today, Judge Leon is celebrated as a hero for defying his political masters and standing up for the rights of citizens.

By Guiles Hendrik

May 17, 2016

 

More reading:  https://www.washingtonpost.com/local/public-safety/us-judge-strikes-down-dc-concealed-carry-gun-law-as-likely-unconstitutional/2016/05/17/d36d35dc-1c49-11e6-8c7b-6931e66333e7_story.html

Global Updates: May 29, 2015

-Seismic activity has markedly increased globally over the last few months and 2015 may prove to be an above average year.  Major quakes have struck the Pacific Ring to include the disastrous quake in Nepal.  Just yesterday evening a large quake struck northern Alaska.  Further and I believe most likely related, volcanic activity is spiking globally.   Just this week a volcano in Southern Japan literally exploded while volcanoes from Chile to Hawaii are again spewing lava and ash.  These events tend to go in cycles as fault lines unzip and pressure is released.  One can reasonable expect more events in the coming months and should be on high alert if they live near/on a fault line, near an active volcano, or along a coast vulnerable to tsunamis.  Further, sustained volcanic activity will affect weather patterns and could lead to cooler than normal temperatures for months after the eruption.  Currently, this is not an issue, but if other major eruptions occur this year and are sustained, this will certainly alter the Earth’s weather because the ash gets swept up into the high atmosphere where it spreads globally and reflects sunlight.

http://www.volcanodiscovery.com/erupting_volcanoes.html

http://earthquake.usgs.gov/earthquakes/

http://www.livescience.com/46576-more-earthquakes-still-random-process.html

-ISIL still holds Ramadi contrary to US Secretary of State John Kerry’s stupid predictions last week.   ISIL has now likely outmaneuvered the Iraqi counter attack claiming to have encircled “on 3 sides” the terrorist army.  I am not sure how that translates to “encircled,” but whether or not there was a problem with the Arabic translation, in plain English that means ISIL has a flank wide open to reinforce or retreat through and they likely exploited this gap.  The fact that we haven’t seen an outright retreat of ISIL from Ramadi, which the Iraqi government would quickly publicize, tells you everything you need to know about the facts on the ground.  Further, as the Iraqi Army bears down on Ramadi, ISIL will no doubt maneuver its main element to attack where the Iraqi Army is not in strength.  I would rate it highly likely that Fallujah, Hit, and areas of Baghdad will be attacked whether or not ISIL conducts a tactical withdrawal from Ramadi.  This tactic has already demonstrated it is effective against the slow and unwieldy government forces.  It wears them down, attrits their forces, and demoralizes the government.  The war will only intensify and if ISIL is not dislodged from Ramadi within the next week, it will likely solidify and hold its gains making any future attempts to dislodge them extremely costly for the Iraqi military.

http://www.newindianexpress.com/world/Isil-Sends-Top-Cleric-to-Show-off-Control-over-Ramadi/2015/05/29/article2838802.ece

http://www.telegraph.co.uk/news/worldnews/middleeast/iraq/11639414/Isil-targets-Sunni-families-in-Ramadi-with-revenge-killings.html

http://www.thenational.ae/world/middle-east/15-killed-in-baghdad-hotel-bombings

-The US admits Obama’s ISL “strategy” is not working.  Reports also are trickling out of major dissent within the Pentagon.  Further, as predicted, airstrikes have proved of limited value and now the military is saying it needs to commit more troops.  I warned of this predictable escalation back to a full scale war in the Middle East.  Humility truly is a virtue so I take no please in saying once again, “I told you so.”  In fact, last year, I was so disgusted with even the mere use of the term “strategy,” that I wrote an entire piece blasting the Administration and its completely idiotic, non-strategy, that was predestined to failure.  If you truly want to understand why we are failing and Iraq and why it will only get worse as I verbatim described in my analysis, you need to read and share: http://www.blackboxwire.com/2014/10/11/islamic-extremism-and-what-lies-ahead-part-ii-the-war-on-isis-and-syria/.  You can then read the short follow-up to the above article at:

http://www.lastminutesurvival.com/2014/11/18/update-on-the-third-iraq-war-against-isilisisisaqsyriaetc/.

The five minutes you spend reading these two articles will serve as one of the best primers to understanding the escalating crisis in Iraq and the greater Middle East and why we are getting it wrong.  Rather than just calling out incompetents/incompetence in the government, I am going to simply name key individuals that have legitimate influence and ask them to take notes.  Perhaps 99% will never see the article or read it, but if even 1% takes the time to skim the article, progress is being made.  Today, I want to challenge @Phil_Gaskin, who most likely finds my anti-leftist statements blasphemy, but I want to give him the benefit of the doubt.  Perhaps he is the sole voice of reason in the Administration…I don’t know.  What I do know is he is smart enough to read my articles and understand that by adopting what I am recommending would save everyone a lot of heartache and inject some professionalism into what, to date, has been a never ending policy amateur hour of disaster after disaster.  So to you Phil Gaskin, I challenge you to have a sit down discussion about what a real ISIL strategy should be.

http://www.washingtontimes.com/news/2015/may/28/hillary-clinton-tied-think-tank-bashes-obamas-isis/?page=all

http://www.thedailybeast.com/articles/2015/05/29/team-obama-shrugs-at-isis-victories.html

http://www.washingtonpost.com/world/national-security/rift-widens-between-obama-us-military-over-strategy-to-fight-islamic-state/2014/09/18/ebdb422e-3f5c-11e4-b03f-de718edeb92f_story.html

-The draconian anti-“Patriot Act” is due to sunset this weekend.  Americans that still value their civil liberties would celebrate this law expiring, but have little optimism anything will change.  In fact, it is likely that President Obama will illegally continue the unconstitutional domestic spy programs with or without faux legal authority.  Not only is this extremely hypocritical of a president that ran on returning our civil liberties and ending the spy state, but it will prove just how lawless our nation has become.  Even after the courts and anyone with basic sense determined that what the Patriot Act was being used to justify was utterly unconstitutional; (Specifically, total collection of electronic records without probable cause or a search warrant.) power hungry and/or bought politicians still are trying to make a case for why this law is needed.  I would immediately point out to anyone to be on guard for the “all or nothing” spin.  The Administration is trying to scare people into believing if the illegal data collection is stopped, we will suddenly become vulnerable.  This is absurd.  First of all, NSA’s domestic collection has to date stopped zero terrorists.  Second, if the Administration was actually worried about US security, they would immediately stop importing Muslims to the US from around the world and particularly, from places like Somalia where everyone and their brother seems to be connected to Al Shabaab.  Finally, NSA will continue to operate in its legitimate mission to protect Americans by returning to foreign collection.  It isn’t as if NSA will cease to function and not have a job if they are no longer targeting Americans.  In fact, they may actually become more effective, efficient, and actually gain some victories over foreign enemies of the state.

Raub Denied Rights: Justice Department Sends Chilling Message Regarding 1st Amendment

We are the government. We are here to help.

The case of Brandom Raub has all of the trappings of the FBI overstepping its authorities and acting impulsively.  Raub’s detainment may be the first publicized detention under the un-constitutional National Defense Authorization Act.  The NDAA allowed for the scrapping of your constitutional rights and was quickly passed by your elected officials in Congress and signed by President Obama.

On August 16th, Raub was “arrested” after government agents swarmed his residence as if he was a terrorist mastermind with blood on his hands.  His crime?  Well apparently, since he has been detained without charge, there is none.  However, government statements make it clear that Raub’s exercise of his First Amendment rights led to him being labeled with the now all encompassing term “terrorist.”  Apparently, Raub’s “crime” was posting statements on Facebook that criticized the government and its actions.  Raub is currently being held without charge and against his will for psychological evaluation.

Examining the situation admittedly from what media releases are available, there are numerous disturbing issues at hand.  First, the government conducting unwarranted domestic surveillance of the internet is not new, but still just as abrasive to American ideas of liberty and at the least challenges the present validity of Fourth Amendment protections in today’s America.

Second, Raub appears to have not engaged in any illegal “acts” and instead was swept up in an on-going federal pogrom of intimidation to eliminate all government dissent.  This sends a chilling message about the current status of Americans’ First Amendment rights and is something you would expect to see in Soviet Russia vice the U.S.

Third Raub was taken and detained against his will without charge.  Although, government agents are stating he wasn’t “arrested,” one must wonder what then was the purpose.  Is the government now allowed to send armed SWAT teams into the homes of anyone that doesn’t openly bow to government edicts and declare them insane and psychologically unfit?  This scary pattern follows previous LMS reporting on how the government is now using mental health professionals of its choosing to condemn, disarm, and lock away lawful dissidents.  LMS specifically highlighted this action against veterans suffering from PTSD and how the Veteran’s Administration secretly directed care providers to use the police to disarm them.  This is an extremely slippery slope and should be challenged immediately and broadly in court.  What we are dealing with is a subversion of due process and establishing a parallel prosecution by highly subjective opinions of government hired social workers.  Using someone’s “protected” speech and views to condemn them as a terrorist and then detaining them indefinitely without charge is truly chilling.

The idea that a government psychologist can condemn one for their views without due process is abhorrent to American liberties.  As bad, is how loosely the still undefined definition of terrorism is being secretly interpreted and used by the government.  According to the Senate Intelligence Committee, the American public would be outraged if they knew how it was actually being employed and goes far beyond anything a healthy nation should consider constitutional.  LMS has warned for over a decade how the government would use the overly broad definition of terrorism to eventually encompass anyone that challenged the legitimacy of even the most illegal of government activities.  Post 9/11, “terrorist” seemed fine to throw around because it was taken to mean Al Qaeda Islamic extremists.  Since then, this term has been perverted by the Department of Homeland Security and political leaders to the point it is being applied to gun owning veterans returning from combat or anyone that doesn’t support tax increases.

If the above doesn’t evoke nausea, you need to sit down and really consider what is going on in our great nation.  How long will it be before something you believe in, cherish, hold dear, or seek to change is deemed hostile to the government?  You may indeed be law-abiding or not speak without prior government approval, but that isn’t enough.  Whether a Republican, Democrat, Independent, it doesn’t matter.  Soon enough, if this trend is not arrested and held to legal account, you too may be rounded up in the night by the Gestapo and indefinitely detained as a terrorist.  For you Republicans, imagine how your views will be interpreted by another four years of Obama? Yes, your conservative, less taxation, anti-abortion, pro-gun beliefs will brand you a terrorist.  For you Democrats, now imagine if Romney is elected and what your world will be like.  Try to “occupy” anything, protest a new nuclear plant, or rally against another needless war in the Middle East and you too will find yourself being indefinitely detained.  Everyone must understand this is not about you “doing anything wrong.”  It is about total state control.  Americans, this is not a partisan issue.  This is an American crisis that we must muster all of our combined efforts to reject.

Finally, the local, state, and federal law enforcement that took part in this raid need to police your own ranks, uphold the rights you are sworn to protect, and speak out.  Shame on you for “just doing your job.”  You have a sworn duty and trust to protect freedoms, liberties, and uphold the Constitution not destroy them.  Sometimes that means people we may not like or agree with walk free, but the alternative is utterly repulsive.  Your allegiance is not to the department or to this government, it is to the people.  Refuse to handle these bogus investigations and illegal detainments.  You too are not immune to this trend.  You, your family, your neighbors, your friends, and your nation will all suffer from your failure to resist the continuously expanding powers of the state.  Please respect the legal framework that made this country free.

Everyone needs to do everything they can, whether as a cop, a judge, a lawyer, a voter, a news reporter, or even a student.  If you are wealthy, pay for his legal defense.  If you are a lawyer, pitch in pro bono for the legal defense.  If you are in news, make it the front page headline.  We must loudly protest this and demand Raub’s immediate freedom.  That is not enough though, Americans must bring legal suit against those that allowed this and file motions to ensure the rule of Constitutional law is upheld.  Lawmakers that don’t push to hold government agencies accountable and protect our rights must be removed from office at the ballot box and if the Democrats and Republicans don’t get on board, voters need to leave them en mass and vote for an Independent party candidate like Gary Johnson.  Virginians should also be writing Ken Cuccinelli, their state attorney general and demanding that this never be allowed to happen on the Commonwealth’s soil again.  We can not survive long as a free nation if we silently accept these acts. You must accept individual responsibility and take action now, while you still can.

 

Zero Hedge nails it and breaks down the bogus use of psych screening for government agendas.

http://www.zerohedge.com/contributed/2012-08-21/former-marine-indefinitely-detained-psychiatric-ward-over-911-facebook-posts?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+zerohedge%2Ffeed+%28zero+hedge+-+on+a+long+enough+timeline%2C+the+survival+rate+for+everyone+drops+to+zero%29

A statement from Raub’s apparent legal representation:

https://www.rutherford.org/publications_resources/on_the_front_lines/rutherford_institute_defends_marine_arrested_incarcerated_in_psych_ward_det