jump to navigation

Sotomayor Is Proof That Elections Matter July 21, 2009

Posted by Daniel Downs in Barak Obama, Constitution, judicial activism, news, politics, racism, second amendment, Supreme Court, U.S. Senate.
add a comment

There are fundamental things which Americans should keep in mind throughout the confirmation hearings and subsequent vote on Sonia Sotomayor, President Obama’s first nominee to the United States Supreme Court.

First, our Constitution confers to the President the right to nominate for appointment to the federal courts whomever he desires to have as a federal judge, including justices to the Supreme Court. The choices of the President go well beyond the legal qualifications of those he nominates. Every nominee, especially nominees to the Supreme Court, gives a clear indication of where the President stands on key issues.

In the case of Judge Sotomayor, President Obama has indicated that he is for activist interpretations of the Constitution on gun rights, property rights, felon voting rights, abortion on demand and racial quotas in hiring.

How can one reach this conclusion? By simply reading Sotomayor’s opinions and what she has written and said in speeches.

Sotomayor has argued that the 2nd Amendment, which declares that the right to keep and bear arms shall not be infringed, does not apply to states. In Maloney v. Cuomo, she claimed that it is “settled law” that the 2nd Amendment only limits the restrictions that the federal government would seek to impose on individual gun rights. In other words, while the federal government is limited in what it can do on gun control, state and local governments can do whatever they want.

Based on that interpretation of the 2nd Amendment, you have to wonder whether Judge Sotomayor would agree with the Montana State Legislature’s resolution declaring that a firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or regulation.

In Didden v. Village of Port Arthur, Sotomayor’s views on the power of eminent domain go well beyond the 5th Amendment. In Didden, she claimed that use of the power of eminent domain to take private property and transfer it to a private enterprise was settled law.

While she has not participated in an abortion case ruling, Sotomayor is on record as saying that after Roe v. Wade, abortion is settled law.

In the case of Hayden v. Pataki, Sotomayor argued in her dissent that because minorities were a disproportionate percentage of those serving time for felony convictions, denying them voting privileges is an act of racial discrimination. On that basis, she argued that felons currently serving time should be allowed to vote. What Sotomayor seems to have missed is that criminals serving time were not convicted because of their race, they were convicted because they committed a crime.

And in the case that has received the most national attention, Ricci v. New Haven, Sotomayor attempted to impose a de facto legal basis for racial quotas in hiring and promotion practices. Frank Ricci and nine other firefighters employed by the city of New Haven, Connecticut were denied promotions that they had applied for because no blacks and only one Hispanic scored high enough on an exam to qualify for promotion. One of those firefighters that passed the test and was denied promotion was Ben Vargas who is Hispanic.

In his compelling testimony at Sotomayor’s confirmation hearing, Vargas told the members of the Senate Judiciary Committee that the focus should not be on his race, but on what he did “… to earn promotion to captain and how my own government and some courts responded to that. In short, they didn’t care.”

Vargas continued, “I was shocked when I was not rewarded for this hard work and sacrifice but actually penalized for it. I became not Ben Vargas, the fire lieutenant who proved himself qualified to be a captain, but a racial statistic.”

Apparently, President Obama’s idea of fairness is using the courts to turn dedicated people such as Ben Vargas into racial statistics because he nominated the judge that did that to Lt. Vargas and his fellow New Haven firemen.

The question now is: do members of the U.S. Senate support this position?

Just as the Constitution gives the President the power to nominate, it gives the U.S. Senate the responsibility to fully and publicly evaluate each nominee’s fitness for appointment as a federal judge before voting either for or against the nominee. In Sotomayor’s case, as with any federal judge or Supreme Court nominee, what Senators are expressing with their votes is their view on issues such as those above.

When the members of the U.S. Senate vote on the Sotomayor nomination, they will be establishing their beliefs about the rights of individuals to own firearms, property rights, voting rights for incarcerated felons, abortion on demand and racial quotas in hiring and promoting.

The President and the members of the Senate are not the only ones who have a responsibility in this process; voters share that responsibility in every election.

Sotomayor is proof that elections really do matter.

By Gary Palmer, president of the Alabama Policy Institute.

Constitution Party Passes 4 Resolutions at National Committee Meeting June 24, 2009

Posted by Daniel Downs in Bailout, Barak Obama, Constitution, Constitutional Party, economy, news, politics, Supreme Court.
Tags:
add a comment

During the June 11-13 National Committee meetings, Constitutional Party leaders passed four resolution relevant to current affairs in America. The four resolutions are as follows:

Against Confirmation of Supreme Court Nominee Sotomayor
Condemning Federal Bailouts of Private Industry
Honoring Alaskan Independence Party
Opposing Constitution Article V Convention

1st Resolution: The Constitutional Party opposes Judge Sotomayor nomination because she denies individuals the right to bear arm as stated in the 2nd Amendment to the Constitution. She favors statehood for Puerto Rico, which they believe will endanger America as an English language nation. She supports giving voting rights to convicted murderers who are still serving time in prison. She is comprehensively opposed to the death penalty for convicted first degree murderers. She has been a member of the National Council of La Raza, many of the leaders of which favor amnesty for illegal aliens and the return of the southwest United States to Mexico. She also favors racial and ethnic quotas in education and employment. These facts led Party leaders to urge the US Senate to reject confirmation of Sonia Sotomayor to be a justice of the Supreme Court of these United States.

2nd Resolution: Party leaders spoke not only for most members but also probably for most American citizens affected the government’s engineered economic crisis. They narrowed their points of criticism to the following six statements:

Whereas, “Bailouts” have increased the federal debt that will be handed down to subsequent generations; and

Whereas the “Bailouts” violate the Fifth Amendment’s Due Process Clause by allowing the federal government’s interference with a private contract; and

Whereas our Founders were emphatic that the public treasury should never become a public trough, and

Whereas, the Federal government is not granted the power to invest in and take over private industry; and

Whereas, industry “Bailouts” begun by Republican President George W. Bush and escalated by Democrat President Barrack Barack Obama, are unconstitutional and these presidents had no authority to fundamentally alter the relationship between the federal government and private businesses; and therefore be in it.

Resolved, that the Constitution Party strongly condemns such “Bailouts” of any and all private industry as they are completely unauthorized by, and in fact are, in violation of specific sections of the Constitution of the United States and further because they constitute a cruel and unfair tax on the posterity of our nation.

3rd Resolution: The Constitutional Party offers official congratulations to the Alaskan Independent Party for achieving 25 years of service to our liberty, constitutionally limited government, God-given individual rights, and tenth Amendment states rights.

4th Resolution: In this last resolution, the Constitutional Party calls on all Americans understand why an Article V convention mentioned in the U.S. Constitution opens the door to the recreating a completely different government under false pretenses by a few people.

Thirty-two states have called for an Article V Constitutional Convention, and of those, twelve have rescinded their call, leaving twenty states with open calls for a Convention.

The original Constitution Convention did not limit itself to the subject for which it was called. The American people have no assurance that a Constitutional Convention will safeguard the liberty and freedom that have been bequeathed to us by the Founding Fathers as a result of the Constitutional Convention of 1787. Consequently, a Constitutional Convention has the potential to undo the protections of our unalienable rights and limits on government defined by the Constitution and the Bill of Rights enumerated in the first 10 Amendments.

The Declaration of Independence and the Constitution of the United States have been our nation’s standard and title of liberty respectively for more than two centuries. The freedom and liberty of all Americans can and will continue to be maintained by adherence to the principles contained in them.

Therefore, the Constitution Party National Committee calls upon all Americans to defend the Constitution by opposing calls for a Constitutional Convention, and be it further. The Party calls upon citizens of the states that have approved and still have an open call for a Constitutional Convention to petition their state to rescind a call for a constitutional convention. Moreover, the Party calls upon all Americans to learn the principles contained in the Constitution and apply those principles and power, inherent in the people and reserved to States in the Ninth and Tenth Amendments, to safeguard our liberties.

This resolution shows us the importance of renewing and enforcing state sovereignty against politicians, special interests, and foreigners who constantly seek to diminish the rights of states and their citizens by enlarging the powers and so-called entitlements programs of federal government. Most federal legislation increasing government powers and spending are not passed by common consent of a majority of the people but by consent to mostly unaccountable party elites and their agendas. Not all voters either know or agree to every item of any party’s agenda. That is why a third or independent party and capable politicians are needed to break the stranglehold of party elites and their never-ending agendas and problems they ever repeat.

Source: http://www.constitutionparty.com/news.php?aid=975

545 PEOPLE March 26, 2009

Posted by Daniel Downs in Congress, Constitution, deficit spending, economy, federal budget, monetary policy, politics, presidents, Supreme Court.
add a comment

Politicians are the only people in the world who create problems and then campaign against them.

Have you ever wondered, if both the Democrats and the Republicans are against deficits, WHY do we have deficits?

Have you ever wondered, if all the politicians are against inflation and high taxes, WHY do we have inflation and high taxes?

You and I don’t propose a federal budget. The president does.

You and I don’t have the Constitutional authority to vote on appropriations. The House of Representatives does.

You and I don’t write the tax code, Congress does.

You and I don’t set fiscal policy, Congress does.

You and I don’t control monetary policy, the Federal Reserve Bank does.

One hundred senators, 435 congressmen, one president, and nine Supreme Court justices 545 human beings out of the 300 million are directly, legally, morally, and individually responsible for the domestic problems that plague this country.

I excluded the members of the Federal Reserve Board because that problem was created by the Congress. In 1913, Congress delegated its Constitutional duty to provide a sound currency to a federally chartered, but private, central bank.

I excluded all the special interests and lobbyists for a sound reason. They have no legal authority. They have no ability to coerce a senator, a congressman, or a president to do one cotton-pickingthing. I don’t care if they offer a politician $1 million dollars in cash.

The politician has the power to accept or reject it. No matter what the lobbyist promises, it is the legislator’s responsibility to determine how he votes.

Those 545 human beings spend much of their energy convincing you that what they did is not their fault. They cooperate in this common con regardless of party.

What separates a politician from a normal human being is an excessive amount of gall. No normal human being would have the gall of a Speaker, who stood up and criticized the President for creating deficits. The president can only propose a budget. He cannot force the Congress to accept it.

The Constitution, which is the supreme law of the land, gives sole responsibility to the House of Representatives for originating and approving appropriations and taxes. Who is the speaker of the House? Nancy Pelosi. She is the leader of the majority party.

She and fellow House members, not the president, can approve any budget they want. If the president vetoes it, they can pass it over his veto if they agree to.

It seems inconceivable to me that a nation of 300 million can not replace 545 people who stand convicted — by present facts — of incompetence and irresponsibility. I can’t think of a single domestic problem that is not traceable directly to those 545 people. When you fully grasp the plain truth that 545 people exercise the power of the federal government, then it must follow that what exists is what they want to exist.

If the tax code is unfair, it’s because they want it unfair.

If the budget is in the red, it’s because they want it in the red .

If the Army & Marines are in IRAQ , it’s because they want them in IRAQ

If they do not receive social security but are on an elite retirement plan not available to the people, it’s because they want it that way.

There are no insoluble government problems.

Do not let these 545 people shift the blame to bureaucrats, whom they hire and whose jobs they can abolish; to lobbyists, whose gifts and advice they can reject; to regulators, to whom they give the power to regulate and from whom they can take this power. Above all, do not let them con you into the belief that there exists disembodied mystical forces like “the economy,” “inflation,” or “politics” that prevent them from doing what they take an oath to do.

Those 545 people, and they alone, are responsible.

They, and they alone, have the power.

They, and they alone, should be held accountable by the people who are their bosses.

Provided the voters have the gumption to manage their own employees.

We should vote all of them out of office and clean up their mess!

By Charlie Reese, a veteran journalist of 49 years and former columnist of the Orlando Sentinel Newspaper.

Lessons for Israel in American Constitutional Law Freedom of Expression: Part I February 28, 2009

Posted by Daniel Downs in Constitution, family, Freedom of Speech, marriage, pornography, Supreme Court.
1 comment so far

If there is one thing that characterizes America apart from pop and pizza, it’s pornography. Pornography in the United States is a multi-billion dollar business. It’s an engine that corrupts youth.

Pornography graphically reduces the human to the subhuman. It transforms love into lust. It undermines marriage and the family. It lowers not only the moral but also the intellectual level of a society. Pornography therefore undermines a nation’s security. A ruling of former Supreme Court president Aharon Barak indicates he does not know this.

But then he does not know that phonograph fosters self-indulgence, hence undermines public spiritedness or dedication to the common good and therefore erodes Israel’s ability to withstand her enemies Similarly, pornography corrodes the sense of shame, hence of honor. A nation without honor cannot long endure.

The flood of pornography or “porn” in the United States began in the late 1950s as a direct consequence of its Supreme Court’s libertarian interpretation of the First Amendment of the Constitution, which states, in part, “Congress shall make no law … abridging the freedom of speech, or of the press.” (Unfortunately, Israel’s Supreme Court has adopted American jurisprudence on this issue, and with the same predictable consequences: pornography is thriving in the Holy Land. Let’s pause and open our eyes.

The First Amendment prohibits only the Congress, not the States, from abridging freedom of speech and press. In fact, the first eight amendments of the Constitution, which comprise the Bill of Rights, were meant to limit the powers of the national government, not those of the state governments.

This was the ruling of Chief Justice Marshall in the case of Barron v. Baltimore, decided in 1833. The ruling was affirmed even after the ratification of the Fourteenth Amendment in 1868. Thus, in Hurtado v. California decided in 1884, the Supreme Court rejected the contention that the due process clause of the Fourteenth Amendment applied to the States the restrictions the first eight amendments applied to the national government.

This ruling was reaffirmed as late as Twining v. New Jersey in 1908. Not until Gitlow v. New York in 1925 did the Court hold that, “For present purposes we may and do assume that freedom of speech and of the press … are among the fundamental personal rights and ‘liberties’ protected by he due process clause of the Fourteenth Amendment from impairment by the States.”

The original Constitution must be understood before the amendments to the Constitution can be properly interpreted. Thus, the constitutional principle of federalism, affirmed by the first ten amendments, stands on the distinction that the Constitution imposes different restrictions on the powers of the national and state governments. For example, whereas only the States are constitutionally prohibited from impairing the obligation of contracts, only Congress is constitutionally prohibited from abridging freedom of speech and press (leaving open the possibility of such action, under emergency conditions, by the Executive).

Besides, the First Amendment ought not be interpreted in abstraction from the Constitution as a whole. An amendment may alter, but it does not nullify, the Constitution. Accordingly, the words “Congress shall make no law … abridging the freedom of speech, or of the press” may not be construed in such a way as to nullify Congress’s authority “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers [enumerated in Article I, Section 8].” Virtually any one of these powers may necessitate certain limitations on freedom of speech and press.

Consider, for example, the power of Congress “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Or consider the power of Congress to “provide for the common Defense.” Contrary to prevailing opinion, there can never be a simple opposition between the common defense and freedom of expression. For to defend the nation is to preserve its way of life, a most important aspect of which is freedom of expression.

Conversely, if certain kinds of expression endanger national defense, then they also endanger freedom of expression. Thus, by virtue of its power “To provide for … disciplining the Militia,” Congress may establish a code of military law making punishable any speech or publication causing insubordination in the armed services (and in peacetime no less than in times of national emergency).

This illustrates the organic principle of political life, one formulation of which may be stated as follows: Absolutizing the value of any part of a whole is destructive of the whole, hence of the part as well. If, therefore, the First Amendment is to function as a part of an organic whole whose parts reinforce and not obstruct each other, the injunction “Congress shall make no law … abridging the freedom of speech, or of the press” must be construed in such a way as to protect this freedom without undermining other constitutional values on which that freedom ultimately depends.

Two general alternatives are possible. Either certain kinds of expression must not be included under the category of freedom of speech and press, or, certain kinds of restraints on freedom of speech and press must not be included under the category of an abridgment thereof. I shall discuss these two alternatives in the next article.

(to be continued)

By Prof. Paul Eidelberg, President of The Foundation for Constitutional Democracy

Berg states U.S. Supreme Court has “not” made a public decision regarding Berg vs. Obama U.S. Supreme Court Case January 19, 2009

Posted by Daniel Downs in Barak Obama, Berg v Obama, Constitution, ethics, law, politics, Supreme Court.
2 comments

Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States and his case, Berg vs. Obama, [is in the U.S. Supreme Court with two (2) Conferences scheduled on 1/09/09 & 1/16/09] announced today that the U.S. Supreme Court has “not” made a public decision yet regarding his case.

Berg said, “I am making these remarks because of the ‘wrong’ statements circulating that the case of Berg vs. Obama in the U.S. Supreme Court has been dismissed. We checked with the U.S. Supreme Court on Friday afternoon, January 9th and “no” decision has been made. We will have to wait until at least Monday for the decision regarding what took place at the Conference on January 9th.

Please wait with us. Hopefully, the U.S. Supreme Court will grant our Writ of Certiorari as there is nothing more important than “our” U.S. Constitution.”

Berg continued, “We are committed to continuing litigation until the truth of Obama being “not qualified” for President comes out. The Obama candidacy is the biggest “HOAX” every put forth to the citizens of the United States in 230 years.

In addition to the current case in the U.S. Supreme Court, we have or will have:

  1. A case filed two [2] months ago captioned Berg vs. Obama, said case “under seal” so I cannot comment further;
  2. The case of Hollister vs. Barry Soetoro a/k/a Barack Hussein Obama, filed last week in the U.S. District Court for the District of Columbia; said case being an Interpleader case with the Plaintiff a retired Colonel from the U.S. Air Force who is questioning whether to obey or disobey an order if Obama recalls him, based upon whether or not Obama is a “qualified” President; and
  3. If Obama is sworn in as President, we will file a Petition for Writ of “Quo Warranto,” a case that will challenge Obama as being ineligible to serve as President because he is “not qualified.”
  4. More and more people are aware of the fact that Obama does not meet the ‘qualifications.’ When the truth finally comes out, individuals including Barack Hussein Obama, Michelle Obama, Howard Dean [Chair of the Democratic National Committee (DNC)], other top officials of the DNC and senior campaign staff of Obama’s campaign should be brought into the criminal justice system, indicted and tried with incarceration for those convicted.”

Philip Berg Filing Injunction to Stay Presidential Election October 30, 2008

Posted by Daniel Downs in Berg v Obama, law, news, politics, presidential election, Supreme Court.
3 comments

Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced today that he will be at the United States Supreme Court today, October 30, 2008 to file:

  1. Application to Justice Souter for an Immediate Injunction to Stay the Presidential Election of November 4, 2008; and
  2. Writ of Certiorari.

Berg stated, “I am hopeful that the U.S. Supreme Court will grant the Injunction pending a review of this case to avoid a Constitutional Crisis by insisting that Obama produce certified documentation that he is or is not a “natural born” citizen and if he cannot produce documentation that Obama be removed from the ballot for President.

Berg’s case, Berg vs. Obama was dismissed from the United States District Court for the Eastern District of Pennsylvania, Docket # 08-cv-4083 for lack of standing. This is a question of who has standing to uphold our Constitution. If I don’t have standing, if you don’t have standing, if your neighbor doesn’t have standing to question the eligibility of an individual to be President of the United States – the Commander-in-Chief, the most powerful person in the world – then who does?

What happened to ‘…Government of the people, by the people, for the people,…’ Abraham Lincoln in his Gettysburg Address 1863.

We must legally prevent Obama, the unqualified candidate, from taking the Office of the Presidency of the United States,” Berg said.

Berg again stressed his position regarding the urgency of this case as, “we” the people, are heading to a “Constitutional Crisis” if this case is not resolved forthwith.

* * For copies of all Court Pleadings, go to obamacrimes.com

What’s Wrong with the UN Convention on the Rights of the Child? February 20, 2008

Posted by Daniel Downs in children, discrimination, freedom, government, law, news, parental rights, politics, power, Supreme Court, tyranny, United Nations, United States, welfare state.
1 comment so far

It’s usually looked upon as a positive means of holding countries accountable to protect children. But the United Nations Convention on the Rights of the Child (UNCRC) is so much more than that.

When the UNCRC was brought up for ratification in 1995, the core group of Senators in opposition concluded that this treaty marked a significant departure from the originally constituted relationship between state and child. They found, in fact, that it was literally incompatible with the right of parents to raise their children, as well as a wholesale giveaway of U.S. sovereignty.

But why? (more…)