Category Archives: Law

UPDATED: Quacking Over Ducksters As Freedoms Go POOF

Constitution, Crime, Criminal Injustice, Federalism, Founding Fathers, Government, Homeland Security, Law, Race, Racism, Regulation

“Quacking Over Ducksters, As Freedoms Go POOF” is the current column, now on WND. An excerpt:

“While the nation fretted over the ouster of one Duckster from the parallel reality of a TV reality show, more of the protections enshrined in the Fourth Amendment of the U.S. Constitution evaporated.

Just after Christmas, district-court Judge William Pauley ruled that the privacy protections afforded by the Constitution were relative freedoms, not absolutes ones. As such, Fourth-Amendment rights had to be calibrated against a government’s need to maintain a database of records that would (putatively) prevent future terrorist attacks. …

… This is the inglorious history of American freedom and federalism. In the rare event that the Supreme Court refuses to play along (as nicely as plaything Justice John G. Roberts did for ObamaCare)—there is always a perfectly legal, extra-constitutional, quasi-legislative, quasi-executive, quasi-judicial, “independent” regulatory commission or executive agency to kill off or override constitutional protections.

A “civil liberties officer,” for example.

The nice men in periwigs who came up with the Fourth Amendment were recklessly naive to imagine that branches of a government, each of whose power is enhanced when the power of the other branches grows, would serve to check one another. The idea of a judiciary that would police the executive as an arm of a self-correcting tripartite government was worse than naive.

As “luck” would have it, legislation that flouts the Fourth Amendment was previously in place to provide Pauley with all the positive-law backing the judge needed to justify an anti-constitutional ruling. To wit, the grounds upon which the New York jurist dismissed this ACLU (American Civil Liberties Union) case against the NSA were, primarily, “that bulk collection was [already] authorized under existing laws allowing ‘relevant’ data collection to be authorized by secret US courts.”

Here you have the essence of modern-day, Managerial-State America. Natural law, common-law and Constitution have been nullified; buried under the rubble of legislation, statute, precedent, ad infinitum, rights having long-since been outsourced to the “better” judgment of bureaucrats and hired “experts.”

In this case, to Eric Holder’s Department of Justice. …

Read the complete column. “Quacking Over Ducksters, As Freedoms Go POOF” is on WND.

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UPDATE (1/3): Someone is guilty of a performative contradiction. In any event, I’m glad I have not lost the reader who claims he is lost to me. From the COMMENTS @ WMD:

Nys Parkie
• 12 hours ago

Mercer lost me. Was a fan. Now her libertarian squeamish mish-mash of words only offend me. Her article on hunting cut the cord. I, as a conservative libertarian only have this response. Let me live as I choose and don’t demonize me for it. Maybe you (Her) is some type of PETA Vegan in disguise, I don’t know. Hate your mirror and not me.

Reply
Spyker May Nys Parkie
• 10 hours ago

Nys..,

You cannot chastise Ilana for your lack of command of the national language of the USA. She uses no words not from a good dictionary – the only “mish-mash” is the pancake between your ears.

As far as being ‘offended’ – kindly consider carefully what is ostensibly ‘arrogance’ and what is de facto personal insecurities.

To follow Ms Mercer demands no greater effort than reading through ATLAS SHRUGGED in a week…

Ducking Around As Freedoms Go POOF

Constitution, Fascism, Federalism, Founding Fathers, Law, Liberty, The Courts

Face it, the idea of a judiciary that would police the executive as an arm of a self-correcting tripartite government is worse than naive. Rather, it WAS recklessly naive of the American Founding Fathers to imagine that branches of a government, each of whose power is enhanced when the power of the other branches grows, would serve as a check on one another.

Today, Judge William Pauley, “a Clinton appointee to the Southern District of New York,” ruled that “privacy protections enshrined in the fourth amendment of the US constitution needed to be balanced against a government need to maintain a database of records to prevent future terrorist attacks. ‘The right to be free from searches is fundamental but not absolute,’ he said. ‘Whether the fourth amendment protects bulk telephony metadata is ultimately a question of reasonableness.’”

Pauley argued that al-Qaida’s “bold jujitsu” strategy to marry seventh century ideology with 21st century technology made it imperative that government authorities be allowed to push privacy boundaries.

As if the purview of an American justice is to “marry” American law with Islamic ideology; a US judge must apply the constitution to the facts. In truth, any protection the natural law once provided us has been lost, buried under the rubble of legislation, statute, precedents, whatever.

The Guardian:

The judgement, in a case brought before a district court in New York by the American Civil Liberties Union, directly contradicts the result of a similar challenge in a Washington court last week which ruled the NSA’s bulk collection program was likely to prove unconstitutional and was “almost Orwellian” in scale.
Friday’s ruling makes it more likely that the issue will be settled by the US supreme court, although it may be overtaken by the decision of Barack Obama on whether to accept the recommendations of a White House review panel to ban the NSA from directly collecting such data.

There you have the sum of American freedom and federalism: Legislation that flouts the Fourth Amendment is already in place to provide Pauley with all the positive-law backing he needs to justify an anti-Constitutional ruling.

To wit:

The [Judge dismissed the] ACLU case against the NSA … primarily on the grounds that bulk collection was authorised under existing laws allowing “relevant” data collection to be authorised by secret US courts.

And if the Supreme Court doesn’t play (as nicely as Supremo Roberts played for ObamaCare)—there is always an extra-constitutional committee to kill off/override constitutional protections.

As the nation f-cks around with the huckster Ducksters, the ‘privacy protections enshrined in the Fourth Amendment of the US Constitution’ just got still weaker, as if this were possible.

The President’s One-Two Knock-Out Punch For Black America

Barack Obama, Crime, Law, Race, Racism

Eric Holder’s first arrest in the string of Knock-Out attacks across the country is a first in more than one way.

The arrest is unique in that it is of a white offender. Knock-Out attacks have been, almost exclusively, black-on-white hate crimes.

Were it not so frightening, it would be quite comical. Heeding the attorney general, the “U.S. attorney for the southern district of Texas” has arrested 27-year-old Conrad Alvin Barrett, who broke the jaw of a 79-year-old man, “laughing and saying ;Knockout’ as he [ran] away.”

The question is not whether this is a good arrest. Let Barret sit if he’s guilty. The question is why have there been no arrests for the killing and maiming of innocents, perpetrated by black thugs across the country?

Holder’s Justice is obviously attempting to deploy the law to frame the Knock-Out phenomenon as an equal-opportunity crime.

It’s the administration’s racial reprisal against the honky victims of hate crimes.

Obama Banana (Aka President Camacho)

Barack Obama, Business, Ethics, Law

MSNBC host Melissa Harris-Perry will no doubt deem the word “banana” to be racist, “conceived by a group of wealthy white men who needed to . . . render [a black man] inferior and unequal and diminish his accomplishments.” This is what our unsharpened pencil thinks of the word “Obamacare.”

It can’t be helped. Under Obama, America’s banana-republic credentials are growing.

Via The US Financial Post:

It seems Attorney General Eric Holder has created a multi-million dollar backdoor kickback for activist groups in the $13 billion JP Morgan Chase subprime loan deal recently settled, WND reports.
It appears the Obama administration has a strategy for reviving subprime mortgage lending by coercing banks to fund community organizing groups that may once more put low-income families into mortgages beyond their means.
Sponsored Links
“Annex 2? of the settlement agreement mandates that JPMorgan hand over “any unclaimed or unpaid damages to a nonprofit group that finances Acorn clones and other shakedown groups,” Investor’s Business Daily noted in a recent editorial.
The settlement agreement forces JPMorgan to hand over $4 billion in consumer relief designed to help consumers who were hurt by its packaging of subprime mortgages into securities.

Says Judge Andrew Napolitano: The federal government is extorting billions of dollars from a US bank to give to its political friends and favorite political caused. It is plain unlawful.

What are you gonna do about it?, replies President Camacho.