Showing posts with label unconstitutional. Show all posts
Showing posts with label unconstitutional. Show all posts

Saturday, February 18, 2023

Shall Not Be Infringed 2: The Unconstitutional Sheriff's of America invade Illinois and they love Guns

Furiously looking for the Sheriff Section of
the US Constitution
We are in an Era when legislation, which is overwhelmingly supported by a broad swath of the populace, is routinely undermined by Special Interest groups who craft ridiculously worded lawsuits to undermine common sense legislation.

So, when the Illinois Legislature passed the Assault Weapons Ban its intent could not be any more clear; it is far too easy for military grade weaponry to get into peoples' hands in Illinois.

But, a large cohort of conservatives love when people are shot to pieces and support the unrestricted gun violence afflicting the United States.

Sure, some gun nuts might make some blasé hand waving comment about mental health and proudly proclaim Highland Park Strong but, when it comes down to it conservatives are more than willing to let 40,000 Americans die and hundreds of thousands be wounded from gunfire each and every year so they can possess their toys and fantasize about overthrowing the Government or waiting inside their house to Defend their castle from the GAY WOKE BLM ANTIFA roaming freely from the Hellscapes of Democrat Run Cities.

So, predictably after a gun law gets passed a whole bunch of Illinois Sheriffs decided they are not going to enforce the law.  

“The right to keep and bear arms for defense of life, liberty and property is regarded as an inalienable right by the people. I, among many others, believe that HB 5471 is a clear violation of the 2nd Amendment to the US Constitution."

Sheriff Mendrick's fallacious Argument ad Populum aside, I guess Mendrick needs a refresher course in basic Civics; Legislatures write laws, Judges interpret laws, Sheriffs enforce laws.  But, nah a bunch of Sheriff's and their deputies have declared they know the Constitution and the Second Amendment better than any politician, judge, or legislator so they won't enforce the Assault Weapon Ban.  Except, of course, Mendrick is a politician and one who is indebted to the conservative belief system that the Law (writ large) and Law Enforcement Agencies exist to harass and arrest black and brown people, because All White People are good guys with guns right up until they pull that trigger and murder people and then well law enforcement will gingerly take them into custody and ensure they receive they DUDE PROCESS.

There is a name for people who decide that they won't follow the law... 

If you are unaware, the Constitutional Sheriff movement argues that the County Sheriff is the highest official in his County with greater authority than the Legislature, Governor, Federal Law Enforcement and even the President. They couch this nonsense in some Magna Carta flim-flam which they "learned" from watching Robin Hood movies and deciding the Sheriff of Nottingham was the Real Hero in each film.

Here is a good synopsis of the "Constitutional Sheriff" Movement from a Georgetown Law article.
The “constitutional sheriffs” movement contends that “[t]he law enforcement powers held by the sheriff supersede those of any agent, officer, elected official or employee from any level of government when in the jurisdiction of the county.”  Self-proclaimed “constitutional sheriffs” claim to derive this supreme authority from historical practice as well as the oath they swear to the Constitution (even though an oath pledging to uphold the Constitution is standard for many public officials and government employees). Thus, “constitutional sheriffs” assert that they have the power to determine the constitutionality of the laws they are entrusted with enforcing, and to refuse to enforce any law that they believe is unconstitutional.
Fortunately, Mendrick and other rightwing semi-fascist Sheriffs got a great deal of pushback from the Illinois legislature.  And while SHALL NOT BE INFRINGED lawsuits brought forth by rightwing scumbags gained temporary limited injunctions and restraining orders for the implementation of the law by small podunk Illinois Republican Judges a the Federal Seventh Circuit Court pushed back and rejected a Naperville lawsuit by a Merchant of Death that an Assault Weapons Ban caused irreparable harm to his business.
"Because assault weapons are particularly dangerous weapons and high-capacity magazines are particularly dangerous weapon accessories, their regulation accords with history and tradition. Naperville and Illinois lawfully exercised their authority to control their possession, transfer, sale and manufacture by enacting a ban on commercial sales. That decision comports with the Second Amendment."

Saturday, April 16, 2016

Senator Mike Lee fancies himself a medieval Polish Nobleman

Pudgy Utah Republicon Mike Lee has been successful in using a procedural hold in the US Senate to keep $250 million in Federal Relief from the lead-poisoned residents of Flint, Michigan.

This is not surprising coming from Mike Lee, one of the scummiest sychophants in the Senate today. Lee ran for Senate on a platform of repealing Child Labor Laws, so he has no problem with children being harmed and sees protecting children as Unconstitutionala function outside the scope of the United States Government. This, of course, also serves the right-wing mantra that government doesn't work.

Since, he's been in office Lee's "highlights" include; proudly marching on the White House with Sarah Palin, Senator Rafael 'Ted' Cruz, Larry Klayman, and a 100 conservative domestic terrorists under the banner of the confederate flag, the symbol of the worst arch-traitors in American History, to demand the arrest and lynching of President Obama.

He's also used the arcane procedural rules of the Senate to deliberately sabotage the Consumer Financial Protection Bureau (CFPB). Lee demanded a constitutional amendment making it possible to raise taxes only when approved by 2/3rds of both the House and Senate and threatened if it wasn't approved "in his framework" he'd shut down the Government. When 'Ted' Cruz did shut down the government in 2013, Lee continued to enjoy all the financial perks of his office, "I’m working," Republican Senator Mike Lee. "I’ll continue to be paid*."

When he began his hold Lee stated, "If we create a precedent that suggests any time there’s a significant problem with a locally operated utility that operates entirely intrastate. I would ask, where’s the stopping point? What’s the limit?" - this is basically the same argument Lee touted after Hurricane Sandy and Republicons were screeching during Hurrucane Katrina, i.e. 'FYIGM*!'

Of course, Lee sang a different tune when it came to Federal Disaster Relief for Utah in 2011. In that case it was 'Gimme! Gimme! Gimme!'

It's no mystery why Lee is withholding the funds from the residents of Flint, Michigan; they are poor, mainly black, and they've been screwed by a Republican Governor. This is the essence of Republicon governance. Steal money, kill the poor, and use every piece of "legal" recourse to ensure those people stay screwed.

But, in using byzantine Senate procedure to withhold the money in the Energy Mordenization Bill, Lee is repeating history as farce. I wrote previously about the Polish Sejm and liberum veto,
The Golden Freedom, which the magnates defended with every bit of chicanery and power they commanded, was the freedom of the few to oppress the many... - James A. Michener's, Poland
In the novel Poland, Michener describes how the, "incredible liberum veto, by which one nobleman in the Seym (parliament) of hundreds could negate and prorogue the entire work of the Seym by merely crying, 'I oppose!', was a major cause of Poland's disappearance from the map of Europe". 

The Republicons are not interested the United States or 99% of its' citizens, what they are interested in and busily working towards, is the re-feudalization of America. They are in office to destroy the federal government, or more specifically those parts of the federal government which aid the poor and working class, and to create a Wage Slavery State in which every man, woman, and child is held at the whim of the Rich and shackled in Corporate Bondage.

* Fuck You I Got Mine.

Monday, July 20, 2015

Prepare to have the #Blacklivesmatter movement ratfucked becuase Conservatives Love when Cops kill Black People

The United States has always vilified and demonized black people. Now, I'm not advising you to drive down Roosevelt Ave into Lawndale, the Vice Lords "Holy City", anytime soon but, in America every Black Person is a priori a criminal.

However, it's even more nefarious than just rabidly defending every White Officer who guns down an unarmed black man. The Conservative Media Complex in this Nation will spare no duplicitous strategy in obfuscating, muck-racking and slandering any black person who happens to be executed by Police Officers or self-appointed Neighborhood Watch Captains.

And not content with demonizing the murdered black person Faux News, rabidly racist right-wing internet media and so-called Libertarians immediately seek to minimize and lie about the actions of the murderous white racists. As when they pretended that Dylann Roof's murderous domestic terrorist attack was really on attack on the Christian Faith. A gorgeous, devious lie which allowed conservatives to segue into the phony War on American Christians. And this is because, the majority of conservatives are white domestic terrorists and racist neoconfederates.

It's fortunate no racist, insane "Witness 40" came forward to lie about the murder of Walter Scott, as "Witness 40" did with her "first-hand journal" of the Mike Brown's murder. Sean Hannity, Michael Savage, Mark Levin and other conservative villains relentlessly referenced her so-called account as justification for Brown's execution. And that the bystander had the courage to record Scott's killing at significant risk to his own life, so the right-wing internet fart bubble wasn't able to lie to justify Scott's execution.

Every police officer should know the basic meaning, if not the entire ruling of the 1985 SCOTUS Tennessee v. Garner, which explicitly lays why a LEO can not shoot a fleeing suspect.

As well as, the 1989 Graham v. Connor, which requires the Officer take into account the severity of the crime when effecting an arrest or "seizure".

But, these ruling are why every Officer has been coached to proclaim fearing for his life in these incidents. Because don't fool yourself, every LEO has received official and unofficial advice prior to any statements.

But, the unconstitutional summary executions of black people isn't slowing down. In Stonewall, Mississippi a horse and buggy driver named Jonathan Sanders was choked to death by a part-time Police Officer who apparently wanted to show off to his wife (who was on a ride-along) how he could terrorize and brutalize black people.

The "suicide" of Sandra Bland in Texas stems directly from a violation of Graham v. Connor. During a traffic stop, not a Forcible Felony stop, Bland was thrown to ground and forcibly restrained before being put into a holding cell where Texas Officials proclaim they think they saw a plastic bag which she must have used to hang herself. Already the Texas Deputy who forcefully threw Bland to the ground on the traffic stop has been suspended for violating Department Policy on "courtesy during traffic stops." But, since Sheriff Glenn Smith, has previously been fired as a Police Chief before being elected Sheriff, for being racist it'll be up to the Texas Rangers, FBI and Department of Justice to ensure a proper investigation is conducted.

But, don't expect the Right-Wing Media Complex or the rabid racist white conservatives to give a fuck about Supreme Court Rulings, Department Policies or visual video evidence. None of those facets have dissuaded them before and they won't in regards to Bland's "suicide" or any of the deaths of blacks at the hands of Police. Conservatives believe the Police exist for the purpose of Killing Black People.

Already, the scouring of her past has begun as youtube videos have been found wherein Bland talks about suffering from depression. As with criminal background becomes de rigueur evidence that the killing of Mike Brown or Eric Garner or Trayvon Martin were justified, Bland's depression is going to be used by conservative bigots to proclaim she committed suicide and allow them to go back to stating all blacks are criminals who get what they deserve.

But, while these instances are case by case instances of conservative Ratfucking of the murdered individual, a systemic institutional catch-all Ratfuck is being developed by powerful members of the Law Enforcement Community to undermine the entire #Blacklivesmatter movement.

Recall, the "Credible Evidence" of a truce/pact between major factions of the Folks/Peoples Gang structure ivo Baltimore to engage in open warfare and attempts to murder Police Officers was leaked by Law Enforcement Intelligence Community.

While, this accomplished the desired effect of turning attention from Freddie Gray's death via a "rough ride" and towards getting public opinion against the protesters while allowing the media to broadcast the protests were a coordinated criminal enterprise by career criminals (i.e. Black people).

Of course, Faux News ran dozens of segments a day about property damage and a burned out CVS, which every dutiful right-wing blogger repeated on every platform of social media in order to delegitimize the movement and turn every person involved into a criminal suspect.

But, it was just the opening salvo in the whispering campaign trying to paint the #Blacklivesmatter movement as being funded by criminal gangs, foreign governments and international terrorist organizations.

The Right-Wing is not going to allow #Blacklivesmatter to succeed. It's not the 1960's anymore, they can't rely on proclamations of "Outside Agitators" and expect the majority of Americans to support the shooting and strangulation of unarmed blacks. They learned a great deal from their success at lying about Iraq and building a groundswell of support by disseminating false intelligence and propaganda.

Each and every black person's murder is going to strengthen the resolve of Conservatives, it's going to sharpen their vitriol and heighten they pandering to the most reactionary rabid racist elements of their party, which are no longer just a unspoken minority but the loud and vociferous super majority of the Right.

Monday, June 3, 2013

Only White Male Conservatives have Constitutional Rights

"But you don't need to plead the fifth if you've done nothing wrong," RNC Chairman Reince Priebus. 
"The reason Lois Lerner tried to take the Fifth [Amendment], it’s because this was a problem coordinated in all likelihood right out of Washington headquarters and we’re getting to proving it,” Republican House Oversight Committee Chairman Darrell Issa. The Guilt of the Accused is already assumed.
Unless you are a White Male Conservative the Bill of Rights does not apply.
"It is the First Amendment, then there is the Second and I love ‘em both. The minute we start stifling our speech, we might as well go home, roll up our sleeves and get our guns out," Maine Governor Paul LePage told reporters, as quoted by the Portland Press Herald, LePage of course must resort to Violence because he seized power in Maine despite losing the Vote 62% to 38%. 
Get used to it Leftists. The Right is this country won't be satisfied until: The Only Ones with Rights are the Right Americans. (TM)

Having a (D) after your name will be prima facie evidence of High Crimes and Misdemeanors. Being a Liberal will mean you are Guilty before your futile attempt to Prove your Innocence.

Brit Hume, who as a paid Faux News Stooge, fully supported the Bush Regime in stifling Reporters was aghast that Faux News Criminal James Rosen was investigated for leaking classified information. 

Hume is outraged a white male conservative is being held responsible for his crimes!!! How dare the Justice Department go after Faux News Stooge Rosen for leaking classified information! The Right has all the Rights whereas daring to espouse Progressive Views or self-identifying as a Progressive Media Member is an invitation to a Right & Proper beating, as when Amy Goodman of DemocracyNow! was beaten and arrested for daring to not genuflect before the White Male Conservatives at the St. Paul Minnesota 2008 RNC. 

Of course, Conservatives soiled their pants with glee when the Occupy Movement was violently rousted out in multiple cities denying them their 1st and 4th Amendment Rights because they were espousing anti-Corporate rhetoric and white male conservatives bow before their Neo-Feudal Corporate Lords.

Faux News Stooge Steven Chrowder was paid by Roger Ailes to start fights with Union Members in Michigan in an attempt to smear working men and women trying to save their pensions and retirement benefits.

James O'Keefe manufactured a fake scandal based on lies and false video recordings to shut down ACORN for the crime of aiding Poor People and Minorities.

The recently deceased Senator Frank Lautenberg was smeared by Andrew Deadbart who shamelessly distorted the audio portion of a news conference given by Lautenberg.

When the IRS dared to investigate the TEA Party Crooks illegally using 501(c)(3) and 501(c)(4) tax exempt status to hide the names of donors contributed Hundreds of Millions, the Right exploded in Fury; They know the IRS is only supposed to be used to shut down Liberal Organizations, like the ACLU, the NAACP, Greenpeace, and the All Saints Episcopal Church of Pasadena California.

The IRS scandal is really that Karl Rove and other Conservative Political Action Committees filed for Tax Exempt status knowing full well they were involved in Partisan politics which explicitly excludes them from gaining Tax Exempt status. So, please conservatives keep bringing up the IRS "targeting" of Tea Party Groups, hopefully the IRS will reopen their cases and fine them appropriately.

But, we know that won't happen because Darrell Issa and the Republicans know the IRS agents at the heart of this matter were Republican appointees and the IRS and all Government Power is rightfully only used to destroy and intimidate Liberals.

So, just get used to it Liberal America. The only Rights you have are those the Right allows you to have and those are none.

Thursday, January 24, 2013

Turning the US Senate into the Polish Seym

The Golden Freedom, which the magnates defended with every bit of chicanery and power they commanded, was the freedom of the few to oppress the many... ~ James A. Michener's, Poland
In the novel Poland, Michener describes how the "incredible liberum veto, by which one man in a Seym (parliament) of hundreds could negate and prorogue the entire work of the Seym by merely crying 'I oppose!' was a major cause of Poland's disappearance from the map of Europe". 

The Polish-Lithuanian Kingdom was "partitioned" out of existence by Prussia, Austria, and Russia during the 18th century by subverting the Polish Parliament.

Polish Magnates (Representatives) were bought off by the foreign nations to obstruct and Filibuster any and all reforms in the Parliament. Then having stymied and brought the Nation to a standstill they simply moved in and did as they pleased.

Filibuster Reform in the US Senate has apparently being undermined. The current Unconstitutional rules adopted by the Senate allow for secret holds, opposition and obstruction by singular Senators who cry 'I Oppose!'

The Republican Senators abusing this Unconstitutional rule are doing so for the Plutocracy and Powerful Interest Groups who own them.

The Agreement reached this Thursday morning would permit a Senate majority to bypass the filibuster on a motion to proceed to debate with the condition that either a group of senators on each side of the aisle agrees, or the minority is guaranteed the chance to offer amendments.

The new rules limit debate time for sub-cabinet and district court nominations and reduces the number of required hours between cloture and final confirmation from 30 to two. It also lowers the number of cloture motions required to go to conference with the House.

“This does very little to change how the Senate as a body functions,” said a pro-reform Democratic aide. “After these small changes the Senate will operate much the same way as it did yesterday.”

Like the Polish people of the 18th century We, the People are being held hostage to the whims of Rapacious Moneyed Predators. And the Plutocracy's Senators will stand up and oppose any efforts which hamper the efforts of the Rich to sink their talons deep into Us and drain the American populace of their Money and Lives.

Addendum:
Of course, the Partitioning of Poland did have a positive impact on American History as numerous Polish Officers came to the US and provided The Continental Congress and George Washington with an experienced Officer Core. Including, Chicago's favorite Polish Count Casimir Pulaski, the "Father of American Cavalry".

Related:
Arizona Republican White Power! Celebrate the White Man's Burden
Here in Chicago we celebrate Casimir Pulaksi Day. All across Cook County government offices are closed, Chicago Public Schools, the Chicago Public Library, Springfield Public Schools, and Illinois state-wide public and private schools are closed as well. Wisconsin (the whole state) also closes on Pulaski Day. According to Arizona Bigot Tom Horne, Illinois school districts are inconsistent with American Values for honoring a foreigner.