Welcoming You with Open Arms

 We had a really terrific weekend at the Tenth Amendment Center, and it just felt wrong for me to channel negative energy, despite concerns I had that I wanted to address. So instead, I decided to take some of those frustrations and use them to write something I considered more positive – a letter to a friend. Though I do have someone in mind, I also realized that there are other people out there in similar situations, and that you might have a friend you would write a similar letter to. If that is the case, please feel free to pass it along.

Dear Liberty Friend,

I want to say thank you.

Thank you for your hard work. For your family values. For working on behalf of people who don’t know and/or possibly don’t care that their liberty is slipping away day by day. Thank you for being a cheerleader to others of us who sometimes feel like we are just trudging through the muck. It’s nice to know someone’s got your back. Thank you for your friendship – and great conversation over cold beer.

I also want to say I am sorry.

I’m sorry for the jerks you’ve had to deal with, and that they didn’t recognize your value.

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Federal Court Permanently Vacates Injunction Against NDAA “Indefinite Detention”

The Second Circuit has permanently vacated the injunction issued by the District Court against NDAA 2012 indefinite detention powers.   The case has been remanded to District Court Judge Kathryn Forrest. who originally issued the injunction.

In layman’s terms, Forrest put a stop to indefinite detention, and the Second Circuit overturned that.  It also permanently prohibited Forrest from attempting to do so again, ordering her to proceed with the case consistent with their opinion.

NDAA “indefinite detention” powers are alive and well.

The opinion appears to be based only on lack of standing — based on the Clapper case decided by the Supreme Court:

“In sum, Hedges and O’Brien do not have Article III standing to challenge the statute because Section 1021 simply says nothing about the government’s authority to detain citizens.  While Section 1021 does have meaningful effect regarding the authority to detain individuals who are not citizens or lawful resident aliens and are apprehended abroad, Jonsdottir and Wargalla have not established standing on this record. We VACATE the permanent injunction and REMAND for further proceedings consistent with this opinion.”  P. 60

The Tenth Amendment Center, along with a broad coalition of organizations and individuals, filed an amicus brief on behalf of the defendants.  It was cited at p. 4 and note 3 in the District Court’s opinion:

As one group of amici has noted, “[r]arely has a short statute been subject to more radically different interpretations than Section 1021.”

The only other reference to an amicus brief was at p. 40, in note 137 — Center for National Security Studies.

REVIEWING THE “LAW” IN QUESTION

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Breakdown in Americans’ Respect for the Rule of Law?

Some commentators and compilers have sensed what they believe is a weakening of the rule of law in the United States.  I’ve documented an example in one state.

Conduct surrounding the George Zimmerman case provides additional cause for concern, including prejudicial comments by President Obama and rioting subsequent to acquittal.

To his credit, President Obama did express support for the verdict once it came in, although he inappropriately coupled it with promotion of his political agenda.

Adherence to the rule of law is critical to survival of a free society. This, in turn, requires adherence to five basic standards:

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Muscotah, Kansas Passes Ordinance to Nullify Federal Gun Control

A second small city in Kansas has stepped up to add another level of defense in the battle to protect the right to keep and bear arms in the Sunflower State.

On July 8, the city of Muscotah, Kan., adopted an ordinance prohibiting any agency or person in the employ of the city from enforcing, providing material support for, or participating in any way in the enforcement of any act, law, treaty, order, rule or regulation of federal government regarding personal firearms, firearm accessories, or ammunition with the city limits. The city modeled its ordinance off one passed earlier this year in Herndon. This was not simply a resolution declaring support for the right to keep and bear arms, but a legally binding ordinance, barring any cooperation with federal agents trying to enforce acts violating the Second Amendment.

Muscotah became the third local government in Kansas to approve a legally binding act protecting the right to keep and bear arms, joining Herndon and Sedgwick County. These local actions add an additional row of teeth to the state law passed during the most recent legislative session.

Kansas was admitted to statehood in 1861, affirming its commitment to the Second Amendment by adopting Section 4 of the State Bill of rights. It provides for the right to keep and bear arms, for the defense of self, family, home and state. With that right under assault by an overzealous and overreaching federal government, state officials moved in to interpose. On April 16, Gov. Brownback signed “The Second Amendment Protection Act” into law. The passage and signing of the Second Amendment Protection Act represented a huge step in protecting the right to keep and bear arms in Kansas, but local support will play a vital role in the ultimate success of the new Kansas law.

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