Stop and Frisk: No Feds Needed.

Recently a Federal Judge, Shira Scheindlin, declared the New York City Police departments “Stop and Frisk” procedure Un-Constitutional and called for a federal monitor to watch over the police department to ensure Police Officers are in compliance with the constitution.

This happened without a peep of protest from any New York State elected official, Judge or lawyer.

You would think that Governor Cuomo would be at the fore of the angry protest against Federal intrusion into what is clearly a State Police power. Where does Justice Scheindlin believe her authority to rule on this matter come from? Not the United States Constitution.

The “Stop and Frisk” procedure is clearly un-Constitutional, however, it is the New York State Constitution that matters.

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Lexington TSA Manager Gets Busted For Doing What He Does At Work

LEXINGTON, Ky. – Police busted a TSA manager at the Blue Grass Airport and charged him with sexually abusing a coworker earlier this week.hinkle

According to court documents, the victim told police Shane A. Hinkle, 38, touched her breasts and put his hand down her pants twice on two separate occasions. The arrest report indicates the incidents all happened at the airport, and surveillance video captured some of the groping.

When I first read the arrest report, I couldn’t help but wonder what the big deal was. Perhaps he just thought he was doing a little on the job training.

In all seriousness, TSA agents across the United States subject hundreds of innocent Americans to this kind of behavior on a daily basis. In a very real sense, Hinkle went to jail charged with doing what he does at work every day. Only the fact that federal law and a badge authorizes his on the job behavior differentiates it from his alleged criminal acts. And in some weird parallel universe, that makes groping OK.

Wrap your head around this: a federal stamp of approval legitimizes sexual abuse.

I don’t mean to minimize the victim’s experience. I can’t imagine the humiliation and fear she must have felt. My point is that airline passengers who must endure strangers touching their breasts, butts and genitals at the airport feel degraded and humiliated as well.

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Feds Creating ‘Nudge Squad’ To Manipulate Your Behavior

Think you know how others should run their lives better than they do? Fancy yourself one of the intellectual elite tasked with molding the world into your own image? Love lording power over people?

You can serve on a federal “nudge squad!”

According to a document obtained by FoxNews.com, the federal government has positions open in a newly created “Behavioral Insights Team.” These behavioral scientists will work with a large array of federal agencies molding public policy to help “nudge” Americans toward government-approved behaviors.

“Behavioral sciences can be used to help design public policies that work better, cost less, and help people to achieve their goals,” according to the feds.

Essentially, the team will study ways to manipulate Americans into buying into prescribed federal behaviors, such as paying taxes on time, adopting energy efficiency measures and eating the “right foods. The document lists several examples of U.S. and international policy initiatives already benefiting from the implementation of behavioral insights.

Increasing adoption of energy efficient measures: Offering an attic-clearance service (at full cost) to people led to a five-fold increase in their subsequent adoption of attic-insulation. Interestingly, providing additional government subsidies on attic insulation services had no such effect.

Former Obama regulatory czar  Cass Sunstein and Chicago Booth School of Business professor Richard Thaler coined the term “nudge” in a book by that title back in 2008. The duo “offers a new perspective on preventing the countless mistakes we make—ill-advised personal investments, consumption of unhealthy foods, neglect of our natural resources—and show us how sensible ‘choice architecture’ can successfully nudge people toward the best decisions.”

Thaler can’t imagine why anybody would oppose this idea.

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Tsarnaev not guilty of federal charges?

by Jon Roland, Constitution Society

The Boston bombing suspect Dzhokhar Tsarnaev has been charged with multiple federal offenses, but none of them are authorized by the U.S. Constitution for offenses committed on state territory, as the acts in Boston were. If the federal courts were constitutionally compliant, they would be compelled to dismiss them all, and let the State of Massachusetts prosecute him under its laws.

The following is a summary of the main federal charges:

  1. Use of a weapon of mass destruction resulting in death and conspiracy.
  2. Bombing of a place of public use resulting in death and conspiracy.
  3. Malicious destruction of property resulting in death and conspiracy.
  4. Use of a firearm during and in relation to a crime of violence.
  5. Use of a firearm during and in relation to a crime of violence causing death.
  6. Carjacking resulting in serious bodily injury.
  7. Interference with commerce by threats or violence.
  8. Aiding and abetting.

Contrast this with the following, taken from the second of the unanimous Kentucky Resolutions of 1798, written by Thomas Jefferson, summarizing original understanding of the U.S. Constitution:

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Obama to Congress: Only I Can Amend ObamaCare

The individual mandate is ObamaCare’s least popular provision. Just 17 percent of Americans support it. Only 12 percent support letting it take effect while employers get a pass. When he unilaterally delayed the employer mandate, President Obama put House Democrats, and potentially Senate Democrats, in the position of having to cast their most unpopular pro-ObamaCare vote, ever. The attack ads practically write themselves. ”Congressman X voted against giving families the same breaks as big business.”

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NSA Doublespeak, Federal Crimes and Punishment

The oath of office for any federal employee (excepting the President) reads as follows:

“I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”

With this in mind, I have a hard time figuring out what part of this oath the NSA leaker violated…  Bob Schiefer from CBS news appears to think Snowden  should give himself up, and start making himself comfortable in the generous accommodations that are available in American Cuba…

I’m sure that is something Snowden is considering, yet Maybe Mr. Schiefer’s argument needs a little more consideration to be sure that justice would be accomplished with this approach.  Lets consider a few things:

1.       Which part of Snowden’s oath was violated?

The Federal oath begins “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic.”

Are there foreign enemies of the Constitution that were empowered by the disclosure of the fact that the Federal govt. was collecting most of the phone data from virtually every American ?  Possibly, but I think they already had an understanding that this was happening.  Were there Domestic enemies who would benefit from the release of the same information?  On the contrary, Domestic enemies who were violating the Constitution were exposed as a consequence of Snowden’s actions.

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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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Establishment Attacks Rand Paul on Support of Tenth Amendment, States’ Rights

A Yahoo News article released recently reads: Rand Paul’s Troubling Ties to Racists. The article uses the terms “Pro-confederate”, “neo-confederate” and touches on the Civil War. The source used in the Yahoo News article is from The Washington Free Beacon, a conservative online news source, which published an article slandering Paul as a radical because his aide (Jack Hunter) has long been a supporter and advocate of the Tenth Amendment to the US Constitution.

The Tenth Amendment reads: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.

In layman’s terms, if it is not one of the powers delegated to the federal government by the US Constitution then the federal government has no business exercising power of such matters. In modern America where the federal government controls what kind of shower you can use, the type of light bulb you are allowed to light your house with and what kind of milk you decide to pour over your cereal in the morning it is no surprise that nullification is becoming a household word again.

Rand Paul

Paul is the first modern US Senator to use the term “nullification” in support of reining in the powers of the federal government when it comes to unconstitutional federal legislation. He first used this when President Obama attempted to issue executive orders on gun control.

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Delaying the Employer Mandate Requires Delaying All of Obamacare

by Michael Cannon, CATO Institute

The IRS has announced it will postpone the start date of Obamacare’s “employer mandate” from 2014 to 2015. Most of the reaction has focused on how this move is an implicit acknowledgement that Obamacare is harmful, cannot work, and will prove a liability for Democrats going into the November 2014 elections. The Washington Post called the decision a “fresh setback” and a “significant interruption” to the law’s implementation. John McDonough, a prominent supporter of the law, observes, “You’ve given the employer community a sense of confidence that maybe they can kill this. If I were an employer, I would smell blood in the water.” When a die-hard Obamacare supporter like Ezra Klein says the employer mandate should be repealed, clearly things are not going well.

While all of this is true, it misses the two most significant implications of this momentous development:

First, the IRS’s unilateral decision to delay the employer mandate is the latest indication that we do not live under a Rule of Law, but under a Rule of Rulers who write and rewrite laws at whim, without legitimate authority, and otherwise compel behavior to suit their ends. Congress gave neither the IRS nor the president any authority to delay the imposition of the Patient Protection and Affordable Care Act’s employer mandate. In the section of the law creating that mandate, Congress included several provisions indicating the mandate will take effect in 2014. In case those provisions were not clear enough, Section 4980H further clarifies:

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FISA Court Colludes with NSA to Allow Unconstitutional Surveillance

Documents obtained by The Guardian (U.K.) reveal that the court that was ostensibly created to keep the federal domestic spy apparatus from invading the rights of Americans is actually routinely giving the National Security Agency (NSA) and others the go-ahead to use data “inadvertently” collected during unwarranted surveillance of American citizens.

The newspaper that broke the story of the NSA’s activities as revealed by whistleblower Edward Snowden published on June 20 “two full documents submitted to the secret Foreign Intelligence Surveillance Court.” Both documents were signed by Attorney General Eric Holder and were issued in July 2009.

According to the article written by Glenn Greenwald and James Ball, the documents “detail the procedures the NSA is required to follow to target “non-US persons” under its foreign intelligence powers and what the agency does to minimize data collected on US citizens and residents in the course of that surveillance.”

Not surprisingly, neither the Fourth Amendment nor the freedoms against tyranny that it protects are honored by Holder or the other architects and construction crews erecting the surveillance state.

As Greenwald and Ball report, the leaked documents demonstrate that when the NSA is conducting surveillance under the pretense of monitoring foreign targets, any U.S. communication caught in the dragnet is “collected, retained and used.”

Using Section 215 of the Patriot Act as justification, the NSA is now known to monitor and seize the phone records of millions of Americans who are not now or ever have been suspected of any crime that would justify the issuing of a search warrant. This wholesale watching of the telephone activities of citizens was revealed by The Guardian a few weeks ago as part of Snowden’s release of information on his former employer.

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