Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Archive for the ‘constitutional opinion’ Category

… Look in the Mirror , Madame Associate Justice [#Sotomayor]…

Posted by paulfromwloh on Wednesday,November 30th,2016

.. she thinks that there is no such thing as ” judicial activism . ” Well , well ..

.. all she has to do is look in the mirror . She is the archtype of the radical judicial activist ..

.. judicial activism is , by definition , the construct of laws and / or parts of THE US Constitution and its Amendments . Doing so takes them entirely out of the course of their original and accepted meaning …

.. It is also the process of , in effect , writing law from the bench . A judge ‘ s job and role in our system is to interpret the law . They are to do so within the constructs of the US Constition . They are to do so only within the US Constition , and not using other legal works , such as UN declarations …

.. [h/t — Newsmax.com]..
.. [link] to the blog news post …

.. there are other examples of judicial activism in D.C. . All she needs to do is to ” look down the hall ” at the U.S. Supreme Court . Ruth Bader Ginsburg is the quintecential judicial activist . One that is more recent is her fellow ObamaCrap appointee , Elena Kagan …

.. judicial activism is a cancer on the body politic and our legal system . It must be stopped , smashed , and then finally be crushed …

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… Er , No ! [#fight for Religious Liberty in D.C.]…

Posted by paulfromwloh on Tuesday,September 20th,2016

.. somehow , even being in the Nation ‘ s capital , the D.C. City Council seems to have not gotten the message …t

.. we have constitutional protections to religious freedom [the First Amendment to the Bill of Rights , duh !]…

.. [h/t — m.NationalReview.com]..
.. [link] to the blog news account …

.. what is the City Council doing ? They are trying to force any person or organization [whether they be for – profit or non – profit] to bend to their legal will . Specifically , they want these groups to adopt standards related to sexual orientation in legal and other matters …

.. it repeals an exemption that existed in law for many decades . Now , the city ‘ s Human Rights Act will control affairs , which is even more sweeping an issue regarding sexual orientation . No , bad move . It should not happen . It must not happen . Congress must step in …

.. Congress has a clear power in the Constitution as regards to the government of the Nation ‘ s Seat of Government . Much of the time , especially with Home Rule , Congress stays out of the way . However , there are times that Congress either needs to or must step in . In this case , Congress must step in , whether POTUS likes it or not ….

…it must do so in this case , and edit D.C. law to ensure that individuals and organizations rights are protected in the nation ‘ s capital . It may end up wrapping in gun rights , as regards Palmer v DC as well , if the D.C. City Council does not get its act together and follow the Home Rule Act , as well as the Constitution and the Bill of Rights ….

— [update] — right now , this one is tied up in court . it will be for  some time , though …

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… A Special Prosecutor is Warranted [BenghaziGate]…

Posted by paulfromwloh on Saturday,September 10th,2016

.. now the evidence has come out .

.. especially with the smoking gun ” e – mail ” ..

.. [h/t — m.NationalReview]..
.. [link] to Dr. Krauthammer ‘ s comments ..

.. I think that something will come of this . It may well get the House Speaker to form a Select Committee , hopefully . More importantly , a Special Prosecutor is warranted for the BenghaziGate affair …

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… What I think [#POTUS and Exec Amnesty (Immigration)]…

Posted by paulfromwloh on Monday,April 18th,2016

.. you would think that there are no court cases out there . There would be no way in order to reverse POTUS ‘ action , and crack down on his antics on misconduct in office …

.. Wrong ! …

.. there is this little matter of Az Dream Act Coalition (sic) v. Brewer . It is a case out in the loonie land of the judiciary , the 9th Appeals Circuit Court . Yeah , that one . So , what is it about ??

.. [h/t — HotAir.com]..
.. [link] to the news article ..

.. when POTUS pulled his stunt on D.A.C.A. (for the Dreamers) , Az Gov Jan Brewer retaliated . She made it explicitly clear that under Arizona law , illegal aliens were clearly ineligible to receive documernts such as Az driver licenses . They were not able to , already . Her E.O. made it more explicit . So , the coalition sued …

.. the Federal District Court in Phoenix said no . However , a 3 – judge panel of the 9th Circuit said yes , that Dreamers could get these government documents , such as driver licenses . Even though AZ law was clear on the subject , that they were ineligible , and thus not allowed …

.. I think that the U.S. Supreme Court could reach down to this court , grab the case , and fast – track it for briefs and arguments at the Supreme Court . Boy , would that set off a circus . It would , in addition to the likely impeachment inquiry that would result from such an order . People will think that potus WILL GO SMALL . iN THIS CASE …

.. in for a penny , in for a pound . I think that Obama will go for ” the gusto , ” and supposedly ” legalize ” as many people as he thinks that he can get away with ….

— [update] — well , His Lordship did do it , just but not as much as I expected . Also , now , Arizona has a new GOP governor [Douglas Ducey] who is just as committed to this case . This case is far closer to the US Supreme Court than anything else , so stay tuned …

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… Emory University has a Real Problem [#free speech][#US Constitution]…

Posted by paulfromwloh on Wednesday,March 30th,2016

.. Emory University has a real problem on its hands . The usual campus ‘ radicals ” are running wild , trying to bring pressure on the school to achieve their usual pet causes . They are also bring more pressure on the school . They want to act to crush any and all campus opposition to their agendas . However , they have a much bigger problem than they realize ..

.. It is legal . It is also constitutional . It is also moral . And those dummies [both the Administration and the radicals] had better wake up ..

.. Emory ” allows ” political speech by the act of those chalk drawings . Admittedly , it is a bit odd . But , they do allow it . As a result , they have to play fair to all sides . I repeat , to ALL sides . That includes the chalk drawing trump 2016conservatives , as well ..

.. [h/t — Reason.com]..
.. [link] to the blog post ..

.. if they allow these drawings , then play fair . Also , no retaliation . None whatsoever . If there is retaliation , especially , there will be repercussions . Most likely , financial . But not just to the University , though . The individuals and groups will be nailed , as well ..

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… Now the ObamaCraps are threatening Border Patrol Agents [#job threats]…

Posted by paulfromwloh on Wednesday,March 23rd,2016

.. the OCs are bad enough . Legislating thru policy . Doing that is patently illegal , especially unconstitutional . But they especially pile it on ..

.. they are threatening Border Patrol agents . You might ask — Why ? and How ? ..

.. well the B.P.s are continuing to enforce the law ” as written . ” Well , to say the least , that really pisses off the OCs . They want to basically ” waive ole ” at the border , and tell the illegals to come on in . They also want the illegals to be caught , then released . The BPs are refusing to obey the illegal orders . They are enforcing the law , as written , and jailing the illegals . This forces the OCs to use the immigration courts , or even the federal courts , to free the illegals . Poetic Justice indeed ..

.. [h/t — Breitbart.com(Texas)]..
.. [link] to the blog post ..

.. remember , Texas v. U.S. is now in front of SCOTUS . The justices , like everyone else , are aware of the stakes . Now there will be a confirmation battle over Scalia ‘ s replacement . How the case resolves itself will be interesting ..

.. It could well be a 5 – 3 or 6 -2 ruling . My guess would be 5 – 3 . It would mean the 4 remaining conservatives are joined by Steven Breyer . If it is 4 to 4 , it will announced as being held over . There will be no choice .The stakes are too high ..

.. it should be an 8 – 0 decision ..

Posted in congressional intent, constitutional opinion, judgement (moral), personal opinion | Leave a Comment »

… Something to Remember [#D.A.C.A.]…

Posted by paulfromwloh on Saturday,February 27th,2016

.. the D.A.C.A. issue is no Congressionally authorized program …

.. it is a creation of the Executive branch , courtesy of His Lordship …

.. [h/t — CBSWashingtonDC.com]..
.. [link] to the news story …

.. ergo , there is no legal authorization for this . None whatsoever , contrary to the 9th Appeals Courts belief . Ironically , it is the court case appeal in that court [Az DAC v Brewer] which is going to sink D.A.C.A. and Obama ‘ s other monkeyshines …

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… The F.C.C. has not Gotten the Message [#internet regulation]…

Posted by paulfromwloh on Friday,January 1st,2016

.. you would think that the Federal Communications Commission [the F.C.C.] would have gotten the message , by now .

.. Congress has said no to ” Net neutraility . ” Twice . Also , the federal appeals courts [the D.C. Circuit Court , to be specific] has also SAID ” no ” to ” Net Neutrality . ” Twice more …

.. well , I guess that it is time for Round 3 …

.. [h/t — CNSNews.com]..
.. [link] to the news article ..

.. ISPs and other companies will not stand for this . There will be a huge bi – partisan majority in Congress to overrule the F.C.C. . Not only that , they will act to amend federal law to specifically state that the Internet is NOT a public utility , and that ” Net Neutrality ” is not the will of Congress …

.. either this bill or the Iran Sanctions bill will be the first one in which His Lordship ‘ s veto is overridden …

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… I think Racial Preferences may be Dead [#college admissions]….

Posted by paulfromwloh on Thursday,December 17th,2015

.. if the arguments at SCOTUS are any indication , I believe that this case means that racial preferences are a dead issue

.. the battle over racial preferences in college admissions has been a lengthy one . It has extended for more than 65 years . More recently , Greuzer v. University of Michigan gave a limited exemption for undergraduate college admission . Except that it was only for a short period of time ..

.. Nor is this case new , either . Fisher v. Univ. of Texas worked its was up to SCOTUS in 2013 . No , back then I did not take a position on it ., at the time . Well , I am going to do so now ..

.. [h/t — NewYorkTimes.com]..
.. [link] to the blog post ..

.. I have never liked racial preferences . No , I have not been directly been affected by them , not at any time . But a family member of mine [my sister] has been by this stuff . She has been affected several times by racial preferences throughout her teaching career . ..

.. No , she does not like them , either . She believes in the fundamental fairness of competing on merit , not on a statistic . You should not be preferred due to the colour of your skin …

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… Ruth Bader Ginsberg is a Radical Activist [#Supreme Court Justice]…

Posted by paulfromwloh on Monday,December 7th,2015

.. How this ultraliberal witch was confirmed was beyond me …

.. She was nominated and confirmed by Bill Clinton [and the USSenate] in the early 1990s . She was , at the time , a lead A.C.L.U. legal counsel . So , there you are …

.. you look at her rulings down through the years , and you wonder ? Why did the GOP vote for her confirmation ? She should have been blocked . She has no business being a Supreme Court justice …

.. [h/t — HuffingtonPost.com]..
.. [link] to the opinion piece …

.. hopefully , God Willing , she will be replaced by a GOP president . Preferrably , by a conservative one . The more conservative , the better … It would be a pleasure to watch the liberal DemoCRaps have a hissyfit over the confirmation of her successor . It would be poetic justice , especially if she had died in office …

.. hopefully , a strong and stout young conservative will begin to restore sanity and reason to the bench …

— update — if Ginsberg [given her age and health] decides to step down , it will make for one hellish confirmation battle . POTUS will want to make his imprint on the Supremes , no matter what party controls the Senate . The problem is if POTUS nominates someone that is not confirmable , even by the DemoCraps . Even they may not be able to tolerate a radical activist …

.. if she does it in 2016 , then there will be no confirmation battle at all . The GOP will simply not confirm anyone , even for an Associate Justice slot on the Supreme Court . If , as I expect , the GOP sweeps through to victory in 2016 , then they get to appoint the replacement …

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… A Clear Ruling on Gun Rights in D.C. [#not a big surprise]…

Posted by paulfromwloh on Tuesday,May 26th,2015

.. Federal District Court Judge Frederick Scullin strikes again ..

.. and , once again , the political leadership in the District ends up looking like a bunch of damn fools ..

.. a new case came up . No , it is not the original one [Palmer v. D.C.] , which struck down the District ‘ s clear gun rights ban . This one is much different . It was brought by 4 individuals , each of whom wanted to own a gun in the District of Columbia . As you might expect , the District ‘ s P.D. [under the new restrictive ” may issue ” gun law ] refused to issue each of these individuals a license to own a gun …

.. Big problem for the District , however . The U.S. Constitution allows for individuals to own and ” bear ” arms . Plain and Simple . Also , no ” Mother , may I ” about it …

.. [h/t — HotAir.com]..
.. [link] to the blog news post ..

.. so , Judge Scullin struck down the District ‘ s ” good reason ” standard , stating …

“This conclusion should not be read to suggest that it would be inappropriate for the District of Columbia to enact a licensing mechanism that includes appropriate time, place and manner restrictions on the carrying of handguns in public,” Judge Scullin said in his ruling. “The District of Columbia’s arbitrary ‘good reason’/’proper reason’ requirement, however, goes far beyond establishing such reasonable restrictions.”

“Rather, for all intents and purposes, this requirement makes it impossible for the overwhelming majority of law-abiding citizens to obtain licenses to carry handguns in public for self-defense, thereby depriving them of their Second Amendment right to bear arms.”

“Rather, for all intents and purposes, this requirement makes it impossible for the overwhelming majority of law-abiding citizens to obtain licenses to carry handguns in public for self-defense, thereby depriving them of their Second Amendment right to bear arms.”

Well, that was the point. The district’s establishment wants to make it impossible or very nearly so for law-abiding citizens to exercise their rights in the nation’s capital, and they calculated this law to leave themselves enough room to guarantee it. This particular effort was so bad, though, that it was doomed to failure, and should embarrass everyone associated with it. The law essentially said that constitutional rights can be rationed by government only on the basis that government sees a “good reason” to allow it. I’m pretty sure that’s not what the framers of the Constitution had in mind with the Bill of Rights.

The city tried to argue that the “good reason” requirement was connected to public safety, but Scullin rejected the argument :

While, as stated, Defendants argue that the District of Columbia’s “good reason”/”proper reason” requirement relates reasonably to its interest in preventing crime and protecting public safety, they have not established that relationship.

The fact that an individual may be able to demonstrate a greater need for self-protection, and therefore meets the “good reason”/”proper reason” requirement, does not indicate, in any way, whether that person is less likely to misuse handguns or may be less dangerous. See Drake, 724 F.3d at 454 (Hardiman, C.J., dissenting). Nor does the District of Columbia’s “good 12 reason”/”proper reason” requirement make it less likely that those who meet this requirement will accidently shoot themselves or others or engage in criminal activity than those who cannot meet this requirement. See id. The fact that a person may have a greater need for self-protection says nothing about how limiting the carrying of handguns to such individuals would result in a reduction of risk to other members of the public or reduce violent crime. Is the Court to conclude that people who do not have a heightened need for self-protection are more likely to commit violent crimes?

Furthermore, even if the Court were to accept the proposition that handguns are used disproportionately in the commission of violent crimes, how is that use related to whether or not a person has a greater need for self-protection? Moreover, isn’t it possible that even persons who cannot manifest a present need for self-protection are just as likely to be victims of a violent crime.

.. first Palmer , now this case . It is only a temporary injunction , but it is an injunction . To get one , you have to show  a very strong likelihood that you will ” win on the merits . ” This one may well skip the D.C. Appeals Court , and go right to the U.S. Supreme Court ..

.. I certainly would hope so ..

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… Nice Going , Dummies [#Univ of Ok]…

Posted by paulfromwloh on Friday,March 13th,2015

.. you might wonder , why ?? …

.. because , in this day and age , in particular , even idiots and bigots have rights …

.. even more so because of the wAY The ObamaCraps are abusing the University disciplinary system . They are tryii ng to rig it for their own evil and disgraceful purposeses .So , you cannot just sit back and take things lying down …

.. remember the recent rape episode at the University of Virginia ? Eh , I thought that you might . An entire fraternity got railroaded by the system , until the news article that spawned it [in Rolling Stone , I think] was thoroughly discredited …

.. [h/t — m.NationalReview.com]..
.. [link] to the blog news …

.. I am a proud fraternity man and graduate . I am a Sigma Phi Epsilon man , thank you very much . So I am very , very proud of the Greek system and what it represents .

.. these idiots are bigots , pure and simple . They deserve to be shunned . Whether they deserve to be kicked out of the University of Oklahoma is another matter , entirely . By the by …

.. O.U. is a state school . So , these guys have rights . Yeah , even bigots have rights , even the right to make a colossal idiot of themselves . However , if you want to get rid of them , then do it by the rules . You do not summarily dismiss them , as O.U. President David Boren has done . That move has opened O.U up to a honey of a damage suit …

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… Today is A – Day [#Argument Day]…

Posted by paulfromwloh on Wednesday,March 4th,2015

.. yep , it is Argument Day .

.. today , arguments are held at the U.S. Supreme Court in the case of King v Burwell . Yep , it is another ObamaCrapCare care ..

.. except in this case , it is damn serious . Given the actions of the Government , and , in particular , the Infernal Revenue Service , it is absolutely critical ….

.. the Government feels that they can re – write and re – interpret statutes as they see fit . No , they cannot . The precedent that was set in the ruling Chevron v NRDC [commonly called ” Chevron Deference] . The government has some latitude , but only so much latitude in calling a spade a spade . In other words , they cannot engage in creative writing by rewriting and reinterpreting a statute …

.. Professor Jon Adler [of CWRU] and Michael Cannon [of the Cato Institute] really hit a home run when they did the ground – breaking research on their paper . They really hit the nail on the head . The government went too far …

.. now , it is up to the U.S. Supreme Court . One part of the decision is to make the tough decision . The Government royally screwed up . Someone needs to hold them to account for it . The other is to actually hold the government to account …

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… Earth to Massachusettes [#pro – life case]…

Posted by paulfromwloh on Wednesday,August 13th,2014

.. haven’t you dummies heard of McCullen v Coakley ? Duh !! ..

.. passing another pro – death anti – speech zones bill ? ..

.. [h/t — theRightScoop]..
.. [link] to the blog news ..

.. Un – Uh … It will be tossed by a court in your local jurisdiction . Well , it sure as hell should be ..

.. if not , it will be by the 1st Circuit Appeals Court , you dummies …

.. the US Supreme Court decision was unanimous . 9 to 0 . Get the point . You can have a ” buffer zone ” law , yes . But having something like was proposed in the new state law ? No , not even close . Something that especially that is content – based …. the Supremes have said that that manuveur is a very very big no – no …

.. [h/t –– MassLive.com]..

.. [link]–to the news piece ..

.. nice try , pro – death crowd …. try again …

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… Great News on Gun Rights [#Peoples Republic of D.C.]

Posted by paulfromwloh on Sunday,August 3rd,2014

.. yes , it is free .

.. our nation ‘ s capital is now no longer a gun free zone ..

.. for many years , the District of Columbia has had one of , if not the fiercest gun grab laws in the country . You simply could not carry a gun on the streets of the District for ANY reason , for more than 50 years ..

.. [h/t — LegalInsurrection]..
.. [link] to the legal opinion ..

.. it will be interesting to see what the D.C. city government decides to do . This case is in federal court , not the captive courts of the District , and would go up to the D.C. Circuit Court of Appeals , where both Heller and McDonald originated . I think that the government wants to appeal this , and maintain their precious gun ban , but the gun grab groups may well be having second thoughts ..

.. First , this one has to go to the D.C. Circuit Court of Appeals . It now has a more stacked 7to4 democrap majority , but Heller and McDonald are binding precedent . They just may well try to mess with them, surprisingly enough . Doing so , though , would piss off the Supremes ….

.. Heller and McDonald were decided 6 to 3 , not 5 to 4  , so they are not slim majorities . The gun – grab groups may not want to risk setting a nationwide case precedent . Drake v. Jerejian might be one case . Moore v Madigan might be another case . Palmer just may be a case were  the gun grab groups are stupid enough to push it up the way , and have it blow up in their faces  ..

.. especially when the definition of ” bear ” arms comes from , not a majority opinion , but a dissent , and of all people , from Justice Ginsberg in a dissent in another case …

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… the Think Tanks will agree with Me …

Posted by paulfromwloh on Friday,June 20th,2014

.. this screwball Executive Order of POTUS is unconstitutional .

.. [h/t — theRightScoop]..
.. [link] to the analysis …

.. before the think tanks can cost this thing out , they will have to determine whether or not that it is legal . I believe that it is not legal , that it is completely and totally unconstitutional …

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… This One could get Interesting [Supreme Court case // IRS powers]…

Posted by paulfromwloh on Sunday,May 11th,2014

.. this one is not about a request for information .

.. this one comes in the normal course of doing business , including in the performance of an audit or an examination . It is done all of the time …

.. what it is about is the next step in the process , a summons . This one carries legal teeth . In effect , it is a subpoena . It carries the same effects as one . These are usually approved by courts as a matter of course …

.. The Infernal Revenue Service is not used to people balking at summons . Those ” hush puppies ” have teeth . But , they can be challenged .

.. [h/t — TAS]..
.. [link] to the blog news ..

.. this one is about a taxpayer challenging the legality and authority of an IRS summons . I am guessing that the Service is plenty surprised by this . But , the taxpayer is right , in this case . the Service has to have legal authority for the summons ..

.. when a taxpayer decides to due this (go to war with theService) , they are getting themselves a world of trouble . I am presuming that this fellow has a tax lawyer , and , in addition , a good appeals lawyer , to boot . But , they should be darned sure of their position , If they are , then go to it . The Service has to have a legal basis for what it is doing .

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… the Death Penalty is Constitutional …

Posted by paulfromwloh on Wednesday,May 7th,2014

.. so , get over it , folks ..

.. yes , there are problems . Oklahoma goofed on the execution of Clayton Lockett the other day . He gets sympathy , while there is scarcely any mention of his crime , or why he was on death row in the first place …

.. Lockett was a murderer . He murdered a 18 year old young teenage girl , with his co – horts helping him to bury her A-L-I-V-E . She suffocated to death , folks . Can anyone imagine a more horrific way to die , especially with mortal wounds , as well . Let ‘ s not forget about her , too

.. the Death Penalty is neither cruel nor unusual . We have determined as a society that there are crimes that are so disgusting and so heinous that the ultimate sanction , the death penalty , is warranted .

.. In some cases , the evolution of our society has restricted the Death Penalty , somewhat . We no longer execute the mentally retarded . We also do not execute minors (those under 18 years of age .) . So , while some things have changed , we still want the ultimate penalty to exist and be used …

.. remember the victim . her name  was Stephanie Neiman . She had just graduated high school just 2 weeks before the day that she was murdered . You can better believe it that she suffered …

Stephanie Neiman was proud of her shiny new Chevy truck with the Tasmanian Devil sticker on it and a matching “Tazz” license plate. Her parents had taught the teenager to stand up for “what was her right and for what she believed in.”

Neiman was dropping off a friend at a Perry residence on June 3, 1999, the same evening Clayton Lockett and two accomplices decided to pull a home invasion robbery there. Neiman fought Lockett when he tried to take the keys to her truck.

The men beat her and used duct tape to bind her hands and cover her mouth. Even after being kidnapped and driven to a dusty country road, Neiman didn’t back down when Lockett asked if she planned to contact police.

The men had also beaten and kidnapped Neiman’s friend along with Bobby Bornt, who lived in the residence, and Bornt’s 9-month-old baby.

Stephanie-Neiman

Steve and Susie Neiman asked jurors to give Lockett the death penalty for taking the life of their only child, who had graduated from Perry High School two weeks before her death.

Lockett later told police “he decided to kill Stephanie because she would not agree to keep quiet,” court records state.

Neiman was forced to watch as Lockett’s accomplice, Shawn Mathis, spent 20 minutes digging a shallow grave in a ditch beside the road. Her friends saw Neiman standing in the ditch and heard a single shot.
Lockett returned to the truck because the gun had jammed. He later said he could hear Neiman pleading, “Oh God, please, please” as he fixed the shotgun.

The men could be heard “laughing about how tough Stephanie was” before Lockett shot Neiman a second time.

“He ordered Mathis to bury her, despite the fact that Mathis informed him Stephanie was still alive.”

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… Nice Going , Dummies [ObamaCrapCare blunder] …

Posted by paulfromwloh on Tuesday,April 29th,2014

.. oh , you go with the ObamaCraps ..

.. you get what you pay for ..

.. or , what is not supplied ..

.. [h/t — RedState]..
.. [link] to the blog news ..

.. even with the outrageous rates , limited networks , and bureaucratic messes , it could be worse ….. Worse ??

.. it is the extremely narrow networks that are allowing the exchanges (for now) to keep ObamaCrapCare cost increases slowed down . Given the lack of control over demand , what do you think that they will do now ? …

.. You got it …

.. screw around with the networks …

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… His Lordship may have the Power …

Posted by paulfromwloh on Monday,April 28th,2014

.. but it does not mean that it is right ..

.. my understanding is that His Lordship (Obama) is planning to grant clemency (possibly even reprieves , or even pardons) to hundreds , thousands , possibly even tens of thousands of criminals . Well , under the U.S. Constitution , he does have that power ..

.. it does not mean that it is right ..

.. [h/t — theRightScoop]..
.. [link] to the interview footage [interview of Andrew McCarthy by Megyn Kelly on FNC’ s ” the Kelly File . ”

.. more to come on this one …

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… No , You Damn Idiot [John Paul Stevens and the Second Amendment]…

Posted by paulfromwloh on Sunday,April 27th,2014

.. yea , you heard it right ..

.. I am calling a retired Associate Justice of the United States Supreme Court a damn idiot ..

.. [h/t — Newsmax]..

.. [link] to the blog news ..

.. John Paul Stevens should damn well know better . I certainly do .

.. The Amendments to our Constitution were a political deal . Yes , you heard that right . They were promised as a part of the ratification process of the Constitution , in the first place …

.. the Constitution was having troubles being accepted and ratified , in particular in the state of New York . Promises were made as a result of the ratification conventions that were held in each state to ratify the document . The folks who were participating in those gatherings were folks who were either already in state government , or who were likely to be in the new federal government . Yes , these promises were made to amend the document to add changes to it …

.. these changes would eventually become known as our Bill of Rights . It is because they were added in , not because they were collective guarantees . They were added in as guarantees of individual rights , not collective or group rights . It is the same with the Ninth  and Tenth Amendments , except those do apply via individuals through the state governments to protect the states from the overreach of the Federal Government …

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… John Gizzi is Right …

Posted by paulfromwloh on Tuesday,April 22nd,2014

… and , it is not the amount of money that is important in campaign donations …

.. it is the right to make that donation that is the most important . That is what makes the campaign contribution turn into a First Amendment – protected object of speech ..

.. [h/t — Newsmax]..
.. [link] to the news report …

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… Yea , but What Will They Propose Now [IRS Rule — 501c groups]…

Posted by paulfromwloh on Tuesday,April 22nd,2014

.. yea , this is more than a little bit important ..

.. but , take it with a grain of salt .

.. [h/t — HotAir]..
.. [link] to the blog news ..

.. the question is , what is coming down the pike . The previous proposal was horrendous , and , most likely , unconstitutional . The Service is , right now , under an electron microscope [yea , that is as powerful as it gets] …

.. the Infernal Revenue Service does want more money for enforcement . Normally , it would likely get it . Right now , these are not normal times . People of all stripes are really pissed off at the Service . Its popularity is at an all – time low . Its political bigotry level is at an all – time hight . And they want more money for enforcement ? Un – uh …

.. those civil suits are eventually going to unveil a lot . Discovery under the supervision of a federal district court judge is usually quite helpful . The thing is , I suspect , that a number of the folks bringing suit [including the A.C.L.J. , and others] are beginning to work together , pooling their discovered info , so that they do not overlap and waste resources . It will roast the Service on a spit , and reveal a lot . It could even result in the appointment of a special master to investigate the Service [federal judges can do that] …

.. it will pressure Main InJustice for the appointment of an Independent Counsel . Someone may even push Injustice with a Mandamus action to force it to act , or a U.S. Attorney may even pick up the ball . The ObamaCraps can stall , but not forever …

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… Where the Government has a Problem with the Bundys [in Nevada] …

Posted by paulfromwloh on Monday,April 21st,2014

.. I have not said much on the Bundy case , principally because I did not know all that much about it …

.. to be honest , I am still unsure about the case . Cliven Bundy may well be in the wrong legally , and maybe not . I will explain why below … Politically , he has humiliated the Federal Government . The ObamaCraps , the Reids , and their minions have looked extremely stupid in all of this . Yes , there will be a cost to it , especially to ” Dingy Harry ” Reid .. He deserves it , given the way that he has behaved like a gigantic bully in all of this …

.. legally , normally , the government is in the right , for the most part . the Bundy family does (or should) owe the government money for grazing fees . The how much is the point of the dispute …. However , ….

[-] one problem is homesteading … Yea , homesteading , believe it or not . It goes back several generations , because homesteading was not formally ended by Federal law until the late 1970s . Cliven Bundy ‘ s ancestors have and probably should homesteaded land in Nevada . So , the Bundy family likely has quite a spread of land there in Clark County . I wonder how big , and how much of it they homesteaded …

[-] adverse possession — this one is the much bigger sticky wicket . If you are in effective possession of your neighbor ‘ s land [even if the neighbor is the Feds] , and the neighbor does nothing about it , you pay the taxes , it is publically known , basically you can file a special deed claim on the land for ” adverse possession . ” This one is where the Bundys I believe have a far stronger case against the Federal Government …

[-] the land in Nevada is originally the Feds — to be honest , it is — Unlike California and Texas , who came in to the Union [via annexation] as ” independent republics , ” and that land was originally the state ‘ s title . Nevada , Arizona , New Mexico , and Utah are different . They came into the Union after having been created as terrirories out of the gains the U.S. made during the Mexican War [1848-1850] …

.. the Treaty that Mexico signed (Guadelupe – Hidalgo , I think) ceded the land to the United States . That means it went to the Federal Government , not the States . They had not been created or had been admitted , yet .

[-] Ironically , Nevada was lucky — Nevada was admitted early , probably before it should have been , because its population was not quite enough . It was part of the popular highjinks that Congress pulled in 1864 along with the creation and admission of West Virginia , and Abe Lincoln ‘ s need for free state electoral votes (because of George McClellan ‘ s challenge as a DemoCrap) ..

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… No , You Idiot [on Voter IDs] …

Posted by paulfromwloh on Sunday,April 20th,2014

.. POTUS has to be out of his mind ..

.. having citizens use IDs in order to vote helps to preserve democracy ..

.. [h/t — Newsmax]..
.. [link] to the blogpost ..

.. how he can claim otherwise is beyond me . The problem is that Obama is an evil and narcissistic bastard . He is an Alinskyite , and that is all that he knows …

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… DemoCraps gone Crazy [on Gun Rights]…

Posted by paulfromwloh on Sunday,April 20th,2014

.. yes , there are Dems that have lost their marbles ..

.. now these dummies want to confiscate your right to buy weapons (from overseas) . It is easily clear that arms manufacturers may be regulated , but they cannot be stopped from doing business in this country . It gets more interesting when one is dealing with importing weapons from overseas …

.. the buyer and the importer can be regulated , but they cannot be stopped from doing business . The question is from the other end . The Second Amendment stops , unfortunately , at the waters ‘ edge , as I best understand it ..

.. [h/t — TruthRevolt]..
.. [link] to the blog post …

.. these loons want to ban the import of weapons over a certain size . I think that the loons have lost it trying to stop people and businesses trying to import weapons . Unless those weapons are specifically , legally , and constitutionally banned , then you cannot ban them …

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… Holding Children Responsible for the Parents ‘ Debts …

Posted by paulfromwloh on Saturday,April 19th,2014

.. when it comes from an overpayment (in this case , from the Social Security Administration) …

.. so , what exactly did the government do ? One arm [the S.S.A.] sent notice about the debt to another arm [the I.R.S.] . The Infernal Revenue Service prompty seized the money from her tax refund ..

.. [h/t — HotAir]..
.. [link] to the blog news ..

.. one problem was that the supposed debt was only about $2,700 . The amount of the tax refund was about $4,400 . So the government took the whole thing … the next was the stunt that the government did to lift the statute of limitations …

.. let me reproduce a segment of the blognews from the HotAir post , so that you understand …

When [Mary] Grice was 4, back in 1960, her father died, leaving her mother with five children to raise. Until the kids turned 18, Sadie Grice got survivor benefits from Social Security to help feed and clothe them.

Now, Social Security claims it overpaid someone in the Grice family — it’s not sure who — in 1977. After 37 years of silence, four years after Sadie Grice died, the government is coming after her daughter. Why the feds chose to take Mary’s money, rather than her surviving siblings’, is a mystery…

“It was a shock,” said Grice, 58. “What incenses me is the way they went about this. They gave me no notice, they can’t prove that I received any overpayment, and they use intimidation tactics, threatening to report this to the credit bureaus.”…

Social Security officials told Grice that six people — Grice, her four siblings and her father’s first wife, whom she never knew — had received benefits under her father’s account. The government doesn’t look into exactly who got the overpayment; the policy is to seek compensation from the oldest sibling and work down through the family until the debt is paid.

SSA insists that they did send notice — to a P.O. Box that Grice hasn’t owned for 35 years, even though they have her current address.

How can they demand restitution for a mistaken payment made in the late 1970s, let alone from someone who didn’t even receive it? Because: The farm bill that passed in 2011 lifted the 10-year statute of limitations on debts owed to the feds. Treasury has collected more than $400 million since then on very old obligations, many of them below the radar of public scrutiny because the amounts are often small enough, i.e. a few hundred dollars, that the targets find it’s cheaper to pay up than to fight. It’s a shakedown, based on the flawed assumption that a child not only must have benefited from the overpayment to his parent but that he/she received the entirety of the benefit, with little proof offered that the debt even exists. (One man who was forced to pay demanded a receipt from SSA affirming that his balance was now zero. The SSA clerk told him he’d put in the request but that the man shouldn’t expect to receive anything.) The only reason you’re hearing about Grice’s case, I think, is because they went after her for thousands, not hundreds, of dollars, which was enough of a hit to make her get a lawyer. Turns out that the feds had seized and then continued to hold her federal and state refunds, an amount greater than $4,400 — even though they were only demanding $2,996 from her to pay off her father’s debt. Lo and behold, once WaPo found out and started asking questions, the $1,400 excess was promptly returned to her. Amazing how fast bureaucracy can move when someone looks behind the curtain.

The whole thing is Kafkaesque — opaque, oppressive, arbitrary, and sinister in its indifference to making sure the right person pays so long as someone does. After reading the story, it’s not obvious to me what’s stopping Treasury from demanding a payment from every taxpayer whose parents are dead. If the chief witnesses are gone and the feds don’t have to prove that a child actually received any benefits from overpayment, the only “check” on this process is SSA’s willingness to tell the truth about who owes them money and how much. You trust them, don’t you?

.. LEC here again :

.. so , you understand the basic gist … Kafkaesque – sounding , doesn’t it…

.. another cheap stunt is the change in the statute of limitations for old debts , and slipping it into he farm bill . That is a very serious legal problem for the government . It is also unconstitutional . What the gowas make a change in the law that was ” ex post facto . ” Basically , you have reinstated a debt that expired by the statute of limitations [in the 1980s , in their case] , and misused the law to reinstitute it …

.. It does not matter whether it is a criminal matter or a civil matter . Doing that action ” ex post facto ” is an unconstitutional act . So , they should challenge it , and have it struck down …

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… Bombs Away (from Judge Jeanine) …

Posted by paulfromwloh on Thursday,April 17th,2014

.. you can tell that Judge Jeanine Pirro is not a fan of the ObamaCrap Administration . She is especially on the case of the buttkissers who work and slave away for His Lordship …

.. on this segment , Judge Jeanine tees off on former Deputy CIA Director Micheal Morrell . She is harsh on Morrell , especially for his antics involving the talking points and conspiring with the ObamaCrap campaign to defraud the American people of what they deserve : the truth …

.. [h/t — theRightScoop]..
.. [link] to the show introduction …

..

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… Time to Go to School [#5th Amendment Rights waiver] …

Posted by paulfromwloh on Thursday,April 17th,2014

.. guys and gals , this guy is a keeper .

.. Trey Gowdy is fantastic . He is also a former prosecutor . So , he knows more than a little bit about suspects and ” people of interest . ” It seems that the DemoCraps , from their behavior , could not care less …

.. maybe they should . It appears that Gowdy is an excellent schoolteacher , as well …

.. [h/t — theRightScoop]..
.. [link] to the hearing segment ..

.. I am not a lawyer , and Gowdy ‘ s arguments were very simple and easy to understand . So , [ring] , [ring] , time for school …

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… Welcome to the Party , Breitbart.com ! …

Posted by paulfromwloh on Tuesday,April 15th,2014

.. now Breitbart media has joined the boycott party ! …

.. thank God for that ..

.. Breitbart Media has followed RedState.com in boycotting Mozilla . Users trying  to access Breitbart from Mozillawil note that significant parts of headlines and stories are censored . You may wonder why ?….

.. [h/t — TruthRevolt.org]..

.. [link] to the blog news

. former Mozilla CEO Brendan Eich is the co – inventor of JavaScript , which is a key piece of how the current state-of-the-web works . It is giving Mozilla users a taste of their own medicine . They deserve it ,

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