Podcast – Blasey Ford Gets an Award – Judge Meddles with Gun Rights

by: Brent Smith at the Common Constitutionalist

Christine Blasey Ford is nominated for a distinguished achievement award by her alma mater, UNC, Chapel Hill. Not for her work, who according to the professor nominating her, is not at all that extraordinary, but because she spoke “her truth.” Not the truth – just her truth. And today that’s apparently good enough.

A Montana State judge granted to the city of Missoula, the right to require additional background checks for gun purchasers within their city limits, despite the State of Montana insisting they have no right to do so. read more

Video Podcast – Schools Need a Lesson on the Fourth Amendment

by: Brent Smith at the Common Constitutionalist

A civil liberties attorney has a problem with two Indiana public high schools. The schools announced that they will randomly drug test 10 students who wish to engage in extracurricular activities, for 10 drugs.

The attorney claims this is a Constitutional violation under the Fourth Amendment.

Surprise, surprise – I agree, because it is and in today’s podcast I explain the reason why. read more

Democrats Sue Trump Over Sour Grapes

The dems will never be willing to accept the outcome of the 2016 election. The will never accept Trump as the President.

from the American Spectator:

Two hundred Congressional Democrats determined to take down the Trump presidency are suing in federal court, claiming the president is violating a provision of the U.S. Constitution. This lawsuit lays out the Democratic Party’s roadmap to impeachment.

Friday a federal judge gave the lawsuit the go- ahead. Democrats are suing based on the Constitution’s obscure “emoluments clause.” They’re intent on making “emoluments” a household word.

What’s an emolument, anyway? It’s a gift that could be used to bribe an official.

The Constitution bars U.S. officials from taking “any present, emolument,” title or job from foreign governments. “If discovered,” framer Edmund Randolph explained in 1788, the president “may be impeached.” The framers wanted to prevent bribery and influence buying. read more

Ben Sasse’s Schoolhouse Rock

by: Brent Smith at the Common Constitutionalist

Something constructive actually happened during the first day of Senate hearings on the confirmation of Brett Kavanaugh.

Senators from both sides of the aisle got a chance to speak. Most speeches were just bloviating nonsense. However one was most certainly not.

Nebraska Senator Ben Sasse (R), actually took the time, not to preach, but to educate.

I’ve not been a huge fan of Sasse in the past, but I have new found respect for this politician who knows how are government was originally supposed to work and how it became the purposely dysfunctional mess we see today. And he was able to effectively communicate this for all to understand.

This is an absolute must-see for anyone who, A: doesn’t understand the function of the three branches of government – the Executive, the Legislative and the Judicial, and B: doesn’t fully grasp exactly how we ended up so far afield from the founder’s vision of federalism.

This video is one of the most productive uses of 11 minutes and 50 seconds I can think of, and I encourage you to consider having your children watch with you.

Enjoy the video – I did: read more

We Must Resist Antifa’s Propaganda

On Sunday, a relatively small group of white nationalists, under the banner of “Unite the Right,” chose to make an ostentatious celebration of the anniversary of their rally in Charlottesville — the one in which one of their number killed a counterprotester with his car. This time, they protested directly in front of the White House. read more

Is it Time for Congress to Shutter the Ninth Circuit Court?

The Ninth Circuit Court of Appeals is, in recent history (1994 – 2015), the most reversed federal court of appeals. 

According to Article I, Section 8, Clause 9, “The Congress shall have the Power To: constitute Tribunals inferior to the supreme Court;” which by logical extension would mean they also have the power to dissolve them as they see fit.

With this latest demonstrably absurd ruling, is it time for Congress to act, dissolve and reconstitute the Ninth Circuit?

from Conservative Review:

Ninth Circuit allows Mexican citizens to sue American Border Patrol agents

Just when you thought the stolen sovereignty and erasing of our borders by the Ninth Circuit couldn’t get worse, well, another court opinion comes out.

It’s bad enough that foreign nationals can invade our border, make demands on our agents, demand welfare, demand schooling, be counted in the Census, and claim citizenship for their children. Now foreign nationals can sue our border agents for doing their jobs and protecting us from the perils they foist upon our brave men and women. read more

WND Exclusive – How the Founders Failed to Prevent Judicial Activism

Dan “bag-a-donuts” Bongino was filling in on the Mark Levin radio program this past Wednesday. For those unfamiliar, bag-a-donuts is Dan’s “catch phrase.” He uses it to describe the “everyman.”

I love this guy, because he is the everyman. He’s smart but plainspoken, like a lot of us.

He was speaking of his confusion regarding the left. They claim, he says, to be so concerned that if Judge Brett Kavanaugh is confirmed to the Supreme Court, Roe v Wade instantly will be overturned – like the next day or something.

And Dan asks, if the left really thinks abortion on demand is settled law, why should they worry? read more

Is Brett Kavanaugh the Best of the Best?

by: Brent Smith at the Common Constitutionalist

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Supreme Court Justices are said to be the best of the best. This should make a President’s selection relatively easy.

Brett Kavanaugh may end up being that guy. And therein lies the rub – the fact that he “may” be the one – or he may not.

So why do I say this should be an easy job for any President? Let me lay it out.

A President compiles a list of candidates, which Trump did. He should then take a look at the Justices job description and make his selection from candidates that best fit the description.

In short, the supreme Court job description is what the oath of office describes. There are two oaths of office a Justice make choose to recite.

The first, and truncated version, is the traditional oath (albeit updated in 1990), which reads: “I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States. So help me God.” read more

WND Exclusive – There’s Only 1 Choice for Supreme Court Justice

The problem a president has with any court nominee is transparency. Until your choice actually begins ruling on cases, you can never be sure he or she was what you imagined them to be. By that time, as we know, it’s too late. As these are lifetime appointments, he and we are stuck with them, many times suffering disastrous consequences of a wrong choice.

Recent history is replete with Republican “wrong” choices, from David Souter to John Paul Stevens, Sandra Day O’Connor and, of course, Mr. swing-vote, Anthony Kennedy.

We cannot afford to replace Anthony Kennedy with another Anthony Kennedy, or worse. read more

Kennedy’s Retirement Sends Leftists into a Depressive State

by: Brent Smith at the Common Constitutionalist

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Justice Anthony Kennedy is retiring from the United States supreme Court on July 31, 2018. Gee – you may have heard. If you haven’t, you must be living on another planet.

It took almost no time for the left to go into melt down mode. Justice Kennedy personally delivered his resignation letter to the White House on Wednesday afternoon, and by 2:01 PM, ThinkProgress had already posted a lengthy article bemoaning the fate of the nation. It’s almost as if they had prewritten it and were waiting for the announcement. Kind of like writing an obituary before the person croaks. And it was also kind of like an obituary for the progressive left. Sweet music!

Reading the ThinkProgress piece entitled, “The horrifying consequences of Justice Kennedy’s retirement,” is like conservative porn.

They begin by rehashing the 2016 presidential election and how it was stolen. When conservatives claim the left is still obsessed with and will likely never fully recover from Trump’s drubbing of Hillary, you can take it to the bank.

Reading their account is delicious and similar to how I feel when viewing a replay of a football game when, no matter happens during the game, I know that my team ultimately prevails. I mean except for this last Super Bowl.

Then they list a few of their biggest worries. First was the sacrosanct right of every American woman to murder her children – otherwise known as Roe v Wade. read more