Category Archives: Supreme Court

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Homeless Street Camping Now a Constitutional Right

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from the Blaze:

SCOTUS lets 9th Circuit ruling stating that homeless people have a constitutional right to camp on public property stand

35 percent of America’s homeless lived unsheltered in 2018

The Supreme Court will not take up a case that asks whether or not the U.S. Constitution prevents homeless people with nowhere else to go from being ticketed for camping in public areas.

The case, which was brought to the 9th Circuit Court of Appeals by a group of six current or former homeless people, challenges a Boise, Idaho, ordinance that prohibits the homeless from sleeping on public property, even if they have no other shelter to go to. The petitioners claimed that the statute violated their Eighth Amendment protection against cruel and unusual punishment, and the federal appeals court agreed with them, affirming a lower court’s ruling against Boise’s camping ordinance. read more

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The Left’s Bill of Wrongs

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by: Brent Smith

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The Atlantic wrote recently of, “an obscure New York City ordinance governing how firearms owners could—note the past tense—travel with their weapons.”

Under this law, “New Yorkers with a “premises” license had to keep their guns in their homes at all times, except when being taken to a licensed target-shooting facility for practice and training. But those facilities had to be in New York City itself. “Premises” licensees could not put their guns in their trunk and drive out of town for any reason—not to go to a gun range, not to compete in a shooting match, not to take the guns to a second home.”

A premises license? Well heck. If this isn’t unconstitutional, I frankly don’t know what is. Just where in the Second Amendment does it say anything about being forced to keep your guns at home at all times? Answer: NOWHERE!!

But as bad as this is, it is not my point.

The plantiffs, the New York State Rifle & Pistol Association, as well as the NRA, sued all the way to the United States Supreme Court, and much to most peoples’ surprise, they agreed to review the case. read more

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WND Exclusive – THERE’S NOTHING SACRED ABOUT ‘PRECEDENT’

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from Brent Smith for World Net Daily:

We constitutional conservatives agree that precedent is rarely a good thing.

Beyond the crafting of our original documents and some, but not all, constitutional amendments, I can think of no precedent that has ended other than badly for America.

Oftentimes precedents begin innocently enough and with supposed good intentions. But once that framework has been set, or that foundation laid, more often than not those with less than good intentions are free to cite the original to justify building upon it.

And so it will be for us if President Trump decides to set a precedent and declare a national emergency on our Southern border. I don’t just mean in order to procure some funds for the wall, which for months has been tied up in the courts. Hardly earth-shattering. I mean a full-blown national emergency declaration, shutting the border down, as he threatened to do. read more

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Video Podcast – Trump Must Put the Courts in Their Place

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by: Brent Smith at the Common Constitutionalist

The other day, Daniel Horowitz of Conservative Review made a couple of great points regarding the recent supreme Court decisions.

It was regarding both the DACA non-decision and the census decision.

Neither of these “cases” should involve the courts at any level, much less the supreme Court.

I discuss why both should be decided by only the Executive branch, with no inputs from the courts, and little, if any input from even the Legislative branch. read more

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Supreme Identity Politics

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by: Brent Smith at the Common Constitutionalist

Yet another red flag raised regarding supreme Court justice Brett Kavanaugh.

Is our newest supreme Court justice an independent jurist or is he just another Republican caveman, who the left can bend and shape to their will by just exerting political pressure?

Recall, during his confirmation, justice Kavanaugh declared that should he be confirmed he would hire an all-female crew to clerk for him.

And that he did. For his “effort,” fellow justice and radical leftist, Ruth Bader Ginsburg, better known as Notorious RBG, praised him for it.

“If confirmed, I’ll be the first justice in the history of the Supreme Court to have a group of all-women law clerks. That is who I am,” said Kavanaugh.

“Justice Kavanaugh made history by bringing on board an all-female law clerk crew. Thanks to his selections, the Court has this Term, for the first time ever, more women than men serving as law clerks,” Ginsburg said at the Second Circuit Judicial Conference on Friday.

Well Yay! Identity politics has officially infected everything. read more

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WND Exclusive – Justice Kavanaugh Will Only Drift Left From Here

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from Brent Smith for World Net Daily:

I can’t quite figure out what Rush Limbaugh is up to regarding the recent Supreme Court ruling by Justice Brett Kavanaugh. I can’t figure out whether Rush is being critical of Kavanaugh, or instead trying to give a veiled excuse for his recent siding with the anti-constitutionalists on the court.

Normally, it’s easy to know exactly where Rush stands on any topic or event. It’s easy because he’s so predictably conservative and constitutional.

But Limbaugh has been noticeably different since Trump was elected. Although there is no doubt of Trump’s love of country and his desire to put America first, it’s also common knowledge that he is not an ideological conservative or advocate for small, limited and less expensive government. He just wants the U.S. citizen to get their money’s worth. This is and will continue to be a bone of contention for us constitutionalists. read more

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Video Podcast – The Immigration Migration – The Great Abortion Debate

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by Brent Smith at the Common Constitutionalist:

The federal government is planning on dumping up to 1,000 illegal immigrants in two Florida Counties every month. Governor Ron DeSantis had no idea this was going happen. He was given no warning.

I discuss just how wrong this is and how it can possibly still be happening under president Trump.

Democrats are in a panic over several recent State abortion restriction laws.

I discuss the nonsensical arguments of the dems and just why they are in such a panic over an issue they claim is a slam dunk for the left. read more

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Supreme Court May Side with Trump Administration on Census

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I guess we’ll find out in June. Heaven knows why it takes a month and a half to deliberate. Aren’t these 9 Justices supposed to know the Constitution back to front? And I take a bit of umbrage to calling them supreme Court “conservatives,” as if it’s just another political appointment.

from the Washington Examiner:

Supreme Court conservatives appear poised to support Trump administration in census dispute

An ideologically divided Supreme Court on Tuesday seemed likely to back the Trump administration’s efforts to add a citizenship question to the 2020 census.

For roughly 80 minutes, the justices heard arguments in a challenge to Commerce Secretary Wilbur Ross’s decision to include a question about citizenship on the census form, which lower court judges have found to be a violation of federal law and the Constitution.

But the court’s five conservative justices appeared poised to allow the question to remain on the census and seemed sympathetic to the Trump administration’s argument that a citizenship question was needed to bolster enforcement of the Voting Rights Act read more

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Congress Must Act Against Lower Courts They Created

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from Conservative Review:

While everyone sleeps, the courts are abolishing all immigration enforcement

Congress could never get away with creating constitutional rights for illegal aliens to remain here, yet a single lower court just did so on Thursday. And where Congress would face deep reprisal in the next election, faceless judges will never feel the heat.

Conservatives fear that extreme Democrats might actually abolish ICE and all immigration enforcement, but the lower courts are already systematically abolishing ICE’s authority, nullifying immigration enforcement statutes, violating separation of powers, and constantly increasing the wave of bogus asylum-seekers that they originally spawned with other radical rulings. The latest ruling from the Ninth Circuit demonstrates that unless Republicans and the president begin pushing back against these radical judges and delegitimizing their rulings, Democrats will get everything they want without ever facing electoral backlash or even the need to win elections. read more

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MLK and Many Black Leaders were Republicans

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by: Brent Smith at the Common Constitutionalist

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At the beginning of the week, I wrote, in honor of MLK Day, that Dr. King undoubtedly supported a secure Southern border. You Image result for MLK was Republicanmay review it here.

Unsurprisingly, I got a little flack for it from a few on the left.

Yet I don’t know why it’s so surprising. It’s no more a revelation than that Dr. King was a Republican. According to his niece, Dr. Alveda King, MLK was Republican.

This should be a surprise to no one who knows the unvarnished history of America – who advocated for black Americans and who didn’t.

Somehow history has been rewritten. Check that. We know how. I believe it can be traced back to the death of Dr. Martin Luther King Jr., for before that time, most blacks were Republicans, and for good reason.

But we’ve been taught that the Democrats are the party of civil rights, of minority empowerment and Republicans are racists. It’s irrefutable! read more