WND Exclusive – Trump’s California Emissions Move Unconstitutional

by Brent Smith for World Net Daily:

We’ve all heard by now that President Trump is proposing to take away “California’s power to set its own vehicle tailpipe emissions standards, escalating an environmental dispute that has trapped auto makers in the middle.”

This move by Trump is reported to be in conjunction with a rollback of Corporate Average Fuel Economy (CAFE) Standards.

To date, all of California emission standards restrictions eclipse those of the federal government.

If you are unfamiliar, Corporate Average Fuel Economy(CAFE) Standards are regulations, first enacted by the United States Congress in 1975, after the 1973–74 Arab oil embargo, to improve the average fuel economy of cars and light trucks (trucks, vans and sport utility vehicles) produced for sale in the United States. read more

The Left’s Bill of Wrongs

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

Don’t Cave on the Constitution

The beginning of the end of the Second Amendment

by: Brent Smith at the Common Constitutionalist

I agree with the President on most things, but I can’t on this.

We’ve been hearing, ad nauseum, that polling suggests that the public supports universal background checks and greater gun restrictions. And we’ve not only been hearing this from democrats, but also from Republicans.

So now I guess we’ve given up on protection and defense of the Constitution and will be governed by the whims of the people and politicians?

It reminds of what the father of the modern progressive movement, president Woodrow Wilson said.  (I hate that guy!) “The Constitution was founded on the law of gravitation. The government was to exist and move by virtue of the efficacy of ‘checks and balances.’ The trouble with the theory is that government is not a machine, but a living thing. No living thing can have its organs offset against each other, as checks, and live.”

This was the beginning of the “living, breathing,” Constitution. That musty old document was fine for its day, but it should not have been built on immovable bedrock. Instead it should be built on sand so that it may move and shift with the changing times.

President Trump and the Republicans have expressed openness to a federal red flag law and for “meaningful” background checks. read more

Video Podcast – Trump Must Put the Courts in Their Place

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

CAL COOLIDGE’S CRITICAL MESSAGE TO US

by Brent Smith for World Net Daily:

Calvin Coolidge

Daniel Horowitz of Conservative Review encapsulated equality and our natural individual rights as Americans quite ingeniously – representing our rights by use of a bell curve metaphor.

Horowitz cited the great President Calvin Coolidge’s July 4, 1926, address honoring the 150th anniversary of the Declaration of Independence. I would invite and encourage everyone to make the time to read the transcript of Coolidge’s speech. It is brilliant, educational and enlightening.

Coolidge said: “About the Declaration there is a finality that is exceedingly restful. It is often asserted that the world has made a great deal of progress since 1776, that we have had new thoughts and new experiences which have given us a great advance over the people of that day, and that we may therefore very well discard their conclusions for something more modern.” read more

Enough Crying Over a National Emergency

Please – enough crying over the use of the National Emergencies Act. As you read this, keep in mind that are are no fewer than 31 “National Emergencies” that have been declared by various presidents over the years that are STILL in effect today. Of course no one who is opposed to Trump’s declaration will ever divulge this information.

There are no two people on this planet whom I’m trust more regarding the Constitution and what is constitutional than Mark Levin and Senator Mike Lee. Both of these constitutional heavy-weights say that the president is acting constitutionally by declaring this national emergency. That’s all I need to know. And another little secret is that each must renewed every year.

from the Conservative Review:

The mainstream media has begun its ritual of hysteria in response to President Trump’s intention to declare a national emergency on the southern border to appropriate military funding to build the wall. A headline from NBC News declares Trump is “forcing a constitutional crisis.” Even some Republican senators are saying the president shouldn’t declare a national emergency.

In a Facebook noteLevinTV host Mark Levin tears that argument apart: read more

Does the Constitution Mean Anything Anymore?

by: Brent Smith at the Common Constitutionalist

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This story goes back about 7 months, but it’s still as relevant today as it was then, and will become more so as we get closer to the 2020 elections. It’s about a lawsuit that struck down a Kansas State voter I.D. law.

I recall reading about it but didn’t give it much more than a passing tisk-tisk at the time. But somehow it recently resurfaced. I thought it was something new so I read it judiciously. And that’s when it hit me. As I’m a States Right guy, I don’t know why it didn’t then, but it sure struck a chord this time around.

In June, 2018, Reuters reported that, “A federal judge struck down a Kansas law requiring proof of U.S. citizenship to register to vote in a decision on Monday that could make voter registration easier in the state in the run-up to November mid-term elections. The ruling ended a two-year legal battle in which Democrats argued that such ID laws targeted voters who typically support their party, such as the young and minorities. Republican proponents of the law said it was necessary to ensure the integrity of elections.”

Yes, the Dems do have a point. What they appear to be saying is that the young and minorities are just too darn stupid and/or lazy to obtain the proper I.D. necessary to register. It sounds harsh, but how can we conclude anything else. According to the Democrat Party, their voters are just that stupid. It’s a wonder they can find their way out of bed in the morning, much less to the polls. read more

Another Gem of Wisdom from Ocasio-Cortez

For the longest time I thought Sheila Jackson Lee (D-TX), or maybe Hank Johnson (D-GA) were the dumbest people in Congress. I starting to rethink that position the more Alexandria Ocasio-Cortez opens her mouth, and she’s not even in Congress yet. Here’s another gem.

from the Blaze:

Alexandria Ocasio-Cortez threatens to run for president, severely misquotes the Constitution

Rep.-elect Alexandria Ocasio-Cortez (D-N.Y.) threatened to run for president last week, severely misquoting the United States Constitution in the process.

What happened? read more

Trump is Constitutionally Correct in Ending Birthright Citizenship

by: Brent Smith at the Common Constitutionalist

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The subject of birthright citizenship is once again in the news. President Trump says he intends to sign an Executive order ending the practice. Leftists and faux-constitutional scholars are up in arms. What a shock.

CNN writes that, “Such a step would be regarded as an affront to the US Constitution, which was amended 150 years ago to include the words: ‘All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.’”

In 2015, then candidate Trump exclaimed his desire to deport all illegal aliens. In rebuttal, Robert Tracinski at The Federalist  argued that deporting birthright citizens would be a direct assault on the Constitution and “the thousand year history of English common law.”

Tracinski explained that at the time of the founding, America embraced birthright citizenship – that “for the Founders, rejecting jus soli or birthright citizenship would have meant either greatly restricting the growth and expansion of the new nation or, more likely, creating a system in which there was a large and growing subpopulation of people who were disenfranchised in the land of their own birth. An idea totally incompatible with a government based on the consent of the governed.” read more

CNN’s Striking Ignorance of the Federal Judiciary

by: Brent Smith at the Common Constitutionalist

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I was reading an article about Immigration and family separation on CNN’s website the other day. It was yet another tug-at-the-heartstrings piece, sympathetic to illegals while demonizing border security and I.C.E. You know – a kill two birds with one stone type of thing.

The article began by stating: “Six months after US officials separated them at the border, ICE put a 4-year-old girl on a plane to Guatemala this week so she could be reunited with her father.”

According to CNN, the father, who was deported back to Guatemala 6 months ago, lived 8 hours from the airport, but only learned of his daughter’s arrival 30 minutes prior to her touching down. There was no mention of a mother.

The girl would then have to spend another night in a shelter awaiting her father’s arrival. Again, not a single mention of a mother. read more