Finally – A Reasonable Ruling Against Sanctuary Cities

by: Brent Smith at the Common Constitutionalist

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On March 13, 2018, it was reported that the 5th Circuit Court of Appeals handed down a rather stunning panel decision regarding immigration and sanctuary cities. And for once, a federal court, via a three-judge panel, sided with the good guys – mostly. The good guys being us – the law abiding, tax paying American citizen. Considering the make-up of most courts, and the hot potato issue that is illegal immigration and sanctuary cities, any win is encouraging.

The court didn’t rule as the Trump administration and most of us would have liked. They never do. Trump has been demanding that sanctuary cities by stripped of federal funding until they comply with federal immigration law.

However they did rule that, “the federal government’s [ICE] detainer requests, which ask local governments to hold illegal immigrants for pickup, are legal.”

The ruling stemmed from a Texas law that was challenged in court. read more

Video Podcast – Florida Gun Law Trashes Bill of Rights

by: Brent Smith at the Common Constitutionalist

Florida governor Rick Scott signed the school safety bill into law. Let us be frightened. It will allow certain school staff to conceal carry on school grounds and that’s good. The only safe school is a hardened school. However, we need to come up with a “softer” way to describe it – other than “hardened.”

Unfortunately, it also spends recklessly with its arbitrary allotment of $300 million for mental health programs, school resource officers (because they did such a good job last time), and safety upgrades.

The biggest problem with this law is as Glenn Beck recently described it – the law nullifies one Amendment of the Bill of Rights for all persons in Florida under the age of 21. This should never be allowed to stand, under any circumstances.
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Is This How Freedom Dies

by: Brent Smith at the Common Constitutionalist

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What we witnessed the other night at the CNN Town Hall was the cancer of leftist authoritarianism, as it slowly begins to consume and kill off everything it contacts. And this is how freedom and liberty may die – to the accompaniment of thunderous applause of ignorant masses, being manipulated and pandered to by opportunists.

It was a dreadful sight. One of which we should all take heed, for this one event may become the springboard or catalyst for the outlawing of firearms, which of course is merely the first step in the loss of additional freedoms.

However, we can’t blame our youth, or even the families of the fallen and injured. They’re hurting and will understandably lash out and demand action. We get that. But the Constitution can’t defend itself against such an onslaught of raw human emotion. It takes people to come to its defense. It takes people who recognize that bad law is worse than none at all – that nothing in the Constitution can ever be compromised away, and are strong enough to suffer the slings and arrows of the emotionally distressed. read more

Video Podcast – Tom Perez – Graduate of Harvard LIE School

by: Brent Smith at The Common Constitutionalist

I would first like apologize for some wind noise that interfered with the podcast. It is only sporadic, but it does happen out on location.

DNC Chairman Tom Perez, graduate of Harvard Law School, claimed that the Electoral College, which elects the President, is somehow not in the Constitution.

Perez is too smart and well schooled for this to be a misstatement. Therefore, he lied.

Today, I discuss his lie, why he lied, and why the Electoral process is so important. read more

Video Podcast – I’m Dreamin of an End to DACA

by: the Common Constitutionalist

Today I discuss DACA, the Deferred Action for Childhood Arrivals program.

President Trump has plans to end Obama’s signature program this Tuesday. Let’s hope he does. I explain why DACA is unfair to Americans and frankly is illegal and unconstitutional. Recall that the program was cooked up and sent out as a memo, called an Executive Action.

I also discuss Florida Governor Rick Scott’s convoluted position in favoring the DACA program. He wants to make the Dream Act permanent. Good for him – NOT. read more

A Federal Judge Meddles in Indian Affairs

by: the Common Constitutionalist

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On Wednesday, August 30, a U.S. District Judge ruled that the descendants of black slaves once owned by Cherokee Indians could legally become citizens of the Cherokee Nation.

This is just another of a long and growing list of judicial usurpations. This lower court justice, Thomas Hogan, Judge of the United States District Court for the District of Columbia, has no business sticking his nose in this case.

“Descendants of black slaves, known as freedmen, who once were owned by members of the Cherokee Nation have a right to tribal citizenship under a ruling handed down by a federal court in Washington, D.C.,” writes the AP. “The Cherokee Nation can continue to define itself as it sees fit,” Hogan wrote in the ruling, “but must do so equally and evenhandedly with respect to native Cherokees and the descendants of Cherokee Freedmen.”

Well, evidently it cannot “define itself as it sees fit.” It can define itself as a hack judge determines it must.

The Constitution is quite clear that is the sole authority of the United States Congress alone, “To regulate Commerce with foreign Nations, and among the several States, and with Indian Tribes…” (Article I, Section 8, Clause 3)

Yet the Constitution no longer seems to be the barrier it was designed to be against government intrusion and the overreach of activist Judges – especially old white judges. read more

The Left Equates Trump to a Latin America Dictator

by: the Common Constitutionalist

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Another day brings more insanity from the left.

As the novelty of statue-felling is slowing, it’s time to return to the old stand-by: Trump Derangement Syndrome. Now they’re worried that Trump will refuse to vacate the White House when his term(s) is up.

It is interesting that the left thinks of Trump exactly what we thought of Obama earlier in his reign of terror – that he would not vacate the White House. Some even posited that Obama would attempt and end around the Constitution and run for a third term, due to his overwhelming popularity.

But later in his presidency, Obama, I thought, couldn’t wait to get out. He had accomplished virtually everything he set out to do. And in the end, he did in fact hightail it out of there to begin a lifestyle of the rich and famous, filled with champagne wishes and caviar dreams (h/t Robin Leach).

Yet, as Barack is living it up, his radical legacy is living on within the pro-communist Antifa movement. They’ve taking the baton from Obama, and are seeking to “change our traditions, change our history and move into a different place as a nation” (h/t Michelle Obama).

Like Obama and the radicals that came before him, like Alinsky, Cloward and Piven and many others – Antifa seeks to upend virtually all American traditions. read more

A Living Constitution Provides No Stability

by: the Common Constitutionalist

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I’ve written a lot regarding the Constitution over the years – although not usually two days in row. Most times the topic boils down to a choice between the stability of originalism or the chaos of the co-called “living document.” This has been a great debate since the dawn of the progressive era.

In 2006 Elliott Mincberg, the vice president of the ultra lefty group “People for the American Way” said: “It was the framers intent that the Constitution would adapt to changing circumstances.” In other words, a living Constitution.

Most would be surprised that, in my opinion, the founders would agree with Mr. Mincberg – although I guarantee they would not agree with his method of change.

That same year Todd Gaziono of the Heritage Foundation said: “Original intent is the only legitimate means of interpretation under our written Constitution and all other philosophies are illegitimate.” Mr. Gaziono is also correct.

Okay, both can’t be correct. Obviously the “living Constitution” crowd is wrong because, as we all know, the left has no desire to amend the Constitution. They instead see fit to usurp the Constitution by means of laws, court precedents and presidential decrees.  read more

Treat the Constitution Like the NFL Rulebook

by: the Common Constitutionalist

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What does it mean when we right-wingers describe ourselves as conservatives? What is it that we are trying so hard to save, preserve or prevent the loss of – which is what conserve means. Those on the left would say we wish to conserve the days of slavery and Jim Crow – or maybe the white-old days of the 1950s before the Civil Rights movement.

Despite the fact that all those bad times were born of the left in this country, we conservatives wish to reestablish and conserve America’s original set of governing rules.

Our nation was founded on a set of ideals – the Declaration of Independence, and rules – the Constitution. Yet Americans today seem only to care about some rules, but not others. We demand absolute adherence to some rule books, while all but ignoring others.

As most of my readers know, I’m a huge fan of the NFL – particularly the New England Patriots, but also just a lover of everything pro-football. (Don’t hate me just because your team isn’t as good).

On many occasions, I’ve witnessed that we, at least we football fans, will have a nationwide collective meltdown, if say a player commits a penalty and gets away with it late in the fourth quarter of a close game. Fans take to Twitter, Instagram and Facebook to vent their spleens over a flagrant violation that goes unpunished and may cost their team the game. read more

WND Exclusive – Are you, too, a ‘Declarationist’?

1864 Two Cent Coin

Memorial Day has come and gone. I hope you all sought out the family of one of our fallen heroes or at least said a prayer on their behalf.

Now we’re into summer, though not technically, and America’s next great celebration is on the horizon – that of our nation’s independence.

We in America, and certainly us political wonks, write and speak constantly of the United States Constitution. We may do so often that it can sometimes seem tiresome to listen to – even for other fans of the Constitution. Not that I hear this from my friends and family or anything. read more