New York Attorney General Needs to go back to Law School

by: Brent Smith at the Common Constitutionalist

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As I’ve stated numerous times – I am not a judge, a lawyer or a Constitutional scholar, but I can read. I do know that the United States Constitution is the guide book or rule book for the national or federal government. The document defines the specific powers and duties of the federal government. It is therefore “…the supreme Law of the Land…” (Article VI, Clause 2, U.S. Constitution)

And as it states in the Tenth Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people.”

Combining the Tenth Amendment with Article VI, Clause 2, gives us a very clear picture of the preeminence of the United States Constitution over State Constitutions.

In other words, if something is specified in the U.S. Constitution as a duty, power or responsibility of the federal government, it will overrule any article or amendment or law in any State Constitution. And if something is not, see the Tenth Amendment.

So when I read in the Daily Wire that, “after news broke that President Trump had pardoned Dinesh D’Souza for his campaign finance violations, the New York Attorney General’s office immediately tweeted out that they’d like to pass a state law to unjustifiably jail those who had been pardoned for federal crimes,” I was naturally confused. read more

So the President Pardoned Sheriff Joe – So What

By: the Common Constitutionalist

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I don’t often disagree with the Washington Examiner, but I’m afraid I must this time.

They posted an article entitled, “Trump, once the law and order candidate, embraces lawless disorder with Arpaio pardon.”

So now it’s not only the left who are piling on Joe Arpaio and President Trump, but those on the right are joining the chorus.

You would expect that Trump would have received mass-condemnation from the left. After all, they are the soft-on crime party of illegal aliens. However, many on the supposed right, or who at least call themselves Republicans, are also screeching at Trump’s pardon of the former Maricopa County sheriff.

“The speaker does not agree with the decision,” Doug Andres, spokesman for Speaker Paul Ryan said. “Law-enforcement officials have a special responsibility to respect the rights of everyone in the United States. We should not allow anyone to believe that responsibility is diminished by this pardon.”

And what is all this hubbub about? Why did Sheriff Joe have to be pardoned? He was found guilty of criminal contempt by a leftist Clinton appointee, U.S. District Court judge Susan Bolton. She found him guilty of defying her order to cease the “profiling” of Latinos. read more