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Trump and Kavanaugh of one mind on voiding the Fourth Amendment

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Trump and Kavanaugh of one mind on voiding the Fourth Amendment

It looks like we’ve discovered another reason why Donald Trump selected Brett Kavanaugh for the Supreme Court.

As I wrote when Kavanaugh was first nominated, I believed Trump selected him solely for self-interested reasons, specifically, Kavanaugh’s opinion that sitting presidents are essentially above the law — an opinion that could pay dividends for Mr. Trump when it comes to the Mueller investigation.

Now it appears that Trump may have also selected Kavanaugh for his like-minded attitude about our Fourth Amendment rights.

Yesterday, to the roar of applause from attendees of the International Association of Chiefs of Police convention, Trump said he will have Attorney General Jeff Sessions work with the city of Chicago to limit gun violence, and he proposed the implementation of the practice known as “stop and frisk.”

According to Trump, the policy used by his personal attorney Rudy Giuliani when he was Mayor of NYC “works and it was meant for problems like Chicago.”

Too bad he forgot to mention unconstitutional.

The NYPD policy was ruled unconstitutional by a Federal District Court Judge in 2013 because it violated the Fourth Amendment protection against unreasonable search and seizure. The court also ruled that it violated the Equal Protection Clause of the Fourteenth Amendment.

This isn’t the first assault on the Fourth Amendment we’ve witnessed since Trump was sworn in. Earlier this year, Trump and the GOP-controlled Congress took a big bite out of it with the re-authorization of FISA702, granting the government power to conduct warrantless electronic searches.

FISA702 is where we got an early first glimpse into the mindset of Brett Kavanaugh concerning the Fourth Amendment.

As I wrote earlier this year, Kavanaugh is a big fan of warrantless electronic spying. In a 2015 case involving the NSA, Kavanaugh stated that “The government’s collection of telephony metadata from a third-party such as a telecommunications service provider is not considered a search under the Fourth Amendment.”

Now, stop-and-frisk is giving us another glimpse into the mindset of Brett Kavanaugh and how he is of one mind with Trump when it comes to shredding the Fourth Amendment.

In a 2008 case, United States v. Askew, the full DC Circuit, including several conservative GOP appointees, ruled that police had violated the Fourth Amendment rights of a suspect using stop-and-frisk. Kavanaugh dissented, an opinion that the majority said was “contrary to the Court’s findings” and “unsupportable.”

In a January 2018 National Review article, we learned that crime in NYC fell after stop-and-frisk was abandoned, proving that it’s unnecessary to violate our rights to keep us safe.

But safety really isn’t the objective. Republicans and their #UNIBROW counterparts in the Democrat party are only concerned about one thing: Big Brother government where Washington controls everything.

That’s something Trump and Kavanaugh agree on.

Originally posted on StridentConservative.com.

 


David Leach is the owner of The Strident Conservative. His daily radio commentary is distributed by the Salem Radio Network and is heard on stations across America.

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Conservatism

The myth of overturning Roe v Wade

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The myth of overturning Roe v Wade

Many on the right are skeptical about opening up Roe v Wade insisting that overturning Roe v Wade will not serve Pro-Life causes because it will force the issue back on the states. In such scenarios, Alabama will be the safe haven for the unborn while New York becomes the importer for people who want to kill their babies. Even if this is the case, it is still a giant win for the pro-life side to enable entire states to ban abortion. But this is merely a literal overturn of Roe v Wade, not a practical one.

Take Brown v BOE as an example of a Supreme Court case that overturned a predecessor: Plessy v Ferguson. The Ferguson ruling maintain the theoretical notion that separate accommodations could be equal; therefore, private businesses must comply with the state’s discrimination policies. It’s a pretty bad ruling, comparable to Roe v Wade, which conjured out of nowhere a Constitutional right to an abortion. But Plessy v Ferguson was overturned by demonstrating that the black schools were inherently inferior to the white schools. So Plessy v Ferguson, was overturned by the parameters of its own ruling.

The Alabama bill defines an abortion as a murder by the practitioner. This is a different animal than what the Supreme Court has ruled on before. In this case we have multiple issues. The chief issue at play is when does personhood begin? The Supreme Court, in order to strike down the Alabama law would have to rule that an unborn child is not a person, again. Evidence has changed since the Casey ruling in biologically proving that an unborn is a human being, not a clump of cells. The pro-abortion arguments against moral personhood have gotten more extreme than viability. Arguing that a fetus is not a person is a losing argument as conception/implantation are the most logically defensible points of the transfer of moral personhood.

The next issue is who has the power to define personhood? Should the Supreme Court strike down the Alabama or the Georgia law, the Supreme Court, out of their own superfluous arrogance would, once again, assert their own jurisdiction in the realm of life. If the Supreme Court rules that a state can define where life begins, they will be denying the self-evident. But what if the Supreme Court rules that inalienable rights, in our founding documents, plainly recognize life begins at creation. In such ruling the Supreme Court would be taking a hint from the Divine, and could issue a sweeping ruling denouncing abortion everywhere.

A third issue at play: does a state have the power to write homicide statutes? The state’s ability to write criminal law is on the line in this court case to come. Alabama has placed steep penalties on the mob doctors who perform abortions. The Supreme Court, in upholding infanticide, would essentially be placing limits on the state’s ability to write criminal law as it relates to homicide. The anti-Constitutional implications of this is yet another power reserved to the states impressed upon, subject to overseeing by the federal government. This ruling would enable people who kill an unborn child and the mother to only be charged with one homicide, not two. Essentially, the law in New York will be the law of the land in a worst case scenario.

What if it fails

I would advocate that Alabama and Georgia ignore the Supreme Court, instead choosing to enforce the law which they pass. The Supreme Court does not have the power to enforce their rulings, by design. So let them try. If they do not recognize when life begins or recognize when life begins and still decree that Alabama must sanction murder, then the Supreme Court is not worth obeying.

Final Thoughts

When does personhood begin? Who has the power to define personhood? Does a state have the power to write homicide statutes? These three questions need answers, and a sweeping ruling is almost certain.

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Culture and Religion

Top 5 ‘assault weapon’ technologies that existed BEFORE the Constitution was written

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Top 5 assault weapon technologies that existed BEFORE the Constitution was written

Just a sample of some of the repeating firepower that existed long before the 2nd amendment.

Leftist lore has it that the only guns in existence at the time of the writing of the 2nd amendment were muskets that took 5 minutes to reload. This being exemplified by the New York Times in using an image of a musket contrasted with an assault rifle in an article on their usual obsession with gun confiscation. Or from a commercial from a liberty grabber group depicting the long, drawn out reloading of a musket. As is usually the case with leftist lore, this is a complete fabrication.

The fact is that multishot or repeating firearms existed long before the affirmation of the common sense human right of self-preservation in the US Constitution. We’ve already highlighted some of these technologies that predate the Constitution. However, for the sake of completeness, we shall fill out the list with the other fine examples.

Since there is no set definition of the term ‘assault weapon’ or ‘weapons of war’ or what ever farcical term the liberty grabber left has come up with to demonize ordinary firearms, we bestowed this term to these technology as some of the first ‘Assault Weapons’.

Repeating rifles of the early 1600s, predating the Constitution by 160 years

The Encyclopedia Britannica has a very informative article on this subject with this excerpt detailing the most important point:

The first effective breech-loading and repeating flintlock firearms were developed in the early 1600s. One early magazine repeater has been attributed to Michele Lorenzoni, a Florentine gunmaker. In the same period, the faster and safer Kalthoff system—designed by a family of German gunmakers—introduced a ball magazine located under the barrel and a powder magazine in the butt. By the 18th century the Cookson repeating rifle was in use in North America, having separate tubular magazines in the stock for balls and powder and a lever-activated breech mechanism that selected and loaded a ball and a charge, also priming the flash pan and setting the gun on half cock.

[Our Emphasis]

Please note that these multishot or repeating firearms existed almost 2 centuries before the writing of the Constitution, eviscerating the ‘Muskets only’ lie of the national socialist Left. For those who are numerically as well a factually challenged, this was also 370 years before the 21st Century.

The Lorenzoni repeating flintlock: Portable firepower that predated the Constitution by over 100 years

Our first video from the venerable website Forgotten weapons is of two London-Made Lorenzonis Repeating Flintlocks. This was a repeating flintlock developed in the early 1600’s that was able to fire multiple shots 160 years before the writing of the Constitution.

Early development of revolving cylinder firearms, predating the Constitution by over 109 years

Next on the Pre-constitutional timeline, we have One of the Earliest Six-shot Revolvers from the collection of the Royal Armory that we profiled in a previous article. The Curator of Firearms, Jonathan Ferguson notes that this wasn’t one of the earliest revolvers along with pointing out how the technology has ‘evolved’ over time.

This also brings up an important point, that arms and other weapons of self-defense were vitally important, a matter of life or death. Every living being is in a battle for survival, in the case of human society, these technologies determined its survivability. Thus it is a constant competition with these technologies constantly changing and evolving over time. Something that would have been known by the learned men that wrote the founding documents.

The Puckle or Defense Gun from 1718, was predating the Constitution by over 70 years

We have previously detailed the Puckle or Defense Gun invented in 1718 and demonstrated early ‘automatic weapon’ fire in 1721:

The Puckle Gun, or Defense Gun as it was also known, was invented and patented in 1718 by the London lawyer James Puckle.

This was an early ‘automatic weapon’ was capable of firing 63 shots in 7 minutes in 1721.

For those following along this missed the mark of being a 21st Century weapon by almost 300 years.

The multishot Girardoni Air Gun that predated the Constitution by 9 years.

This is another multishot weapon of war that existed before the Constitution.

Jover and Belton Flintlock Repeating Musket – 1786, this also predates the Constitution

Our last video of multishot or repeating firearms that predated the Constitution is the Jover and Belton Flintlock Repeating Musket from 1786. We’re trying to keep this as short as possible, thus we have left off other examples such as the Ribauldequin, Duckfoot or Nock gun.

Very much like the previous example, the Belton Flintlock Repeating Musket was known to the founding fathers because he corresponded with Congress on this weapon in 1777 [Again, before the drafting of the Constitution]. For those keeping score at home, 1786 is still is not of the 21st Century.

Leftist lies on this subject depends on a number of improbable fallacies and assumptions. The founding fathers would have known the history of technological developments and they would have expected those developments to continue. Thus rendering the fallacy that they could not have foreseen that weapons technologies wouldn’t of continued on to the point of absurdity.

The Takeaway

Unfortunately for the Liberty Grabber Left, firearms tend to be valuable historical artifacts, these videos show that multishot or repeating firearms existed well before the Constitution. Thus we have eviscerated the ‘musket myth’. It should also be evident that the violence problem hasn’t been caused by the ‘easy’ availability of guns or repeating firearms.

As is the case with most Leftist lies and prevarication’s, they depend on a lack knowledge of the subject to succeed. This is why is extremely important that everyone of the Pro-Liberty Right be apprised of these facts in engaging those of the Left who have little care for logic, science or truth. The fact that multishot or repeating firearms existed centuries ago should make it clear that the Left is lying about the subject of self-defense from beginning to end.

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Culture and Religion

Naeem Fazal: Is Allah the same as Yahweh?

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Naeem Fazal Is Allah the same as Yahweh

One of the biggest reasons for the rise of the various movements attempting to unite the various religions of the world is the desire to end conflict. This isn’t just on the battlefield. Many want to prevent any one religion from spreading its doctrines as superior, opting instead for the push to say all religions are just variations on the same theme. This is, of course, very far from the truth.

The push to claim Allah, the god of Islam, is the same as Yahweh, the God of Jews and Christians, has been making its rounds across churches and public discourse for a while. It’s heretical and can be clearly debunked with a basic reading of scripture as well as readings of Quran. At the heart of the matter is the relationship with Jesus Christ.

Christians believe Jesus is the Son of God. Muslims believe Jesus was a prophet and the right-hand-man who will return to chastise all non-Muslims into believing in Islam or falling to the sword. There’s no connection between the two beliefs that can reconcile these fundamental differences.

Former Muslim Naeem Fazal visited with the folks at The One Minute Apologist to clear things up about Allah and Yahweh. His book, Ex-Muslim, is a great read for those who want to explore a wonderful transformation to the faith.

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