Blog posts : "bill of rights"
It is apparently official now. Three unelected leftist lawyers wearing black robes and sitting as justices on the Ninth Circuit Court of Appeals have confirmed a ruling by a lower court unelected leftist federal judge that stays the Executive Order on immigration issued by the elected President of t…
In case you had not noticed before this election, the elitists who run the Democrat party have declared war on America and its citizens. Hillary Clinton has declared that anyone who is not supporting her belongs in a basket of deplorables who are all racists, sexists, Islamophobia, homophobic, etc. …
I will state this as clearly as possible; if we lose our right to keep and bear arms under the Second Amendment to the Constitution we will permanently lose our Constitutional Republic and our freedom. We will become the subjects of a government of elitists who have no tolerance for individual liber…
For years I have listened to the leaders of the Democratic Party and the left wing media lie to the American people about what they stand for and their intentions for America. This has been particularly true during the last seven and one half years of the Obama administration. Americans were lied to…
As the 2016 election process unfolds there are two candidates vying to be the nominee for President in the Democratic Party this fall. One is a 74 year old socialist fan of the former Soviet Union who espouses that America adopt a form of government that has failed in every country that has ad…
The current presidential campaign for the Democratic nomination is highlighting the fact that liberal democrats are some of the world’s greatest hypocrites. Hilary Clinton assails Wall Street bankers and big corporations, but has accepted over 21 million dollars to speak to these banks, investment f…
As a member of the U.S. Army I took an oath “that I will support and defend the Constitution of the United States against all enemies, foreign and domestic” As a member of the United States Congress you took the same oath; you said the same words. No one ever told me that when I became a veteran tha…
I know that may seem like a strange statement since I am a U.S. Army veteran, have two sons who are serving in the army, and am a lifetime member of the American Legion and past commander of a Legion Post. In addition, I have written a book about my father’s unit in World War II. It was while resear…
For over two years the United States Justice Foundation (www.usjf.net) has been working with veterans trying to help them protect their Fifth and Second Amendment rights. The more we learned the worse it got. Then about a year ago we started filing legal memorandums opposing new rules and regulation…
It is almost time to rejoice because the liberal utopia promised to us by Obama and the left wing elitists is coming rapidly. The United States is going to become the perfect society. It will be a society with no guns in private hands and no racist or brutal local police. Instead there will be a fed…
I may not always be the brightest candle on the cake, but it doesn’t take a wall to fall on me for certain things to come clearly into focus. That is what has happened in the last few weeks as we at the United States Justice Foundation (USJF) have continued to move forward with our investigation int…
There seems to be no end to what Obama will when it comes to issuing illegal and unconstitutional Executive orders and government agency actions. In addition to bypassing the specific Constitutional provision that gives the U.S. Congress exclusive control of naturalization and immigration laws, our …
For months now I have been writing about the relentless assault by the Obama administration on our military and veterans. However, I now must modify my observations since it is no longer just an assault. It is now an all-out war.
In previous articles on this blog I have discussed the Vete…
This is the response that I and other United States Justice Foundation attorneys prepared and submitted in opposition to some very dangerous proposed amendments to ATF regulations. These could cause millions of Americans to be denied their Second Amendment rights.
Subject: Comments …
Most Americans apparently don’t realize that since he was elected President of the United States Barack Obama has been aggressively creating a caste system in our country. He and Michelle obviously consider themselves elitists who are above most of the rest of us and entitled to special privileges. …
On June 25, 2013 I posted an article on this blog titled “Psychiatry as a Weapon of Tyranny” and I pointed out the history behind using an ever broadening definition of mental illness as a way to disarm and ultimately imprison the potential enemies of dictators throughout history. I also pointed out that his technique was being used against American military veterans, and with the IRS now having access to the medical records of all Americans, this type of action would be broadened to include many more U.S. citizens.
Now, Obama has issued two new illegal and unconstitutional Executive Actions on gun control that attempt to codify my predictions into law. The new EAs exempt the states from complying with Federal privacy laws and encourage states to disclose confidential medical information to the FBI so that more people can be placed on the NICS and prohibited from purchasing firearms.
This is despite the fact that in order to legally be placed on the NICS list an individual must be a convicted felon or legally adjudicated to be mentally ill to the point of being a danger to themselves or others. Obama and the Veterans Administration are already bypassing the legal adjudication process when it comes to veterans and now with these new EOs will do the same thing to many other Americans.
The Constitutional implications of this are obvious and rampant. First, Obama has violated both Article 1 and Article 2 of the Constitution that establish the balance of powers existing between the Congress and the Executive Branch of government. Under Article 1 the Congress has the exclusive power to pass laws and Article 2 requires the Executive Branch (the President) to enforce those laws. The President is routinely violating these provisions by choosing which laws to enforce, amending existing laws without congressional approval, and making new laws by Executive Order.
Second, federal laws require the states and the medical community protect the privacy of individual medical records. This has now been waived by the Obama Executive Orders that he had no constitutional authority to issue. This also violates the Fourth Amendment prohibition against illegal searches and seizures.
Third, the Fifth Amendment to the Constitution prohibits the government from depriving citizens of life, liberty, or property without due process of law. By placing veterans and other Americans on the NICS list without a legal adjudication of mental illness causing them to be a danger to themselves or others they are being denied liberty and property without due process.
Last, but certainly not least, the U.S. Supreme Court has twice ruled that the right to keep and bear arms is an individual right, yet this right is routinely being denied to veterans and other Americans simply because Obama and his minions want all of us to be disarmed. A disarmed population is a population that cannot effectively resist tyranny.
Since Congress has repeatedly refused to pass gun control legislation Obama is invoking the mental illness card to accomplish the mission. If you have ever told your doctor you have been depressed, ever suffered from PTSD after being in an accident or losing a family member, or even in the past taken certain types of medications for things such as ADD you may be denied your Second Amendment rights.
The Obama administration has also changed the definition of adjudication of a mental illness from requiring an action by a board, commission, or other lawful authority to allowing anyone in the VA or other government agency to find someone incompetent or mentally defective.
There is no longer any due process required and while military veterans are still the primary target, the ultimate goal is the disarming of all Americans. This mirrors the actions of the Nazi party in Germany and other dictatorships that have used alleged mental illness to disarm, imprison, and control their populations.
The groundwork is being laid to have the very act of gun ownership be declared a mental illness. That is why the lawsuits we at the United States Justice Foundation (www.usjf.net) are working on for veterans are so critical. If the efforts of the Obama administration are successful at disarming veterans the rest of the population will also be vulnerable.
In August 2009 I read and analyzed the 1100 pages of HR 3200 that was the original version of the Affordable Care Act. I wrote an article about the proposed legislation that became the first one posted on this blog. That article has recently resurfaced several times and gone viral as an email.
Of course, it was not about the version of the law that finally passed, that version originated in the U.S. Senate and was H.R. 3590, originally a House bill on a totally unrelated matter. This was one of the first ruses by the Democrats designed to bypass the Constitutional requirement that all revenue bills begin in the House.
In my original article titled “The Truth About the Health Care Bills” I stated that “The law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession.” I was attacked by the left immediately for making inaccurate claims about what the bill said, yet everything I predicted has either happened or is in the process of being implemented.
I also concluded in that original article that “this legislation really has no intention of providing affordable health care choices. Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated. If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed.”
In addition, I stated that “This legislation also provides for access by the appointees of the Obama administration of all of your personal healthcare information, your personal financial information, and the information of your employer, physician, and hospital. All of this is a direct violation of the specific provisions of the 4th Amendment to the Constitution protecting against unreasonable searches and seizures. You can also forget about the right to privacy. That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide.”
H.R. 3590 is over 2700 pages and in many respects is worse than the original version. It establishes 138 new federal commissions and agencies; all under the control of Obama. The law is being used to violate the 1st Amendment rights of religious institutions and religious owners of businesses. It violates the 4th Amendment by giving the IRS access to our personal information, and we all know how careful it is with such information.
As for Obama’s promises, people are losing their insurance that they were told they could keep and they will also lose their doctors. But, of course, our President has fixed that. His majesty has ordered insurance companies to renew the policies, but just until after the 2014 elections. That is the way this President fixes things for the American people.
Now, how is he going to fix the lie that insurance premiums would go down when they are going up, and the lie that health care costs would go down when they are rising? Then there is the lie that thousands of new jobs would be created in the health care industry when in fact almost 50,000 health care workers have been laid off so far this year. Of course, new jobs as navigators are being created for Obama loyalists in Acorn, Planned Parenthood, and the Urban League. Navigators for a system that doesn’t work.
Thus, I reiterate what I said in 2009. This law was never about providing affordable health care to Americans; it was and still is about giving the Federal government power to control the lives of Americans. The ACA was designed to fail so the ultimate goal can be achieved, total government control over healthcare, i.e. socialized medicine.
I have not posted anything new on my blog in over a month, but I have not been idle. Here is an update on some of the projects I have been working on:
VETERANS SECOND AMENDMENT LAWSUITS
The United States Justice Foundation (www.usjf.net) continues to push our lawsuit against the Veterans Administration to force them to respond to our Freedom of Information Act request for info on why the VA is declaring thousands of veterans incompetent without due process of law and denying them their Second Amendment Right to keep and bear arms. We have received some information that is very damaging to the VA, but still not everything we have requested.
In the meantime, more veterans are coming forward asking for our help and we are preparing a second lawsuit. The horror stories continue to mount as we are now learning that the VA is telling the families of veterans that they also cannot purchase or own firearms, simply by virtue of the fact that they are the spouses and children of veterans that the VA has declared incompetent.
Additionally, several veterans have reported to us that in addition to being unable to purchase firearms, they are having their passports cancelled and/or being placed on the terrorist cannot fly list. In other words, the Feds continue to push the idea that all military veterans are potential terrorists simply by virtue of having honorably served our country.
ARTICLES OF IMPEACHMENT
I am continuing to update and refine the formal Articles of Impeachment of Barack Hussein Obama I am preparing for filing in the House of Representatives. Obama continues to give me more ammunition with new Executive Orders on gun control, the arming of terrorist in Syria, and his punitive actions toward the American people during the government shut down, to name but a few. We are also looking for a member of Congress willing to step up and file them.
UN SMALL ARMS TREATY
At the USJF we are monitoring the next moves Obama will make now that he has had John Kerry sign the blatantly anti Second Amendment UN Small Arms treaty. The very signing of the treaty is an unconstitutional action that violates the oath of office taken by both Kerry and Obama. We will work diligently to keep the treaty from being ratified by the necessary two-thirds of the Senate, but we are also concerned that Obama will try to implement parts of the treaty without Senate approval. That will result in an immediate lawsuit by the Justice Foundation.
I am continuing to work with USJF attorneys on other legal issues we are involved including defending the wrongfully prosecuted family in New Mexico that had bogus charges filed against them by the U.S. Attorney and had all of their assets seized simply because they owned a gun store and were active Tea Party members. We have also filed friend of the court briefs in several cases trying to protect the First Amendment right to freedom of religion of religious institutions and businesses owned by religious families who have moral objections to providing contraception and abortion services to their employees as required by Obamacare.
Isn’t it ironic that we have a phony President of the United States complaining about the “phony scandals” he claims were created by those who dare to oppose him and his dictatorial regime? There is nothing phony about the death of Border Patrol officer Brian Terry as a result of the Fast and Furious scandal and there is certainly nothing phony about the massacre of Ambassador Chris Stevens, Sean Smith, Tyrone Woods, and Glen Doherty by Islamist terrorists in Benghazi.
There is also nothing phony about a powerful federal agency, the IRS, using its power to intimidate conservative and Christian political organizations and donors in order to help Obama get reelected. Nor was the fact that the Attorney General of the United States lied while under oath to a congressional committee investigating the efforts of the DOJ to intimidate members of the news media. Yet, Obama, members of his corrupt administration, and many of his protectors in the mainstream media continue with the narrative. They remind me of the police officers at a crime scene telling the public to move on, there is nothing to see here.
The reality is there is much more to see than initially meets the eye. When I refer to Obama as a phony President I am not just talking about the many unanswered questions about this man’s background. We know less about him than any other President in recent history, and he appears to lie about things even when he is aware that most people know he is lying. However, he is a phony President primarily because he took an oath of office to preserve, protect, and defend the Constitution and is doing exactly the opposite.
Regardless of where he was born, Obama is not an American because he does not believe in our Constitutional form of government, our free enterprise system, or even the basic freedoms guaranteed by the Bill of Rights. He routinely takes actions that are contrary to the authority given to him as President of the United States. He bypasses Congress by making laws through illegal Executive orders; he refuses to fulfill his Constitutional duty to enforce those laws passed by Congress, and he uses the departments of the Executive Branch to bully, intimidate, and silence American citizens and businesses. He also is trying to use the executive orders to take away our Second Amendment rights.
He encourages class warfare and racial hatred among Americans while steadfastly protecting and defending the radical elements of the Muslim brotherhood and other terrorist groups. Why do you think that no one has been arrested or killed in response to the Benghazi attack? We know who they are yet Obama refuses to act against them, probably for the same reason that he refuses to acknowledge murderous acts by Muslims as acts of terror.
When he was first running for President, Obama told an adoring crowd of union members that after he was elected he would reward his friends and punish his enemies. He has fulfilled his promise, but unfortunately his enemies seem to be all of the American people while his friends seem to be those that would destroy us. Remember, the Constitutional definition of treason includes giving aid and comfort to the enemies of the United States.
As a Constitutional lawyer I am well aware that the oath of office that I took as an army officer and that Obama and all members of his cabinet took is not supposed to be taken lightly, much less ignored. In fact, under federal law, the very act of advocating the overthrowing our Constitutional from of government is a criminal offense. Obama and his minions are doing much more than just advocating the overthrow, they are actually making it happen.
I have written several articles on this blog about Obama’s impeachable offenses, but I Am going one step further. What Obama is doing to this country and to its citizens is a violation of two federal statues 5U.S.C. 7311 and 18 U.S.C. 1918. In short, Obama is a criminal and so are many of those who work for him. They should be prosecuted and jailed.
This also means that no state, county, or city officials have any obligation to enforce illegal actions taken by Obama as President and no American citizen is required to obey them. It is time for all of us to “Stand Our Ground”.
It seems that the scandals just keep on coming. First, Americans are abandoned to die in a terrorist attack in Benghazi and the American people are lied to about the attack by the President and members of his cabinet. All of the facts are still unknown and the cover up continues.
Then we learn that one of the most powerful and feared government agencies, the IRS, used its power to deny tax exempt status to hundreds of conservative and religious groups in order to protect the Democrats and influence the outcome of the 2010 and 2012 election cycles. The IRS also abused its power by using illegal and unconstitutional tactics to intimidate the organizations, their members, and contributors and to target other individuals and companies that it perceived as enemies of Obama. Again, many of the facts are still unknown, but this is clearly a violation of the First Amendment right of free speech.
Right on the heels of the IRS scandal came the revelations that the Justice Department was illegally obtaining the phone records of reporters to find out who they might be talking to when investigating the administration. When questioned about this by a Congressional Committee Eric Holder did what the members of this administration do best, he lied. Obama feigned indignation over the whole matter and then took “decisive” action by telling Eric Holder to investigate himself. So much for the freedom of the press guaranteed by the First Amendment.
Of course that was just the beginning because the hits just keep on coming. Americans are now learning that the National Security Agency (NSA) that has the task of protecting us from terrorists and other enemies is now spying on all of us simply because we are Americans. They are gathering our phone records, reading our emails, and gathering data about every aspect of our lives. All to be stored for future use.
While all of this was breaking, the VA has been depriving our military veterans of their Second and Fifth Amendment rights under the Constitution, and the Pentagon has been threatening active duty members of the military with punishment for practicing their religion, (unless it is Islam of course), or exercising their right to freedom of speech. Not to be outdone, the Environmental Protection Agency (EPA) has turned over the names, addresses, and other private information of over 80,000 American farm families to radical environmental groups that want to put these farms out of business.
If you think closely about all of these so called scandals, they have one common denominator; all of these actions by our government are designed to make us afraid of it. They are meant to induce a climate of fear that has been the major strategy for every dictatorship in history. Adolph Hitler and Joseph Stalin were masters at it and the people in Cuba, China, Iran and other countries still live in this climate.
The philosophy is simple, if people know they are being monitored and that everything they say or do is subject to government scrutiny and possible punishment for any transgressions they commit, they will alter their behavior to conform to the wishes of the dictatorship. In Obamaland that means that the news media will stop investigating his scandals because reporters and their sources are afraid of retaliation by the Justice Department.
People will stop speaking out against Obama, forming groups to influence elections, or contributing to conservative groups and candidates for fear of retaliation by the IRS. Veterans will stop seeking treatment from the VA because they don’t want to be declared incompetent and lose their rights to own a firearm. Americans will be afraid to say what they believe in emails or on the phone and even be fearful of calling their elected representatives.
Worst of all is that as a result of Benghazi members of the military and the diplomatic service will be aware that no one has got their back. They can be sacrificed at any time for the personal political aspirations of this President.
I have come to the conclusion that none of this is an accident. Unfortunately for America, Obama is neither stupid nor incompetent. He is an elitist and a narcissist who knows exactly what he is doing, and it is only going to get worse. We now have Obamacare and the same people in the IRS, DOJ, etc. who have attacked our basic freedoms will now control our access to medical care.
The climate of fear is becoming a reality in the United States of America just as it did in the Soviet Union and Nazi Germany. The difference is that if we recognize it for what it is and Obama for what he is we are still in a position to resist. If that means taking to the streets in massive protests or even forming neighborhood groups to protect ourselves and our homes then so be it.
Our founding fathers gave their all to give us this Constitution and our freedoms, and generations of Americans have given their best and brightest to do battle to defend them. We can do nothing less.