My thanks goes out to Michael Connelly for taking the time to review this new law and allow me to post it here. You can find him at http://michaelconnelly.viviti.com/
The liberal news media is hysterical, the President of the United States is threatening to have Federal agents reviewing every arrest that is made by State and Local authorities, and the Attorney General of the United States is considering filing a suit in Federal Court to have the law declared unconstitutional. All of this is allegedly being done to protect “Civil Rights”. At first glance, you might think that this was something written about the efforts to abolish the segregation laws in the deep south in the 1960s.
However, that is not the case because the reactions I am referring to are those being directed at the sovereign state of Arizona for daring to try and stem the tide of illegal immigrants, illegal drugs, and violent criminals flowing across its southern border. This is a tide that is destroying the state’s economy and causing massive increases in crime including the murder of American citizens on the border who dare to complain. Yet, the American public is being told that this law will cause violations of civil rights and so a boycott of Arizona is being called for to punish the citizens of the state because they overwhelmingly support the new law.
So what exactly does this law say? Well, it is Senate Bill 1070 passed by the Arizona Legislature and I have read the entire bill and it was indeed a pleasure because it is a comprehensive and straightforward piece of legislation that is only 17 pages long. Compare that to the health care bill recently passed by Congress that was over 2700 pages and the pending Cap and Trade Bill that is over 1400 pages long. I can guarantee that everyone in the Arizona legislature read the bill before they voted on it, unlike Nancy Pelosi, who informed members of the Congress that they needed to pass the health care bill so they could find out what was in it.
In a nutshell, the new Arizona law tracks the Federal law that has been in existence for 23 years but is no longer enforced by the Obama Administration. The people of Arizona, through their elected representatives, have simply taken the laws against illegal immigration adopted by Congress and made them into state laws that can be enforced by local authorities. They have found this necessary because it is estimated that over 50% of the illegal aliens that enter the United States and 50% of the illegal drugs that are brought into this country from Mexico now come across the Arizona border.
Since President Obama’s response to this crisis situation was to reduce the number of Border Patrol agents on the southern border with Mexico by 346 members, the people of Arizona were left with little choice but to take action on their own since the Federal Government has abdicated its responsibility to provide for the “common defense” of the American people. We should make no mistake here, what is happening on our southern border is an invasion that is robbing Americans of much needed jobs and subjecting our citizens to the violence that is being perpetrated by the Mexican drug cartels and spilling over into our country.
Despite the wildly exaggerated claims being made by the left, particularly those in media outlets like the major networks such as NBC and CNN, the Arizona law does not provide for the wholesale rounding up of Hispanics on every street corner in Arizona. The police must have probable cause to believe someone is in the country illegally or they must catch someone in the act of breaking another law. Then the authorities will have the right to detain the person and determine their immigration status. It is not the state that requires documents to prove legal status, it is a requirement of Federal law that all legal immigrants in the United States have written authorization from the Federal Government to be here.
If such authorization can’t be verified in the Federal data bases then the person involved is considered an illegal and is breaking the laws of both the Federal and State governments. They are essentially trespassing on American soil and charging them with this crime is no more a violation of their civil rights than arresting someone who has broken into someone else’s home. The charge that this will result in racial profiling is ludicrous. The American people are not as ignorant as the elitists on the left like to portray us. We are quite aware, even if Attorney General Eric Holder is not, that the vast majority of the people crossing the U.S. border from Mexico are not Irish and they don’t speak Gaelic. They are Hispanic and speak Spanish.
The Arizona law also tracks the Federal laws by making it a State criminal offense to smuggle people into this country illegally and for businesses to hire people who are in the country illegally. I personally believe that it is time for the Obama Administration to be reminded that the rights guaranteed by our Constitution are for those individuals who are citizens of our nation and those who have immigrated here legally. I do not believe that the Founding Fathers ever intended for them to apply to those who cross our borders illegally in order to violate our laws. Providing them with due process is fine, but giving them special consideration because the current Administration and Congress want to eventually make them citizens who will vote for candidates of the Democratic Party is unacceptable.
It is time that we start looking out for the Civil Rights of our own citizens. The State of Arizona is doing just that and any attempts to stop it from exercising its rights under the Tenth Amendment to the Constitution are beyond the powers authorized in the Constitution to the President or Congress.
As for the proposed boycott of Arizona, my response is simply this. I personally intend to visit that beautiful state as often as I can and spend as much money as I can afford. I encourage all of my friends and readers to do the same. It is time for all of us who continue to fight to be free Americans to stand together. As Benjamin Franklin said, “We must all hang together; else we shall all hang separately.”
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Tuesday, April 27, 2010
Monday, March 22, 2010
Obama healthcare - the legal challenges to come.
My letter to Michael Connelly, a constitutional lawyer and professor.
I personally believe that Michael has real understanding and insight into the constitutionality of Obama Care.
Dear Michael;
I wish you well on the upcoming legal challenges you’ll be involved in with the U.S. Justice Foundation against this Healthcare outrage. I am pleased that you and many other knowledgeable Americans who have true understanding of the U.S. Constitution will be filing suits to have it overturned. The bigger and more looming reality is - what’s next? It’s obvious that the socialists are now in control of the American governmental system at the federal level. I say it in this context because I don’t believe that the majority of Americans want this form of healthcare, and most of us want common sense change - not government intervention and takeover. We’d rather see competition in each and every state from all healthcare providers.
We Americans who believe in the U.S. Constitution will patiently await the outcome of the legal challenges to come. I know there will be many. Several States have already voiced their opposition regarding this issue. Hopefully many Americans will come to learn that this was an un-authoritative act led by Barrack Obama and the United States Congress - a heinous act, not enumerated in the Constitution, yet fully perpetrated by a small group of elected ultra-liberal Americans who wish to change America as we know it. Is their goal greed and power? I wish I knew. Not knowing for sure is the most dangerous element of their actions. I pray for the ultimate change next November when all of those in favor of this bill are removed from office.
In summary; if the legal challenges ultimately prove to be futile, America will find itself in an ideological war that could lead to civil unrest, and then – who knows?
GOD bless this great country and remove those who would usurp Freedom and Truth.
I personally believe that Michael has real understanding and insight into the constitutionality of Obama Care.
Dear Michael;
I wish you well on the upcoming legal challenges you’ll be involved in with the U.S. Justice Foundation against this Healthcare outrage. I am pleased that you and many other knowledgeable Americans who have true understanding of the U.S. Constitution will be filing suits to have it overturned. The bigger and more looming reality is - what’s next? It’s obvious that the socialists are now in control of the American governmental system at the federal level. I say it in this context because I don’t believe that the majority of Americans want this form of healthcare, and most of us want common sense change - not government intervention and takeover. We’d rather see competition in each and every state from all healthcare providers.
We Americans who believe in the U.S. Constitution will patiently await the outcome of the legal challenges to come. I know there will be many. Several States have already voiced their opposition regarding this issue. Hopefully many Americans will come to learn that this was an un-authoritative act led by Barrack Obama and the United States Congress - a heinous act, not enumerated in the Constitution, yet fully perpetrated by a small group of elected ultra-liberal Americans who wish to change America as we know it. Is their goal greed and power? I wish I knew. Not knowing for sure is the most dangerous element of their actions. I pray for the ultimate change next November when all of those in favor of this bill are removed from office.
In summary; if the legal challenges ultimately prove to be futile, America will find itself in an ideological war that could lead to civil unrest, and then – who knows?
GOD bless this great country and remove those who would usurp Freedom and Truth.
Wednesday, January 13, 2010
A Constitutional Summary on the impact of the Obama Health Care Bill of 2010
The Truth About the Health Care Bills
by; Michael Connelly, Retired Constitutional Attorney
Well, I have done it! I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009. I studied it with particular emphasis from my area of expertise, constitutional law. I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected..
To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying. This 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.
The Bill will also eventually force private insurance companies out of business, and put everyone into a government run system. All decisions about personal health care will ultimately be made by federal bureaucrats, and most of them will not be health care professionals. Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled by the government.
However, as scary as all of that is, it just scratches the surface. In fact, I have concluded 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.
The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government. The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people, and the businesses they own.
The irony is that the Congress doesn't have any authorityto legislate in most of those areas to begin with! I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care.
This legislation also provides for access, by the appointees of the Obama administration, of all of your personal healthcare direct violation of the specific provisions of the 4th Amendment to the Constitution information, your personal financial information, and the information of your employer, physician, and hospital. All of this is a 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.
If you decide not to have healthcare insurance, or if you have private insurance that is not deemed acceptable to the Health Choices Administrator appointed by Obama, there will be a tax imposed on you. It is called a tax instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn't work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the due process of law.
So, there are three of those pesky amendments that the far left hate so much, out the original ten in the Bill of Rights, that are effectively nullified by this law It doesn't stop there though.
The 9th Amendment that provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people;
The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people. Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control.
I could write many more pages about this legislation, but I think you get the idea. This is not about health care; it is about seizing power and limiting rights. Article 6 of the Constitution requires the members of both houses of Congress to "be bound by oath or affirmation to support the Constitution." If I was a member of Congress I would not be able to vote for this legislation or anything like it, without feeling I was violating that sacred oath or affirmation. If I voted for it anyway, I would hope the American people would hold me accountable.
For those who might doubt the nature of this threat, I suggest they consult the source, the US Constitution, and Bill of Rights. There you can see exactly what we are about to have taken from us.
Michael Connelly
Retired attorney,
Constitutional Law Instructor
Carrollton , Texas
Tuesday, December 29, 2009
A Tragic Death in Washington State
My response to articles and replies about Dan Wasilchen's death; read more at; http://www.redcounty.com/washington-state-political-magazine/35236?taxonomy=1759
Mr. Anonymous replied on Tue. 06/09/09 at 07:37PM and is too cowardly to stand behind his own words. He has replied a number of other times also and completely misses the point. I put my name on this reply because I stand behind what I believe and say. If someone doesn't like it, that's why we have the First Amendment. Dan Wasilchen, a tax paying citizen and homeowner was alive, and is now DEAD! Forever! There is no justification for it - no amount of weeds! His life was cut short because Mr. Gohrman (a noxious weeds inspector) could not properly execute the duties of his job. Wasilchen was provoked into a confrontation by Gohrman [who escalated and embellished the argument], and ultimately with Police. The government vs. civilian challenge had a terrible outcome for the entire community. Everyone lost! All government workers who deal directly with the public need to go through an intensive and thorough training that along with many other things, teaches them that civilians are very protective of their property and do not like government intrusion no matter how legal it is. Some civilians have mild tempers and some don't. A good sensitivity training will go along way to protect both sides. It appears from reading everything about this case that Mr. Gohrman went beyond the legal limits of his job. This kind of thing is happening all too often; government employees challenging citizens rather than helping them. Here's a simple primer for all government employees; you are a servant of the public, PERIOD! We pay your salary, your great medical, and your fat pensions. We can deal with all that if you serve us well and prove you deserve it by your actions. But, get in our face and the results will vary from arguments to murder. It's simple; treat us with respect (you might even have to go out of your way occasionally), and the symbiotic relationship between us will flourish. Let's not be at war with each other!
Friday, December 4, 2009
AMERICAN OIL - a ghastly amount!
The Bakken is the largest domestic oil discovery since Alaska's Prudhoe
Bay, and has the potential to eliminate all American dependence on foreign
oil. The Energy Information Administration (EIA) estimates it at 503 billion
barrels. Even if just 10% of the oil is recoverable... at $107 a barrel,
we're looking at a resource base worth more than $5..3 trillion.
"When I first briefed legislators on this, you could practically see their jaws hit the floor. They had no idea.." says Terry Johnson, the Montana Legislature's financial analyst. "This sizable find is now the highest-producing onshore oil field found in the past 56 years," reports The Pittsburgh Post Gazette. It's a formation known as the Williston Basin, but is more commonly referred to as the
'Bakken.' It stretches from Northern Montana, through North Dakota and into Canada. For years, U. S. oil exploration has been considered a dead end. Even the 'Big Oil' companies gave up searching for major oil wells
decades ago. However, a recent technological breakthrough has opened up the Bakken's massive reserves....and we now have access of up to 500 billion barrels. And because this is light, sweet oil, those billions of barrels
will cost Americans just $16 PER BARREL!
That's enough crude to fully fuel the American economy for 2041 years straight. And if THAT didn't throw you on the floor, then this next one should - because it's from 2006!
U. S. Oil Discovery- Largest Reserve in the World, Stansberry Report Online - 4/20/2006
Hidden 1,000 feet beneath the surface of the Rocky Mountains lies the largest untapped oil reserve in the world. It is more than 2 TRILLION barrels. On August 8, 2005 President Bush mandated its extraction. In three and a half years of high oil prices none has been extracted. With this motherload of oil why are we still fighting over off-shore drilling?
They reported this stunning news: We have more oil inside our borders, than all the other proven reserves on earth. Here are the official estimates:
- 8-times as much oil as Saudi Arabia
- 18-times as much oil as Iraq
- 21-times as much oil as Kuwait
- 22-times as much oil as Iran
- 500-times as much oil as Yemen
- and it's all right here in the Western United States .
HOW can this BE? HOW can we NOT BE extracting this? Because the environmentalists and others have blocked all efforts to help America become independent of foreign oil! Again, we are letting a small group of
people dictate our lives and our economy......WHY?
James Bartis, lead researcher with the study says we've got more oil in this very compact area than the entire Middle East -more than 2 TRILLION barrels untapped. That's more than all the proven oil reserves of crude oil
in the world today, reports The Denver Post.
Don't think 'OPEC' will drop its price - even with this find? Think again!
It's all about the competitive marketplace, - it has to. Think OPEC just might be funding the environmentalists?
Got your attention yet? Now, while you're thinking about it, do this:
Pass this along www.TalkAmerican.blogspot.com If you don't take a little time to do this, then you
should stifle yourself the next time you complain about gas prices - by doing NOTHING, you forfeit your right to complain. As Americans - our voices make a difference. So, go make a difference, send this to every one in your address book.
Verify at the links below.
<http://www.usgs.gov/newsroom/article.asp?ID=1911>
http://www.usgs.gov/newsroom/article.asp?ID=1911
< <http://www.usgs.gov/newsroom/article.asp?ID=1911>
http://www..usgs.gov/newsroom/article.asp?ID=1911>
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