R.I.P. – Bill of Rights and U.S. Constitution

~~ How Liberals Dismantle the Constitution Piece by Piece ~~

There is a war going on. And the war is between WE THE PEOPLE – WE THE CONSTITUTION LOVING AMERICANS versus the constitution dismantling liberals.

We’re already used to seeing hits against the constitution by President Obama and his radical thugs of the Democrat party.

Every single day we witness, among many others, hits against traditional marriage, the constant attacks on the second Amendment rights to bear arm, freedom of person liberty through TSA pet downs at Airports, and the unconstitutional force of Obama Care.

Those attacks are perpetrated by lawmakers who actually took an oath to “Defend the constitution against all enemies foreign and domestic” and yet the very same democrat lawmakers, and their appointed czars and radical pundits work very hard every single day to dismantle the Constitution piece by piece.

The latest and most brutal attack on the constitution took place on May 11, 2011 by Indiana Supreme Court Justice Steven David when he ruled against the 4th Amendment of the “Right of Privacy”. 

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4th Amendment (Search and Seizure)

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched, and the person or things to be seized.

(Dated back to the English Magna Charta of 1215)

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What wonderful words, now worthless.

What happened: The court’s decision is based on a case inVanderburgh County,Indiana. Cops were called to a domestic argument between a couple, husband and wife, outside their apartment.

The couple went back inside their apartment and the husband told police officers that their service was no longer needed. He blocked the doorway to refuse the Police officers entry to the apartment.

The police forcefully made their way into the apartment and the homeowner shoved the Police officer against the wall and then was hit by a second officer with a stun gun, and then arrested.

The entry of the Police officers into the apartment was never asked for by the wife or the husband so the cops, in my opinion, had no legal authorization to go inside.

Sure one can say that this was Mr. Barnes’ own fault by pushing the officer against the wall; however he has every right to defend his home and once he refused entry to the police any further attempt by the same is a violation of his privacy rights.

In a 3-2 decision Justice David writing for the court says if a police officer wants to enter a home for any reason or no reason at all, homeowners cannot do anything to block the officer’s entry.

As a matter of fact Justice David says that a person arrested following an unlawful entry by police still can be released on bail which allows plenty of opportunities to protest the illegal entry through the court system.

Or in other words up until now the burden of proof rested clearly on the Prosecution (the state), but in this case it appears that it rests on the defendant. Once again if we, the citizens, feel our privacy rights have been violated due to unlawful search and seizure we have to hire a Lawyer and file charges.

Since not everybody can afford high priced Lawyers, this is nothing but a free pass for the police to act as they please.

Just imagine this: As of now any cop if he does not like your face, your car or if he is jealous because you dare to work hard and drive a fancy vehicle can now, according to this law, stop you and search and seize your car whenever he pleases; In front of your family, your kids, and all your friends embarrassing you just as he/she likes.

And there is nothing you can do about it. 

I don’t remember when the United States became a Police State with Gestapo Methods.

Justice Steven David, born 1957 was a Chief Defense Counsel for the “Office of Military Commission” the body that was authorized to conduct the military commission to try Guantanamo captives.

He was highly critical of the way the commission had relied on hearsay evidence, secret testimony, and that evidence of abusive interrogation had been suppressed. In fact according to “The Times” he called for the entire military commission system to be scrapped. 

In October of 2010 he was appointed by President Obama as Justice of the Indiana Supreme Court.

Since the United States Justice System is based on a “Creative Precedence” system, meaning that, unless the United States High Supreme Court makes a final ruling, many court decisions are based on previous Supreme Court rulings.

We will soon see what this ruling actually means, when illegal or unconstitutional search and seizures become common practice throughout theUnited Statesciting the Indiana Supreme Court Ruling as the precedence case and prototype.

This is the first direct hit against the United States Constitution taking away our most fundamental indefeasible liberty rights. 

May God have Mercy on America

 

Rest in Peace Constitution

 

Sources:

  •    NWI Times
  • Find Law for legal professionals
  • Supremecourt Ruling Barnes vs. State
  • Wikipedia on Justice Steven David

15 responses

  1. Enigmaticaluna | Reply

    I have to wonder if this law if definitive, or it’s possible to contest, because I’m sure that some body is going to come forward, we’re surrender but nothing than lunatics, with too much ego for control. I would like to see what this nut case judge Steven Davis would do if the police goes to his house, to do a faults arrest and bring him the same justice that he want to give the rest of the State.
    I also understand that besides control, it’s as well about money if people is detain with out reason they need to paid to get out and more money to defend themselves, the court system is sure corrupt, and how can a citizen defend themselves against those that make the law? they have no change, it’s totally dictatorship and if we don’t paid attention is moving to every single State, they always choose one State to bring unrest and see the reaction of the people, they are forcing the people to fight and is going to be very dirty.
    Great post my friend.

  2. Charles E Dudley Jr | Reply

    I have to agree RIP US Constitution as we know it.

  3. This is a complete miscarriage of justice! If I find this Court to be contemptible, does this make me to be; in Contempt of Court?

    1. Yes we are Dan, step by Step Obama transfers this country into a police state. The next hit at the Constitution is already scheduled on Monday in St. Louise. Against the 1st Amendment and is mentioning Jesus free speech

  4. Only a fool or a Useful Idiot would not agree that Muslim President Barack Hussein Obama II is doing everything possible to destroy our country by his illegal policies and illegal fascist actions against our personal liberties and freedoms.
    James G. Borden
    Newsletter Editor
    AMERICAN PATRIOTS’ MOVEMENT OF AMERICA
    National Headquarters
    Hilo, Hawaii 96720

    1. I agree with you Mr. Borden,
      I am one man and do what is in my power to do stop Barack Hussein Obama II, and make him a one termer. I post, I lobby, I awake people. Together we are strong, let us all work together. We have a beautiful country to repair. Thank you for reading this Sir and please feel free to share, repost and use as you please. God Bless you and God Bless America

      Tom Lehner
      Adrian, Texas

  5. The United States Constitution, for now, is by De Facto, Dead. And, it will remain Dead until we Replace Obama and The Entire United States Congress who openly stated during the Obama Care Discussions that and this is a quote: “We (the congress of the USA) do not care about what is in the United States Constitution.” Al Cee Hastings, United States Congressman made that statement when asked about the Constitutionality of Obama Care. Al Cee Hastings was speaking for the United States Congress and for President Barack Hussein Obama. How can we expect anybody to challenge Obama’s citizenry when they have already determined that the Constitution is already Meaningless in any actions they take??? Wake Up America. The Constitution and Our Rights has become nothing but a Myth.

  6. Enigmaticaluna,

    Supreme Courts do not make laws. They interpret laws. Cognitive failure much?

  7. After 911 kept wondering where the next big terrorist attack would be – it’s sitting in the White House

  8. Dr James Lehman | Reply

    Federalism died on April 8, 1913 with the passage of the 17th Amendment. With that action came a barrage of immoral if not unconstitutional laws from an “unchecked” Congress. The US Supreme Court became very activist against this new Congressional attitude toward our freedoms. There was more nullifications by the Supreme Court from 1913-1937 (FDR threatened to court pack the US Supreme Court) than their entire history prior to 1913. Today we are on the edge of Socialism/Communism due to a steady decline of our freedoms post Federalism.

  9. Enigmaticaluna | Reply

    So those that has pass can be remove, and what happen to the Gov. a republican who said nothing yet and is looking to be President? What is wrong with this people?
    Come in mind this words of Jefferson on his letter to his good friend William Smith.

    “The people cannot be all, & always well informed. The part which is wrong will be discontented in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty. We have had 13. states independent 11. years. There has been one rebellion. That comes to one rebellion in a century & a half for each state. What country before ever existed a century & a half without a rebellion? & what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon & pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. It is it’s natural manure. Our Convention has been too much impressed by the insurrection of Massachusetts: and in the spur of the moment they are setting up a kite to keep the hen-yard in order. I hope in God this article will be rectified before the new constitution is accepted. — You ask me if any thing transpires here on the subject of S. America? Not a word. I know that there are combustible materials there, and that they wait the torch only. But this country probably will join the extinguishers. — The want of facts worth communicating to you has occasioned me to give a little loose to dissertation. We must be contented to amuse, when we cannot inform.”

    It’s this times such is those he express? provably… at least that seems, a revolution must occur, I hope is of the minds, as it’s is powerful when together we can wake up people and alert them, other wise if people play the same foolishness, will be no other choice but to fight where that blood must be miss between the two. Sad times we’re in truly, and has my heart for quiet sometimes in allot distress, but I keep fighting because I need to change that.

    God bless and thank you everyone.

    Enigma.

  10. ……………………….We the People of the United States in Order to form a more perfect Union establish Justice insure domestic Tranquility provide for the common defence promote the general Welfare and secure the Blessings of Liberty to ourselves and our Posterity do ordain and establish this Constitution for the United States of America……. If any Bill shall not be returned by the President within ten Days Sundays excepted after it shall have been presented to him the Same shall be a Law in like Manner as if he had signed it unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law.Every Order Resolution or Vote to which the Concurrence of the Senate and House of Representatives may be necessary except on a question of Adjournment shall be presented to the President of the United States and before the Same shall take Effect shall be approved by him or being disapproved by him shall be repassed by two thirds of the Senate and House of Representatives according to the Rules and Limitations prescribed in the Case of a Bill.Section 8 The Congress shall have Power To lay and collect Taxes Duties Imposts and Excises to pay the Debts and provide for the common Defence and general Welfare of the United States but all Duties Imposts and Excises shall be uniform throughout the United States To borrow Money on the credit of the United States To regulate Commerce with foreign Nations and among the several States and with the Indian Tribes To establish an uniform Rule of Naturalization and uniform Laws on the subject of Bankruptcies throughout the United States To coin Money regulate the Value thereof and of foreign Coin and fix the Standard of Weights and Measures To provide for the Punishment of counterfeiting the Securities and current Coin of the United States To establish Post Offices and post Roads To promote the Progress of Science and useful Arts by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries To constitute Tribunals inferior to the supreme Court To define and punish Piracies and Felonies committed on the high Seas and Offenses against the Law of Nations To declare War grant Letters of Marque and Reprisal and make Rules concerning Captures on Land and Water To raise and support Armies but no Appropriation of Money to that Use shall be for a longer Term than two Years To provide and maintain a Navy To make Rules for the Government and Regulation of the land and naval Forces To provide for calling forth the Militia to execute the Laws of the Union suppress Insurrections and repel Invasions To provide for organizing arming and disciplining the Militia and for governing such Part of them as may be employed in the Service of the United States reserving to the States respectively the Appointment of the Officers and the Authority of training the Militia according to the discipline prescribed by Congress To exercise exclusive Legislation in all Cases whatsoever over such District not exceeding ten Miles square as may by Cession of particular States and the Acceptance of Congress become the Seat of the Government of the United States and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be for the Erection of Forts Magazines Arsenals dock-Yards and other needful Buildings -AndTo make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States or in any Department or Officer thereof.Section 9The Migration or Importation of such Persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight but a Tax or duty may be imposed on such Importation not exceeding ten dollars for each Person.The Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion or Invasion the public Safety may require it.No Bill of Attainder or ex post facto Law shall be passed. No Capitation or other direct Tax shall be laid unless in Proportion to the Census or Enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State.No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another nor shall Vessels bound to or from one State be obliged to enter clear or pay Duties in another.No Money shall be drawn from the Treasury but in Consequence of Appropriations made by Law and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.No Title of Nobility shall be granted by the United States And no Person holding any Office of Profit or Trust under them shall without the Consent of the Congress accept of any present Emolument Office or Title of any kind whatever from any King Prince or foreign State. See Sixteenth Amendment.Section 10No State shall enter into any Treaty Alliance or Confederation grant Letters of Marque and Reprisal coin Money emit Bills of Credit make any Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill of Attainder ex post facto Law or Law impairing the Obligation of Contracts or grant any Title of Nobility.No State shall without the Consent of the Congress lay any Imposts or Duties on Imports or Exports except what may be absolutely necessary for executing its inspection Laws and the net Produce of all Duties and Imposts laid by any State on Imports or Exports shall be for the Use of the Treasury of the United States and all such Laws shall be subject to the Revision and Controul of the Congress.No State shall without the Consent of Congress lay any Duty of Tonnage keep Troops or Ships of War in time of Peace enter into any Agreement or Compact with another State or with a foreign Power or engage in War unless actually invaded or in such imminent Danger as will not admit of delay. But if there should remain two or more who have equal Votes the Senate shall chuse from them by Ballot the Vice President. The Congress may determine the Time of chusing the Electors and the Day on which they shall give their Votes which Day shall be the same throughout the United States.No Person except a natural born Citizen or a Citizen of the United States at the time of the Adoption of this Constitution shall be eligible to the Office of President neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years and been fourteen Years a Resident within the United States. In Case of the Removal of the President from Office or of his Death Resignation or Inability to discharge the Powers and Duties of the said Office the Same shall devolve on the Vice President and the Congress may by Law provide for the Case of Removal Death Resignation or Inability both of the President and Vice President declaring what Officer shall then act as President and such Officer shall act accordingly until the Disability be removed or a President shall be elected. The President shall at stated Times receive for his Services a Compensation which shall neither be increased nor diminished during the Period for which he shall have been elected and he shall not receive within that Period any other Emolument from the United States or any of them.Before he enter on the Execution of his Office he shall take the following Oath or Affirmation – I do solemnly swear or affirm that I will faithfully execute the Office of President of the United States and will to the best of my Ability preserve protect and defend the Constitution of the United States. Changed by the Twelfth Amendment. Changed by the Twenty-Fifth Amendment.Section 2The President shall be Commander in Chief of the Army and Navy of the United States and of the Militia of the several States when called into the actual Service of the United States he may require the Opinion in writing of the principal Officer in each of the executive Departments upon any Subject relating to the Duties of their respective Offices and he shall have Power to grant Reprieves and Pardons for Offenses against the United States except in Cases of Impeachment.He shall have Power by and with the Advice and Consent of the Senate to make Treaties provided two thirds of the Senators present concur and he shall nominate and by and with the Advice and Consent of the Senate shall appoint Ambassadors other public Ministers and Consuls Judges of the supreme Court and all other Officers of the United States whose Appointments are not herein otherwise provided for and which shall be established by Law but the Congress may by Law vest the Appointment of such inferior Officers as they think proper in the President alone in the Courts of Law or in the Heads of Departments.The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate by granting Commissions which shall expire at the End of their next Session.Section 3He shall from time to time give to the Congress Information of the State of the Union and recommend to their Consideration such Measures as he shall judge necessary and expedient he may on extraordinary Occasions convene both Houses or either of them and in Case of Disagreement between them with Respect to the Time of Adjournment he may adjourn them to such Time as he shall think proper he shall receive Ambassadors and other public Ministers he shall take Care that the Laws be faithfully executed and shall Commission all the Officers of the United States.Section 4The President Vice President and all civil Officers of the United States shall be removed from Office on Impeachment for and Conviction of Treason Bribery or other high Crimes and Misdemeanors.

  11. Interesting.

  12. I agree with you that this is an abomination, but this is not the first highly critical hit against the Constitution. The first major hit is the Patriot Act, which not only allows illegal searches and seizures, but allows a person to be held without charge, with no access to legal representation, and without the right to a speedy trial, let alone a trial by peers. I completely understand the need for protection from terrorism, but that is not the issue. How long do you suppose this need for protection from radicals is going to last? – indefinitely? Why not try and convict someone of crimes if a crime is committed?

    I applaud your conviction toward Constitutional law, and your disdain against those who step all over it, but your critical eye is not focused broadly enough. And yes, there have been abuses to this act:
    http://www.infowars.com/print/patriot_act/teenrebel.htm

    You have to view this one:
    http://aspiehomeeducation.blogspot.com/2009/05/home-educated-teen-accused-of-terrorism.html

    A person cannot pick and choose who should and shouldn’t be protected by Constitutional law, even if the Patriot Act was used to harass bikers, (which is was). How long before an agency or politician with dubious intent abuses this power to harass those who oppose them on political issues?

    We are either protected by Constitutional law, or we are not – choose.

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