July 4, 2013

“They pledged their lives, their fortunes and their sacred honors … ” [Darleen Click] UPDATED

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Dependence Day

Rerun: from 2009

America_Hostage

Posted by Darleen @ 11:20am
87 comments | Trackback

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Comments (87)

  1. Went to our neighborhood’s 4th of July breakfast this morning. We’ve got tons of Latinos and a goodly number of Africans and Asians living here: most of the whites are old empty-nesters, so the neighborhood will continue to “brown.”

    They’d set up a pick-up soccer game, so it was all racially ranbow-y and stuff. I imagined that if some east coast elite were to wander in, they’d be amazed at how effortlessly all the races just mixed in like that, and I’d have to smack ‘em upside the head and say that this kind of thing happens everywhere, every day in fly-over country. It’s morons like them who hand-wring about racial this and that. The rest of us?

    We don’t give a rip. People are people. Who cares what they look like as long as they don’t try to hurt you?

  2. Oh, and the “brown people” were wearing patriotic-themed tee shirts as often as the white folk were.

    Cripes, I hate the grievance-mongers.

    I plan to pass out copies of the Declaration of Independence and the Bill of Rights in Spanish to the folks setting off fireworks in their driveways this weekend. The Library of Congress translations are really well done, and people appreciate that some dumpy white broad would do outreach to little old them.

    That said, Happy Birthday, DoI! Many happy returns.

  3. - Apparent;ly the devine Miss Moron needs a punch up on record sales or something.

    – Dumber than a box of Pelosi’s or money hungry, take your pick.

    – Course judging from the comment section maybe theres a reason Bill Mehers has switched (sort of).

  4. Shut up and sing, Bette.

  5. A Happy Fourth Of July to all the gang at Protein Wisdom.

    ‘Tis a day for Outlaws to celebrate.

  6. Sounds very nice, dicentra. But I have to ask – how do you think your Latino, African and Asian neighbors voted in 2012? Did they vote for liberty or the mega-state? How will they vote in 2014 and 2016?

    Patriotic t-shirts don’t impress me when they’re worn by people who support Obama, Holder, the Clintons, Valerie Jarrett, Robert Mueller, etc.

  7. - Demorats more proud to be Eurotrash.

  8. I don’t reckon a lot of them are eligible to vote, if you catch my meaning.

    The ones that are LDS converts tend toward liberty rather than statism.

  9. The attorney from the National Lawyers Guild–the group founded by communists and progressives in 1937–was happy, telling the San Francisco Chronicle:

    “We’re very pleased with the result,” said Rachel Lederman, an attorney with the National Lawyers Guild in San Francisco, which represented the plaintiffs. “This is really a good decision by the city and the Police Department to take some responsibility for the fiasco of their ill-planned response to Occupy Oakland and to take responsibility by compensating some of the people who were the most seriously injured.”

    – Because when you innocently disrupt an entire city for a cause you should be compensated.

    – Damn, how I hate these fucking rats, but then again, if it comes out of the pockets of the traitors and morons that live in Frisco, who cares.

  10. - Anyone who can score something will tend toward nanny, because scoring any way you can is a way of life where they come from.

  11. dicentra – So you describe a neighborhood of illegal immigrants, many of whom are only able to read the Declaration and Bill of Rights in Spanish – and you find this situation heartwarming, even as you avoid the question of how these patriotic t-shirt wearers will vote after they’re regularized.

    Sorry – I don’t see this as cause for celebration..

  12. Smoke, she was talking about a slightly different matter. It isn’t a one-dimensional world.

  13. That is why the debate about taxes needs to start with fundamentals. Fixing the existing system or “reforming the IRS” will not address the root of the problem: federal revenues coming from taxes on production.

    So the place to start is repealing the 16th Amendment. Americans have done this sort of thing before. Many states used to impose a poll tax. But when it became clear that system was being used in an abusive way, we passed the 24th Amendment prohibiting that tax.

    Many will say, “We can’t repeal the 16th Amendment until we agree on what will replace income taxes.” But that is a classic political ploy, and we shouldn’t fall for it.

    There are lots of ways to fund the federal government without income taxes, and we don’t need to agree on the solution before we address the root problem. We didn’t need to agree on how to regulate alcohol before repealing the 18th Amendment and ending prohibition.

    It is time to redesign our tax system, and the place to start is repealing the 16th Amendment and prohibiting taxes on production. That would bring an end to the 100-year failed experiment of the federal income tax and end the IRS.

    Then the real debate about what comes after can begin.

    link

  14. the 3rd amendment gets cited

    Police Commandeer Homes, Get Sued

  15. And I am pointing out a dimension that is being ignored, McGehee.

  16. That 3rd ammendment link from NR is un-freakin’-believable. Make sure you read it.

    “You know the score, pal. You’re not cop, you’re little people”

  17. Sounded accusatory, is all.

  18. John Bradley, you have beatle brow.

  19. jb it is a new civil rights movement in the making

  20. SmokeVanThorn, it sounded like truth, stay strong brother.

  21. - I’m not sure about that 3rd thing. Police officers have a right to commandere your property (car, residence) and declare it part of a crime scene in event of an ongoing investigation or emergency. Whether they can act as they did may be another matter, and subject to any laws if they exist.

  22. Volokh has more to say on the third amendment case at hand.

  23. “Police officers have a right to commandere your property (car, residence) and declare it part of a crime scene in event of an ongoing investigation or emergency.”

    like abusing a citizen and taking their fire arms after katrina?

  24. ” Police officers have a right to commandere your property (car, residence) and declare it part of a crime scene in event of an ongoing investigation or emergency”

    in what constitution is that declared?

  25. the problem with the “supreme court” Men in Black: How the Supreme Court Is Destroying America

    A second possible impediment to winning a Third Amendment claim in this case is that the Amendment is one of the few parts of the Bill of Rights that the Supreme Court still has not “incorporated” against state governments. For incorporation purposes, claims against local governments (like this one) are treated the same way as claims against states. On the other hand, the Supreme Court has never ruled that the Third Amendment does not apply to the states.

  26. “On the other hand, the Supreme Court has never ruled that the Third Amendment does not apply to the states. ”

    yea because gay marriage and abortion are things the fed gov’t should be concerned with

  27. Nr, you can read the whole complaint at my link. The case doesn’t sound winnable, but I’m not a lawyer.

  28. ” The case doesn’t sound winnable,”

    those folks at volokh talk the libertarian stuff but when push comes to shove they’re effin’ pussies. the police can take your home for “a crime investigation”?
    good luck containing that.

  29. “The most obvious obstacle to winning a Third Amendment claim here is that police arguably do not qualify as “soldiers.”

    that’s effin pathetic. are military police “soldiers”?

  30. all armed gov’t employees are soldiers! stupid language tricks like “gay marriage”

  31. you work for the fed gov’t. they give you a fire arm. you’re a fed gov’t soldier. ask morisi in egypt.

  32. ” The case doesn’t sound winnable”

    tyranny is just another word when you got nothing left to lose

  33. Dude, I’m just the messenger. Chill, already.

  34. County sheriffs and municipal police are not federal employees, unless the job description has changed. The are employed by the town/city and the county.

    Military police are soldiers, not civilian employees.

  35. ” Chill, already.”

    no thanks too important.

  36. - Municipalities almost always have ordinances covering this contingency, as well as indemnifying them from torts when things go kittywhampous, which they temd to do in emergency situations. Whether they would be deemed constitutional or not is moot since ordinances are seldom if ever challenged by the higher courts.

    – Make of that what you want.

  37. “County sheriffs and municipal police are not federal employees, unless the job description has changed. The are employed by the town/city and the county. ”

    so the us constitution applies to voting in some states but doesn’t apply to other matters. some parts of the fed constitution are required to be implemented on the states and others no. picking and choosing what part of the us constitution the states must follow is the path we are on. looking briefly at the nevada constitution these local clowns were in their “rights”.

  38. - nr, the question of soveriegnty, and where you draw the lines for state/fed, and even county and city powers, is an area that has always been in play, and probably always will be as a practical matter. The 9th and 10th are pretty clear, but are routinely ignored. The courts at the various levels seem to want to keep the lines well blurred because no one really wants to set down any hard and fast rules. YMMV

  39. Which do you want? Federalism or statism? You can’t have it both ways.

    A plain reading of the law says the police were within their overstepping rights. I don’t like it, but it is what it is.

    I’m more upset that they shot the guy’s dog.

  40. “Municipalities almost always have ordinances covering this contingency, as well as indemnifying them from torts when things go kittywhampous ”

    care to site one?

    here’s pa’s constitution

    Quartering of Troops
    Section 23.
    No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.

    link

  41. You’re conflating the local police with soldiers.

  42. - In cases like this, generally, steadfastly ignoring any existing laws/ordinances on the books, judges/juries will usually award citizens commensurate damages, so it goes both ways. See: Oakland OWIEs assholes example from previous link.

  43. - Yes, you’re conflating nr. As far as ordinances, they would easily fill the hoover damn basin. Trust me on this.

  44. “Which do you want? Federalism or statism? You can’t have it both ways.”

    what happened in nev maybe perfectly legal under their constitution. under pa’s no because it follows the bill of rights. as the country expanded the the new states were sloppy in defining the powers of the state.

  45. “You’re conflating the local police with soldiers.”

    soldiers /police are one and the same

  46. - You would win an argument no high court would ever hear – so empty victory. But as I said, generally the lower courts jetison the ordinances if the actions of the police are obvious excesive and award damages.

  47. ““You’re conflating the local police with soldiers.”

    armed agents of the gov’t are soldiers. ask the british redcoats?

  48. soldiers /police are one and the same

    I don’t believe this is accurate.

    As far as the laws in PA go, good for the Keystone State, but this incident happened in Nevada.

    BBH is correct. Should the plaintiff win, doubtful indeed, it would be at best a hollow victory and at worst a very costly uphill battle.

  49. - What you are riling against actually works in the citizens favor in this instance, since the same lack of clear high court position on city ordinances also means even the lowest municiple courts can take the position they have overruling powers and therefore set ordinances aside in cases like this one if they decide to based on the merits of the case. The city pays damages, without admitting any legal blame. Its sort of a agreed to game from all sides.

  50. ” You would win an argument no high court would ever hear”

    i say this isn’t a fed gov’t problem but a state constitution problem. my limited review the nev const. says that the police can do what they did. i juxstaposed that with pa const explicitly saying “no quartering of troops” .
    the prob is in the nev. const. and yes agents of the state are “soldiers” of the state.
    language matters

  51. - Possibly correct, but never heard means no action. You’re better off as a citizen for the courts to have over riding powers as I described.

  52. This being legal, as apparently it is, is very troubling to me. The notion that agents of the state can invite themselves into your home like this is totalitarian.

  53. “soldiers /police are one and the same

    I don’t believe this is accurate.”

    next emergency when the national guard is called to duty?

  54. - Yes, yes it is cranky-d. File under “Nothing, particularly any rule of law, can be perfect”.

    – And that is probably why the powers that be tend to leave some lossy goosy area’s, to minimize potential conflicts etc. Just a guess.

  55. I don’t know anything about the National Guard, so no help here.

  56. here’s volokh at libertarian lawyer clownishment

    The Third Amendment, which forbids “the quartering of soldiers” in private homes in peacetime without the owner’s consent, is often the butt of jokes among lawyers, because it generates so little litigation.

    link

    yea that doc is like over 100 years old and we make no money? asshats.

  57. - The National guard is a strange example. The FED do not have direct command of state malitia’s. If you doubt this recall what happened during Katrina when Gov. Blanco refused to give Bush Martial law powers involving the NO NG for over a week, and only after she relented was Bush able to act. Interestingly the same does not seem to apply to the Coast Gaurd, which was ordered into action immediately by the FED, and did begin rescue operations as soon as possible after the storm passed.

  58. “I don’t know anything about the National Guard,”

    the police are the local army. when they are overwhelmed they call the national guard or state police. armed agents of the gov’t are the military

  59. The Coast Guard is part of Homeland Security, now. Maybe that’s why they have different actionable orders?

  60. - Whether or not NG access by the FED varies from state to state I do not know, but thats doubtful I would think.

  61. yea that doc is like over 100 years old and we make no money?

    That’s not what they are saying there.

  62. The Fed usually has across the board rules, but it’s the governor’s call, as you said BBH.

  63. “If you doubt this recall what happened during Katrina when Gov. Blanco refused to give Bush Martial law powers involving the NO NG for over a week, ”

    dude that was the proggtard effort to damage bush in the ’06 elections paving the way to baracky ’08. every stupid demonrat decision in hindsite about katrina makes sense. ray nagin’s buses should have destroyed the demonrats in a “sane” society.

  64. - I think the difference is the high seas thing Leigh. Which includes the active military defense of the coast lines as just one example, called the ADIZ line, which encloses the North American continent entirely, and represents the early warning point off the coasts. So probably, and I vaguely remember something about this from law studies, the defense of coast, and thus the Coast Gaurd, has always been a FED responsibility since the days of the post-revolution and running right up to WWII and today.

  65. “That’s not what they are saying there.”

    -butt of jokes among lawyers, because it generates so little litigation.-

    stock and trade no?

  66. - Dude I don’t know what you’re going on about dude. My point was to show you that the NG, (war time being an exception oveseen by congress) is not under direct control of the FED, at least not in louisiana.

  67. whether they’re “soldiers, sailors or marines” or irs bureaucrats like lois lerner or policemen on the beat, they are all gov’t “soldiers” fighting the gov’t’s current “war”.
    your local police are a part of the fed gov’t. just be aware of that.

  68. - nr, from what we saw in Boston, 9000+ of the gov’s best were unable to locate one guy in a 10 block square area.

    – The most you have to worry about from these nitwits is that they don’t destroy your boat.

  69. “Dude I don’t know what you’re going on about dude. My point was to show you that the NG, (war time being an exception oveseen by congress) is not under direct control of the FED, at least not in louisiana. ”

    sir,

    i was pointing out the proggtards plans circa 2005 katrina to embarrass bush and shield the the demonrats directly involved in the situation from bad pr. it worked well because in 2006 the demonrats “found” mark foley for a fun distraction. which gave us baracky 2008. me @ 2013 i no play this sanfrannan game no mo’

  70. Police officers have a right to commandere your property (car, residence) and declare it part of a crime scene in event of an ongoing investigation or emergency

    Yeah, that crap needs to end, as well. It’s unacceptable that the police (who already have plenty of ‘superpowers’ that ordinary folk don’t have) can, while attempting to stop a crime or criminal — or just for the hell of it — commit crimes against unrelated third parties (e.g. stealing their stuff).

    But then again, I’m still waiting for the attempted murder charges against the anonymous LAPD members that shot the shit out of those two ladies in the pickup truck for no reason whatsoever.

  71. “- nr, from what we saw in Boston, 9000+ of the gov’s best were unable to locate one guy in a 10 block square area. ”

    >He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
    He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
    He has affected to render the Military independent of and superior to the Civil power.
    He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
    For Quartering large bodies of armed troops among us:
    For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
    For cutting off our Trade with all parts of the world:
    For imposing Taxes on us without our Consent:
    For depriving us in many cases, of the benefits of Trial by Jury:<

  72. - They can erect all the offices they want too. If the occupents can’t find their asses with both hands you worst fear is that they happen to stumble through your neighborhood.

  73. - BTW, heres a live video link for the San Diego harbor. Might possibly see the Fireworks show, (assuming we don’t have a repeat from last year when all 8 barges went up at once). This one is supposed to be longer and more dramatic than past shows, so we’ll see.

  74. > If the occupents can’t find their asses with both hands you worst fear is that they happen to stumble through your neighborhood.<

    my fear: baracky has set the "tone" in the fed gov't. now it is rippling out to all the parasitic state/local entities(fed funds). at the local level their allegiance is to the fed.

  75. - 2 minutes to start.

  76. really: baracky, reid, pelosi, clinton(2), fluke ?

    weiner???

    what gop clowns!

  77. - Beuatiful….I’m watching the live video feed and listening to the acompanying music track on KOGO.

  78. ah yes did ca check the pm-2.5 level of this event? shut it done now/eco freak

  79. backstory- saw the printout of pgh’s air “quality” during a few of these “events”

  80. - Egypt prepares for backlash.

  81. I used to love the fireworks in San Diego. When I lived out in Sunset Cliffs ages ago, they had fireworks everynight when SeaWorld closed. I could watch them from my balcony.

  82. Darleen or whoever, please start a new thread?

  83. Coast Guard: Federal Agency. Always has been. Branch, originally, of the Treasury Department, which is why their ships are called “cutters”, short for “revenue cutters”. Integrated into the Navy for warfighting especially during WW I and WW II. Currently under DHS.

    National Guard: State militia. Originally, states raised and maintained militia regiments. See 20th Maine, etc. The Regular Army was very small, and in time of war, the President called for volunteers from the State Militias. This practice gave Governors a number of plum patronage jobs to hand out as officers in the regiments. It continued until the Civil War, when the Federal government realized three things: one, the state militias were primarily loyal to the states that raised them, not the national government; two, the quality of the troops, especially the officers, was very uneven since political donor != general; three, they were a logistical nightmare because of non-standard weaponry. At that point, we moved to a national army with conscription into the national army as needed.

    However, governors still needed a body of troops under their control for emergencies, so the “National Guard” was set up as a compromise.

  84. Thanks, SDN. I knew you’d know the information.

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