Limits To Suspension Of Civil Rights

 

Our Constitution (As includes The Bill Of Rights) lists some rights which have only the most rare limits as can be inflicted only in the most rare circumstances.

For example, the  right (ie Privilege in archaic terms) to Habeas Corpus may only be suspended, according to our Constitution: "The privilege of the writ of habeas corpus shall not be suspended, only in the case of "rebellion or invasion".

Please specially note that this, rare limit, to our Rights can be constitutionally applied only in such conditions AND that "public safety" alone does NOT allow for the suspension of such rights as:
1. Free speech;
2. The free exercise of religion; And,
3. The individual right of law abiding citizens (ie Age 18-years and above) to (Buy) "keep and bear arms" (ie Without "infringement").

The "General Militia" Of The USA

 The (Unorganized) "General Militia Of The United States" is defined, by Federal law, as provided below (A). (I doubt me that more recent decisions of the courts would support the maximum age cited.)

The intent of the Founders of our Republic as to the benefits of and armed citizenry [eg To suppress tyrants who include common criminals, members of dangerous mobs-and-packs (eg Members of "AntiFa" and the "action arm" of the Marxist formed and led BLM) and those politicians who suppress the rights which should/must be protected by The Bill Of Rights].

That "intent" is well documented (B & C) in support of the individual right of (Law-abiding) citizens (Age 18-years and above) to "Keep and bear arms (WITHOUT "INFRNGEMENT").

"The Supreme Court Of The United States" has, but only in-part, supported that right (D).

                                                                  NOTES

10 U.S. Code § 246 - Militia: composition and classes

• U.S. Code

(a)

The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45M years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b)The classes of the militia are—

(1)

the organized militia, which consists of the National Guard and the Naval Militia; and

(2)

the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

B. <http://www.crusaderknight.blogspot.com/2014/09/founders-of-usa-guns-tyrants-ated.html>

C. <http://crusaderknight.blogspot.com/2016/11/shall-not-be-infringed.html

D. <District of Columbia v. Heller, 554 U.S. 570 (2008)>

E. <http://crusaderknight.blogspot.com/2018/06/jefferson-on-constitution-updated.html>

F. <http://crusaderknight.blogspot.com/2020/05/michigans-governor-nervous-american

G. <http://crusaderknight.blogspot.com/2020/03/why-democrats-support-gun-control.html>

H.. “To disarm the people is the best and most effective way to enslave them” (George Mason, American revolutionary)

"People Of Color", Violence, Police & Cultural Norms

 Again I must present the following and true statements.

1. White peace officers are no more likely to shoot Blacks than are Black officers. This, clearly, demonstrates that both, very correctly, use lethal force to immediately put halt to those criminals who "Present A Clear And Present Danger To Life Or Great Bodily Harm" to them AND other innocent humans.

2. It can take over 30 "hits" from handguns to stop such dangerous criminals.

3. Such "Non-Lethal" as "Tasers" will not provide the necessary-and-instant defense of innocents as is, most especially, the case when the criminal has been using certain illegal drugs (eg PCP).

4. The vast majority of Blacks who are murdered are slaughtered by other Blacks and not Whites.

5. Black criminals select out, on the basis of race, Whites as targets for their attacks at a rate many times the reverse. THE VICTIMS OF SUCH ATTACKS ALSO DEMAND AND REQUIRE "RACIAL JUSTICE"!

6. Those other People-Of-Color, whose ancestry is in India (Many having very dark skins), China, Korea and Japan (Along with those from traditional Jewish families) set records of academic performance AND  avoiding criminal acts well above that of our White fellow Americans and very much more so than that well established by the USA's Blacks.  (Therefore, it is the case that such differences are NOT based on the amount of Melanin in our bodies, BUT on cleaving to SUPERIOR Vs. INFERIOR CULTIRAL MODELS/NORMS.)

Count Every LEGAL Vote----ONLY

 <https://thehill.com/blogs/congress-blog/judicial/524268-biden-trump-the-senate-and-lower-court-selection>

• 
  

  
  

  After considering the above-cited offering, I must note the following:

  1. Our Republic's Constitution gives the duty and authority to nominate persons to fill judicial vacancies to POTUS and to no one else.

  2. Obama failed to execute that duty in many (100s of?) cases allowing President Trump to (Gleefully?) do so.

  3. The entire US Senate (ie There being NO constitutional provisions for politic consultations OR, much more importantly, the "Blue Slip" veto) has the sole authority to approve or (Even by ignoring such) not-approve such nominations.

  4. I have not seen any scientific proofs as establish any relationship between the amount of melanin  or estrogen (Or, sexual choice, style, orientation, etc.) and any person's ability to demonstrate excellence in any or all areas of human "work"; And, there is no constitutional provision for the consideration of such characteristics in the making of judicial nominations or of approving/rejecting them.

  5. As to race, it appears that those "People Of Color", whose ancestry is in India/China/Japan/Korea, are grossly under-represented on the "Federal Bench"---Even though such peoples have set a very superior record above Whites and even far more so over Blacks as to both academic performance and obedience to our democratically-enacted laws. These inter-racial differences are a matter of superior Vs. inferior cultural norms and models.

  6. There is no constitutional provision for any "quota" of those SCOTUS justices who are "originalists" Vs.

  those who are not so.

  
  

  Those who are "unhappy" with the above-noted provisions/restrictions of our Constitution are welcome to attempt to amend that document by, and ONLY by, that most basic law's, democracy-based, required amendment process.

  
  

                                 

  
  

  ---

•                                                       
• To

  • 

    James Pawlak

  
  

MMPI Vs. "Bad Cops"

 

My authority for making the below comments is based on: The fact that a part of my state taxes are disproportionally thrown at Milwaukee's problems (eg Street shootings, Horrid MPS performance) without any credible proofs of the positive outcome for such spending; And a 34-year, professional, career in criminal corrections  as based on a degree in Psychology and sound instruction in the "scientific method".

The first issue is based on the following question: Is there any scientific ["Valid and reliable", with "a high level of confidence" and peer-evaluated by such qualified persons who have no financial or ideological "axes to grind"] evidence to prove that the selected program will reduce injuries to citizens----Without reducing the protection of our fellow citizens (Including police officers) from violent persons without regard to their "mental health status"?

However, there is a scientific [As defined above] tool as may well prevent the presented/alleged problem. That is the Minnesota Multiphasic Personality Inventory (MMPI) about which our "decision makers" should be informed and upon which they should base  policy and budget decisions (A).  

To make the best use of that scientific tests, as to police officers, it should be administered (With an enforceable guarantee to subjects that the data will not be "connected" with individuals) to those experienced officers and who have both the lowest records of even allegations of physical abuse of others and proven ability as to protecting the public. (B).

Thereafter the MMPI should be administered, as a screening pre-test, to all: Applying for employment (Including as future Chiefs) with MPD; And, for promotion within that department. Doing so would provide the following benefits:

1. It would screen out those with possible-to-probable psycho-pathologies; 
2. Which would reduce the city's exposure to damages in the cases of "police abuse" civil actions by demonstrating a "good faith effort" to select/promote only "mentally stable/suitable" persons; And,
3. Comparing the applicants with the best police officers would allow the "appointing authority" to make the best possible hires and promotions.

Of course, such would required elected-and-appointed public officials to commit themselves to scientific methods of government and not to "political correct" wastes of tax payer's money. They (Especially the "race card players" among them) would do well to understand, "internalize" and apply other scientific knowledge (C through F) to "policing" and the "common good".

                                                                 

                                                                                        NOTES

A.    <http://en.wikipedia.org/wiki/Minnesota_Multiphasic_Personality_Inventory>

B.  It might be "interesting" to collect such group data on public officials (eg MPD's Chief, Inspectors, Captains and aldermen and members of the Fire & Police Commission). That group-collection is likely to also improve the cooperation of police officers in the testing process. The collective results of any such study should be a public record---Especially as to the MMPI's reliable-and-valid "Lie Scale".

C.   <http://www.americanthinker.com/articles/2014/12/a_medical_perspective_on_the_garner_tragedy.html>

D.   <http://www.crusaderknight.blogspot.com/2014/08/those-who-question-use-of-gun-against.html>

E.   Adams, Ronald J. Et. Al.; Street Survival---Tactics For Armed Encounters; At Page-215 as both notes medical evidence that single shots to criminals will not "stop them" and shows a photo of an attempted armed robber who absorbed 33 "hits" from a 9mm firearm before being "incapacitated". 
F.   <http://www.crusaderknight.blogspot.com/2014/11/harvard-study-on-guns.html>

G.  I assume that the MMPI is not being used by police departments as I do not recall news of such rational use.

Pope Francis Vs The Church

 With his endorsement of formal-legal links between homosexual couples (A) the current "Bishop Of Rome" has rejected the well-debated, carefully considered and established teachings (B) of The Church!

This is only another of Francis's acts-of-treason against The Church!

Another example of that treason is his surrender to "The People's Republic (sic) Of China" (C) has led to such obscenities as the PRC's official teaching that The Christ was a murderer (D).

I must still wonder if The Holy Spirit sent Francis, like Alexander VI (ie The not-good Borgia), to us a a test OR a punishment for the sins of so many of our other Bishops and we other Christians.

NOTES

A. <https://www.americanthinker.com/blog/2020/10/once_again_pope_francis_breaks_with_traditional_papal_doctrines.html>

B. Catechism Of The Catholic Church: “2357 Homosexuality refers to relations between men or between women who experience an exclusive or predominant sexual attraction toward persons of the same sex. It has taken a great variety of forms through the centuries and in different cultures. Its psychological genesis remains largely unexplained. Basing itself on Sacred Scripture, which

presents homosexual acts as acts of grave depravity,141 tradition has always decreded that "homosexual acts are 

intrinsically  disordered. "They are contrary to the natural law. They close the sexual act to the gift of life. 

They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can

they be approved.

C. <http://crusaderknight.blogspot.com/2019/03/pope-francis-supports-tyranny.html>

D. <https://www1.cbn.com/cbnnews/world/2020/september/china-teaches-students-that-jesus-stoned-woman-to-death-changes-biblical-passage-in-textbook>

                                          

"Hate Speech" Defined

 

It appears that the only sound definition of that is: "Hate Speech"; Noun; Those spoken or written statements which irritate an opponent of the USA's Bill Of Rights' first article".

Ginsburg's Legacy AND Reversing SCOTUS Precedents

 Ruth Bader Ginsburg did leave the USA a silent legacy. That is the unheard, silent, screams of the many thousands of unborn babies slaughtered by the genocidal abortionists she supported and enabled.

There are some (ie Chiefly in the "Democrat Socialist Fascist Party") who claim that a Justice Amy Coney Barrett will ignore judicial precedent (Stare Decisis) and rule/vote to overturn Roe v. Wade, 410 US 113.  

Do those "persons" also regret the overturning of judicial precedent in such cases as Dred Scott v. Stanford, 60 US 393 and Plessey v. Ferguson, 163 US 537?