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Dead Constitution
See other Dead Constitution Articles

Title: The Bill of Rights has been Revoked!
Source: [None]
URL Source: http://misguidedchildren.com/politi ... -rights-has-been-revoked/17959
Published: Apr 2, 2014
Author: Matthew Peavy
Post Date: 2014-04-02 23:47:20 by christine
Keywords: None
Views: 275
Comments: 16

Posted by Matthew Peavy / March 31, 2014

bill of rights

Justice Sonia Sotomayer – dismantles the Bill of Rights

The Bill of Rights has been revoked!

While you were focused on the missing Airliner, there was a little case being heard in front of the Supreme Court called U.S. v. Castleman. The case was a landmark win for the gun control left wing, but what no one realized, is that our Constitution no longer affords us “rights.”

No longer rights that are inviolate

The case was decided March 28, 2014. The US Supreme Court unanimously ruled that the Bill of Rights is no longer made up of “Declaratory and Restrictive Clauses.” They are judicially now perceived as “privileges.” A “privilege” can be revoked for the slightest of legislative causes, but a “Right” is “Forever Inviolate” … We the People no longer have that.

U.S. vs Castleman

The case was about domestic violence, a cause we can all get behind. But, in the end, the Supreme Court has taken away not just domestic violence abuser’s right to bear arms, but all of the people, and in turn has made all of the Bill of Rights void, and made it a Bill of Privileges that can be revoked.

The Preamble states:

“The Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further Declaratory and Restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution.”

While the Constitutional Conventions desired further declaratory and restrictive clauses, the Supreme Court has now taken our rights without anyone noticing and replaced them with privileges. It’s time to wake up America, first this year the NDAA gives Obama the power to arrest anyone without reason and detain them indefinitely. Now we have our Constitution shredded, and still we just move on like nothing has happened.

There is a movement in the country that is gaining momentum called the Constitutional Emergency. It may be our best hope at restoring the America we all loved. Patriots are needed and sacrifices will be made — – if you loved the way things used to be and the way the founders intended, check them out and pray that we that make the journey succeed. - See more at: http://misguidedchildren.com/politics/2014/03/the-bill-of-rights-has-been-revoked/17959#sthash.LtWmYTjj.dpuf

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Begin Trace Mode for Comment # 7.

#2. To: christine (#0) (Edited)

While you were focused on the missing Airliner, there was a little case being heard in front of the Supreme Court called U.S. v. Castleman.

More high-level court matters with the name "Castleman" involved, Tennessee and elsewhere:

Digest of Decisions of the United States Courts - Google Books: Mechanical Appliance v. Castleman, [1909/1910?] | Mound City Co. v. Castleman, 1911

CASTLEMAN v. ROSS ENGINEERING INC, , December 22, 1997 - TN Supreme Court | FindLaw: Billy CASTLEMAN, Plaintiff-Appellant

supreme.courts.state.tx.us: 05-0189 Borg-Warner Corp.: Barry Castleman, Ph.D, expert asbestos witness, 2006

law.wlu.edu: In a Class by Themselves: A Proposal to Incorporate Tribal Courts into the Federal Court System Without Compromising Their Unique Status As "Domestic Dependent Nations", by R. Stephen McNeill; Pg. 7 of 63, Footnote 34: David A. Castleman, Comment, Personal Jurisdiction in Tribal Courts, 154 U. PA. L. REV. 1253, 1259 (2006). "Instead of following the familiar state-court judicial model, the existing framework determines tribal court jurisdiction depending on which classification the parties fall under: 'non-Indian, Indian nonmember, and member.'"34

Edited: link 1 info + punctuation.

GreyLmist  posted on  2014-04-03   20:19:00 ET  Reply   Untrace   Trace   Private Reply  


#4. To: All (#2)

Domestic violence existed when the Constitution was written and throughout world history long before that but our Founders did not make the 2nd Amendment conditional on it. The Judiciary's job isn't supposed to be social-engineering and endorsing or dodging issues of Unconstitutionality. They're supposed to be upholding our rights, not "color of law" infringements of them.

Archiving and recommending the discussions on this issue at these two links:

reddit.com: In a 9-0 decision, the Supreme Court keeps guns away from those guilty of domestic violence : news; 100+ Comments

thehighroad.org: SCOTUS rules that you lose your gun rights after misd domestic - US v. Castleman; 2 pages currently

See also: the Gun Control Act of 1968 and the Lautenberg Amendment after the O.J. Simpson trials.

GreyLmist  posted on  2014-04-03   23:39:33 ET  Reply   Untrace   Trace   Private Reply  


#7. To: All (#4) (Edited)

reddit.com: In a 9-0 decision, the Supreme Court keeps guns away from those guilty of domestic violence : news; 100+ Comments

The 9-0 opinion is entirely about what "violence" means, and that is all. The court does not address the constitutional issue at all of whether or not it is OK to deprive someone of firearms rights for being convicted of a misdemeanor.

Why didn't they discuss the constitutional issue? Because Castleman DIDN'T ASK them to.

Comment excerpts:

"Many states have laws that say they must arrest someone (this is usually the male, even if he is the victim). [...] any false accusation can lead to being stripped of your constitutional gun rights."

"Another reason to avoid cohabitation with others."

"Doesn't even have to be a sour relationship situation for someone to be wrongly arrested for domestic violence. A few years ago, at 2am I was ridiculously drunk and attempted to drive to the store, so my husband stopped me by holding me down (basically sitting on me) in our driveway, NOT hurting me at all, but I was being belligerent and yelling and the cops showed up and arrested him for domestic violence. He was in the military at the time, so the charge effectively meant without the ability to bear arms, he would be dishonorably discharged. Our state has a mandatory arrest/charge law in cases involving domestic dispute, and the county will prosecute even if the 'victim' doesn't want it to happen. When the cops showed up and said someone had to get arrested, I yelled at them to arrest me instead, but they didn't, probably because they didn't want to deal with a drunk girl, and because it probably looked better to arrest him. Luckily after an expensive lawyer fight the charges were dropped but for a minute there it had the potential to ruin both our lives and I've been jaded about domestic violence laws ever since. And even without the conviction, the mere fact his background check will always show he's been arrested for domestic violence has made our struggles to improve our situation in life vastly more difficult. All because he wouldn't let me drive drunk. Neither of us harbor any ill will for each other over it, we just think less of our justice system now. There should definitely be different categories of domestic violence charges for something like this, two people arguing until one of them gets arrested is not the same as someone actually beating their spouse."

"The best way to get rid of the second amendment without actually changing the Constitution is to slowly increase the list of people the goobernment denies permission to practice their 'god-given' rights. First, it was felons, than it was people who had mental problems, then it was people who committed domestic violence, next it will be people with below a certain IQ. Pretty soon, we will all be on a list that denies us the right to own firearms, but we will still have the second amendment on the books. But whenever I talk about the slippery slope, I get told there is no such thing and I am being paranoid."

"I didnt think the constitution had 'ifs', 'ands' or 'buts' when it comes to our guaranteed rights. Must be the crooked politics again."

"At least since United States v. Miller, the court has ceased following the constitution's explicit wording when they can get away with it."

"Most of the amendments list multiple independent rights in the same manner as the 2nd Amendment does, yet only the second amendment has been ruled so that one right dependent on the other."

"Yelled at my brother in the front yard 20 years ago. A cop was driving by, arrested me. Class C misdemeanor family violence, lost my gun rights forever. [Edit to add: I plead guilty. I didn't think it was a big deal, it was the lowest level misdemeanor. And I was 18 and stupid. [...] the part of their punishment that is having a criminal record. They could lose their jobs over an assault conviction and have an extremely difficult time finding another one.] A class C misdemeanor family violence I got 20 years ago for yelling at my brother in the front yard. Stopped me from working in the family business. My dad, granddad and all my uncles run pawn shops. I can't work with them anymore because the lowest lvl misdemeanor took my 2nd amendment rights. I couldn't even accept a $1 an hour promotion to the sporting goods dept in Wal-mart because putting a box of bullets on the shelf will be a felony for me, for the rest of my life. Every place that runs my record sees a 'family violence' charge and assumes I beat my wife. Everybody that runs their record and sees 'assault' is going to think they are violent and attacked somebody. [...] A 'minor charge' can easily ruin your life."

"I know a guy who got arrested for DV and spent holiday weekend in city jail. All he did was kick a bathroom door in his own home and crack it."

"broke a potted plant, domestically violent I am....I never wanted a gun anyways but now I can't."

"This is a terrible law, and I can't believe the SCOTUS upheld it. It is a violation of millions of american's constitutional rights."

"We're going to take away guns from violent people. Even if there is no proof that they were violent. Can't they just take them from anyone they want at that point?"

"Over 90% of all criminal cases end in pleas. Something like 95% actually. Fighting your case is expensive, and usually extremely risky. What can get you 1 year of probation through a plea could land you in prison for 10 years if you fight and lose. It's no accident."

"Most crimes are settled by a plea deal these days. Don't have money for a good lawyer? DA: '1 year or 50. Your choice until I walk out of this room...' This is highly discriminatory toward young and/or poor people."

Edited punctuation and spacing + for bracketed inserts at Comment #8.

GreyLmist  posted on  2014-04-04   2:14:44 ET  Reply   Untrace   Trace   Private Reply  


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