Precedents that need to be remembered.

[twyacht]

Did some digging into court cases regarding the Constitution, specifically 2nd. Amendment.

Did BHO not get the memo?

"It is the duty of the courts to be watchful for the Constitutional rights of the citizen and against any stealthy encroachments thereon."
- Boyd vs. United States, 116 US 616
**********
"It is well settled that the Constitutional Rights protected from invasion by the police power, include Rights safeguarded both by express and implied prohibitions in the Constitutions."
- Tiche vs. Osborne, 131 A. 60
**********
"Disobedience or evasion of a Constitutional Mandate cannot be tolerated, even though such disobedience may, at least temporarily, promote in some respects the best interests of the public."
- Slote vs. Examination, 112 ALR 660
**********
"As a rule, fundamental limitations of regulations under the police power are found in the spirit of the Constitutions, not in the letter, although they are just as efficient as if expressed in the clearest language."
- Mehlos vs. Milwaukee, 146 NW 882
**********
"The claim and exercise of a Constitutional right cannot be converted into a crime." - Miller v. U.S. 230 F 2nd 486, 489.
**********
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
- Miranda vs. Arizona, 384 US 436, 491
**********
"There should be no arbitrary deprivation of Life or Liberty..."
- Barbour vs. Connolly, 113 US 27, 31; Yick Wo vs. Hopkins, 118 US 356
**********
"There can be no sanction or penalty imposed upon one because of this exercise of constitutional Rights."
- Snerer vs. Cullen, 481 F. 946[/i]

Somebody needs to remind Chucky Schumer and Diane Feinstien of this one.
**********
"With regard particularly to the U.S. Constitution, it is elementary that a Right secured or protected by that document cannot be overthrown or impaired by any state police authority."
- Connolly vs. Union Sewer Pipe Co., 184 US 540; Lafarier vs. Grand Trunk R.R. Co., 24 A. 848; - O'Neil vs. Providence Amusement Co., 108 A. 887
**********
"Constitutional Rights cannot be denied simply because of hostility to their assertions and exercise; vindication of conceded Constitutional Rights cannot be made dependent upon any theory that it is less expensive to deny them than to afford them."
- Watson vs. Memphis, 375 US 526
**********
"The police power of the state must be exercised in subordination to the provisions of the U.S. Constitution."
- Bacahanan vs. Wanley, 245 US 60; Panhandle Eastern Pipeline Co. vs. State Highway Commission, 294 US 613

New Orleans "forgot this one after Katrina"
**********
"We find it intolerable that one Constitutional Right should have to be surrendered in order to assert another."
- Simons vs. United States, 390 US 389
**********
"The state cannot diminish Rights of the people."
- Hurtado vs. California, 110 US 516
**********
"No public policy of a state can be allowed to override the positive guarantees of the U.S. Constitution."
- 16 Am.Jur. (2nd), Const. Law, Sect. 70


I have read these rulings, and this is not the small town judge in a po-dunk town, this is Federal Court

We must not forget.

[Pathfinder]

Great post. I think I will copy it and send them on to my congress-critters.

[tt11758]

Here's a precedent to be remembered:

The precedent set by the Italians during WWII, where they whacked their dictator and strung up his carcass in the town square for all to smack like a pinata.

We could learn something from the Italians.   

[Texas_Bryan]

Here's a precedent to be remembered:

The precedent set by the Italians during WWII, where they whacked their dictator and strung up his carcass in the town square for all to smack like a pinata.

We could learn something from the Italians.   

Hey, we really could learn something from international law!   And its Eye-talians.

[tombogan03884]

We don't need no steenkeen precedents, we're going to get a "wise Latina".
The Latina part is true enough, it's the "wise" part that is open to debate, in fact "competent" is debatable.

[Sponsor]

[twyacht]

What happened to the reply I made this morning to a "likely troll?" on this post?

I thought it was fishy, and Marshall probably caught it and removed it.

I posted these back in May, and as Soto will be confirmed anyway, activist judges of her ilk, disregard case law, and place their rulings on the popular wind, ideological beliefs, and who got them there.

Judges & Politicians sometimes "forget".

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
- Miranda vs. Arizona, 384 US 436, 491

How much of the 2nd Amend. is already subjected to abrogation? Little by little.

ab·ro·gate  (br-gt)
tr.v. ab·ro·gat·ed, ab·ro·gat·ing, ab·ro·gates
To abolish, do away with, or annul, especially by authority.

[Pathfinder]

Hey, we really could learn something from international law!   And its Eye-talians.

You mean like these Eye-talians?   

http://www.foxnews.com/story/0,2933,533184,00.html?test=latestnews

Bride Brings Down Plane in Italy by Throwing Bouquet Mid-Flight
Thursday, July 16, 2009

ROME —  A romantic wedding in the Tuscan countryside ended with injuries after an attempt to launch the bride's bouquet from a plane brought down the tiny aircraft.

Italian police say two people were hurt in the crash of the ultralight plane after the bridal bouquet they launched got caught in the aircraft's rear rotor.

The flowers blocked the engine, bringing the plane down by a youth hostel.

Police in the nearby town of Piombino said Tuesday the pilot was lightly injured in Saturday's crash, while the passenger who threw the bouquet had several broken bones.

The bride and groom were not aboard the plane.

[Kid Shelleen]

Thanks for a great post TW, I have already copied it to word and I'll be sharing it with lots of friends.

Now if we could just get our elected leaders officials to follow these Constitutional precedents, or even the U.S. Constitution in total for that matter.

Obviously it's late and I must be dreaming.