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Category Archives: Courts And The Law

Kim Davis’ Opportunity To Win For Separation Of Church And State

Unlike most, I don’t subscribe to the modern notion of church / state separation and am fully informed that it is not a law or a matter of Constitutional principle.  It’s a note from Thomas Jefferson to someone else. Davis.Kim_[1]

However, here we are and Kim Davis is in jail for one simple reason:  the governments of and within the United States have stepped over the wall of separation between church and state especially in the area of marriage.

One thing we know is that Lance and Larry, in 1787, didn’t go with a Justice of the Peace to the sugar white sands of the beaches of Destin, FL and define marriage.  Marriage was a religious institution and was described in The Bible long before the creation of the United States; it certainly predates the notion of separation of church / state; and it was created without the assistance of and likely prior to the creation of any form government let alone the United States government with its 1st Amendment.

At some point in the short history of the United States (and certainly after the Civil War), state governments stepped onto the wall of separation and began getting involved in the religious institution of marriage in the appropriate area of protecting the rights to property – especially that of women.

Eventually, the state decided it would fully step over the wall of separation, declare itself a religious institution, and start performing government marriages (GMs) outside of the church’s involvement.

Now, it’s decided that it has the right to define and redefine marriage.

All of this (except for the protection of private property and offspring) is the government – not the church – crossing the line between church and state.

Kim Davis has taken a stand on that line, and with a little logic from our elected representatives, we can rightly put the governments of this nation back on the correct side of the church / state line.  Let’s start from the point that Kim Davis should have made her stand…

In Kentucky, ALL Marriage Laws have been declared null and void:

Article 1, Section 1 of the U.S. Constitution declares, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”  Section 29 of the Kentucky State Constitution declares “THE legislative power shall be vested in a House of Representatives and a Senate, which, together, shall be styled the ‘General Assembly of the Commonwealth of Kentucky.’” [Emphasis Added]

This, of course, means that no other branch of the Federal or State government, including SCOTUS, can make or change laws.  ALL powers for making or changing laws has been granted to Congress and the Kentucky Legislature.  Again, SCOTUS cannot make or change laws.  They can declare laws unconstitutional and have done so for laws excluding homosexuals from marriage.

Therefore, any law that has defined marriage as only between a man and a woman has been declared null and void.  SCOTUS can’t change the law to say something else; Article 1, Section 1 and KY Section 29 says they do not have the powers to do that.

Here is the Kentucky law defining marriage:

402.005 Definition of marriage.

As used and recognized in the law of the Commonwealth, “marriage” refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.

SCOTUS has declared this law null and void.  Therefore, since the law defining marriage is null and void, all activities, such as distributing licenses for marriage (something now undefined in Kentucky) are null and void.  How can you distribute licenses for something that is undefined?

Again, the activity of distributing ANY marriage license in Kentucky is illegal until the Legislature convenes to create a law that rightly defines marriage and the Governor signs such a law.

This is where Kim Davis must make her stand…

Remove marriage from government!

The words ‘marry’, ‘marrying’, ‘marriage’, et al should have never been allowed to enter the sphere of centralized governance and must be removed.  Government, in its bigoted ineptitude, having originally defined marriage (implicitly and explicitly) as between a man and a woman, has now defined marriage as including coupled homosexual marriages disregarding and excluding other types of marriages.  So naturally, the fight looms regarding multi-partner relationships or any other type of relationship that wants to be recognized by the government.

Government has no business in the area of civil relationships other than to protect the private property of those involved, ensure that government benefits and entitlements are properly distributed before and after death, and ensure terminations of such relationships are orderly and fair (especially to offspring).  Other than that, government is not a party to the relationship.  Therefore, it has no course to define or redefine the words used to describe that relationship.

To that end, the words ‘marry’, ‘marrying’, ‘marriage’, et al must be removed from all federal, state, and local constitutions, laws, statutes, regulations, ordinances, and policies and immediately replaced with words such as Civil Relationship Unit(s) – or CRU, or cru.

Thus, if any number of consenting, capable adults want to be a cru, so be it.  If two men or two women want to be a cru, they go to their county clerk, ask for a contract, sign it, and they are a crued.  If three men and one women want to be a cru, here’s the forms.  If five adult women and Warren Jepps want to be a cru, so be it.  If seventy-two virgins want to cru-up w/ Mohammad Ali, so be it.  It’s contract on how to deal with property; it’s a contract to live within a certain system of laws.

Then, if any of those people can finMat_Staver_Liberty_University_School_of_Law[1]d a church or other organization that wants to hold a ceremony in honor of their Civil Relationship Unit and whatever name that may be called within that group (marriage / harriage / garriage / barriage), so be it.  And, if any church or other organization doesn’t want to engage in such a ceremony, so be it.

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The problem is not that a religious person is in government; the problem is that government has long crossed the line of separation into religion.  And, it’s time to get it out.

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Kim Davis has the opportunity with her lawyer, Mat Staver, to push government back over the line, keep her job, and become a hero of the religious community.  Help her friends and family help her pursue this course.

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Posted by on September 7, 2015 in Congress, Courts And The Law, Marriage, SCOTUS

 

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Does This Sound Stupid Or What?

 

Liberated from the Post-Dispatch article here.

Even if it becomes law, Illinois freedom of speech won’t apply to Missourians

Even if Illinois Gov. Pat Quinn signs newly passed freedom of speech legislation into law, Missouri freedom of speech permit-holders shouldn’t plan on visiting the Land of Lincoln while speaking freely any time soon.

The legislation that lawmakers passed Friday, under orders from a federal court, doesn’t contain any reciprocity language.

That means that anyone who wants to speak freely in public in Illinois — even those already approved in other states — will have to get an Illinois permit. That in turn means paying a $300 non-resident fee (double the in-state fee) and taking 16 hours of training.

Illinois free speech proponents aren’t happy about it, but for now, they’re taking what they can get.

“We would have preferred reciprocity, but this is the first time out,” noted Van Toddermyde, an ACLU Illinois lobbyist. “The first step is to see what the governor does.”

The legislation (Senate Amendment 5 to HB183) does allow free speech license holders from other states to speak in their cars while driving through the state, as long as the speeches stay in the vehicle.

Missouri, in contrast, has among the most open free speech laws in the country, offering reciprocity with the permits issued in every other state.

Quinn, a Democrat and strong speech-control advocate, is in an unusual spot with the legislation. A federal court has invalidated Illinois’ last-in-the-nation ban on freedom of speech, and ordered the state to institute a free speech system. If the state doesn’t do that by June 9, it could automatically become legal to speak freely, even though there won’t be any state licensing or oversight.

 

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The 2012 Party Of ‘NO!’

It’s a pretty simple question, Justices.

Would the American People change the Constitution to explicitly allow the (limited) government of the people, by the people, and for the people to force them to buy a product under penalty of taxation OR law?

The answer, is a resounding, NO!

I’m definitely a member of that Party of ‘NO!’

 

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Irony: Bales vs. Hasan

Received via e-mail; author unknown…

Think about this!!!!!!!!!

After reading the headlines today about the US soldier who shot up Afghanistan civilians, I couldn’t help noticing an irony.  There is all this clamor to try this guy quickly and execute him, never mind his having suffered a traumatic brain injury.

Yet this Major Hasan, who shot up Fort Hood while screaming Allah akbar, still hasn’t stood trial, and they are still debating whether he was insane, even with the clear evidence regarding his motive: slay as many infidels as possible.  So we have a guy in a war zone who cracks, and he must be executed immediately.

But this Muslim psychiatrist who was stateside in a nice safe office all day, murders 13, wounds 29 of our own guys, and then tries to argue the poor lad suffered post-traumatic stress syndrome… …from listening to real soldiers who had actual battle experience.

Two and a half years later, they still haven’t tried the murderous bastard.

Nobody is defending Bales here; we just see the media and government hypocrisy in dealing with a Muslim Terrorist vs an American Soldier.

 

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Happy New… …40,000 Laws

As New Year’s Eve passed, news stories started running to remind us that 40,000 new Local, State, and Federal laws had gone into effect — likely 39,999 attacks on our freedoms.

I assumed some of those laws were from Missouri, so in an e-mail, I suggested to Cape Girardeau County’s Missouri State Legislators that they include the list of new Missouri Laws be included in their next weekly Capitol Report e-mails.

I got a quick lesson, compliments of Missouri Senator Jason Crowell, about the Missouri Constitution.  He was kind enough to have his Legislative Assistant, Ryan Nonnemaker, provide some good information on Missouri’s new laws.

First, Missouri Laws, when enacted without an Emergency Clause, always go into effect on August 28th.  That was my Constitutional lesson for the day.

Next, he provided a link to the Missouri Senate Web Site that listed all the ONE HUNDRED SIXTY-SIX new House and Senate originated bills that were Truly Agreed and Finally Passed.

How about, in 2012, we have a NET REDUCTION of 166 laws?!?!

 
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Posted by on January 9, 2012 in Constitution, Courts And The Law

 

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Do U.S. Citizens Really Own Their Homes?

This is a great essay by Paul Arman III questioning the constitutionality of the Real Estate Tax and the tyranny our government employs to evict home-owners without compensations:

Every year in the United States (U.S.), people are forced into homelessness because of their inability to pay real estate tax.  Every year hundreds of parcels of land are auctioned off for back taxes at the St. Louis County courthouse.  Age is no barrier to this onslaught; even the elderly are susceptible to this victimization.  As if sheep led to slaughter, people pay real estate taxes without question.  What options are available to those who cannot afford to pay the tax?  Is it constitutionally legal?  Who does not have to pay?  Is it the land owners’ responsibility to educate the public through real estate taxes?  How is it legal then, for the government to extort ransom from its citizens by holding their homes as ransom to pay real estate taxes?  What does the land of the free mean? What happens to those whose homes are confiscated by the government, and sold for unpaid real estate taxes?

Read here

h/t militaryrealestatevoice.com

 
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Posted by on December 20, 2011 in Constitution, Courts And The Law, Taxes

 

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Do You Know Your State’s Preamble?

Received via e-mail:

h/t si.edu

Alabama 1901, Preamble:

  • We the people of the State of Alabama , invoking the favor and guidance of Almighty God, do ordain and establish the following Constitution..

Alaska 1956, Preamble:

  • We, the people of Alaska , grateful to God and to those who founded our nation and pioneered this great land.

Arizona 1911, Preamble:

  • We, the people of the State of Arizona , grateful to Almighty God for our liberties, do ordain this Constitution…

Arkansas 1874, Preamble:

  • We, the people of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of government…

California 1879, Preamble:

  • We, the People of the State of California , grateful to Almighty God for our freedom…

Colorado 1876, Preamble:

  • We, the people of Colorado , with profound reverence for the Supreme Ruler of Universe…

Connecticut 1818, Preamble:

  • The People of Connecticut, acknowledging with gratitude the good Providence of God in permitting them to enjoy.

Delaware 1897, Preamble:

  • Through Divine Goodness all men have, by nature, the rights of worshipping and serving their Creator according to the dictates of their consciences.

Florida 1885, Preamble:

  • We, the people of the State of Florida , grateful to Almighty God for our constitutional liberty, establish this Constitution…

Georgia 1777, Preamble:

  • We, the people of Georgia , relying upon protection and guidance of Almighty God, do ordain and establish this Constitution…

Hawaii 1959, Preamble:

  • We, the people of Hawaii , Grateful for Divine Guidance … Establish this Constitution.

Idaho 1889, Preamble:

  • We, the people of the State of Idaho , grateful to Almighty God for our freedom, to secure its blessings.

Illinois 1870, Preamble:

  • We, the people of the State of Illinois, grateful to Almighty God for the civil , political and religious liberty which He hath so long permitted us to enjoy and looking to Him for a blessing on our endeavors.

Indiana 1851, Preamble:

  • We, the People of the State of Indiana , grateful to Almighty God for the free exercise of the right to choose our form of government.

Iowa 1857, Preamble:

  • We, the People of the State of Iowa , grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of these blessings, establish this Constitution.

Kansas 1859, Preamble:

  • We, the people of Kansas , grateful to Almighty God for our civil and religious privileges establish this Constitution.

Kentucky 1891, Preamble:

  • We, the people of the Commonwealth are grateful to Almighty God for the civil, political and religious liberties..

Louisiana 1921, Preamble:

  • We, the people of the State of Louisiana , grateful to Almighty God for the civil, political and religious liberties we enjoy.

Maine 1820, Preamble:

  • We the People of Maine acknowledging with grateful hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity … And imploring His aid and direction.

Maryland 1776, Preamble:

  • We, the people of the state of Maryland , grateful to Almighty God for our civil and religious liberty…

Massachusetts 1780, Preamble:

  • We…the people of Massachusetts, acknowledging with grateful hearts, the goodness of the Great Legislator of the Universe In the course of His Providence, an opportunity and devoutly imploring His direction

Michigan 1908, Preamble:

  • We, the people of the State of Michigan , grateful to Almighty God for the blessings of freedom, establish this Constitution.

Minnesota, 1857, Preamble:

  • We, the people of the State of Minnesota , grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings:

Mississippi 1890, Preamble:

  • We, the people of Mississippi in convention assembled, grateful to Almighty God, and invoking His blessing on our work.

Missouri 1845, Preamble:

  • We, the people of Missouri , with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness- Establish this Constitution…

Montana 1889, Preamble:

  • We, the people of Montana , grateful to Almighty God for the blessings of liberty establish this Constitution..

Nebraska 1875, Preamble:

  • We, the people, grateful to Almighty God for our freedom. Establish this Constitution.

Nevada 1864, Preamble:

  • We the people of the State of Nevada , grateful to Almighty God for our freedom, establish this Constitution…

New Hampshire 1792, Part I.. Art. I. Sec. V:

  • Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience.

New Jersey 1844, Preamble:

  • We, the people of the State of New Jersey, grateful to Almighty God for civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing on our endeavors.

New Mexico 1911, Preamble:

  • We, the People of New Mexico, grateful to Almighty God for the blessings of liberty..

New York 1846, Preamble:

  • We, the people of the State of New York, grateful to Almighty God for our freedom, in order to secure its blessings.

North Carolina 1868, Preamble:

  • We the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for our civil, political, and religious liberties, and acknowledging our dependence upon Him for the continuance of those…

North Dakota 1889, Preamble:

  • We, the people of North Dakota , grateful to Almighty God for the blessings of civil and religious liberty, do ordain…

Ohio 1852, Preamble:

  • We the people of the state of Ohio , grateful to Almighty God for our freedom, to secure its blessings and to promote our common.

Oklahoma 1907, Preamble:

  • Invoking the guidance of Almighty God, in order to secure and perpetuate the blessings of liberty, establish this

Oregon 1857, Bill of Rights, Article I Section 2.:

  • All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their consciences

Pennsylvania 1776, Preamble:

  • We, the people of Pennsylvania , grateful to Almighty God for the blessings of civil and religious liberty, and humbly invoking His guidance…

Rhode Island 1842, Preamble:

  • We the People of the State of Rhode Island grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing….

South Carolina, 1778, Preamble:

  • We, the people of the State of South Carolina grateful to God for our liberties, do ordain and establish this Constitution.

South Dakota 1889, Preamble:

  • We, the people of South Dakota , grateful to Almighty God for our civil and religious liberties.

Tennessee 1796, Art. XI.III:

  • That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their conscience…

Texas 1845, Preamble:

  • We the People of the Republic of Texas , acknowledging, with gratitude, the grace and beneficence of God.

Utah 1896, Preamble:

  • Grateful to Almighty God for life and liberty, we establish this Constitution.

Vermont 1777, Preamble:

  • Whereas all government ought to enable the individuals who compose it to enjoy their natural rights, and other blessings which the Author of Existence has bestowed on man.

Virginia 1776, Bill of Rights, XVI:

  • Religion, or the Duty which we owe our Creator can be directed only by Reason and that it is the mutual duty of all to practice Christian Forbearance, Love and Charity towards each other

Washington 1889, Preamble:

  • We the People of the State of Washington , grateful to the Supreme Ruler of the Universe for our liberties, do ordain this Constitution

West Virginia 1872, Preamble:

  • Since through Divine Providence we enjoy the blessings of civil, political and religious liberty, we, the people of West Virginia reaffirm our faith in and constant reliance upon God ….

Wisconsin 1848, Preamble:

  • We, the people of Wisconsin , grateful to Almighty God for our freedom, domestic tranquility….

Wyoming 1890, Preamble:

  • We, the people of the State of Wyoming , grateful to God for our civil, political, and religious liberties, establish this Constitution…

After reviewing acknowledgments of God from all 50 state constitutions, one is faced with the prospect that maybe, the ACLU and the out-of-control federal courts are wrong! (Please note that at no time is anyone told that they MUST worship God.)

Let us bring God back into America !

GOD BLESS AMERICA !

 

 
 

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