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Voter News and Issues ~ Helpcom.net
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The Nazis are taking over and they are a part of the Democrat Party
Civil Rights
No automatic alt text available.

If you can't have a speaker express their views on campus or anywhere else for that matter, because the police say... if you come to this location the people that don't want you here are going to riot, then we have lost the freedom of speech.

The Nazis are taking over and they are a part of the Democrat Party.

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Glen Maybry

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Posted by editor on Friday, April 28 @ 22:18:35 MST (300 reads)
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Virginia Law Makers At Play With Your Rights
Civil Rights

.

.

Legislative Update 1-25-2016  

**********************************************************

 WE SUPPORT THESE BILLS

 

•   Property Rights

 SB 478 Eminent domain; reimbursement of costs

 Eminent domain; reimbursement of costs. Provides that costs and fees may be awarded in condemnation actions where the amount the owner is awarded at trial as compensation for the taking of or damage to his property is 20 percent or more greater than the amount of the condemnor's initial written offer. Under current law, such costs and fees may be awarded if the amount awarded as compensation at trial is 30 percent or more greater than the petitioner's final offer. The bill removes an exception for meeting the requirements for payment of costs and fees for condemnation actions involving easements valued at less than $10,000.

The bill also replaces the word "petitioner" with "condemnor" in the provision of the Code allowing the court to award costs and fees and allows the court to order the condemnor to pay to the owner reasonable fees and travel costs incurred by the owner for up to three experts, or as many as called by the condemnor, whichever is greater, who testified at trial.

 Status: (We support this bill)

01/12/16  Senate: Referred to Committee for Courts of Justice

 The Senate Courts of Justice Committee meets on Mondays (8:00 a.m.) and Wednesdays (15 minutes after adjournment of full Senate) in Senate Room B.  SB 478 is not on the docket for Monday, 1/25/16.

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 SB 543 Inverse condemnation proceeding; reimbursement of owner's costs

 Inverse condemnation proceeding; reimbursement of owner's costs. Directs the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding for "damaging" property if a judgment is entered for the plaintiff. Under current law, the court is directed to award costs only for the "taking" of property. The change made in this bill corresponds with the language of amendments to Article 1, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013

 Status: (We support this bill)

01/13/16  Senate: Referred to Committee for Courts of Justice

 The Senate Courts of Justice Committee meets on Mondays (8:00 a.m.) and Wednesdays (15 minutes after adjournment of full Senate) in Senate Room B.  SB 543 is not on the docket for Monday, 1/25/16.

 •   Asset Forfeiture

 SB 108 Forfeiture of property used in connection with the commission of crimes; finding of guilt required

 Forfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner of the property has not submitted a written demand for the return of the property within one year from the date the property was seized.

Status: (We support this bill)

12/28/15  Senate: Referred to Committee for Courts of Justice

 The Senate Courts of Justice Committee meets on Mondays (8:00 a.m.) and Wednesdays (15 minutes after adjournment of full Senate) in Senate Room B.  SB 108 is not on the docket for Monday, 1/25/16.

 •   School Choice

 HB 389 Parental Choice Education Savings Accounts established

 Parental Choice Education Savings Accounts established. Permits the parent of a public preschool, elementary, or secondary school student to apply to the school division in which the student resides for a one-year, renewable Parental Choice Education Savings Account that consists of an amount that is equivalent to 90 percent of all applicable annual Standards of Quality per pupil state funds appropriated for public school purposes and apportioned to the resident school division in which the student resides, including the per pupil share of state sales tax funding in basic aid and any state per pupil share of special education funding to which the student is eligible. The bill permits the parent to use the moneys in such account for certain education-related expenses of the student, including tuition, deposits, fees, and required textbooks at a private, sectarian, or nonsectarian elementary or secondary school or preschool that is located in the Commonwealth and does not discriminate on the basis of race, color, or national origin. The bill also contains provisions relating to auditing, rescinding, and reviewing expenses made from such accounts.

 Status: (We support this bill)

01/06/16  House: Referred to Committee on Education

01/15/16  House: Assigned to sub: Subcommittee Education Innovation

01/19/16  House: Subcommittee recommends reporting (5-Y 4-N)

01/19/16  House: Subcommittee recommends referring to Committee on Appropriations

01/20/16  House: Reported from Education (13-Y 9-N)

01/20/16  House: Referred to Committee on Appropriations

 SB 389 has been referred to the House Appropriations Committee which meets Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in the 9th Floor Appropriations Room.  SB 389 is not on the docket for Monday, 1/25/16.

 •   Firearm Related

 HB 49 Right to keep & bear arms; codifies opinion of Supreme Court of U.S. in D.C. v. Heller

 Right to keep and bear arms. Codifies the opinion of the Supreme Court of the United States in District of Columbia v. Heller, 554 U.S. 570 (2008), that the right to keep and bear arms conferred by the United States Constitution and the Constitution of Virginia is an individual right.

 Status: (We support this bill)

11/25/15  House: Referred to Committee for Courts of Justice

 HB 49 has been referred to the House Courts of Justice Committee which meets Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in House Room C.  The Monday (1/25/16) meeting has been canceled.

 ---------------------------------------------------------------------------

 HB 83 Federal firearms laws; enforcement.

 Federal firearms laws; enforcement. Provides that agencies and political subdivisions of the Commonwealth, and employees thereof, shall not knowingly aid any employee or entity of the federal government (i) in the enforcement of federal firearms laws that take effect on or after December 1, 2015, or (ii) in the conduct or enforcement of a criminal background check related to any intrastate sale, loan, gift, or other transfer of a firearm between citizens of the Commonwealth.

 Status: (We support this bill)

12/10/15  House: Referred to Committee on Militia, Police and Public Safety

01/15/16  House: Referred from Militia, Police and Public Safety by voice vote

01/15/16  House: Referred to Committee on Appropriations

HB 83 has been referred to the House Appropriations Committee which meets Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in the 9th Floor Appropriations Room.  HB 83 is not on the docket for Monday, 1/25/16.

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 HB 132 Risk management plan; coverage for injury or death on state property, concealed handgun prohibition.

 Risk management plan; coverage for injury or death on state property; concealed handgun prohibition. Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds, or properties owned or leased by the Commonwealth as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person's injury or death, the coverage shall include an additional amount of $350,000.

 Status: (We support this bill)

12/18/15  House: Referred to Committee on General Laws

01/18/16  House: Assigned to sub: Subcommittee #4

 HB 132 has been assigned to Subcommittee # 4 of the General Laws Committee which meets on Thursdays (upon adjournment of the full committee) in House Room C.  The docket for Thursday, 1/28/16, has not been posted, yet.

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 HB 133 Risk management plan; coverage for injury/death on college property, concealed handgun prohibition.

 Risk management plan; coverage for injury or death on college property; concealed handgun prohibition. Provides that the risk management plan established by the Division of Risk Management shall include coverage for any claim made by or on behalf of a person possessing a valid concealed handgun permit who is injured or killed upon any buildings, grounds,or properties owned or leased by a public institution of higher education as a result of the criminal act of a third party if the carrying of a concealed handgun on such buildings, grounds, or properties was prohibited by regulation. The bill also provides that, in addition to providing for the actual damages arising from the person's injury or death, the coverage shall include an additional amount of $350,000.

 Status: (We support this bill)

12/18/15  House: Referred to Committee on General Laws

01/18/16  House: Assigned to sub: Subcommittee #4

 HB 133 has been assigned to Subcommittee # 4 of the General Laws Committee which meets on Thursdays (upon adjournment of the full committee) in House Room C.  The docket for Thursday, 1/28/16, has not been posted, yet.

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 HB 443 Carrying a concealed handgun; permit not required.

 Carrying a concealed handgun; exception. Allows any person who regardless of having met the demonstration of competence requirement is otherwise qualified to obtain a concealed handgun permit to carry a handgun concealed in any place where such person could openly carry a handgun.

 Status: (We support this bill)

01/07/16  House: Referred to Committee for Courts of Justice

 HB 443 has been referred to the House Courts of Justice Committee which meets Mondays, Wednesdays, and Fridays (½ hour after the full House adjourns) in House Room C.  The Monday (1/25/16) meeting has been canceled.

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 HB 1096 Firearms; regulation by state entities.

 Regulation of firearms by state entities. Prohibits any state entity from adopting or enforcing any rule, regulation, policy, or administrative action governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combinations thereof unless expressly authorized by statute. The bill invalidates any such rule, regulation, policy, or administrative action adopted by a state entity prior to July 1, 2016. The bill does not prohibit a law-enforcement officer from acting within the scope of his duties, nor does it apply to the Department of Corrections, Department of Juvenile Justice, Department of State Police, Virginia National Guard, Department of Behavioral Health and Developmental Services, or Department of Social Services. The bill allows entities to adopt or enforce rules or regulations necessary for compliance with the Fire Prevention Code or necessary for the operation of Reserve Officer Training Corps programs. The bill expressly authorizes the Board of Game and Inland Fisheries to create certain regulations governing the possession, carrying, transportation, and storage of firearms, ammunition, or components or combinations thereof.

 Status: (We support this bill)

01/13/16  House: Referred to Committee on Militia, Police and Public Safety

01/18/16  House: Assigned to sub: #1

01/21/16  House: Subcommittee recommends reporting with amendment(s) (4-Y 1-N)

 HB 1096 has passed through Subcommittee #1 of the Committee on Militia, Police and Public Safety and will now go to the full committee which meets on Fridays (9:00 a.m.) in House Room C.  The docket for Friday, 1/29/16, has not been posted, yet.

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 HB 1163 Concealed handguns; recognition of out-of-state permits.

 Recognition of out-of-state concealed handgun permits. Provides that a holder of a concealed handgun permit issued by any state who is at least 21 years of age is authorized to carry a concealed handgun in Virginia. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia.

 Status: (We support this bill)

01/14/16  House: Referred to Committee on Militia, Police and Public Safety

01/19/16  House: Assigned to sub: #1

01/21/16  House: Subcommittee recommends reporting (4-Y 1-N)

 HB 1163 is the companion bill to SB 610 (see below) and has passed through Subcommittee #1 of the House Committee on Militia, Police and Public Safety.  It will now go to the full committee which meets on Fridays (9:00 a.m.) in House Room C.  The docket for Friday, 1/29/16, has not been posted, yet.

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 SB 610 Recognition of out-of-state concealed handgun permits.

 Recognition of out-of-state concealed handgun permits. Provides that a holder of a concealed handgun permit issued by any state who is at least 21 years of age is authorized to carry a concealed handgun in Virginia. The bill requires the Attorney General to enter into agreements for reciprocal recognition with other states that require an agreement to be in place before the state will recognize a Virginia concealed handgun permit as valid in the state. Current law recognizes concealed handgun permits issued by states that (i) provide a 24-hour-a-day means of verification of the validity of the permits issued in that state and (ii) have requirements and qualifications that are adequate to prevent possession of a permit by persons who would be denied a permit in Virginia.

 Status: (We support this bill)

01/13/16  Senate: Referred to Committee for Courts of Justice

 SB 610 is the companion bill to HB 1163 (see above) and has been referred to the Senate Courts of Justice Committee.  This committee meets on Mondays (8:00 a.m.) and Wednesdays (15 minutes after adjournment of full Senate) in Senate Room B.  SB 610 is not on the docket for Monday, 1/25/16.

 

 

Posted by editor on Tuesday, January 26 @ 05:51:04 MST (1042 reads)
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National Constitution Week
Civil Rights
 
 
Samuel Adams
Samuel Adams
Happy Constitution Week!

This week we are celebrating the Constitution's 228th year of existence! It is our belief that the American Dream is alive and continues its march forward. However we must never stop fighting to protect liberty. With your help, Americans for Prosperity is committed to advancing freedom by reforming government at the local, state and federal levels. We are grateful for your support and faith in us to help keep America the greatest nation in the world.
Posted by editor on Friday, September 18 @ 14:38:36 MST (1210 reads)
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Little Law Firm takes the wind out of the Attorney General's Sails
Civil Rights Waldo and Lyle the little law firm that could did, has prevailed

 

Image result for waldo and lyle

Joe Waldo

Waldo any Lyle the little law firm that could did, has prevailed ! ! !

Jeremy P. Hopkins

JEREMY P. HOPKINS – PARTNER

Education:
Southern Illinois University 
Carbondale, IL (B.S. 1997)
College of William and Mary
Marshall-Wythe School of Law (J.D., 2002)

Practice Areas:
Partner, The Law Firm of Waldo & Lyle
Jeremy’s practice is limited to representing property 
owners in eminent domain proceedings and 
defending private property rights throughout Virginia.

Contact:Jeremy P. Hopkins

 

Jeremy Hopkins [a/k/a] David]  took on the mighty Goliath [VDOT and Virginia Attorney General Mark Herring]

And slew the them.  It was not easy for Hopkins whose law office [a converted regal old home] stands on  in Norfolk's  Freemason Street. Freemason Street  is a place where freemen from at founding of the Commonwealth  have always answered the call to defend the Commonwealth from oppression. 

In this case we have a social engineering Attorney General, who has eyes on the Governor's Mansion and the White House.  Herring has close ties with several of the nation's leading advocates of  social engineering [Holder / Clinton / Obama] was sent a defeat that brings true social justice to Virginia.  Hopefully this win will tone down Herring's aspirations to make Virginia a social welfare state and a haven for moral deviants and it appears to HCN editors he aspires to do.  But these are discussion for another day. 

This was not the first big win for the firm and Hopkins.  HCN holds Dr. Hopkins in high regards for his accomplishments in social justice.  What HCN considers a landmark in keeping government honest and accountable to public is win Hopkins in Virginia's Supreme Court that touched and concerned Virginia's Freedom of Information Act.  That case was Cartwright v. Commonwealth Transportation Commissioner of Virginia [Cartwright v. Commonwealth Transp. Comm'r, 270 Va. 58, 613 S.E.2d 449 (2005)]:

In a Virginia Freedom of Information Act dispute, the circuit court erred in sustaining a state agency's demurrer and in denying plaintiff's petition for a writ of mandamus on the ground that plaintiff had an adequate remedy at law by means of discovery in a pending proceeding against the agency. Plaintiff was not required to prove absence of an adequate remedy at law, nor could the mandamus proceeding be barred on the ground that some other remedy at law was available, and the agency's eventual provision of the requested information did not render plaintiff's appeal moot. The judgment is reversed and the case remanded for further proceedings.

HCN wonder out loud, why the Pilot, when it reports on Democratic Political Activism by its fellow Democrats it keeps from you the dark secrets behind that activism:

And for those who would challenge our premise about the Pilot you would have to go no further than a very historical day[ report of the Wright Brother's Kitty Hawk Flight] in the region, Friday,  December, 18, 1903,   to see under the banner of the Pilot that the Pilot declared itself that That page is at the end of this HCN opinion. 

What the Virginia Pilot reported:    

Attorney General Mark Herring won't ask the Supreme Court of Virginia to reconsider its decision in favor of a Virginia Beach couple in a long-running eminent domain dispute with VDOT.

The attorney general's office filed notice last month that gave it the option of petitioning the court to rehear the case, but Herring said in a statement Thursday that "it's clear that this phase has gone on long enough."

The matter involves a dispute over just compensation for property VDOT took from James and Janet Ramsey in 2009 to complete a ramp project for Interstate 264. It highlighted what the Ramseys and their lawyer contend is a strong-arm eminent domain tactic by VDOT that involves multiple appraisals with large drops in value to pressure property owners into settling.

The Supreme Court ruled unanimously in April that a Circuit Court judge erred in a trial last year by not letting a jury hear that the state's first appraisal of the land it took from the Ramseys, plus damages, was $154,000 more than a later appraisal. The justices sent the case back to Circuit Court.

"VDOT and their counsel will now retake control of the case for further proceedings in Virginia Beach Circuit Court in light of the Supreme Court's ruling, and I'm hopeful that the parties will reach a mutually satisfactory resolution as soon as possible," Herring said in his statement.

The Virginian-Pilot reported last week that the state's outside legal fees in the case since 2010 have reached $140,000 - about the same amount that initially separated the two sides, according to the Ramseys' attorney, Jeremy Hopkins.

Posted by editor on Friday, May 15 @ 05:23:33 MST (1552 reads)
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Goochland County's use of federal civil asset forfeiture laws
Civil Rights federal civil asset forfeiture laws ~ bad conduct by Goochland County

Avoid Goochland and Lousia Counties

In Virginia

federal civil asset forfeiture laws

Are Lousia and Goochland Counties in Virginia Using these Programs to 

Boost their Coffers and not work to trim the fat off their payrolls? 

 We asked this question because of questionable conduct of their sheriff deputies 

And what appears their failure to have any evidence to support their acts

We can say this as the Attorney for the Commonwealth and the Sheriff for Goochland County have failed to produce any evidence that supports a recent action action by it sheriff deputies, in spite of their being required to have and produce such records under Virginia's Public Records Act and Freedom of information act. 

WE are not allowed to share any information at this time as there is an active case civil and possible criminal case being pursued via the Unalienable Rights Foundation, says Mike Bogacki of UARF.  But he says he will forward the preservation notice UARF sent to Goochland authorities with gives them knowledge and notice of pending actions as those are are public records.  We will make them available as soon as they are received.  

 

 

The Examiner says with HCN comments in [ ]s 

Lawmaker to AG Holder: Why so many cash and property seizures by cops?

A Republican lawmaker on Friday officially requested that outgoing Attorney General Eric H. Holder provide an number of documents and other data regarding the U.S. Justice Department’s role in tens of thousands seizures -- or assets forfeitures -- of cash and property that were taken with the blessing of President Barack Obama in recent years by state and local police under federal civil asset forfeiture laws.

Property seizures, a/k/a assets forfeiture, is a multi-billion dollar government enterprise that's grown under the Obama administration.
Courtesy of Americans for Constitutional Law

An official letter from Rep. F. James “Jim” Sensenbrenner, R-Wisconsin, the chairman of the House Judiciary subcommittee on crime, terrorism, homeland security and investigations, to the Attorney General is part of an inquiry into the alleged billions of dollars in seizures made through the Justice Department’s Equitable Sharing Program, which is the Justice Department's largest asset forfeiture initiative under President Obama. [being used to support Obama's social engineering programs  / the and follow the current African model of social justice.  What is called third world justice and Islamite justice programs are anti-white and anti-Christian]

“While we must ensure law enforcement is properly equipped, they should not be funded by slush funds accrued by violating Americans’ civil liberties,” Sensenbrenner said in his statement Friday. What is also disturbing to the GOP is that originally forfeitures were used when dealing with narcotics money and lab equipment, vehicles used to transport drugs and contraband, and other assets linked to crimes. Today it's being used during the "fishing expedition" investigations of legitimate businesses

Sensenbrenner specifically requested that Holder provide details about the current policies regarding the seizures as well as the standard of proof needed from law enforcement before the federal government “adopts” a state or local seizure into the Equitable Sharing Program. During the President Barack Obama years, what amounts to a "pick but don't pay" program has increased significantly. According to federal law, cash and property seizures are lawful when police say they believe the property in question is tied to a crime through a preponderance of the evidence. [Preponderance of evidence is a fact finder job via the court room not a affirmative action  hire program as it has become.  Judges are allowing it even though it is not legal because it means the slushy  pay checks the judges keeping coming with out the judges having to work for them doing their jobs, like deciding if there is  a preponderance of the evidence  that would allow a seizure].

According to a watchdog group's report, it appears that there are too many agencies and officials who've come to depend on assets forfeiture which has caused what can only be termed acceptable corruption. The nonprofit, public-interest group, Forfeiture Endangers American Rights Foundation (FEAR) reports that:

"Incredible as it sounds, civil asset forfeiture laws allow the government to seize property without charging anyone with a crime. Until FEAR achieved the nation's first major federal forfeiture law reform at the turn of the millennium, the government was allowed to keep whatever property it seized without ever having to prove a case. Seized property was presumed guilty and could be forfeited based upon mere hearsay—even a tip supplied by an informant who stood to gain up to 25% of the forfeited assets. Owners were forced into the untenable situation of trying to prove a negative—that something never happened, even though no proof of any illegal act had been offered at trial. Newspapers and television stories across the nation documented hundreds of cases of innocent citizens wrongfully deprived of their homes, businesses and livelihoods. Eighty percent of property forfeited to the US during the previous decade was seized from owners who were never even charged with a crime!"

"One of the complaints heard by police officers and law enforcement officials is that when someone is arrested, they are innocent until proven guilty. However, even before the trial the government confiscates cash and property that they claim are ill-gotten gains and therefore subject to seizure," said former police homicide and narcotics detective Benjamin Cardona.

In a Washington Post feature story in September, the newspaper spoke with a Florida police chief about the program: “Those laws were meant to take a guy out for selling $1 million in cocaine or who was trying to launder large amounts of money,” said Mark Overton, the police chief in Bal Harbour, Fla., who once oversaw a federal drug task force in South Florida. “It was never meant for a street cop to take a few thousand dollars from a driver by the side of the road.”

"That's why the federal government uses civil law rather than criminal law to make the seizures legal: criminal offenses require proof beyond reasonable doubt for conviction, but civil law only requires a preponderance of evidence, which is a lower standard," said the veteran detective.

Sensenbrenner said that he too questions the veracity of the program since he believes local authorities turn to the Justice Department’s program when their state's civil asset forfeiture laws are stricter than the federal statute. The Republican said that he's concerned over reports and complaints police and sheriff's departments have sometimes violated individual rights when the seize cash and property and then fail to file criminal charges­.

“The implications on civil liberties are dire,” he said in the letter to Holder. “The right to own property is a fundamental right implicitly recognized in the Fourth, Fifth and Fourteenth Amendments. I also believe that it is a human right.”

 

Posted by editor on Monday, October 27 @ 08:28:57 MST (2195 reads)
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an individual may “assert injury from governmental action
Civil Rights Anonymous writes "We held that, in a proper case, an individual may “assert injury from governmental action taken in excess of the authority that federalism defines.” Bond v. United States, 564 U.S. ___ 091227, ___ (2011) (Bond I) (slip op., at 8). We “expresse[d] no view on the merits” of Bond's constitutional challenge. Id., at ___ (slip op., at 14).

Bond v. United States, 572 U.S. ___ 12158, 7 (2014)"
Posted by editor on Sunday, October 12 @ 14:54:30 MST (1817 reads)
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Even the left doesn't want the tax man regulating speech.
Civil Rights

Liberals vs. the IRS

Even the left doesn't want the tax man regulating speech.

The media have remained quiet about the IRS targeting of conservative nonprofit groups and even quieter about the proposed IRS rule to restrict their political speech. Maybe our colleagues will snap out of their slumber now that the objections are coming from liberals.

The comment period for the new IRS political-speech rule is open until Feb. 27, but already there have been more than 69,000 comments, the majority negative. That's far more than the normal reaction to a new regulation—only 7,353 comments on the Keystone XL pipeline, according to Regulations.gov—and it shows how much anger and concern the rule has generated across the political spectrum.

Corbis

Consider some highlights. In a 26-page comment that can fairly be called blistering, the American Civil Liberties Union says the rule "will produce the same structural issues at the IRS that led to the use of inappropriate criteria in the selection of various charitable and social welfare groups for undue scrutiny." Read: Same as targeting the tea party.

Social-welfare outfits should be able to criticize candidates freely, the ACLU writes, because that kind of advocacy is "at the heart of our representative democracy. To the extent it influences voting, it does so by promoting an informed citizenry."

Cathy Duvall, director of strategic partnerships at the Sierra Club, that scold of fossil fuels, has said the new rule "harms efforts that have nothing to do with politics, from our ability to communicate with our members about clean air and water to our efforts to educate the public about toxic pollution."

In the Nation magazine, Nan Aron of the liberal judicial lobby the Alliance for Justice writes that 501(c)(4)s aren't merely groups like Karl Rove's Crossroads GPS, but are "made up of over 86,000 mostly small organizations nationwide" that are active participants in civic life.

"They weren't invented in the last election cycle; they've been around for generations. Their purpose isn't to hide donors, it's to advance policies," Ms. Aron adds. "These groups are involved in elections, because it's often impossible to advance a policy cause without being involved in the political process."

Welcome to the fight, Nan. We could have used you when the original scandal was breaking, but at least you have figured out that a rule that lets a Democratic IRS target conservatives is one that will also let a GOP IRS target liberals. Either way, it's a bad idea.

Under the draft rule, the IRS would recategorize a broad swath of nonprofit actions as political, including any public communication that identifies a candidate within 30 days of a primary election or 60 days of a general election. The rule would also count any communication, public or private, as political if it expresses "a view on, whether for or against, the selection, nomination, election, or appointment of one or more clearly identified candidates or of candidates of a political party."

This redefinition is important because 501(c)(4)s have traditionally been limited to spending somewhere around 49% or less of their activity on politics to keep their tax exemption. The new rule would instantly redefine so much behavior as politics that hundreds of groups would suddenly have to change what they do or stop promoting their issues. Even laws that are colloquially referred to by the names of their sponsors, like ObamaCare or McCain-Feingold, could also be counted as "political" activity for a 501(c)(4) that mentions them or their policies.

The IRS has said it might go even further and reduce the 49% share limit on politics. "Some have questioned the use of the 'primarily' standard in the section 501(c)(4) regulations and suggested that this standard should be changed," the IRS writes in its request for comments. To what—40% or 20%?

By restricting the ability of 501(c)(4)s to engage in politics, the Administration hopes more groups will have to register as political committees instead of social-welfare groups and thus disclose their donors. The purpose of this disclosure is to set up donors as political targets for boycotts and intimidation so the costs of participating in politics will be too steep.

New York Democrat Chuck Schumer recently gave this game away when he urged the IRS and Administration to "redouble" their efforts to crack down on the "tea party elites" who "gained extraordinary influence by being able to funnel millions of dollars into campaigns with ads that distort the truth and attack government."

In other words, Mr. Schumer and the White House want to use the IRS to impose campaign-finance reform. But that's a role Congress has never envisioned for what is supposed to be the nonpartisan tax authority. Congress set up the Federal Election Commission, with three members each from both parties, to enforce campaign-finance regulations so there would be a check on partisan enforcement.

Conservative criticism hasn't stopped the Obama IRS, but maybe liberal unhappiness will. The Treasury Department said earlier this month that the draft rule is merely the "first step in a careful, thoughtful process." It's been thoughtful only in the sense that it is driven by political motives. If the liberals don't want some future Republican IRS to reduce their political speech, they'll continue the clamor until the White House kills this assault on the First Amendment.

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Posted by editor on Tuesday, February 25 @ 21:55:09 MST (2110 reads)
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Native American denied right to display eagle feather at high school graduation
Civil Rights

The American Indian Religious Freedom Act 1978

Escambia Academy High School violates the The American Indian Religious Freedom Act 1978

ATMORE, Ala. 17-year-old Chelsey Ramer, graduated on May 23 on what was supposed to be a joyous occasion. The former Escambia Academy High School student claims she was denied a diploma and fined $1,000 for wearing an eagle feather at her graduation. The Unalienable Rights Foundation sees the conduct of the school as a clear violation of Ramer’s first and fourteenth amendment rights given to her in the U.S. Constitution and clearly set out in Public Law 95-341,  The American Indian Religious Freedom Act 1978.

The American Indian Religious Freedom Act (commonly abbreviated to AIRFA) is a US federal law and a joint resolution of Congress that was passed in 1978. It was created to protect and preserve the traditional religious rights and cultural practices of American Indians, Eskimos, Aleuts and Native Hawaiians. These rights include, but are not limited to, access of sacred sites, repatriation of sacred objects held in museums, freedom to worship through ceremonial and traditional rites, including within prisons, and use and possession of objects considered sacred. The Act required policies of all governmental agencies to eliminate interference with the free exercise of Native religion, based on the First Amendment, and to accommodate access to and use of religious sites to the extent that the use is practicable and is not inconsistent with an agency's essential functions. It also acknowledged the prior violation of that right.

UARF has learned:

It has been more than a week, and she still does not have her diploma. She said it is all because of her feather.

"They told me that if I wore it that they would pull me off the field," said Ramer.

The eagle feather is part of her Native American Heritage. Ramer is of the Poarch Creek Band of Indians. She wanted to wear the feather as a show of pride for her heritage.

"Being honored with a feather for graduation is a wonderful experience. It's a lot more than showing off your culture. It has ties into our spirituality as well," Ramer's former teacher Alex Alvarez.

According to a school contract, Ramer must pay a $1,000 fine to get her diploma and transcripts.

Posted by editor on Friday, June 07 @ 11:56:10 MST (3451 reads)
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So its called The Bill Of Rights or the Bill Of Needs?
Civil Rights Bill of Rights or the bill of Needs;http:www.helpcom.net

Bill of Rights or the Bill of Needs

 


Posted by editor on Saturday, February 23 @ 09:17:21 MST (4763 reads)
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And we are free?
Civil Rights

And We Are Free?

Posted by editor on Friday, February 22 @ 07:35:18 MST (2868 reads)
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Culpeper/Virginia Republican Committee's Position on 2nd Amendment
Civil Rights Culpeper/Virginia Republican Committee's Position on 2nd Amendment

Culpeper/Virginia Republican Committee's Position on 2nd Amendment

RESOLUTION OF THE CULPEPER COUNTY REPUBLICAN COMMITTEE TO OUR ELECTED OFFICIALS AT THE FEDERAL, STATE AND LOCAL LEVELS

 

 

WHEREAS, the Second Amendment to the Constitution of the United States of America explicitly states, "..., the right of the people to keep and bear arms shall not be infringed”; and

 

WHEREAS, the Supreme Court of the United States of America has affirmed that the Second Amendment protects the right of an individual to bear arms, and that affirmation applies on both federal land (Heller vs. Washington, D.C.), and within the several states (MacDonald vs. The City of Chicago); and

 

WHEREAS, an emotional reaction to horrific events is no justification for a violation of our constitutional rights; and

 

WHEREAS, a focus on controlling guns rather than the ultimate goal of preventing violence is presumptuous, an approach that is unsupported by sound social science, and is belied by actual experience; and  

 

WHEREAS, the President of the United States of America has announced his intent to impose additional gun restrictions via executive order; and

 

WHEREAS, gun control legislation has failed to prevent recurrences of mass murder; and

 

WHEREAS, existing regulations, designed to keep guns out of the hands of sick and dangerous individuals, have been inadequately enforced; now therefore

 

BE IT RESOLVED that we Culpeper County Republicans do hereby acknowledge the Second Amendment to our Constitution expresses an inalienable right of individuals to keep and bear arms, and that any attempt to infringe on that right through legislation or executive order, at any level of government, is unconstitutional; and

 

BE IT FURTHER RESOLVED that we Culpeper County Republicans do urgently request our Virginia General Assembly and Attorney General work immediately to nullify any federal legislation or executive order that infringes on our inalienable right as individual Virginians to keep and bear arms, and

 

BE IT FURTHER RESOLVED that we Culpeper County Republicans call on our County Sheriff and Commonwealth Attorney to prosecute any agent attempting to enforce unconstitutional law infringing on our right to keep and bear arms within the County of Culpeper, Virginia.

 

APPROVED by the CCRC on January 24, 2013.

 

Respectfully submitted on behalf of the Committee,

 

 

Alexander J. Aitken

Chairman

Culpeper County Republican Committee

 


Posted by editor on Tuesday, February 19 @ 08:09:03 MST (2461 reads)
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The Constitution is meat for the people not government
Civil Rights

The Constitution is

meat 

 

for the People

not government

 

Posted by Editor on Tuesday, February 05 @ 17:55:49 MST (2898 reads)
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The Common Man Defends Due Process, Not Government
Civil Rights editor writes "

 

The bullet in the hands of common men defends and protects due process, not bullets solely in the hands of the government.

David M. Lindsey, President, The Unalienable Rights Foundation


"
Posted by annoregni on Thursday, January 10 @ 22:12:46 MST (2341 reads)
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Anti-Obama Posts on Facebook leads to a warning from Facebook
Civil Rights

Anti-Obama Posts on Facebook leads to a warning from Facebook that Such Post would/could end in the suspension of the Facebook account.

3 January, 2013. Facebook [FB] notified/posted on my computer screen when/as I tried to post an article from the Washington Times on my FB wall that was critical of the acts of the democrats and Obama that, that post was not in keeping with the intended purpose of that function of FB. Exactly what that meant/means is not/was not at all clear to me from the limited amount of information contained in the notification.

In addition to the notification FB put up a window/box that required me to enter/match obscure letters/words that were displayed in that box into another box and then click the enter button on my screen to proceed further. This came with the warning if I did my FB account would be subject to suspension.

Since FB is a private entity and may have the right to control activity [another conversation for another day] that government and certain private business entities not do have;

That under the rights granted to me in the 1st Amendment to the United States Constitution;

Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. U.S. Constitution U.S. Con. 1st Amd. (1791);

That under the rights granted to me in the 14th Amendment to the United States Constitution;

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. U.S. Constitution U.S. Con. 14th Amd., § 1 (1868).

At this time I will not comment further on FB’s acts/conduct in this particular matter and will leave it up to you to come to the conclusions as to what are issues that should be examined and what determinations should be proffered.

To Send Us A Comment

Posted by annoregni on Thursday, January 03 @ 07:28:58 MST (2392 reads)
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Bill of Rights Cast in Stone
Civil Rights New Page 1

Monoliths that comprise the Bill of Rights Monument near the Arizona state house in Phoenix.

By trade, Chris Bliss is a stand-up comic and juggler — not a lawyer.

In spite of that, or maybe because of it, Bliss is on the verge of a unique accomplishment that will warm the hearts of lawyers. Almost single-handedly, he has willed into existence what may be the first-ever monument to the Bill of Rights in the nation. He hopes there will be many more.

On December 15, also known as Bill of Rights Day, the monument will be dedicated near the Arizona state capitol in Phoenix with the blessing of state Republicans and Democrats alike — rare in a state that has become known for divisive politics.

Ten limestone monoliths, each etched with the words of one of the amendments, will spread across an arc at Wesley Bolin Memorial Plaza, an entry point for thousands of school children visiting the state capitol. The monoliths are designed to echo the shape of the red rocks of Sedona, Ariz.

Bliss, 60, talks about the dedication as if he can't quite believe it is finally happening. It is the latest highlight of "the unusual life I lead," which two weeks ago had him doing his comedy routine aboard a 6,000-passenger cruise ship in the Caribbean. Back on dry land, he threw himself into planning the event, which will feature politicians including Republican Governor Jan Brewer and Phoenix Mayor Greg Stanton, a Democrat. Another key supporter, Democratic Congresswoman-elect Kyrsten Sinema, may also attend. She will be the first openly bisexual member of Congress. "She is also openly bipartisan," Bliss joked.

The idea for the monument came to Bliss seven years ago, when he was looking for a "positive, common ground project" to take on. He wanted to get above the "culture wars," which at the time included battles over Ten Commandment monuments in public spaces. Why not, he thought, erect monuments to the Bill of Rights, too, and "let people comparison-shop"?

The Bill of Rights has become a forgotten document, Bliss said. "When you mention it, people think you are talking about a patient's bill of rights or an airline passenger's bill of rights."

Yet internationally, Bliss said, the principles in the Bill of Rights are "the demands people make when they are fighting oppression."

A SLOW START

After a Google search turned up no other monuments to the Bill of Rights, Bliss decided to try to make it happen. A native of Washington, Bliss said, "I grew up in a city of monuments. I thought, how hard could this be?"

It wasn't easy. Bliss created a website, MyBillOfRights.org, and turned first to Arizona, where he was living at the time. He got initial support — but no money — from the Arizona Legislature, with the help of Sinema, then a member of the Arizona House of Representatives. Meanwhile, Bliss' career took a new turn when a 2006 video of him juggling went viral in the early days of YouTube, with nearly 2 million views.

But fundraising was slow, at first. "The Bill of Rights didn't have an existing constituency" to support a monument, unlike fallen police officers. "People don't build monuments to ideas. There's the Statue of Liberty, and not much else."

Josh Wheeler, director of the Thomas Jefferson Center for the Protection of Free Expression, agrees with Bliss on that point. It took the center nearly 10 years to win approval for a First Amendment monument in Charlottesville, Va. — a much-used community chalkboard and podium. "To finally dedicate the first major monument honoring the Bill of Rights is long overdue," Wheeler said. "Chris has created a monument that will remind and inspire generations to come."

1 / 5
Chris Bliss breaks ground on the installation of his Bill of Rights monument in Phoenix.

Posted by annoregni on Monday, December 17 @ 16:32:01 MST (2482 reads)
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HCN posts are part of an open academic discussion among professionals and they are not intended to constitute either a professional opinion or professional advice. It is for academic discussion purposes only. It in no way expresses the true opinion of the commentator. HCN provides an academic forum for the free and open expression and discussion of ideas, theories, and concepts about  issues relating to government/political policy. Creativity, speculation and rumination are encouraged. The comments published here should not be taken to represent the commenter's position or opinion in any present or future publication or litigation; they should be regarded as tentative thoughts, subject later rethinking and revision in accordance with future promulgations.  They are not to be taken as professional advice and do not create any professional relationship.  Additionally, notwithstanding anything contained in this e-mail or the provisions of any “electronic signature” law, no offer is intended to be extended or accepted hereby and it is the intention of the commenter, author, and/or sender that a contract may only be formed by a document physically signed by the author or an appropriate officer of the employer of the author or its relevant subsidiary as the case may be.

 

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Hurricane
·The Atlantic hurricane season runs from June 1st through November 30th.

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Unalienable Rights Foundation
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