Monday, June 29, 2015

Is Shaun King the next Rachel Dolezal


Rachel Dolezal
 During his freshman year of high school, Shaun King was savagely beaten by a dozen self-described “rednecks” in one of Kentucky’s first registered hate crimes. The injuries were so severe, he missed part of his sophomore and junior years of high school while undergoing three spinal surgeries.
One day, a pickup full of youth tried to run him over on school property. He reported the incident to school authorities, but instead of punishing the perpetrators, officials protected the youth, King says. Then, one day while walking to band class in 1995, King was the victim of a brutal hate crime. A dozen youth assaulted him. He suffered facial fractures and required three spinal surgeries, causing him to miss a year and a half of school. He fell into deep depression and at times wanted to die. But his best friend’s dad, a pastor, came to visit him, lifting his spirits. (link)

Friday, June 19, 2015

A Rebuttal to Deray McKesson’s Washington Post Opinion Piece

re-newsit

Federal Oversight of Local Law Enforcement: A Rebuttal to Deray McKesson’s Washington Post Opinion Piece Dated June 16 2015

Issue:
Can there be Federal oversight of local law enforcement?

Rule:
10th Amendment of United States Constitution
BRECHT V. ABRAHAMSON, 507 U. S. 619
UNITED STATES V. LOPEZ, 514 U.S. 549, 115 S. Ct. 1624, 131 L. Ed. 2d 626 (1995)
UNITED STATES V. MORRISON 529 U.S. 598, 120 S. Ct. 1740, 146 L. Ed. 2d 658, (2000)

Analysis:

We begin our analysis of the question of whether there can be Federal oversight of local law enforcement with a look at the 10th Amendment of United States Constitution. The 10th Amendment states “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Because police powers are not delegated to the United States by the Constitution and because police powers are not prohibited by it to the states, police powers are constitutionally reserved to the separate states.

We may now move our analysis of the question of whether there can be Federal oversight of local law enforcement to opinions rendered by the United States Supreme Court on the issue of police powers. The United States Supreme Court has consistently held that police powers are constitutionally reserved to the separate states.

"We can think of no better example of the police power, which the [Framers] denied the National Government and reposed in the States, than the suppression of violent crime and vindication of its victims"; UNITED STATES V. LOPEZ, 514 U.S. 549, 115 S. Ct. 1624, 131 L. Ed. 2d 626 (1995)

“The power to protect society from sex offenders is part of the general police power that the Framers reserved to the States or the people.” UNITED STATES V. MORRISON 529 U.S. 598, 120 S. Ct. 1740, 146 L. Ed. 2d 658, (2000)

“‘The States possess primary authority for defining and enforcing the criminal law'" BRECHT V. ABRAHAMSON, 507 U. S. 619, 635, 113 S. Ct. 1710

Because police powers are constitutionally reserved to the separate states, any attempt by the Federal Government to set a “national standard” or “coerce compliance” with federally defined standards would violate the constitutional separation of powers. The propositions set forth by Deray McKesson in his Washington Post Opinion Piece Dated June 16 2015 would be struck down in a constitutional challenge.

Conclusion: 
Because general police powers are constitutionally reserved or the separate states Deray McKesson’s proposition of Federal oversight is in error.

Disclaimer: The author David Piercy is not an attorney or law firm and does not provide legal advice. Nothing in this information is intended nor should it be considered legal advice. Each legal matter is unique and specific; as such the author David Piercy encourages every individual and business to seek guidance from legal counsel concerning their specific legal matter. "We are not attorneys licensed to practice law and may not give legal advice or accept fees for legal advice."

Tuesday, June 16, 2015

Tuesday, June 2, 2015

Wellston, Missouri - Lawless and Bankrupt


The insane thing about this story, aside from the obvious, is that the two women involved continued to be voted into office...and these stories are just the tip of the iceberg.