Showing posts with label assembly. Show all posts
Showing posts with label assembly. Show all posts

Thursday, May 21, 2009

Mixed Messages: Obama Speaks At Notre Dame, Protestors Escorted Out

Recently Barack Obama presented another one of his speeches to the graduating class of Notre Dame University in South Bend, Indiana - a private Catholic University.

Since the announcement of Mr. Obama's handpicked universities for his appearances, there had been much controversy and debate with respect to his choice of Notre Dame due to his clear advocacy and support for unrestricted access to abortions in this country, even going so far as to oppose an Illinois bill attempting to ban the heinous late term "partial birth" abortion practice within that state prior to his election to the Senate, which did come up during the election campaign a few times and which he never convincingly explained.

This practice has also been known due to its brutal method, to cause trauma and injury to the woman in the process, and the U.S. Supreme Court recently upheld its ban due to both the timing and the method which is then used, and the risks to the mother.

The Catholic Church, of course, takes exception to this position as in violation of their church teachings on the sanctity of human life.

There was much build up reported in the mainstream media in this country, with some in the academic community vocalizing their objections, and others apparently more interested in the press that such a visit would entail for the university who attempted to downplay the conflict.

Its hard to fault some at the school, since they were in a "no win" political situation. Although if ever there was a time for the head of the university to take a stand for his Church's teachings, you would think this would have been one of them in order to set that example for those graduating seniors. But does appear that there was some force preventing him from doing so.

Perhaps this was the point all along.

It truly was interesting in light of Mr. Obama's positions that he would choose Notre Dame to begin with, and sort of makes one wonder what his true agenda actually was all about.

There are literally thousands of college campuses in this country, and it did appear there was a method to his madness in that of the three universities selected - Arizona State University in Tempe, Arizona; Notre Dame in South Bend, Indiana; and the Naval Academy in Annapolis, Maryland - one was a public university, another a private religious institution, and the third a military academy.

According to the local South Bend newspaper, the final event was pulled off without a hitch. The reason being, of course, that as soon as some of the more vocal members of the student body decided to use their freedom of speech, they were summarily escorted from the auditorium by the security detail assigned for the event.

Interestingly, the piece from the local paper also summarized the gist of the message Mr. Obama had chosen for those graduating seniors. The final paragraph of which quoted Mr. Obama's final instruction and message:

"In this world of competing claims about what is right and what is true, have confidence in the values with which you've been raised and educated," he said. "Be unafraid to speak your mind when those values are at stake. Hold firm to your faith and allow it to guide you on your journey. Stand as a lighthouse."

Based upon the treatment of those in the audience who were "unafraid to speak their minds when their values were at stake," and their subsequent ejection from the event, I hope I'm not the only one that caught the hypocricy there.

Although Notre Dame is a private university, it receives much in the way of public funding in grant monies from the American taxpayers, and is not at all truly privately funded at all. And most of those private funds also come from members of the Catholic community.

I wonder who spoke at Mr. Obama's graduation ceremony from Harvard as one who was schooled and would gather passed his Constitutional law classes?

Mikhail Gorbechev?

http://www.southbendtribune.com/apps/pbcs.dll/article?AID=/20090518/News01/905189969/1011/News

http://www.cnn.com/2009/POLITICS/05/16/obama.notre.dame/index.html?eref=rss_topstories





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Tuesday, April 21, 2009

U.S. Constitution is De Facto Law of the Land

Below is an excerpt from the Sixteenth American Jurisprudence, Second Edition, Section 256, which affirms that the U.S. Constitution, unless and until LAWFULLY amended as contained within it's express provisions, is a contract between the federal and state government and it's people, and the defacto Law of the Land.

As a contract itself and in spite of U.S. history almost from the moment it was ratified by the 13 original colonies, any and all interpretations or applications of the provisions contained within it under the "common law" upon which contract law is based according to the Magna Carta (used by the founders in their deliberations) by any and all judicial authorities at both the state and federal level is to be done using the "common useage" English definitions in such interpretations or applications pursuant to "contract law doctrine." The footnote citations relate to U.S. case law which enforces this restatement and can be researched after pulling up the Am.Jur citing for a listing of footnoted case laws at any local law library:

Section 256. Generally.

The general rule is that an unconstitutional statute, whether federal [29] or state, [30] though having the form and name of law, is in reality no law, [31] but is wholly void, [32] and ineffective for any purpose; [33] since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it, [34] an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. [31] Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. [36] No repeal of such an enactment is necessary. [37]

Since an unconstitutional law is void, the general principles follow that it imposes no duties, [38] confers no rights, [39] creates no office, [40] bestows no power or authority on anyone, [41] affords no protection, [42] and justifies no acts performed under it. [43] A contract which rests on an unconstitutional statute creates no obligation to be impaired by subsequent legislation. [44]

No one is bound to obey an unconstitutional law [45] and no courts are bound to enforce it. [46] Persons convicted and fined under a statute subsequently held unconstitutional may recover the fines paid. [47]

A void act cannot be legally inconsistent with a valid one. [48] And an unconstitutional law cannot operate to supersede any existing valid law. [49] Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. [50] Since an unconstitutional statute cannot repeal or in any way affect an existing one, [51] if a repealing statute is unconstitutional, the statute which it attempts to repeal remains in full force and effect. [52] And where a clause repealing a prior law is inserted in an act, which act is unconstitutional and void, the provision for the repeal of the prior law will usually fall with it and will not be permitted to operate as repealing such prior law. [53]

The general principles stated above apply to the constitutions as well as to the laws of the several states insofar as they are repugnant to the Constitution and laws of the United States. [54] Moreover, a construction of a statute which brings it in conflict with a constitution will nullify it as effectually as if it had, in express terms, been enacted in conflict therewith. [55]

An unconstitutional portion of a statute may be examined for the purpose of ascertaining the scope and effect of the valid portions. [56]

The numbers in [brackets] are footnotes that refer to court decisions. You can look them up in the American Jurisprudence at any law library.

Juries in the United States have the right and power to judge the law as well as the facts. This means that a jury can acquit a defendant for any reason or none and need not give any reason for it's decision. Therefor bad statutes that are unconstitutional or immoral can be set aside, or good laws that are misapplied can be ignored. This is called "jury nullification."




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