Posted on 08/30/2018 2:30:06 PM PDT by marktwain
The Michigan Department of Health and Human Services (HHS) requires that foster parents give up their Second Amendment rights in order to be eligible to be foster parents. The Second Amendment Foundation has funded a lawsuit to challenge this requirement as unconstitutional. Federal District Judge Paul Maloney held the lawsuit against HHS may go forward. From prnewswire.com:
U.S. District Judge Paul Maloney issued the ruling in a case involving William and Jill Johnson and Brian and Naomi Mason, all of Ontonagon. While the judge dismissed claims from the Masons, he allowed the Johnsons to continue. The judge dismissed a motion by the state to dismiss the case.
In deciding that the Johnsons have a plausible case, Judge Maloney observed, “Storing firearms in an inoperable condition makes them useless for the defense of hearth and home, which implicates the Second Amendment….The need for self-defense rarely comes with advance notice; it occurs spontaneously, often at times specifically chosen for the expected vulnerability of the intended victim.”
The Johnsons' case got support from Michigan Attorney General Bill Schuette, who filed an amicus brief on their behalf.
(Excerpt) Read more at ammoland.com ...
GWB appointee.
This judge still sits? I am astonished that an enterprising journalist hasn't discovered that the man his a hypocrite with a Stormy problem that would make Trump blush. Seriously! /s/
They should prevent Foster Parents from living in Homes with Swimming Pools, Bathtubs and a Second Story.
The other day there was a thread with a poorly written article that made the judge restating the agency’s argument sound like it was the judge’s opinion. Nearly everyone on the thread was calling for hanging the judge, even though he ruled in favor of the plaintiffs. Read the articles people!
http://www.freerepublic.com/focus/f-news/3682283/posts
Let the DemocRATS print a gun they can use to commit suicide! By the way, piss OFF the LEFTIST Censors. FREE 3-D printed gun blueprints here, so download all 10 or so!
https://www.codeisfreespeech.com/
Let the DemocRATS print a gun they can use to commit suicide! By the way, piss OFF the LEFTIST Censors. FREE 3-D printed gun blueprints here, so download all 10 or so!
https://www.codeisfreespeech.com/
FR: Never Accept the Premise of Your Opponent’s Argument
Regarding this state government attack on 2nd Amendment rights, please consider how this misguided action by non-elected MDHHS bureaucrats is actually supporting the 2018 election of new federal patriot lawmakers to Congress.
To begin with, the congressional record shows that when Rep. John Bingham, the main author of Section 1 of the 14th Amendment (14A), officially read the rights expressly protected in the Bill of Rights to the House as examples of constitutional rights that the states obligated themselves to respect when they ratified 14A (ratified under very questionable circumstances) Bingham included the 2nd Amendment (2A).
John Bingham, Congressional Globe. (See 2nd Amendment about in middle of 2nd column.)
And speaking of 14A applying 2A to the states, note that 14A also shows us that the states prohibited themselves from making laws and policies that abridge constitutional enumerated rights, 2A unquestionably one of those rights.
From the 14th Amendment:
"Section 1: 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 [emphasis added]; 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.”
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
So patriots can work with their federal lawmakers to make peacetime punitive civil laws that discourage state actors from abridging constitutionally enumerated rights, including 2A.
In fact, note that the Supreme Court had clarified that regardless that 14A didn't create new rights, it gave Congress the power to make peacetime punitive civil laws that discourage state actors from abridging constitutionally enumerated rights.
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphasis added].” —Minor v. Happersett, 1874.
H O W E V E R …
We're still stuck with a corrupt, post-17th Amendment ratification uniparty Congress left over from the lawless Obama Administration that has a track record for wrongly remaining silent while state actors, like the non-elected bureaucrats running the MDHHS, abridge constitutionally enumerated rights, particularly 1st and 2nd Amendment rights.
In fact, in stark contrast to making laws to strengthen rights from abridgment by state actors like the MDHHS, federal Democratic lawmakers have been trying to win votes by pushing anti-2nd Amendment gun control laws.
The remedy for the constitutionally enumerated rights-ignoring Congress …
Patriots in all states need to come to the rescue of pro-2nd Amendment foster parents in Michigan by doing the following.
Patriots need to make sure that there are plenty of Trump-supporting patriot candidates on the 2018 midterm primary ballots, candidates who will be willing to make punitive laws to discourage state actors from abridging constitutionally enumerated rights, and pink-slip career lawmakers by sending patriot candidate lawmakers to DC on election day.
New patriot lawmakers can start writing punitive laws that discourage state officials from abridging constitutionally enumerated rights on their first day in office.
And until the states wise up and repeal the ill-conceived 17th Amendment, evidenced by concerns about the integrity of the outcome of Alabama's and Pennsylvania's special elections, patriot candidates need to win elections by a large enough margin to compensate for the following concerns.
Intel Chair: FBI, DOJ Obstructing Trump Probe in Hope of Dem Takeover in Congress
Keep Pelosi from becoming Speaker again.
Obama: Pelosi will be speaker again after November midterms
Keep Democrats from impeaching Trump.
Democratic Rep. Al Green says he will force House impeachment vote
Young, misguided, newly registered pro-gun control voters who are likely clueless about the fed's constitutionally limited powers.
Possible deep state ballot box fraud and associated MSM scare tactics.
Interference from people like Soros.
Hacking Democracy:
Of course they are, they did. Courts may someday in the future say they shouldn't have and they will appeal.......blah, blah, blah.
You are correct, of course.
The price of liberty...etc..
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.