USSC AZ SB1070 Decision: Impact on Border States

In Arizona v US concerning Arizona's SB1070 has spurned a lot of speculation. Both sides of the law have claimed a form of victory in the decision and opinions handed down by the Supreme Court.

The decision, majority, and dissenting opinions aggregate to seventy-six pages. All of them are partially dissenting, partially assenting.

Four provisions of the State Law came into contention. Three of the provisions were struck down on the sole concept of preemption. Federal Laws already on the books preempt state laws in regards to immigration. The US Constitution provides a clear clause in Article 1 Section 8 that states the Congress has the sole authority in determining naturalization and immigration laws.

This decision enforces the US Constitution's supremacy over state laws in accordance to Article 6 Clause 2 when used in application to the explicitly stated enumerated powers. Those who support the US Constitution as the supreme law of the land should support this decision, even though they approve of the state level law.

The court decision does little for or against the border states. The federal laws are on the books and should be enforced. States are allowed to enforce federal laws, but not allowed to change them. That makes sense. The question left hanging is can states sue the federal government for not enforcing their own laws.

The provisions struck down include the stipulation that Arizona made being in the country/state illegally a state-level crime. The violation already serves as a federal crime, no state level crime is necessary. The provision was merely to raise attention to the fact the federal courts and enforcement officials were refusing to do their jobs. Striking down this provision, in effect, does nothing.

Making it a crime to hold a job while in the country illegally is already against a federal law. State and federal laws targeting employers already exist as well. Striking down this provision also does nothing.

The one provision struck down that actually serves as a blow to the border states is the decision that state and local level law enforcement officials must grant 4th and 5th Amendment rights to non-citizens who are in the US illegally. No searches, seizures, or arrests without warrant are allowed to border states since they allegedly preempt federal laws.

However, the most contentious of the four provisions remained upheld. If somebody is stopped under suspicion of breaking another law, include during a routine traffic stop, local law enforcement officers can inquire citizenship and/or legal residency status. Any person detained must have such status verified before being released. If found in the country illegally, they can be referred to the US Federal authorities for prosecution. If the federal officials defer to prosecute, the state officials can prosecute and jail those personnel as appropriate, making the judgement fit the crime.

To an extent, the decision sends a message to border states. It tells them "you cannot defend yourselves". However, it also sends the message "you can enforce the federal laws, as long as you do so in accordance with those federal laws and include the proper federal authorities".

The best response border states can employ at this point is to ease up on Castle Doctrine laws. If somebody in a border state believes their property is being invaded, they should be allowed to defend their property, shooting on sight. Of course, I also advocate ranchers on the borders being allowed to own and employ M2 .50Cal machine guns to protect their sovereign property.

Mental Aikido: USSC Decision -- Impact on Border States

Nine Fires Burning in Colorado

Much of Colorado is covered in smoke as nine fires are now burning in the state.

The High Park Fire near Fort Collins, is still the largest at nearly 82,000 acres, but resources are being diverted from it to fight the others.

Colorado is facing a series of temps near or above triple digits, low humidity, and varying winds.

With already near five thousand firefighters fighting the various blazes, more are being sent from across the US.

The town of Manitou Springs was completely evacuated, due to the Waldo Canyon Fire.

In Estes Park twenty homes and another structure have been burned by the Woodland Heights Fire.

Parts of Elbert were evacuated due to a fire threatening the town, but hopes are that it will be fully contained by Monday.

Firefighters have fully contained the Springer Fire and all evacuees have been allowed to return home.

Near Alma, the Treasure Fire is not expected to grow much further as it is being pushed up a ridge that will put it above the tree line, where fires struggle to spread at all.

To the south of Durango, the Stateline Fire has destroyed a few structures.

Mancos is facing off the Weber Fire which has threatened homes, but so far hasn't been able to take any.

Concerns are that it will cut the highway which connects Cortez and Durango.

In the east, near Pagosa Springs the Little Sand Fire has been burning for over a month.

During the last few days it has started spreading at over 1,000 acres a day.

High Park Fire Expands as Containment is Lost

Containment dropped from sixty down to forty-five percent as the High Park Fire grew to over 75,000 acres.

High winds and temps in the hundreds helped fuel the blaze.

In some places fire trucks had to be pulled back or they would've been lost to the expanding flames.

Firefighters see no relief in sight, as the same weather conditions are expected to repeat over the next few days.

Over 1,900 firefighters backed by more than 130 engines, seventeen helicopters, and eleven aircraft have been battling the blaze.

So far the fire has killed one, burned nearly two hundred homes, and cost an estimated twenty-five million dollars, making it the costliest and most destructive in Colorado history.

The fight continues against the Springer Fire, though hopes are to have full containment by the end of Saturday.

It forced hundreds of evacuations as it burned over 1,100 acres. Around four hundred fifty fire personnel are involved in fighting that fire.

Another fire started Saturday, near Estes Park, when a cabin caught on fire, which quickly spread in the area.

Sixteen structures were quickly claimed by the new blaze, as it grew to around fifty acres.


Resorts and campgrounds in the area have been put on evacuation alert, but for now it seems to aiming straight at the town instead of them.


It's proximity to the town has made it a focus, and two helicopters and one tanker were switched from the High Park Fire to it.

Efforts are being made to eliminate this blaze by the end of Sunday.

High Park Fire Causes More Evacuations

With record heat striking Colorado, the High Park Fire has grown to nearly 70,000 acres.

Despite the heat, winds, and low humidity, firefighters reached up to sixty percent containment.

However, 733 more evacuation notices were sent out to areas that hadn't received them previously.

The fire has claimed one life and a total of 191 home.

Incident commander Bill Hahnenberg updated his statement that it could be months til the fire was completely contained to saying that they're aiming for July 15.

Over 1,900 firefighters backed by over 130 engines, seventeen helicopters, and eleven aircraft are battling the blaze.

So far the fire has cost an estimated twenty million dollars, making it the costliest in Colorado history.

Rabid Skunk Outbreak Continues

Since the beginning of June officials in Colorado have found a whole slew of sick or dead skunks with rabies.

So far twenty-two have been found in Larimer and Weld Counties.

Authorities have also found a couple rabid foxes this month.

Both the Weld County Department of Public Health and Environment and the Larimer County Department of Health and Environment have warned residents to be on the alert for dead animals, or for living ones acting strangely.


Rabies is a very contagious disease that affects the nervous system in it's victims.


It can also cause those sick with it to become violent.

Banning Children's Side Walk Chalk Art

A homeowner's association in Stapleton, Colorado has banned children from drawing on sidewalks.

According to Innovations and Courtyard Traditions the ban covers, "anything that offends, disturbs, or interferes with the peaceful enjoyment is not allowed on shared spaces".

And apparently a three year old's sidewalk chalk flowers are included in that.

The company says that they have received complaints from neighbors regarding the chalk, whilst the family says they haven't heard a thing.

Family members said they will continue to allow the little girl to continue drawing in a form of protest, until the ban is lifted.

Remembering: The US Constitution

Almost as soon as they were ratified the Articles of Confederation showed their weakness.

On May 25, 1787 a Constitutional Convention began in Philadelphia.

It took less than three months for the delegates to come up with a new constitution that allowed for a strong federal government, but established many checks and balances to restrain it.

The Constitution required that nine of the thirteen states ratify it, for it to become legal.

On June 21, 1788 New Hampshire became the ninth state to do so, and the new government was approved.

March 4, 1789 saw the beginning of the new government under the Constitution, with only eleven of the states having approved it.

North Carolina would do so in November 1789, whilst Rhode Island held out til May of 1790 and only did so under pressure from the other states.

The United States Constitution is the longest living constitution in the world.

This Is What Contempt Looks Like

The title is a paraphrasing of that phrase the Occupy crowd loves to chant to the point we ignore it. "This is what Democracy looks like!". Well, Sparky, you obviously failed your civics classes. Our federal government is not a democracy. We are a Republic. In fact, the US Constitution explicitly mandates that every state of the union and those seeking to join must demonstrate they have a republican form of government, not a democracy.

However, the democratic process our duly elected representatives to one portion of the bicameral legislative branch of our great republic has spoken. After deliberations, amendments to the order voted upon, with one approved, the House Oversight Committee has decided to go forward with contempt charges against Attorney General Eric Holder.

In earlier articles, I discussed Eric Holder's seeming disregard (and contempt for) Federal Voter Laws, such as the "Motor-Voter" Act of 1993 and the "HAVA" of 2002. He has also shown disrespect for state sovereignty in establishing voter integrity laws that support those federal laws, such as his suit against Arizona' voter integrity law. Furthermore, he demonstrated contempt for states who wish to bolster federal laws and assist in seeing them enforced with laws such as Arizona's SB1070 and similar laws in Georgia and Texas.

This order brings the vote to the general assembly of the House of Representatives. It is not a "guilty" verdict. It is more along the lines of a grand jury indictment. The charge of contempt is not the same as other charges some seek against the AG in regards to Operation Fast and Furious. It is more like a charge of impeding an investigation.

The committee has requested numerous documents in regards to the gun-walking operation. In addition, they requested documents in regards to Operation Wide Receiver that was conducted during the Bush administration. The majority of the documents requested still have not been turned over.

Holder, feeling the heat, attempted to negotiate a settlement on the night of June 19, 2012. He promised a portion of the documents. He showed up with none. He offered to give an oral summary. Given the "inaccuracies" he was caught uttering while giving previous testimony, the oral summary was out of the question.

The vote came down mostly along partisan lines. Some of the Democrats may have crossed the aisle had some of their proposed amendments passed the committee vote. None did.

The real star of the hearing was Representative Trey Gowdy of South Carolina. He presented perhaps the best non-partisan arguments in the debate. Representative Gowdy demanded all the documents from all gun-walking programs be brought forward. He stated that whoever the AG in charge was during the times of each should be questioned, to include Eric Holder.

The Democrats who attempted to defend Holder and oppose the order spoke mainly of intentions behind Operation Fast and Furious as investigations into how to reform gun sales in the United States. Translation, they claim it was an investigation meant to look for more ways to violate our citizens' Second Amendment rights.

That argument doesn't make any sense. How does intentionally giving weapons to criminals and terrorists who oppose our country supposed to bring reforms to how our citizens defend themselves? It doesn't.

One congressman even made a statement about AK-47 ownership in Arizona. He claimed that there is no reason to own one. He stated that an AK-47, an M-4, or an AR-15 does not fulfill the need for hunting or self-defense. Obviously this individual  needs to talk to the family of Robert Krentz, a rancher who was assassinated by a drug cartel.

The criminals will get these weapons, regardless of the laws. You cannot defend your family and property with a pellet gun if those trespassing, invading, attacking and destroying them are carrying PKMs. In addition, one lone rancher facing five to fifteen armed men is outnumbered and out-gunned with just a shotgun or a .45cal pistol. The US Supreme Court ruled that police do not have the responsibility to protect individuals or their property. In addition, the closest police station is up to an hour away on some southern Arizona ranches.

Instead of looking for ways to prevent guns that originate in the hands of lawful US gun dealers from ending up in the hands of foreign criminals, they should have looked into ways to track those already in their hands. They made a mistake. They used no methods to track the weapons. Such tracking methods  do exist and are effective. We have employed them in similar operations in other countries. However, this time were not employed. The weapons went, unaccounted for, to terrorists and criminals. The end result was the murders of over three hundred Mexican citizens, and at least one US Border Patrol Agent we know of, so far, Brian Terry.

The backpedaling involved an ulterior motive in recording how complicit the weapons dealers were in supplying the cartels. The issue with that claim is that the weapons' dealers agreed to assist the ATF and DoJ in this operation out of a sense of patriotism. They weren't caught breaking the law. They were asked to help the DoJ and ATF break the law. As the son of a former licensed gun dealer, I know the value in cooperating with the ATF when they ask for help. It can make necessary audits remain thorough but a lot less unpleasant.

The executive response to the hearing was to send some aid from the AG's office with a notice that Obama indicated he may seek executive privilege on the documents. The truth, even with that memorandum, is no such privilege had been invoked. Holder was in violation of the summons at the time the hearing took place. The alleged crime had already been committed.

The formal contempt vote is set to take place some time next week. Today, however, the contempt order (bill) on Holder passed with a vote of 23-17.

Still, Holder tries to obfuscate and stall investigations. In response, Holder made a statement that he handed over more than 7,600 documents already. Many of these were redacted to the extent that they no longer contained no information. It was also just a small portion of the documents requested. Unverified rumors also indicate that Obama will, in fact, invoke "executive privilege" in order to protect AG Holder.

This makes me want to review the case of US v Nixon. 

This is what contempt for our US Constitution looks like. It looks like Eric Holder.

Tulowitzki Gone Through August

Bad news for the Colorado Rockies as it has been announced that Troy Tulowitzki will be gone through at least August.

Tulowitzki has been having issues with his left leg for awhile, and now doctors have finally discovered the problem.

He will be undergoing surgery to remove scar tissue that is impacting a nerve in his left groin.

This marks the fourth injury, three of which were major, that the twenty-seven year old short stop has had since 2008.

For Tulo, there is a lot of relief in finally knowing what the problem is.

Hopes are that he'll return strong for next season, if not the end of this one.

Anheuser-Busch Trademarks 42 US Airport Codes

Anheuser-Busch has applied for trademarks on forty-two US airport codes.

The applications cost the company only $11,500.

They did not release their plans for the codes, but the guessing is pretty much all in agreement.

Most likely we'll be seeing an entire series of new beers from the company.

Each one named after, and only available at each airport.

Some people would likely make it a mission to have had each one, and if in bottles, to collect one of each.

It would be quite the coup for bragging rights, by the company.