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Horowitz: Constitutional sanctuary movement begins to grow

Let us remember that if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom. It is a very serious consideration, which should deeply impress our minds, that millions yet unborn may be the miserable sharers in the event.” ~Sam Adams, Oct. 14, 1771

All politics is local. That is a principle patriots will have to use and maximize to its fullest extent in the coming weeks. As the federal government and many state governments violate the Constitution with COVID fascism and, likely soon, by clamping down on protected political speech, local law enforcement and elected officials will have to step up to the plate and defend our constitutional rights.

Trump won 83% of the counties, in addition to roughly half the states. There is no reason why each one should not become a constitutional sanctuary. If the local sheriff, county commissioners, county executive, school board officials, and prosecutor are all in favor of declaring the county a sanctuary from civil liberties violations, then “there shall be left to mankind an asylum on earth, for civil and religious liberty,” as Sam Adams predicted when embarking in the struggle for independence.

The constitutional sanctuary movement that started with the Second Amendment is gradually moving into COVID fascism and hopefully will be used to push back against any tyranny at the federal level in the coming months.

On Monday night, the Monument Board of Trustees declared Monument, Colorado, to be a sanctuary from restrictions on businesses. This small town in El Paso County voted 7-0 on “A resolution reasserting the rights of the Town of Monument and its residents and condemning the unconstitutional limitations imposed upon their freedoms by the governor of Colorado.”

Specifically, the resolution announced the town will “not abide by any executive orders limiting attendance of and free speech at public meetings within the town.” The trustees called upon each individual business owner to assess his own risk level and willingness to butt heads with the state government.

This is a good start, but county and town governments need to make it clear that they will unite and resist unconstitutional orders against state authorities. We must stop saying things are unconstitutional and then treat them as if they are constitutional. Either “life, liberty, and property” have meaning or not.

To that end, all of the officials in Bargara County, Michigan, a rural area in the Upper Peninsula, united in a letter declaring Governor Whitmer’s orders unconstitutional. The letter, which was posted on County Sheriff Joe Brogan’s Facebook page, noted how the people have not endured such tyranny since the settlement of this continent. “Our citizens’ rights to assemble, to freely practice their religion, to travel, to keep their property, businesses, and jobs, even to dress as they please have all been swept aside, and to what end?” declared the letter, which was signed by the county commissioners, prosecutor, clerk, and treasurer.

The sheriff notes that every state and local official swears an oath to the Constitution. If these measures are not unconstitutional, especially after 10 months of utter failure to even move the needle on taming the spread of the virus, then that document quite clearly has no meaning. “We hereby put the state of Michigan on NOTICE that we have no intention of participating in the unconstitutional destruction of our citizens’ economic security and Liberty,” continued the letter. “We further declare our intention to take no action whatsoever in furtherance of this terribly misguided agenda.”

Another Upper Peninsula county, Delta, passed a resolution supporting the right of businesses to open their establishments. There are a number of cities and counties across the country now considering these resolutions in addition to the nearly one-third of counties that have already declared themselves Second Amendment sanctuaries. is keeping track of these developments.

What ultimately needs to happen is that, pursuant to the doctrine of lesser magistrates, communities work together with all their local officials to actively defend – both legally and morally – business owners who are attacked by state or potentially federal officials. Republicans control 31 state legislatures. They have an obligation to pass sanctuary resolutions statewide. In many of those states they have supermajorities to override the veto of a Democrat or RINO governor.

Every county, state, and federal official swears an oath to uphold the Constitution — the same oath taken by federal judges — no more, no less. In justifying why federal courts should have concurrent (not exclusive, as some erroneously think) jurisdiction over constitutional interpretation instead of upholding even unconstitutional laws passed by the legislature, Justice John Marshall pointed to this very oath. “How immoral to impose it on them if they were to be used as the instruments, and the knowing instruments, for violating what they swear to support!” declared an indignant Marshall in his famous Marbury opinion.

In defense of judicial review, Marshall rhetorically asked, “Why does a judge swear to discharge his duties agreeably to the Constitution of the United States if that Constitution forms no rule for his government? If it is closed upon him and cannot be inspected by him?”

Well, as state officials swear the same oath and wield even more robust power directly affecting the lives of citizens than judges do, don’t they have the same obligation to use their powers to counter illegal executive edicts that impose the most unconstitutional social changes imaginable? Changes to our law and society that violate the foundation of natural law and nature’s God, to whom that oath is directed?

If California and New York were able to offer sanctuary to the most vile criminal aliens – and even criminalize the enforcement of duly passed immigration law – then most certainly red counties and states can and must be sanctuaries for American businessmen, schoolchildren, and the Bill of Rights from the clutches of evil and illegal executive power.

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Horowitz: 7 ways conservatives can fight back at the state and local levels

Everyone is hoping and assuming 2021 will be a better year than 2020. But it will not happen on its own. We must get on the playing field and make it happen.

Assuming Joe Biden is sitting in the White House on January 20, there is little we can do to influence the direction of federal policy in the coming years. And given that too few Republicans in the Senate plan to stand against Biden’s fraudulent election victory this week, we are out of options at the federal level to fight back against voter fraud. Many parts of the country are irrevocably lost, and certain federal policies, particularly foreign policy, are headed down a dark path. But does that mean that in conservative parts of the country, we must submit to unconstitutional tyranny, especially from an illegitimately elected president? Only if we allow it. Now is both the time and the opportunity to fight back.

Republicans control state legislatures in 31 states. They control the trifecta in 24 states plus Kentucky, where there is a Democrat governor but veto-proof GOP majorities in the legislature. Additionally, Trump won the vote in 83% of the counties, and a large portion of them have GOP elected officials or officials who can certainly be influenced and pressured into going along with local popular sentiment. With legislative bodies going back into session this January, now is the time for us to make a stand for freedom throughout the country.

Did New York and California ever cooperate with Trump? Not a chance. They became even more liberal under his tenure and even resisted federal enforcement of the law against foreign criminals who violated federal sovereignty. Why can’t we do the same in the states and counties we supposedly control to at least return to constitutional governance?

To that end, here is a list of seven immediate agenda items for conservatives to focus on at the local and state levels to ensure that at least pockets of this country remain a sanctuary for ordered liberty and constitutional governance.

1) Constitutional sanctuaries against COVID fascism: Conservatives must immediately organize and push for the adoption of a declaration of rights and principles in the county and state legislative bodies over which they wield the most influence to make those jurisdiction sanctuaries against mask mandates, forced business closures, and draconian treatment of children in school. These declarations will affirm our rights to life, liberty, and property, terminate all emergency delegated authority to governors, and use the doctrine of lesser magistrates to fight unconstitutional suspensions of liberties from higher-ups in government.

2)Focus on local offices: Groups of patriots in each county need to assess, communicate with, pressure, and, if need be, recruit against the existing school board members, sheriffs, county judges, county prosecutors, county executives and commissioners. This is where all the power lies. There is no reason why in the 2,000+ counties Trump carried by easy margins that all of the aforementioned officials should not be on the same page to resist state or federal enforcement of unconstitutional lockdowns, mask tyranny, and abuse of our children at school. If not, we should immediately be working on candidates for those offices who share the values that reflect the presidential voting patterns of the county.

3) Immediately primary every lockdown governor: How is someone like Mike DeWine even able to stand for re-election this cycle, given that he has instituted the same lockdown policies as Andrew Cuomo in conservative Ohio? The answer is because we are not doing our job. Governors like DeWine in Ohio, Bill Lee in Tennessee, Brian Kemp in Georgia, Kay Ivey in Alabama, Brad Little in Idaho, Chris Sununu in New Hampshire, Greg Abbott in Texas, and Mark Gordon in Wyoming should easily attract a primary challenge. Trump should be recruited to support and rally for challengers. Why should we only have two anti-lockdown governors (DeSantis and Noem) of the 27 alleged Republican state executives in the country?

4) Vote on anti-crime/anti-riot and pro-self-defense legislation: While our governments took away our liberty with coronafascism in 2020, they also took away our safety by publicly blessing, rather than deterring, BLM and Antifa rioting. Additionally, they have released thousands of criminals, which has, in part, led to the sharpest increase in crime in a generation. Every Republican-controlled state legislature should immediately push legislation toughening sentencing on repeat violent offenders, clamping down on mob violence, and expanding self-defense laws. Ron DeSantis’ anti-rioting bill he plans to propose to the Florida legislature should be a model for two dozen other states.

5) Strengthen election integrity: The first order of business in states Republicans control should be to ban mail-in voting and ballot harvesting. They must make sure all elections are secure. I’ve detailed a list of nine ideas that should be pursued at a minimum. What about the federal courts inevitably inserting themselves into these laws? That leads me to #6.

6) Tell the federal courts to pound sand: If states had the “right” to thwart federal immigration law under Trump, according to these courts, and if they had the right to ignore their own election laws in a presidential election that affects the entire country, then it’s time for states to control areas of law that legitimately fall under their jurisdiction without judicial intervention. After turning down Trump’s lawsuits, the federal courts have forfeited any ability to get involved in election law. Red states need to stand up to them once and for all and teach them that federalism is a two-way street.

7) Block refugee resettlement: If Joe Biden becomes president, he will immediately increase the number of refugees we admit and force them upon the states. Additionally, he will try to resettle more Central American teens who crash our border as refugees. Although states don’t control the visa admission process, refugee resettlement requires state cooperation to place large numbers of refugees in local communities. While Americans are locked down, it makes no sense to admit more people from around the world. If states can welcome illegal aliens, then states can close their doors to the antiquated institution of refugee resettlement.

Notice a pattern? Most of the power on the relevant issues resides in the states where Republicans control a significant amount of power. They make it seem as if the world hinges on a razor-thin RINO majority in the Senate in Washington, yet they refuse to use the power in meaningful ways even when they control all of state government with supermajorities. The same legislatures that declined to challenge the election results refuse to fight on any other issue as well. That can all change if conservatives train their fire on local officials and candidates and fight national issues at the local level.

So, the next time Republicans give the excuse of “but Biden” and “but Pelosi” to justify their inaction on an issue, remember there are two dozen states that should look like a conservative version of California. They have their sanctuary states for tyranny and criminals. We should have ours for ordered liberty and the Constitution.

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NY Democrat introduces bill allowing gov to ‘order the removal,’ detention of people with contagious diseases

New York’s Libertarian Party is speaking out against new legislation that would vastly expand the power of the state’s governor, permitting the detainment of individuals deemed to “pose an imminent and significant threat to the public health” by being a “suspected case, contact or carrier of a contagious disease.”

What does the bill say?

The legislation, recently introduced by New York Assemblyman Noah Nicholas Perry, a Democrat, calls for amending New York public health law to permit the “removal and detention of cases, contacts and carriers who are or may be a danger to public health” upon the governor declaring a public health emergency.

The bill states:

Upon determining by clear and convincing evidence that the health of others is or may be endangered by a case, contact or carrier, or suspected case, contact or carrier of a contagious disease that, in the opinion of the governor, after consultation with the commissioner, may pose an imminent and significant threat to the public health resulting in severe morbidity or high mortality, the governor or his or her delegee, including, but not limited to the commissioner or the heads of local health departments, may order the removal and/or detention of such a person or of a group of such persons by issuing a single order, identifying such persons either by name or by a reasonably specific description of the individuals or group being detained.

The bill goes on to call for the detention of such individuals “in a medical facility or other appropriate facility or premises designated by the governor or his or her delegee” until the government determines the person is no longer a contagious threat.

However, the bill states that “in no event shall any person be detained for more than 60 days without a court order authorizing such detention.”

“The governor or his or her delegee shall seek further court review of such detention within ninety days following the initial court order authorizing detention and thereafter within ninety days of each subsequent court review,” the bill adds.

What was the reaction?

Cody Anderson, chairman of the New York Libertarian Party, denounced the bill as offering a “clear and direct path to unconstitutional and indefinite detainment.”

“Let’s put aside for a moment the egregious privacy violation in issuing an order announcing an individual to be a health risk,” Anderson said.

“No US state was ever meant to have a single person acting as judge and jury, without checks or balances; if this bill is allowed to pass, that is exactly what New York will have,” he added. “We once again demand that legislative leaders be principled when they claim ‘My body, my choice’ — they must not pick and choose.”

Anything else?

In a statement released Sunday, Perry said his bill is receiving unfair criticism. He explained that he initially introduced the legislation during the Ebola scare, and that he does not intend to violate anyone’s constitutional rights.

“There is no intent, no plan, or provisions in my bill to take away, or violate any rights, or liberties that all Americans are entitled to under our Constitution, either state or federal,” Perry said. “A proper reading of the bill would find that significant attention was paid to protect individual rights which could be affected by exercising authority granted in this bill.”

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CBS reporter suggests Mike Pence is a hypocrite for attending rallies. Pence hits back with a reality check about constitutional rights.

Vice President Mike Pence wasn’t having CBS White House correspondent Paula Reid’s lip when she suggested he was a hypocrite for attending campaign rallies amid the COVID-19 pandemic.

What are the details?

During a White House coronavirus task force briefing Friday, Reid said that Pence and the rest of the Trump administration set confusing examples when it comes to being safe during the coronavirus.

“On the campaign,” she began, “it really does sound though like you’re saying ‘Do as we say, not as we do.’ You’re telling people to listen to local officials, but in Tulsa, you defied local health officials to have an event that, even though you say didn’t result in a spike, dozens of Secret Service agents, dozen of campaign staffers are now quarantined after positive tests.”

Reid also pointed to President Donald Trump’s Arizona campaign rally, and questioned the vice president as to how such large rallies would not contribute to additional and unnecessary COVID-19 cases in the country.

Pence, clearly unmoved by Reid’s insinuations of hypocrisy, responded in kind.

“I want to remind you again that the freedom of speech and the right to peacefully assemble is enshrined in the Constitution of the United States,” he said. “Even in a health crisis, the American people don’t forfeit our constitutional rights.”

‘Everyday life is being restored one step, one day at a time.’

He also pointed out the necessity of America to continue business as usual during this 2020 election cycle.

“[I]t’s so important that we recognize, as we issued guidance to reopen America, now two months ago, and as all 50 states are opening up the country, people are going back to work,” he said. “American everyday life is being restored one step, one day at a time. I think it’s important that we remind ourselves this is not a choice between the health of the American people and a strong economy.”

He added that there’s also “profound health implications” to which people under lockdown are continually subjected.

“People need to be back to work. And so, our objective here today is to make sure the American people know in 34 states the cases are largely stable and there’s no combination of rising cases and rising positivity rates,” he said. “That’s a tribute to the American people.”

(H/T: Mediaite)

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‘OVER MY DEAD BODY’: DOJ’s request for new ’emergency powers’ over coronavirus met with swift condemnation

The Justice Department has quietly asked Congress for new “emergency powers” amid the coronavirus outbreak, including the power to ask chief judges to indefinitely detain people without trial.

The DOJ has proposed numerous emergency measures, according to Politico, which obtained and reviewed documents the DOJ sent to lawmakers.

From Politico:

In one of the documents, the department proposed that Congress grant the attorney general power to ask the chief judge of any district court to pause court proceedings “whenever the district court is fully or partially closed by virtue of any natural disaster, civil disobedience, or other emergency situation.”

The proposal would also grant those top judges broad authority to pause court proceedings during emergencies. It would apply to “any statutes or rules of procedure otherwise affecting pre-arrest, post-arrest, pre-trial, trial, and post-trial procedures in criminal and juvenile proceedings and all civil process and proceedings,” according to draft legislative language the department shared with Congress. In making the case for the change, the DOJ document wrote that individual judges can currently pause proceedings during emergencies, but that their proposal would make sure all judges in any particular district could handle emergencies “in a consistent manner.”

As Politico noted, the proposal — which would essentially permit indefinite detention — would likely violate a person’s right to appear before a judge and seek release after being arrested, a constitutional right known as habeas corpus.

Specifically, the Constitution states, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

According to Politico, the DOJ is also asking to “pause the statute of limitations for criminal investigations and civil proceedings during national emergencies” as well as “expand the use of videoconference hearings, and to let some of those hearings happen without defendants’ consent.”

The reported proposals were met with swift bipartisan condemnation.

“OVER MY DEAD BODY,” Sen. Mike Lee (R-Utah) responded. “If this is a joke, it’s not funny. If it’s not a joke, we’ve got much bigger problems. @realDonaldTrump, please refute and disavow this immediately.”

“Two Words: Hell No,” Senate Minority Leader Chuck Schumer (D-N.Y.) responded.

“Congress must loudly reply NO,” Rep. Justin Amash (I-Mich.) responded.

Meanwhile, Rep. Alexandria Ocasio-Cortez (D-N.Y.) called the power grab “abhorrent.”

“There’s a long history in this country and in other countries of using emergencies as times to really start to encroach upon people’s civil rights. And in fact, this is a time when we need them the absolute most,” she said on CNN Sunday. “It does not matter how urgent times are. We have to make sure that we retain our civil rights. And there’s no reason for us to be waiving folks’ civil rights in an emergency.”