Police Arrest ‘Reopen’ Protester; Say Constitutionally Protected Rights ‘Non-Essential’

I wonder how they'd rule on an ol' Two Holer? Essential or not?

I know where I'm placing my bet.........

i dont think the cop understands ,to the goverment protesting is always an non-essential activity.”

To 'most' of .gov it depends on what one is protesting over.

We most likely have the biggest POS governor in the entire country. Dumber then a box of Rocks. Probably has to be dressed and spoon fed .

A little more then 200 covid deaths in a state with 10 million population.

We Virginians say "hold my beer...."

i'm a lot more pissed off about this than most i guess

I can really see where your both are coming from. And Beverly wasn't any Better....

And rightly so!

There needs to be a Section 1983 suit filed against not only the officer, but the Administration.

Ed

200 and counting......

One certainly has the right to protest, but need to stay 6'+ apart. as for re-opening the economy, until an effective vaccine is developed, tested, produced and widely distributed, the risk of re-ignition of Covid-19 is present (do we really want to repeat the past 2 months again?).

pandemic abuses need to stop

i still need to nail down the landowner's permission, but I want to take a nephew-in-law turkey hunting, and i have to drive 200 miles to do so.
the dnr is making some mealy mouth pronounciations about doing so closer to home. They are even amending purchased tags, unheard of, to encourage this practice.

Just a dress rehearsal by the democrats to test the waters and see what people will put up with.

Raleigh-Durham= a Two holer

Jay Inslee certainly would run in that crowd.

This should be a joke. This country will not be able to sustain that long of a wait. You are talking minimum of a year to 18 months. That can't be in any SANE persons thought process.

Clyde

That would play right into the Chic-coms hands.

Southern living.

I guess most of you missed Easter being canceled?

How many e-mails have you, your friends, and family sent to elected officials?

Oh boy,,, you fell for it too.. In 6 months people won’t remember this chit. And vaccine uh ok,,, even if they do come up with one, people won’t get it..

I think this morning NC total confirmed infection rate was .0005%
This will not be "fun" in about 2-3 more weeks.

Oh when they come after my guns and piss on my 2d amendment right I will show them. Pry from my dead cold hands yeah! 2 hours later cops on guys door step, sir we need your firearms. Guy uh ok here they are..

Vaccine already has a name issued by the CDC . . . .Scamdemic-19

For lowly sum of $1000 you can save grandpa joe

why the heck would you want to?...………… Oh! grandpa joe, I thought you said Uncle Joe!

Do you honestly believe this?

Obviously you meant “than” but do you really believe that an incredibly dumb person somehow got himself elected governor of a US state and is pulling off an astonishing power grab that the people of the state are unwilling or unable to stop?

A ruling by SCOTUS had said that the First Amendment right to assemble applied Only to Federal Law in prohibiting the right by Congress in US Vs Cruikshank. The Ruling:

The first amendment to the Constitution prohibits Congress from abridging 'the right of the people to assemble and to petition the government for a redress of grievances.' This, like the other amendments proposed and adopted at the same time, was not intended to limit the powers of the State governments in respect to their own citizens, but to operate upon the National government alone. Barron v. The City of Baltimore, 7 Pet. 250; Lessee of Livingston v. Moore, id. 551; Fox v. Ohio, 5 How. 434; Smith v. Maryland, 18 id. 76; Withers v. Buckley, 20 id. 90; Pervear v. The Commonwealth, 5 Wall. 479; Twitchell v. The Commonwealth, 7 id. 321; Edwards v. Elliott, 21 id. 557. It is now too late to question the correctness of this construction. As was said by the late Chief Justice, in Twitchell v. The Commonwealth, 7 Wall. 325, 'the scope and application of these amendments are no longer subjects of discussion here.' They left the authority of the States just where they found it, and added nothing to the already existing powers of the United States.

According to the ruling the 1st Amendment right to assemble applies only to redress and assembly regarding Federal issues as in the actions of Congress. It gives States the power do do otherwise regarding laws and edicts by the States.

I don't agree with this, as that right precedes the founding as a natural right.

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

From the NC Constitution:

SSE if that Sec.12 is legit ,should be a slam dunk in a legal fight.
I have to wonder though,do the .gov types throw all of the Constitution out the window during a national emergency(or can they)?

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are LIFE, LIBERTYand the pursuit of HAPPINESS.

The USSC can only make an “opinion”. It is up to the people to decide whether they will allow government to actually enslave them.

The right to Life, Liberty, and the pursuit of Happiness…

This unwarranted lockdown, is based on fraudulent numbers, therefore is violating the people’s rights.

The right to petition the government goes all the way back to the Magna Carter 1215 Ch. 61. It did not specify “what level of government”, being the people have the “natural” right to address their grievances against “any” government.

https://www.law.cornell.edu/constitution....

That USSC decision is flawed and unconstitutional, thus rendering it null and void.

The North Carolina citizens should have been better prepared, and stepped out of their cars with LONG GUNS, being the police were traitorous thugs at that point, and had ZERO law supporting their actions.

Their actions also prove these TRAITOROUS thugs will follow orders to take guns if a law were to be passed. They are LOW I.Q. idiots, who can not think for themselves, being they can not comprehend the words of the oath they took.

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

Ring a bell? Anyone? Bueller? Bueller?

AMEN! As worthless and helpless sumbitch that has ever infested Raleigh.

Buckshot to the throats or pelvis

Death by cop?

No all you ph uckers talk a good game until it’s game time and you roll over like a bunch bitches..

“Carolina Cradle”
Settlement of the Northwest Carolina Frontier 1747 – 1762

The “men”, described in that book above, would never have put up with the unconstitutional crap those cops committed, so why does North Carolina put up with it today?

Those traitorous thugs, with badges pinned on their chests, are a disgrace to the badge.

Yep

It is completely silent on States doing the restricting, and the reserve clause in the 10th Amendment gives States the right to enact anything not specifically forbidden by the Constitution. Under this assumption the States can establish State religions, abridge freedom of speech and press, and deny free assembly within the States.

Try it though...LOL.

Here's a hint: Rad the 14th Amendment, salient part quoted in my post above (privileges and immunities clause). That is the vehicle by which states were incorporated into certain restrictions in the Bill of Rights.

He got elected with Voter fraud, very very thin margin. The "Bathroom Law" did in the former republican Governor . I don't think the protests are stopping, he will be a one term governor.

The Due Process clause still doesn't bar States from denying the privileges and immunities by due process within the State. States can enact laws and decrees that deny the privileges, etc. and enforce the procedures by due process.

No,no. Due process is a different thing. It's all wrapped up in, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” (If you read in context it's clear that "the state" means any of the several states.)

The rights embodied within the Bill of Rights are generally found to be within the privileges and immunities" stated in the 14th Amendment (on a case by case basis, can't think of an exception). Second Amendment for example Hence the Court held that state lav cannot be violative of the right to keep and bear arms..

Doesn't hold water.

As to the Second Amendment, it IS a right enumerated and for all citizens by the Constitution, so using 2A as your argument is specious.

It does state that States can deprive with due process. It also fails to define "privileges and immunities"

"shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law".

14A has been interpreted to go far beyond the script, and I'm not complaining.

Jesus ph uck... are you lawyer?? Or just play one on 24 Hourcampfire?

So a state can enact a law depriving a non resident due process?

Where are you finding this chit? You gone off your rockers..

Have you ever read the whole Constitution? A truly strict reading might surprise you.

It's been so hashed and re-hashed all to h@ll over its life that what we think it says sometimes is a bit different.

BTW, don't tell me when I have to pick up my marbles and leave.

Everything I've said has been argued in the SCOTUS. Not all of my arguments have prevailed.

They're calling this virus SARS Cov2. SARS cov (the first one, from 2003) still doesn't have a vaccine.

nighthawk,

I have to tip my hat to you.

You can’t possibly be this stupid. Do you really think we will be able to do this for the next 18 months and still function as a society. Most people cannot fathom the amount of damage that is currently being done to our culture and economy. We have fought wars and lost hundreds of thousands of souls that had we not fought would be far less damaging than what we are currently experiencing. Get a fugging brain and perhaps your first clue.

I'd send Ernest T. Bass up to Raleigh and git it settled right now.

So to cases. Gitlow v. New York was a seminal case on incorporation. Here's a good article: The First Amendment Encyclopedi

From the article:
In doing so, however, the Court identified free speech and press as “among the fundamental personal rights and ‘liberties protected by the due process clause of the Fourteenth Amendment from impairment by the States.” The Gitlow decision marks the beginning of the incorporation doctrine, which extended the scope of speech rights and, later, most of the Bill of Rights."

So apparently they did use due process but first they would have had to find free speech, et al. to be a fundamental. personal right and apply the privileges and immunity clause to bring it within the ambit of the due process clause Or so I would argue. (In my defense it's been well over 25 years since I've read Gitlow And incorporation was blackletter law even then.)

Ask Colorado what happened when they told that baker he had to bake that cake for same sex marriage.. I’m pretty sure states don’t have as much authority/power as you think. Start [bleep] with the 1st amendment you are asking for trouble.. just because you read the constitution doesn’t make you a constitution lawyer.. hell ted bundy studied law for a few semesters look where that got him..

Colorado didn't proceed within their own guidelines. From the Justia syllabus:" The State’s interest could have been weighed against Phillips’ sincere religious objections in a way consistent with the requisite religious neutrality that must be strictly observed." Justia

Different result if they had followed their own rules? Your crystal ball is as good as mine. (crystal ball - always sounded like a prosthetic device in a bad joke to me.)