CONGRESS WANTS TO STRIPSEARCH KIDS?
NewsWithViews.com | September 28, 2006
By Devvy Kidd
"It is important to strengthen the State governments; and as this cannot be done by any change in the Federal Constitution (for the preservation of that is all we need contend for), it must be done by the States themselves, erecting such barriers at the constitutional line as cannot be surmounted either by themselves of by the General Government. The only barrier in their power is a wise government. A weak one will lose ground in every contest." --Thomas Jefferson to Archibald Stuart, 1791. ME 8:276
Last week the tyrants in the House of Representatives passed yet more unconstitutional legislation: an anti-drug and anti-weapon law which would mandate school districts formulate policies for searches - including strip searches, but would immunize teachers and staff against prosecution. Should the schools refuse to perform under this unconstitutional bill they would be denied unconstitutional federal funding. The bill number is HR 5295. This 'Student and Teacher Safety Act' is the abomination of another flaky Congress critter, Rep. Geoff Davis out of Kentucky. Apparently Davis has never read Art. 1, Sec. 8 of the U.S. Constitution. There is no constitutional authority for the federal government to legislate in the area of education and there certainly is no constitutional authority to rob the public treasury to fund that cabinet. The Federal Department of Education is and always has been unconstitutional because educating the citizens (children or adults) of each state of the Union, which includes any policies formulated for searches of students or their property, is the domain of state governments, not the federal beast; see here.
Don't you love the fact that Davis made teachers and staff immune against prosecution? Davis also hasn't read many U.S. Supreme Court cases either or he would realize his bill won't survive a constitutional challenge should, God forbid, it ever becomes a law. Let's look at the Lopez v. United States decision which involved a gun brought into a school "zone." Before the mush heads whoosh their collective gasps, American school children used to bring guns to schools until the late 60s without inciting violence or for the purpose of conducting mayhem against society. The Lopez decision is very important because the U.S. Supreme Court slapped down these power mongers in Congress for over stepping their legislative authority; Chief Justice Rehnquist delivered the opinion of the Court.
The government tried to anchor their position in the Lopez case using the Commerce Clause:
"The Government's essential contention, in fine, is that we may determine here that §922(q) is valid because possession of a firearm in a local school zone does indeed substantially affect interstate commerce. Brief for United States 17. The Government argues that possession of a firearm in a school zone may result in violent crime and that violent crime can be expected to affect the functioning of the national economy in two ways. First, the costs of violent crime are substantial, and, through the mechanism of insurance, those costs are spread throughout the population. See United States v. Evans, 928 F. 2d 858, 862 (CA9 1991). Second, violent crime reduces the willingness of individuals to travel to areas within the country that are perceived to be unsafe. Cf. Heart of Atlanta Motel, 379 U. S., at 253. The Government also argues that the presence of guns in schools poses a substantial threat to the educational process by threatening the learning environment. A handicapped educational process, in turn, will result in a less productive citizenry. That, in turn, would have an adverse effect on the Nation's economic well being. As a result, the Government argues that Congress could rationally have concluded that §922(q) substantially affects interstate commerce."
What bilge. Violent children are a product of their environment and upbringing at home. When the Communist/Democratic Party took power for 40 years before the phony "Republican Revolution" in 1994, the push was on to indoctrinate America's children into accepting the fatal communitarian ideology and lure my parent's generation and the baby boomer crowd onto government programs that would enslave and bankrupt them at the same time. The GOP lapdogs in power since 1995 have simply continued the agenda. For over 200 years, children brought guns to schools for shooting and target practice for competition. It wasn't until America's moral base began to crumble in the mid-60s that the busy biddies and sissy men, in and out of public office, decided guns should be banned from schools.
In Lopez, Rehnquist went on to say:
In the Gun Free School Zones Act of 1990, Congress made it a federal offense "for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone." 18 U.S.C. § 922(q)(1)(A) (1988 ed., Supp. V).
"The Act neither regulates a commercial activity nor contains a requirement that the possession be connected in any way to interstate commerce. We hold that the Act exceeds the authority of Congress "[to] regulate Commerce . . . among the several States . . . ." U. S. Const., Art. I, §8, cl. 3"
I encourage you to read the court's decision because you will learn what deliberately isn't being taught in the government's indoctrination centers they call public schools. I also encourage you to get my One for the Road CDs and learn as I have been over the past 16 years about the mechanisms destroying this country, who is the real power and solutions. The full menu of subjects for all three volumes is found here. Make as many copies as you want and give them to friends, family members and business colleagues. Vol. III is now available. Knowledge truly is power.
As for the constitutionally challenged Geoff Davis, this bill of his that just passed the House of Horrors is just another distraction which will end up pitting the "left" against the "right" while America continues down the road to utter collapse. It's all in the game.
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