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Archive for the Constitutional Law Category

If the State cheats, they should lose.

Our Founding Fathers were criminals.  At least that’s the way the British Government saw them.  That’s why we have certain Cardinal Rules in the world of Criminal Law.

Should criminal defendants get off due to “technicalities”?  Well, it depends.  If by “technicality” you mean The Constitution and the Bill of Rights, I think we would all agree that those still need to be followed, as well as the case law based on them.

Recently, the US Supreme Court said just that.  The DA’s did not give the defense everything they were supposed to, so the conviction was overturned.  If the DA, who already has all the resources of the state and often federal government, has to hide evidence to win, there’s significant issues with the case.

Every free American should fear “law enforcement” that believes its “above the law”.  Our Founding Fathers knew that fear all too well.

The hiring and firing of “ministers” - Hosanna-Tabor v/ EEOC

A teacher at a private Christian school was fired.  She sued.  The school and church that were involved defended the matter with the assertion that she was, in fact a “minister”.  The church and school won on 1st Amendment grounds.

The court stated:
“Requiring a church to accept or retain an unwanted minister, or punishing a church for failing to do so, intrudes upon more than a mere employment decision. Such action interferes with the internal governance of the church, depriving the church of control over the selection of those who will personify its beliefs. By imposing an unwanted minister, the state infringes the Free Exercise Clause, which protects a religious group’s right to shape its own faith and mission through its appointments. According the state the power to determine which individuals will minister to the faithful also violates the Establishment Clause, which prohibits government involvement in such ecclesiastical decisions.”

It’s good to see that the Constitution and the Bill of Rights are still followed by the Supreme Court.

Church Planting

So Callie and I are a part of a “church plant”.  I have looked into doing this in the past, but this is the first time for it to actually come about.

The church is located on the north side of Nashville in Goodlettsville Tennessee.  The web site is www.run2refuge.com.  The services are 5pm on Saturday, yes Saturday nights.

The goal of what we are trying to do is reach a group that other churches aren’t reaching.  We are trying to reach those that are either completely unchurched and those that are burned/disoriented/sick of traditional “churchianity” but still find themselves reaching out to God.

You can also check us out on facebook.

Is the National Day of Prayer Constitutional?

Absolutely!  Check out the ADF’s statement regarding the it.  This Freedom From Religion agenda is just ridiculous.  Filing suit because you may see someone pray or see a cross is just crazy.  Everyone’s freedom is under attack from this agenda that even has “Freedom” in its name.

Bullying in our schools.

It used to be that bullying in schools had to do with bigger kids picking on smaller ones.  While that still goes on, a bigger bully has slowly crept into our schools.  Groups like the ACLU have been making strides to get deeper and deeper into our schools in the name of liberty.  However, what they have actually done is turned our school systems into censorship boards for religious speech.  Here’s a good article that discusses this point further.

Recently, I met with a group of Christians dealing with this issue.  The ACLU filed suit over a student praying and Bibles being passed out at schoolsOh the humanity!! Now with all that goes on in kids lives, is this what they think they should put their time and effort into?  Ridiculous!  Anyway, the result of that case now has the school system scared to allow the students and teachers to have their constitutionally protected free speech.  Why?  Not because the school actually agrees with the ACLU, but because they are scared of them.

What do we do with bullies?  We stand up to them.  Groups like the ADF, Liberty Counsel and the ACLJ do it all the time.  Don’t fear the ACLU, if you have an issue like this get a God fearing attorney to stand with you (yes, they really do exist)!

What to do in a crisis pregnancy situation?

Right now, you are probably overwhelmed with feelings and emotions.  How will this change my life?  What will people think?  How am I going to tell my parents or friends or husband (who is not the father)?

Stop.  Take a deep breath.  Believe it or not, it will be okay.  Every child is a blessing.  That child is a gift from God, whether you believe it or not.  You essentially have three options, one of which is terrible.  They are:

  • Parenting the child: Regardless of your situation, this is difficult, but generally you can do it.  If you choose to take this route, find a support network to surround yourself with and DO NOT BE AFRAID to ask for their help.  Find an accepting church.  Find your local crisis pregnancy center.  Let them help you.  God will lead you through this.  Let Him bless you in this, even though it is never easy.
  • Adoption:  As an attorney I get to share in the joy of this with people.  This allows for the child to go to a loving and nurturing home, if you can’t provide that.  You can also arrange it so that you see the child, so the child is not completely removed from your life. Statistically there are more qualified families looking for babies than there are babies for adoption in the US, so the child will find a good placement.
  • Abortion:  Its murder, plain and simple.  The fetus is alive at the point of conception, which is well before the mother realizes she is pregnant.  A fetus is not just a blob of tissue, as abortion advocates would like for you to believe.  Whether an abortionist chooses the surgical methods, which brutally dismember the child, or the chemical methods, which callously starve the child, it is still the taking of your baby’s life.  The Roe case, which brought about all the abortion clinics and alleged “rights”, was based on lies and it is unfortunate that those lies still impact so many lives today.  If you are considering this option or are being pressured into this option, find a local crisis pregnancy center.  They live to help women in your situation.

I hope and pray that this will help you in your tough situation.  Furthermore, my office is always happy to assist you in dealing with the options above.  Be brave and don’t let others twist your arm and coerce you into doing something you don’t want to do.

See you at the pole!

It’s funny to me that there are those who want us, the tax paying public, to pay for public schools, whether we use them or not, but then when we want to pray over what we’ve paid for, they get all in a fuss.  Here’s the latest article in the Tennessean regarding the Wilson County, Tennessee “See You at the Pole” case.  Nate Kellum is the Alliance Defense Fund attorney who is heading up the case.  Nate’s a great guy and I’m proud of the fact that he gets to take on the American Civil Liberties Union, who has apparently decided to take on the mantle of the “Antichrist”.

Sotomayor v. Ricci

Should the Ricci ruling have an impact on Judge Sotomayor’s confirmation hearings? Absolutely!  This case, despite what the main stream media says, is not white vs minorities.  This case was brought by 17 whites and a Hispanic.  Should that make a difference?  Well, when your argument is that the test should be thrown out because its designed so minorities can’t pass it, and the whole time, a minority has passed it, you’ve got a problem.

Do I think the court got this one right? Absolutely!  We are never going to get past racism in this country, if minority groups keep raising the “race card”.  Especially when it’s in reference to their abilities based SOLELY on race (or sex for that matter).  Unfortunately, Judge Sotomayor has made this comment as well, by referring to her superior judgment as a Latina woman on several occasions.  So, its really no surprise she ruled the way she did on this case.

I’ll just take the title of “American” thank you. I’m glad the American firefighters, who worked so hard for their grade on the test, get credit for what they did.

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