The Ice Blog

by Ice

Immunity?

U.S. Supreme Court

OWEN v. CITY OF INDEPENDENCE, 445 U.S. 622 (1980)

445 U.S. 622

OWEN v. CITY OF INDEPENDENCE, MISSOURI, ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT.

No. 78-1779.

Argued January 8, 1980.
Decided April 16, 1980.

 Held:

A municipality has no immunity from liability under 1983 flowing from its constitutional violations and may not assert the good faith of its officers as a defense to such liability. Pp. 635-658.

While reading the above, Owen v. City of Independence, I ran across a footnote that I found particularly interesting.

The footnote indicates that all public servants, elected or appointed, are liable for error when violating a citizens rights under Federal Law. Here, in Footnote 25, we have a unique opinion that makes even LEGISLATORS liable.

[Footnote 25] See, e. g., Globe 305 (remarks of Rep. Arthur) (“But if the Legislature enacts a law, if the Governor enforces it, if the judge upon the bench renders a judgment, if the sheriff levy an execution, execute a writ, serve a summons, or make an arrest, all acting under a solemn, official oath, [445 U.S. 622, 644]   though as pure in duty as a saint and as immaculate as a seraph, for a mere error in judgment, they are liable. . .”); id., at 385 (remarks of Rep. Lewis); Globe App. 217 (remarks of Sen. Thurman).

Do you see it? “But if the Legislature enacts a law…” and all that follows… “THEY ARE LIABLE.”

Here is a remedy for every bad law, every encroachment made and liberty stolen. If we hold them liable for what they have done and seek restitution … we may be able to roll back their ever advancing infringement on our rights which are guaranteed by the Supreme Law of the Land: The Constitution.

The public servants that believe they have immunity because they are following some “law” or “regulation” need to be put on notice that there is no such immunity for their error. This can be an important part of our arsenal in the protection of our Liberty. But I believe this process would hinge on specific use of the Constitution and the Bill of Rights. It would be essential to include all pertinent writings regarding the intent of the founders for the particular right protected in order to establish without doubt that the Federally Protected Right has been violated.

Can State Representatives be held liable for violation of rights protected under Federal Law (the Constitution)? Why not? Could we not hold all responsible and file claim seeking remedy? Could a single case filed against a State Representative result in a recall with a special election? The possibilities are endless.

It is my belief that this could be a greater weapon when used LOCALLY to keep city, town and county public servants in line with the Constitution. As this remedy may be applied much easier locally and as it gains momentum it can then be applied to State officials. But this can be used immediately and effectively in all situations involving Law Enforcement Officers.

Your comments and ideas are appreciated.

March 31, 2013 Posted by | Bill of Rights, Constitution, Federal Tort Claims Act, Government, Law, Legal Liability, Legislation, Liberty, Limited Federal Government, Remedy, Supreme Court of the United States | , , , , , , , | Leave a comment

Piers Doesn’t Report Correct Stats

In the gun control debate there is one particularly annoying thing the pro gun control lobbyists are very good at doing: citing statistics and giving no reference for them. Piers Morgan has made a huge deal about the crime rate in America but fails to mention that crime has dropped by 50% from 2009 to 2011. Meanwhile, in the U.K., where they have strict gun control (NO GUNS!!), the violent crime rate is rising off the charts.

Of course, there are other annoying things the pro gun controllers do, such as using the term “assault” weapon for small caliber, single shot weapons. But let us address the important topic of Crime Rates to show that as private gun ownership rises – crime rates fall.

Watch this and check the numbers:

January 24, 2013 Posted by | 2nd Amendment, Bill of Rights, Crime Statistics, Gun Control, Liberty, Piers Morgan, Tyranny, Violent Crime | , , , , , , | Leave a comment

Did Obama’s Statement Support the 2nd Amendment?

Obama’s recent statement that AK-47’s belong on the battlefield demonstrates his SUPPORT for the 2nd Amendment and Americans right to purchase and own such weapons.  At this point you are thinking: “This dude is crazy!”  Allow me to ‘splain:

In a commentary posted by John Whitehead back in Dec. of 2011 he states:

“As Senator Lindsay Graham recently remarked as an explanation for his support of legislation allowing for the indefinite detention of Americans, “Is the homeland the battlefield? You better believe it is the battlefield.”

America has indeed become the new battleground in the war on terror. In light of this, you can rest assured that there will be no restoration of the civil liberties jeopardized by the USA Patriot Act and other equally subversive legislation. Instead, those in power will continue to sanction ongoing violations of our rights, relying on bureaucratic legalese to sidestep any concerns that might be raised. The National Defense Authorization Act of 2012, which was passed by the Senate with a vote of 93 – 7, is a perfect example of this. Contained within this massive defense bill is a provision crafted by Democrat Charles Levin and Republican John McCain which mandates that anyone suspected of terrorism against the United States be held in military custody indefinitely. This provision extends to American citizens on American territory.”
www.rutherford.org

An article published at RT in Nov. of 2011 makes the same point: America is now the battlefield.

“The United States Senate is set to vote this week on a bill that would categorize the entire USA as a “battlefield,” allowing law enforcement duties to be dished out by the American Military, who in turn could detain any US citizen as a war criminal — even coming into their own homes to issue arrests.

The National Defense Authorization Act regularly comes before Congress for changes and additions, but the latest provision, S. 1867, proves to be the most powerful one yet in raping constitutional freedoms from Americans. Move over, Patriot Act. Should S. 1867 pass, lawmakers could conjure the text to keep even regular citizens detained indefinitely by their own military.

Sen. Lindsey Graham (R-S.C.), a supporter of the bill, has explicitly stated that the passing of S. 1867 would “basically say in law for the first time that the homeland is part of the battlefield” and could lead to the detention of citizens without charge or trial, writes Chris Anders of the American Civil Liberties Union’s Washington office.

Sen. Kelly Ayotte (R-N.H) sits on the same side of the aisle and agrees wholeheartedly. “America is part of the battlefield,” says the lawmaker.

America’s Military is already operating in roughly 200 countries, dishing out detention and executions to citizens of other nations. As unrest erupts on the country’s own soil amid a recession, economic collapse and protests in hundreds of cities from coast-to-coast, is it that much of a surprise that lawmakers finally want to declare the US a warzone?”
RT.com

 Yes, America has become the battlefield.  And Obama’s statement that such weapons belong on the battlefield should be taken as a warning to all Americans to do whatever necessary to retain their right to bear arms. AMERICA IS THE BATTLEFIELD. We have heard this from our own legislators and it is demonstrated by their actions. Therefore, Obama’s statement that weapons such as the AK-47 belong on the battlefield may be taken as his support for the right of the people to bear arms and maybe as a call to arms.

 

 

July 26, 2012 Posted by | 2nd Amendment, Battlefield, Bill of Rights, Gun Control, Gun Laws, Guns, National Defense Authorization Act, NDAA, Obama, President, Terrorism, War | , , , , , , , , | Leave a comment

Are You Listening Yet?

The next step is to just kill off the detained because the nation is broke and can’t afford to support all the people it will detain.  They won’t offer any excuse or explanation. They’ll just do it. Every Senator that votes to pass this legislation commits treason against the Constitution, the Republic and You.

November 30, 2011 Posted by | Bill of Rights, Concentration Camps, Constitution, DHS, Dictator, End of America, Freedom, Genocide, Government, Homeland Security, Legislation, Liberty, National Defense Authorization Act, NDAA, Police State, Politics, Senate, State Sovereignty, States Rights, Terrorism, Traitors, Tyranny, World Government | , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Fight the Good Fight

By Ice
May 19, 2010

There is a certain segment of the patriot community that consistently harps the chorus that we cannot change our system of government because the system is not the original intention of the founders of this free Republic. They chant that the system was hi-jacked and changed. My personal argument against their despairing outlook is that if the system were hi-jacked once it can be hi-jacked again … by us.

Of course, this is met with more despairing arguments such as the systems use of fraud during the election cycle and the vast amounts of money used to target the millions of malleable Americans which, even though disgusted and angry with the current state of affairs, are still unaware of the cold hard facts, the cause of these problems and the undeniable solutions.

As these disenchanted patriots move further away from the problems we face by disassociating themselves with the current form of government by use of various “paytriot” processes, there are many of us that have put on our gloves and jumped into the ring.

Through organizations like The Bill of Rights Defense Committee, The Tenth Amendment Center and the Tea Party we have been making excellent strides. These victories are not only becoming numerous but as visible as highlighted text. The writing is on the wall for the “establishment”.

Note the recent victories at the ballot box during this primary cycle:

Good Bye Arlen Specter! The fourth Democrat to lose a high profile race.  And this loss comes in spite of his attempt to ride the Obama wave of popularity by changing parties in order to retain power.

Hello Rand Paul! And he is just one of many constitutionalist “Statesmen” that have joined the fray.  A sound victory with more than 60% of the vote spells trouble for the status quo.  The fact that Obama and his left leaning policies are not so well loved in Kentucky would make it appear to be an insurmountable task to stop Dr. Pauls march to the Senate.

As intended, there will be sweeping changes in the bodies that occupy both Houses… regardless of the money or fraud the “old guard” devotes to their efforts to retain the status quo. The “Obama” factor has become a liability as his popularity may not even be close to the numbers promoted by his adoring, boot licking media mouth pieces.

All the good news from the primary elections is just a small part of the battle.  States are beginning to find their spine and are ready to stand on their own, making the hard choices and accepting the responsibility to deal with the burden and problems characteristic of those choices. Many local communities, Counties and States have passed legislation barring the enforcement of the Patriot Act, any amendments thereof and certain Executive Orders.

The ongoing efforts of the several states flexing their muscle include not only the “10th Amendment” legislation being passed in State Houses but also legislation designed to nullify the usurpation of State power by the federal government. Current nullification efforts include: Firearms Freedom Act, Medical Marijuana LawsREAL ID, Health Care Freedom Act, Bring the Guard Home, Constitutional Tender, Cap and Trade, Federal Tax Funds Act, Sheriffs First Legislation, Federal Gun Laws, and Regulation of Intrastate Commerce.

The battle for Freedom and visible change in the political landscape continue in spite of the efforts of certain groups to bolster their numbers with insistent argument that participation in the “system” is futile.  History is being made and these people will never be able to say they were a part of it. While others take to the work they stand on the sidelines believing the fairy tale that “if” they could swell their numbers they “might” be able to “apply pressure” that would  bring about the desired change. (Note to those that have made this argument: After reading your argument here, doesn’t it sound a bit foolish?)

Personally, I believe these groups to be dead on regarding specific issues but totally disagree that participation in efforts to retake the government are futile. It is my belief that if the States really want to demonstrate the true extent of their power they should deny the Federal Government one of these powers. That power would be the right to issue a Passport.  By reclaiming this specific right the States would be making the strongest demonstration of their Sovereignty that could possibly be made. And for those of you that do not believe the several states have the right to issue Passports I would say to you that you are ignorant of the form of government we live under. When I see a serious effort to promote the reclaiming of this rightful power by the several states begin in earnest… I will be one of the first on board.

But Please … don’t ever tell me that participation in these efforts to retake our government are an effort in futility.  Join us. Fight the Good Fight.

May 19, 2010 Posted by | 10th Amendment, Bill of Rights, Congress, Government, Legislation, Limited Federal Government, Local Activism, nullification, Politics, Senate, Sovereignty, State Sovereignty, States Rights, Vote, Voters | , , , , , , , , , , , , , , | 2 Comments

PTSD, Meds, and the Back Door Gun Ban

November 14, 2009 Posted by | 2nd Amendment, Bill of Rights, Constitution, Government, Gun Control, Health, Legislation, Liberty, Medicine, Mental Illness, Politics, Psychiatry, Psychology, PTSD | , , , , , , , , , , , , | 2 Comments

21st Century Traitors

From “hijackednation” at YouTube:

21st Century Traitors

You think you live in a “free” nation??  Think again…

Legal Child Kidnapping:

Visit “hijackednation” at YouTube.

July 18, 2009 Posted by | Bill of Rights, Constitution, End of America, Fraud, Freedom, Government, Law, Legislation, Liberty, Limited Federal Government, Martial Law, New World Order, Police State, Politics, Protests, Statutes, Terrorism, Traitors, Tyranny, Uncategorized | , , , , , , , , , , , , , | Leave a comment

“We The People” Stimulus Package

Bob Basso author of “Common Sense” plays the role of Thomas Paine to ignite the fire of change in America. Patriotism and Pride for America lead Thomas Paine to help take back America!


July 17, 2009 Posted by | auto industry, Bailout, Bill of Rights, Congress, Constitution, Deficit, Deficit Spending, Economy, Elections, End of America, End the Fed, Federal Reserve, Foreign Policy, Fraud, Freedom, Government, Inflation, Legislation, Liberty, Limited Federal Government, Lobby, New World Order, Politics, Protests, Senate, Sovereignty, States Rights, Statutes, Tax, Taxation, Taxpayer, Traitors, Tyranny, United Nations | , , , , , , , , , , , , , , , , , , , , | Leave a comment

Ron Paul Presents “Power to the Jury”

In this OLD TV SHOW “At Issue” (from The National Endowment For Liberty), Ron Paul is joined by a panel of experts to discuss the power of the jury and to expose the Judge’s dirty little secret.

“Jury Nullification” is the power of the Jury to overturn bad laws (of which, we have MANY). It is an important tool guaranteed to citizens serving on jury duty. Jury nullification enables us to declare laws unjust, if we are so inclined.

Most Judges do not want you to know about this power. Juries are only told they can rule “guilty” or “not guilty.” They are never told of their third option, “the law is bad.”

Shame on bad Judges covering up this power and the corrupt system which allow these arrogant Judges to remain on the bench.

Learn your rights and DO NOT try to get out of jury duty.

As citizens we only have two real powers to keep the Gov’t in check:
1) The power to vote
2) The power of the jury

Your rights: Use them or loose them. With rumors of the American Bar Association working to eliminate juries in the future. And with the PROVEN vulnerability of the electronic voting machines, what voice will we have left? Welcome to Slavery, population: YOU!

Part 1

Part 2

Part 3

May 31, 2009 Posted by | Bill of Rights, Constitution, Court, Jury, Jury Nullification, Law, Ron Paul | , , , , , | Leave a comment

Cyber Security Act

April 28, 2009 – by Donny Shaw

“America’s vulnerability to massive cyber crime, global cyber espionage, and cyber attacks has emerged as one of the most urgent national security problems facing our country today,” says Sen. Olympia Snowe [R, ME]. “If we fail to take swift action, we, regrettably, risk a cyber-Katrina.”

To deal with the issue, she has teamed up with Sen. Jay Rockefeller [D, WV] (pictured) and introduced into Congress the Cybersecurity Act of 2009. Since it’s introduction on April 1st, it has moved up the OpenCongress most-viewed bills list into the top five, and here’s why: it would give the President unilateral authority to shut down the internet.

This article is a must read for all those concerned about their privacy!!

See it Here.

April 29, 2009 Posted by | Bill of Rights, End of America, First Amendment, Free Speech, Freedom, Government, Homeland Security, Law, Legislation, Liberty, Limited Federal Government, New World Order, Police State, President, Privacy, Spying, Tyranny | , , , , , , , , , , , , | Leave a comment

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