The American Conservative Party

The American Conservative Party
To Mirandize or not to Mirandize? That is the question. Print E-mail
Written by Skipper Kagamaster   
Tuesday, 18 May 2010 15:28
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One extreme is calling for limiting Miranda rights for terrorist suspects. The other claims Miranda rights should apply to anyone who runs afoul of our laws; whether in this country or on a foreign battlefield. Oddly enough, in yet another impressive display of White House Amateur Hour, the Obama administration has occupied both sides of the debate. As of the time of this publication, they plan to limit Miranda rights in the case of terrorism (check back next week to see if the flop will flip again).

All of which begs the question: what are Miranda rights, and what are the consequences of limiting or expanding them? For answers, we go to our go-to document; the US Constitution. Specifically, the 5th Amendment:

"No person . . . shall be compelled in any criminal case to be a witness against himself."

This is one of the main purposes of the 5th: to keep the government from fabricating a confession via coercion, torture, or any other nefarious means. The specific policy of "Mirandizing" was brought about in the '60s as a standardised way for law enforcement officers to advise people of their innate rights, and in so doing assure that subsequent confessions would pass muster in a court of law. "Miranda rights" aren't really rights at all. The 5th Amendment outlines the rights, and the process of Mirandizing merely advises a person of their already existent rights so that any confession they make can be used without reservation in a US criminal court.

So, who ought to be Mirandized? If accused of a crime in the US, you are automatically protected by the US Constitution; hence, you are protected by the 5th Amendment provision against self-incrimination. Reading you your Miranda rights protects information gathered during custody that might be used as evidence against you. Mind, it is the information used for trial that is protected by Miranda, not the individual. Not reading someone their rights doesn't make the rights go away, it merely removes credibility from testimonial evidence gathered during custody. That means a terrorist suspect could still be tried for their terrorist acts apart from any intelligence gathered during their incarceration, so long as that intelligence wasn't used against them during their trial.

If they are on a foreign battlefield, they enjoy no such protection. The US Constitution does not apply beyond the borders of the United States.

Maybe President Obama and Attorney General Holder ought to spend more time dissecting their Constitution instead of dismantling it. That way, we wouldn't have to deal with an administration bent on depriving people on US soil of their 5th Amendment rights, nor have to deal with an administration trying to extend those rights to foreign combatants.
 
Is the AZ Immigration Law Racist? Print E-mail
Written by Skipper Kagamaster   
Friday, 14 May 2010 21:13
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We all know that the new immigration law in Arizona (SB1070) is nothing more than a thinly veiled, racist plot to terrorize women and children of Latino descent. Don’t take my word for it; straight from the mouths of our two major parties:

 

“[SB1070] threaten[s] to undermine basic notions of fairness that we cherish as Americans.”

-Pres. Barack Obama (D)

 

“[SB1070] strikes fear in the hearts of many American citizens and legal residents.”

-Rep. Lincoln Diaz-Balart (R)

 

“It is absolutely reminiscent of [the] second class status of Jews in Germany prior to World War II.”

-Rep. Jared Polis (D)

 

“It does offend me that when one out of every three citizens in the state of Arizona are Hispanics, and you have now put a target on the back of one of three citizens.”

-Joe Scarborough (former Republican Congressman turned Commentator)

 

Now, granted; the law is receiving a lot more support from Republicans than Democrats. The Tea Parties have at least convinced a good deal of the Ronnie-come-lately-conservative Republicans to stop their wild spending blitz until we look the other way. Let’s hope that attitude keeps up; but I won’t hold my breath too hard.

 

So, what’s so inflammatory about the bill? Since I’m not a Congressman, I actually read it to find out. Here’s the shocker that’s got everyone so riled up:

 

FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

 

Did I miss something? Looks to me like all it says is State law enforcement, when stopping someone for violating the law, can try to find out the immigration status of the person being stopped. In fact, it looks to be right in line with #2 on the ACP’s immigration plank. That doesn't seem so unreasonable to me.

 

And I'm not alone. According to the Pew Research Center, 73% of Americans are on board with police asking people to produce proof that they're in the country legally. Have we really slipped so far in the public discourse that this is even an issue?

 

Engage in the debate! Discuss this article in the forums.

 
Why the Republican Party isn't cutting it Print E-mail
Written by Butch Porter   
Friday, 09 April 2010 05:14
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Yes, the Republican Party WILL make gains this fall.  In the current environment, it would be virtually impossible for them not to.  But do they really have what it takes?  Witness Rep. Aaron Schock from the Peoria, IL area, hem and haw and show a complete inability to come up with any areas of the Federal Government that we can simply cut.

There are ENTIRE Departments of the Federal Government that could be cut...completely cut.  Thousands of employees put to the work of growing our economy instead of stifling its ability to function.  And one of our most "Conservative" Republican Congressmen cannot think of one agency that could simply disappear.  If THIS is the new leadership that's going to bring us into fiscal sanity, we're doomed. 

UPDATE:

By the way...the punlike nature of the title of this article never occurred to us...really. 

 
Health Care is a Referendum on the two Major Parties Print E-mail
Written by Edward Spears   
Friday, 02 April 2010 02:46
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The recently passed health care legislation and the debate that has surrounded it has been a wake-up call for many Americans. For the first time, many have begun to pay attention to how policy is crafted and how bills get passed. It has also given them a chance to scrutinize the two major political parties who now run our governments. For Americans who hold firmly to their freedom, health care reform should serve as a litmus test issue for how they view the  Democrat and Republican parties.

 

The Democrat Party has made its position on this issue clear for everyone to see. They have planted their flag firmly in the soil of socialism and government control. They have defied the Constitution and the will of a solid majority of Americans by passing this bill and by rejecting individual liberty and the opportunity for free markets to have any part in creating real health care reform.. Time will prove that these new laws will even fail to accomplish their stated goals of reducing costs, lowering deficits, and improving access. In creating these so-called reforms Democrats have chosen to ignore American principles, human nature and basic economic theory, instead opting for policies that, given time, will lead to single payer government-run health care in this country.

 

The Republican Party’s role on this issue is less clearly defined. Yes, congressional Republicans stood in unison at the end and did what they could to derail the passage of this health care monstrosity. They simply did not have the votes to stop the legislation from passing. On this recently passed legislation there was little the Republicans could do, and the weight of this bill rests squarely on the shoulders of Democrats.

 

Having said that, Republicans do not get a free pass on this issue. Republicans must be judged on what they have done in the past and what they will do in the future in regard to health care reform. Their past record is dismal. The GOP’s time in control of Congress and the White House saw few meaningful efforts and no cohesive plan to bring about true health care reform by reducing governmental restrictions and allowing free markets to lower costs and create more access and better care. Only when the Democrats seized control of the issue did Republicans come forth with plausible solutions. Of course at that point, the highly partisan Democrats – despite their claims - were not interested in any alternative proposals.

 

The next test for the Republican Party is what will they do going forward? Will Republicans side with the majority of Americans who reject this legislation and want it repealed and true reform enacted, or will they wither in the face of liberal name-calling and offer only half measures? With the legislation only a little over a week old, it is too early to say what they will do. Some Republican legislators have made bold promises to “repeal and reform” while others have sat quietly or have even begun to backpedal in their opposition. Only time will tell which face of the GOP emerges. Given the party’s track record, it’s difficult to be confident that they will fight this incredible encroachment on freedom with the same level of passion that many Americans share.

 

For Americans who value their freedom and cherish the ideals upon which our country was founded, the choice is clear. This new law must be rolled back completely so that true reforms that will work can be enacted. On this critical issue, the Democrats have already failed the test. Indeed their position on an issue this important has the power to taint local Democrats who have tried for so long to distance themselves from an increasingly left-leaning national party. For the Republicans, this is make-or-break time. The party’s laziness on this issue has helped to bring our country to this point. If they now fail to fight with everything they have to repeal this newly-passed health care legislation, then they will have permanently ceded any claim to represent conservative ideals and constitutional government. If that happens, those who hold the idea of constitutional government dear will be forced to find a new political home. For many of us, that process has already begun, and those who follow are welcome here in the ACP.

 
Virginia Attorney General doing what he promised Print E-mail
Written by Butch Porter   
Wednesday, 24 March 2010 14:32
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In case anyone wasn't clear exactly why the Virginia Conservative Party only endorsed ONE candidate in the Statewide elections in November of 2009, this should help clear it up:

"RICHMOND -- Not five minutes after President Obama signed health-care legislation into law Tuesday, top staff members for Virginia Attorney General Ken Cuccinelli II made their way out of his office, court papers in hand and TV cameras in pursuit, and headed to Richmond's federal courthouse to sue to stop the measure.
"...Although ideologically in line with McDonnell, who was also elected in November and supports Cuccinelli's lawsuit to stop the health-care law, Cuccinelli and his confrontational style could complicate the governor's efforts to rebrand the GOP as inclusive and pragmatic.

"Cuccinelli did not alert McDonnell's office before sending his letter on nondiscrimination policies to colleges and universities, leaving officials to learn of it through a media inquiry. Although McDonnell agreed with Cuccinelli's legal reasoning, protests that followed were a distraction while McDonnell was trying to help legislators adopt a budget and conclude the first legislative session of his term.

"'This back-of-the-hand, gratuitous, finger-in-your-eye, hand-on-the-chest stuff -- people don't feel good about it,' said a senior Republican strategist in Richmond, who spoke on condition of anonymity to avoid creating a rift in the party. 'It's not how you build a broad-based coalition.'"

(2009 Photo By Steve Helber/associated Press)

 

Somehow, the "Republican strategist" interpretation of fulfilling a campaign promise of standing up for the Constitution and protecting the people of the Commonwealth from an overarching and tyrannical Federal Government is "back-of-the-hand" and "gratuitous."  A Conservative Governor, even with an "R" by his name, that has earned the endorsement of the VCP, would be on Fox News, CNN, and MSNBC defending his Attorney General as doing the right thing.  We hate to proven right, in this circumstance, because it gives the media the ability to make this about a personality instead of about the Commonwealth's sovereignty.  

But we were right to support the person who is willing to not only follow the law of his own State, but to stand up and back it up with conviction. We're still waiting on our Governor to do what HE promised: fight to uphold the laws of the United States and the Commonwealth of Virginia.

Sic Semper Tyrannus 

UPDATE AND CLARIFICATION:

One of our members mentioned to me that it look like (from the paragraphs that I highlighted) we're adamantly supporting Cuccinelli's letter to Colleges and Universities. We don't have a position on that really at all, and some of our members are against it.

The focus of the Post article (at least we assume having read the whole article) is the HEALTH CARE bill and the lawsuit against the Federal Government.

There is nothing (as our member pointed out) about the University letter regarding discrimination which "protects us from Federal tyranny." That reference was to the Healthcare lawsuit.  

The post is changing the subject and probably got a strategist to talk about the University letter to make it look like he was talking about the Healthcare lawsuit...very clever.
 
The point still remains, the intent of the "strategist"'s comments notwithstanding, that we're excessively disappointed with a Governor's silence on Cuccinelli's suit with the Federal Government and would expect his keeping his campaign promises by helping the AG fight for our 9th and 10th Amendment rights. 
 


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