The Patriot Journal is a conservative blog created to articulate the principles of the founders as they apply to modern events, and to educate and encourage fellow Patriots. You can e-mail me at
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"
I am going to explain the 4th Amendment, and how it is being violated by the federal government as we speak.
Our privacy is not to be violated by any government entity under any circumstances unless, the government can convince a judge that a crime has or is about to be committed. This is called "probable cause". After probable cause is established, the government then is compelled to list specifically what they are looking for before they can search. If it is listening to phone conversations that is fine, but everything must be listed and approved by warrant issued by a judge.
I don't want to get too far into the weeds but some history is required relating to our current crisis.
In the late 70's Congress passed a law called the Foreign Intelligence Security Act. This law was passed because of concern that the Fourth Amendment was being violated collecting information in the U.S. in the name of national security. Most people have never heard of this law I have come to see.
The Chief Justice of the Supreme Court was authorized to establish a special court so to speak with federal judges sitting on a panel reviewing these types of warrants. These are called FISA courts. They are ready at any time to hear a case because in the interest of national security, speed is crucial.
The Patriot Act is only famous because the democrats didn't do it. It expanded the length of time a warrant lasted and expanded the amount of judges allowed to hear these cases, again for brevity.
That said, these warrants can only be issued if the communication or information gathered is related to foreigners and or U.S. citizens involved in criminal activity involving national security. They are both very strict and do adhere to the Fourth Amendment.
The democrats raised a huge protest to the Patriot Act, but it was all political theater, because what they didn't tell you was that it was the them who created the FISA system in the first place. The Patriot Act only extended the length of time one of these warrants lasted, necessary because sometimes terrorist plots take a lot of time and planning and the intel usually reveals other plots. The government still had to produce probable cause and still to had list what and whom they were listening to specifically.
For example, if one of your family members lived at your house and was involved with overseas or domestic terrorists and used your phone to conduct terrorist business, only THEIR words could be recorded or kept on file for future prosecution or action. You talking to Aunt Milly could not even be recorded or kept in files. In fact the recording equipment must be shut off, and certainly no one in government had better get caught with anything other than evidence pertaining to criminal activity authorized in the warrant or they would face prosecution themselves. This was to prevent people from abusing it and spying on enemies.
I find no problem with the Patriot Act or the FISA Act. What I do have a problem with is the wholesale collection of data, to be searched and sifted through for a crime. This is what the Obama controlled intelligence service the NSA has been doing.
If the police are searching your house with a warrant looking for a shotgun used in a murder lets say, they cannot open up pill bottles where a shotgun would not fit and charge you with possession of drugs that were found there. That is a violation of the Fourth Amendment. When you hear that a criminal was let go on a "technicality", this is usually why, because the Fourth Amendment was violated.
What Obama and his cronies are doing is bypassing the law and collecting bulk records from private companies that could include all of us. They are doing this to collect information on their enemies. Plain and simple. It has been whistleblown, and proven true by Eric Snowden.
Eric Holder authorized a warrant request that was of false probable cause in reference to a FOXNews reporter pertaining to a supposed leak of classified information. Of course it was bogus and there was no leaker funneling information to the reporter because no one was prosecuted for leaking and the reporter was not charged with obstructing justice. However, Eric Holder was able to collect information about the reporter and that was a violation of his Fourth Amendment rights. The same thing happened to the Associated Press on a much larger scale.
This was done to gain political advantage. They want to find individuals who are giving out any information about the Obama Administration that could hurt them and catch them in scandals like they are in now. If they know who is telling reporters of their scandals, they can retaliate in other ways like sicking the IRS on them, etc. Do you understand now?
These are the same types of the things the burglars were doing at the democrat offices in the Watergate complex. The democrats raised holy hell over that and President Nixon resigned and rightly so. Do you think Obama will resign? Not on your life.
All of our Fourth Amendment rights were violated, but I predict not a thing will be done about it in Washington.
Yesterday, I had a running argument with a couple of leftists on twitter. Through all the name calling, and running on about how they were of superior intellect blah blah blah, I was educating them about the Constitution. They of course refused to acknowledge the Constitution was created to protect the people from a centralized government. Then, they kept telling me the Supreme Court had the final say on everything, and whatever they decided was final. Giving examples of case law where the Supreme Court was unconstitutionally wrong ie: Dred Scott and Plessy v Ferguson etc had no effect on them either.
Then again we're talking about people who think they are geniuses but are clearly not given their political bent.
The truth these, and every other leftist refuses to accept is that the Supreme Court does not have the final say on everything. If that were true, why create the other two branches? If the Supreme Court was constitutionally able to do what they have been doing, Congress would never have existed and the Supreme Court would have been a ruling council. The purpose of the Supreme Court is to uphold the INTENT of the Constitution as enumerated. Nothing more! They do not have the power to create law with rulings. They are not a star chamber. They are not a politburo!
They are supposed to be a wall of protection from unconstitutional laws passed by Congress, and unconstitutional enforcement from the executive branch. Plain and simple. They are also only allowed to rule on constitutional law.
The only way for the Supreme Court to interpret law is from the INTENT of the law enumerated in the Constitution. Enumerated means listed in Article 1 Section 8, and the Bill of Rights, in the Amendments section. The Constitution is simple, and not surreptitious or coded in the least. In fact, the Founders went out of their way to explain their INTENT with plain easily understood language, even repeating themselves several times for emphasis. The Constitution can only be altered by Amendment. A process that takes two thirds of both chambers of Congress and ratification by three quarters of the states. Not easy to do on purpose, because nearly all of us must agree to it.
Supreme Court Justices cannot act and rule how they want, or as Thurgood Marshall put it; "rule how things should be, then let the law catch up to it" They cannot decide the commerce clause means wholesale takeover of industries! Their opinions do not matter. The "opinions" they release after a ruling are meant to explain the ruling, as to why the law, or an action, was, or was not constitutional. They are humans with a federal job bound like everyone else by the INTENT of the Constitution.
So, what is the INTENT of the constitution? Very simply to protect us from tyrannical government and to guarantee not only our natural rights given by God, but also certain other rights deemed important by the founders, called the Bill of Rights. The Supreme Court must rule on the side of individual freedom and sovereignty from government every time. Not to break the law they are bound to uphold, and seize power for the federal government. The power they have seized is the beginning of the end if we sit back and allow it to grow.
I have written this
before, but the gun debate has brought this subject roaring back to the
surface like Old Faithful at Yellowstone. Obama could be the best thing
to happen to the founding principles movement since Lincoln. I know, I
know, what the hell do I mean by that? Tell me if you think I am wrong,
but you don't know what you have until it's gone, and Obama is creating
that very anxiety within all of us. Have you ever been more in tune with
what is happening in Washington? Have you ever been more afraid for
your future and that of your posterity than now? I don't think you have.
I know I haven't.
Obama and our reaction to him has created a
storm of controversy and discussion. Every issue is being discussed out
in the open and in every media outlet. Battle lines have been drawn and
bias has been pointed out. Every minute more an issue is discussed the
more people see the logic and truth in our argument and the lies and
fallacies of the leftists. It is hard to defend and continually explain
lies, and this is why they are at a disadvantage in the present environment.
do you think the leftists love a crisis? They love it because quick
reactionary emotion blocks out logic. Leftists thrive in chaos and
emotion. This kind of atmosphere is very conducive to controlling people
and getting laws passed to restrict our freedoms. However, like I said
before, the more time people have to think, the more they reject the
Obama is following the Saul Alinsky Marxist play book
to the letter. He is arrogant and pushes the Marxist agenda as far as he
can, but Obama is breaking a major rule for Marxist advancement. He is
not being surreptitious and incremental, he is in your face. This is
what I believe is the beginning of the downfall of the leftists for the
coming future. The left had it made with RINO's as president eg; Nixon,
Bush HW and Bush W, and moderate Democrats, Johnson, Carter, and Clinton
as president. The march to Marxism was slower but it was steady, and
without major opposition as there is now. Awakening the sleeping
conservative giant is a death wish for leftist ideology.
believe Obama has unwittingly created a constitutional renaissance that
is under way full steam now. More and more of us are quoting the
Constitution, carrying it with us, and refuting the "coffee shop
intellectual" when they spew the leftist propaganda. Where the leftists
used to mouth off unchallenged before, are now being challenged and
schooled in the truth.
formation of conservative groups in communities and online are teaching people about
the intent of the Constitution and how precious the Bill of Rights
really are. Your average Joe is finally seeing the useless waste and
corruption entrenched in our government and political party apparatus.
could be wrong but, in my example alone, I have created this blog, a
twitter account, and a Facebook fan page all dedicated to sharing my
knowledge and networking with like minded people for the purpose of
preserving our freedom. I'm not going to write Obama any love letters,
but I am truly happy people are starting to get the point and understand
that freedom is only one generation away from extinction at any time. I
believe Obama has made that fact a glaring reality and we need to put
the nails into the leftist coffin.
I was born in the late
1960's during the Vietnam war protest era. Later on when I began to
study politics and history, I noticed one thing became a reality from
this era. The louder someone shouts and the more intense the person
looks who is protesting, the more people listen and ponder the
credibility of the protesters' message. Anyone who grew up in a
multi-child home, knows the truth in this. The old saying goes; "the
squeaky wheel gets the grease". In the 60's and 70's the leftists got
the attention, not the everyday conservative, America loving schmo
trying to make a living and supporting their family.
are still around today. Instead of hippie beads and tie-dyed shirts
they are wearing suits and trying to accomplish the same communistic
goals. They have managed to convince enough people in the validity of
their arguments and have a president and a senate to prove it. We as
conservatives know that leftist philosophies have never worked and will
never work because they are counter to human nature. Books have been
written on both sides of this subject and I'll bet many more will be as
well, but truth and reality are hard obstacles to plow through. However,
history has also proven that people forget history and continue, from
time to time, to buy into the lies and propaganda that must be used to
advance leftist ideology. If they told the truth about communism it
would be rejected outright.
Ok, so now what? Well I suggest we do
not focus solely on the federal government. The state governments are
what gave birth to the federal government. The state governments and the
local county and municipal governments are your true voice. I believe
that given enough of the states joining together things will change in
Washington. Gun control is one issue I believe the federal government
should have no say in whatsoever. "the right of the people to bear arms,
shall NOT be infringed" these words from the 2nd Amendment were written
to protect us from a tyrannical government. Shall not be infringed, to
me, means not at all, ever! Any U.S. government trying to take your guns
is a tyrannical government.
The 2nd Amendment was not created
for hunters or target shooters but for future revolutionaries if the
need arose. I implore you to never give up your weapons willingly to any
officer for the sake of confiscation. I implore all gun owners to defy
the federal government in the event of any enforcement of any
unconstitutional law or decree, regardless of whether or not the Supreme
Court upholds it or not! It is our freedom not theirs, we decide not
them! Defiance is the only way.
The time spent mourning our loss in the presidential election is over now. I cannot be more disappointed in my fellow Americans, however, i do have solace in knowing Canada was started by the same type of people opposed to the Founders. I wish they would move there as well, but that is wishful thinking at its extreme. It's only going to be more difficult a fight now with another four years of Obama, but that's what we do! We fight for the time tested principles and values proven by the shining example of the American exceptionalism.
"Nothing is over until we decide it is!" a quote from John "Bluto" Blutarsky in the movie Animal House. Funny in the movie, but quite true for us. We decide what laws are unconstitutional and what we are going to comply with. Forty nine plus percent of America voted Obama out of office. The same forty nine percent who work and support this behemoth called the federal government. The government works for us not the other way around and this is a concept that must be re-established.
Imagine being a Christian in the first century, that was the epitome of uphill battle and danger. The founders also lived life on the razors edge. Freedom is never easy and like Reagan said, it is only a generation away from extinction. We do not have life and death pressure yet. Let's keep it that way before some death wish, idiot, politician tries to make his stay permanent.
So, from now on we continue to do the things we must do. It is imperative we educate as many people as possible and wrestle local education out of the hands of the federal government. We must also be much more aggressive in our approach to political correctness and leftist propaganda promulgated daily on nearly every news broadcast. Confidence should be our approach and demeanor. Nothing is more unattractive than an insecure loser lamenting as nothing is more sexy than a hard working loser hell bent on winning and redemption.
This is our fight and our duty to posterity as well as history. I for one do not want to be the first to go to heaven and tell George Washington, Thomas Jefferson, and Abraham Lincoln we lost the country. Think about that nightmare scenario! The mourning is over and now it is time to fight again. Keep it up, Patriots!
This blog has been up since March 4th 2009. In that time I have managed to crank out 137 articles. They were issues bothering me at the time, coupled with wondering whether or not the country was going to be able to get through it all. That jury is still out but there is light at the end of the tunnel.
I write this note to thank all of the readers and subscribers past and present of "The Patriot Journal". I have thoroughly enjoyed the interaction with other true conservative patriots and the letters they have written. I have learned much and plan on writing for a very long time. because as we all know our jobs as patriots are never done.
A couple of years ago, not long after Obama was elected president I noticed his lack of knowledge and/or disregard for basic presidential protocol and etiquette. I wrote an article on this blog "The Dignity Is Lost On Obama". I wasn't the only one and a few people wrote to me with their thoughts that had noticed the same thing. I think his object was, and still is, a means to demoralize the people who love the country, and to try to create a new standard or reality. Of course it has bothered me, but it has also motivated me to want to work that much harder to convince people to remove him.
This was, like I say, right after he was inaugurated and I noticed more through the last three and a half years, but it wasn't a priority after the initial article to write about because of the issues of the time. Then I hear George W. Bush is going to the White House for the unveiling of his portrait. The political junkie that I am I had to watch.
First up was Obama and his brazen insulting of Bush and praising of himself, which sounded normal for him then, and every other time he opens his mouth. Then came Bush to the podium and when he opened his mouth it was like going back home. Love him or hate him George W. Bush was and still is a gracious, decent man and it shows.
George W. Bush was not a Lincoln or even a Reagan, and I had many issue differences with him, but he was damn close. Moreover, you would never ever see President Bush diminish the dignity of the office. The contrast was so incredibly stark I sat speechless, Obama the amateur as opposed to Bush the statesman. Obama is going to have a rough time in posterity, and he can only blame himself. The dignity is still lost on Obama, but the good news is that we will be rid of him in a few months, God willing!
What a victory! I am extremely proud of every Wisconsinite, donor, and volunteer from all over the country who made this thumping of the Marxist democrats and their union thugs possible. Scott Walker not only remained Governor but beat back the same opponent from 2010 with a much higher vote count.
Who said the Tea Party is dead? It looks like a lot of wishful thinking from our enemies on the left, because the "get out the vote" effort was not a RINO Republican Party creation. It was the Tea Party movement juggernaut that did the dirty work, and what a result. The only thing that can hurt us is our complacency and apathy. We all know the old saying I'll paraphrase that says; evil can only flourish when good people do nothing. This is the truth and it became a nightmare reality on Jan 20, 2009.
We are the defenders of the faith! We must be awake and fighting until we are dead, and teach the next generations to do the same, because the leftists will never ever quit either. We also are not done unraveling the entrenched bureaucracy created over the last eighty years. We must continue to fight for every political seat in the country and win just like we did in Wisconsin. It will take a long time to return the federal government to its constitutional mandates and boundaries, but it will happen if we continue to act like the Cheeseheads did this week. God Bless Wisconsin!
If you are not actively involved in removing Barack Obama from the White House, as well as the Marxists and RINO's from Congress and your statehouse then you are part of the problem. We need your help. If you can donate time, money and/or effort or all of the above it will go to a good cause I promise you that. At the very least vote!!
On July 19th I was elected as Precinct Administrator for Clark County Nevada by the Clark County Republican Central Committee. I'm not trying to gloat, I was unopposed. However, the reason I was unopposed is because the job of Precinct Administrator is not easy. In fact it is a very tough job with the only possible reward a faint light at the end of the tunnel, but someone has to get it done. I am putting my time, money, and effort where my mouth is and so should you.
I started getting involved first when I set up my blog "The Patriot Journal" and then later started attending my local Republican party meetings. The job of Precinct Administrator will allow me to interact with hundreds if not thousands of like minded Republican voters and that will be a treat.
I plan on keeping everyone informed periodically here on the progress my team at the CCRP and I are making turning Clark County back to red. There is no other option.
What else could it be? The Democrats in the Nevada legislature are obstructing Senate Bill 178. SB178 which in addition to making it a felony to threaten an illegal with revealing their immigration status in order to compel them to perform certain acts, also makes it mandatory for anyone registering to vote to show proof of citizenship.
Call me crazy but I don't see a problem with that in the least. In fact I am angry that this law is necessary in order to stop people from voting illegally in the first place. I shouldn't have to remind everyone but, voting is a right, secured in the blood and treasure of our Founding Fathers and in every generation since. To allow our voting rights to be given improvidently to foreign nationals with little or no vested interest in our country, or well being, is criminal.
This bill has no hidden agenda or surprises like the National Health Care bill aka "Obamacare", it is simple and straightforward. Not one Nevadan I have talked to opposes this bill, which leads me to believe there is no constituency based political reason for the Democrats to oppose it.
The Democrats do want illegals to vote, let me explain why. People coming from any country and remaining here illegally are most likely poor and uneducated. They are the perfect food for the Democrat vulture because the educated cannot be as easily lied to and controlled. The Democrats have thrived on the use of illegals as a huge source for their power in recent years, by stirring every emotional trigger imaginable in Americans, be it race or social class etc. Then they use these as a hammer to bash Conservatives and paint us as uncaring of the downtrodden, a patent lie that we must destroy.
Therefore, as long as there are poor and uneducated, which there has to be to sustain Democrats, they will continue to claim to protect them from the "bogeyman", and promise them money and benefits in exchange for their votes, which in turn secures their power. The more the better for them, and foreign illegals are an endless supply.
Illegal aliens voting Democrat is what they want, and what has been happening for a long time. This is also why Democrats support Social Security, Medicaid, and welfare benefits for illegals, these being the promises fulfilled for voting for them. The Democrats use our tax dollars to help illegals bankrupt us. Their final goal is to consume all power and maintain themselves as a ruling class while the rest of us remain subservient to them and exist on what they think we should have.
Are you angry yet? I am, and I am sure I can speak for most Nevadans, and most Americans in general that this scenario is not an option. We must not let them continue to obstruct what is right and force down our throats what is wrong. Every Conservative has a duty to expose the Democrats for what they are, and to educate apathetic and ignorant Nevadans to the Democrat obstruction of SB178 which protects our precious right to vote.
Please call your State Senator and Assemblyman and let them know that we want SB178 passed through committee and given an up or down vote on the floor. We must force the Democrats to defend their opposition to this bill. Our voting rights are dependent on this bill and your participation. Here is the link;