Posted on 07/03/2010 2:18:55 PM PDT by Petruchio
Chicago, IL—Not so long ago in American history African-Americans were shut out of the voting booth through extortionate poll taxes. Blacks had no money and voting was impossible. It took a while but the courts intervened and the poll taxes were outlawed.
There was another outrageous obstacle preventing African-Americans from voting and that was literacy testing. The majority of Blacks, were just too poorly educated and could not pass the tests local governments required. If a voter could not pass the test, the voter could not vote. Again the courts finally intervened and banned the illegal practice.
A Constitutional right is just that, a right. Government can’t require anyone to either, pay for, be tested for or wait in order to enjoy a Civil Right. Mayor Richard M. Daley and the City Council have defied the law of the land and civil liberties of the people of Chicago by attempting to circumvent the United States Supreme Court’s edict in McDonald vs. City of Chicago.
The City of Chicago has done all of the above to violate the Civil Rights of Chicagoans with their brand new gun ban scheme. In order to enjoy the right to own a handgun they are requiring extortionate fees, testing, and waiting up to four months as a scheme or artifice to prevent gun ownership.
Government can require fees, testing and waiting before granting privileges such as driving an automobile. Government cannot treat Civil Rights in the same fashion as privileges.
The law-abiding African-Americans of Chicago have suffered the most because they have been at the mercy of armed criminals, an undermanned police department and early inmate release programs by corrections officials. Imagine being poor and living in the ghetto without the meaningful ability to defend yourself.
A trip any day to Chicago’s Cook County Morgue is a lesson in murder and racial discrimination. The overwhelming percentage of murder victims brought here are Black. This demonstrates both the enablement of violent criminals by Daley’s failed gun ban and preventable suffering by victims that were barred from defending themselves.
Chicago’s Aldermen and Mayor, on the other hand have the right their office gives them to carry concealed weapons. They are overpaid, part-time workers that live and work in relative safety as they drive safe cars and commute to safe locations to do their work and play. The Mayor and at least one Alderman have 24/7 bodyguard details of armed Chicago cops.
This is nothing less than a Civil Rights issue. The very ugly origin of Gun Control in America began in the South during Post-Civil War Reconstruction as a way to keep the newly freed slaves disarmed. The concept spread North as a way to keep immigrants disarmed.
If the pathetic politicians of City of Chicago were really concerned about gun safety they’d offer free classes in existing schools. Obviously they only demand it now to enable them to violate Civil Rights. Free classes on gun safety would certainly be good public policy.
Chicago’s Aldermen and Mayor, on the other hand have the right their office gives them to carry concealed weapons. They are overpaid, part-time workers that live and work in relative safety as they drive safe cars and commute to safe locations to do their work and play. The Mayor and at least one Alderman have 24/7 bodyguard details of armed Chicago cops.
Chicago, Chicago, what a wonderful town.....http://www.facebook.com/pages/Obama-and-Blago/131120673586450
He has his token in the White House so leave the crooked racist alone whydoncha?
:)
Tyrant Daley (of the Royal Daley Monarchy in power since 1953) urinates on the Constitution and Supreme Court.
L
After losing big in SCOTUS, they pull the same prohibition with onerous fees and regulations comparable to poll taxes and literacy tests, making it highly likely they'll lose on those when brought before the same circuit court (and all the way to SCOTUS). Chicago may lose almost all ability to regulate guns.
The Chicago thugs may be betting on a quick Kagan confirmation.
WTH?
As private citizens (and only as such), of course they , have the right to own and carry any weapons they want (like any other Chicago citizen) - not withstanding their council's unconstitutional ordinance (given the propensity for "shenanigans" in ChiTown politics, they're probably ineligible for that particular right - since they are very likely "undocumented felons", simply awaiting arrest, conviction, and sentencing).
But government has no "rights" - only duties and responsibilities. In their capacity as govt. officials, they can thus only be granted privileges, one of which may be carrying weapons, but only if they are necessary as tools for the effective performance of their duties.
First and foremost come their responsibilities. All other governmental privileges spring from those needs required to adequately perform their duties.
As govt. officials, they are issued those licensed firearms to protect their citizens first and foremost, and only secondarily to protect themselves and their own self-interests. Along with expansive privileges come weighty responsibilities - and that is where they fail so miserably. If they can't (or won't) execute the responsibilities of governance, then by default they are ineligible for the privileges of governing.
Tyrant Daley (of the Royal Daley Monarchy in power since 1953) urinates on the Constitution and Supreme Court.
Does anyone ever run against them? The idiots, I mean people, keep voting for them.
Anything that reduces voter eligibility is fine by me. I think *everyone* should be fully disenfranchised.
Every human being should be too busy with his own life, and helping others, to have any time to engage in mob rule of others' lives.
Additionally, I think firearms ownership should be mandatory for every free man on earth.
Failure to be armed is punishable by being subject to the votes of others.
At least the original Daley made some pretense of efficiently running the old Chicago for a while. The Jr. Dick is just as big a crook, but without the organizational talent.
Wouldn't help. She's replacing a guy who would have voted anti-rights anyway.
Same as requiring voter ID the left didn't want... this puts undue burdens on blacks and little old ladies. IMO
The new Chicago “laws” provides that gun shops are illegal in the city and that gun owners cannot take their guns out of the house.
How is one supposed to buy a gun OUTSIDE the city of Chicago and transport it home without violating the law? It wish that these elected officials would read what they are voting on, so they don’t look like the dumba$$e$ they really are. “A MIND IS A TERRIBLE THING TO WASTE.”
Not quite. The legfal basis for a federal lawsuit for deprivation of a fundamental constitutional right in violation of the Federal Civil Rights Act would be found in The United States Code, Title 42, Chapter 21, Subchapter I, §ection 1983:
Civil action for deprivation of rights
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
In such cases not only can the plaintiff receive triple damages for any financial loss [think a convention that suffers low attendance because prospective attendeed fear unlawful governmental action] but the plaintiff's attorney may charge 1.5 times their usual fee to bring the case, payable by the defendent upon successful conclusion.
Since the typical fees for attorneys admitted to the federal courts can easily run $459.00 an hour or more, that too can add up to a substancial expense as the typical 300-5000 hours of billing hours accru. Multiply that times hundreds of potential plaintiffs in seperate dtates, all entitled to bring seperate actions in their respective home states' federal courts, and the City of Chicago can find itself bankrupted pretty quick, as the Illinois town of East St Louis was a couple of decades back; there the federal courts siezed and aucytioned off city office supplies and furniture along with the city's police cars, radios, firearms and other equipment to satisfy the judgement.
The applicable charges under Title 18 you mentioned are found in the U.S. Criminal Code, and provide an entirely seperate set of punishments to which Mayor Dailey and his criminal confederates may find themselves subject to. Some, indeed are financial. But not all of them:
Deprivation of rights under color of law
Title 18 United States Code, U.S. Criminal Code, Part I, Chapter 13, §ection 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death
That said, I think a federal criminal prosecution under Section 241 of the same Title would be simpler and easier to prove, and could likely be the basis for a RICO racketeering suit against Chicago officials for their "long pattern of continuing criminal activities- which can indeed be filed against corrupt corporate orginazitions such as incorporated municipalities. But that's just a minor matter of tactics, like deciding what color rope should be used for their hanging.
As far as the color? I think Red is appropriate. Don't you?
You are very welcome. I do not think it will surprise you or several of the other FReepers who pay close attention to such matters that I have been working on the details of just legal activities for a few years now. Where I sit right now, I'm just about two and a half miles from the Illinois state line as I write this and I don't plan to be for much longer.
As far as the color? I think Red is appropriate. Don't you?
Well, it would match his eyes. And, likely, his heart.
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