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8th Grader Arrested Over NRA T-Shirt Argument Now Faces A Year in Jail
The Blaze ^ | 06/15/2013 | Madeleine Morgenstern

Posted on 06/15/2013 3:34:35 PM PDT by Carbonsteel

The West Virginia eight-grader arrested and suspended over his National Rifle Association T-shirt with an image of a firearm is now facing a $500 fine and a year in jail.

A judge is allowing prosecutors to move forward with charging Jared Marcum, 14, with obstructing an officer, WOWK-TV reported.

(Excerpt) Read more at businessinsider.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: West Virginia; Your Opinion/Questions
KEYWORDS: banglist; guncontrol; nea; nra; secondamendment
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To: Venturer

I wish every parent would pull their kids out of this particular school. This principal is unstable and unworthy of his authority.


41 posted on 06/15/2013 4:20:18 PM PDT by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: Carbonsteel

Dang! I want to get a shirt like the kid is wearing in the article. Visited the NRA site but couldn’t find it.


42 posted on 06/15/2013 4:20:30 PM PDT by jeffc (The U.S. media are our enemy)
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To: Carbonsteel

What is needed is for every kid in that school to show up wearing the same shirt.

EVERY DAY.

Clownward and Privitt: “Overwhelm the system.”


43 posted on 06/15/2013 4:21:13 PM PDT by ConradofMontferrat (According to mudslymz, my handle is a HATE CRIME. And I HOPE they don't like it.)
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To: carriage_hill
We’re rapidly approaching the Fourth Box. The Tree of Liberty needs a serious “watering”.

A judge is allowing prosecutors to move forward with charging Jared Marcum, 14, with obstructing an officer, WOWK-TV reported.

When the time comes, and it will soon, we must start with the local judges and prosecuters. These mini-gods must go.

44 posted on 06/15/2013 4:28:01 PM PDT by cayuga (A gov't that can take your AR-15 can take anything else it wants.)
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To: Carbonsteel
...but burning the US Flag is "freedom of speech".

Western Civilization is in an advanced stage of decay.

45 posted on 06/15/2013 4:30:04 PM PDT by Savage Beast ("'1984' is the essence of 'liberalism'." rlmorel)
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To: cayuga

100%


46 posted on 06/15/2013 4:30:51 PM PDT by Carriage Hill (Guns kill people, pencils misspell words, cars drive drunk & spoons make you fat.)
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To: Carbonsteel

As described, this is approaching or crossing the “under color of law” standard.


47 posted on 06/15/2013 4:36:26 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Carbonsteel

Bring a counter suit for deprivation of civil rights...


48 posted on 06/15/2013 4:39:42 PM PDT by NELSON111
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To: Carbonsteel

Why not Che Guerva shirt be banned. Or Mao, Stalin, Hitler Pol Pot and other dictators. NRA - Nuts Running America is the acroynm for the USA rudderless political leadership.


49 posted on 06/15/2013 4:43:51 PM PDT by hondact200 (Candor dat viribos alas (sincerity gives wings to strength) and Nil desperandum (never despair))
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The boy upset a petulant, statist jackass by being chatty.


50 posted on 06/15/2013 4:44:35 PM PDT by Gene Eric (Don't be a statist!)
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To: Carbonsteel

Simple solution...start gathering signatures to recall the judge and the D.A.


51 posted on 06/15/2013 4:45:08 PM PDT by montag813
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To: jeffc

Well, the NRA cap stands out if you don’t already have one.


52 posted on 06/15/2013 4:46:41 PM PDT by Gene Eric (Don't be a statist!)
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To: Carbonsteel
Logan (lc2.boe.loga.k12.wv.us) stripped their "staff" page from their web site, but search engines still have the unreachable pages' URLs.

County School Administration staff

Middle school staff, principal is Ernestine Sutherland

53 posted on 06/15/2013 4:50:17 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: PapaBear3625
Ernestine Sutherland ZoomInfo page
54 posted on 06/15/2013 4:54:58 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: cayuga

The recent years since 9/11 have proven our elected representatives have little to no interest in presenting or passing legislation that passes constitutional muster. A myriad of laws such as Patriot Act, GM takeover, NDAA, Bankster bailouts, Operating government without formal budget, mandated Healthcare and coming legislative assaults on second amendment all point to an out of control nearly, if not actually, tyranical government our founders never intended but clearly warned us about.

In other threads I have touched on the subject of the oath of office and find its treated as just words to be said but no one holds those taking the oath responsible so I thought it a good topic for discussion especially since violating the oath is codified as a violation of federal law and executive order.

The oath taken by both houses of Congress reads,

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God

Congressional Oath of Office

It is apparent that the section of the oath that seems almost daily violated by politicians is “I will bear true faith and allegience to the same; that I take this obligation freely, without reservation or purpose of evasion;”

The congress as a whole along with the executive branch has been knowingly presenting legislation contrary to the constitution and then relying on legal challenges to make it to supreme court for final disposition, that folks is still a violation of the oath taken no matter the lawyeristic manuever of passing legislation as constitutional and waiting for a challenge. If these were your children you would immediately scold for exceeding limits by their hope of getting away with trouble but suffering consequences for only the most egregious just by sheer quantity, its evasive both by congress and by children, both should be accountable.

Below is the most detailed listing of codes covering the subject of congressional oath and pealties for violation,

Federal law regulating oath of office by government officials is divided into four parts along with an executive order which further defines the law for purposes of enforcement. 5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office. 5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of Congress) to “advocate the overthrow of our constitutional form of government”. The fourth federal law, 18 U.S.C. 1918 provides penalties for violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.

The definition of “advocate” is further specified in Executive Order 10450 which for the purposes of enforcement supplements 5 U.S.C. 7311. One provision of Executive Order 10450 specifies it is a violation of 5 U.S.C. 7311 for any person taking the oath of office to advocate “the alteration ... of the form of the government of the United States by unconstitutional means.” Our form of government is defined by the Constitution of the United States. It can only be “altered” by constitutional amendment. Thus, according to Executive Order 10450 (and therefore 5 U.S. 7311) any act taken by government officials who have taken the oath of office prescribed by 5 U.S.C. 3331which alters the form of government other by amendment, is a criminal violation of the 5 U.S.C. 7311.

Violating Oath

The subject I am bringing to the table is “why do the American people allow their representatives to break oath of office (a federal crime) and not hold them accountable?

This should be a non-partisan subject simply due to the fact this has been going on for long decades and both parties are guilty according to the law.

I have myself watched a slow and steady deterioration of personal freedom going on fourty years and the accumulation is IMHO about to reach a tipping point where those hard fought rights become meaningless.
The scales could be tipped back somewhat if the public had awareness that the oath has teeth and voiced expectation that it be taken seriously.

http://www.abovetopsecret.com/forum/th
read912761/pg1


5 U.S.C. 3331:
“An individual, except the President, elected or appointed to an office of honor or profit in the civil service...shall take the following oath: ‘I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.’”

5 U.S.C. 3333:
“...an individual who accepts office or employment in the government of the United States...shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title.”

5 U.S.C. 7311 (1):
“An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he (1) advocates the overthrow of our constitutional form of government...” [”advocate: to plead in favor of: defend by argument before a tribunal or the public; support or recommend publicly.” Webster’s Third New International Dictionary] ...shall be fined under this title or imprisoned not more than one year and a day or both”

Executive Order 10450 (in part):
Whereas the interest of the national security require that all persons privileged to be employed in...the Government shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States... it is hereby ordered as follows:

(a)The investigations conducted pursuant to this order shall be designed to develop information as to whether the employment or retention in employment.. of the person being investigated is clearly consistent with the interests of the national security. Such information shall relate, but shall not be limited to the following:

(4)Advocacy of use of force or violence to overthrow the government of the United States, or of the alteration of the form of the government of the United States by unconstitutional means.” [form: established method of expression or practice; fixed or formal way of proceeding; procedure according to rule or rote. Webster’s Third New International Dictionary] (Italics and underlines added).


55 posted on 06/15/2013 4:54:59 PM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: Carbonsteel

Oh, but if Mr. Marcum showed up at school wearing a che guevarra or free mumia t-shirt and anyone, student, teacher, administrator dared express any objection, well, we all know how that would play out.


56 posted on 06/15/2013 4:56:43 PM PDT by Impala64ssa (You call me an islamophobe like it's a bad thing.)
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To: PapaBear3625

Maybe this - It is from a blog discussing the case.

Principal Ernestine Sutherland at: esutherl@access.k12.wv.us


57 posted on 06/15/2013 4:57:41 PM PDT by thesearethetimes... ("Courage, is fear that has said its prayers." Dorothy Bernard)
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To: NELSON111

civil rights are privileges given under statutory law

Stand up and claim your CONSTITUTIONAL RIGHTS


58 posted on 06/15/2013 4:58:13 PM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: Carbonsteel

If your going to report something like this how about naming the judge ? If the source doesn’t do it you can place in your comment section.


59 posted on 06/15/2013 5:13:53 PM PDT by mosesdapoet (Serious contribution pause.Please continue onto meaningless venting no one reads.)
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To: Carbonsteel
Either the community stands up to defend this kid of that entire community deserves to be carpet bombed.

The parents were also STUPID to send this kid to commie school to begin with. I would never send a child to any school unless I've talked to EVERY teacher and administrator and had them pass my oral IQ test.
60 posted on 06/15/2013 5:13:55 PM PDT by Wanderer99
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