The Federalist: SHOCK: Dems & GOP rediscover Bill of Rights - Drone Nullification Gets Final Approval

Tuesday, June 4, 2013

SHOCK: Dems & GOP rediscover Bill of Rights - Drone Nullification Gets Final Approval

SHOCK!

Illinois Democrats and Republicans accidentally

rediscover the Bill of Rights and ban spy drones

At the Federal level Democrats and Republicans fall all over each other to grow and fund a 1984 Big Brother Surveillance State. But at the state level we are seeing both parties in state legislatures rediscovering the Bill of Rights, the 10th Amendment and pushing back against the Federalized Police State.

Now we have an Illinois bill restricting drone spying to the point of near extinction heading to the governor’s desk for his signature. The bi-partisan bill was passed by landslide majorities.

If signed into law, SB1587 would prohibit law enforcement agencies from using unmanned drones to gather evidence or other information without a warrant in most cases.

The House overwhelmingly passed the Freedom from Drone Surveillance Act 105-12 on May 30. The Senate gave its approval 52-1 in April and quickly concurred with two House Amendments the day after House passage. SB1587 now moves on to Gov. Pat Quinn for his signature reports the Tenth Amendment Center.

The act does leave the door open for some drone use. The prime exception allows for the use of drones “to counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk.”

The People Dancing for Joy at the Nullification of Drones

In addition, the bill would permit law enforcement agencies to use drones when attempting to locate a missing person, as long as that flight was “not also undertaking a criminal investigation.” It would also allow for review of a crime scene and traffic crash scene photography.

Any information gathered by a drone would have to be destroyed within 30 days, unless the information proved to contain evidence of criminal activity, or was relevant to a trial or investigation.

The House amendments actually strengthened the bill.

The first tightened up admissibility provisions. It now provides that if the court finds by a preponderance of the evidence that a law enforcement agency used a drone to gather information in violation of the information gathering limits in of the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding.

It does allow that the State may overcome this presumption by proving the applicability of a judicially recognized exception to the exclusionary rule of the Fourth Amendment to the U.S. Constitution or Article I, Section 6 of the Illinois Constitution to the information. It also provides that nothing in the Act shall be deemed to prevent a court from independently reviewing the admissibility of the information for compliance with the aforementioned provisions of the U.S. and Illinois Constitutions.

The second amendment deleted a provision that permitted the use of drone by a law enforcement agency if the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent serious damage to property.

The Senate concurred with both amendments unanimously.

Judge Napolitano: Government is Violating 3rd/4th/5th/9th Amendments

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Thomas Pinckney, Federalist

Commissioned as captain in the 1st South Carolina Regiment of the Continental Army. After seeing much action, he became an aide-de-camp to General Horatio Gates. He was captured by the British at the disastrous Battle of Camden in 1780. After recovering from his wounds, he was released in a prisoner exchange. In 1781 he fought under Lafayette in Virginia. Appointed by President George Washington to be the U.S. minister to Great Britain served as Envoy Extraordinary to Spain. The Federalist Party made him a candidate in the 1796 presidential election as the intended running-mate of John Adams. Served as Congressman and Governor of South Carolina. Served as a major general in the Army during the War of 1812.

Henry Lee III, Federalist

Major General "Light-Horse Harry" Lee fought at the battles of Paulus Hook, Guilford Court House, Eutaw Springs, Yorktown and the Whiskey Rebellion. Federalist Congressman from Virginia, Governor of Virginia. Father of Robert E. Lee. In 1812 Lee was attacked by a Jeffersonian mob of Democratic-Republicans while defending a Federalist newspaper from attack. Lee and the other Federalists were beaten and tortured by the mob over the next three hours. Lee was left partially blinded after hot wax was poured into his eyes. The men were left for dead. All were severely injured, and one Federalist, General James Lingan, died.

Frederick Frelinghuysen, Federalist

In the War of Independence he served in the New Jersey militia as an artillery captain, seeing action at Trenton and Monmouth. Attained the rank of colonel. Member of the Continental Congress. Served in the New Jersey General Assembly. Member of the New Jersey convention that ratified the United States Constitution in 1787. President George Washington appointed him as brigadier general in the United States Army for the 1790 campaign against the western Indians. Commissioned major general in the New Jersey militia in 1794, during the Whiskey Rebellion. Elected to the United States Senate.

Stephen Van Rensselaer, Federalist

Van Rensselaer served in the New York Assembly and Senate. He served as the Federalist Lt. Governor under John Jay. In 1786, Van Rensselaer was made a major of the militia. As a Major General in the War of 1812 he led an army in an invasion of Canada and fought at the Battle of Queenston Heights. In 1813 Van Rensselaer was the Federalist candidate for Governor of New York earning 48% of the vote. A shift of only 1,800 votes would have made him Governor. In 1822 he was elected to Congress as a Federalist serving until 1829.

WILLIAM PATERSON, Federalist

James Hillhouse, Federalist

Hillhouse served as captain in Governor's Foot Guards in the Revolutionary War. He was a member of the Connecticut House of Representatives, Congressman from Connecticut at-large, 1791–96, and a Federalist Party U. S. Senator from Connecticut, 1796–1810. He was the anti-slavery leader of the Congress in the early days of the Republic. After the Louisiana Purchase of 1803, Hillhouse fought to bar the importation of slaves into the Louisiana Territory. "I consider slavery as a serious evil," he proclaimed, "and wish to check it wherever I have authority." Two of Hillhouse's amendments restricting slavery passed the Congress and were signed into law.

Oliver Ellsworth, Federalist

In 1777 he was chosen as one of Connecticut's representatives in the Continental Congress. Served at the Constitutional Convention in Philadelphia as a delegate from Connecticut. On June 20, 1787 he proposed the use of the name the United States to identify the nation under the authority of the Constitution. United States Senator from Connecticut. Ellsworth was the principal exponent in the Senate of Alexander Hamilton's economic program. In 1796 Ellsworth was appointed by President George Washington to be Chief Justice of the United States. Served as United States Envoy Extraordinary to the Court of France. Ellsworth was a candidate in the 1796 United States Presidential election, receiving eleven votes in the electoral college.

Robert Goodloe Harper, Federalist

At the age of fifteen, Harper joined a volunteer corps of Cavalry and served in the American Revolutionary Army. Harper was elected as a Federalist Congressman from South Carolina (1795 - 1801). In 1798 at a dinner in Philadelphia honoring John Marshall, a group of U.S. Congressmen were discussing a recent demand made by the government of France. French vessels had been plundering US ships in a piratical manner. French foreign minister Talleyrand said the attacks would be stopped if the US paid him $250,000 and gave France 50,000 pounds sterling and a $100 million loan. As toasts were made, Harper sent his own defiant reply to the French with this toast: “Millions for defense but not one cent for tribute.” Harper served in the War of 1812, attaining the rank of major general. He moved to Maryland and was elected as a Federalist to the US Senate. He was an unsuccessful Federalist candidate for Vice President in the 1816 election. He also received one electoral vote for Vice President in the 1820 election.

Jacob Read, Federalist

Alexander Contee Hanson, Federalist

Member of the Maryland House of Delegates. Editor of the "Federal Republican", a Federalist Party newspaper in Baltimore. Four days after the beginning of the War of 1812 a mob of pro-war Democrat-Republicans destroyed his newspaper office. The paper moved to another building where Hanson was joined by a group of armed allies. When that building was besieged by another mob, Hanson and his group fired, killing two. Hanson and his group surrendered to the militia and were escorted to jail. That evening yet another mob stormed the jail. Hanson was beaten and left for dead. Hanson was elected as a Federalist to Congress in 1812 and 1814. In 1816 he was elected as a Federalist to represent Maryland in the U.S. Senate until his death in 1819 at the age of 33.

William Bingham, Federalist

As a merchant he brought full loads of munitions & guns for the war. Served as a diplomat for Congress to France. Bingham marshaled the Second Troop of Philadelphia Light Horse. He served in the Continental Congress, 1st Speaker of the Pennsylvania House of Representatives, State Senator, and US Senator. Federalists agreed to hold preliminary votings at the Bingham Estate before propositions were brought before Congress publicly, thus creating unanimity among party lines. Alexander Hamilton sought Bingham as his mentor in managing taxes, tariffs, and in constructing a national bank.

Ezekiel Whitman, Federalist

Whitman practiced law in New Gloucester, Maine and in Portland, Maine (both communities a district of Massachusetts until 1820). In 1808 Whitman was elected as a Federalist Congressman from Massachusetts and served one term. In 1816 he was again elected as a Federalist to the US House serving from 1817 to 1821. In 1819 he was a delegate to the convention that prepared the constitution which led to Maine's statehood. In 1820 he was elected as a Federalist Congressman from the new state of Maine serving until 1822. Chief Justice of the Maine Supreme Court from 1841 to 1848.

David Cobb, Federalist

Cobb studied medicine in Boston and practiced in Taunton, Massachusetts. He was a member of the Massachusetts Provincial Congress in 1775; lieutenant colonel of Jackson’s regiment in 1777 and 1778, serving in Rhode Island and New Jersey; was aide-de-camp on the staff of General George Washington; appointed major general of militia in 1786. Fought in the New York and New Jersey Campaign, the Battles of Springfield, Monmouth, Rhode Island and Shay's Rebellion. He served the Federalist Party as Lt. Governor of Massachusetts, President of the State Senate and Congressman.

Josiah Parker, Federalist

In 1775 Parker enlisted in the Continental Army. He was commissioned a major in the 5th Virginia Regiment in 1776 and became its colonel in 1778. His regiment served in Virginia under General Charles Lee and was transferred to George Washington. The regiment thereafter saw action at the Battles of Trenton, Princeton, Brandywine, Germantown, Monmouth and the Siege of Charleston. During Cornwallis's Virginia campaign in 1781, the notorious Colonel Tarleton ransacked his home. He was elected to the First US Congress from Virginia serving for twelve years.

William Stephens Smith, Federalist

Smith married Abigail "Nabby" Adams, the daughter of President John Adams, and so was a brother-in-law of President John Quincy Adams, and an uncle of Charles Francis Adams. Served in the Revolutionary Army as aide-de-camp to General John Sullivan. Fought in the Battle of Long Island, was wounded at Harlem Heights, Battle of White Plains, was promoted to lieutenant colonel at the Battle of Trenton, fought at the Battle of Monmouth and Newport. He was on the staff of General Lafayette, became an adjutant in the Corps of Light Infantry, then transferred to the staff of George Washington. Elected as a Federalist Congressman from New York.

Oliver Wolcott, Jr., Federalist

John Rutledge, Jr., Federalist

Rutledge served as Congressman from South Carolina. A passionate Federalist, he supported Aaron Burr against Jefferson, founding the Charleston Courier (predecessor of the Post and Courier) to support his causes. Joining the South Carolina Militia in 1799, Rutledge served as commander of the Twenty-eighth Regiment in the War of 1812. He subsequently commanded the Seventh Brigade from 1816 until his death. Rutledge's life was fraught with controversy. Catching his wife (mother to his nine children) in a "clandestine visit" with Dr. Horace Senter, Rutledge challenged him to a duel, fatally wounding the doctor.

John Sergeant, Federalist

Member of the Pennsylvania state house of representatives 1808-1810; elected as a Federalist to Congress and served from 1815, to 1823. Sergeant was a strong backer of Henry Clay's American System and the Second Bank of the United States, and even traveled to Europe to negotiate loans to the Bank. He was a strong opponent of slavery who voted against the Missouri Compromise. In 1826 he was an envoy to the Panama Congress. Elected to Congress as an Adams candidate 1827 to 1829. Failing re-election he became legal counsel to the Bank of the United States. Sergeant was the Vice Presidential running mate in Henry Clay's campaign on the National Republican ticket in 1832. Elected as a Whig to Congress serving from 1837 to 1841.

John Laurance, Federalist

Philip Barton Key, Federalist

Key had been a Loyalist in the American Revolution. He served in the Maryland Loyalists Battalion as a captain. Key fought with the British Army from 1777 to 1781, until he was captured by the Spanish in Pensacola, Florida with the rest of his battalion. After the war he served as Mayor of Annapolis & member of the Maryland House of Delegates. Appointed a Federal Judge by John Adams. He was a Counsel to Justice Samuel Chase during Chase's Jefferson ordered impeachment show-trial in 1805. Elected as a Federalist to Congress from Maryland (1807 - 1813). Francis Scott Key was his nephew.