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Constitutional Issues

New 'Separate But Equal'?

by Tim Baldwin The Flathead Beacon published the following article of mine it its latest weekly column: Years ago in America, the majority discriminated against people based on sex, religion and race. Until 1920 (19th amendment, USC) women could not vote. Until the 13th and 14th amendments, black people were property. Until 1967, states criminalized white and black people marrying each other. Those who supported these discriminations used either religion or natural law for justification. Liberal thinking people fought these discriminations successfully, and most conservatives today praise this fact. With...
Featured Article :: Political Contests, Political Philosophy, Constitutional Issues :: 260 Views

Judge Roy Moore v. Gay Marriage

by Tim Baldwin The Alabama Supreme Court Chief Justice, Roy Moore, has a reputation for standing firm on his beliefs—though some despise him for it. Years ago, he was removed by Alabama's executive branch from chief justice because he refused to remove the rather large Ten Commandments monument after a federal court ruled that it violated the “separation of church state." It was extremely controversial at the time. Ironically, in 2003, he ran for chief justice again and won. Now, Justice Moore is again defying a federal court ruling that struck down Alabama’s law that prevents the st...
Featured Article :: Political Contests, Political Philosophy, Constitutional Issues, Judicial Branch :: 516 Views

Vaccinations: Choice or Mandate?

by Tim Baldwin(published in Flathead Beacon, Opinion Section, 2/11/15)In Montana, approximately 35% of the parents have not vaccinated their children. Are they all ignorant or making informed decisions?The recent “measles outbreak” at Disney is noteworthy, because of those infected some were vaccinated for measles. Yet, the Center for Disease Control (CDC) said, “90% of the people close to that [infected] person who are not immune will also become infected.” So, what percentage of those vaccinated will be infected? Curiously, CDC states nothing about this. Too, look at China. Vaccinations ...
Featured Article :: Constitutional Issues, Rational Liberty :: 444 Views

Conservatives Can Promote Big Government Too

by Tim Baldwin For the past eleven years I have been practicing law as a criminal prosecutor and defense attorney. I have closely seen how the “War on Drugs” has ruined people’s lives and given tremendous, over-reaching police power to government. If you want to reduce police power and reduce taxes, there is a tremendous place to start. However, some Republicans only want to grow this police power. The latest example of this is Gov. Scott Walker’s intended policy of mandatory drug testing of welfare and unemployment recipients without even a suspicion of illegal drug use. Some politi...
Featured Article :: Political Parties, Political Philosophy, Constitutional Issues :: 1329 Views

Prosecutor Cover Up

by Tim Baldwin Montana defense attorneys, Tim Baldwin and Phyllis and Jack Quatman, of the Quatman and Quatman, PC law firm in Flathead County, have revealed serious unethical and perhaps unlawful actions of prosecutors and Northwest Drug Task Force Agent in Flathead County, Montana and their attempt to cover it up. The seriousness of their actions caused these defense attorneys to request an investigation to the Montana Attorney General. To date, the Attorney General’s Office has not responded to this request. Click here to read the story.
Featured Article :: Constitutional Issues, Judicial Branch, Executive Branch :: 1839 Views

JBS Employee Robert Brown’s Response to Tim Baldwin’s Open Letter Ignores State Rights Quandary

by Tim Baldwin After my open letter to the John Birch Society (JBS) was released, Robert Brown (employee of JBS who is stationed in Montana) responded to my letter through his Facebook page. He stated, "Tim Baldwin has been attacking the JBS lately for not supporting HIS view of an Article V convention. What is his goal?" Robert's response is nonsense and ignores the State Rights quandary JBS faces by its opposition to Article V. In case Robert may still be confused, I’ll try to explain my point better, which is this: JBS' opposition to Article V internally contradicts its posi...
Featured Article :: Political Remedies, Constitutional Issues :: 2402 Views

Open Letter to John Birch Society re: Article V

John Birch Society, You are confused and determined to spread your propaganda more than teaching truth. Foolishly, you would rather the States take the same course of action that led our union to Civil War; namely, nullification and unilateral secession. Any student of American history can see that your preferred and proposed course of action will lead us to that kind of war. This begs the question: do you WANT to see the destruction of the States as we saw in the 1860s? You claim that you advance the principles of the Declaration of Independence. Yet, when it comes to the safest and most practical method (...
Featured Article :: Political Remedies, Political Contests, Political Philosophy, Constitutional Issues :: 2782 Views

John Birch Society Denies Declaration of Independence Principles

by Tim Baldwin On August 12, 2014, Voices of Montana, which is Montana’s only statewide radio show, had John Birch Society employee, Robert Brown, on the show as a guest to denounce the use of Article V, United States Constitution. Article V is the provision wherein the States may convene for the purpose of proposing amendments, which if any are proposed by the delegates, the States would deliberate on the proposals in special sessions and then vote on whether to ratify the amendments or not. The host of the radio show and Brown had one goal in mind: STOP Article V! In addition to much misinformation Bro...
Featured Article :: Political Remedies, Constitutional Issues :: 2268 Views

Revolutionists, Not Constitutionalists

by Tim Baldwin I am convinced that most advocates of state nullification who oppose Article V (hereinafter referred to as “nullification purists”) are effectively revolutionists, not constitutionalists. An article that demonstrates my point is entitled Tool for Liberty: Nullifying for the Sake of Nullification, which was written by Tate Fegley and posted by the Tenth Amendment Center. In this article I will show how: (1) nullification purists do not promote real nullification but give only lip service to the idea; (2) nullification purists invoke Natural Law, not Constitutional law, as the...
Featured Article :: Political Remedies, Political Contests, Political Philosophy, Constitutional Issues, Rational Liberty, Judicial Branch :: 7557 Views

Michigan Proves Article V is a Red, White and Blue Movement

by Tim Baldwin Michigan just passed an application to call an amendment convention under Article V of the Constitution for the explicit purpose of requiring a balanced federal budget.  The Washington Times reports, “Michigan lawmakers last week voted to demand a balanced budget amendment to the U.S. Constitution.” This report highlights that this application may be the 34th application on the subject, thus triggering Congress’ duty to call a convention for that purpose.   However, some States have rescinded their balanced budget applications. Citing Prof. Rob Natelson as authorit...
Featured Article :: Political Remedies, Constitutional Issues, Judicial Branch, Legislative Branch :: 1686 Views

Get Real About Amendments

by Tim Baldwin I have shown before (here, here, here, and here)  how a so-called “runaway” Article V convention is, in fact, a secession act of the States that propose and/or ratify a new constitution. Despite the hollow echoes of those who oppose Article V for fear of such a runaway/secession movement, they ignore the reality that, first, no State is going to try to secede from the union and second, no sufficient number of States would propose and ratify a new constitution to secede from the Constitution of the United States. The evidence shows, the only amendments that are popular enough to ...
Featured Article :: Political Remedies, Constitutional Issues :: 2140 Views

Common Sense Challenge to JBS' Rob Brown on Article V

by Tim Baldwin Polymontana reposted Prof. Rob Natelson's article on why Amendments will work (note: I reposted this article too). Someone self-named as "fredh" posted in the comment section an article by John Birch Society coordinator, Rob Brown, on why we can't use or trust Article V; namely, because Congress will control the convention and the States will be left with worse than what they wanted or nothing at all. Rob Brown's article follows, and after this, I reposted my comment to Brown's article below. Congressional report validates JBS convention concerns https://www.fas...
Featured Article :: Political Remedies, Political Contests, Constitutional Issues :: 1785 Views

My Response to Tom DeWeese on Article V (Part 1)

by Tim Baldwin “Caution and investigation are a necessary armor against error and imposition. But this untractableness may be carried too far, and may degenerate into obstinacy, perverseness, or disingenuity.” Alexander Hamilton, Federalist Paper 31. Tom DeWeese expressed his opposition to using Article V in an article entitled, Some Thoughts on the Article V Issue. I respect Tom and what he has done regarding liberty issues, but I believe his logic and approach to Article V is flawed. I believe Hamilton’s description (above) of the Constitution’s opponents in 1787 applies to Articl...
Featured Article :: Political Remedies, Political Contests, Political Philosophy, Constitutional Issues :: 2655 Views

Madison, Jefferson and Henry Supported Article V

by Tim Baldwin One of the usual weapons Article V opponents will use to oppose an amendment convention is a quote from James Madison when he opposed the Anti-Federalists’ plan for an amendment convention in 1789. Madison said, “I should tremble for the result of a Second [convention].” However, Article V opponents mistakenly rely on Madison’s statement and misapply the politics of 1789. Madison’s true position on Article V actually proves that an amendment convention is necessary today—and not only Madison’s position, but also Thomas Jefferson’s and Patrick Henry...
Featured Article :: Political Remedies, Political Contests, Constitutional Issues :: 5451 Views

TeaParty.Org Promotes Article V Convention

by Tim Baldwin One of America’s largest Tea Party organizations, TeaParty.org, recently promoted and celebrated Georgia’s passing an application for an amendment convention of the States under Article V of the Constitution. Citing the Newsmax article, TeaParty.org sees Georgia’s application as a major act in limiting federal power. The Newsmax article observes that Georgia’s application “restricts the convention to topics of limiting the power of the federal government and establishing term limits for federal officials.” Clearly, Georgia does not want a runaway convention...
Featured Article :: Political Remedies, Constitutional Issues, Legislative Branch :: 1115 Views

Rob Natelson Refutes the ‘Amendments Won’t Work’ Claim

Rob Natelson, constitutional scholar, refutes Article V opponents’ claim that Amendments to the Constitution will not work. He says, “Opponents of a Convention of States long argued that there was an unacceptable risk a convention might do too much.  It now appears they were mistaken. So they increasingly argue that amendments cannot do enough.  “The ‘too much’ contention was first promulgated in modern times by apologists for the liberal, ultra-activist Earl Warren/Warren Burger Supreme Court.  Specifically, these apologists feared a convention might propose ame...
Featured Article :: Political Remedies, Constitutional Issues :: 1211 Views

Georgia Passes Article V Convention Legislation

by Tim Baldwin The Convention of States Project (COS) just announced that Georgia overwhelmingly passed legislation calling for an Article V convention for the purpose of the States proposing amendments to the Constitution. COS reports, This just in!  The Georgia Senate has passed the COS application by a vote of 37-17, becoming the first state legislative body to do so. The resolution has six sponsors: Majority Whip Cecil Staton (R-Macon) of the 18th District, Senate President Pro Tempore David Shafer (R-Duluth) of the 48th District, Ronnie Chance (R-Tyrone) of the 16th District, Butch Miller (R-...
Featured Article :: Political Remedies, Constitutional Issues :: 1093 Views

Rand Paul and Mike Lee Support Article V

by Tim Baldwin Senator Rand Paul (R-KY), a potential 2016 presidential candidate, supports the States using Article V to limit federal power and fix inherent problems, such as term limits and balanced budget. Tea Party favorite, Mike Lee (R-UT), does as well (source). Article V opponents who claim that Article V supporters are "in bed" with George Soros are outlandish in their accusations! Rand Paul and Mike Lee are perhaps the nation's greatest Tea Party icons and both are supporting Article V--for obvious reasons. Thus, people who continue denouncing Article V using illusions and conspira...
Featured Article :: Political Remedies, Constitutional Issues, Video :: 1341 Views

My Response to Unreasonable Article V Opponents

by Tim Baldwin Article V opponents, George Hudson and Paul Stramer, are actively opposing Article V. Below is an email George forwarded to me, which included Paul’s attack against Article V: NO CON-CON!!!! NOT NOW, NOT EVER. What makes anyone think that the lawless government goons will obey anything that comes out of this, when in fact they fly in the face of what we already have as a Constitution?  They are all criminals having broken their oath to the same, and they all belong in jail. Writing more words on a piece of paper isn't going to do it folks. They have Satan as thei...
Featured Article :: Political Remedies, Political Contests, Constitutional Issues, Judicial Branch :: 3572 Views

Montana CI 114 Is Anti-Democratic

by Tim Baldwin In 2014, Montana may be able to vote on citizen initiative (CI) 114 if enough signatures are gathered to put on the ballot. CI 114 would amend Montana’s Constitution requiring that the State legislature be 50% men and 50% women. Democracy and Republics are about real choice, not forced choice. I oppose CI 114. There is nothing democratic about CI 114. It puts sex above qualifications. It degrades women, implying that without this law, they cannot compete against men for public office. It takes away the voters’ choice as to which candidates they believe will best represent them in ...
Featured Article :: Political Philosophy, Constitutional Issues, Legislative Branch :: 1580 Views
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