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Bureaucrats Will Carry Out Mandatory Home Inspections Under Climate Bill

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#16
zartan

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and yet the Patriot Act...
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#17
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zartan said:

and yet the Patriot Act...

...is brought up in a fruitless effort to shift the discussion off of an embarrassing revelation.

"Shorty, Shorty, he’s our man. George Wallace belongs in the garbage can." - Shorty Price Campaign Slogan

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#18
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zartan said:

and yet the Patriot Act...



Once again, the great Zartan brings up a point that has NOTHING to do with the current discussion. Classic liberalism.


Can you stay on the subject at hand for once in your life? :eek:




One of these home inspectors will be welcomed to my home with my Colt .223 AR-15. :cool:
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#19
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ShortyPrice said:

...is brought up in a fruitless effort to shift the discussion off of an embarrassing revelation.




EXACTLY!!!!!!!!!!!!!!!!!!!!!!
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#20
zartan

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warning: if you don't bitch and moan about losing civil liberties due to Republican-sponsored legislation, then your indignation about such things as pertains to Democratic-sponsored legislation might sound like phony partisan sour grapes.

it's relevant.
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#21
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Neo said:

Once again, the great Zartan brings up a point that has NOTHING to do with the current discussion. Classic liberalism.


Can you stay on the subject at hand for once in your life? :eek:




One of these home inspectors will be welcomed to my home with my Colt .223 AR-15. :cool:
you are willing to do a lifetime bid just to show how much of a badarse you are?
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#22
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zartan said:

you are willing to do a lifetime bid just to show how much of a badarse you are?



Nope, I would be protected in both state and federal law.

The US Constitution, the ultimate law of the land protects me from such actions by the US Government in the 4th, 8th and 10th amendments.


United States Bill of Rights - Wikipedia, the free encyclopedia



I'm also protected by South Carolina state law.


S.C. Code of Laws Title 16 Chapter 11 Offenses Against Property - www.scstatehouse.gov-LPITS

Castle Doctrine in the United States - Wikipedia, the free encyclopedia



ARTICLE 6.

PROTECTION OF PERSONS AND PROPERTY
SECTION 16-11-410. Citation of article.
This article may be cited as the "Protection of Persons and Property Act".

SECTION 16-11-420. Intent and findings of General Assembly.
(A) It is the intent of the General Assembly to codify the common law Castle Doctrine which recognizes that a person's home is his castle and to extend the doctrine to include an occupied vehicle and the person's place of business.

(B) The General Assembly finds that it is proper for law-abiding citizens to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.

© The General Assembly finds that Section 20, Article I of the South Carolina Constitution guarantees the right of the people to bear arms, and this right shall not be infringed.

(D) The General Assembly finds that persons residing in or visiting this State have a right to expect to remain unmolested and safe within their homes, businesses, and vehicles.

(E) The General Assembly finds that no person or victim of crime should be required to surrender his personal safety to a criminal, nor should a person or victim be required to needlessly retreat in the face of intrusion or attack.

SECTION 16-11-430. Definitions.
As used in this article, the term:

(1) "Dwelling" means a building or conveyance of any kind, including an attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging there at night.

(2) "Great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

(3) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(4) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.
(A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:

(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and

(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.

(B) The presumption provided in subsection (A) does not apply if the person:

(1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or

(2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship, of the person against whom the deadly force is used; or

(3) who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(4) against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or the person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer.

© A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

(D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.

(E) A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder.

SECTION 16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer exception; costs.
(A) A person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known that the person is a law enforcement officer.

(B) A law enforcement agency may use standard procedures for investigating the use of deadly force as described in subsection (A), but the agency may not arrest the person for using deadly force unless probable cause exists that the deadly force used was unlawful.

© The court shall award reasonable attorneys' fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of a civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (A).








With that, I'm also immune from proscution. :D  I'm also immune from federal proscution in regards to the SC state law below which does NOT honor or recognize any federal statute, law or legislation that violates the 10th amendment to the US Constitution.





May 19, 2009

S. 424

Introduced by Senators Bright, S. Martin, Alexander, Campbell, Fair, Knotts, Cromer, Mulvaney, Verdin, L. Martin, Shoopman, Rose, McConnell, Thomas, Cleary, Courson, Coleman, Davis, Reese, Campsen, Grooms, Ryberg, Peeler, O'Dell, Bryant and Massey

S. Printed 5/19/09--S.    [SEC 5/20/09 1:06 PM]

Read the first time February 12, 2009.


A CONCURRENT RESOLUTION
TO AFFIRM THE RIGHTS OF ALL STATES INCLUDING SOUTH CAROLINA BASED ON THE PROVISIONS OF THE NINTH AND TENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.

Whereas, the Tenth Amendment to the United States Constitution provides that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"; and

Whereas, the Tenth Amendment defines the limited scope of federal power as being that specifically granted by the United States Constitution; and

Whereas, the limited scope of authority defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and

Whereas, currently the states are treated as agents of the federal government; and

Whereas, many federal mandates are directly in violation of the Tenth Amendment to the United States Constitution; and

Whereas, the United States Supreme Court has ruled that Congress may not simply commandeer the legislative and regulatory processes of the states; and

Whereas, the State recognizes that as an independent sovereign, the State along with the other states of the union took part in an extensive collective bargaining process through the adoption of the Constitution and the various amendments thereto, and like any other party to any other agreement, the State is bound to uphold the terms and conditions of that agreement. Through this agreement, the states have collectively created the federal government, limiting the scope of its power and authority, as well as ensuring that certain fundamental rights are guaranteed. Also, through this process the states have collectively agreed to limit their own governmental authority by providing that the rights and protections afforded to the people as citizens of the United States are also extended to each person as a citizen of an individual state. Pursuant to that agreement, this State is bound to uphold the principals and protections afforded by all of the constitutional amendments, one of the most notable being the protections afforded by the Fourteenth Amendment which guarantees the privileges and immunities of the United States, due process of law, and equal protection under the law; and

Whereas, pursuant to the Tenth Amendment, by limiting the scope of federal power to only those specifically enumerated in the United States Constitution, the states retain plenary power to govern; and

Whereas, included among all states' plenary power to govern is the broad authority of all state legislatures to appropriate funds for the operation of state agencies and to specify and direct the conditions under which appropriated funds shall be spent; and

Whereas, the General Assembly of the State of South Carolina has exercised its broad authority to appropriate and direct the expenditure of funds by appropriating and directing the expenditure of funds in the Fiscal Year 2009-2010 budget. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina, by this resolution, claims for the State of South Carolina sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.

Be it further resolved that all federal governmental agencies, quasi-governmental agencies, and their agents and employees operating within the geographic boundaries of the State of South Carolina, and all federal governmental agencies and their agents and employees, whose actions have effect on the inhabitants or lands or waters of the State of South Carolina, shall operate within the confines of the original intent of the Constitution of the United States and abide by the provisions of the Constitution of South Carolina, the South Carolina statutes, or the common law as guaranteed by the Constitution of the United States.

Be it further resolved that this resolution serves as notice and demand to the federal government, as South Carolina's agent, to cease and desist immediately all mandates that are beyond the scope of the federal government's constitutionally delegated powers.

Be it further resolved that copies of this resolution be forwarded to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of South Carolina's Congressional Delegation, all at Washington, D.C., and to the Speaker of the House of Representatives and the President of the Senate of the legislatures of the other forty-nine states.



2009-2010 Bill 424: United States Constitution - South Carolina Legislature Online




People like you are the reason why the federal government is gaining more and more power. It's people like you that trade and give up your God given rights all in the name of "prosperity" and "equality". The Obama Administration and the Democratically controlled Congress is on a power grab. It's just that simple.

I'm a patriot first and foremost. I love my country dearly and will defend it if necessary against tyranny.

For example of said denial of rights and dictation, Obama and his cronies want to repeal the 22nd amendment to the US Constitution that would abolish term limits for the president and pave the way for a police state and tyranny to begin.....

No term limit for President Obama?

Repeal of Presidential Term Limits, True or False? « TheDeeZone

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#23
zartan

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somehow i don't think it would quite go down like that if you shot a government-appointed home inspector dead, Rambo.
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#24
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This may be the one post in which you'll ever see me side with Zartan....but feel free to try it.  It'd make for a good case study.
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#25
jacobp

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Quote

For example of said denial of rights and dictation, Obama and his cronies want to repeal the 22nd amendment to the US Constitution that would abolish term limits for the president and pave the way for a police state and tyranny to begin.....

No term limit for President Obama?

Repeal of Presidential Term Limits, True or False? « TheDeeZone

Hail King Obama: President for life
That has been tried several times, with Republicans in office as well.  It's never going to happen.
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#26
The Joker

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zartan said:

somehow i don't think it would quite go down like that if you shot a government-appointed home inspector dead, Rambo.




Oh, now I'm Rambo because I exercise my right to keep and bear arms? That's more liberal yankee talk there.


Once again just like the "Boortz vs. Obama" thread, you failed to argue the points that I made within the law and responded with sarcastic remarks.

No wonder they say liberalism is a mental disorder.


Put simply, I would be immune from proscution in both South Carolina state law and quite possibly Federal law. South Carolina state law is very clear and they do not honor or recognize federal law that extends beyond the 10th amendment of the US Constitution. They also grant me the right to use deadly force under the "Castle Doctrine" to unwelcome trespassers/invaders if I deem them a threat.
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#27
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Your problem would be with deeming a government employee doing inspections as a threat.  I don't think that defense would hold much water.






although, I'd try like hell to run them off too.

Edited by jacobp, 06 July 2009 - 10:11 AM.
s

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#28
zartan

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Neo said:

Oh, now I'm Rambo because I exercise my right to keep and bear arms? That's more liberal yankee talk there.

no, you're Rambo because you gleefully talk of murdering government employees, Mr. Super-Patriot. is psychosis a mental disorder?
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#29
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jacobp said:

Your problem would be with deeming a government employee doing inspections as a threat.  I don't think that defense would hold much water.






although, I'd try like hell to run them off too.




The state of South Carolina is VERY friendly to homeowners and law abiding citizens of SC. Remember these facts.....

1. SC was the first state to declare their independence from the US and fired the first shot in the civil war.

2. SC was one of the first states to sign the "Castle Doctrine" into law and currently, SC's version of the bill is more protective of the citizen. It covers their property, car, barn, shed, whatever is on their property. They can also exercise deadly force to protect property. Which means, trespassers may be shot.
(I have "NO TRESPASSING" posted all over my property so my bases are covered.)

3. SC was the first to refuse the stimiulus money from the government.

South Carolina in the last 6 months has signed several bills into law declaring their soverignty as a state in this republic and has passed several laws protecting the state citizens from an imperialistic federal government. We do NOT like federal interference in state affairs and we will never "Go along" with things.


We in SC, have always been pro states rights and we want to be left alone. We have always been one of self-reliance and we don't need the federal government telling us how to "play" in our own backyard.

Trust me, in this state, we have even more protections within SC state law than even the US Constitution grants us.
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#30
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zartan said:

no, you're Rambo because you gleefully talk of murdering government employees, Mr. Super-Patriot. is psychosis a mental disorder?




Maybe you should pick up a dictionary and look up the definition of murder.

Murder is the killing of another with malicious intent.


I do not have any malicious intent. I'm simply protecting what is mine. The government inspectors sure do though. They're violating both federal and SC state law which makes them ordinary criminals.

Regardless of statute, they're in fact, within the bounds of the state of South Carolina and must observe and obey all SC statutes. True?

Psychosis?  Is that what we're called now? Is that what we're diagnosed with now? Please! If it wasn't for people like me, your candy-a$$ wouldn't have the ability to sit there and talk your liberal rubbish while polluting the minds of this country. It's the sacrifices of people like me (Rambo, murderers, Super-Patriot) that have given you the avenue to disagree and to be as dumb as you want to be.


An excerpt of the SC State Law posted above:

Be it further resolved that all federal governmental agencies, quasi-governmental agencies, and their agents and employees operating within the geographic boundaries of the State of South Carolina, and all federal governmental agencies and their agents and employees, whose actions have effect on the inhabitants or lands or waters of the State of South Carolina, shall operate within the confines of the original intent of the Constitution of the United States and abide by the provisions of the Constitution of South Carolina, the South Carolina statutes, or the common law as guaranteed by the Constitution of the United States.

Remember, freedom isn't free.

Edited by Neo, 06 July 2009 - 10:43 AM.

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