Monthly Archives: June 2015

SCOTUS Doesn’t Have The Final Word ~ We The People Do!

My thoughts on the SCOTUS ruling this morning ~

Congress can “override”, repeal, replace, IF they believe ACA to be unconstitutional. That’s why we have checks and balances and SCOTUS does not have, nor did it ever have, the final word. Repeal.

“The framers of the Constitution designed the U.S. government so that each branch had a check on the others. In this way, no one branch would have absolute authority. Judicial review is the main way the Supreme Court can check the legislative branch’s power. If a case before the court raises a constitutional question, the justices may decide a law violates the Constitution. Congress then has the power to pass another law to override that court ruling. Of course that law, if challenged, would be subject to further judicial review…..The Supreme Court holds the power to interpret laws and declare them unconstitutional under the principle of judicial review. While Congress doesn’t technically have the power to overrule a Supreme Court decision, it can take actions to lessen, or even negate, the effect of a court ruling. Congress can thereby render the court’s interpretation obsolete, either by passing a new law or amending the old law to better achieve its original intent.”
~ Jennifer Mueller, Demand Media

This is not a new concept. The Constitution of the United States of America was ratified by North Carolina in 1789 with all states ratifying by May 29, 1790.  The framers still had the scent of gunpowder in their nostrils and knew first hand what the words “Tyrant” and “Oppressive Government” meant.  Their family members and friends died defending their God-given liberties and a freedom to worship.  They didn’t just write the Constitution they prayed over the words and it’s intent as is evidenced by these words:

“WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”   Our forefathers secured Blessings and then Ordained these United States with those blessings through our Constitution.  I believe God was in it.

Our Congress has had the ability to repeal the ACA all along but have failed to do so. Instead they have done the politically expedient thing…. which means they have done nothing.  Where is God in their decisions?  Whose interests do they serve?

Will “We the People” allow our destiny as a nation to be defined by a few Marxists, liberal progressives, and students of Communism?  Not I.

Local Politics Affect Us The Most

Two weeks ago, my wife, Michele was elected to Vice-Chairman of the NC Republican Party. That was on Saturday.  On Monday, I was elected as Lenoir County Republican Party Chairman.  This means that I will focus almost totally on County issues when I blog on the Daily News Fix.  And be assured the focus will be on factual news, perhaps some items you won’t see in the local newspaper, televised or radio media.

I’ve stressed repetitively in the Daily News Fix the significance local activism plays.  The building blocks for liberty and freedom are right here in our own backyard.  If you don’t stay informed, you lose and so do our kids.  All the more reason to attend your Lenoir County Commissioner meetings.  These public servants meet the 1st and 3rd Monday of each month at 9am and 5pm respectively.  The 5pm meeting was recently moved for accessibility.  Recently, there was a peaked interest in how our Commissioners were allocating money to the local school system.  People were fired up!  Why does it take someone messing with your kids to spark this kind of reaction?  Attend a few meetings and witness exactly how your dollars are allocated.

City Council meets the 1st and 3rd Monday of each month at 7pm and 5:30pm respectively.  Honestly, once you read it in the newspaper, it’s too late.  You have to get ahead of the game and be involved to make a real impact.  Recent decisions regarding 3% pay raises and $1000 bonuses on the back of a 3% garbage service rate increase confuse and frustrate many.  There are questions that should be asked but who will confront a Council that may at times seem to have little regard for the taxpayer…..especially with a dying tax base.  So inform yourselves and ask the questions.  I’ll give you all the facts and figures I can muster.

This is a municipal election year and a very important one.  Three (3) City Council seats are up for grabs.  Kinston has made progress in many areas.  Our downtown has made remarkable progress due in part to a few big investors, the historic preservation tax credit program, the opening of the CSS Neuse Interpretive Center and of course, the replica CSS Neuse II.  But we have many hurdles to cross and we won’t do it until our tax base increases.

You’ll see some eager candidates emerging in the next few months.  I encourage you to be open-minded, listen to their ideas, and remember that fiscal conservatism is the key element in turning this town and county around.   Lenoir County is a Tier 1 county wherein over half the residents qualify for federal subsidies of some type.  We must realize that services cost money and money comes from the taxpayer.  We must also elect three(3) new City Council representatives with the integrity, backbone, and foresight to apply time honored fiscal principles.

John C. Nix ~ Chairman, Lenoir County GOP Chairman

House Bill 562 Expands Gun Rights & Nixes Jim Crow Holdout

On Wednesday, June 3rd, House Bill 562 made it’s way through the House rules panel (14-13) with the Chairman casting the tie-breaking vote. The Bill will now move to the House floor for a vote.  This bill, titled “An Act to Amend Various Firearm Laws” has created opinionated interpretation on how the 2nd Amendment to the Constitution of the United States of America should be applied here in North Carolina.

HB 562 would allow District Attorneys to carry concealed in the courtroom if they are Concealed Carry holders and would allow Legislators to conceal carry on the Legislative campus.  What has garnered more media attention than anything else in this bill is a provision that would allow gun purchase without obtaining a permit through the Sheriffs office, this provision taking effect in 2021. Gov. Pat McCrory and the North Carolina Sheriffs Association are opposed to this Bill.  There are also leftists that interpret the 2nd Amendment in a different manner as evidenced in this article from May 13th.

Public opinion is split along party lines with many 2nd Amendment supporters as proponents for this Bill.  It is well known that criminals will obtain guns by other means than a permit, so permitting is just more red tape and costs more for government to process, which, in turn, cost the taxpayers more.  There is also the, not so well known, fact that permitting was originally put in place to prevent blacks from purchasing firearms.  So this Bill would eliminate another Jim Crow era holdout.

One interesting component of this Bill is that heath care providers would be prohibited from asking their patients in a written questionnaire about gun ownership and would be disallowed from sharing information provide by patients collected verbally regarding firearm ownership.  Providers would face civil monetary penalties of up to $500 for disclosing such information.

We are not sure at this point just when this Bill will go to the House floor or what it’s fate might be but we’ll keep you informed.

“Never surrender your rights, Never give up, Never shut up, and keep getting up.” ~ John Nix and the Daily News Fix

HB 405 To Be Reconsidered By NC House For Possible Override

Governor McCrory vetoed two bills last week.  The first came on May 28th when he vetoed SB2 which addresses an opt out for magistrates and register of deeds in performing services related to gay marriage.  See the Daily News Fix story on SB2 override.  The second, the focus of this article, came on the 29th, HB 405, an act with the intent of “protecting property owners from damages resulting from individuals acting in excess of the scope of permissible access and conduct granted them”.

HB 405 has become known as the “ag gag” bill because the opponents of this bill believe it will punish “whistle blowers” in exposing cases of animal cruelty in facilities such as poultry farms where past cases of undercover filming has taken place.  Videos have been taken of workers abusing birds.  “HB 405 has a “right of action” portion that would allow for the recovery of damages from any person, including an employee, who enters the non-public areas of an employer’s premises to capture data, paper, records or any other breach without authorization. This would include placing unattended cameras or electronic surveillance devices on the premises without authorization.”

While most citizens agree animal abuse has no place in any setting, backers of this bill have a desire to protect businesses  from employee and others stealing information or exposing trade secrets and work practices.  The North Carolina Animal Agriculture Coalition, represents over 79,000 jobs and over $17 billion.  But McCrory had other pressures.

A campaign was mounted by animal rights activists including celebrities weighing in with names like Martha Stewart, Andie McDowell, Leilani Munter, and someone named Kesha, were putting the thumb on Governor Pat to veto this bill, which is exactly what he did.

These “ag gag” laws are nothing new and at least two states are being legally challenged currently.  The bill extends to industries beyond agriculture.   The bill states, “Any person who intentionally gains access to the nonpublic areas of another’s premises and engages in an act that exceeds the person’s authority to enter those areas is liable to the owner or operator of the premises for any damages sustained. For the purposes of this section, “nonpublic areas” shall mean those areas not accessible to or not intended to be accessed by the general public”  There is no mention of any one industry or service and the focus of this bill, as worded, is  to protect business privacy and for recovery of damages.  The NC House will reconsider HB405 along with SB2 tomorrow, June 3rd at 2:00 pm.  SB2 has cleared the Senate and needs three-fifths majority from the house to become law.

Senate Overrides Governor McCrory’s Veto on SB2

If you took a job as Magistrate and were faced with marrying a gay couple but in doing so this would violate your religious beliefs, what would you do?  NC Senate Bill 2 provides language that would allow you to opt out of performing that ceremony.  The same goes for a Register of Deeds who is forced with the task of filing a marriage license yet has a moral obligation not to fulfill this task despite it falling within his/her job description.  This is a first amendment issue.

Senate Leader Phil Berger (R-Rockingham), who sponsored the legislation. “This bill strikes a critical balance to make sure the freedoms granted to some under recent court orders do not erase the constitutionally-protected rights of others, and the Senate’s action tonight will help ensure it becomes law.”

Many argue that if you can’t perform the duties of that position then you shouldn’t take the job.  But what about a Register of Deeds that has held that elected position for, say 15 years, prior to all these social challenges?  If you believe marriage should be between a man and a woman as the Holy Bible teaches, then you are forced to either refuse to perform these duties and lose your job or you act against your faith in the eyes of God.  This nation was founded by bible believing Christians that believed, as most North Carolinians still believe, that marriage is solely between a man and a woman.  Physiologically this would be obvious to anyone, yet there are a whole host of alternative gender identity trends.

Friday, May 29th, Governor Pat McCrory vetoed SB2, but Monday evening the NC Senate reaffirmed this First Amendment protection.  Interestingly enough, Article 1, Section 13 of the North Carolina constitution also references this protection ~ “inalienable right to worship Almighty God according to the dictates of their own consciences” and states, “no human authority shall, in any case whatever, control or interfere with the rights of conscience.”

Senate Bill 2 preserves an element of the US and NC Constitutions.  It was passed and ratified in the Senate on this day June 1, 2015 in a two-thirds vote of 32 Aye and 16 No. It now moves to the House where it must pass prior to becoming law.