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Monday, June 3, 2013

WASHINGTON, DC -- U.S. Senator Ted Cruz (R-TX) released the following statement on today’s U.S. Supreme Court decision in Maryland v. King:

Today’s unfortunate U.S. Supreme Court ruling in Maryland v. King, by a vote of 5-4, expands government power, invades our liberty, and undermines our constitutional rights. The Court held that the police can forcibly take DNA samples from people who have been arrested—but have not been tried or convicted—of a serious offense. So now the government can capture, without a search warrant, the most personal information about an individual, and use it to search vast databases for unrelated offenses.

All 50 States already collect DNA from convicted felons. So this intrusion of liberty will matter only for those not convicted: the innocent and wrongly accused or those for whom there is insufficient evidence to convict.

As Justice Scalia rightly noted in dissent, “As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason.”

All of us should be alarmed by this significant step towards government as Big Brother. The excessive concentration of power in government is always inimical to liberty, and a national database of our DNA cannot be reconciled with the Fourth Amendment.

Accumulating DNA from arrestees—without warrant or probable cause to seize the DNA—is not designed to solve the crime for which the person has (rightly or wrongly) been arrested. Rather, it’s to test the DNA against a national database to potentially implicate them in other unsolved crimes. But the Constitution requires particularized suspicion of a specific crime; indeed, the Fourth Amendment was adopted to prohibit the British practice of “general warrants” targeting individuals absent specific evidence of wrongdoing.

Justice Scalia’s scathing dissent is right: If we really want a DNA database to solve more crimes, then why not require DNA samples to fly on airplanes, get driver's licenses, or attend public schools?

If the government has good cause for needing the DNA sample—such as trying to match DNA at a crime scene to a particular person where there is other corroborating evidence—then the government can ask a judge for a search warrant. That’s what our Framers intended—judicial checks on extensive government power to invade our personal lives.

Law enforcement is a paramount function of government. But we cannot allow that government function to run roughshod over the Bill of Rights. And, as recent events involving the IRS have demonstrated, unchecked government power—and intrusive personal databases maintained on the citizenry—poses real risks to our liberty.


"A Constitution is not the act of a Government, but of a people constituting a government, and a government without a constitution is a power without right."

--Thomas Paine, Rights of Man, 1791

"[I]f the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased, to be their own rulers, having, to that extent, practically resigned their government, into the hands of that eminent tribunal.’ May that not be the case in our nation.”

-- Abraham Lincoln
"But while property is considered as the basis of the freedom of the American yeomanry, there are other auxiliary supports; among which is the information of the people. In no country, is education so general -- in no country, have the body of the people such a knowledge of the rights of men and the principles of government. This knowledge, joined with a keen sense of liberty and a watchful jealousy, will guard our constitutions and awaken the people to an instantaneous resistance of encroachments."

--Noah Webster, On Education of Youth in America, 1790
"The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone."

--Thomas Jefferson, letter to Thomas Ritchie, 1820

"There is nothing which I dread so much as a division of the republic into two great parties, each arranged under its leader, and concerting measures in opposition to each other. This, in my humble apprehension, is to be dreaded as the greatest political evil under our Constitution."

-- John Adams, Letter to Jonathan Jackson (2 October 1780), "The Works of John Adams", vol 9, p.511
"A constitution founded on these principles introduces knowledge among the people, and inspires them with a conscious dignity becoming freemen; a general emulation takes place, which causes good humor, sociability, good manners, and good morals to be general. That elevation of sentiment inspired by such a government, makes the common people brave and enterprising. That ambition which is inspired by it makes them sober, industrious, and frugal."

-- John Adams, Thoughts on Government, 1776

By Tom Hoefling, November 15, 2012

The practice of human abortion violates every single clause of the stated purposes of the United States Constitution, the Supreme Law of the Land, and its explicit, imperative requirements. It is the worst sort of lawless rebellion against the laws of nature and of nature’s God.

The stated purposes of the Constitution of the United States, the Supreme Law of the Land:

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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." 

Abortion is NOT "the law of the land." 

The idea that it is the law of the land is the biggest, most destructive lie ever told in America. 

The Supreme Law of the Land states as its first purpose the formation of a more perfect Union. The practice of human abortion destroys the most fundamental familial bonds that unite humanity, the natural ties between a mother and her child, destroys the unity of families and communities, and is well on its way to destroying the Union we call America. 

Abortion is NOT "the law of the land." 

The Supreme Law of the Land states as its purpose the establishment of Justice. There can be no greater physical injustice committed towards any innocent person than to murder them.

Abortion is NOT "the law of the land." 

The Supreme Law of the Land states as its purpose the insuring of domestic Tranquility. The practice of human abortion is the cruelest violence that could possibly be committed against women, children, and their families. It has, in fact, filled our land with violence, burdening the national conscience with guilt for the shed blood of countless tens of millions of innocent little boys and girls.

Abortion is NOT "the law of the land." 

The Supreme Law of the Land states as its purpose the provision of the common Defense. That is, by definition, the defense of ALL persons in America. The practice of human abortion is the destruction of the child AND the destruction of Equality.

Abortion is NOT "the law of the land." 

The Supreme Law of the Land states as its purpose the promotion of the general Welfare. That is, by definition, the welfare, or well-being, of ALL persons in America. Again, the practice of human abortion is the destruction of the child AND the destruction of Equality.

Abortion is NOT "the law of the land." 

The Supreme Law of the Land states as its purpose the securing of the Blessings of Liberty to ourselves and our Posterity. The practice of human abortion has already obliterated nearly an entire generation, depriving each individual victim of any possible chance to enjoy any of the Blessings of Liberty, and, by erasing entire bloodlines, it is obliterating Posterity itself.

Abortion is NOT "the law of the land." 

The Supreme Law of the Land, in the Fifth Amendment, explicitly and imperatively forbids the killing of any innocent person, the willful destruction of any person who has not been charged, tried, and convicted of a capital offense. Abortion is the grossest violation of Due Process imaginable.

"No person shall be deprived of life without due process of law." -- The Fifth Amendment to the United States Constitution

Abortion is NOT "the law of the land." 

The Supreme Law of the Land, in the Fourteenth Amendment, explicitly and imperatively requires every State in the Union to equally protect the right to life of every innocent person, and requires that each and every person be provided with the Equal Protection of the laws by each State. The practice of human abortion is the grossest violation of Equal Protection imaginable.

"No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." -- The Fourteenth Amendment to the United States Constitution

Even if abortion was "the law of the land," which it is not, any such lawless law or constitution would be NULL AND VOID anyway, grossly violating as it must the first Law of Nature, which is the absolute right and DUTY of the people, and of ALL governments, to protect innocent life, individual liberty, and private property.

"Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature." -- Samuel Adams, The Rights of the Colonists, the Report of the Committee of Correspondence to the Boston Town Meeting, November 20, 1772

"An unjust law is no law at all." – St. Augustine of Hippo

"Good and wise men, in all ages...have supposed, that the Deity, from the relations, we stand in, to Himself and to each other, has constituted an eternal and immutable law, which is, indispensably, obligatory upon all mankind, prior to any human institution whatever. This is what is called the law of nature, which, being coeval with mankind, and dictated by God himself, is, of course superior in obligation to any other.  It is binding over all the globe, in all countries at all times.  No human laws are of any validity, if contrary to this; and such of them as are valid, derive all their authority, mediately or immediately, from this original." -- William Blackstone

"When human laws contradict or discountenance the means, which are necessary to preserve the essential rights of any society, they defeat the proper end of all laws, and so become null and void." -- Alexander Hamilton

Not only is the practice of human abortion NOT “the law of the land,” it COULD NOT BE the law of a land premised as this one is in a clear understanding and acknowledgment of the laws of nature and of nature’s God

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain UNALIENABLE rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men..."
 -- The Declaration of Independence

Every elected executive, every legislator, every judge, that allows the practice of human abortion to continue anywhere in America is in gross violation of their sacred oath of office. They have, as our constitutional republic’s founders charged against King George III in our nation’s charter, the Declaration of Independence, “abdicated government here by declaring us out of [their] protection and waging war against us.”

They must, by any and all lawful means, be removed and replaced by those who understand the foundations for law in America and the most fundamental and important obligations of their oaths.

That, by the mercy and grace of God, is the only hope we have to prevent the further destruction of America. 

Sign the Equal Protection for Posterity Resolution here: