Trump signed into law unconstitutional House Joint Resolution 76 allowing search w/out warrant

A week ago, on August 22, 2017, President Donald Trump signed a very troubling Congressional resolution into law that should be the concern of every American.

Introduced on February 16, 2017 by Democrat Rep. Steny Hoyer of Maryland, House Joint Resolution 76 was passed by the House 399-5 on July 17, and unanimously by the Senate on August 4. (Congress.gov)

In the name of providing safety oversight of the Washington Metropolitan Area Transit Authority (WMATA) Metrorail system, H. J. Res. 76‘s purpose is to authorize Virginia, Maryland and the District of Columbia to establish “a legally and financially independent state authority” — the Washington Metrorail Safety Commission. But in so doing, the resolution — which is now law — violates the  U.S. Constitution’s Fourth Amendment on search without warrant.

Under H. J. Res. 76’s Article IV enumerating the powers of the newly created Washington Metrorail Safety Commission, Section 31 (b) stipulates that:

“31. In performing its duties, the Commission, through its Board or designated employees or agents, may: […]

(b) Enter upon the WMATA Rail System and, upon reasonable notice and a finding by the chief executive officer that a need exists, upon any lands, waters, and premises adjacent to the WMATA Rail System, including, without limitation, property owned or occupied by the federal government, for the purpose of making inspections, investigations, examinations, and testing as the Commission may deem necessary to carry out the purposes of this MSC Compact, and such entry shall not be deemed a trespass. The Commission shall make reasonable reimbursement for any actual damage resulting to any such adjacent lands, waters, and premises as a result of such activities”.

H. J. Res. 76 therefore violates the Fourth Amendment to the United States Constitution, which states that:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This means that if you have a home or property “adjacent” to the WMATA Rail System, your property can be searched WITHOUT WARRANT by the sole authority of the newly created Washington Metrorail Safety Commission.

Below is a map of the WMATA Rail System (click map to enlarge):

Every member of the U.S. Senate and 99% (399 members) of the U.S. House of Representatives voted for H. J. Res. 76. Only five Congressmen, all Republicans, voted against it:

  1. Rep. Justin Amash (R-Michigan)
  2. Rep. Walter Jones (R-North Carolina)
  3. Rep. Thomas Massie (R-Kentucky)
  4. Rep. Alex Mooney (R-West Virginia)
  5. Rep. Mark Sanford (R-South Carolina)

In a tweet, Congressman Amash conveyed his dismay:

Ironically, the unconstitutional H. J. Res. 76 actually has the nerve to require the members of the new Washington Metrorail Safety Commission to take an oath of office swearing allegiance to the U.S. Constitution:

“I, ___________, hereby solemnly swear (or affirm) that I will support and defend the Constitution and the laws of the United States as a Member (or Alternate Member) of the Board of the Washington Metrorail Safety Commission and will faithfully discharge the duties of the office upon which I am about to enter.”

Rachel Blevins of The Free Thought blog points out that:

“This is not the first time Congress has quietly passed a bill that will take away some of the most basic rights from law-abiding citizens in the U.S., and it won’t be the last. One of the most important things to remember about this legislation is that it was ignored by the media, and while it may only affect the Washington D.C. metro area now, it could be laying the blueprint for future legislation across the country.

H/t FOTM‘s MomOfIV

~Eowyn

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25 responses to “Trump signed into law unconstitutional House Joint Resolution 76 allowing search w/out warrant

  1. Stephen T. McCarthy

    >>… Ironically, the unconstitutional H. J. Res. 76 actually has the nerve to require the members of the new Washington Metrorail Safety Commission to take an oath of office swearing allegiance to the U.S. Constitution:

    Incredible! A textbook case of cognitive dissonance.

    I enthusiastically voted for Trump, even knowing beforehand that he was far from a “Constitutionalist”, as I am. But sad to say, I am becoming increasingly disillusioned as the months pass by. Things like this, and ramping up the forces in Afghanistan rather than withdrawing the troops is beginning to seriously curb my earlier enthusiasm.

    ~ D-FensDogG
    (link:] Ferret-Faced Fascist Friends

    Liked by 2 people

    • I fell for the same trap. It’s ‘meet the new boss, same as the old boss’. We’ve been scammed again. Like they say, if voting changed anything, it’d be illegal. Trump is just another NWO shill, but a bit more disguised. Just look up his relationship with the Russian Mafia on Henry Makow’s website.

      Liked by 1 person

      • Howdy, Chemtrailssuck. Thanks for the comment!

        Actually, take heart a bit, Brother, because I strongly believe that neither you, Steven Broiles, nor I really got “scammed” or “conned” by Trump and “fell for the same trap”. I feel quite certain that what we are dealing with is a case of….

        THERE REALLY ISN’T ANYTHING THAT WE CAN DO ABOUT IT, OTHER THAN TO SIMPLY DO THE BEST JOB THAT WE CAN FOR THE AMERICAN PEOPLE FROM WITHIN THE GIVEN PARAMETERS.

        That is something that was once privately stated by a famous U.S. Congressman whom I’ve known personally. If you’re interested in the full story, you will find it [Link:) ​HERE​​.​

        ​I don’t believe I’ve ever publicly said who the Congressman was, but if you’ve been interested in politics for some time, you’ve definitely heard of him. (He once even ran for POTUS.)

        By the grace of God, I’m a good judge of character. And I don’t know precisely when it may have occurred, but I believe somewhere along the line (perhaps while he was actually campaigning) God tapped the heart of Trump. I believe he was and IS sincere. I also believe that he really didn’t realize the magnitude and scope of “The Swamp”. He didn’t know just how difficult a job he had really signed up for. But his speech during the Inauguration — no, that man was SINCERE!

        I’m currently deep into the book THE FRANKLIN SCANDAL by Nick Bryant. And as entrenched, dangerous, and potent as that conspiracy was, we’d need to magnify it about a godzillion times to conceive of what Trump is up against. I think he’s made some blunders, but I also believe he is genuinely trying to “do the best job that he can for the American people from within the given parameters”, and while also trying to keep his family alive. (If they can’t compromise and blackmail the subject, they threaten the lives of their loved ones. Most men will cave in when it comes to that.)

        I was saying all along — during the presidential campaign — that unless the Democrats could rig enough dead, illegal, and machine-counting votes, Trump would win. But I also said that the best we could hope for is that Trump could buy America a little more time in order for us to convert more souls to Christ before “the end” (which I believe will likely occur in 2029). The Bible is too clear for me to have ever deluded myself into believing Trump could “MAGA”. And I’m convinced that he too now realizes that. So, he’s trying to win us as many victories as he can with the time and personalities that he has to work with.

        So, Brother, don’t beat yourself up. I don’t think you got bamboozled, snookered, or taken. You got it right. (The nearly countless forces that have been fighting against Trump for so long and with such ferocity PROVES that they perceive Trump as a real, genuine threat to their agenda. They’re not that good at “acting”.) I think we all just need to downgrade our expectations and celebrate whatever Trump is able to do while still keeping his loved ones above ground.

        Sorry for being so long-winded, but I wanted to clarify my outlook and let you know that I truly do not believe that in the case of Trump it’s really a “meet the new boss; same as the old boss” situation. (Love that Who quote though, and I’ve also used it many times in political discussions!)

        ~ D-FensDogG
        ‘Loyal American Underground’

        Liked by 1 person

  2. Judges installed by the Obamanation across the country have largely vacated the Constitution. They are directed now by their Cultural Marxist “feelings.” White Gentiles are being exterminated around the world.

    Liked by 2 people

  3. I had a thought, perhaps a fleeting one, but a thought: since the Washington Metropolitan Area Transit Authority (WMATA) Metrorail system is underground, and since at least some of the alleged human trafficking in and out of the District of Criminals seems to occur (literally) underground, is this joint resolution for purposes of interdiction or facilitation?

    Like

    • I doubt it.

      Even if that were the hidden motive for HJRes 76, it still doesn’t justify it. This law, authorizing search without a warrant, also sets a terrible precedent. For that alone, no matter how well-meaning the intent, HJRes 76 is an evil piece of legislation.

      Liked by 3 people

  4. This is the bastard child of the War on Drugs, and it’s been done before, beginning with the Nixon Administration. I am troubled by this, and I am also troubled by A.G. Sessions’ new efforts to go after marijuana smokers: This and Mr. Sessions’ efforts are an unsurpation and affront to private property with their civil asset forfeiture. That is what this is all about.
    But as is the case with President Trump, I do not expect him, warrior that he may be, to be fluent in the subtleties of Constitutional principles.

    Liked by 3 people

    • “Private property” is a myth, don’t pay your ‘rent’ to the state (aka property taxes) and see how long they let you live on “your” land.
      Sessions is a dupe, and I’m getting the feeling Trump is NWO all the way too. He’s what the NWO has given us to ‘placate’ and ‘pacify’ us as they continue to destroy what remains of our liberties. I got conned into thinking Trump was different.

      Liked by 2 people

  5. Thank you Dr Eowyn for bringing us such a troubling, but important article. I am truly amazed that such legislation could pass. I read the article, but I still do not understand why such a law is necessary. Let’s face it, if the camel gets its nose under the tent one time, we can all be assured that by and by the whole camel will be in the tent.

    Liked by 4 people

  6. It says, “…including, without limitation, property owned or occupied by the federal government.” So… where is the personal, non-gov’t-owned property being threatened? If it were meant to include such property, it would legally have said, “…including, but not limited to…” “Without limitation” is still restrained by the gov’t-owned clause.
    So there’s that subtlety should the need arise to protect personal interests in court.
    Of course, the inclusion of the phrase, “or occupied by” similarly leaves a back-door open to the feds. Such as, in times of martial law. Which are rare.

    Liked by 4 people

    • including, without limitation, property owned or occupied by the federal government”

      The word “including” implies that HJRes 76 applies also to property other than federal government property, i.e., privately-owned property.

      Like

      • I asked an attorney, a former public defender. Here’s what he says:

        “It means that the property in question includes private property occupied by a federal entity, as well owned by the federal government. That would normally mean only leased property. A court would construe the warrantless inspection authority in light of proximity to the railway and the overriding purpose of the legislation, authority to discover terrorist threats to the rail system. As written, only a very liberal court would extend the authority to adjacent totally private land and structures. But this is a gray area, particularly if the authorities are responding to a specific terror threat alert.”

        Like

  7. The Camel’s Nose In The Tent !

    One cold night, as an Arab sat in his tent, a camel gently thrust his nose under the flap and looked in. “Master,” he said, “let me put my nose in your tent. It’s cold and stormy out here.” “By all means,” said the Arab, “and welcome” as he turned over and went to sleep.

    A little later the Arab awoke to find that the camel had not only put his nose in the tent but his head and neck also. The camel, who had been turning his head from side to side, said, “I will take but little more room if I place my forelegs within the tent. It is difficult standing out here.” “Yes, you may put your forelegs within,” said the Arab, moving a little to make room, for the tent was small.

    Finally, the camel said, “May I not stand wholly inside? I keep the tent open by standing as I do.” “Yes, yes,” said the Arab. “Come wholly inside. Perhaps it will be better for both of us.” So the camel crowded in. The Arab with difficulty in the crowded quarters again went to sleep. When he woke up the next time, he was outside in the cold and the camel had the tent to himself.

    Author unknown

    Liked by 4 people

  8. I think Trump got some bad advice.

    At least I hope so.

    Liked by 3 people

  9. My only consolation is,having watched Killary since early in her political career,even NOW,Trump is 100 times better than Killary would have been at this stage of Presidency.

    Liked by 3 people

  10. I should be smelling a law suit, or seeing a trip into court on this one, all on the grounds of it being unconstitutional, which it obviously is. I wonder if anyone will challenge this, as it should be challenged–my guess is it won’t be. What does that tell us, if anything?

    I know one thing–none of those in Congress can ever excuse what they’ve done by claiming they had no idea it went against the constitution, since, as we all know what we are told about that: “Ignorance of the law is no excuse”! If that’s “good for the goose”[us], then it’s definitely “good for the gander”[them].

    Liked by 2 people

  11. I’m not a lawyer, but I believe that the word “include” and its derivatives is restrictive, not expansive, when used in laws.

    “upon any lands, waters, and premises adjacent to the WMATA Rail System, including, without limitation, property owned or occupied by the federal government”

    Therefore, the law appears to restrict warrant-less entries to those owned or occupied by the FedGov. It does not seem to apply to private lands/buildings, which is the only way this could pass constitutional muster. It does not prevent dumb law enforcement from assuming the reverse, and forcing their way in.

    Liked by 2 people

    • “It does not prevent dumb law enforcement from assuming the reverse, and forcing their way in.”
      Thus starting a Court battle that we must pray will be settled by a Just and Honest Supreme Court,eventually.

      Liked by 2 people

    • If that was the intent, the drafters of HJRes. 76 could easily have written:

      “upon any lands, waters, and premises adjacent to the WMATA Rail System, to mean exclusively and only any property owned or occupied by the federal government””

      Liked by 1 person

      • I have to wonder how many of Congress even READ it-they DO have a history of endorsing stuff they haven’t read….

        Like

        • Where to begin? First, they don’t work for us. They don’t read these things, because they are TOLD how to vote. Second, Dr. E is quite correct, although I expect the wording is “just so” to enable them to “tweak” an expansion later.

          Lastly, there are only a couple of very particular circumstances that allow the Government to “own” land. Federal lands are “managed”, not “owned” BY the Government. They are OWNED by The People. The Government is to manage them in “trust”.

          There is a recent trend for them to “buy” and “sell” land as if it was theirs. It isn’t. The Constitution guarantees rights of citizens. It specifically delineates the “rights” of the Government and they are quite limited. It isn’t difficult to see how far they have over-stepped their limitations.

          Like

    • The willingness of courts to use including or includes to restrict the meaning of a preceding noun has prompted perhaps a majority of drafters to resort to the phrases including without limitation and including but not limited to (and their equivalents using includes). The aim is to make it clear that the unrestricted meaning applies.

      Like

  12. Whether or not “including, without limitation” refers ONLY to the property of the Federal government (which seems reasonable, but what would I know, I quit law school half way through) this new law is another BAD law, by virtue of the fact it’s wide open to interpretation. The Congress not only outsources the drafting of laws, but also lacks the integrity to enforce Constitutionality.

    What’s even more alarming is that 100% of the Senate voted in favor of it. The entire Senate and 99% of the House lacks competence. The only positive note is that we can expect this badly written law to be challenged, after some poor soul has their constitutional rights trampled on.

    Of the 1% of Congress that takes their Oath of Office seriously, we can always rely on Rep. Walter Jones (R-North Carolina) to be on that list. He should definitely replace Rat Rayon as House Speaker at the first opportunity. It’s not about parties anymore, it’s about restoring and preserving the U.S. Constitution, which is under attack from every angle.

    Liked by 2 people

  13. I don’t like the language either. Let’s not forget the “Constitution Free Zones” 100 miles of the borders. These things have a tendency to just happen unless tested. If the test comes too late, they chalk them up to precedent.

    Besides the potential Fourth Amendment issues, having another “law enforcement” entity is insane. The only “growth” industry we have now are LE and prisons.

    Like

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