Thursday, June 30, 2005

Liberty!! Part III - "... dominate our lives and interests"

"The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government - lest it come to dominate our lives and interests." - Patrick Henry

And dominating our lives it has. In fact the Gov't has gone past domination into intrusion, restriction and perversion. Let's see what we can find on how the Gov't has violated our rights:

Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

- prohibiting the exercizing of religion (this is just one example, there are thousands more)
- abridging the freedom of speech ( again this is just one example, there are hundreds more)
- Hate Speech
- Hate speech and violation of peaceable assembly

Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

- This Right has been abused so many times, that I could spend two days finding links, but why don't we just look at the big ones: the National Firearms Act of 1934, the Gun Control Act of 1968 and the worse one the Brady Bill


Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

- I think the Gov't must have missed this one, because they haven't abused it as of today

Amendment IV
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.

- Unreasonable seizures

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

- We all know about the Supreme Court ruling allowing the Gov't to TAKE our property for private use
- This recent ruling has the people up in arms about our right being violated by the Gov't and has caused a groundswell of opposition

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

- Talk about speedy trial, how about being held for 2 years, without bail!! That's what happened to Kevin Mitnick
Following his 1995 arrest, Mitnick was held without bail for over two years before sentencing. He has said that he set some kind of United States record by being held for four and a half years without a bail hearing, while also held in solitary confinement for eight months "in order to prevent a massive nuclear strike from being initiated by me via a prison payphone." Jail officials stated that Mitnick could have launched the deadly nuclear strike by whistling into the phone and pressing a few numbers on the dialpad, though this has been confirmed as only a rumor.


Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

- See above, how about 4 1/2 years in jail without a trial

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

- Again see what happen to Kevin Mitnick, no Bail and solitary confinement for eight months

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

- This is catch all Amendment, saying that rights that are not explicitly written in the Constitution can not be denied. But what about property rights?
- Gov't restiction on land use - Environmental Sensitive areas, and wetlands

Amendment X
The 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.

- This Amendment reserve to the states, or to the people themselves, any powers neither delegated to the Federal Government nor specifically prohibited to the states by the Constitution.

- Here is an article with several violations by the Gov't of States Rights


As I have pointed out, our Rights in the Constitution has been repeatedly violated, with the Supreme Court upholding these violations. Our way of life in America has changed drastically with the Liberal advancement of an activist Judicial System, and an intrusive Gov't. The last part of this series will deal with what we can do about this continued erosion of our endowed rights.


Mr Minority