Friday, April 1, 2011

Do you have any rights left

OK... We've covered religion, now let's cover something a little less clear cut, a little more touchy. What rights do we have? Plenty? Some? Any?
I don't know about you but I'm tired of the Government I hired...oh excuse me..."elected" making laws that reduce my right to life, liberty, and the pursuit of happiness. So let's go over our rights as set forth in your favorite document and mine...the U.S. Constitution. (Que dramatic music...Dum dum duuuum)

 Bill of 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. Ok... here we go, this one is easy... GONE!.  
What! are you serious! we have our first amendment rights!
No we don't! One right at a time,
"...no law respecting an establishment of religion or prohibiting the free exercise thereof..." Ever try to lead a prayer in a public school? Oh wait...that's right, it's against the law! We no longer have "freedom of religion" it has been perverted into "freedom from religion".
"...or abridging the freedom of speech, or of the press..." This one isn't so easy, because they didn't outlaw free speech.
Oh thank God! At least we still have that.
WRONG! They didn't outlaw it...they made it "Politically Incorrect" If your views are not "PC" you are ostracized, shunned, blackballed! If your views are out there enough, you lose your ability to make a living. And maybe, just maybe, if your views are *GASP* NEGATIVE towards an individual or group of people, then it just might be illegal! And that's just a private citizen, if your a member of the press it's even worse! If your views are even slightly left or right of center, forget it! Unless you have serious money and/or a huge following with lots of money...."You're Out! Slowly...over time...and ever so gently...our ability to speak our mind is eroded away. Is your frog boiling yet?  

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. Hmmmmm. let's explore this one...
Oh here it comes! The old "They can have my gun when the pry it from my cold dead fingers!" argument. Time for the NRA speech! 
HA! WRONG AGAIN! Sorry, I got carried away. Anyway, this right was created to keep the American people from falling prey to a totalitarian regime. Well guess what, those days are long gone. At the time this was written, the government had muskets and cannon, and so did the people. Now the government has "smart bombs", Stealth aircraft to deliver them quietly and nukes. The people...still have muskets. We can't even own a revolutionary war era cannon unless it's filled with concrete, or the government gives us a "Special permit". So the chance of staging a revolution these days is right out.
Having said that...I must say this as well. WE HAVE ENOUGH GUN LAWS!!!!! Gun laws only apply to those who obey the law. So please, please, please...don't restrict my guns any further! The average person is no threat to the government, so there is little to no chance of becoming another Libya. So please, at least let me legally carry the same weapon that the gang-banger down the street carries illegally.

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. Well now! Here is an unusual situation. This Amendment is never debated, in fact it is rarely even mentioned, why is that?
Because the American government would NEVER put soldiers in our houses! We have bases for that and they don't need to!
*Que annoying BUZZ!* Wrong answer! There have been 3 times when the U.S. Government violated this amendment. First, during the War of 1812, then again during the Civil War, U.S. soldiers were MANDATED to stay in private homes within an area of battle or even anywhere along their path.
I must digress a little at this point, there is one very famous incident that, although it isn't a private residence, the people that lived there might have had a case for their 3rd Amendment rights being violated. REMEMBER THE ALAMO! A church mission, taken over by American soldiers. None of these incidences were EVER challenged in court!
The third, and most recent case of a violation of the 3rd Amendment took place in April and May of 1979. It was the ONLY case in the history of the United States to directly involve the 3rd Amendment. Engblom V. Carey, a case tried in New York. In 1979 New York Corrections Officers went out on strike. Two of those officers were evicted from their on site residences without notice or hearing. Their houses were used to house National Guard troops. These officers filed suit, claiming that their 3rd Amendment rights had been violated. District Judge Robert W. Sweet summarily dismissed their claim, stating that the officers were not protected by the 3rd amendment because the prison owned the building they lived in. It wasn't until 1982 that the United States Court of Appeals 2nd circuit decided they might have a case.

The point I'm trying to make on this one is that if the government chooses to violate your 3rd Amendment Rights, there is NOTHING YOU CAN DO ABOUT IT! At least not until years and lots of attorney's fees  later.

  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. FORGET IT! This one is long gone!

What!? No Way!!! They can't search my house without a warrant issued by a judge!
Wrong again my friends. The Patriot Act, allows Federal Agents to write their own warrants if they "suspect" you of terrorist activity. "They" have since taken this to mean ANY ILLEGAL ACTIVITY. That's right, we are now at the mercy of the honesty of the individual Federal agent who wants to search our houses. Call me paranoid, but I don't trust anyone involved with the government to be honest.
But if you don't do anything wrong, they won't want to search your house.
What about if something you have always done, suddenly becomes illegal?
How can that happen?
Remember prohibition? What about Anti-Marijuana laws. It wasn't always illegal to grow certain plants. But those things are bad for you! They make people do bad things. That's why the government made them illegal! Ok, well guess what. Have you ever baked a pie from scratch? Ever eaten one? Well most pie crusts are made with Vegetable shortening. Also known as Crisco or Spry. A substance that is "Bad for you". "Trans Fat" causes heart disease and death!!!! Prior to 2007 shortening had massive quantities of Trans fat, did you know that in California it is illegal for restaurants to use products known to contain Trans Fat. Now I don't expect Federal agents to come busting in my door to grab my can of Crisco, but you get the point. The Government makes things illegal that never were before ALL THE TIME! What happens when something in life that you enjoy is suddenly outlawed? Will you keep doing it and risk arrest? If you do all an agent has to do is "think" you are breaking the law, or at least say they believed you were. What happens when one day the government outlaws religions that don't follow "Politically Correct" beliefs? That can't ever happen!!!!! That would violate my 1st Amendment.....oh damn! Now your catching on!

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.

Oooohhh! The BIG one!!! well, I'm going to lump it in with one other...
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.

Ok, here's the deal. I'm going to say one thing GUANTANAMO BAY!!!! Oh but our great and fearless leader is going to close that horrible place!!!!  Watch the video below, then we'll talk.


....Oh damn!!! I had no idea he did that!!!

I'm sorry to be the one to break it to you, but every President since George Washington has done things that most people don't know about. Very few have ever been caught. Oh, and by the way, it's not restricted to one political party or another. Just in the last 3 decades every one of them has eroded our rights.
Oh, but those people are extreme cases! Did you know that in a criminal trial, no matter what the outcome, the defendant can be tried again for the same crime. Now your just lying! That would be Double Jeopardy!!!  Anyone ever hear of OJ Simpson? How about Michael Jackson? These are just two of the most famous people to be acquitted, then tried a second time in another court for the same crime. That second trial is called the "Civil Case". This is a process by which, even if a person is found "Not Guilty" by a jury of their peers, they can still be held responsible for a crime they did not commit. If you ask me....THAT IS DOUBLE JEOPARDY!

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Let's break this down shall we? Excessive bail...Websters defines Excessive as: "Going beyond the usual, necessary, or proper limit or degree; characterized by excess." If bail is set so high that someone cannot afford it, isn't that excessive? And, shouldn't the bail for a crime be the same no matter who commits it? The point of bail is to ensure someone will be motivated to stand trial, then it should hurt! And a rich person would not be hurt by the bail that would hurt a poor person. OK, then the bail amount should be set based on a percentage of a persons net worth and that percentage should go up based on the crime. A working class stiff that gets arrested on a misdemeanor should not have to sit in jail awaiting trial for months because the bail is set too high. What about a homeless man who get's arrested for urinating in public? Should his bail amount be $1,000.00?  

Excessive Fines... This one is easy. In most states if I get a ticket  and I don't fight it, the fine is usually $10 for every mile an hour I go over the speed limit. That's not excessive!!! Your right! Finally! However! Damn! In Los Angeles, in addition to the fine, there is what are called "Court Costs". These "costs" are suppose to cover paying Judges, Court Reporters, building overhead, etc. Ok...that's fine. But if I don't go to court, why do I have to pay these costs. That's where they violate your rights and get away with it. That's not excessive! You should pay those costs because someone still has to process the paperwork. In California I can pay my fines on-line and a computer does all the work. Oh and by the way...Court Costs are calculated as 150% of the fine. So my $50 ticket for driving 5 mph over the speed limit just became $125 where does the "excess" $75 go? To pay the computer?

Cruel and unusual punishment...Hmmmmm? In this modern "enlightened" age we have a penal system that is more humane than it has ever been!   HA! HA-HA! I say!. Oh sorry, my smart asstitude came out. Is that even a word??? Well it should be! In 2009 there were 395 Non-execution deaths in California prisons. Of those deaths, 133 were cancer related, 25 were suicides, 14 were drug overdoses, and 10 were murders. Of the 395 deaths 43 were deemed "potentially preventable" by a review board. Of those, 10 were Cancer, 9 heart attacks, 3 end stage liver disease, 2 cases each of Coccidioidomycosis; Diabetic Ketoacidosis; Drug Overdose; Pneumonia, and 1 case each of Acute Water Intoxication (seriously no one saw this guy drink gallons of water at one time); Aortic Aneurysm; End Stage Kidney Disease; Endocarditis; Gastric Ulcer; H1N1 Influenza; Hepatic Hemangioma; Pancreatitis; Small Bowel Obstruction; Stroke; Subarachnoid Hemorrhage; Suprapituitary Tumor; Upper Gastrointestinal Hemorrhage. All of the medical cases were deemed caused by "lapses in care". Do you notice something? MURDER IS NOT PREVENTABLE IN PRISON! It seems to me, if someone is convicted of a crime, a stint in California's overcrowded, murderous, disease ridden prison system, would be "cruel and unusual" punishment. Especially if all you did was steal a necklace from a jewelry store...Oh sorry, "borrowed".


So I will ask it again....Do you have any rights left? You tell me.
 
 
 







   
 

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