Wednesday, November 03, 2004

Which do you prefer?



I voted Libertarian. I am very proud of that vote. But the biggest question I have faced in the past 24 hours is, "Why, when you would rather have Bush over Kerry, do you willingly and knowingly throw your vote away?" In order to keep this discussion "short", I will simply go through the first ten amendments - the Bill of Rights, the legal standard for the principles on which this nation was founded.

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.

Perhaps the government of the united states has forgotten the meaning of "shall make no law". Federal censorship is a standard of today's society. Peaceful assemblies have been broken up with force. Read this article about the Bonus March of 1932. It will shock you.

Oh, by the way. This article failed to mention that the government used tanks on these American citizens. Think that this is something from the past and doesn't happen any more? Look up Waco or Ruby Ridge.

If the government is so willing to violate our freedom of speech and assembly, what is to stop them from violating our freedoms of religion?

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.

"Shall not be infringed." Not even a little bit. A militia is defined as "all of the people" - NOT the military. There are 20,000 gun laws in the country today. I am not going to get into the whole gun debate, but I am merely trying to show the hypocrisy of our government.

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.

Fortunately this is irrelevant to us. The founders were still upset about the ways the British army abused the colonials pre-revolution. So the government is one for three.

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 too is violated every day. I personally have had my vehicle searched without consent, without warrant, and without probable cause. Blank search warrants are often issued. If they want into your house, they will find a way.

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 offence 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.

Due process of law. During the last four years, Bush gave an executive order making it legal for ANYBODY even SUSPECTED of being a terrorist to be held in Guantanamo Bay, Cuba, in the interest of national security. That means that if YOU or someone you know is suspected of being a terrorist, YOU can be shipped off to Guantanamo and held for as long as they feel it is necessary. Have a good defense? It doesn't matter, because they don't ever have to let you see the inside of a courtroom.

Guantanamo Bay

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.

Did you know:
It takes months to years for a trial to be completed from the date of the infraction.
They are sometimes NOT public. See Kobe Bryant.
Juries are NOT impartial - they are selected by the lawyers involved.
Confrontation by a witness. There are cases resolved every day without a witness.
Also: federal law states that if the sentence is to be less than 180 days, then no jury trial is necessary.

Right now you're probably thinking something along the lines of how the judicial system is too backed up as it is and it is impossible to have a jury trial for every criminal case. Chew on this. The United States of America has the highest incarceration rate of any civilization in the history of the world, and over eighty percent of those incarcerated are for victimless crimes. Wonder how to un-clog the prisons and judicial system? Quit making criminals out of people who haven't harmed anybody.

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 re-examined in any Court of the United States, than according to the rules of the common law.

Same story. This doesn't always happen.

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

How is a homeless guy supposed to come up with $50,000? Why am I fined $1,000 for throwing a gum wrapper out my car window onto a road that my tax dollars paid for?

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

The rights of the people come first. This amendment says that the constitution cannot be used to deny rights that an individual has. Prohibition. The Drug War. Victimless Crimes.

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.

Read this one close. Any power not delegated to the [federal government] by the constitution are reserved to the states or to the people. The entire alphabet soup of government organizations, that you are paying for, that are legal monopolies, that eliminate our free market and turn this nation more and more socialist every day are prohibited in the bill of rights.

The bottom line - The government daily pisses on nine of the ten amendments contained in the Bill of Rights - the guarantee of our freedom. By the time the government does something that you or I don't like, it will be too late. The day when it will be illegal to own a gun or go to church is coming soon. I will not be surprised if it comes within our lifetimes.

Please comment. I would love to start up a lovely debate over this topic.

Also, if you want references that I have not included to the facts that I have claimed, please ask - I will be happy to provide them.


Weblog Commenting and Trackback by HaloScan.com