Showing posts with label The Law Itself. Show all posts
Showing posts with label The Law Itself. Show all posts

Wednesday, April 23, 2014

The Law...Itself! Part Last



Hey People!!  I was pretty sure I was all fired up to do new articles again in this blog...and I am!!  Really!!  Except for today.  No, today, I'm simply going to re-do this one, with a significant bolster in the number of paragraphs, from it's original version.  Sorry, it's the best I can muster.  This time.

OK, as promised, we're going to cover the rest of the Constitution's Amendments, the ones immediately following the bill of rights.

Amendment 11 states that any U.S. Citizen can sue the state.  (1795)  Keep in mind that nowhere does it say you'll win, or even have a chance of winning.

Amendment 12 Is an Amendment that specifies the Electoral College, used and key in electing the President and Vice President of the United States every 4 years.  This was put into effect in 1804, and the votes of the electoral representatives do NOT have to represent the popular choice.  \Instead, the electors (the people assigned to vote for each state, dependent on the number of representatives each state has in the U.S. House of Representatives) are generally pre-pledged to vote for a candidate.  There are a couple of states that vote according to the popular vote, but the rest work on the pre-pledged vote system.  OK?  Then why do we vote at all?  Wasn't it silly then to ask for a recount of the state vote in Florida back in 2000?.

This method of voting for the 2 highest offices has been, many times, accused of being un-democratic, and I agree whole-heartedly.  The representative electors should, as the term is defined, represent the way the state votes, not by the person the electors think should be in office.  This has caused a ruckus a couple of times in our history, especially the afore-mentioned 2000 Bush election.

If this system of voting for the President and Vice President were ever in place for a good reason, it isn't any longer.  This method is outdated, unfair and NOT the way of the people of the United States.  This system also leaves too much room for corruption, and if it seemed that the electors didn't favor the candidate, even though it was obvious that the candidate was the people's choice, it could, someday produce some nasty results.

Amendment 13 is the Amendment that covered the freeing of all slaves, and abolishes all "servitude."  (1865).  

Amendment 14 Defined U.S. Citizenship and what was required to qualify for it, and defined also and put into place "Due Process", "Privileges and Immunities" and "Equal Protection".  (1868).

As for those of you unfamiliar with Due Process, Due Process means that you are, entitled, when accused of a crime, to go through the system, fairly; in other words, you are entitled to be heard and have a fair trial before your life or liberty are taken away from you.  These days Due Process could be detailed as you not having to say a word, you can retain an attorney (and if you can't afford one, we'll assign you one), then you have the right to your arraignment, then your day in court, then you have the right to appeal if you feel you didn't get the right judgement.  The only thing I have trouble with, is prior to your your being jailed, and most definitely prior to your being jailed upon sentencing (after being found guilty) you are supposed to be heard first...so why are we always jailed while we wait to be heard?  Isn't that depriving you of your life or liberty?  I think so.  Like I said, guilty until proven innocent.  Oh sure, you can pay your unreasonably high bail and be free til your trial.  For most this usually involves having to give up your first born male child, your left leg and anything you have of value, along with anything your family has of value, your friends have of value, etc.  Essentially, it would seem that high bonds are issued to the people the courts don't want to go anywhere.  This is hardly democratic OR constitutional.

Privileges and Immunities basically states that you, as a citizen of the United States, in each state that you as a citizen reside in, are entitled to the same privileges and immunities no matter where you are in the U.S., and without prejudice.

Equal Protection just means that the people of each state shall receive equal protection where the law is concerned.  This means that one person doesn't get treated any better or worse than the next.  However, I have real issues with this rule as well, which means, of course, that we'll be back to this as well.

Amendment 15 states that no one is to discriminate against any voter because of race, color, creed. (1869).

Amendment 16 says that congress is allowed to tax incomes (1913).  Where I haven't really had many issues with the prior Amendments in this post, this one deserves an entire post (or posts) all on its own.  We'll be back, naturally.

Amendment 17 Specifies that congressmen are elected by the people directly, and not by representative officials for that particular state, as it had been prior to that. (1913).

Amendment 18 Prohibition of Liquor (1919).  This one could be construed as controversial (and it was later extremely so), when it's put in the light of other abused substances that we had then and have today.  Later, this Amendment was repealed, because it was feared that liquor being prohibited would cause more issues than the Amendment solved.  Of course, we shall return to this subject at a later date.

Amendment 19 gave women the right to vote (1920).  Right!

Amendment 20 expresses the duties of the outgoing, as well as the incoming Presidents, and the time that their offices ended and began.  It also covers congressionals as well, and when their terms began and ended officially (1933).

Amendment 21 repealed the 18th Amendment (1933).

Amendment 22 defines how many times a person can be the President of the United States and covers any special circumstances, such as if a vice president took the place of the current President for any reason (1951)

Amendment 23 simply allowed the District of Columbia (barely the size of some major cities and not a "state of the union" per se, to carry the minimum amount of electoral representatives (1961).

Amendment 24 only prohibits revoking a voter's right to vote because he didn't pay the poll tax (1962). There were only 5 states that still had a poll tax at this time, and this amendment essentially brought the tax to its end.

Amendment 25 basically re-enforces Article 6 of the Constitution, and explains in more detail the process and times when replacement of the President and/or the vice president is necessary (1965).

Amendment 26 Made it legal for 18 yr. olds to vote (1971).

Amendment 27 Delays laws concerning congressional salaries from taking effect until after the next election of representatives.  This is one I love.  This law was brought to the table in 1789 and not ratified until 1992.  Gee I wonder why.

By the way...I did NOT know some rather disturbing facts concerning the office of the President of the United States, unbelievably, 'till I was almost 50.  Because of this, I feel it's my duty to inform you, America, to regrettably point out where a great deal of your tax dollars are really going.

For one, while he's in, our President pulls down a cool $400,000 a year. I always believed it was $200,000, so I was quite surprised (in it's defense, the salary was $200,000 until 2001.  Evidently that was the last I'd heard of the salary going up, until this year).  But that's not all.  We also give him an additional $169,000 more for expenses he might incur during his term(s), such as travel, a tax-free expense account and an "entertainment" account.  I know, myself, that the base $400,000 would have more than covered these extra expenses for me, to be sure.  I was wowing at $200,000 a year, I sure didn't think it was anywhere close to $569,000.

I also never knew that, once the President steps down, that we pay him a pension until the day he dies totaling $200,000 a year, charged again to the taxpayers.  We take care of him until he kicks the bucket.  FOR REAL AMERICA?  This has been going on since I was born, did you know that?  I sure didn't.  Here's another one, he also gets security personnel to watch out for him (it was for only 10 years after you stepped down...another Grand Obama Executive Order) for THE REMAINDER OF HIS LIFETIME!!  Unbelievable.  Did I agree to any of this?  I'm pretty sure I did NOT.

So lemme get this straight.  It's not enough that we paid this guy $2,276,000 in total pay for four years, or $4,552,000 for eight years.  Then, we gotta pay EACH president that's still alive, probably averaging around 4-5 a year, $200,000, or, a million or better dollars a year, out of our pockets.  Oh, I'm sorry, lest we forget, also, the pay, health insurance and other benefits provided for the post-Presidential security staff for each of these ex-Presidents until the day they die.  I'd love to see what kind of pay they're getting for this!!

And the cherry on top?  If they were Senators prior to the Presidency (and we all know that most of them were indeed), they not only get the Presidential Pension...they get an EX-SENATOR'S PENSION TOO!!  Wow.  Most of us Sheeple don't receive pensions until after we've worked for 30 or 40 years...depending, also, on whether the guys at the top are crooks or not; and this guy gets TWO, after only 4 or 8 years!!??  And even if all is legit, we grunts usually have to put in at LEAST 20, if not 25-40 years to get ours.  It's possible that it MIGHT be enough to live on, depending on what we did for a living. Granted, my job probably wasn't nearly as hard or stressful as the President's job...but then I'm not getting paid $400,000 a year plus expenses, either; nor is it likely that I will ever see that kind of pay.  Think about this, while you let all of that sink in:  We've been paying Jimmy Carter....for NOT being the President, for 33 years.  Yes, that's right. 33...long...YEARS.

C'mon kids!!  I can see giving these guys some unemployment for a year, and, if they were awful Presidents, maybe we'll pay for a year or two's worth of security for them (if you were an a terrible president, I can imagine that it'll take one or two years afterwards for everyone to quit being pissed off and blaming you for their lives, granted).  It's going to be hard for some of these guys to get another job, I'm sure!  I can see that, especially after he cost America jobs during his term and more than likely lost people money or their businesses.  It's really too bad when you have to put something like that on your resume, or when you have your new job call the White House, and they receive a less than stellar reference of your job performance.  Who wants to hire a guy that screws things up that badly, on a national scale, after all?  But that's really no excuse to willingly cover for him and every need he has until the day he dies, especially for this sum of money.  Let him get back out there in the trenches, let him fall back on what he used to do before he was famous, right here with the rest of us; and our 10% or better unemployment rate; and have him get another job!!

Let's wrap this up, OK?  As you can see, for the most part, a good portion of our Amendments are insignificant, and don't carry much weight or cause much controversy, the more blatant exceptions being Amendments12, 13, 14, 16, 18. 26 and 27.  Yet, these Amendments are all, in their way, important or influential in some way to our life as it is today...and a good portion, aren't so much.  We will, of course, be revisiting these Amendments as we come to reference them later, no question. Some are real conversation starters, and can lead to good heated debates.  I myself LOVE a good heated debate.  To all a good day, and see you tomorrow!!



Monday, April 21, 2014

The Law itself!...Part Deux

Ok, kids, we're back.  I believe we were on Article 6, right?

Ok, this one starts making me mad.  The Constitution?  It's the law of the land, judges shall adhere to this, govern us with this, and shall not go against the grain.  If it's not working out for you?  See Article 5.  That's what I see here.  We can change it as we go.  The Constitution has been Amended to suit our needs 27 times now.  I think I see a pattern here.

On to Article 7, before I get upset.

Now here's one I can get on board with.  Ratification.  At least in this definition, and what it entails.  We wanted to ratify the Constitution before we let it rule us.  Send it out to the people, and let the people decide. We probably pretty much skipped the "Let them fully understand what they're reading and what they're getting into by doing so" part, but hey, this way, we have NO one to blame but ourselves if we didn't really put the effort into getting it first, right?  This is the way things concerning our government were meant to be...and should ALWAYS be people!!  At no time should we let so many people who represent our state change our Constitution or elect our presidents for us.  This essentially breeds possible corruption.  Get rid of the Electoral college...it's not needed.  Funny how that's the only thing we have a "college" for as far as elections go.  We are allowed to personally elect everyone else...but our head?  We have people for that.  Uh uh.  Give it back to America and it's people. We don't need no steenkeen' college to tell us what's happening.

All I have to say about ratification is, if they sent it out to us to ratify on the original?  Should have been done for every...single....Amendment as well.

Now, before I move on to our last 17 Amendments...let's visit the Bill of Rights, shall we?  (For those of you who don't know it, the Bill of Rights consists of the first very quick Amendments, 10 in all, needed to pacify the people and fast, so they'd accept the Constitution.)

Right #1 - Freedom of:  Religion, Speech, Blogs (the Press), and the right to complain about the Government without worrying about the Government getting pissed off and spanking us.

Freedom of this stuff?  Right on.  Encore.  Wunnerful.  No problemmo Muchacho.  Let's talk about that last one though, huh?  What about the situation when we let our government keep too many secrets, let it get crazy with power, or just roll over too much?  Think about that one.  We'll get back to that one too.

Right #2 - The right to bear arms

Ok people.  Here we go.  This Amendment served only one purpose in its day.  Make sure the Government doesn't get too big for it's britches.  Doesn't have a damn thing to do with your personal arsenal, or your right to have a gun in your possession.  Don't get me started on this, I will go on all day.  It served its purpose in 1791, it needs to be shucked in favor of new law.  Gun-happy conservatives will have you sure that this means you can keep enough guns to make your own army at home, we gotta nip this gun-happiness in the bud before it gets any worse for us.  Another one we need to get back to.

Right #3 - No Letting the Government stash soldiers in your home in order to make sure we don't rebel.


See Right #2.  Like Right #3, #2 should have never been seen as controversial, and should never have been ruled by a supreme court.  It's outdated, as is right #2.

Right #4 - No waltzing into someone's home just because they believe they should have that right.


This is one gonna be huge someday, and sooner than you might imagine.  I really and truly need to get back to this one.  By the way...right to privacy, or expectation of privacy, here's one I bet you didn't know.  Let's say you're super paranoid...and you cover all your windows with thick black garbage bags...but you don't get one...little...2 inch in diameter hole covered...and the police come along, and they happen to look in this hole, and it shows something they believe to be illegal...drugs, guns, anything...they can come into your home without a warrant, did you know that?  We'll come back to this...

Right #5 - Thou shalt not be required to tattle on yourself, and you shall not be tried 2x for the same thing.  What's more, you shall be informed of your rights before you're interrogated by an enforcer of the law.


This one bothers me in oh so many ways.  Another one I could go on all day about.  By the way, that last part was decided in Arizona v. Miranda (Arizona 1996), and wasn't part of the original Amendment.  But we can change things as we go, remember?  And I don't know about you, but law enforcement officials start interrogating me the minute they come into view.  Those rights should be shouted out before I even get within earshot.

Right #6 - The Right of the Accused to enjoy (I love the use of this word here...and the fact that I've yet to enjoy this, whether I enjoyed it or not) a speedy trial by an impartial jury (decided impartial, not by me, but by the lawyers, who are the next best thing to Judges).

Not only is this the most Bullshitty right, it's also just plain old wrong.  First, no one in this day and age has "enjoyed" a speedy trial, nor has there ever been an impartial jury, nor has the jury ever understood one bit of what's going on in a courtroom.  See, here's the problem.  You're called to jury duty.  You show up, and 5 minutes later you're being told to go home, because you don't fit the bill, as far as one or the other lawyers is concerned.  Or worse yet, you're kept because you DO fit the bill.  I would be very afraid of this.  As far as we know people, the lawyers are keeping me because my IQ barely broke 50, and I'll roll over when the lead juror says "GUILTY"...how do I know??  I don't.  Impartial jury of my peers?  I don't THINK so.  This to me means we send out 12 random letters.  12 people show and are the jury.  THAT'S an impartial jury. Not that it matters what we say anyway.  The judge can overrule, it's called "Judgement notwithstanding the Verdict"...look it up.  We will oh so get back to this one.

Right #7 - In civil matters concerning more than 20 bucks, the judge can't overrule the jury's decision.


Another bullshit right.  Why is this even here?  It's not ratified anyway.  If this doesn't scream "Constitutional Revamp", no right does.

Right #8 - There shall be no unusual bails or fines, and no capital punishment.

Except when we think there should be.  Bullshit right number 3, this one is one of my favorites.  Doesn't this mean no 1,000,000 dollar bails?  100,000 dollar fines?  No Gas Chamber?  I think it does.  We will, of course, get back to this one...

Right #9 - The rights we haven't talked about ever here in our constitution shall be protected.


Huh???  Ok, Bullshit right #4.  What the hell people?  So if I just come up with the right to pick my nose in public, this right is defended by the Constitution?  OK, so maybe picking your nose is reaching a little.  This Amendment was fundamental in deciding the right to abortion, that sort of thing.  Yup, you got it, we'll be back.

Right #10 - The rights not delegated to the Government are then passed on to the states, then to its people.

Okaaaaaay.  This is the one I'd love to address and soon.  Basically, this is where I think someone was really brainstorming about the role of the government.  See, here's the thing.  The Government was ALWAYS supposed to be there to service us, not the other way around.  This Amendment didn't come from "We the People", I bet.  What's more, someone stuck this one in as a safeguard for the government.  What this says is, the Government is king, and the people get the last say-so, if we're lucky.  What "We the People" don't understand is, the government wouldn't be the government if it wasn't for the people.  Please see Article 3 immediately, and see also Article 7 where I slam the Electoral college.  We'll be back!!

All right.  Part III will, of course, cover the other 17 "CHANGES" to our Constitution...See ya!

Sunday, April 20, 2014

The Law, Itself! - Part I



Hey America! What you're about to view is a blog that I've written, about America's Deadly Sins. This is the preamble to the worst of them, and I'll lay them out to you one letter at a time.

First, however, I'd like to start with my favorite subject, the Law; American Law, itself. As a student of law (I took pre-law in order to be a paralegal, which I later shucked for the better idea of becoming a politician, in the very near future), the law has become one of my favorite subjects (coughs...then sputters a little). I didn't want to overdo it however, since I believe, personally, that our law is lacking some essential nutrients that we need in our daily diets.

Let's start with our current grand-daddy, the paper of all papers - yes, I'd like to examine what we talk about pretty regularly, The Constitution of the United States.

Here we have a paper written in a small, poorly lit room, by a few guys who wanted to take the land they "discovered" (years before this, of course) away from some passive Indian fellas they met, because England was just too damned small, in 1790, some 235+ years ago...and you know? The king sucked, the way they run things over there...that sucked too. It should be said that, up to that time, America was broke, the money they had been printing was worthless, the army was being deserted, and the money they had borrowed up to this point from international sources was due to be paid...and we defaulted on our loans (sound familiar???). So they pounded down a few pints of ale, adjusted their wigs, and proceeded to score out for us the way things were, and the way they should be instead. Then, when they were finished, they handed the pen over to the most overbearing and self-conscience one of the bunch, John Hancock to sign it first.

By the way, the language you've read over and over again? We borrowed it mostly from England, the Iroquois Indians (I'm surprised these guys even gave us the time of day) and, my favorite, LATIN...the dead language of the ages. 

By the way, I've always wanted to know...how can a language be dead if it's being used? Never did understand that one...

So anyway, George, Ben and the boys got together, ordered pizza and brew, then slammed it out. Let's just essentially cover the basics, shall we?

First of all, let it be known, that the country we hated so much, England, was the main influence to our new paper.  Ideas like their judicial system became the backbone to the way the law would work.  Things said, like "Innocent until proven Guilty?"  A wonderful set of words; I'm still waiting to see that in operation, as yet.  If there were any truth to that being the way of things, house and citizen's arrest would be a lot bigger than they are.

Let's start with the preamble.  America?  This paragraph represents us at our best moment...our finest hour, our best day, and from what I understand, it won paragraph of the year.  In this writer's opinion, this is about the only thing that shouldn't ever change about the Constitution.  This is constitutional grace at its best.  Don't go changin'....As I might just bring up later though, this is when we chose to start bullshitting the U.S. Populace, and misrepresented things a wee.  In particular the phrase "All men are created equal", as they took their breaks, and asked their servant slaves to bring them a snack.

Not un-like the weather in my home state of Iowa, where we have a nice day one day, and a blizzard to follow it up, well, we move on to Article one.  This is the article that defines congress, representatives, how many each state needs to have, their qualifications, their limits of power and terms in office.  Article two addresses our President, his qualifications, his term, and his power.  Please note:  Nowhere in the constitution does it say this man or woman (the President) has to be wealthy, old, spoon-fed, well-schooled, or perfect.  The one thing I love is that it says that the president shall preserve, defend and protect the Constitution.  He/She takes an oath everytime he/she takes office, that he/she is not allowed to change what it says, the way I interpret it.  How well did we stick to that?

So, from what it says, then, anytime a President is in office, and approves a modification or an Amendment to the Constitution (or employs the "Executive Order"), he/she would be breaking their oath, I would think.  I also like that they aren't able to raise their compensation while in office...but on the other hand, why aren't they allowed to lower it?  That doesn't make any sense, does it?

Article 3 blah-de-blahs about our judicial system and how it works, pretty much all stuff we learned in Poli-sci a million years ago.  Funny thing though, you ask most people how our system works, and what the hierarchy is?  They couldn't rattle it off to save their lives.  Another thing I love about our Constitution and the law that it defines, is that most people do NOT understand a word of it, unless they're involved in the legal field in some way...and even then I wonder.  Trust me when I say that this will most certainly be the focal point of many future blogs, since I have studied the law myself.

Article four rattles on concerning the relationship of the fed to the states, and produces such standards as "the full faith and credit" act (Bet most of your family has no idea what that is), and the "priveleges and immunities" clause (and I GUARANTEE most of your family doesn't know what THAT is).

Now we come to Article 5, which allows the Constitution to be Amended.  In other words, you can change the Constitution.  What?  Wait.  Ok, no...huh?  Now just a minute.  The Constitution is to be protected...defended...and preserved...but if we wanna change what it says, that's OK.  If we don't like what the first guys had to say, it's no problem.  We can just smooth it or tweak it, as long as we have a majority vote.  I'm sorry, but this to me is anti-preservation.  Black and white, we just change what we don't agree with.  But in this fashion, we just do it with more subversion and finesse.  Nice.  I'm not going to get into this right now, because it would take more brain power than I wish to expend at this time.  We'll come back to it, I swear.

TO BE CONTINUED