Continuing with the destruction of the Constitution, one Amendment at a time, I lay out a case that our government is destroying our rights as laid out in the first original 10 Amendments to the Bill of Rights. Starting back up with the 5th Amendment:
5th Amendment: 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.
Last year in the spring contention came about with the latest passing of the National Defense Authorization Act (NDAA). While the NDAA had been passed many times through the years providing the military with their funding, new add-ons to the law raised more than eyebrows. The right for the Congress to deem a citizen worthy of being detained for unspecified crimes, without an attorney, for an undetermined amount of time, for whatever reason they at the time decide is appropriate, is down right tyrannical. And in recent Executive orders, where the President can declare martial law, the part “in time of War or public danger” is now obsolete.
Double Jeopardy, seems, on the front, to be on the up and up, however a defendant cleared in a criminal case, can be tried in a civil case for various harms done. The O.J. Simpson case comes to mind.
This next part I am especially aware of. Pleading the 5th! The right to remain silent so as not to be a witness against oneself. Think of this: In the new Healthcare laws, when you visit the doctor’s office, one of the questions that they ask you know is: Are there any guns in the home? You have to be wise about this because if you say “yes” you could be subjected to higher premiums, due to safely issues, your information could and is shared with other government agencies, and you could be discriminated against. So I suggest pleading the 5th! Asking the question of my owning a gun, should in no way harm my right to live, liberty and the pursuit of happiness, but answering in the affirmative sure affects my security and my wallet! Could the new laws in the NDAA warrant such an arrest? Possibly, but the real question should be are you willing to risk it?
6th Amendment: 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.
Certainly the NDAA affects this Amendment as well. “In all criminal prosecutions”… couldn’t be more clear that a citizen of the United States that is accused has a right to a speedy trial by an impartial jury. However with so many laws on the books, and last estimate of 170,000 pages of new regulations, plus Obamacare, who knows how many laws people break on a daily basis. These breaking of laws have caused the clogging up of our jails and courtrooms, ensuring a massive need for more judges. Judges who have come through an education system that no longer promote Constitutional law, but instead teach case law. So the right to a speedy trial has certainly been thrown out the window!
The allowance of the NDAA to be passed is abominable to say the least. It totally shreds the citizens’ right to know what he/she is being detained for, to face their accuser, to obtain counter witnesses, and have council! So while the right to have a speedy trial went out the window, the rest of the clause went down the drain with the rest of the bath water. And notice that this year, when President Obama signed the FY 2013 NDAA into law, he did not say that he would never use it against the people of these United States. He had only made that promise when he signed the FY 2012 NDAA into law. Although, those that have already been detained, surely have something to say to the contrary.
7th Amendment: 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.
Enter in eminent domain and Agenda 21! While the citizen in a criminal case should be hidden, the citizen in a civil case with the government is dragged through the mud until they are financially depleted in fighting to keep their business, homes, and property. Growth is a given and it is great to see in a community, as long as equal compensation is given to the private owner. However case after case, has shown that government whether it is State or Federal, have bullied their way into settlements, thereby limiting the citizen’s right to a trial. When brave citizens do dare to go up against Goliath and his mammoth take over in the name of a “sustainable development”, in more cases than not, the citizen is left with the few possessions he has, and forced to change his life style.
Agenda 21’s push for environmental laws is forcing citizens off their lands. Home businesses where family farmer’s markets are going under, due to laws that restrict selling of foods that “haven’t been regulated” and are not “FDA approved.” Starting this year a new law to help protect our food. “For the first time, FDA has a legislative mandate to require comprehensive, prevention-based controls across the food supply.” Cities and counties in the State of Utah have already asked citizens to register their gardens with the state, including information on what they are growing and how much. www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
There is so much information on this that it is hard to limit the content. However just this little bit of information already shows how the 7th Amendment is clearly not an option for most Americans who are being taxed out of business and home, along with the theft of their property.
8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Does anyone being held in the county jail even know this Amendment exists? While I agree that for the most heinous crimes, bail should be revoked, I believe that the Courts have thoroughly usurped this Amendment, and prosecutors have allowed it! We all love watching the various courtroom scenes when the defense attorney supposedly over steps his bounds and the gavel comes out with a resounding “Order in the Court” only to be followed by a contempt of court, because the judge was personally offended! Man, if I could impose I fine for every time my feathers were roughed up, I’d be rich!
As for unusual punishments – could you imagine if our teens found out about this one?! Humor aside, the punishment does need to equal the crime, as that is what is traditionally equal justice!