Save Our Constititutional Rights - Articles - Zimbio

Wanted: Lawyers To Rescue the Constitution

Sun, 10 Dec 2007 21:27:00 GMT

posted by beckychr007

I, like most everyone else, do not particularly care for lawyers, even though technically I am one of them. As a group, they are all too full of themselves, and are predators on the various miseries that plague each of us, and society as a whole.

So everyone always gets a big kick out of Shakespeare's advise to “first kill all the lawyers.” But most people who mouth that bit of wit, do not realize it was the opening salvo in an attempt to institute tyranny.

I was reminded of this when I saw the spectacle of lawyers protesting the suspension of the constitution in Pakistan. As amusing as it was to see pompous lawyers in suits rioting on the streets of Islamabad, it really was rather profound.

When lawyers are sworn into the bar they swear an allegiance to the constitution. And actually every time a criminal defense lawyer is trying to get their slimy client off on a “technicality” they are doing a service to the continued vitality of the Republic's Charter.

But, today the constitution needs more than the daily nutritional supplement provided by America's Public Defenders.

In the last seven years there has been a wholesale assault on the constitution. No institution, except to a limited extent the courts, have stood up to the plate. Perhaps it is denial. A lot of it is complacency. The suspension of the constitution has been gradual enough that most people have never become truly alarmed. Its the old deal about the poor frog in the pot of water, that is slowly heated to boiling—he never notices a thing.

But lawyers, with their training, really should know what is going on.

And it is time for lawyers to get off their fat butts and speak up. As Mario Cuomo said last month in an address to the Federal Bar:

"If lawyers are marching in the streets in support of the rule of law in Pakistan, why aren't we marching in support of the rule of law here?"

One thing lawyers could do is use their considerable persuasive powers to push Congress on the American Freedom Agenda Act of 2007. The stated purpose of the bill is:

“To restore the Constitution's checks and balances and protections against government abuses as envisioned by the Founding Fathers.”

Now if you are a lawyer or law student, one easy thing to do is join in the American Freedom Association's campaign to push Congress to restore all the constitutional rights and protections which have been gutted by Mr. Bush and company.

The campaign is a coordinated project of The American Freedom Campaign, in conjunction with the National Lawyers Guild, the Center for Constitutional Rights, and the Alliance for Justice. A number of law professors and lawyers, including former New York governor Cuomo, have already signed it.

You lawyers and law students can sign up here. However, it will probably end any dreams of getting hired by the justice department during this administration, and give up on being counsel to the RNC, unless Ron Paul is able to take control of the party.

But on the other hand, maybe you are more like those guys who met in Philadelphia in 1776 to sign their death warrant.

If you are not an attorney or law student, why don't you send this link to your own lawyer? I don't think even the most miserly of these guys, will send you a bill for just shooting them an email.

If lawyers, and people generally, don't care enough about the constitution to do little things like this, which can be accomplished while sitting on our ass in front of the monitor, then there is no hope, and we have no right to complain about Bush or anyone else.

Often times I think that is the case. But people can surprise you.

I never thought I would see baggy pant attired shysters leading a revolution against an Islamic dictator.

Tempe Arizona Needles Tattoo Shop

Fri, 10 Nov 2007 08:03:00 GMT

posted by beckychr007

Given the tumultuous times we live in, it is good to know the city council of Tempe, Arizona is keeping its priorities in order.

Tom Preston and his wife, Elizabeth, have operated a tattoo shop in Mesa for fourteen years, and there have been no complaints or problems.

There was an opportunity to lease a building in Tempe on Scottsdale Road, and they looked into expanding their business.

A hearing officer gave them the green light, so they signed a five year lease and sunk $30,000 into the new business.

But then the neighborhood association got into the act. Neighborhood Associations can be good when they lobby for such things as sidewalks and bicycle lanes. But they can also be royal pains in the ass. They will do such things as get zoning ordinances enacted which prohibit the placement of gnomes in your front yard, and they always frown on decent parties.

The neighborhood association lodged a complaint with the city council. One of the more vocal members of the association was Nancy Hickman, who owns a plumbing store in the area.

Mrs. Hickman said "It's going to look like another skid row if we let this kind of business come in.”

Now really, does Mrs. Hickman, and the rest of the association, think their sixteen year old daughters headed off to skid row to get their slut marks?

Not one comment at the hearing was specifically critical of the Prestons, or their business practices. They just didn't want any inking in their their little neighborhood.

Never mind that everyone from construction workers to police officers have tattoos. Preston even said he has given tattoos to Mormon kids preparing to go on a mission. I wonder if any of Mitt's kids have tats.

Yes, even Republicans have tattoos:

So you see Tempe, it really is not quite like applying for a permit to open a brothel with an accompanying opium den.

Actually, the hearing examiner found no evidence the shop would cause any neighborhood deterioration or degradation of property values.

Indeed, the tattoo parlor is expected to generate more than $200,000 a year for the Tempe economy.

Once again, this demonstrates how prone we are these days to cater to the whims of the loudest and stupidest among us. There are other tattoo shops in Tempe. It was just that this little band of ignoramuses didn't want it in their backyard. And the city council was all too eager to please them.

Should a lesbian bar and grill be able to stop a guy from opening a Christian bookstore across the street?

The city council's denial is a a classic example of the infringement of our economic liberties by local governments. These little tyrants will all too often deny an individual the right to their livelihood, solely because of their personal feelings, rather than the rule of law.

The conservative Goldwater Institute has gone to bat for the Prestons, and filed a lawsuit against Tempe.

I hope the court gives the city council a good kick in the ass.

After all, the constitution was written with indelible ink.

Revolutionary Times

Mon, 30 Oct 2007 03:58:00 GMT

posted by beckychr007

We all learned in high school how one of the things which led to the American Revolution was the Stamp Act. This was a law which provided that anytime an American used a piece of paper, it had to bear a stamp. These stamps were purchased at an outfit similar to a post office, which was manned by British soldiers.

But how did the British know whether the people were abiding by this law? They passed a law called the Writs of Assistance. This permitted British soldiers to write up warrants, which would permit them to go and search a person's house for unstamped paper. There was no requirement they go to a judge to show there was reason to believe the citizen had unstamped paper. If in executing these warrants they found a deck of unstamped playing cards, it was off to jail. If in the process they found some untaxed rum, same result.

And we fought a revolution over that.

But, America has come a long ways since the days of King George.

It all started in 1978 when the Congress, under Jimmy Carter, enacted the FISA legislation. FISA is a secret court which meets in the basement of the Justice Department. Under FISA the government can obtain a warrant to wiretap any person who there is reason to believe is a foreign agent. There is no requirement they show reason to believe the person has engaged in a crime or espionage, which is necessary in courts above ground. But, in an effort to get around the requirements of the Fourth Amendment, the law was written so that information obtained with these warrants could not be used in a criminal prosecution.

That same Congress then passed the Right to Financial Privacy Act. Whenever the government calls a piece of legislation the “Right to Privacy” you know it has nothing to do with privacy.

The Right to Financial Privacy Act permitted government agents to self-write a warrant or subpoena for financial records called a National Security Letter. These could only be issued to “financial institutions.” There is no requirement that a judge be involved. However, a banker could still question the letter and notify the person whose records were sought. If challenged the government would then have to go to court to get the records. To meet constitutional muster, and to quiet civil libertarian crybabies, it also provided the information obtained could not be used in a criminal prosecution.

Fast forward to October, 2001. In the aftermath of 9-11 Congress passed the Patriot Act. No one read the Act before its passage. And few have read it today. I tried to read the whole thing one time, but it is impossible if you do not have a copy of the United States Criminal Code with you. Most of the passages in the Act do such things as change “or” to “and” in section so and so, and etc. But, the parts I have been able to read should gag every single American.

The Patriot Act changed FISA and the Right to Financial Privacy Act amongst other things. Government agents are now required to use information obtained with FISA and National Security Letters in criminal prosecutions. To heck with the Fourth Amendment.

And no longer can a banker refuse to go along with one of these self-written warrants. In fact, he or she is committing a felony if they refuse, or even tell anyone they received one. The challenges to this requirement always have the plaintiff as “anonymous” because to reveal their name to a federal judge would be a felony.

And if one day you come home from work and your house is ransacked, you will probably call the police to report a burglary. What you might hear is “sorry—it was federal agents that invaded your house." The Patriot Act permits federal agents to break into your home and plant a listening device without obtaining a warrant from a judge.

It did a few other things, like making it a felony if you reveal what went on in a grand jury, unless you are a prosecutor, then you can leak to your heart's content.

On December 13, 2003 when everyone's attention was riveted on the capture of Saddam Hussein, Bush signed the Intelligence Authorization Act .

Remember how federal agents are permitted to issue self-written search warrants to financial institutions, called National Security Letters. This Act redefined what a financial institution is. Since December 13, 2003 the government can issue these self-written warrants to a bank, trust company, credit company, stock broker, insurance agent, delicatessen, hotel, hospital, bodega, HMO, jeweler, restaurant, lawyer and the post office. And they must comply and can not even tell anyone they received the letter.

The nail in the coffin was the Military Commissions Act of 2006. Since the beginning of Anglo-American Jurisprudence, when a defendant was found not guilty they were released. But, now, even if one of these tribunals finds the person innocent, they can continue to be held if the president has designated them an “enemy combatant.” And note an “enemy combatant” can also be an American citizen.

One other thing you may not know. There are two ways to turn on your cell phone. You can push the power button. The other way, is for the NSA or FBI to power it up if they wish to eavesdrop on your conversations.

In August of this year Congress passed the Protect America Act, which permits the government to permanently tap into the nation's communications networks.

To date, the vast majority of courts that have considered this stuff have found it to be unconstitutional. But the courts can not keep up with Congress, the president and his inventive information gathering agencies.

Congress is so weak and timid they go along with anything. So if Americans are concerned they must elect a president that truly cares about freedom and the constitution. The problem is that, just like in 1776, a large number of the people are Tories and an equal number indifferent.

It really is getting to be about time for a revolution:

Being an optimist, I believe it is not too late to work within the system,

But if we don't-- eventually there will be no choice but to shoot the bastards.

A Nation of Sheep

Fri, 3 Nov 2007 05:34:00 GMT

posted by beckychr007

I just had the pleasure ( if it could be called that since the message is so disturbing) of reading Judge Andrew Napolitano's latest book A Nation of Sheep.

A Nation of Sheep is a continuation of the message he sends in his prior books: Constitution in Exile: How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land and Constitutional Chaos: What Happens When the Government Breaks Its Own Laws.

In all these books Napolitano takes no prisoners in condemning the slimeball Democrats and Republicans who are selling out our country and gutting the constitution.

For the life of me, I do not understand why FOX News keeps the libertarian minded jurist on it's payroll, as chief legal analyst. But it is heartening, in that it shows the popular voice of what now goes as “conservatism” has not totally sold it's soul. But I do wonder whether Sean Hannity and Bill O'Reilly have actually read Andrew Napolitano's work.

But it is good thing, for it is unlikely he would ever get a voice at any of the more liberal media outlets.

In A Nation of Sheep we are reminded of:

--Why our taxes continue to rise, government services stay worse than ever, and we just pay the taxes and re-elect those who raised them.

--Why people in government never acknowledge a mistake and why we accept that.

--Why the government continues to regulate private behavior.

--Why both Republicans and Democrats bring about bigger and more expensive government.

--What happened to our individual inalienable rights to life, liberty, and the pursuit of happiness that are guaranteed by the Declaration of Independence, yet ignored by the governments elected to protect them.

--Why Congress keeps telling the States what to do.

--Why every public office holder swears allegiance to the Constitution, yet very few follow it.

--Why we are afraid of the governments we have hired to protect our freedoms.

For a a preview of the type of things Judge Napolitano has to say—take a look at these clips from his recent talk before the Future of Freedom Foundation:

A voice of reason and liberty in a scary time.

Kids Traumatized by Motel Porn

Mon, 16 Oct 2007 16:03:00 GMT

posted by beckychr007

We are such a messed up society. Violence is rampant on TV, yet only the feeblest efforts are made to shield the children from it. But if they see sex everyone flips out.

I have always thought that sex was a pretty natural thing—except the way I do it. If kids inadvertently spot a couple coupling it is a pretty weird thing for them, but it does not mean they will grow up to be hookers, lesbians or any other kind of deviant.

But I think mine is a minority view on t his.

A mother ,who sued a motel after her two young daughters were exposed to a pornographic film on television, was awarded $85,000 by a jury Friday.

Edwina McCombs of Nashville was visiting Southern California with her daughters, who were 8 and 9 at the time

The family was staying at the Value Lodge in Artesia, when Edwina decided to take a bath.

Who takes a bath in a motel--especially a high class place like the Value Lodge? This alone is a pretty sure sign she is an idiot.

Anyway, while she was sitting there in the cum laced, athletes foot infested bubble bath, the kids turned on the tube and accessed a porn station.

It is unclear how long their virgin eyes feasted upon the debauchery, but eventually they knocked on the bathroom and got Mom out of her luxurious bath.

And of course Mom flipped out. OMG—the children saw fucking!!!

Now this is a regrettable incident, but it does not warrant a lawsuit.

The Superior Court jury awarded Miss McCombs $65,000 in economic damages, which include medical and legal bills, and $20,000 for emotional distress.

In other words she sued the cheap motel for the expenses she racked up in suing them.

And all those trips to the therapist were more for the moronic Mom, rather than the kids, who remain confused what the big deal is all about.

This could only happen to a family headed by a mother who takes baths in cheap motels.

Only in America would a jury go along with her.