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Saturday, July 11, 2009

We the people...have been violated!

I decided to look over the Constitution and the bill of rights as I have many things that I wonder "why" on.

A bill of rights: A bill of rights is a list or summary of rights that are considered important and essential by a nation. The purpose of these bills is to protect those rights against infringement by the government.

I decided after reading "the bill of rights" that many of our rights are being violated and I just wanted to say "I didn't say that...I didn't agree to this..."

Bill/amendment #1.
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.

Based on the first amendment above...why is it that you cannot pray in school? Why is it that students cannot peaceable come together and have a mini religious discussion on school property?

If we have the freedom to establish and exercise our beliefs and we do this peaceably then why it it prohibited?

Bill/amendment # 2.
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.

It is our right to bear arms and has been since December 15, 1791, so what does the word "bear" really mean?...

The Second Amendment (Amendment II) to the United States Constitution is the part of the United States Bill of Rights that protects a right to keep and bear arms from infringement by the federal government.[1] The American Bar Association has described this right as among the most controversial of the rights codified in the Bill of Rights.[2]

The U.S. Supreme Court has ruled that an outright ban by the federal government on home possession of an operable firearm, such as a handgun, violates the Second Amendment, and has upheld the constitutionality of longstanding restrictions on the possession of firearms including handguns. we see that to bear means to carry and to have on hand, to be in possession of. However the only way to carry a gun is by jumping through government hoops and filing tons of paperwork..having everything about you known...etc.

To a point this is good as we really don't want "crazies" running around with guns. However, if it is our right to carry a weapon..and if you notice it does not say we have to be "approved" then why do we have to go through so much to have our "legal rights"?

Bill/amendment #4.
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.

I have personally dealt with this problem. I had "failed to stop" behind a stop sign and was pulled over. Ok, no problem. The officer asks for my ID, registration and insurance..again no problem. He then tells me to exit my vehicle, grabs my purse, searches through that and my car and for no cause. He of course found nothing (I was 17 at the time). Does it not clearly state "NOT TO BE VIOLATED"...MUST HAVE PROBABLE CAUSE?
I guess it was "CAUSE" I was young!
But guess what I took it to court and when I told them what took place...they did nothing! This also falls in with amendment #2..the right to bear arms and be "SECURE IN PERSONS, HOUSES...ETC. Being a single female I do not always feel secure in my house at night without my trusty weapon by my side...!

Bill/ Amendment #6
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 where in 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.

Wow..where do I start with this one?
The right to a speedy trial? I am sure all of us know someone who has been charged with something. Speedy is far from the process. I know of someone who spent 7 months in jail before ever seeing a judge and the charges were based on "so and so said". They had no evidence to hold him at all and yet not only did he stay in jail but he was told the court system is backed up and so his "right to a speedy trial" will be put on hold until they can put him on the docket.

It says to be confronted by the witnesses against him? What? That does not happen in many cases, in fact the cops, lawyers, prosecutors etc will use circumstantial evidence and never do have any witness. You are accused, locked up and sentence based on evidence put together and not be actual action done on your part.

And then to have the assistance of counsel??? What a joke, in less you are rich and can afford a good attorney you get...yes you guessed it an under paid over worked defense counselor of the state. That in itself seems kinda backwards...the state is accusing you of something and they send you one of their lawyers? These counselors have an overload of cases and as in the above person I mentioned (he never saw his appointed help until 3 months). And yes they get away with this.

Bill/Amendment #7
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.

I have to say...many courts are run and decision made without a jury. A judge, one person decides the fate of another. What happens if the Judge is in a bad mood that day? Yeah, I know you say "no they have to follow the law". Well go to court and sit in will find 2 people charged with the same thing...(one a cute girl, the other a rough looking guy)...which one do you think will get the lesser sentence or punishment?

Bill/Amendment #8
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

HUH? My friend had a misdemeanor charge and was given a bail of $20,000. If this is not excessive I don't know what is. And then no cruel or unusual punishment...Ever been to jail? Nobody is there to protect you and everything happens there. I say getting raped behind bars is considered "Cruel and Unusual punishment"?

So as you can see...out of the 10 Bills/admendments, I have listed 6 that I feel we have been and continue to be violated on. I cannot say that is a good track record.

I never said that...I never agreed to that...DID YOU?

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