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474 lines
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474 lines
30 KiB
Plaintext
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RIGHTS GUARANTEED
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Let's eyeball the Bill of Rights, the first 10 amend-
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ments to the Constitution.
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Now we will really see some fancy magic by the Cult of
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the Black Robes. Decision after decision from federal
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courts across the United States magically become 'law'. The
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Bill of Rights bears no resemblance to the way they were
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originally written.
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When ratifying the Constitution, the states felt there
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were not enough restrictions on the power of the new central
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government. They requested that a Bill of Rights be added
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at the first opportunity. Many argued that no bill of
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rights was needed. Alexander Hamilton said, "The truth is,
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after all the declamations we have heard, that the Constitu-
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tion is itself, in every rational sense, and to every useful
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purpose, A BILL OF RIGHTS."
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Hamilton insisted there was nothing in the Constitution
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which would allow the government to assume powers which the
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bill of rights sought to protect. To reduce the fears of
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some of the states, the First Congress proposed 12 amend-
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ments to the various states for ratification.
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Here is the preamble to the Bill of Rights as they were
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submitted: "The conventions of a number of the States,
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having at the time of their adopting the Constitution,
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expressed a desire, in order to prevent misconstruction or
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abuse of its powers, that further declaratory and restric-
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tive clauses should be added: And as extending the ground
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of public confidence in the Government, will best ensure the
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beneficent ends of its institution. . "
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The intent of the First Congress when the Bill of
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Rights were assembled. . 'In order to prevent abuse of its
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powers, we are going to include further restrictions on the
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central government to promote the general welfare, make a
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more perfect union, establish justice and secure the
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blessings of liberty.'
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Every clause in the first ten amendments is a restric-
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tion on the government. It's not how they interpret it nor
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how some judge decides it should apply . . . it's a restric-
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tion, period!
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The first two of the proposed 12 amendments were not
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ratified by the states. The first concerned representation
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in Congress and the second with restricting Congress from
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raising its salary. The first eight amendments are really
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specific restrictions and the last two cover any issue not
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covered in the first eight. The ninth and tenth are the
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ones government ignores the most.
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The First Amendment prohibits the restriction of your
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religious freedoms which we have already covered in earlier
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sections. It covers freedom of speech but if you speak out
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against sensitive issues, you'll be surprised how fast they
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will shut you up.
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Many people were recently arrested for demonstrating in
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front of the Supreme Court, and in front of the White House
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and Congress. What about the farmers demonstrating in front
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of the Chicago Board of Trade or people involved in the
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abortion issue? Can we still peaceably assemble? Today you
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are free to assemble when the government tells you it is OK
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otherwise, you will probably end up in jail. The charge is
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generally 'criminal trespass'. What? Where did they find
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that one?
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This is a right which has been turned upside down.
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About par for the course, isn't it? By what authority does
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government at any level ignore these restrictive clauses?
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The last clause is the right to petition for a redress
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of grievances. This is one which has fallen into disuse.
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Do you feel you have a grievance against the government?
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The word redress means to right a wrong, correct an
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error, remedy or relieve, to correct or reform. Now do you
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have a grievance that you would like to have redressed?
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Submit a petition.
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There is no specific form to use. The 1st Amendment
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does not specify to which branch of government the petition
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has to be sent. Any branch, department, section, court,
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commission, etc., must accept your petition. They must
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answer and redress what you are complaining about. This is
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a right every reader should exert!
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At the end of the book, you'll find a copy of a
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Petition For Redress of Grievances. It's an ASCII file and
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can be printed out on any printer. It includes the First
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Amendment to show those to whom you are directing your
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petition that you know the amendment. It gives them a
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chance to read it if they don't know what it says. Print it
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then lay out your complaint in your own words.
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The simpler you explain what you want corrected, the
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less chance there is for any bureaucrat to misinterpret what
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you are trying to get across. Also cite whatever provision
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of the constitution you are showing has been violated.
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You might cite the full Ninth and Tenth Amendments to
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prove that the persons to whom you are addressing your
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petition have no authority to assume any powers not specifi-
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cally granted in the Constitution.
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If you are wrong, they will let you know in a hurry. I
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wouldn't accept their answers at face value but check them
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out against my own interpretation of the Constitution and go
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after them again.
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You are perfectly free to address it to anyone in the
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government, be it your own representative, senator, the
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President or Vice-president, the head of a department, a
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judge, the Supreme Court, whomever! Every bureaucrat with
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an ounce of so called power in government should receive a
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petition for redress.
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A likely place to show the people what answers are
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returned would be to write letters to the editors of any
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newspaper in the country.
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This Right to Petition for Redress is a tremendous tool
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for American citizens which has not been used for many
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years. It is an area in the Bill of Rights with which they
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have no experience ignoring so we should make extensive use
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of this right.
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Now the Second Amendment. The judicial branch of
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government, our protectors, have effectively disarmed
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Americans!
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Look at the "gun laws" which courts have upheld all
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over the country. Our 'leaders' have decided that you
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should not own a handgun, assault rifle or a machine gun for
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that matter. What gives them the right to decide that?
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Arms are defined as "Weapons, especially firearms." It
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doesn't say only firearms so where do they make the distinc-
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tion?
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It's plain that the "right of the people to keep and
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bear arms shall not be infringed." It has nothing to do
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with the militia!
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This is part of those declaratory and restrictive
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clauses added to prevent a misconstruction or abuse of it's
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powers.
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They can do nothing which will keep an American citizen
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from owning any weapon he or she desires. It's that simple!
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This was a unique stance for any government to guarantee its
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citizens the right to own weapons. Switzerland is another
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which has such a guarantee.
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Where does it say that arms need to be registered? No
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where! This is part of the prohibition on Congress.
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Registration is a dangerous practice and must be stopped.
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You don't have to look too far into history to see why
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government wants a list of owners of weapons . . . then it's
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no problem to visit everyone on the list and demand the
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weapon be turned in. That is while they hold a weapon on
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the owner.
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We have had presidents shot in our history, other
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people in government have been shot but the Second Amendment
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has stood firm.
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Suddenly, in the early sixties, we have a president
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shot (under circumstances that suggest it was other than a
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plain citizen), then his brother is shot and now all
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Americans are dangerous and should no longer be able to buy,
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have or keep weapons. Isn't that strange?
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Why were the major gun laws passed in 1968 and not when
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other presidents were killed? Is this part of what the
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courts call "public policy" and the Constitution be damned?
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It's a policy to get the weapons away from Americans for
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purposes other than some public official may be shot.
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You hear much talk about guns being authorized only for
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the militia which is gobbledygook. Here are statements of
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several states when they ratified the Constitution and
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requested a Bill of Rights: "The people have a right to
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keep and bear arms; that a well regulated militia,
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including the body of the people CAPABLE OF BEARING ARMS, is
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the proper, natural and safe defence of a free State;".
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Notice the semicolon after keep and bear arms. . .
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There is no connection of that statement to the well
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regulated militia. These are two complete and separate
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statements.
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Perhaps they no longer want us to be a free State.
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The State of New Hampshire was even more direct in its
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demand on the arms issue. "Congress shall never disarm any
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citizen unless such are or have been in rebellion."
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The people of those times would have never given up
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their weapons whether they were a member of the militia or
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not! The same applies today. No one is forced to own a
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gun. And no one has the right to tell a citizen he or she
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cannot own a gun whatever shape or form it may take.
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Our 'leaders' have probably suddenly discovered that
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they bleed as we do. They want to take away your weapons to
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reduce their chance of bleeding! That is ridiculous also.
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The persons intent on doing bodily harm to anyone will find
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a way to get the weapon they need regardless of what the
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government has to say about weapons.
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If everyone owned a weapon, whether it be a hand gun,
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rifle, shotgun or even a machine gun, there would be a lot
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less violence with weapons.
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The two incidents recently, one in New York City, the
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other in Chicago show that Americans have a right to defend
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themselves. The public and law enforcement officials are
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solidly behind the idea that citizens have that right. Some
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of the elected officials are not so happy about it.
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So what is the purpose of gun laws? Simply people
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control.
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New York City has the first and strictest gun control
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law on the books and what good does it serve? If people are
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intent on committing violence, they will use screwdrivers or
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baseball bats. Are they going to outlaw screwdrivers next?
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Nonsense.
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Look at Switzerland . . . Every able bodied man is
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trained in weapons and issued a weapon to keep in his home,
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ready always. Switzerland has the lowest crime rate in the
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world. There is a lesson there; gun control is an insult to
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the American people.
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Government spends billions on all sorts of weapons but
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feels the citizen who has a constitutional right to have
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weapons is not to be trusted owning a handgun. Is it just
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because they do it and the "guardian of our rights" decide
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they will rubber stamp it because it is 'public policy' now?
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How did a clause designed to be a restriction on big
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brother get turned around to become a restriction on the
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people who delegated the right to be governed?
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Another recent issue in the area of the 2nd Amendment
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shows the contempt the bureaucracy has for us . . bullet
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proof vests. There is a proposal floating around that would
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outlaw anyone except law enforcement personnel from owning
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or wearing a bullet proof vest.
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There will be exceptions to allow our leaders to wear
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one if they desire. They just want to make certain that
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they will not bleed but we will. How about that?
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How many people would go through the expense of a
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bullet proof vest is questionable. Yet they have no right
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to "pass a law" saying we can't own one.
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Every American citizen should own at least one weapon
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and know how to use it proficiently. Should an incident
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arise, you must be able to protect yourself or family. If
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you have a weapon and never have to use it, what have you
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lost? Nothing . . . and that is the point.
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Every time there is an incident involving a weapon
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where several people are shot or killed, idiots come out of
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the woodwork screaming for more gun control. Yet some jerk
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can drive an automobile into a crowd and kill five or six
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people. No one says we should outlaw automobiles . . . yet
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these people are as dead . . .
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Let me point out now that we have gone through all the
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points on 'keeping and bearing arms'. . . I am NOT a member
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of any gun club or NRA. I just believe in our Constitution.
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The Third Amendment is one which is mainly the result
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of the Revolutionary War. . "No soldier shall be quartered
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in any house. . " but this should be considered together
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with the intent of the 2nd Amendment. It reinforces the
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reason for the 2nd. I sincerely hope we never have to try
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to force the issue of soldiers in American homes through our
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kangaroo court system.
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"The right of the people to be secure in their persons,
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houses, papers, and effects, against unreasonable searches
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and seizures, shall not be violated. . " and if you still
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believe that, I have a piece of ocean front property in
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Arizona I want to sell.
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The people of the colonies had a lot of trouble with
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searches and seizures which were conducted by the Kings men.
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They used "Writs of Assistance" which were papers they
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carried in their pockets. They would simply fill out a name
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and hand it to the individual and they had the 'right' to
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search their home.
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There was no need to show "probable cause" or to get a
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warrant from a judicial officer, they just went in a
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person's home and looked and took whatever they decided they
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wanted. See the reason for the 4th Amendment?
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Now the courts have decided that the police can stop an
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automobile, search it and seize what they find without a
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warrant. The executive branch has been given 'authority' to
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go to your bank and get all your records and papers
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(Internal Revenue Service) without even letting you know.
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They can go to the telephone company and get all the records
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of your calls, etc.
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Apparently youngsters in school are not people as
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defined in the 4th Amendment because school officials can
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open a locker and search whenever they want. Does the 4th
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Amendment say schools or school kids are exempt from the
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restriction?
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People who are only accused of a 'crime' have had
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papers taken without search warrants and even had the papers
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confiscated without any authority in our Constitution. Case
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after case the courts have watered down the Fourth Amendment
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until it is now practically nonexistent. Why?
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More usurpation of the protections we are guaranteed in
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the pursuit of life, liberty and happiness. We must assume
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control of our government!
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When we speak of the Fifth Amendment, most people think
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of "someone invoking the Fifth" or refusing to testify
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against himself. (Judges have it even easier, all they have
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to say is it is frivolous.) But the Fifth Amendment is an
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involved amendment and contains a bunch of guarantees.
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There are many parts to the 5th Amendment. . No one
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shall be tried for the same crime twice. . No one shall be
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held to answer for a capital or infamous crime except
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through a Grand Jury. . No one is required to be a witness
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against himself. . . Nor can any citizen be deprived of
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life, liberty or property without due process of law. . Nor
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can private property be taken for public use without just
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compensation! That's a load of protection for us.
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The 5th Amendment is more dead than the 4th Amendment.
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There are some judges who will not even allow the 5th Amend-
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ment to be mentioned in their courtrooms. Do you remember
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what their oath said?
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All the clauses of this amendment are important to our
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survival but the most important part is: "nor be deprived
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of life, liberty, or property, without due process of law."
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This about covers all the other issues of the entire
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amendment.
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Now courts are trying to decide or demanding that a
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citizen define due process. More judicial buffoonery! What
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is the 'law'? First, our Constitution and secondly, all
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laws passed in conformance with the Constitution.
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If your papers are seized without a warrant parti-
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cularly describing the papers to be seized, this is not due
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process. Any reader can figure from that just what due
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process is.
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Did you agree to allow our rights to be ignored or
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purposely violated? If we have all these rights and the
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entire government must respect and protect them, how could
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they possibly do their job?
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In the Sixth Amendment, we examine the rights of a
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person who is accused of a crime. The accused has the right
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to a speedy and public trial, by an impartial jury where the
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crime was to have been committed.
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The accused also has the right to be informed of the
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nature and cause of the crime he/she is being charged with.
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Also to be confronted by the witnesses against him. They
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also have the right to have the government pay for witnesses
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if the accused can't afford to pay to have them testify for
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him. Further, they have the right to have assistance of
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counsel for their defense.
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Most of this amendment has been turned around. The
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speedy trial requirement has usually been observed. Public
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trial has not. There have been many instances where judges
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decide what will be made public violating this amendment.
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They claim they have 'discretion' to decide that point.
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Where does this amendment allow for that discretion?
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An impartial jury is a requirement being ignored more
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and more. Government prosecutors have been known to check
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backgrounds of potential jurors through computers and
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eliminate those who would not be favorable to their side.
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They deny this saying this could never happen in our system.
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But they don't always tell the truth as we have seen.
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We spoke earlier about the necessity of an impartial
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jury trying the law as well as the supposed crime. When
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pressed about this, the federales will admit that the jury
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has the right to try the law also but feel they are not
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required to inform the jury of this fact.
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It is most important that any accused person have a
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truly impartial jury as required by this amendment. It
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should not be necessary for a person accused of a crime to
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have to try to prove that the jury was biased in any way.
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This is one of those sneaky points where the government can
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get away with handpicking the jury to assure a conviction.
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If a jury is truly impartial, you should be able to go
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out into the street and pick the first twelve people you
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meet to be jurors.
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Having the right to be confronted with the witnesses
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against him is also by the wayside. Now we have undercover
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agents who simply make an accusation and are protected from
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appearing as required by this amendment.
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Must protect their identity . . . they say. What about
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this constitutional requirement?
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The right to counsel has been twisted out of recogni-
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tion. According to the judges and courts, when it says
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counsel, it means attorney or lawyer.
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But it doesn't say that. Counsel has never been
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defined as an attorney. Judges and attorneys are all
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members of the same fraternity. They have decided that
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counsel means attorney to keep their friends working.
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Why should it matter to a court if you have an
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attorney? They require an attorney because attorneys are a
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member of the court. The courts will then force the
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attorney to follow their rules and sacrifice your rights in
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order not to upset the judge or court. If you were accused
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of a crime and you knew a person who was not an attorney but
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was well versed in law, you have the right under the Sixth
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Amendment to have him assist you in your defense.
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Judges enjoy amending the Constitution and you will
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have a fight on your hands to insist that this right be
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respected. But, what is a little fight with a public
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servant? Remember . . . the judicial branch considers
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rights as fighting words.
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The Seventh Amendment assures the right to a jury trial
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in a civil case according to the practice of common law.
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Common law practice came to this country from Great Britain
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and was used throughout the original thirteen colonies at
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the time the Constitution was adopted. For a good explana-
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tion of common law, purchase a copy of The Federalist Papers
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and read paper #83 by Alexander Hamilton.
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The right to a trial by jury in a criminal case has
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already been guaranteed in the basic document. Neverthe-
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less, the states wanted this further restriction. The right
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in a civil case where the value in controversy exceeds
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twenty dollars shall be preserved. The case could be tried
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before a judge alone but only if the parties in the suit
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agree to waive the jury.
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This also means that each citizen is guaranteed the
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right to demand a jury trial anytime they are assessed by
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big brother, whether it be a fine or an assessment by the
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Internal Revenue Service. That any controversy where the
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value exceeds twenty dollars, you have the right under this
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amendment to demand that the fact be tried before an
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impartial jury. This was included to prevent overzealous
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actions by the central government and their agents.
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The Eighth Amendment forbids the government from
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demanding excessive bail where, considering the financial
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circumstances of the individual, the government could keep
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someone in jail for an indefinite period where the needs of
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justice would not be served.
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It's obvious that this practice has been turned around
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because judges will decide that they want to hold someone in
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jail and set excessive bail requirements. There again, we
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find judges amending the Constitution violating Article V of
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the basic document. They have decided . . . It's as simple
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as that!
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The men who wrote the Constitution and the Bill of
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Rights knew they could not cover all the events and cir-
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cumstances that might happen in the future so they included
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two more amendments as "catch-alls."
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The Ninth and Tenth Amendments. The first eight
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amendments were abuses which the colonists suffered under
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British Royal rule and were spelled out as prohibitions
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against the national government. Now to make sure the
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government was kept inside the fence of delegated powers,
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they included the Ninth Amendment.
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It reads as follows: "THE ENUMERATION IN THE CONSTITU-
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TION, OF CERTAIN RIGHTS, SHALL NOT BE CONSTRUED TO DENY OR
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DISPARAGE OTHERS RETAINED BY THE PEOPLE." The Ninth makes
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it unmistakably clear that the government cannot and could
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not interfere with any rights which the people retained.
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These include an endless list of things not spelled out in
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the first eight amendments. A citizen has the right to do
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or not do whatever he or she pleases as long as the rights
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of others are not violated. Of course those choices must be
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in keeping with the JUST laws which conform with and are
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passed in pursuance of the Constitution.
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Now let's again take a look at what the Tenth Amendment
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spells out: "THE POWERS NOT DELEGATED TO THE UNITED STATES
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BY THE CONSTITUTION NOR PROHIBITED BY IT TO THE STATES, ARE
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RESERVED TO THE STATES RESPECTIVELY OR TO THE PEOPLE."
|
||
How do they get away with police powers, making any
|
||
|
||
thing but gold and silver coin as tender, allowing a private
|
||
corporation control the value of our money, establishing
|
||
crimes, etc? These two amendments simply point out what was
|
||
true . . . That the new government was one of specific,
|
||
limited, enumerated powers delegated by us.
|
||
Have they faithfully observed these amendments? Of
|
||
course not. Now you can see why the national government
|
||
ignores these two amendments. They show absolutely that
|
||
they are forbidden from doing anything which was not spelled
|
||
out.
|
||
These two amendments are the 'yardsticks' by which we
|
||
can judge whether any branch of government, be it the
|
||
legislative, executive or judicial, is exceeding it's
|
||
authority. Is our Constitution dead? It's up to you.
|
||
Let's read in part what the Declaration of Independence
|
||
says about rights being violated: "That to secure these
|
||
rights, governments are instituted among men. . That,
|
||
whenever any form of government becomes destructive of these
|
||
ends, it is the right of the people to alter or abolish it,
|
||
and to institute a new government. . [when we are forced to
|
||
suffer] a long train of abuses and usurpations. . It is
|
||
their right, it is their duty, to throw off such govern-
|
||
ment, and to provide new guards for their security."
|
||
Our government, under constitutional standards, has
|
||
only three functions. They are (1) DELIVER OUR MAIL, (2)
|
||
DEFEND OUR SHORES and (3) STAY THE HELL OUT OF OUR LIVES!
|
||
There is nothing further! They have NO OTHER POWER.
|
||
|
||
|
||
REGISTRATION DETAILS COMING UP ....
|
||
|
||
THANKS FOR YOUR SUPPORT ....
|
||
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