US Constitution, Amendment VI

Another amendment in the Bill of Rights that PROTECTS rights of people (it does NOT grant rights):

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 defence.

This is a nice amendment and again something very different from the various governments that existed at the time. It is the amendment that really ensures that the guilty are the ones that go to jail.

You get a speedy, public trial in this country. Well, you did until the Patriot Act showed up. And if you're on trial, you get a jury. This right is also outlined in the body of the Constitution as well, so you can tell the founders really thought that a trial by jury was VERY important. Juries really do have the MOST power in this country -- if only they would exercise it.

You must be informed of the charges against you -- you cannot simply be held for no reason -- they have to tell you WHY.

Also notice that you have the right to confront the witnesses to the crime. In other words, if you can't find me someone to point at me and say that *I* did it, then you cannot convict me of the crime.

This amendment also describes that right that you have to assistance with your trial -- if you don't know the legal system, the government must provide you with a guide (lawyer).

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US Constitution, Amendment V

The Fifth Amendment, most likely to appear in courtroom television, goes like this:

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.

There's a number of parts to this one that are very, very important.

This is the right against double jeopardy. This says that if you are tried for a crime and the jury finds you innocent, then you are innocent. The state cannot later decide they want to try again with another jury. This is another item that gives GREAT power to a jury. Remember, those who serve on juries, you can find someone innocent for ANY REASON WHATSOEVER -- no matter what the judge says.

This amendment also outlines that you do not have to testify against yourself. I'm not really sure why that had to be codified -- it seems pretty darn obvious to me.

This amendment also did something very different for it's time. It said that no government or government agent could take your things from you without due process. A king could not just take your land because he wanted it -- there had to be due process -- a legal procedure to determine right from wrong.

The last part is yet another part that was VERY clearly destroyed with the Kelo v. New London lawsuit. I don't know how clear it has to be to say that private property could be taken for public use without due compensation. And never mind that giving land to a private corporation -- how in the world can any sane person claim that is a public use?

But back to the amendment -- the key part of that last phrase was to indicate that all land in this country was to be privately owned and if the government wanted to take it for a legitimate public use (courthouse?), then the government would have to PAY for it, and they could not just take it.

Many localities in North Carolina walk all over this amendment. When they want some land for any reason, they condemn the land first, making it's value drop by 50% or more, then they claim that is "just compensation." Idiots.

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US Constitution, Amendment III & IV

The Third Amendment:

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

That one doesn't seem to apply so much today. However, back in colonial times, the British troops would often be quartered (stationed) in someone's house, and you were not allowed to refuse them food and shelter. Well, you can't do that. Simple enough.

The Fourth Amendment:

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.

Now this one is getting a lot more attention these days, especially with the Patriot Act and "Secret Courts" apparently violating this one.

It says I'm secure in my house and YOU cannot come in. It's my house and I own it. You cannot even look inside unless you have a warrant based on probable cause. No, I cannot explain how in the world Kelo v. New London doesn't violate this amendment.

This is a right that is not enjoyed in many other countries. It is the right to own and have private property. Without this one, many of the others would fall apart because you might be able to own a printing press (or computer, or gun), but the government could just walk in your house and take it away from you if they didn't like it.

Keep an eye on this amendment, because it appears to me to be violated all the time. Judges, why do you allow it? I refuse to accept the argument that if we all give a little bit of our freedoms, including this one, that we will be any safer.

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US Constitution, Amendment II

Ah, this one is perhaps my most favorite amendment, and, in my opinion, the absolutely most important amendment of all, for without it, there could be no others:

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.

Yes, for those who didn't already know it, I'm one of THEM. I'm a zealous gun-nut. I own a pile of guns and ammunition, and there's no possible way you or anyone else will get them without me dead. But anyway, back to the amendment...

This amendment was put in there in response to the ways the British tried to control people by taking away their weapons. Even back in the 18th century the founding fathers realized that by far the best way to control a citizenry would be to disarm them.

Throughout history there are examples of dictators disarming a populace and then them being destroyed or enslaved. Certainly there are other ways of crushing a people, as today's government has learned so well, but confiscation of arms is certainly the quickest way.

Many, many, many books and articles have been written about guns and crime. According to the Constitution, none of that matters. The Second Amendment absolutely ensures that NO ONE can take away arms from a free people.

Also note the distinction between this amendment and the first amendment -- the first amendment specifically applies itself only to Congress. That was the intent there, to only limit Congress and not other legislative bodies. However, the second amendment has no limitation. It applies to ALL legislative bodies -- no government entity or agency anywhere in this country may infringe on the basic right of people to bear arms (or arm bears).

The other great issue at stake here is the ability of the people to throw off a corrupt government. If the people are not armed, that simply is not possible. In the various writings of the founders, they specifically mention that one of the purposes of an armed populace IS to keep the government in fear of overthrow -- they knew there may come a time when the people would need to destroy this governmental system.

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US Constitution, Amendment I

The first 10 Amendments to the Constitution are collectively know as the Bill of Rights. These were proposed by the first Congress on September 25, 1789. They are not actually part of the original Constitution, not having been ratified until December 15, 1791. However, they are part of the Constitution, according to the Constitution.

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.

This one seems very clear to me, but I'm a literal, logical person. It very clearly states that Congress can make no laws that does certain things. If you're NOT Congress, then this does not apply to you.

These amendments were, in part, further specific limitations placed on government. They were not in place to define what rights people have, they were to define rights that could not be taken away by Congress.

This is a rather large amendment, and it helps outline why this is still the freest country in the world. You can have any religion you want, and the government cannot punish you (unless you're Christian, then you can be punished). The press can print what they like about politicians and public figures (even total lies about Bush if they like). And like-minded people can assemble in peace (unless you're Christians having church or don't like abortion).

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US Constitution, Article VI & VII

Article VI establishes the Constitution as the supreme law of the land. It describes that all contracts, engagements, and judges are completely bound to the obey the Constitution. It describes that all people and officers who will serve the country will swear an oath to this Constitution, especially all Senators and Representatives.

It also describes that no religious test shall ever be required as a qualification to any public office or public trust in the United States.

Article VII explains that the Constitution is ratified and binding as soon as nine states have accepted it.

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US Constitution, Article IV & V

Article IV of the Constitution explains the relationships among the states and the federal government.

Section 1 explains that each state must give "full faith and credit" to processes of every other state -- but then it continues to explain that Congress has the right to describe how they must do that.

Section 2 says that each citizens has the same privileges and immunities of "several states." It also describes that each state will give up any citizen of other states who flee from justice or law to another state.

Section 3 describes how to add states (and unfortunately does not say how to get RID of states).

Section 4 says that each state will have a republican form of government.

Article V explains how to amend the Constitution -- 2/3 vote in both houses of Congress or 2/3 of the legislatures of the states can propose an amendment. Then 3/4 of the state legislatures must approve the amendment.

I don't see any more amendments, ever. There's 50 states. To get an amendment to pass, 38 states would have to agree. I don't think we could get 38 state legislatures to agree that the sky is blue.

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US Constitution, Article III

The third article to the US Constitution explains and defines the powers and responsibilities of the judicial branch.

It describes the Supreme Court. It clearly outlines the narrow powers of jurisdiction of the Supreme Court. They only have jurisdiction over ambassadors, public ministers, maritime, between two or more states, between a state and citizens of another state, between citizens of different states, and between states and the citizens of that state. So if your beef is with another person of your state, it's not going to the Supreme Court.

Section 2 also describes that the trial of all crimes except impeachment shall be by jury in the state where the crime was committed.

Section 3 defines Treason: "shall consist only in levying war against them [The United States], or in adhering to their enemies, giving them aid and comfort." I think there are many who are claiming treason who have serious legal ground, so don't dismiss those accusations so quickly. "aid and comfort?"

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US Constitution, Article II

The second Article of the US Constitution explains the powers and responsibilities of the executive branch of the government.

It describes who can be president and vice president and how they are to be elected, including the electoral college. Of special note here is the idea that the STATES are the ones who elect a president, not individuals in the states. That is the primary reason for the electoral college.

Section 2 describes the powers of the president: commander in chief of the Army and Navy and the militia of several states. He has the power to make treaties (with a 2/3 approval of the Senate); and the power to nominate and appoint ambassadors, judges and officers of the United States. He also can fill any vacancies that occur during the recess of the Senate.

Section 3 indicates that the president may also convene and adjourn both houses of the legislature, if need be. He also has the power to enforce the laws passed by the Congress.

That's all. Those are the ONLY powers that the president has. No others.

Section 4 describes that he shall be removed from office upon conviction of treason, bribery, or other high crimes and misdemeanors. (NOTE: Penciled in the version I got from the internet was: "Unless the president is named Clinton.")

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US Constitution, Article I

The first part of the Constitution, after the preamble, explains the powers and responsibilities of the legislative branch of the federal government.

It describes that the legislative branch will be divided into two parts (the House and the Senate). It describes who is eligible to be a member of each house and how they are to be elected. It sets out the basic rules for Congressional meetings. This section also describes that all members of the Congress, during meeting times of the Congress, are completely immune from arrest, except for treason, felonies, and breach of the peace.

Interesting. Congressmen cannot be given parking tickets, but if they're drunk in public, watch out! (Ted Kennedy, are you paying attention?)

Section 7 describes how laws are to be passed.

Section 8 specifically outlines the powers of the Congress. They are allowed to lay taxes for the common defense and the GENERAL welfare. They can regulate commerce with other countries and BETWEEN states. They can issue money.

That's about it. The Constitution doesn't give them license to do anything else. Pick a law -- any law -- up for discussion in the US Congress. If it doesn't specifically have to do with one of those preceding issues, it's unconstitutional, and they're not permitted to make the law. But it gets better.

Section 9 lists a number of things that Congress specifically CANNOT do: no suspension of habeas corpus, except during time of insurrection. No ex post facto law can be passed (unless you're the North Carolina legislature, apparently). No direct tax can be laid unless it's in proportion to the population. No export taxes on individual states. No spending money without legal appropriations.

Finally, Section 10 specifically outlines powers that the states DO NOT have: no alliances, no minting their own coins, no import or export taxes.

That's about it for Article I.

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Happy Constitution Day!

What? You didn't know it was United States Constitution Day? Well it is. On September 17, 1787 delegates to the Constitutional Convention signed the United States Constitution. If you are in a government school, you should be aware of this:

Public Law 108–447, 118 Stat. 2809, 3344–45, Division J, Section 111 (b)
“each educational institution that receives Federal funds for a fiscal year shall hold an educational program on the United States Constitution on September 17 of such year for the students served by the educational institution.”

Since the 17th is on a Saturday, each educational institution has a choice whether to celebrate on the Friday before or the Monday after. And just about every institution in the U.S. receives federal funds -- even private colleges get money in the form of federally-backed loans.

So let's have fun on this Constitution Day, 2005. I'm thinking of having cake and ice cream at the end.

James Madison is the one who is given the most credit as the author of the Constitution. Here is a 3-minute biography of James Madison. Madison really understood human nature. He realized that people would tend to form groups to oppose one another. He knew that if they could create a system of government that worked with these groups, placing them against each other, the system would survive. That's the idea behind the separation of powers and limited government.

Place three individuals in a situation wherein the interest of each depends on the voice of the others, and give two of them an interest opposed to the rights of the third. Will the latter be secure? The prudence of every man would shun the danger. The rules & forms of justice suppose and guard against it. Will two thousand in a like situation be less likely to encroach on the rights of one thousand?

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Yet More "Good Old Boys"

In case you're a new reader here, I'd like to point out one of the features of this blog. Each weekday the first post of the day is a post about the goings-on of the North Carolina government. Usually it's state-level, but sometimes a big-city issue gets covered. If you want to see a large amount of information about what really happens in state government, click the "North Carolina Government" category below.

To continue the ongoing theme of "dirty politics," take note of the employees of groups that are "bidding" on running the newly illegally passed North Carolina lottery -- a top aide to Jim Black (iron fisted leader of the NC House) just "happens" to be employed by a group that wants to run the lottery.

Scientific Games is a company that wants to bid to run the North Carolina lottery. It employs Meredith Norris who works for Jim Black. Does anyone on the entire planet think that there's any chance that any firm BUT Scientific Games will get to run the lottery, no matter their or anyone elses' bids?

And you thought the "good old boys" network was only evil Republican males. Sorry, in North Carolina, the good old boys network of corruption is ONLY Democrats, but hey, they include women, too.

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U.S. Constitution Day

Tomorrow is US Constitution Day (celebrated). Did you know that? It is. Technically the anniversary of the signing of the Constitution is September 17th, but it usually celebrated on the Friday before or the Monday after.

Sorry, no 3-day weekend for you, but I'm working on that one...

Instead, we'll interrupt regular programming for Friday and have an all-day celebration of the Constitution! Maybe we'll have cake! Come back and see tomorrow...

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Condoleezza Rice Transcript

Once again, a transcript of an interview with a powerful political person has been posted. And again, we here at Ogre's Politics and Views will help you learn what was really said with our own translation: more...

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ACLU Blogburst

Today is the weekly day for the Stop the ACLU blogburst. It's a day where a number of blogs get together to point out the damage and harm that the ACLU continues to do to our great country.

This week, however, I'm a bit short on time. Here's a link to Pirate's Cove -- a short post with a great question for the scum ACLU.

Be sure to head over to the Stop the ACLU main site and read more about this group that honestly is destroying America.

You might think they do some good things and some bad. However, personally I compare that to terrorists -- how about the 9-11 attackers? Well, they washed their hands before leaving the bathroom, so they're not all bad, right? Don't you think the bad sort of outweighs the good? That's the ACLU to me -- they do huge amounts of damage and only occasionally do any good.

This was a production of stop the ACLU blogburst. Over 100 blogs already onboard. If you would like to join us please just go to our portal, and register. You will be added to our mailing list, and we will send you the information you will need.

For sites already on board, See Here.

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Senate TV (aka Robert's Confirmation Hearing)

The silliness continued another day on the alleged confirmation hearing for judge Roberts. However, this day the Senators really played to the TV and ignored Roberts for the better portion of the hearing.

Senator Lindsey Graham (sometimes-R, SC) talked about the federal judge's decision to ignore the Constitution. Others joined him in condemning the federal judge's decision until they remembered that this was supposed to be a confirmation hearing for the Chief Supreme Court Justice.

Charles I-Know-What's-Best-For-You Schumer screamed and yelled because Judge Robert, who is likely to be on the Supreme Court that will hear the appeal to the assanine "pledge lawsuit" wouldn't pass judgment on that case without hearing the facts.

"Why this room should be some kind of cone of silence is beyond me. It seems to me this is something of an argument of convenience. Senator Specter said it well, you can answer as many questions as you can to get confirmed Â… that's not the right thing to do."

Hey Chuckie, it's called judicial ethics. A judge isn't supposed to pass judgment on case before he hears the case. And yes, I'm aware that Mr. Schumer knows better than I, and I should just shut up. However, he's just working in discussions for his fund-raising letters now.

Dick Durbin asked why Roberts took a certain case the challenged an Illinois state law. Roberts lost the case, and Durbin made sure to rub that face in his face. In response to the actual question, Roberts responded:

The lawyers aren't judges, the judges are.

It's sad that you have to explain that to Senators, isn't it?

That one example does illustrate how absolutely useless our current legal system has become. My sister, evil incarnate, when attending law school, won one particular case arguing both as the defense and later as the prosecution. I asked her if she saw anything wrong with that. That's the point at which she realized she didn't really want to be a lawyer.

Roberts also said

"This body and legislative bodies in the states are protectors of the people's rights. Legislators have the right to protect the rights of the people as much as courts."

Imagine that. That's a completely foreign concept to most judges today. Most judges in this country actually believe they are the supreme law of the land. That whole "checks and balances" thing doesn't apply to most of them. It's nice to see a judge actually admit they can be overruled, even if they're on the supreme court.

Senator Biden revealed the heart and soul of today's Democrat party with one question for the nominee:

"Just talk to me as a father Â… not what the Constitution says. What do you feel?"

That IS today's Democrat party -- the Constitution doesn't actually matter, only good intentions.

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Macro- vs. Micro- Part II

A few days ago, I wrote a post about micro- versus macro-evolution. As you might imagine, it stirred up quite a debate regarding creation and intelligent design. That wasn't my purpose. I was simply trying to come to an agreement on what some specific terms mean.

However, Contagion said:

Who said anything about separating the two, personally I think there is no difference. It's all part of the same process.

This is one of the ideas that I'm trying to point out. They are not the same.

I'll put details in the extended entry for those who just aren't all that interested... more...

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Freedom of Expression?

By now I'm sure most of my gentle readers have heard about the Federal Judge in San Francisco that ruled the word "God" unconstitutional. In his decision, he claimed everyone has a right to be "free from a coercive requirement to affirm God." I'm not quite sure where that right came from.

Now keep in mind, and this is a very important point, that the United States Constitution DOES NOT GRANT rights. It simply lists out powers of the government and certain, specific rights that are protected. So often when someone complains about "finding" a right in the Constitution, I know they don't really understand the Constitution at all. If it's NOT there, it might be a right.

In this particular case, however, the judge obviously has not read the Constitution, or very clearly does not care about it. In case you haven't seen it in it's entirety, I present the first amendment to the U.S. Constitution: more...

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No Laws Broken, says NC AG

According to the North Carolina Attorney General, legislators did not break the law or violate the Constitution when they unconstitutionally spent money on their pals and on personal accounts and to curry personal favor.

In this case, Democrats who were "leaders" in the General Assembly gave themselves over $14 million (in the budget that was "cut to the bone") so that they could spent it however they wanted. They gave the money to favorite state agencies, friends, cash for political allies -- whatever they personally wanted. No one was consulting on the expenditures, they just wrote checks on the spot, spending wherever and whenever they wanted.

From the North Carolina Constitution (an old, living, breathing document that was written by slave-owning white men):

No money shall be drawn from the State treasury but in consequence of appropriations made by law

There is no law written that says, "Some special people in the Senate and House have permission to write checks to whatever causes they want, whenever they want." I'm not sure how the attorney general can make the claim no laws were broken -- in fact, the North Carolina auditor even audited the General Assembly and pointed out to the AG where the money went and how it was illegal.

Oh wait.

It makes perfect sense if you understand the mentality of Democrats in Raleigh. Do you know who the Attorney General is? Do you know who the state Auditor is? The state auditor is Les Meritt -- Republican. The AG? Roy Cooper.

Democrat gubernatorial candidate Roy Cooper.

And you thought Louisiana and Chicago politics were dirty.

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Katrina aid from the UN

We've found another transcript to provide to you good readers. This one is a transcript of an actual conversation held at the United Nations building (in New York City):

*** BEGIN TRANSCRIPT
Kofi Anonymous: We hear that the evil imperialists and cursed people of America have been troubled by a small storm and need help. What shall we, the rulers of the world, offer them for support, if anything?

Germany: Oil! We have plenty of oil that we bought over the years from Saddam when...oh wait...no, we don't have any oil. None at all.

France: We shall offer our unconditional surrender to the hated United States.

Koki Anon: No, that will never do. They might accept it.

Third World Country #1: We could offer them lots of money.

Iran: I offer them food, aid, comfort, and oil -- but only if they give me nuclear weapons!

France: We should all surrender immediately!

Koofi A.: Everyone wants to give them money! And just where do you think we will get this money? I only have the oil that Saddam gave me.

Third World Country #2: We can give them some diseases. We've got some spares. If they don't want that, we think they should give them money, too.

Kooki: Okay, we seem to be in favor of everyone giving them money...

France: And surrendering.

Kloopi: Yes, and surrendering. Who votes to raise dues for the UN to help pay for the hurricane damages?

* chirp chirp *

Poopi: I see. Any other ideas?

France: We should...

Anonymous K.: OTHER than surrendering?

Germany: What if we raise the dues JUST for America, and then use that money to give them for aid?

* murmur, murmur *

K-to-the-A.Non: Good idea! All in favor of giving America 2 million euros in aid, then raising the UN dues for America by 2 million euros?

* AYE! *

Mr. PoopiA: Passed!

France: Can we still surrender, anyway?

Kofi (to France): Shut up.

*** END TRANSCRIPT

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