Monday, July 06, 2015
Which Rights Will Be Enforced????
Well, SCOTUS has declared "Marriage" a basis constitutional right of all (Adult) citizens without regard to gender---And, in oppositions to thousands of years of history, the lack of noting that institution in the Constitution and in opposition to Article-X of the amendments to the Constitution being the last and most abused part of The Bill Of Rights.
"Adult" appears to mean someone 18-years or older; "Citizen" is someone born in the USA or who has been naturalized. Such rights should be inviolate except when a court of law finds a person guilty of some crime allowing removal of those rights or too mentally ill to exercise them.
I have no doubt that the Federal (And some other) courts will be fierce in enforcing the noted, judicial, amendment of our Constitution. But, how have other "rights" fared (Or are likely to fare) in those courts and by the administrative branch of many/most governments?
OWNING PROPERTY: The right to keep lawfully obtained property has been all but destroyed by SCOTUS by:
1. Allowing the seizure of real property for the benefit of private developers under a "legal fiction" that such will benefit the "common good"; And,
2. Not suppressing the seizure of private property by government bureaucrats without prior judicial approval OR a clear-and-present danger of harm to others or "probable cause" that a crime has been committed.
VOTING: As for other basic rights of citizenship, this now is provided all citizens 18-years of age or older except where a court of law has ruled otherwise.
Yet, too many Federal judges (And others) use every means to deprive all citizens of the value-and-weight of their votes by attempts to block verification of citizenship before casting ballots.
FREE SPEECH: The Obama Administration has abused the too-great powers of the IRS to abuse the free speech rights of those who oppose his misrule.
Some have reasonably claimed that the worst abuse of that right is by public universities who punish students for "political incorrect statements" made as public speech and in academic documents OR set, as has the University Of California, "prohibited language" as a work rule for non-tenured faculty allowing firing for their violations---As a gross violation of what was once "Academic Freedom".
Under the present Administration a US Attorney has threatened those who peacefully ask questions about the "Dark Side" of Islam.
FREE EXERCISE OF RELIGION: It should be remembered that: The religious provisions of The Bill Of Rights were established to keep the Federal Government (Only) from setting up an official religion; Some of the original States maintained "official religions into the 1830s---Without judicial interference; And, the author of the current misreading of that provision was a long time member of the KKK and a life-long hater of the Catholic Church.
Since the establishment of our Republic until very recent years the public expression of religion by such as George Washington, Abraham Lincoln and very many other public officials was not only allowed but expected.
The various courts' prohibition of such public statements as The Ten Commandments: Is in violation of those traditions; And, does not seem to have moved SCOTUS to remove such symbols from its primary building.
The Seventh US Court Of Appeals have given Atheists the same "religious" protections as other "believers". Therefore, their "religion" must not be given the power to remove the symbols of other "faiths" from "the public square" (And schools).
SEARCH & SEIZURE: The forced (At gunpoint) police entries into homes after the Boston-Marathon bombings, by Federal officials without probable cause to believe a wanted criminal was within a home (Where a "hot" tear-gas bomb was thrown into the occupied crib of an infant yielding serious burns to that baby), the taking of property (Not contraband as such and not described in search warrants) by police everywhere---Including that initiated by Milwaukee County's PERsecutor against supporters of Governor Walker) are too many to list here.
KEEPING & BEARING ARMS: SCOTUS has declared the the rights under the Second Amendment as the individual rights of every citizen and that without membership in any "Militia". It has extended that right to all the States.
Yet, that and other Federal (And State) courts have not ruled against Federal, State and local actions which "INFRINGE' (To use the Second Amendment's language) upon those, under 21-years of age, citizen's exercise of those rights.
As special cases: The Federal Government (And State governments) do not allow full citizens who are 18-to-21 years of age to purchase firearms; And, most public universities (Bound by The Bill Of Rights) do not allow such in buildings without lockers for securely checking-in arms lawfully carried on campus grounds.
THE SOLUTION: MANY (MOST?) MEMBERS OF THE CONGRESS MUST SHIFT THEIR ATTENTION FROM CAMPAIGN FUND RAISING (AND ENRICHING THEMSELVES BY "INSIDER TRADING" AS BIND OTHER CITIZENS AND BY OTHER MEANS) AND RE-BALANCE THE POWER BETWEEN THE CONGRESS AND PEOPLE VS. THE TYRANNY IMPOSED BY THE COURTS AND EXECUTIVE BRANCHES OF WHAT WAS ONCE "OUR GOVERNMENT".
This can be done by amending The Constitution:
1. To allow a simple majority of both Houses of The Congress OR a 2/3 majority of those present-and-voting of one House to vacate a SCOTUS decision;
2. To Allow any 20 Members of the Senate or 50 Members of the House, by signing a "Complaint" or like document to have "standing" to bring any action before the US Courts;
3. To allow the House or Senate, by a majority of those present-and-voting to independently bring criminal charges against any Federal official or employee and likewise prosecute such matters without interference by the Judicial or Administrative branches of the Federal Government.
4. Make themselves and all other Federal officials bound by the same laws (eg "Insider Trading") as bind other citizens.