“ 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.”
What is freedom of speech?. That depend on place where you live, your government and your hosting provider. Your web site could get hack or remove for rules violation.
You have right to say, print, make a movie of anything as long as you do not critique or offend:
Your president or candidates for presidency, kings, dictators and religions.
You shall not make offending remarks concerning your president. It does not matter if the rumors of
being “bad president” are true or not. You are being unpatriotic and damaging your country reputation.
You shall never critique or offend a candidate for president. It does not matter if the candidate agenda is in your, or your country, best interest. You have right to vote.
You shall never critique or offend your king as they are direct ascendants from God(s).
You shall never critique or offend a dictator. Your life span will be rapidly shorten.
You shall never critique or offend you government officials. You vote for them and they are working for you, so you can be safe, have a job and medical care.
You shall be obedient and never critique or offend any enforcement agency.
They do have a firearms and will unload a clip at you very fast. Innocent or not, it does not matter.
You shall never critique or offend any form of religions. You may get kill, your house could burn down and for the worst part – you will burn in Hell for all eternity.
You shall never critique or offend your employer. It is hard to find a job this days.
You shall never critique or violate the ten commandments – they are good for you ( for real).
You have my permission to critique my post, offend me in any form. I do not own a firearm, I will not burn your house down and I can not beat you up. Too old and cripple, but I can moderate your posts.
“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.”
Does this mean that only state controlled militia is allowed or any one can form a militia?.
State controlled militia is no different that state police, but group of a people SHOULD be able to form independent militia. That is not true – actually, the only state sponsored militia is allowed as the paragraph – “A well regulated militia being necessary to the security of a free state” – said.
With current firearms restrictions – why would any one attempt to “pick a fight” with state of federal army – they stand no chance. The reason for is the arms. The second part of this amendment – “the right of the people to keep and bear arms shall not be infringed” – specify a single shutter -musket.
Arms mean weapons, but no state or federal force will tolerate a person having a weapon that can potentially inflict a harm against them. Yes, a person can possess a firearms, but is restricted to single shut gun or a rifle – no automatic weapons, no artillery, no grenades, no heavy armored vehicles or planes, and some other “messy” stuff. If a state or federal force have someone “on mind” – all what they have to do is to send a drone. If someone shut down a drone – no big deal – they make another one from taxpayers money. It would look like that, it is against best interest of a taxpayer to have a drone shut down, then again, not everyone pay a taxes.
As you can see, the Second Amendment does not mean that a person have a right to form a militia or have a right to own a weapons – it is a well regulated privilege.
The only right a person have – when become “enemy” of a state or federal agencies – is to kiss his(her)
sorry ass goodby. Me, personally, I could not do it – as in my age – my body is not that flexible.
“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”.
Now, that is interesting – the last few words make your right goes to shit.
Actually, in a manner prescribed by law, the state or federal force can take over your house at any time under the umbrella of state emergency ( someone piss on a statue) or some other excuse.
Your house is NOT your house. It belong to federal government.
The land never belong to you and never will – it is federal property. You are leasing the land and the house, but you never will own it to the full extend – it is an illusion. “Your house” ownership is been regulated by County, City, State and federal laws. Try to build a driveway, you need a permit.
How about outhouse – you can not “do your business” in privacy – you need a permit.
Then you have a building code – you better stick to it or be homeless. If you own a mobile home, then you have some kind of ownership, as you can move it to another location – is like having a camper, but you can get “kick out” from a property at any time. House boat is less regulated and in some states, you can anchor at any place, but some states will not allowed to you just drop a hook. You will have to “park” at a marina and that become expensive. The good “thing” about the house boat – is less expensive to move than a mobile home. If you really think that you own your house – you are for big disappointment.
“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” – this open a whole can of worms.
We all seen or experience this amendment in action – is not worth a shit.
Let see – you are being pull over by a police officer. If you are well dressed, white and in a nice vehicle – you my not experience a gun pointing at you, but if you look like a hippies in shitty car, or black with funky rims – shit out of luck. After you get pull over, assuming that you not a white man in nice car, you my end up in hand cuffs. This is where your rights goes to shit – “probable cause”. Let say that you get pull over for busted back marker light. You do not try to run, you pull over, shut the engine, have the key out of ignition and roll down your window. When asked, you present your require documents. The papers check out OK and you have no warrant against you. You attempt to assure the police officer that you have no intention to run or harm him(her) in any way. Since, you acted as supposed to and inform the police officer, the probable cause should “disappear”- right?. It does not – you can still end up in a hand cuffs. Why?. Because the 4th amendment is NOT for your protection – it is for protection of government official. Because of those three words – “upon probable cause” – a judge can issue a warrant against any one. When the constitution was written, there was no funky rims or hippies in shitty cars. Time change and the crime rates are going high. Sometimes the innocent will be persecuted in “the heat of the moment”. I understand the police office concern, and to be honest with you, I would probably approach a vehicle with a caution. Too much crime is going around and, in most situation, shitty vehicle or funky rims, commit a crime. While the crime against police officers is small, they are living on edge and they have a gun. Shit out of luck. To avoid unpleasant stop:
Thou shall drive in clean, no funky rims, vehicle – or you may get shot.
Thou shall never badmouth to a police officer – or you may get shot.
Thou shall never attempt to run – or you may get shot.
Thou shall never attempt to harm police officer – or you may get shot.
To avoid of your house being raid by SWAT of DEA by mistake:
Thou shall keep the yard clean – or you may get shot.
Thou shall have highly visible house number with the name of the occupants – or you may get shot.
Thou shall keep the pets on a leash, away from entrances – or your pet and you may get shot.
Thou shall never buy a house on a street, where shoes are hanging from power/cable line – or you may get shot. If you attempt to remove those shoes – you may get shot, but not by law enforcement.
Damm, It make me think that I am pushing my luck. I live on a street where shoes are hanging down from cable lines, the yard could use some improvement and the house number is barely visible., but I am in better position that you. You are reading this article – you may get shot.
UPPSSS, I hope that they do not want to shot a messenger.
“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 offense 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.”
So what is your right?. We all know that when goes to capital murder, you do not need the Gran Jury to rotten in jail, while waiting for a execution, but what the “infamous crime” means?. It is a felony.
Felony do not goes to Grand Jury as many States replaced Grand Jury with preliminary hearing.
Double jeopardy have many mining’s. Let say that you went to a convenience store to buy a milk. Some damm shit attempt to rob the store. You have a gun and you use it is self defense. You are old and your aim is not too good. You fire 2 shots. You will not be prosecuted for firing more that one shot, but you will be prosecuted for having a weapon, discharge a weapon in city limits and, if you did not kill the robber, he will be sue you for all what you have in civil court.
So, what about your right to be silence?. The Supreme Court, has held that if a defendant voluntarily testifies at the trial, that he did not commit the crime, his confession may be introduced to challenge his credibility, to “impeach” the witness, even if it had been obtained without the warning.
Did someone said that “silence is acknowledge”?. If you asked if you committed a crime and you say “NO”, you are screwed, but if you maintain a silence, you are screwed too.
Eminent domain – this is one scary shit for any home or land owners. Image that you live in small, quiet town. Wall-mart decided that you property will be suitable for new store and, since is “good for community”, the town will kick you out. What about the just compensation? – there is none, compare to having this house for generations. You grandfather build your house and you will not get compensated for his labor. Fair market value is a joke too. You will never get back what you put into your house.
Good luck with the fifth one.
“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 defense.”
Interesting. This do not specify the length of time. It is going to be as fast as Cheetah or as fast as Turtle. You get pull over by a policemen for not wearing the seat belt and there, where the shit hit the fan. You get ticket with specify amount of fine. If you will get the ticket without the fine, but to tell you to show up in court, then it would be partially legal, but you have been sentenced before you had a chance to “speedy trial”. The amount is the sentence. Your right has been fuck in public.
The impartial jury selection depend on your ethnicity. There always will be mix ethnicity jury – court have to be politically corrected and equal in jury emotional status. If you lucky, you may get impartial jury, but you will be out of luck, when you get a public defender. This bill do not state that you have the right to equal attorney. If you rich, you can walk out as free man, even if you are guilty.
Tough luck if you piss poor.
“ 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.”
Magic words is this amendment is “rules of common law”. What is the “common law”?.
To simple put -from my simple minded perspective – assume that Joe Blow use a restroom on Farmer Boy crop. Beside that Joe Blow could be charger with illegal human waste disposal, Farmer Boy is suing the Joe Blow for crop damage value of $25. The Farmer Boy use the word “he use a restroom on my crop”. He did not specify the word “ use restroom”. The judge look in any past court rules, and if find any, will make the decision based on previous case or make the decision base on own finding. That would be called “precedent”. If the judge can not find any similar case, he will rule as new case and his rules will be review in any future cases. From realistic point of view – Farmer Boy would probably shot the Joe Blow for trespassing or beat the crap out of him, and there never will be case like this in a court, but life can have a lot of surprise. “Common law” it is very complicated and verdict can go either
direction. Good chance that Farmer Boy will loose the case.
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Again, in this amendment, you see that your rights are not worth a shit.
Bail system should never be use. If you are found guilty, the you should be in jail, but, if court have not evidence to sentence you, you should be set free. Does the sentence “ innocent until proven guilty” have any meaning in judicial system?. Hell no. From police officer to judge – you are guilty until proven innocent. Actually, the judge is insulting the defendant by imposing the bail. It is saying – “I can not prove, at this moment, that you are guilty, but I suspect that you are guilty. I do not trust you that you will be back at court at specific time”. If you insult a judge, you can go to jail, but the judge can insult you any time without any repercussions. The bail system supposed to prevent a person from escaping the country and judicial system, but does not work. Many criminals just walk out of the court room and never be seen again. A drunk driver run a stop sign or red light and kill someone. He shows in court and judge set bail. What are the chance that this person will kill again?. Damm good, but he is set free for the moment. It is all about the money.
Excessive fines – who decide and on what criteria. Amount of fine can be set in court by a judge, but should never be impose by a police officer as that will be direct violation of fifth amendment. If someone took an oath and then violate the oath, what should that be called – an act of treason.
If you get a ticket from police officer and you see the amount of fine on it, you know that this police officer violated your fifth amendment as the amount is the sentence – no due process. You have the option to dispute the ticket, but you should have the right to it before the amount was set. Only judge should have the right to set the amount. The judicial system is counting on you, that you will pay the fine without dispute and they are making a money. One big corrupted system.
Cruel and unusual punishments – whole new can of worm open. What does constitute as “cruel”.
Torture and execution in any form – from law enforcement officer to judicial system. I do not like the capital punishment as is inhuman and waste of labor force. Why kill a person, when the system can put the person to work for free. I understand that jails are overcrowded, but is not the reason for killing.
No one should have the right to decide of who live and who die. Torture can be in physical or sociological form. When innocent man is sentenced to a jail time, it is sociological torture and is it sociological torture for condemned person to be in jail waiting for execution.
Unusual punishment can have many different meanings. From violating your constitution rights to trowing you of a cliff. If a judge will tell you that you have to have a sex with your ex-spouse, then would be constitute as unusual punishment ( there was a reason, for you, why she or he is ex). If law enforcement officer run you over with a car, instead shooting you in the ass, that would constitute as unusual punishment. If I would force you to read this article, then will constitute as unusual punishment, but you are doing this at your own will.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
This amendment did not change any other rights. Basically, it was useless as could be ( and is) interpreted in many ways by a court. It is truth that female ( and male) should have the right to do whatever they choose with their body. The length of pregnancy to specify human development is in question. To this day, no one can answer of what time the development begins.
From time of consumption or latter ( days or weeks). There is conflict of interest, matter of convenience and personal or health issue. Does the abortion constitute as murder?. Again, no one can specify the time. Discharge the new born is murder, but before labor, no time is set.
This is only one example of how confusing the law can be.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
This amendment is perfect example of how federal government is interfering with state law.
Speed limit, legal blood alcohol limit, drinking age, firearms restrictions, national ID, marijuana use, are just few examples of how federal government impose some rules by award or deny federal funding’s. The prohibition on alcohol use and sale was repeal, but the marijuana is still illegal as federal law. It is the lobby of pharmaceutical company that keep the marijuana illegal. It was ( and is) proven, that marijuana have many use as medicine. Alcohol and tobacco use is more dangerous that marijuana. During the alcohol prohibition era, people were dying not from use of alcohol, but from gang wars. No one have ever overdose and die from use of marijuana, but thousands are still dying for gang related wars. The only way to stop this absurd wars is to legalize the marijuana.
Just like the alcohol, the marijuana can ( and is) abuse. Driving a vehicle or operating machinery under influence of alcohol or marijuana can lead to injury and death, but people under influence of alcohol have tendency to be more aggressive. I have never seen a person to puke or pass out after smoking marijuana, but seen many of those behavior after drinking alcohol ( my personal experience from drinking included, but have no experience in pot smoking).
In summary, as person, we have no rights to personal life. The Bill of Rights was written in order to give a power to abuse the law by federal agencies in any way they see suitable. Despise the 13 amendment, we are all slave to federal government. The only rights we have is to pay taxes. Even dying is regulated. So much for the freedom and democracy as advertising.
In analyzing the Constitution and Bill of Rights, I admit that, I omitted many other issue, but my intention was not to teach you about the Constitution, but start thinking on your own.
I am not religious person, but I saw many good in 10 Commandments as I see a lot of good in Bill of Rights, but the laws are being interpreted and abused for convenience or gain of wealth by unscrupulous people. If those laws would be respected, then we all will be living in utopia land.
There is no government of any country that respect the “law of the land”. One way or another, they abusing their power over own citizens, so do not feel bad about your own. You can disagree with me and write any comments- good or bad. I welcome any critique. Oh, I forgot to mention that I moderate the comments – just kidding. Only spam advertising comments I trash. Have a good day, or whatever is left out of it, after reading this article.