Here's what I think...
Showing posts with label U. S. Constitution. Show all posts
Showing posts with label U. S. Constitution. Show all posts

Monday, January 23, 2012

Constitutional Amendment Against Citizens' United?

While comedian/satirists Stephen Colbert and Jon Stewart use a SuperPac to demonstrate the dangerous and absurd levels of political skulduggery permitted by the Supreme Court's Citizens' United decision, growing voices are heard urging a Constitutional amendment to negate the Court's decision.

Proponents are urging passage of an amendment that decrees only people are people with rights under the Constitution. Ah, and this will fix our system? A system in which power speaks to power and money creates power?

Even if such an amendment could survive the arduous ratification process, its power to alter the influence of money on American government is questionable. We already have amendments that guarantee freedom of peaceful assembly (ask the Occupy Wall Street demonstrators how well that works), freedom of speech (unless you are exchanging information and files over the Internet), freedom from unlawful search and seizure (unless you choose to travel by air or Homeland Security suspects you're a terrorist).

Other protected rights that are now routinely ignored include the right to face your accuser in a court of law; the right to a trial by a jury of your peers, the right not to be detained without formal charges.

Doesn't appear to me Constitutionally protected civil liberties are taken very seriously by our government. Why would one more be any different?

Thursday, September 2, 2010

Bill of Rights: VII, VIII, IX, X

These seem more open to different interpretations that I through VI.

Amendment VII
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 reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
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.

Wednesday, August 18, 2010

Bill of Rights: III, IV, V and VI

The Amendments that protect individual rights (I and II were previously posted) are often particularly vulnerable to subversion and even assaults by public opinion. Guarding them is essential to maintaining a free society. It also requires constant vigilance.

III is a direct response to British actions prior to and during the Revolutionary War.
Amendment III
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.

I do not see how The Patriot Act conforms with Amendment IV.
Amendment IV
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.

Under a system in which the accused are offered advantageous plea bargains in exchange for evidence against others, justice is frequently sacrificed to expediency and high conviction rates for ambitious prosecutors.
Amendment V
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.

If the legal system is over worked, under-staffed and under-funded and those charged are pressured into making plea bargains rather than confronting the powerful represented by underpaid public defenders, how real is the guarantee of a speedy, public trial by jury? Even those who can afford private counsel often face impoverishment paying for their defense in trials that can last for weeks or even months. Prolonged trials also place a heavy burden on the citizens serving on the juries.
Amendment VI
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.

Monday, August 16, 2010

On Speach, Religion, Assembly and Bearing Arms

Below are the first and second amendments to the U. S. Constitution. The language does not APPEAR to be ambiguous, does it? In fact the writing is far more straightforward than we are accustomed to reading in legal documents.

Amendment I
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.

Amendment II
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.

Food for thought.