Showing posts with label Bill of Rights. Show all posts
Showing posts with label Bill of Rights. Show all posts

Friday, November 21, 2008

Double Jeopardy?

Legal situations are always touchy. Especially as an outside person looking in. Especially when I am the outside person. Now, this article could just be shoddy journalism (lord knows there's a ton of that on CNN.com), but my mind chooses to give the author the benefit of the doubt (something I know I shouldn't do) and take what's there at face value.

Read this.

Note especially where, when, and for what he was convicted.

Feel free to correct me, if you want. I don't really care. But, to me...it seems this man's had some basic Constitutional rights violated, here. Namely, Double Jeopardy as seen in the following:

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.

The way this particular article reads, it looks like the civilian court and the military court found this guy guilty of the same crimes. I can understand why they'd want to try him twice--he raped and killed a civilian and raped and killed/attempted to kill a couple of Army personnel. According to the article. That's three people. If you re-read the first part of that article, the civilian court convicted him on two counts of murder and five counts of rape (which is impressive for having three known victims). Then the following year, a court martial also found him guilty of two murders, one attempted murder, and three rapes. That equates to the two military personnel and the civilian.

Now, don't get me wrong. Y'all should know by now how I feel about murderers and rapists and the death penalty. But, I'm also a very big supporter of the US Constitution. It's there for a reason. It's there so the government can't tell us to just bend over and take it--even though they try. The government can get away with a lot. Know why? Because they rely on the fact that Americans, as a whole, are uninformed. With the way trends are for the education of the youth of America, I'd say the government is trying to make it so that very few are even literate in this country. That way, when the citizens willingly give up their rights because they don't know any better, the power-hungry Federal Government will just pat them on the heads and send them on their merry little way.

I, for one, don't plan on allowing that to happen. What am I going to do about it? I'll write my congressmen. I'll petition Mr. Obama. I'll even run for office, if I have to. Ooooh...yesh, I said it. I'll run for OFFICE, if I have to. I'll make sure my Libertarian view of government gets broadcasted the world over. So, if you don't like the fact your rights are slowly being stripped from you, do something about it.

READ the Constitution.

KNOW your rights.

WRITE your congressman.

Don't settle for the standard answers. Make them accountable for their decisions. Let them know they can't just make arbitrary decisions that affect your life. Let them know that they can't just overwrite the Constitution. And I'm not talking about minority groups here. I'm talking about US CITIZENS. I'm talking about reading the articles of the Constitution of our country and the Amendments. Know them. Understand them. That way when someone says to you, "Hey, don't you think Schwartzenegger should run for President?" You can say (with confidence, knowledge, and accuracy), "Yes, but sadly, he can't. He doesn't meet the qualifications. Neither does RA, but give her a few years and she'll be a-okay!"

Vote RA/Cthulu in 2012! You'll be glad you did.

Friday, October 10, 2008

Music and More...at Low Volume

So, apparently... Yahoo! News (if you can believe anything from Yahoo!) delivered us a story of a guy who was fined $150 for playing -rap- music too loudly.

Truly. Very few people like rap music.

It's annoying.

But, you know what? If he's not breaking a noise ordinance (which, I can't imagine he was since it was his car stereo), you don't really have the right to fine him.

Le gasp!

Ya see... there's this document that you may have heard of (and if you haven't, why are you just now starting to read this blog?!) called the U.S. Constitution. And attached to this "Constitution" is another document called "The Bill of Rights." If you're born in America or have become a naturalized citizen or were born abroad to American parents, you're covered by these "mythical" documents.

Your choice of music falls under the category of "free speech," also loosely called "freedom of expression." I don't particularly care for rap music. In fact, I prefer steampunk or power metal. Maybe some industrial or gothic metal. The list goes on, really. But, I think the only "rap" I like is old MC Hammer and very little Eminem. Obviously, I don't like them enough to give them links. It's not my thing, really. I'm a classically trained vocalist. Why do I want to listen to rap? Most of them don't enunciate and half of what they say isn't even actual words...it's slang. "Bling bling"? Sorry. "Lavish." Yes, use intelligent sentences and words with me, please. I will count you among the unemployable otherwise.

Back on topic.

This kid (college student...roughly 18-21) was given the opportunity to reduce the fine to $35 if he spent 20 hours listening to classical music--like Bach, Beethoven, and Mozart.

Now, I adore Beethoven. I love Rachmaniov...Rimsky-Korsikoff, and Tchaicovsky. Through in some Stravinsky, and I'm a very happy Rogue Assassin. But even I--a classically trained musician--could not listen to TWENTY HOURS of classical music.

Excuse me? I need a beat, please.

I don't particularly care for mariachi bands. Especially when they play at 9am in my driveway at my apartment complex. Yes, this has happened. I wanted to see if that trumpet player could play the trumpet after it was shoved up his rear...probably. There's plenty of refried beans to be had. Anyway. Even though they're annoying and they play the same three chords over and over and over and over again... and they're LOUD... fining the people that hired them probably isn't the best thing in the world.

I bet that kid doesn't turn down his music. I bet ya it makes him turn it up louder. It would me. Not because I have an infite amount of cash (I'm a writer. How much do you think I get paid for this? Don't make me have to put in a





button to donate to my paypal account). It's because I, by my very nature, am defiant.

I know.

I can hear you gasping from shock.

Tuesday, October 7, 2008

What We Need More Of Is....

Science!

Apparently.

Because, ya know, it took SCIENTISTS to tell us that the American Government could be infringing on our rights as American citizens.

HELLO!?!

They could have saved themselves a lot of money and just read my blog. I mean, yes, I've been lax in updating this little diamond mine on a daily basis, but... I just gave you seven links to articles on the government, the TSA, and/or the violation of rights.

It seems I pay more attention to America and the rights and freedoms granted to me by the Constitution (you know, that document that's twisted for the purposes of the lawmakers?) because I was born here than the politicians do. I shouldn't really have a heart attack and die of NOT SUPRISED, but...I am...

Suprised, that is.

So... the scientists are saying that profiling people at the air port based on their behaviour could prove inaccurate. Um... DUH!? How many people are chipper when they're flying? I mean in post-9/11 times? You have to get up at the BUTT-CRACK of dawn for a 4pm flight so that you are at least three hours early for your flight so you can spend two of those hours in line for someone to illegally search you.

There is no warrant.

There is no probable cause.

The airlines don't have a choice in this matter.

And... if you happen to know someone who uses three buckets of phlegm to say his name, you're most likely on the no-fly list. Or if you've ever complained in public about the TSA. Or mentioned that they're morons. Or refused to follow their procedures because their existence violates your rights as an American citizen.

There's only so many times I can beat this dead horse.

Seriously...

I'm done.

Wednesday, August 27, 2008

Hello, Mr. McCarthy

Ah, yes, free speech. Something every American is guaranteed in the US Constitution under Amendment 1 of the Bill of Rights...quoted, here, for your convenience:
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.
Of course, allow me to go on a tangent for a moment regarding this erroneous idea of the "separation of church and state." As you can clearly read in the document, that phrase does not exist. Please stop claiming it. I'm referencing this story and the people who say "religion doesn't belong in a public school." Bullpucky. Are you afraid the kids may actually stop carrying guns and grow a sense of morality? On top of that, it's an elective so they don't have to take it if they don't want to. Maybe if you'd paid attention in your government class, you'd know the Constitution a little bit better. All that amendment means is that there's not an established National religion--like Church of England. Or Catholicism. Or Muslim. Or Taoism. Hindu. Whatever. "I'll take 'A Clue' for $1000, Alex."

Moving on.

It seems our right to speak freely is constantly being abridged. "How, Rogue Assassin?" I hear you ask. In this news video from CNN, a young woman was asked to leave the SSA building in Van Nuys, CA (sadly, yes, this was in California), because her t-shirt was offensive.

If you didn't watch the video, it's a white t-shirt with small, black letters that read: "lesbian.com." That's right. That's all. It didn't swear at you, tell you that you smell like poo, have Calvin peeing on a religious symbol, or even have some derogatory message written on it. It just gave a website that happens to be for the gay/lesbian movement. Somehow, the security guard found this to be offensive.

She was told to leave or she'd go to jail.

"Pat, I'd like to buy a clue, please?"

Since when has what I have written on my t-shirt--my own personal property and testament to my existence--land me in jail? That, right there, violates my right to speak my mind. If I choose to wear something that calls black people "niggers," well, that's on me. Offensive or not, that may just be my opinion. If I choose to wear a t-shirt with a guy, a girl, a dog, a sheep, and an oven on it and the phrase, "F**K ALL!" that's my right. The pledge doesn't just say, "...with justice for all." It's "...with liberty and justice for all." Hmmm...that phrase sounds familiar....

Okay, so she wasn't escorted to prison and the security guard is facing some sort of punishment. But, how much do you want to bet her name ends up on this mysterious Terror-Watch List? That list that grounds you from flying. That list you don't know that you're on until you've purchased plane tickets and try to check in. That list you have to fill out an application, wait for them to "get around to" reviewing it, then decide if you should or shouldn't be on the list after they talk to you--and never tell you the results. Yeah. That terror-watch list...

The one that Drew Griffin found his name on. Coincidentally, it was -after- he ran an article on the Federal Air Marshal's program. Refusing to show ID (though not legally required) could also land you on that no-fly list. Why? Because you're calling your own rights into the situation. Is it really constitutional for the Department of Homeland security to--without probable cause or warrant--search your person and belongings? Nope. See, that's in Amendment 4 of the Bill of Rights. In fact, I wrote about that one already.

What it's boiling down to, is McCarthyism all over again. Huh. That's funny. "McCarthyism" is an actual word. Didn't come up on my spell-check as not existing. Don't know what it is? Look it up! How is this a return to that era? Because in order to get off that no-fly list, you have to convince the Department of Justice--or Homeland Security--that you are, in fact, not a terrorist. They have to agree with you. Hello? Anyone paying attention here? That list grows by 20,000 names per month. Really. Are there that many known terrorists? Here, I thought they were all Al Quida and pretty noticeable. Like Ron White says, "If I'm fixin' to get on a plane, and the guy ahead of me needs two loads of phlegm just to say his name, I'm checking his shoes for fuses. That's ain't racism...that's profilin'!"

When they outlaw speaking out, only those speaking out will be outlaws. Which is pretty much anyone who has a brain and chooses to use it.