Editorial – Page 14 – Politics Plus

Constitutional Amendments: Article VII

Posted by TomCat at 3:04 am Editorial, Politics

Jul 182010

We have been covering the US Constitution line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. We have finished the main body of the Constitution. Now we continue with the Amendments. You can find the last article on the main body of the Constitution here. It has links to all the others. The text comes from The US Constitution. Previous articles in the Amendment series:

Article I

Articles II and III

Article IV

Article V

Article VI

Article [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 re-examined in any Court of the United States, than according to the rules of the common law.

The 7th Amendment is a little confusing. It appears to guarantee a jury trial in all civil cases, but it does not. It refers to British common law as it existed in 1791. Common law divided civil cases into two categories: actions in law and actions in equity. Thus we are guaranteed a jury trial for actions in law, but not for actions in equity. Cases demanding monetary damages are actions in law. Cases demanding injunctions, rescission, specific performance, etc. are actions in equity.

This is controversial in two places.

Republicans repeatedly claim that Justices may not refer to any document other than the Constitution in deciding cases. Isn’t that rather obtuse given that the Constitution itself refers to another document?

Republicans support the notion that giant corporations may include arbitration clauses in financial and employment documents. These clauses force resolution of civil disputes by arbiters the corporations choose. Since such disputes involve monetary damages, they are actions in law, and the arbitration clauses attempt to circumvent the right to a jury.

Constitutional Amendments: Article VI

Posted by TomCat at 1:41 am Editorial, Politics

Jul 172010

Article I

Articles II and III

Article IV

Article V

Article [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 defence.

The Sixth Amendment deals with defendants’ rights.

First we have the right to a speedy trial. But Bush and the GOP held defendants incommunicado for months with no trial and pushed for secret trials.

Next we have the right to a an impartial jury. Nevertheless prosecutors, especially in red states, frequently manage to empanel all white juries in areas that are predominantly African American.

We have the right to know with what and we are accused, a right regularly denied terrorism related defendants by Bush and the GOP.

We have the right to confront witnesses against us, usually, but not always upheld.

We have the right to obtain witnesses on our defense. Today, many cases hinge on highly specialized expert witnesses. Prosecutors can obtain them at will, but only very rich defendants can afford them. Public defenders typically operate on a small fraction of the budget provided for prosecution.

We have the right to counsel. There are some highly motivated and skillful defense attorneys doing pro bono work, but for the most part, public defenders are overworked and underpaid. Success as a prosecutor is the most stepping-stone to a successful political career, so prosecution attracts the best lawyers. As a result, the conviction rate for cases taken to trial is over 90%.

The Sixth Amendment has become so undermined that our criminal justice system is broken.

Constitutional Amendments: Article V

Posted by TomCat at 2:07 am Editorial, Politics

Jul 162010

Article I

Articles II and III

Article IV

Article [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 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.

Article V deals with Criminal Defense. Except for people in the military, now covered by the UCMJ, we may not be prosecuted for a crime unless a grand jury, made up of other citizens, agrees that there is sufficient evidence to warrant it. We may not be tried twice for the same offence once acquitted. We may not be required to incriminate ourselves. We are guaranteed due process of law. Government may not confiscate our property without just compensation.

Two sections of this are controversial.

In cases involving prostitution, government is confiscating Johns’ autos. In cases involving drugs, government is confiscating property it deems to be acquired with drug profits. Although both practices have been held up in the courts, they do violate the Constitution. Diminishing this right is a Republican priority.

The Miranda warning arises from the right against self incrimination. Recently SCOTUS Republican extremists decided 5-4 that police and prosecutors need only assert that they read a suspect his rights and the suspect refused to sign off on it, even if the suspect denies it. This was a bad decision. Given a long record of police abuse of suspects’ rights, proof must be requires. If a suspect refuses to sign the Miranda form, videotaping that refusal is easy enough to do.

I shall try to put up a new article in this series almost every day. It will take some time to cover it all, but when we’re done, we shall be immune to the lies with which Republicans seek to undermine our freedoms.

Constitutional Amendments: Article IV

Posted by TomCat at 1:28 am Editorial, Politics

Jul 152010

We have been covering the US Constitution line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. We have finished the main body of the Constitution. Now we continue the Amendments. You can find the last article on the main body of the Constitution here. It has links to all the others. The text comes from The US Constitution. Previous articles in the Amendment series:

Article I

Articles II and III

Article [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.

The meaning of this Amendment is clear, and forms part of the basis of our right to privacy.

Sadly this Amendment had also been gutted. If police officers falsely claim that they have probable cause, they search without a warrant. For example, when Nixon was President, I was driving in New Mexico toward Las Cruces from El Paso, TX. It was a business trip and my van contained carpet samples and carpet handling equipment. A highway patrol unit pulled me over. They asked if I had been in Mexico. I told them I had not. The asked if I was smuggling drugs. I said No. They asked for permission to search my van. I said no. One officer turned to the other: “Is that marijuana I smell?” “It smells like it to me!” said the other in mock exaggeration. They cuffed me, put me in the back of their car and proceeded to search the van. They found nothing. I had no pot. They let me out, removed the cuffs, and left me with my completely unloaded van on the highway, without so much as an apology.

Such illegal searches happen in this country every day, because the right-wing Supreme Court keeps upholding such unconstitutional searches as legal, when they clearly are not.

But my experience is nothing compared to the massive invasion of our privacy by GW Bush and his illegal wiretapping on telephone conversations, email, and other Internet traffic of virtually all Americans.

We need to restore this essential part of our civil rights. Republicans want to further limit this right.

Constitutional Amendments: Article I

Posted by TomCat at 3:24 am Editorial, Politics

Jul 132010

We have been covering the US Constitution line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. We have finished the main body of the Constitution. Now we turn to the Amendments. You can find the last article on the main body of the Constitution here. It has links to all the others. The text comes from The US Constitution.

Article [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.

This may be the most controversial sentence in US history.

The first clause provides a wall of separation between church and state. It does not forbid people of faith from participating in government. It does guarantee a level playing field for all faiths, including the faith that denies faith. This is highly controversial because it contradicts Republican attempts to impose the Christian faith, through such cultural issues as prayer in schools. They argue that, since the US was founded as a Christian nation, the founding fathers intended the establishment clause to forbid only favoring one Christian denomination over another. That as a lie. The founding fathers intended no such thing. The Treaty of Tripoli specifically states, “the Government of the United States of America is not, in any sense, founded on the Christian religion”. It was ratified in the Senate unanimously in 1797, while the founding fathers were still serving there. Government may not provide facilities or financing to support religious activities.

Often ignored, this Amendment also forbid government to interfere with the free expression of any religion. This is also controversial, because Republicans often attempt to prevent the religious observances of non-Christian faiths. For example, they objected when Rep. Keith Ellison swore his oath of office on the Koran. We are all free to practice, or not practice, faith as we see fit without interference. Like most rights, this one does have limitations. My rights end at the tip of your nose. I may not practice in a way that interferes with your rights. If I believed in human sacrifice, I would be free to hold that belief, but I could not actually sacrifice a fellow American. Sacrificing a Canadian, on the other hand, might be OK. I’ll have to consider that further. 😉

We are guaranteed freedom of speech. Again it is limited. I may not yell “FIRE!” in a crowded theatre. I may not commit libel or slander. I may not encourage others to commit crimes of violence against abortion providers or census workers. I may not conspire to overthrow the US government, using Second Amendment solutions. Nowhere does this guarantee equate money with speech.

We are guaranteed freedom of the press. Its limits are the same as those on speech. This freedom is central to the issue of Net Neutrality. The Internet is the only way common people can freely publish our views without corporate censorship. To allow corporations to block or restrict our traffic is contrary to this guarantee.

We are guaranteed the right to peaceably assemble. Confining demonstrators to locations far from the venues at the Republican Convention of 2008 violated that right. Demonstrators who commit acts of violence and destroy property may rightly be arrested and prosecuted for those criminal acts, but to act on the assumption that all demonstrators will act criminally is unconstitutional.

We are guaranteed the right of redress. This right is the basis for lobbying. Republicans interfered with this right with the K Street Project, in which they denied access to lobbyists that did not agree to donate exclusively to Republicans.

Constitution: Articles V, VI and VII

Posted by TomCat at 3:09 am Editorial, Politics

Jul 112010

We are going to cover the Constitution and its Amendments line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. The text comes from The US Constitution. It will be displayed in black, while my comments will be indented in blue. Earlier articles include:

Preamble – Article I, Section 5

Article I, Sections 6-10

Article II, Section 1

Article II, Sections 2-4

Article III

Article IV

Article V

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

The founding fathers made the Constitution possible, but difficult, to change. It made two items unchangeable prior to 1808. The end to the importation of slaves in 1808 was immutable. Also any Amendment allowing direct taxes, except as imposed according to a state’s population, was forbidden prior to 1808. It also made one provision not subject to amendment ever: all states are to be represented equally in the Senate in perpetuity.

Article VI

1: All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

The new nation assumed the debts it had acquires on the road to independence.

2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Constitution gives Treaties the same precedence as laws and even the Constitution itself. It is interesting to note, therefore, that the Obama administration does not have the Constitutional authority to ignore our treaty obligation in Part I, Articles IV & V of the UN Convention Against Torture, which requires active prosecution of those who have authorized torture.

3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Considering all the Republican attacks, accusing Obama of being a Muslim, they are applying a religious test in direct contradiction to the Constitution. In addition, Republicans during the Bush regime applied religious tests to hundreds of positions, making Jerry Falwell’s Liberty University the most common alma mater in government service.

Article VII

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

And so the Constitution became law.

What we have seen so far in this study is that what the Constitution says, and what Republicans are claiming it says, are completely unrelated. To them it is only a piece of paper, to quote an infamous moron, despite their deceitful claims that they are defending it. The believability of those lies depends on public ignorance. Since the mainstream media have largely failed in their responsibility, the truth will remain hidden unless we make it known.

But our study is incomplete, because some of the most interesting and controversial elements of the Constitution are contained within its Amendments, so that’s where we will go from here.

Constitution: Article IV

Posted by TomCat at 1:44 am Editorial, Politics

Jul 102010

We are going to over the Constitution and its Amendments line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. The text comes from The US Constitution. It will be displayed in black, while my comments will be indented in blue. Earlier articles include:

Preamble – Article I, Section 5

Article I, Sections 6-10

Article II, Section 1

Article II, Sections 2-4

Article III

Article IV

Section 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

What happens in Vegas doesn’t stay in Vegas. It’s interesting to note that this section requires that marriages (Records and Proceedings) performed in one state be recognized in all others. Nowhere does this exclude LGBT marriages.

Section 2

1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

No state may deprive an individual of a federally derived right, such as a woman’s right to choose.

2: A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

Extradition between states cannot be denied when requested with probable cause.

3: No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

This is the basis for the Dred Scott decision. As hateful as it was, the decision did follow the Constitution. Slaves were property. This was the clear intent of our founding fathers. Therefore originalists must support a return to slavery to remain consistent with that paradigm.

Section 3

1: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The sane people in Texas are out of luck.

2: The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Territories not belonging to any state are federally ruled.

Section 4

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Republicans may not use domestic violence as an excuse to declare martial law within the states they control.

Even in this comparatively sparse article, we find two jewels, one important to the LGBT community and one debunking the main Republican position on the Constitution, originalism.

Constitution: Article III

Posted by TomCat at 4:38 am Editorial, Politics

Jul 082010

Preamble – Article I, Section 5

Article I, Sections 6-10

Article II, Section 1

Article II, Sections 2-4

Article III

Section 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Note how vague the authors left the underpinnings of our judiciary system. The lack of definition indicates that they intended the judiciary to be flexible enough to adjust to changing conditions, contrary to the Republicans’ strict construction argument.

Section 2

1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State; –between Citizens of different States, –between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Thus the judiciary role is to is to resolve all legal conflicts, both criminal and civil. Nowhere is there a provision for biding arbitration.

2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

This is the authority under which the the Court intervened in the 2000 election with the infamous Bush v. Gore decision.

3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3

1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

Treason is the only crime the Constitution specifically defines.

2: The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

This means that the descends of an adjudged traitor may not be punished nor may their property be confiscated for the original crime.

It is especially interesting to note that the Constitution does not specifically authorize the Supreme Court to decide the constitutionality of laws. The Court conferred that power upon themselves in Marbury v Madison.

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