Tag Archives: fourth amendment

General Strip-Search, are you secure?

I encountered two young veterans last week, as hot about the current violation of national security as I am.  They too remember taking the oath to protect and defend the constitution of the United States.  In all sobriety, I suggest the Supreme Court is forgetting that oath.   Last week’s news provides an example.

The Supreme Court rendered a judgement  in Florence v Burlington that it is OK to strip-search a person if they find themselves in prison, even if by mistake.   The Supreme Court decided that prison regulations trump the constitution in the above case, of a black man who was riding as a passenger in his wife’s BMW and the police  computer erroneously said he had a warrant out for his arrest, when he had already paid the traffic fine.

The judgement is pertinent in the context of the Occupy movement this spring  with many people seeking to assemble and petition their government for redress of grievances.   Those people are being intimidated by the law that they may be strip searched for engaging their first amendment rights.

The fourth amendment,  is explicit: “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.”

It guarantees the right of someone, anyone, to be secure “in their person” from search unless served with a search warrant, signed by a judge naming whom is to be searched, and for what particular things, and stating the probable cause.  The founders included this to prohibit mass intimidation by any agency of law.   I pray you can get this very meaning from the words of the fourth amendment quoted above.  I hope you can commit those words to memory.  It could save you.

I believe that We the People can put these things together; we stand up to the Supreme Court and say:  “Black is not White!”    The people are not secure if they can be strip-searched for whimsy, or by mistake, and without probable cause.   The fourth amendment says as much!

I write this because I want people,  We the People, who give consent and tax money to be governed, to indeed be governed according to law of the land, the constitution as Article VI states.  (Not the law of some institution, be it the Burlington prison or the park service).  I write this so that we can know, and state our rights.   For if we do not stand up for them, they will go away…. as they seem to be doing, with judicial sanction before our eyes.

I refer you to the previous post if you have not read it.  It concerns the legal case, again before the Supreme Court in which President Obama wants a brand new power to be granted to the government, namely to compel people to make a purchase from a private company.    For one to read and understand the constitution, this seems an open and shut case, an argument I made.  But if we all sit back and expect the “experts” to decide, we are going the way of the Reichstag in the 1930’s.   The Germans are not, nor were they, a flippant people.  But by relinquishing their authority to the ‘experts’ they succumbed to a very dark leadership.

Hence, I ask that you write your paper, your Senator and mention to your friends the document that was begun with the words We,  is being countermanded by justices who took an oath to protect it.

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Patriot Act Charade

Every single person inaugurated into elective office, all people who serve in the military, over six million of them,  swear to protect and defend the constitution.   It is a short document.  The very most important part of it personally, to you, and to me, is the Bill of Rights, without which the thirteen colonies would not have signed on to become the United States; not enough protection.   The most personal part of the Bill of Rights which are the first ten amendments to the constitution is the Fourth Amendment.   It protects You, a person.

The Fourth Amendment reads:

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.

In short it means you and your stuff are free, unless there is a search warrant signed by a judge with particulars stating where, who and what is to be searched and seized.

That was regretfully obliterated by the ‘lone wolf ‘ provision of the patriot act. The enemy needs no affiliation.   That means is could be you, or me, anybody.

Sorry, they say.   There is no law, The world is a dangerous place and we are here to protect you…. but forget the fourth amendment and all the millions of Americans who swore to protect it, and those who died thinking they were protecting it.

I have been too morose to post this.   I guess you could call it denial, the first stage of grieving.     I have a good carpenter friend who just lost his house.  Oh, and his family.   He got securitized out of his mortgage after eleven years paying on it.  I  feel I am losing my country.  I made the vow as I entered the Navy to protect and defend the constitution.    So did President Obama and all congressmen and senators now serving.  I repeat myself because I cannot believe all these people do not honor their own word.

What nudged me out of my stupor was when Miss USA was driven to tears by the personal violation by a TSA airport frisker.   Flying home through Dallas she had the ‘freedom of choice’ to get radiation from a new high powered airport scanner that virtually undress you and gives an unhealthy dose of radiation, or to be molested by a female TSA frisk specialist.  But that is for another post.

The P.A.T.R.I.O.T. Act was prewritten when 9-11 happened and was passed with the hysteria of that very dramatic moment, quickly.  It was not deeply considered then, nor by the congress  when it sunsetted a decade later, conveinently, Osama bin Laden had just been killed and a huge trove of intelligence was captured, and what responsible congressman had the political counterwieght to say “Stop Everything, let us discusss the Forth Amendment and the Patriot act.”  Few, the two Oregon Senators  Wyden and Merkley and Udhall from Utah, but not enough.  So the Patriot Act was extended without discussion another four years, fourteen years after September 11th of 2001.      Meanwhile, the population, especially those who travel by air, become habituated to being frisked for….. being in the USA.

And that is the latest from yourconstitution.   Honored, in the breach.

Patriot Act renewal shreds your rights

This from the New York Times:

“The deal to extend the powers(of the Patriot Act) without changes followed negotiations between the Senate majority leader, Harry Reid, Democrat of Nevada, and Republican leaders including the Senate minority leader, Mitch McConnell of Kentucky, and the speaker of the House, John Boehner.  “
  This was over the objection of Judiciary Chair  Senator Patrick Leahy and any civil rights group that has read the constitution, which the  Patriot Act shreds.
If you are happy with wire taps without warrant, and targeted assassinations, among other affronts.   Do Nothing.
If you are offended and recognize your rights are eroded by an act passed in the 2001 as 9-11 hysteria was at its peak..  then write your Senators and Representative. and demand that the Patriot Act  be allowed to sunset, as it was written.
I list the text of the Forth Amendment below to remind you of what many veterans have fought and died to protect, and what our leaders are now signing away: “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. “
And what that means is no one can search your stuff, including papers, computer and cellphone without a search warrant stating what they are looking for.
Removing that, and you are subject to a shakedown by anyone with a uniform.
So write!

Which is worse, bulldozing a graveyard, or building a cultural center?

News or Absurdity; quick, which is it?

Item One: Authorities in Jerusalem bulldozed an Arabic graveyard to make way for a Museum of Tolerance.

Item Two: There is national consternation in the USA that a New York City muslim group wants to build a mosque and cultural center two blocks from ground zero, which some are calling sacred ground.

Item Three: Six hundred retired NFL football players are suing a video game outfit because their football game players resemble them.

Item Four: Nick Merrill, and New York city ISP operator finally broke his silence after being “gagged” by an FBI gag order since 2005. In 2005 he was served with a “National Security Letter” which required him to provide FBI agents with the searches and data on his subscribers, yet with no warrant from a judge provided. What is wrong with that? you say.

It is a violation of the first, fourth and fifth amendments of the Bill of Rights, I say.

The constitution and the Bill of Right is on this site. Can you state, not with names but in simple constitutional language what rights of Nick Merrill were violated? (This is described as the practice of citizenship; and practice makes pretty good.)

I have not been able to comment on the above absurdity…… which is actual news, for the last two days. I cannot find a clown suit loud enough, or a mouth pucker round enough. Please comment and help me out of my dumbfound.

______David

A subtext to this entire site is that for a constitutional country whose document begins with We the People, the People (you) must know the law. It is my lament that The King was replaced by The People, and the People have deferred to the Lawyers. You can state your rights to anyone: lawyer, policeman or judge, and that person must obey. The constitution has replaced the king with You, citizen. The President presides over the Congress (which means ‘to walk upright together’) He presides, he is not king. He took an Oath to preserve and protect the constitution. Only if he forsakes his oath and congress does not obey the ‘king clause’ (Article I, section 8, clause 11) is he then king. I ask: where are we, relative to the king, when the president has assassination powers anywhere on the globe with drones, jackals, and a black budget?

We now have a President who is also a Constitutional scholar. Can we as a People hold him to his scholarship?