Posted tagged ‘Fourth and Fifth Amendment’

The Breakdown Of The Rule Of Law

June 22, 2016

The breakdown of the rule of law leads to a breakdown of a civil society.

We define the rule of law as general rules, known in advance, and pertaining to the rulers as well as the ruled. Unfortunately the rule of law does not deter our politicians and government betters. They make micro managing laws that are so numerous we can’t possibly know them in advance. They act as a ruling aristocracy who are above the laws they make.

When we the masses don’t know the rules of the game, on the one hand, and see our rulers getting away with breaking them, on the other, we start to push back. At first we use our 1st amendment rights to free speech and peaceably to assemble, and petition the Government for a redress of grievances. The problem starts to escalate when this doesn’t produce a desired result. We then start to resist slowly at first. This leads to an escalation on the side of Government which than leads to a reciprocal escalation by us. We are now in an upward spiral of resistance – response – resistance.

Americans don’t like to be told what to do. Each person has a different level of tolerance toward Government coercion. More and more people are reaching their limit and we are witnessing the push back.

Although government has been usurping power for a century, it has really increased under the last three Presidents. President Obama has expanded the power of government more than Bush did and Bush expanded it more than Clinton did. The number of laws on the federal registry has grown so large, a motivated government lawyer can dig deep enough in the federal registry and find a law that you have broken. Where will this lead? I hope it can be resolved peacefully.

SOME EXAMPLES

Oklahoma Cops Find A New Way To Take People’s Money, at huffingtonpost.com. As bad as civil asset forfeiture laws are, this escalates it exponentially. The ability to seize assets by scanning a persons debit and bank cards at the spot of the arrest is against the fourth and fifth amendments of the Constitution.

4thThe 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 of affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

5thNo person 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;…..

People will not stand for this.

Ex Missouri Cop Gets 4 Years For Tasering Teen and Dropping Him On His Face, at kansascity.com. Watch this video. This teens heart stopped because the cop held the taser on him for more than 20 seconds. This was far longer than what his training taught him. He than cuffed and dragged the teen to the curb where he dropped him face first on the concrete. The teen was put into an induced coma to relieve brain damage. Read the details in the article and watch the video.

In war some of the rules of engagement tell our military guys they are not allowed to fire until fired upon. This is in a war zone. What are the rules of engagement for police? Shouldn’t it be at least what our military guys have to fight under? Police aren’t in a war zone even though we are constantly told they are. My friend retired early from law enforcement because he couldn’t believe that the new officers were being taught that everyone was a criminal. When he got in law enforcement he was taught that he was there to serve the public.

The cop in this video escalated this situation right from the start. He tried to intimidate this teen and look what happened. I know this sounds like Monday morning quarterbacking but he went all tough guy right away and there is no turning back once he decided to travel down that road. If you start out in a non threatening way, you can always escalate to another level.

At some point either the cops or we have to stop this upward spiral of resist – response – resist.

Watch the video below. The child was treated better by the gorilla than teen was treated by the cop.

 

What The IRS Just Revealed Should Start A Wave Of OUTRAGE, at allenwest.com. The IRS used its power to keep people from exercising their rights to “peaceably assemble and to petition the Government for a redress of grievances“. Everyone is afraid of the IRS, ergo they can intimidate people easily. Even though working for the IRS isn’t a political position, there is an incentive for the IRS to protect big Government from anyone who wants to shrink it. Because if it wasn’t for big Government there would be no need for the IRS. Lois Lerner should be in jail, not enjoying her 6 figure “retirement” on the tax payers dime.

Wake Up America, by Andrew Napolitano, lewrockwell.com. Excerpt from the article. “Now the FBI wants access to everyone’s internet browser history, as long as its agents are looking for spies or terrorists; and again, it proposes that rather than present probable cause to a judge and seek a warrant as the Fourth Amendment requires, one FBI agent can be authorized to issue a search warrant to another.” Our congress is about to give the FBI this power! I’m reminded of a quote by Joseph Sobran; “The Constitution is no threat to our current form of government.”

Ugly Bloody Scenes In San Jose As Protesters Attack Trump Supporters Outside Rally, at washington.com. These are not protests against Trump (which are protected by the 1st amendment). These are rioters who are physically assaulting individuals and damaging private property, which is against the law. The cops stood and watched. Americans normally don’t act like this. This is how third world countries settle disputes.

Is the rule of law breaking down? You be the judge.

 

Related ArticlePolitical Correctness, A Civil Society, And The Rule Of Law, at austrianaddict.com.

Education System Is A Monopoly Of The Political Left

May 18, 2016

Thomas Sowell

In this recent article by Thomas Sowell titled, Dry Rot In Academia (click here), he makes this statement: “Today one can literally go from kindergarten to becoming a graduate student seeking a PH.D., without ever hearing a vision of the world that conflicts with the vision of the left.”

I’ve coached in high school for decades. My players, most of whom end up just being students in college, tell me about the professors they have. The conversation usually starts something like this, “coach you won’t believe the professor I have for ……” The evidence is overwhelming that academia is biased toward big government central planning. These elites either don’t understand how free markets work, or don’t trust individuals to make their own decisions in a free market.

Here are some excerpts from the article.

“Conservative critics who object on grounds that the views of the left are wrong miss the point. Regardless of whose views become a monopoly, education suffers…. As a young Marxists in college during the 1950’s heyday of the anti-Communist crusade led by Senator Joseph McCarthy, I had more freedom to express my views in class, without fear of retaliation, than conservative students have on many campuses today.”

“Even liberal professors can be adversely affected by the narrow groupthink that prevails. Without an opposition to keep them on their toes, they can develop sloppy habits to dismissing or even demonizing differing viewpoints, instead of practicing and teaching their students how to come to grips with opposing beliefs.”

“There are many examples of the intellectual and moral dry rot on the many campuses across the country where groupthink of the left substitutes for education.”

 

George Will

In this article by George Will titled, Due Process Is Still Being Kicked Off Campus (click here), he states this: “Academia’s descent into perpetual hysteria and incipient tyranny is partly fueled by the fiction that 1 in 5 college students is sexually assaulted and that campuses require minute federal supervision to cure this. Encouraged by the government’s misuse of discredited social science…colleges and universities are implementing unconstitutional procedures mandated by the government.”

These colleges are violating the fourth and fifth amendment rights of students who have had accusations made against them. First of all administrators don’t have enough knowledge to do the job that the legal system is supposed to do. Colleges are going to get their pants sued off for these violations. But it won’t make the people whole whose lives have been ruined.

The 2006 Duke lacrosse rape case fit the narrative about campuses permeated by a “rape culture.” Except there was no rape. In 2014, the University of Virginia was convulsed by a magazine’s lurid report of a rape that buttressed the narrative that fraternities foment the sexual predation supposedly pandemic in “male supremacist” America. Except there was no rape. Now, Colorado State University at Pueblo has punished the supposed rapist of a woman who says she was not raped.”

Title IX of the Education Amendments enacted in 1972 merely says no person at an institution receiving federal funds shall be subjected to discrimination on the basis of sex. From this the government has concocted a right to micromanage schools’ disciplinary procedures, mandating obvious violations of due process.”

“In 2011, the Education Department’s civil rights office sent “dear colleague” letters to schools directing them to convict accused persons on a mere “preponderance” of evidence rather than “clear and convincing” evidence. Schools were instructed to not allow accused students to cross-examine their accusers, but to allow accusers to appeal not-guilty verdicts, a form of double jeopardy.”

Although a “dear colleague” letter is supposedly a mere “guidance document,” it employs the word “must” in effectively mandating policies…..these letters shred constitutional guarantees…..academic administrators nowadays are frequently supine when challenged – it would risk a costly investigation and the potential loss of the 11 percent of their budget that comes from Washington.”

WORDS OF WISDOM

My friend, who had two kids graduate from college tells everyone; “College is the most dangerous place you can send your kids. Not because of any risk of violence. The risk is when they come back, you will not know who they are, unless you’ve constantly communicated with them.

Related ArticleGeorg Will Outlines What Should Be In Every Commencement Speech, at austrianaddict.com.

Related ArticleBest Commencement Speech Ever? Adm.McCraven Gets My Vote, at austrianaddict.com.

Related ArticleMichelle Obama vs. Thomas Sowell On The Politics Of Race, at austrianaddict.com.