Posts Tagged ‘constitution’

A Proper Arrest

Friday, June 25th, 2010

I witnessed an arrest just minutes ago. Three campus officers had taken up strategic position around a rather scruffy looking individual with a backpack. We have had, at least from personal perception, a problem on campus here at the University of Utah with a growing population of homeless taking up residence in the buildings on campus. Obviously, they’re trespassing, although I’m sure many of those doing so think of it differently.

I wasn’t close enough to hear anything but the lead officer telling the man that he was under arrest and to put his hands on his head. (A tip for those who run across an arrest in process – don’t get close. Stand back and let them do their job.) The man was not complying and his body posture was becoming more and more aggressive as the command was reissued. Finally he took a stance which is often used just before a move to violence – head lowered, fists clenched, arms out from his sides – with one of the three officers pulling out and shaking a can of mace or pepper spray in preparation. Then the third officer came in from his flank and bear hugged him from behind.

The other two officers moved in and very carefully took the man down onto the cement walk. I was impressed. They were moving with certainty and forceful action, but they were not abusing their position of authority, nor were they enacting undo force to restrain the individual. From their actions, it was obvious that they did not want to hurt him if they could help it.

With as often as I deplore the unconscionable actions of officers abusing their position of authority, I felt it a sense of duty to also report on something I’ve witnessed personally, as a very well performed and proper action.

Officers, I don’t know who you are, but my hat is off to the three of you for performing your duty well and to the call.

Bravo.

The Killing President

Wednesday, April 7th, 2010

Glenn Greenwald has a very disturbing article in Salon Online magazine, outlining the President’s claimed authority to kill any American citizen he deems to be a threat to America.

As I’ve said before, welcome to the USSA, comrades.

Civil Disobedience and the American Community Survey

Thursday, March 11th, 2010

I got a visit from a federal agent last night.  Not law enforcement, but an official from the US Department of Commerce, specifically the Census Bureau. He was probably at the door to convince me that I needed to fill out the American Community Survey, which they sent to me twice, or to take down the answers himself.  I never gave him a chance to speak beyond identifying himself.

I told him what I had told the last Census Bureau employee who called my home, I consider the ACS to be a gross violation of my privacy rights, I will never fill it out and any further contact either by phone or in person would be considered harassment.  Apparently, the agent on the phone didn’t understand what I had said, for this other drone to be at my door.  Perhaps when I slammed the door in his face the message came across.

Now one might ask why it is that I object to the Census Bureau doing its job?  Because, frankly, it is not doing its job. Article I, Section 2 of the United States Constitution charges the House to make an enumeration of each state’s population, in order to determine the number of representatives that each state has in the House.  The wording is quite clear.

The actual Enumeration  shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.

Simple and to the point.  Count the state populations, once every ten years after the first enumeration.  My answer to them and the only information required, is the occupancy total of adults living in the home.

The American Community Survey is not only in violation of the ten year enumeration clause, as they are spoon feeding it out to about three percent of the population every year, but it requests data which is simply none of the government’s business! From the start, the questions are very personal and only get worse as you leaf through the 28 page document.

The first question which really stands out is asking for your name.  Then your birth date.

The question immediately following asks if you have Hispanic, Latino or Spanish ancestry and if so, from where?  Mexico?  Puerto Rico?  Cuba?

What is your race? White?  Black, African Am., or Negro?  American Indian or Alaska Native?  Asian Indian? Chinese? Etc.

Once you get done filling in all this for each occupant of the home, the survey continues to probe into your housing affairs.

What kind of house do you live in?

How many acres of land does the house sit on?

In the past 12 months, what were the actual sales of all agricultural products from this property?

How many rooms does the home have?

How many of them are bathrooms?

Does this house, apartment, or mobile home have – Hot and cold running water?  A flush toilet?  A bathtub or shower?  A sink with a faucet?  A stove or range?  A refrigerator?  Telephone service?

How many automobiles, vans and trucks of one-ton capacity or less are kept at the home for use by members of this household?

Which fuel is used most for heating this home?

What is your monthly electric bill?

What is the yearly cost of water and sewer?

What is the yearly cost of oil, coal, kerosene, wood, etc. for this home?

Do you own your home?

What is your rent or mortgage payment amount?

As if this wasn’t intrusive enough and clearly none of the government’s damn business, the personal questions about each household member becomes a nightmare of intrusive query.

For up to five members of the household, you are asked what kind of health insurance coverage you have.

Is this person deaf?

Is this person blind?

Because of a physical, mental, or emotional condition, does this person have serious difficulty concentrating, remembering, or making decisions?

Does this person have serious difficulty walking or climbing stairs?

Does this person have difficulty dressing or bathing?

Because of a physical, mental, or emotional condition, does this person have difficulty doing errands alone such as visiting a doctor’s office or shopping?

What is your marital status?

In the past 12 months did this person get – Married? Widowed? Divorced?

How many times has this person been married?

In what year did this person last get married?

Has this person given birth to any children in the past 12 months?

Last week, did this person work for pay at a job or business?

At what location did this person work last week? (They ask for the full address!)

How did this person usually get to work last week?  Car, truck or van?  Bus or trolley bus?  Streetcar or trolley car?  Subway or elevated?  Railroad?  Ferryboat?  Taxicab?  Motorcycle?  Bicycle?  Walked?  Worked at home?  Other method?

What time did this person usually leave home to go to work last week?

It goes on, and on, asking about all sources of income, from Social Security to Veteran’s Compensation – requesting specific totals.  If for one moment you might suggest that the information is anonymous, think again!  They specifically ask for your full name at the beginning section and again for each individual personal survey section.

You can find an informational copy of this document at the Census Bureau, along with their claim, “Response to both is required by law.” See for yourself that I make no exaggerated claims on this document’s intrusive questioning.

The Census Bureau agent on the phone also claimed that I was required by law to fill out the ACS and send it in.  I can believe that I am required to enumerate the members of my household for the standard ten year census, though I haven’t looked up the code.  Perhaps they even have added the ACS to the required list.  But a law which violates my right to privacy, in violation of the Constitution itself, is not a law I am willing to obey.

It’s called civil disobedience, and in the case of the American Community Survey, I feel such a treatment is perfectly validated.

Following are links to other articles, videos and related material concerning the ACS:

Stop the American Community Survey Petition

The Census is Getting Personal

The Thought Police and the American Community Survey

Uncle Sam’s Way Too Nosy Survey

The US Census Bureau’s American Community Survey Interrogation

Civil Disobedience and the Census

The Census, the Constitution, and Civil Disobedience

Marching Toward Swine Flu

Thursday, July 30th, 2009

As if the march toward a police state in America isn’t happening quickly enough, now the scare of a pandemic, swine flu, has the military desiring to use troops on US soil in the event.

Considering how poorly the aftermath of hurricane Katrina was handled, I have a difficult time believing an actual outbreak will be dealt with any more efficiently or any more politely. People were forced out of their homes, even when they were not in danger. People had their weapons confiscated so that they couldn’t defend themselves. Troops patrolled the streets like it was a war zone.

None of this report mentions military physicians, just military personnel. That means that there are those in government planning for one or more of the following; forced vaccinations, forced quarantine, forced relocation, quelling civil disorder (possibly including weapon confiscation) and even full scale martial law.

Why do I use the word “forced” here? Because that’s all the military does, is use force. That’s what the military is designed to do. There is no respect for the Constitution, no respect for local laws, just military power and authority. While I’m absolutely certain that there are those in the military who take their oath seriously and would refuse unethical orders given, there are just as many who would follow any order, due to their indoctrination to the military programming of behavior. That can lead to a very dangerous situation and violation our liberties.

When the John Warner National Defense Authorization Act was signed into law in 2007, Posse Comitatus, the prohibition of using military force within the US for local law enforcement, was erroded. Sanity eventual returned in 2008, when this portion of the JWNDAA was repealed. If the military goes through with this plan, they will be doing so in direct violation of Posse Comitatus. There’s no need for it, either. The National Guard has long been exempt from Posse Comitatus, when called up by a state governor. If a situation arises where military personnel are needed, the Guard can handle it. It’s part of their designed duty and their training.

In any case, something bad is afoot if the government is even entertaining this idea. I also find it quite interesting how the press continues to hype up the case for a major pandemic in the fall, as if the government has had any success in predicting disease outbreaks of any kind. Why the certainty?

There are more questions than answers in the whole affair.

Pure Evil

Tuesday, June 9th, 2009

"The Obama administration is considering a change in the law for the military commissions at the prison at Guantánamo Bay, Cuba, that would clear the way for detainees facing the death penalty to plead guilty without a full trial."

So states this article in The New York Times by William Glaberson.

I want you to read the sentence a few times over.  Mull it over in your mind what is being called for.  Grasp the very nature of this insanity and face the ugly, morality bereft purpose it portends.

This proposal is calling for the execution of held individuals, facing no actual charges, without holding a trial, if they confess to anything – even if the confession is taken under torture!

In current US military code, those who face capital charges cannot plead guilty, to prevent just this kind of abuse. Blend this insane proposal of accepting confessions under any circumstance with the compulsion of our government to torture confessions out of people and you have the perfect recipe for driving our culture straight back to the horrid injustice of the Inquisition!  The very call for such a thing is purely evil!

I could write a full respective post on this, but I would never surpass the simple strength of this post in Washington’s Blog.  I consider it mandatory reading.  Follow the links as well

In case all of this is still unclear, follow this scenario.  With the current insanity set by the Patriot Acts, the following can occur to anyone, foreign and US  citizens alike…

You are arrested under "suspicion of being a terrorist" (no actual charges filed) and are hauled off to some undisclosed military gulag.  Since you are considered an "enemy combatant", you will not be given any access to civilian court – you face a military tribunal, assuming they even hold one for you.  (They don’t have to, under the current law.)  You are denied access to a lawyer, tortured by waterboarding, sleep deprivation, psychological manipulation – under a whole litany of procedures that the CIA and military won’t even talk about, for whatever period of time the government wants to hold you.  Indefinitely if they want.  If your relatives even know what happened to you, they are not given access to you at any point.  During this period of indefinite incarceration, though no actual charges have ever been filed against you and no evidence exists that you were involved in any illicit activity, you confess guilt under torture to some "act of terrorism" which holds a captial penalty.  Without ever going to military trial and having never even talked to a lawyer (or anyone else outside of the military prison), the confession under torture is accepted and you are executed for it.

We are on the very brink, people!

If we fall into this hollow facade of "justice", we’ve lost absolutely everything good that this country ever stood for.

Addendum: I’ve reworded a major portion of this post to clarify the difference between military and civil court procedures and the affects of this proposal when blended with current law set by the Patriot Acts and others.

Mandatory Volunteers

Wednesday, March 25th, 2009

Obama is likely celebrating the Senate passing the Generations Invigorating Volunteerism and Education Act (GIVE Act) today.  It passed with huge support in the House and the Senate responded similarly.

This bill adds $6 billion to the budget over five years, to create 175,000 new AmeriCorps volunteer opertunities.

Among the things created by the bill is the Congressional Commission on Civic Service.  This commision is designed to study various topics concerning “volunteer working” by citizens.  This in itself is hardly anything to worry about, but in the same section of the bill, 6104, it states that the commission should determine, “Whether a workable, fair, and reasonable mandatory service requirement for all able young people could be developed, and how such a requirement could be implemented in a manner that would strengthen the social fabric of the Nation and overcome civic challenges by bringing together people from diverse economic, ethnic, and educational backgrounds.”

Mandatory service is in direct violation of the Constitution and is known by a more common name to most – slavery.

Obama denies that there is any plan to institute mandatory service, but the orginal wording of his page on change.gov stated exactly that.  It was only after fears of the idea started to tarnish his name, that the wording was changed to state that Americans would be “encouraged” to complete, “50 hours of community service in middle school and high school and 100 hours of community service in college every year”.

Mandatory service is an abomination that should not even been considered, let alone planned for. Mandatory service from our nation’s youth – the most impressionable of us – should be a bright red warning flag to those who remember anything of history.  That there were almost no cries against this bill in either branch of the Congress, tells just how corrupt the entire Federal government has become.