American Rights 101

[normalnoises]

http://unclesamsucks.com

American Rights 101

the Pursuit of Happiness- "

In this first segment we see that there was a common belief, that God has given man certain Rights that were not to be taken from him. These Rights were Life (the Right to live), Liberty (the Right of Freedom), and the Pursuit of Happiness (the Right to pursue Happiness- whatever that may be).

Its pretty obvious that the right to live means just that. The right of Liberty (to be free) means just that as well and should be clear that laws that take away Freedom should be condemned and immediately abolished. Our Right to Freedom means that whatever we choose to do (especially on our own property), we should be Free to do it as long as it does not violate the Rights of someone else of course. We should be Free to do what we choose with our earnings (the fruits of our labor) as well. If we are forced to do with it what we choose not, then we obviously do not have that Right of Liberty.

Now the Right to the Pursuit of Happiness should also be clear. Whatever we choose to do that makes us happy, we should be allowed to do it, again of course, as long as we do not violate the Rights of others. If someone chooses to do drugs because that makes them happy.... should they be stopped or arrested?

"That to secure these Rights, Governments are instituted amongMen, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundations on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness."

In this next part we see that to secure our Rights (to protect our Rights), Governments are put in place among us. This is quite clear that the role of Government is to Protect us and Our Rights. Also that they get their Powers from the "Consent of the Governed". This means they have only the power that we give them. Their power is only with our consent.

Next it is explained rather clearly, that as soon as Government becomes destructive (straying away from what we put them there for), it is our Right to change or get rid of and place a new Government that respects our principles, safety and happiness.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, that to right themselves by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpations, pursuing invariable the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security........

Finally we see the understanding that all men have flaws and we shouldn't overthrow our appointed Government for petty things ("light and transient causes"), but when we see "a long train of abuses" (the pattern of abuse of authority and power), it is our Right, Our Duty, to over throw them and provide new Guards of our Security. Again stating the actual role of government; - to Guard our Security!

Note: This above document does not say anywhere that government is allowed to violate our Rights or take away our Freedom. It does not say they are here to tax the hell out of us. After all, whatever they do, can be done ONLY with our consent. If they violate (in any way) our Right to Life, Liberty, or our Pursuit of Happiness, they should be overthrown, no questions asked!

The Bill of Rights- The first 10 Amendments (in plain English)

The 1st through 10th Amendments to the Constitution of the United States known as the Bill of Rights, should be known by every American. Our Government doesn't seem to want us to know these though and are working diligently to destroy these Rights (see our page on George Bush's Patriot Act Here!)

Learn your Rights! Every American should know them.

Amendment l.

The 1st Amendment is most notably known as our Right to Free Speech. We can say what we choose, the Freedom of Speech. This Amendment also gives us the Right to the freedom of religion. We are free to worship whomever, whatever, and in any way we choose (without violating the Rights of anyone else of course). (For example: If our religion says it is ok to sacrifice other humans we obviously are prohibited from doing so).

We also are allowed to peaceably assemble and protest government and any other functions. This Amendment also gives this freedom to the press and media to say and report what they want.

Without this 1st Amendment this website would not be here. Thanks to the Right of Free Speech! Don't be surprised if this website is taken down someday though as Big Brother is doing all they can to violate us and take away this Right. Some have even been mysteriously murdered for saying certain things about our Government.

Amendment ll.

The 2nd Amendment gives us our Right to Bear Arms. Notice it does NOT say "unless it is an automatic weapon or assault rifle", or anything to that respect. This Right was given to us by our Founding Fathers so that we could protect ourselves, families etc., in anyway or with anything needed.

Of course our present Government doesn't like the thought of us having any weapons at all. They want it easy for themselves to overtake us in their future Police State. They obviously don't give a hoot about our safety! Every week we see new actions, regulations and laws to regulate guns in some way or another. Without this Right we will be helpless against both criminals and Government. See our page on gun laws Here!

Amendment lll.

The 3rd Amendment gives us the Right to Not have to allow the military access to our homes to rest, sleep, eat etc.,. This was an issue in the past in which soldiers came in and did what they wanted in time of war. Not anymore! It is our home and we have the Right to allow whom we choose to enter into it.

Amendment lV.

The 4th Amendment protects us against unreasonable searches and seizures. Our person, papers, homes, vehicles, and properties are all protected against these unreasonable searches without a probable cause. A Warrant which is given through an Oath of Affirmation must list the place to be searched and the things and person to be seized. Law Enforcement and Judges all take this Oath and "should" be honest but....

This Amendment is constantly violated by dishonest and evil Government Authorities.

Basically though, we should never be searched or harassed unless we give a good reason to suspect us of a crime. Remember we are Innocent until Proven Guilty!

Amendment V.

The 5th Amendment keeps us from being held to answer for a capitol crime without a Grand Jury. It protects us from being tried over again for the same offense and from having to testify against ourselves. It also protects our lives, liberty and property without due process of law as well as protects our private property from being taken away from us for public use without just compensation.

Amendment Vl.

The 6th Amendment gives us the Right to a public and speedy trial with an unprejudiced jury in the state and district where the alleged crime was committed. It also gives us the Right to be confronted with the witnesses against us, the Right to bring in our own witnesses and the Right to Legal Counsel for our defense.

Amendment Vll.

The 7th Amendment gives us the Right to a Trial by a Jury rather than maybe "getting stuck" with a cruel or prejudiced judge. Also once tried by a Jury the facts cannot be re-examined again in court.

Amendment Vlll.

The 8th Amendment protects us against excessive bail amounts and excessive fines and also from cruel and unusual punishments.

Amendment lX.

The 9th Amendment protects each of or Rights and guarantees these Rights are for us all.

Amendment X.

The 10th Amendment says that the powers not delegated to the USA by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. This is saying that no powers above the Constitution can be put upon us. We are protected by this Constitution and our Rights cannot be taken away. The 10th amendment also PROHIBITS any federal law enforcement functions keeping us safe from a Police State.

HR3162 The Patriot Act

You will see that this Bill does NOTHING to fight the War on Terrorism and its only intent is to take away the Rights of the American People! This Bill is criminal and Treasonous!

The Patriot Act is President Bush's new law that was introduced immediately after the 9-11 Attack. This Bill was never studied by Congress. This Bill was introduced as the answer to fight back against Terrorism and must be put into effect immediately to save America! No one in Congress ever studied this Bill before voting on it. They did not have time! They were strategically manipulated into signing it with the false presumption that if they didn't, then they were not Patriots. - Very Clever!!!

Notice the title of this Bill: "The Patriot Act". Anyone in advertising understands how important the Title or Headline is to an article, story etc.. Well take the Title of this Bill for example; The Patriot Act. This is nothing but a trick into the minds of everyone that sees this Bill and President Bush and Crew knows it.

With the tragedy of 9-11 happening at the time this Bill was introduced, anyone in Congress with a sympathetic heart for the victims and who claims to be an American Patriot would be sure to vote in its favor, even without the time to study it. After all, if you really were a Patriot you would of course be for this Bill, as the name (Patriot Act) implies. This was the tricky reason for the Title.

The Patriot Act does nothing to end or even fight Terrorism! This Bill fraudulently takes away the Rights of the American People, that our ancestors and founders of this once great country fought so hard for, and paid for with their blood.

The Patriot Act destroys your 4th Amendment against unreasonable searches and seizure of your property allowing the FBI to enter your home (even if you are not home!), search and seize anything they want and use the evidence against you in court. You might not ever even know that they were in your home!

The Patriot Act allows the CIA to share the ability of wire tapping with law enforcement. Law enforcement can then tap your phone or email and use the evidence in court against you. I don't know about you, but just the thought of any government agency "legally" being able to listen to my personal phone calls or reading my email makes me extremely upset! Do you really think this intrusion on privacy will only be used on Terrorists? How do they know who is a Terrorist?

The Patriot Act also gives Government the right to now tape conversations between attorney and their clients destroying your 5th and 6th amendments and your Right to private attorney counsel. They say this will only be used against Terrorists, but again, how do they know who is a Terrorist? This taping and invasion of your Right to privacy is obviously done BEFORE a trial! A verdict must be reached before someone is "proven" to be a Terrorist! Remember, INNOCENT UNTIL PROVEN GUILTY!!!

Bush and his regime are also furious against the Media and American People that are finally demanding answers to his Treasonous Lies in the foreknowledge of the 9-11 Attacks. So now he is threatening to jail those that are asking these questions saying there is already one investigation going on. He is now trying to get this passed, to put those that exercise their Right to Free Speech (your 1st Amendment) against him in jail.

As you can plainly see, the Patriot Act and everything Bush and Crew are doing in the White House is nothing but a way to Destroy your Rights and the Constitution and to keep his agenda and criminal acts against the United States of America secret and hidden!

Bush knows that the American People have NOT learned their Rights in public schools.

Bush knows that Americans get their facts and news from government controlled media.

Bush knows that Americans worry more about who is in the Super Bowl or World Series than to notice that our once free nation is under attack by the United States Government, destroying our Rights and the last of our Freedom!

Bush knows all of this and preys upon it!

America just sits and watches!

Stand up America! Get off your lazy, ignorant asses and fight against the Patriot Act!

No "TRUE" Patriot would be for this Bill.

The following article is a must read in regards to this criminal Patriot Act

Subject: WAKE UP AMERICA!! ''High treason in the U.S.

government''

WAKE UP AMERICA!!!!

NOW is the time to take back our government and reinstate the Constitutional

Republic, unless you want the UN and the global socialist movement to do it

for you! Think about that, because that is the Hegelian Program, just

waiting in the wings, to destroy American sovereignty along with our

liberty...The entire world, justifiably or not, sees us as the "Evil

Empire", thanks in large part to the Skull and Bones Bush-Nazi Cabal which

has had its filthy hands in the pot for over a century. The UN socialist

globalists around the world are just frothing at the mouth, aching to bring

this country down for it. I hope you can see that by now.

We absolutely must put a stop to this dictatorship IMMEDIATELY or face

certain destruction! And that is what we will have earned through our

inaction. This matter must be dealt with inside our borders or it will

definitely spill out beyond them into none other than the eager claws of the

UN. That means we need massive protests by PATRIOTS and hard-hitting legal

action in the very near future against King George II. That means NO MORE

SHILL "IMPEACHMENTS", but CRIMINAL CONVICTIONS! And if that doesn't work, we

know what to do then...our forebears showed us how over two hundred years

ago.

THE BUSH CABAL MUST GO NOW!!!!!!!

A SERIES OF USURPATIONS AND CRIMES OF THIS MAGNITUDE CANNOT BE ALLOWED TO

CONTINUE UNCHECKED AND THEY MUST FACE A VERY DESERVED RETRIBUTION.

Q: Just who is a terrorist?

A: Anyone (non-U.S. citizen or U.S. citizen alike) Attorney General Ashcroft

designates as one.

''High treason in the U.S. government''

http://www.yellowtimes.org/article.php?sid=444

''High treason in the U.S. government''

Printed on Thursday, July 04, 2002 @ 11:14:01 EDT ( )

By Doreen Miller

YellowTimes.org Columnist (United States)

(YellowTimes.org) – Q: Just who is a terrorist?

A: Anyone (non-U.S. citizen or U.S. citizen alike) Attorney General Ashcroft

designates as one.

Q: On what evidence can Ashcroft designate someone as a terrorist?

A: Mere suspicion and hearsay.

Q: What legal rights and Constitutional protections does someone detained on

the grounds of being a suspected terrorist have?

A: Next to none.

It may be difficult for some hard-core, patriotic Americans to believe the

veracity of the preceding question and answer series, but the answers to the

questions are based upon the implications and dangerous ramifications of the

USA PATRIOT Act (USAPA) that was passed last October by so-called

congressional representatives who never bothered to read or debate it.

It slipped through at the midnight hour under the cover of darkness, voted

on by men and women engulfed in a terrifying atmosphere of shock, fear, mass

media hysteria, and suspiciously targeted anthrax mailings.

U.S. government officials would have us believe that this 342-page,

complexly nuanced document was allegedly crafted after September 11 in the

time span of a little over a month. To accomplish this feat would have

required the in-depth study of fifteen other lengthy acts and statutes which

it modifies and amends.

The act's extremely clever yet highly misleading acronym USA PATRIOT, which

stands for "Uniting and Strengthening America by Providing Appropriate Tools

Required to Intercept and Obstruct Terrorism," is an obvious attempt to

intimidate and brand as "unpatriotic" and treasonous anyone who might dare

to question its alarmingly overreaching provisions.

In light of the egregious evisceration of the Bill of Rights that this law

undertakes, those who blindly supported and signed this blatantly

unconstitutional act into law should be collectively condemned and charged

for high treason to the Constitution and the people of the United States of

America.

Careful perusal of the USAPA reveals that it defiantly and maliciously

tramples on:

The First Amendment - the people's right to exercise freedom of religion,

speech and peaceful assembly "to petition the Government for a redress of

grievances"

The Fourth Amendment - the right "to be secure in their persons, houses,

papers and effects, against unreasonable searches and seizures" whereby

warrants - only to be issued upon "probable cause" - must be specific as to

place to be searched and persons or things to be seized

The Fifth, Sixth and Fourteenth amendments - which outline the right to due

process - a trial by one's peers, to face one's accuser as well as view the

evidence against oneself, and to have an attorney

The Eighth Amendment - which safeguards the people against excessive bale

and fines, or cruel and unusual punishment

Under sections 411 and 802 in the USAPA, a terrorist is loosely defined as

anyone being "a representative of a foreign terrorist organization, as

designated by the Secretary of State," and domestically, anyone engaging in

"activities that - involve acts dangerous to human life that are a violation

of the criminal laws of the United States or of any state; APPEAR to be

intended to intimidate or coerce a civilian population; TO INFLUENCE THE

POLICY OF A GOVERNMENT BY INTIMIDATION OR COERCION..." [capitals mine]

The inclusion of the word "appear" leaves interpretation of the law wide

open to subjectivity and personal whim, as anyone can rightfully claim

something "appears" to be intended for a particular purpose. Note also that

our first amendment right to gather in protest against what we may see as

unjust government policies could easily fall under the concept of

"influencing" government policy by "intimidation or coercion."

Anyone participating in activist groups such as Greenpeace, Earth Liberation

Front, People for the Ethical Treatment of Animals, or in protests like the

1999 demonstration in Seattle against the WTO could find himself suddenly

stripped of his rights by the simple act of being declared a "terrorist" in

keeping with the definition of this law. Under section 803 of this Act, even

the simple act of giving food or shelter to a friend who may have been

involved in any of the aforementioned activities could, in turn, have you

incriminated and branded as a "terrorist" as well.

The USA Patriot Act absolutely shreds to bits the fourth amendment. Section

213 permits so-called "sneak and peek" searches. Translated, that means the

government has the right to go into your home while you are away, copy your

hard drive, files, or whatever, gather and take any information or items

they please without ever serving you notice since "the execution of a

warrant may have adverse effect." They can then delay serving you notice for

up to 90 days after the fact. These newfangled warrants can now be issued

for a flimsy "reasonable cause," further undermining the much more difficult

to achieve "probable cause" stipulation of the fourth amendment.

Sections 216, 217 and 218 allow for unrestricted wiretapping, the tracing

and spying on email messages and internet activities of anyone anywhere in

the USA without the need to obtain a court order as long as "the information

likely to be obtained... is relevant to an ongoing criminal investigation."

How nebulous can that get? A lawyer of any worth would be able to argue the

"relevance" of anything to an unspecified "ongoing criminal investigation."

Kiss your protection from "unreasonable searches" good-bye and say hello to

Big Brother USA.

If you think this law applies only to foreign nationals, think again. José

Padilla, although by no means a model U.S.-born citizen, had his civil

rights stripped from him this past May just by Ashcroft's uttering the magic

words, "enemy combatant" and "suspected terrorist." To this day, no solid

evidence has been produced to substantiate Ashcroft's claims - neither bomb

parts, nor bomb assembly instructions, nor any plans or maps of intended

strike areas.

A "suspected terrorist," according to section 112, needs only to be

"certified" by the Attorney General on "reasonable grounds" that he

"believes" someone to be engaged in terrorist activities. Again, no solid

evidence is required, only a belief or suspicion suffices.

Section 236A gives the Attorney General unprecedented powers untouchable by

any court, whereby he may detain a suspect in increments of up to six months

at a time if he believes the suspect's release would threaten national

security, or the safety of the community or any person. "At the Attorney

General's discretion" [read: personal whims], "NO court shall have

jurisdiction to review, by habeas corpus, petition, or otherwise, any such

action or decision." [capitals mine]

In other words, the Attorney General's word is sacrosanct! To give one man

such grave and all-encompassing power over the fate of any other individual

is akin to what happens in fascist police states, not in a free and openly

democratic society.

Whatever happened to one's right to face one's accuser, to have a fair trial

by one's peers, to be allowed to view the evidence against oneself, or to

have an attorney?

Is it not cruel and unusual punishment to be denied your civil rights, to be

considered guilty until you can "prove yourself innocent" - which is, in

fact, very difficult to do - to be held in prison on "secret evidence" for

months or years on end with no access to a lawyer and no chance of defending

yourself against false and unfounded accusations?

I heard President Bush on the news a few weeks ago boasting that the U.S.

has so far "captured and detained over 2,400 suspected terrorists." Yet, by

most accounts, most people being detained were initially brought in on minor

violations (which in a saner world would not have resulted in

incarceration), and have not had any terrorist-related charges brought

against them.

To this day, it is my understanding that fewer than a dozen have actually

been connected to any terrorist activity. Is that what a democracy does:

imprison whole groups of people to catch the fewer than 1 percent who are

actually committing criminal acts?

The USA PATRIOT Act also includes under the "crimes of terrorism" umbrella

the destruction of property even if no one is hurt (section 808),

telemarketing fraud (section 1011), as well as any kind of computer hacking

(section 217). Under the rubric of "guilt by association," this act also

permits the denial of entry to and even the imprisonment of "the spouse or

child of an inadmissible alien" who's been "designated" as a terrorist

within the past five years (section 211).

The FBI can now legitimately demand access to anyone's business, medical,

student, bank, library or any other personal records in order "to protect

against ... clandestine intelligence activities." (Sec. 501) The Associated

Press reported on June 25 that the FBI has been reviewing the library

records of several hundred individuals in libraries across the nation using

a quick and largely secret process which is now legal under the PATRIOT Act.

Judith Krug, the American Library Association's director for intellectual

freedom, in a straight-forward statement is quoted as saying, "... these

records and information can be had with so little reason or explanation.

It's super secret, and anyone who wants to talk about what the FBI did at

their library faces prosecution. That has nothing to do with patriotism."

It seems we must now extend Ashcroft's warning about watching what we say in

public to include what we may read as well. It is really not such a large

leap to imagine our hyper paranoid government beginning to imprison people

suspected of "aiding and abetting the enemy" based upon their "unpatriotic"

ideologies and choice of reading material.

The USA PATRIOT Act creates and allows for a virtual police state with

little to no judicial oversight. We, as a nation, are literally treading the

razor's edge when it comes to flirting with the grave dangers inherent in

giving up our rights for the empty promises of "safety" and "national

security" masquerading under the guise of a "patriotic" PATRIOT Act. Once we

fall off that edge, reclaiming and reinstating our rights, authority and

power as "WE THE PEOPLE" of this great nation might prove very difficult.

The next obvious question is: just what can the average person do? Across

this nation, wise and enlightened individuals have been forming groups to

fight the injustices that the PATRIOT Act imposes on us. Resolutions have

been passed unanimously by city councils in Amherst, Leverett, Northampton,

Ann Arbor, Berkeley, Denver, and Cambridge. Other cities and towns are in

the process of preparing their own resolutions and gathering signatures on

petitions to protect our civil liberties against the offenses of this Act.

The Northampton Bill of Rights Defense Committee's website,

(www.gjf.org/NBORDC), offers a wide range of organizing tools, links, and

information about similar campaigns around the country to help you get

started in your own community.

A rally in Boston this past June 22 kicked off a movement in Massachusetts

to gather 100,000 signatures to petition our Mass. congressional delegates

to introduce a bill that would call for the repeal or amendment of those

sections of the PATRIOT Act that stand in clear violation of our

constitutional rights. For more information or to get involved, you may

contact the ACLU of Massachusetts at 617-482-3170 x 314.

At this critical juncture, to sit back and naïvely trust our government

officials to protect anything other than maintaining their own uncontested,

ill-gotten power is to risk losing the very liberties, rights, and freedoms

our founding fathers fought so hard to procure for each and every one of us.

If we don't stand up for our rights, then who will? If we don't demand the

extension of these same rights to all people within our borders, then we are

nothing but accomplices in the hypocritical, haphazard, and biased

application of our nation's core principles of democracy and equal rights.

In closing admonition, I have taken the liberty of adding a few lines to an

excerpt taken from a sermon given in various times and places by Martin

Niemoller, 1892-1984, a Protestant pastor in Nazi Germany:

They came for the "suspected" terrorists, and I didn't object -

For I wasn't a "suspected" terrorist;

They came for those of Middle Eastern descent, and I didn't object -

For I wasn't of Middle Eastern descent;

They came for the unpatriotic, and I didn't object -

For I was not unpatriotic;

They came for the dissenters and activists, and I didn't object -

For I wasn't a dissenter or an activist;

"They came for the Communists, and I didn't object -

For I wasn't a Communist;

They came for the Socialists, and I didn't object -

For I wasn't a Socialist;

They came for the labor leaders, and I didn't object -

For I wasn't a labor leader;

They came for the Jews, and I didn't object -

For I wasn't a Jew;

Then they came for me -

And there was no one left to object."

Addendum: For those who may be interested, the final official version of the

USA PATRIOT Act can be found at the following site:

http://216.110.42.179/docs/usa.act.final.102401.html

[Doreen Miller lived, studied, worked and traveled abroad for several years,

and is currently a Senior Lecturer and educator of international students.

She dedicates part of her time to serving the elderly and Alzheimer

patients. Mother, musician and poet, she pursues an avid interest in

Buddhist and Eastern philosophy. She advocates human rights, social justice,

fair trade, and environmental protection. Doreen lives in the United

States.]

Doreen Miller encourages your comments: dmiller@YellowTimes.org

YellowTimes.org encourages its material to be reproduced, reprinted, or

broadcast provided that any such reproduction must identify the original

source, http://www.YellowTimes.org. Internet web links to

http://www.YellowTimes.org are appreciated.