A Series on the Loss of Rights: Due Process

"Due process (more fully due process of law) is the principle that the government must respect all of the legal rights that are owed to a person according to the law of the land, instead of respecting merely some or most of those legal rights. In the laws of the United States (U.S.), this principle gives individuals a varying ability to enforce their rights against alleged violations thereof by governments. Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to guarantee fundamental fairness, justice, and liberty. The latter interpretation is analogous to the concepts of natural justice and procedural justice used in various other jurisdictions."

There are two kinds of "Due Process", Procedural and Substantive. Procedural is the process by which things are done. Due process by procedures. Substantive on the other hand, are the rights given by the Constitution that are byproducts of the Bill of Rights.

Most everything you read these days is geared towards protecting your established rights. What you don't read about is the establishing of those rights.

Congress in it's near limitless power in creating a new law, often takes it upon themselves to use a House Rule to pass laws and not follow the Constitutional processes.

For example, the Senate is to have a Quorum when creating major legislation. In the definition of a Quorum, the Senate "presumes" that a Quorum is present unless someone calls for a roll call. Basically meaning that 1, 2, 5, or so people could be present to pass legislation. And unless one of those people is dumb enough to ask for a roll call vote, they can pass any legislation they want to. Couple that with Adjournment Sine Die, you get a Congress that does what it wants, when it wants, without the benefit of checks and balances.

Congress is supposed to have a quorum present (51%) when creating or passing major pieces of legislation. Congress is supposed to close it's doors at the end of their season. The Senate IS NOT to create legislation, they are to be the "cooling plate" for the House of Representatives.

So here's the question of the day. If Congress uses the House Rules to pass major legislation, are they following Procedural Due Process in the creation of laws? If they are not, are those laws considered to be Constitutional? Should they be "re-argued" with a true Quorum present? Are they completing their sworn duty to uphold the Constitution in the creation of these laws? Are our rights as citizens under the Constitution being protected when they create laws this way?

A Nation Trained to Fear.

I found this on another site and found it to be appropriate for here...

COMMENTS WELCOME

A Nation Trained to Fear
By kiokwus, published Oct 19, 2008

Rating: 4.0 of 5



Sex Offender. A term that causes the hair on "decent" people to stand on end, bring out the cold sweat of uncontrollable loathing enough to make a person sick with revulsion. A term used by politicians to justify submission of proposals, totally opposite what this country was based upon, to further degrade, chastise, regulate, demoralise, restrain, those labeled sex offenders to a life of abject poverty as well as hopelessness beyond measure.

What constitutes a sex offender? Is it the 5 year old boy who while giving his teacher a hug, moves his face back and forth between her breasts? The 8 year old's "comparing themselves" to each other? The 12 and 13 year old boy/girl friend that are both charged against each other as both being victim and offender when the girl became pregnant? Or the high school teen lovers that are a few years apart and the boy turns 18? What about the girl who takes pictures of herself and sends it to her boyfriend and friends? Or the boys "slapping the rears" of girls while running down the hallway in school? (Girls did the same) How about the people forced to urinate in the bushes after the local DA locked the public rest rooms, to pounce on these unfortunates and charge them with indecent exposure? Or the old man chasing after young girls?

In our world today, they all are labeled as sex offenders.

From the young 5 year old to the old grandfather, a label of sex offender sticks upon them forever. It matters nothing of when the offense took place, the circumstances, how long they "must" register, nothing removes this stigma from their lives. Contrary to when the officials tell you, this stigma affects not only the individual, but every person associated with this person. Entire families are subjected to the painful applications deemed appropriate for the offense committed. The justification? To save the children of course.

There are those who firmly believe that anyone labeled a sex offender, deserves the most horrendous punishment that can be handed down by the courts of law. Stipulations are given, requirements must be fulfilled, restrictions are put in place, rules are to be followed, demands are to be kept, and changes come without notice that extends all of these so there really is no end in sight. The public believes that anything is justified, for the sex offender "destroyed" the life of the victim. When then does punishment end and forgiveness begin? Not all "victims" feel there should be unending punishment.

In many cases, the victim is a family member and over time, the family has worked diligently to be reunited. Once reunited, the family should be able to live life once again without constant harassment's and stipulations. But this is not to be so. Now the horror placed upon the stigma of sex offender, affects all the members of the family including the "victim". What is demanded of the offender, is now demanded of the victim and family. Housing restrictions do not mean just the offender. It also includes the family. The option of the offender again leaving the family unit is undesirable as all the work to reunite to family is for naught.

Many communities have passed laws or ordinances that stipulate just that. Additionally, many children services across the nation now feel they have the right to demand the offender leave, regardless of what the courts and counselors approved. Not doing so may cause the children to be removed from the family unit, the spouse to be charged with child endangerment or a host of other crimes, and the offender ousted into the cold once again.

Many states, in the frenzy of finding anyone who ever had a sex offense, has created laws governing the application, retroactive to 50 or 60 years before or longer. Those who have been caught up in this roundup, may have never done another crime, yet now their lives are to be destroyed as if the offense took place yesterday. The impact of such not only destroys everything this person has ever done in his or her life, causes the community to now fear this person and react according to this fear. Horror enters the persons life, fear that someone will take matters into their own hands becomes a daily fear. What had been punished and satisfied from many years ago, now resurfaces bringing all today's horrendous requirements into play. Why is such to be?

Truth is, there are those who do belong behind bars, to be monitored for life. Those who have committed such horrible crimes that cannot be satisfactorily punished regardless of what the courts dictate. Those who do commit over and over the crimes against children and adults as well, exist. How many? That I cannot answer. What can be stated is the majority of "sex offenses" are well beyond common sense. Not every action is a sex offense, though the elected leaders would have you believe so.

The application of sex crime is out of control and more "offenses" are dreamed up and included daily. When is the public to understand the actions of today may become the crime of tomorrow? The innocent baby pictures that are taken and exist for oh so many years, today could be and would be considered child porn under the standards set by those in power. You could be charged with child pornography without even understanding the why of the charge.

Halloween is once again upon us. Everywhere you look today, the unfounded fear that sex offenders are out in droves to molest or steel your children has brought "restrictions" that sex offenders are mandated to follow. Anything from reporting to jail, probation parole offices, locking their doors, turning off the lights, to placing "pumpkins" in their windows or on their doors exist. Special "visits" by the police are scheduled to insure sex offenders are following the "rules" or be subjected to immediate arrest. Sex Offenders are forbidden to partake in any activities to include those within their own families.

There has never been a case of any child being molested or stolen by a sex offender on Halloween.

Every holiday, this is becoming the "norm" in today's society. From those in power to the media, the standard is to keep the horror of sex offenders alive, to have the public fear for their children, to amass in rallies or other groups, demanding that those officials do something to drive the sex offender and family out of their neighborhoods. What is the justification? Sex offenders can never be changed, they will always commit another crime. Our anger and the safety of our children give us license to do what ever it takes against any sex offender and if they have a family, that family is either stupid, or like the offender and should be punished the same.

November 1st, all this will behind us once again. No one was molested, no child stolen. Things can calm down for a few weeks. Then we can start it all again come Thanksgiving, then Christmas, New Years. New demands will be voiced. New restrictions submitted. Further disenfranchisement of sex offenders and families be put into place. The public is unwilling to learn. The fear ingrained into them is much to powerful to allow opposing views and facts enter. The blinders remain.

Not every offense is a sex crime, not every person is a sex offender, not every person will commit another sex offense. Education works. Counseling works. This travesty must come to an end.