Monday, July 27, 2009

The Eulogy of The United States of America

In the beginning, The United States of America was a bastion of hope. In her borders, people were given the chance to be free of oppressive governments. Free to believe and worship as their souls dictated.

The Founding Fathers wrote up her indoctrination articles. In them, they hammered out the ideas, and the concepts that would shape and mold this young Nation into a beacon to the world.

Each time they met at a Constitutional Conference, prayer was given. Not to say that the Christian Faith that they held was to be the universal religion, but to show that these men believed in a higher power than themselves.

Through this prayer, our Constitution was born.

With this Constitution, our Nation was given life. This life was to offer the people of the world a chance to say "Enough." To this end, we opened our borders to anyone that wanted Freedom. And this freedom was stamped out in our Bill of Rights. That "All Men were Created Equal!" From these "men," a few were chosen to be our voice. Chosen to speak on our behalf.

Congress was called to represent the people. They were to be "of the people, by they people, and for the people." These Congresspeople knew their responsibilities, and took them seriously.

Commerce was established. Ideas were brought forth. And shortly after her inception, America was a force to be reckoned with.

We accepted other nations as they were, but we showed through our efforts that certain behaviors would not be tolerated. We went to War on numerous occasions.

Through our union with our old brethren, we were able to defeat the threat from the East, as well as the threat from Europe. We abhorred the ideals set forth by Germany's leadership. We set out to right the wrongs committed by them.

No more would we allow men and women to be denied their "unalienable rights" in this world. The United Nations, using ideals from our nation, drafted The Universal Declaration of Human Rights.

We even stopped the segregation that was happening within our own borders. We opened the minds of our own citizens to stop the hatred. Our people would be free, and equal!

Through our struggles to enlighten, we forced ourselves to continue to practice these ideals around the globe. Attempting to bring peace to all nations.

America has been a great nation to call home.

But, like in all things human; greed, complacency, apathy, and struggles for power ended up corrupting those that were supposed to be "for the people."

We quietly allowed our rights to be removed. Our Liberty was given up. The ideal that to remove someones rights was to also remove our own was gone. Still, the greed that consumed those in power continued to grow. The poison was leeching into the very minds of the backbone of our nation.

Justice no longer meant what it was spelled out to mean. Now, the more money you had, the more "justice" you received. In the end, her peoples were no longer "innocent until proven guilty," but "guilty until proven innocent."

Soon, the people no longer mattered in their opinions. Those in power began to tell the people, through the media, what they would think.

In the end, the very safeguards built into the Constitution, were utterly ignored. To the point that men ordained to the highest office were quoted as saying that our Constitution was but a "G.D. piece of paper!"

The ideals, the sacredness of the trust given, and the faith of the people were let down. No longer did a person have to be a natural born citizen to become the Nations President.

This President has ushered in a new Nation. This new nation no longer believes in the Republic she once was. This new nation breathes Socialism into her peoples.

Dead are the old ways. Dead is the Constitution. Dead are the Scales of Justice. The Great Nation known as The United States of America has finally fallen.

Fallen because of an attack from within.

Monday, July 13, 2009

Regulatory Laws on Personal Statutes

Regulatory Laws are known as Administrative Laws.

Statutory Laws are laws established by an act of Legislature.

The most interesting form of statutes are those called Personal Statutes.

A personal statute is something that one is assumed to "carry with him wherever he goes." Being a sex offender creates that personal statute. Sex offenders are told where they can live, who gets to know their personal business, if they can congregate, and if they have any rights. These statutes are all based off of a crime committed.

Sex Offender Laws are also considered "regulatory" in Smith v. Doe. The argument here was that the statutes were not illegal because they were "regulatory" and not "punitive." They merely wanted (their intent) to control the sex offenders and not punish them. Punishing them would have been Double Jeopardy. But, regulating their lives wasn't considered to be punishment. If they broke from the statute, then they were brought up on new charges.

The punishment only comes from the deviation from the regulation, and not from the regulation itself.

But, there is a problem with their thinking. Putting a personal statute on someone based on their criminal history creates a Bill of Pains and Penalties. Not only that, but the Supreme Court ruled that "...the constitutional prohibition may not be evaded by giving a civil form to a measure that is essentially criminal."

Creating a "regulatory" statute that has a punitive effect (even if the intent is to merely regulate) based off of a crime committed is wholly unconstitutional. Creating a regulation of a "personal statute" nature creates a "cruel and unusual" punishment aspect, as well as violating Double Jeopardy issues.

Sex Offender Laws, whether seen as Regulatory or Punitive, are still Unconstitutional.

And there are other Registries being made every day off of the success of the Sex Offender Registry.