Sunday, September 15, 2013

Historical, and not in a good way, USSC decision

Ladies and gents...apparently while we've all been busy focusing on President Obummer, the congress, the various government agencies and how THEY are trying to fuck us....
Repeated multiple attempts and and infringements on our 2nd amendment rights since 1934 on the federal level. the stuff they've been doing on state levels in certain states is seriously heinous.
Attempts to regulate us into virtual and financial slavery....the clusterfuck known as Obamacare, EPA regulations, OSHA regulations.  New rules and regs up and down the government bureaucracy alphabet soup. 

We kind of forgot to watch the United States Supreme Court.

In a decision this June...in language that leaves me cold...the dishonorable justices termed our constitutionally protected rights...well just one for now, as privileges.  No I shit you not.  In Salinas V. Texas  the supremes...inluding Justices, Scalia, Kennedy,  Thomas, Alito.etc, all..said the plaintiffs case failed to meet requirement for the 5th amendment.  Justice Alito went so far as to say, and Justices Kennedy and Chief Justice Roberts agreed that,
"JUSTICE ALITO, joined by THE CHIEF JUSTICE and JUSTICE
KENNEDY,concluded that petitioner’s Fifth Amendment claim fails because he did not expressly invoke the privilege in response to the officer’s question
"

Wait...what?  Since WHEN did our constitutionally enumerated and protected RIGHTS become privileges?    Here's a kicker...the only justice to file a dissenting opinion in this case was Breyer.


Now without a singular doubt the plaintiff[suspect] should have exercise his right to shut the fuck up to avoid self incrimination just a tad sooner. But at the time of his questioning, he wasn't under arrest, he wasn't mirandized, he was cooperating with officers. up til they got to the point where they asked him if the shells found at the crime scene would match his shotgun. THEN he shut up.  Read the file.  It's interesting. He wouldn't answer that one simple question but cooperated with every other single question the PD asked.  Hell they lacked sufficient evidence to arrest him for it in the first place so they arrested him for outstanding traffic warrants to his name. He was released due to insufficient evidence to even attempt to try him for murder. They arrested him on hearsay "witness" evidence in which someone else said they heard Salinas confess to the murders.

Justice Alito went on to say in his opinion that "The privilege against self incrimination is an exception to the general principle that the government has a right to everyones testimony"


Justice Breyer wrote and Justices Kagan, Ginsburg and Sotomayor joined him..
"In my view the fifth amendment here prohibits the prosecution from commenting on the petitioners silence in response to police questioning. And I dissent from the courts contrary conclusion"


A friend of mine upon reading this story on my facebook wall said...and I quote  "if the amendments can be classified as privilege, then think of the 1st, 2nd, and 4th and how they come into play. In short as a country, you are screwed if this is allowed to continue"In short I happen to agree with him. Although he's leaving out the 6th. 8th  and frankly the government on all levels has been ignoring and pissing all over  the 10th for  decades if not longer. If we allow the courts to redefine our constitutionally protected rights as privilege, then we are dead as a nation. Dead and buried and all over but the dying and enslavement of the people.  So the question becomes...what happens, what do we do going forward? 

In the long....

There are it is said 4 boxes of liberty.  First is The Soap Box ,in which we speak our minds and try to enlighten others as to what we think and why we think and try to bring them around to thinking as we do through logical, reasoned and sometimes highly impassioned  argument.

Sadly a great many aren't listening to logical argument backed by historical examples and it's hard to cut through the noise of the Progressive Propaganda Ministry when those who believe what the PPM and the government tell them, stick their fingers in their ears and hum real loud when we TRY to have a conversation.  So as far as I'm concerned...by and large the soap box is now useless outside of , as they say, preaching to the choir.

The Ballot Box in which we vote our conscious and try to put people in office who hold closest to our own ideals and beliefs.  Well that one is now well and truly fucked.  Anytime anyone comes out of the grass roots as it were, a reformer, they are vilified, shouted down, shouted over, etc...or the PPM digs out old skeletons as it were to destroy them. Look at what happened with the willing connivance between the PPM and the Republican National Committee  in 2011-2012 election cyclein their successful efforts to destroy every other possible candidate until we were left with Romney...the RNC's chosen man, chosen I might add before the first goddamn debate was even over.

The Jury Box- in which we chosen for a jury are supposed to decide whether we believe someone guilty of a crime solely on evidence, not emotion.  You can feel in your heart that a defendant is as guilty as sin, but if you decide the case on that,  on feeling. on facts not in evidence you fail your duty as a juror, and better pray to whatever god you believe in that  you don't face the same dishonesty in your jurors should you face a judge and jury someday. IOW should the shoe be on the other foot.  I don't care if the son of a bitch on trial has a record as long as my arm that includes rape, robbery and all sorts of other fun and entertaining criminal discord...the fact he's out is either a failure on the part of cops to find actual evidence, the prosecution to prove it's case or the system itself for failing us all. Make  no mistake the justice system is failing us miserably.  It's also still having some successes and actually doing it's job.  I could keep on in this vein and give examples and what I believe is a huge travesty of justice in keeping someone alive whose such a danger to the populace that we keep him in a cage indefinitely at tax payer expense, and it's expensive. [it runs in the BILLIONS to house a states prisoners every year.] rather than removing him from the equation of life. However that is an issue that includes my take on the death penalty and that discussion is NOT why we're here right this second.

 Finally there is the final arbiter...the ammo box. In which the only way to be free because the other 3 boxes have failed...is to start the bullets flying and people on both sides start dying.  Frankly as heated and nasty as the arguments are getting, as we have more and more examples of a government run amok...we may very well be approaching that time.  Our forefathers guaranteed us and protected this final box in the Constitution because they knew as students of history, that all governments eventually slide over that embankment of power onto the road of  tyranny eventually. They knew that a free, educated and armed populace could not be enslaved without a fight, or deceit and  trickery.

Can we who believe in the Constitution and the greatness of our nation turn back the tide of tyranny using solely the 1st 3 boxes before it's too late, and have no choice but to open the fourth?
 I don't know what to think on that score anymore.  Somedays I say unequivocally "yes" and then I read shit like this court opinion, see honest people vilified and verbally stone for their honesty and forthrightness and  belief in the greatness of the nation, the law and the people. I've said before I've been blocked from and by more groups than I care to think about. Most of them are a mental masturbatory circle jerk echo chamber. Some started out that way...some get taken over by the idiots and become that way and.......sigh and this is turning into one long assed ramble in the end. Time to end it.  I leave you to think your own thoughts and come to your own conclusions.

Remember TANSTAAFL and...

I now return you to your regularly scheduled inanity and insantiy


3 comments:

  1. Wolfy! Glad you are back. Was worried about you.
    Good article.

    leaperman

    ReplyDelete
  2. Once again, I hope you are wrong...but I fear you are right.

    And since hope has been working out for us so very well so far...

    ReplyDelete
    Replies
    1. yeah that hope and change my friend. sigh...

      Delete

Feel free to drop a line but try and keep it civil if it breaks into a heated discussion.