15 December, 2011

Thoughts on American Governance

I apologize wholeheartedly for the recent lack of humorous, lighthearted posts on this blog. The fact is that to those paying attention, the world offers little to joke about.


SOPA seems assured to pass. The fact is that this shit sandwich of a law has corporate and bipartisan support. Politically speaking, Obama would be a fool not to sign it into law. With the NDAA due to be signed into law by Obama as well, the notion of a free America is quite well on its way to being dead and buried.

Can you seriously name one of our ten amendments in the Bill of Rights that hasn't been asterisked by some piece of bullshit legislation? Let me clarify this:

*First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (Aside from SOPA, the NDAA provides the military with the ability to detain protesters without due process indefinitely. Further, the government has implicitely acknowledged the existence of a deity in our supposed national motto, "In God We Trust.")

*Second Amendment – Militia (United States), Sovereign state, Right to keep and bear arms.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. (Don't even get me started on the bullshit gun laws in place.)

*Third Amendment – Protection from quartering of troops.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. (The NDAA declares America - in essence - a battlefield. A presidential order could easily see troops quartered in your home should local command feel it prudent.)

*Fourth Amendment – Protection from unreasonable search and seizure.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (PATRIOT ACT, NDAA, SOPA, PIPA, et al)

*Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (The PATRIOT ACT essentially destroyed this amendment.)

*Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. (See the NDAA and the PATRIOT ACT)

*Seventh Amendment – Civil trial by jury.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. (Again, see the NDAA and the PATRIOT ACT.)

*Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (Once again, NDAA.)

*Ninth Amendment – Protection of rights not specifically enumerated in the Constitution.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (Intact on paper. I am less than inspired by the ability of the government to see to this in practice.)

*Tenth Amendment – Powers of States and people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. (The rise in federal power over the history of the United States has effectively rendered us a unitary state with federalistic features. The notion of a state going against the will of Washington is now an absurdity.)

So you see, it is not altogether ridiculous to suppose that we are no longer a free nation as it stands. Though this may be hyperbolic to some, I feel the inevitable passage of SOPA is just one more nail in the coffin of American Liberty. The sooner we rise up as one people and take Washington to task for their betrayal of the freedom of the sovereign People of this nation, the better.

At this point, rebellion is the only sensible solution I see to America's ills. The system is so fatally poisoned. What else can we do to save our freedoms?

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