Showing posts with label 4th Amendment. Show all posts
Showing posts with label 4th Amendment. Show all posts

Thursday, December 01, 2011

Keep the Posse Commitatis Act: Oppose S. 1867

Listen to Chuck Michaelis and Barry Sheets discuss the dire implications to unconstitutional provisions in amendments to the latest Defense Authorization Act.  This bill would allow Barack Obama to send any American citizen to Guantanamo Bay at will and indefinitely with no trial and no right to appeal.

http://www.principledpolicy.com/?p=1062
http://www.principledpolicy.com/?p=1063

Thursday, June 09, 2011

Rand Paul on the Patriot Act 2



Too bad it was renewed.  But good try Rand.

part 2

Marine Gunned Down by SWAT Team




This is a very, very, important video!  Please pass it along!  U.S. Marine Manuel Guereña was shot down while a SWAT team was attempting to issue a search warrant on him.  He had no criminal record. There was no reason to believe that he was threat to anyone.  But they came shot him anyway!  Watch the footage of the Oathkeepers memorial service and Sheriff Mack's compelling call to end the militarization of the police.

Thursday, August 05, 2010

Sheriff Tony DeMeo is Awesone



part 2:
http://www.youtube.com/watch?v=QdpOT7wR-wU

part 3:
http://www.youtube.com/watch?v=W2lVI6gzsVM

The above videos demonstrates that Sheriff Mack is not the only sheriff who has stood up to the Federal Government.  This is a great example of how the Constitution is supposed to work.  It shows that no one has special authority outside what is delegated by the People.  Any law, policy, or judgment which violates the Constitution is null and void.  It is the duty of all the People to refuse to obey unlawful orders.  You might think that this idea would cause violence and the loss of the protections afforded by the government.  But as the above videos show, a cool-headed sheriff, acting according to the Constitution, actually diffused such a potential crisis.  



The 4th Amendment says,
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.
The 5th Amendment says,
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 offense 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.

Thursday, February 11, 2010

Articles of Freedom, part 6



This is a series of posts concerning the works of the 2009 Continental Congress. Two weeks ago I wrote about Article 4 of the Articles of Freedom, which was about the last ten words of the First Amendment, the right to petition the government for Redress of Grievances. Now I will continue with Article 5, the text of which follows. I completely agree with it, though I think it would be very hard not to do business with corporations which require SSNs. The website now has a new design. Check it out!

ARTICLE 5.

PRIVACY AND THE FOURTH AMENDMENT

From November 11th to the 22nd of 2009, the Continental Congress convened pursuant to the People’s formal “Petition of Redress of Grievances” relating to the violations of the Peoples’ Rights of Privacy guaranteed to them under the 4th, 5th, and 9th Amendments. After deliberation and discussion of the abuses of the Rights to Privacy, this Body provides:

A. REMEDIAL INSTRUCTIONS TO THE FEDERAL GOVERNMENT

1. Repeal the so-called Patriot Act and its progeny.

2. Repeal any other law that is repugnant to the 4th, 5th and 9th Amendments.

3. Stop the collection, storing, and dissemination of private information of a non-criminal nature belonging to the People; WE, the Free People of this nation, are not the enemy.

4. Furthermore, we demand the retraction of any intelligence reports maintained by the Department of Homeland Security, not properly cited and sourced as well as any intelligence report known to contain plagiarized information.

5. Repeal of NAIS (National Animal Identification System) which requires the RFID (Radio Frequency Identification) of all livestock (animals) and mapping the premise of same.

6. Cease the implementation of acts such as the REAL ID Act of 2005, the PASS Act of 2009, and make no future attempts at implementing a national ID card or authorizing any funding associated with said acts.

7. Do not collect, process, store or disseminate intelligence of a non-criminal nature.

8. Repeal all laws that collect fingerprints, blood, or DNA upon birth.

B. REMEDIAL INSTRUCTIONS TO THE SEVERAL STATES

1. Retract any Fusion Center intelligence report not properly cited and sourced as well as any intelligence report known to contain plagiarized information.

2. Reject the so-called Patriot Act, and its progeny.

3. Prohibit legislation that allows for the installation of red-light cameras and other devices used to surreptitiously gather information on American citizens. Repeal any such existing laws.

4. Repeal any legislation that requires government permission to travel, i.e., the requirement to obtain a driver’s license to travel, the requirement to register one’s vehicle, and/or the requirement to purchase motor vehicle insurance unless the vehicle is being used for commercial purposes.

5. All state governments shall cease and desist in prosecuting those men and women who are using the public right-of-way for personal, non-commercial transportation.

6. The language “for commercial purposes only” shall be added to the definitions of the terms “transportation” and “motor vehicle”, in all state laws, clearly removing the restrictions imposed on travel for personal, private purposes.

7. Repeal of all state laws that collect fingerprints, blood, DNA, or any other biometric data for minor traffic violations, infractions, or for any other instance where said data is not necessary for investigation.

8. Destroy all biometric data, whether digital or tangible, that have been collected for use with a driver’s license, or for any other purpose not related to a felony investigation.

C. RECOMMENDED CIVIC ACTIONS BY THE PEOPLE

The Delegates of the Continental Congress of 2009 wholeheartedly support and encourage the Free People of each state to engage in the following:

1. Visit www.cc2009.us and click on the Privacy Reference List, study all information provided in that list, and act in their best interest according to the information provided;

2. Inform themselves about the police and surveillance state that is being created in America in direct violation of the 4th, 5th, 9th, and 10th Amendments;

3. Submit open records requests to the appropriate agencies requesting the items listed below. Consider coordinating these efforts with other activists;

a. Copies of all Memorandums of Understanding (MOU's) between participating Fusion Center agencies and any other party, agency, organization, institution, governmental body or individual that relates to Fusion Center information/data sharing;

b. Copies of Fusion Center Privacy Policies;

c. Copies of all Strategic Reports produced by or received by said Fusion Centers, including the distribution list and citations for each produced Strategic Report; to include identification of the authoring agency of any received Strategic Report;

4. Expose the findings of said open records requests through online social media, existing liberty media, liberty-minded organizations, and other means of public dissemination;

5. Approach fellow citizens and groups to build an issue-based coalition in order to lobby local and state government to ensure that:

a. Unless directly involved in a crime, no private sector entities will be involved in the operation of Fusion Centers;

b. Only data and intelligence concerning federal crimes may be made available to any federal agency;

c. Fusion Centers are not to be used to conduct surveillance on an entire group based on the presence of one suspicious individual;

d. Ensure the creation of a "privacy committee" to oversee the privacy policy of your local Fusion Center and ensure compliance;

e. Ensure compliance with CFR 28, part 23;

6. Lobby your state legislature to nullify the Patriot Act;

7. Implement a Community Response Hotline; the People are encouraged to develop alternative means of communication, i.e. ham radio, short wave, or any other means of electronic communication;

8. Be aware that no citizen is required to release their social security number and should not release it if there is an alternative method;

9. Conduct business only with companies that do not require a social security number;

10. Use non-traceable forms of currency (i.e. prepaid credit cards) and non-traceable technology (i.e. prepaid cellular phones);

11. Use open-source software solutions, encrypt their computer hard drives, and use proxy servers when connected to the
Internet, for computer security and privacy reasons;

12. Understand that everyone, including the government may record photos and video on public property;

13. Read licensing software agreements and be aware of the privacy ramifications of signing up for such services;

14. Promote local and state legislation that forces local and state governments to further scrutinize the process of accepting
grants or other funding concerning surveillance and the militarization and federalization of local police departments from
Federal Agencies such as the Department of Homeland Security and the Department of Justice;

15. Lobby for a local resolution banning red-light cameras or other surveillance equipment in public areas.

Furthermore, without delay, the public is advised to contact their state and local representatives to open up a dialogue to assure that they repeal and propose no further legislation that violates the Privacy Clauses of the Constitution. Americans should also contact their local sheriff and demand they uphold their sworn oath or affirmation to protect and defend the Privacy Clauses of the Constitution.

(from Articles of Freedom, the Works of the Continental Congress 2009)

Click here to read the next article in this series which is about property rights.

Thursday, May 14, 2009

Obama is Not For Civil Liberties

Most conservative Christians rightfully quote the first, second, and fourteenth amendments in objection to overbearing and unjust policies of government. But what about the fourth and fifth amendments?

The Fourth Amendment to the Constitution reads:

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.

The Fifth Amendment to the Constitution reads:

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.



Since President Bush did everything he could to destroy our civil liberties, we are now in even more danger from having our rights taken away from us with the more emboldened Mr. Obama (illegitimately) in office. In the name of the “War on Terror” Bush has bequeathed the legal tools Obama needed to put Christians in jail and physically abuse them, in addition to the more traditional ways that liberals trample on our rights.



Everybody is complaining about Janet Napolitano, but she would not be the Secretary of the Department Homeland Security if hadn’t been for Bush. As reward for his loyalty to the Republican Party above the Constitution, the Bush creation of the DHS in November of 2002 was a political pat on the back for the pro-abortion, pro-gun control Pennsylvania Governor Tom Ridge. (May God grant Pat Toomey a victory over Ridge in the race for the Senate!) While taking away our guns, telling us seal our houses with plastic and keep bottles of water with bleach in it for drinking water in case of a terrorist attack, Tom Ridge didn’t make the “homeland” any more secure.

And what’s this? Obama is reversing himself on releasing photos of the Abu Ghraib abuse! Obama is even standing up to the ACLU on this one! (Even a broken clock is right twice a day, but not Obama!)