14A015 The First Ten, R.I.P.  by Jim Davies, 6/3/2014    


Also known as the Bill of Rights, the first ten Amendments have never been repealed; but they have seldom been observed either, and today not one of them is in force de facto.

Let's be clear: this Blog favors a zero government society (a ZGS) in which there would of course be no constitution at all, because the only purpose of such a charter is to establish government and define and allegedly limit its powers. So when I show below how all ten are being violated with impunity, do not suppose my remedy is to call on the FedGov to obey its rules; not at all. My purpose is solely to demonstrate again that government is an entity that never will or can obey any rules - for if it did, it would not be a government.

Amendment #1: The Feds are commanded not to infringe freedom of speech or religion. They do both, just as if this had never been written. People can be compelled to speak when they prefer to be silent (as witnesses, for example) and vice-versa; so-called "hate speech" is now criminalized, and ever since the FedGov's top court ruled that way, so is to "falsely shout 'FIRE!' in a crowded theater". In a ZGS to do the latter would assuredly draw a raft of claims for damages, not least from the theater owner, but there will be no third party to imprison or fine the mischief maker.

As for religion, the Feds tax churches that are not on their list of "approved" ones, while not taxing those that are so listed - provided they limit their preaching. A clear example of establishing religion, favoring some over others.

#2: The Feds are forbidden to hinder ownership and carriage of firearms, yet they have done so again and again and again with all due deliberation, and are seeking to add more restrictions as I write. They have absolutely no regard for this "supreme law" but will shoot dead anyone who disobeys their anti-gun laws and resists arrest, in the name of protecting people from being shot dead.

#3: The letter of this supreme law is observed; there is no "quartering" of soldiers in homes during peacetime - though currently, thanks to G W Bush, we seem to be in a perpetual war. However the annual cost of keeping a standing military is $680 billion, or about $5,913 per household. Compare that with the cost of keeping an unwanted lodger.

#4: Government searches are allowed only with a sworn warrant alleging good reason to suspect specific items relating to a crime are to be found. That restriction has been torn into tiny shreds in recent decades, especially by the NSA as revealed by Edward Snowden.

#5: "No person shall... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Ha! "Due process" is a procedure defined by the government doing the taking, so this is a vacuous protection from the get-go. The prohibition allows no "asset forfeiture" of any kind, yet a commonplace of drug arrests, for example, is the confiscation of the boat or house in which the contraband is located. As for self-incrimination, this law is respected only with the utmost reluctance; police examinations routinely use every possible trick to entrap the person in their clutches, guilty or innocent, including the recording and use against him of the very 911 call that requested their assistance.

#6: "... the right to a speedy and public trial, by an impartial jury..." supposedly guaranteed here is another crock. "Speedy" is a term that is, again, defined by the arranger and it routinely takes months to get ready, then weeks to conduct the trial; during which the presumably innocent accused may be kept behind bars with total disruption of his normal life. A wicked distortion of justice is the widely-used "plea bargain" system in which a large penalty discount is offered in exchange for a guilty plea - regardless of actual guilt.

As for "impartial", prosecutors do their utmost to select a jury that will be as partial as possible in their favor - using stolen, taxpayer money. If the FedGov is a party to the case being tried, as here, the government judge routinely does all he can to ensure an outcome that favors his employer. In any case all jurors are selected only from voters' lists, meaning that they are always believers in the fiction that government has a valid reason to exist.

#7: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved..." This promise is flagrantly and openly broken in thousands of "courts" across the land every day. Consider a traffic case. Is it "criminal"? - then Amendment #6 applies. Is it "civil" (the only other category allowed)? - then where the fine in view is $21 or more, this #7 also guarantees a jury. Good luck in getting one.

#8: No "cruel and unusual" punishments are permitted. Sure. Guess who gets to define those adjectives. And waterboarding is not torture, for President Bush himself said so.

#9: The most valuable Amendment of them all, and the most studiously ignored: this Bill of Rights is not exhaustive; the People have an infinitude of rights and these are mere examples. Yet every chance they get, government people teach that rights consist only of what the legislature grants!

#10: Similarly, if some power is "not delegated to the United States by the Constitution" then the United States doesn't have it! Such few powers as are purportedy granted - themselves, far too many - are all the FedGov has! So at least 90% of all that governments do is done without a shred of such authority - including policing the world, running schools, redistributing wealth and providing health care.

Summary: it is impossible, in practice as in theory, to impose limits on government. Only two choices exist: a government that grows until it totally enslaves its victims, or no government at all. I choose the latter, and am working to get one. How about you?

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