by Marvin Ramirez
Marvin RamirezAt a time when most people are noticing the government increase of domination over the people, contrary to what should be: the people domination over the government, El Reportero is glad to publish the following article authored by Washingtonblog.com. I believe that it is my duty to inform the people of some aspects of our current government that are becoming detrimental to our liberties. Perhaps this article will wake some people up, perhaps not. Due to its length and our limited space, we will publish it in several parts. This is the fifth part of a series.
Americans – like Nazi Germans – don’t notice that all of our rights are slipping away — Part 5 and last part
by washingtonsblog.com
Sixth Amendment
The 6th Amendment guarantees the right to hear the criminal charges levied against us and to be able to confront the witnesses who have testified against us, as well as speedy criminal trials, and a public defender for those who cannot hire an attorney:
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.
Subjecting people to indefinite detention or assassination obviously violates the 6th Amendment right to a jury trial. In both cases, the defendants is “disposed of” without ever receiving a trial … and often without ever hearing the charges against them.
More and more commonly, the government prosecutes cases based upon “secret evidence” that they don’t show to the defendant … or sometimes even the judge hearing the case.
The government uses “secret evidence” to spy on Americans , prosecute leaking or terrorism charges (even against U.S. soldiers ) and even assassinate people.
And see this and this.
Secret witnesses are being used in some cases. And sometimes lawyers are not even allowed to read their own briefs.
Indeed, even the laws themselves are now starting to be kept secret. And it’s about to get a lot worse.
True – when defendants are afforded a jury trial – they are provided with assistance of counsel. However, the austerity caused by redistribution of wealth to the super-elite is causing severe budget cuts to the courts and the public defenders’ offices nationwide.
Moreover, there are two systems of justice in America … one for the big banks and other fatcats, and one for everyone else. The government made it official policy not to prosecute fraud , even though fraud is the main business model adopted by Wall Street. Indeed, the largest insider trading scandal of all time, illegal raiding of customer accounts and blatant financing of drug cartels and terrorists have all been committed recently without any real criminal prosecution or jail time.
On the other hand, government prosecutors are using the legal system to crush dissent and to silence whistleblowers.
And some of the nation’s most powerful judges have lost their independence … and are in bed with the powers-that-be.
Seventh Amendment
The 7th Amendment guarantees trial by jury in federal court for civil cases:
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.
As far as we know, this right is still being respected. However – as noted above – the austerity caused by redistribution of wealth to the super-elite is causing severe budget cuts to the courts, resulting in the wheels of justice slowing down considerably.
Eighth Amendment
The 8th Amendment prohibits cruel and unusual punishment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Indefinite detention and assassination are obviously cruel and unusual punishment.
The widespread system of torture carried out in the last 10 years – with the help of other countries – violates the 8th Amendment. Many want to bring it back … or at least justify its past use.
While Justice Scalia disingenuously argues that torture does not constitute cruel and unusual punishment because it is meant to produce information – not punish – he’s wrong.
It’s not only cruel and unusual … it is technically a form of terrorism.
And government whistleblowers are being cruelly and unusually punished with unduly harsh sentences meant to intimidate anyone else from speaking out. They are literally being treated as terrorists.
Ninth Amendment
The 9th Amendment provides that people have other rights, even if they aren’t specifically listed in the Constitution:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
We can debate what our inherent rights as human beings are. I believe they include the right to a level playing field, and access to safe food and water. You may disagree.
But everyone agrees that the government should not actively encourage fraud and manipulation. However, the government – through its malignant, symbiotic relation with big corporations – is interfering with our aspirations for economic freedom , safe food and water (instead of arsenic-laden, genetically engineered junk ), freedom from undue health hazards such as irradiation due to government support of archaic nuclear power designs, and a level playing field (as opposed to our crony capitalist system in which the little guy has no shot due to redistribution of wealth from the middle class to the super-elite, and government support of white collar criminals ).
By working hand-in-glove with giant corporations to defraud us into paying for a lower quality of life, the government is trampling our basic rights as human beings.
Tenth Amendment
The 10th Amendment provides that powers not specifically given to the Federal government are reserved to the states or individual:
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.
Two of the central principles of America’s Founding Fathers are:
(1) The government is created and empowered with the consent of the people and
(2) Separation of powers
Today, most Americans believe that the government is threatening – rather than protecting – freedom … and that it is no longer acting with the “consent of the governed”.
And the federal government is trampling the separation of powers by stepping on the toes of the states and the people. For example, former head S&L prosecutor Bill Black – now a professor of law and economics – notes: The Federal Reserve Bank of New York and the resident examiners and regional staff of the Office of the Comptroller of the Currency [both] competed to weaken federal regulation and aggressively used the preemption doctrine to try to prevent state investigations of and actions against fraudulent mortgage lenders.
Indeed, the federal government is doing everything it can to stick its nose into every aspect of our lives … and act like Big Brother.
