046: Rights and Bill Of Rights, Why Is It Important To Know Your Rights?

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046 What Is The Bill Of Rights? And Why Is It Important To Know Your Rights?No One Cares About Your Life And Liberty More Than You. Protect Yourself From Those Taking Advantage Of The Justice System. Is It Important To Know Your Rights!



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Why is it important to know your rights:

  1. No one cares about your life and liberty more than you
    1. Ruler’s, Dictators, an governments have taken people’s rights away.
  2. Law enforcement will find it difficult to take advantage of you
    1. Everyone lies
    2. Your rights when stopped:
      1. What you say WILL be used against you.
      2. You do NOT have t answer a police officer’s questions
      3. You do NOT have to consent to a search of yourself, your car, or your house.
  3. You can keep from incriminating yourself
    1. Don’t say it, because they are listening
  4. You can protect yourself from those taking advantage of the justice system
    1. You can get knowledgeable professionals to represent your case
  5. You can use the power of the population for checking the system
    1. You can have your ideas heard
    2. You can tell everyone about a terrible wrongdoing
  6. You can protect yourself from the criminal
    1. Both social and political
  7. You can protect your privacy… well, sort of.

The Bill of Rights:

1. (Article the Third) 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.

    1. Religious Freedom: The government can’t place one religion over another, can’t stop people from practicing their religion
    2. Freedom of speech: can’t stop free speech
    3. Freedom to peaceably assemble: can’t stop me from getting a group together on the public streets in front of the white house and yelling, “Government officials are crooks!” or to complain for being such idiots.
    4. Freedom of press: Cannot stop news sources from reporting the news
    5. Freedom to petition: The government is required to allow every person to bring their issues to the table.  Typically a petition will require a certain number of signatures before it is considered valid.

2. 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.

  1. The state here is not Arkansas, Texas, Tennessee, or Vermont.  It is the community of people, no matter how big or small.
  2. Right to keep and bear arms: People have the right to own and CARRY their weapons
  3. Right to form a Militia: to assemble into a citizen based militia for the purpose to oppose any force attempting to take away their freedoms.
  4. Gun Control is a violation of this amendment, which is for security of a free state.

3. 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.

  1. Soldiers can’t force me to give them rest in my home during peace or war time… one exception: If the law has said to allow them in during these times, guess what, you gotta follow the law.
  2. I have heard of forced Asset Forfeiture, not for criminal forfeiture, but by strong arm tactics.

4. 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.

  1. You have the right to not be searched, have your home, documents, or properties searched without a warrant that is only issued for a real suspected reason based on
    1. Evidence
    2. an oath or witness statement that names that exact person, place, or thing.
  2. There is an exception here… martial law, which is the LAWFUL forceful law that kind of removes some rights.  Guess what was done in Boston.  I don’t think Martial Law was needed after the bombing, but once the threat was over, it was properly relinquished and performed properly.
  3. Patriot Act:
    1. If you are considered part of a terror investigation, your property can be searched AND seized
    2. By using “Terror” investigation as an excuse they can also monitor religious and political groups without ANY suspected criminal activity, this is a First Amendment violation as well.
    3. You may be denied a Lawyer, and your conversations to your attorney may be monitored (sixth)
    4. You can be jailed without charging nor be able to confront witnesses.  You will also be refused attorneys.  They just have to label you an “unlawful combatant.” (sixth)

5. 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.

    1. The government can’t make you pay the price of a capital or famous crime without a Grand Jury indictment
      1. unless in war time,
      2. and you are in an armed force or militia.
    2. They can’t get you on the same crime twice.  If you go to court and are innocent, you cannot go back for that crime…
      1. don’t think you can’t be held with another crime related to the one you were innocent for.
    3. They cannot take your property without the law allowing it, and if taken for public use, compensation must be provided, and not a dollar for 100 acres.  The payment has to be comparable.

6. 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 defense.

  1. If you are accused,
    1. they have to make it fast and public if you request it, and the decision makers must be neutral.
    2. They have to tell you what you did, and how bad it is.
    3. They have to tell you who is witnessed against you and give you a chance to get your own beneficial witnesses to prove you innocent.
    4. You also have a right to attorneys.
    5. Indefinite Detention: Part of Patriot Act again (no trial)

7. 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.

  1. in lawsuits bigger than 20 bucks
    1. you have a right to a jury
    2. you have the right to not have the issue brought up again, unless the common law states.

8. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

  1. A bail
    1. will not be so big, for the reason of you not being able to pay it
    2. the punishment must fit the crime.  We can’t be cruel and kill you because you ran a stop sign.
  2. Enhanced Interrogation: Guantanamo Commission, unusual punishment

9. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

  1. You can’t use one right in the constitution to get rid of the other one.

10. 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.”

  1. If the constitution doesn’t say a state can’t do something, but it doesn’t say the Federal Government can
    1. that something is meant for the state or people, not Fed Gov.
  2. Federal Supremacy: Spelled out in Article Six, Clause 2 of the US Constitution.
    1. establishes the United States Constitution, federal statutes, and treaties as “the supreme law of the land”

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Ken is addicted to fitness and mountain biking. He is such a thrill seeker, people are starting to be concerned!He enjoys MTBing, Hiking, Climbing, Geocaching, Orienteering, Weight Lifting, and Wilderness Survival.

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