Saturday, April 12, 2014

Money is free speech?

I'm having a hard time with that one--that judicial decision.  
No one will let me buy a car with my opinion.  
If I tell the guy at the drive-in window that I have paid for a hamburger, he is not going to hand me a hamburger, he is going to give me some free speech back, probably involving crazy old ladies.  
When corporations became people, that was ridiculous.  We need definitions of what a person is, we have definitions of what a corporation is.  But the very idea that money and free belong in the same sentence or even paragraph is an omen of more ridiculous things to come.
But first-I must go off on a tangent-----What happened to the checks and balances system guaranteed by having three branches of the government?  The original set up should have worked.  Executive--not given enough power to become a dictator or so little power that the position becomes a figurehead(sorry Royalty of England, but when all you have is tradition  it isn't really a branch of government, its more of a paparazzi thing), the Congress--divided into two parts, one giving each state 2 reps, and one giving each state a number of representatives based on population--there is a max number allowed--435--since 1963), and the Judicial branch.
When I was little, Donald Duck's relative explained it, perhaps a bit vaguely, but the job of congress is to make law, the president is to enact laws and the judges are to interpret laws.  Thus the branches are equal in ability to check the other two.
Somehow, the idea that we would get to a place where people (corporations?) were having undue influence over members of each of those branches by giving them large amount of free speech (money/contributions/perks?) and effectively making the system of checks and balances disappear---just never occurred to most of us.

So, lets look at this thing.

The Bill of Rights is the collective name for the first ten amendments to 

the United States Constitution.


Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

First Amendment

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 petitition the Government for a redress of grievances.  (I underlined the one that made it OK to buy an election or law)

Second Amendment

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.  (this one is tricky, the "well-regulated" part makes some of the NRA tactics look like they just have a LOT of free speech)

Third Amendment

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.  (hope we followed this in the north during the Civil War--guess it didn't really apply in the south since they had seceded, considering how many wars we have fought and young people we have lost to death/disability and mental distress, hard to guess that we have not had a war on our own soil since the civil war)

Fourth Amendment

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.  (this one might be fightable by those individuals that have lost everything due to drug investigations, then when not found guilty, not received anything back)

Fifth Amendment

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.  (think Guantanamo, think held for years for mental illness, think about those already executed then the DNA said---"OOPS")

Sixth Amendment

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.  (this is the only one that has caused some issues, although I'm sure that public defenders are not all created equally and notifying people of their rights and charges after keeping them up for hours/needing to go to the bathroom/and the general stress of being arrested could make the public efforts less than genuine)

Seventh Amendment

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 reexamined in any Court of the United States, than according to the rules of common law. (my question?is it still twenty dollars?)

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.  (what is excessive to a billionaire is not at all the same as what is excessive to a homeless person, or a person working at minimum wage---this problem is pretty evident at the county jails where people sit in jail for misdemeanors due to no money)

Ninth Amendment

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.  (HUH?--I guess we can't go in later and take away people's constitutional rights with an amendment)

Tenth Amendment

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.  (or to the people?  where do the people have access to the system?  what was this intended to mean?)

 AMENDMENT 11

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.  (got it, unless the state judicial system does something that is against the constitution, the federal judicial system has no say--why the federal cases and the state cases never have the same charges.  This was added in 1795)

AMENDMENT 12

The Electors shall meet in their respective states and vote by ballot for President and Vice­President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice­President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice­President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-­thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice ­President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes asVice­President,shall be theVice­President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice­President; a quorum for the purpose shall consist of two­thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice­President of the United States.  (So, the electoral college was not part of the original bill of rights, it was ratified in 1804--so we didn't get very many true elections by the people,  we have mostly just been allowed to vote on who will vote for us!  I would be curious to know what initiated that bit of crap)

AMENDMENT 13

[1.] Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.  ( I underlined this because I'm fairly sure that placing criminals into slavery and involuntary servitude would require an amendment to this list)
[2.] Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT 14

[1.] All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[2.] Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice­President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty­one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty­one years of age in such State.
[3.] No person shall be a Senator or Representative in Congress, or elector of President and Vice­President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two­ thirds of each House, remove such disability.
[4.] The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebel­lion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrec­tion or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
[5.] The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.  (pretty obvious what created the need for this amendment)

AMENDMENT 15

[1.] The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.(since
[2.] The Congress shall have power to enforce this article by appropriate legislation.  (was that already in 14,  people love to find loopholes)

AMENDMENT 16

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.  (oh my, look up the 16th amendment and start reading, from questions about the legality of its ratification  to concerns that it flies in the face of several parts of the bill of rights,  I've heard a few militia men discuss this as their main problem with our current government.  (ratified in 1913--explains why those wild and wooly frontiersmen didn't start a war over it)

AMENDMENT 17

The Senate of the United States shall be com­posed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided,That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.  (i'm sure there is a story here, that this is part of the constitution and written so recently)

AMENDMENT 18

Repealed by Amendment 21, 12/5/1933
[1.] After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is here­by prohibited.
[2.] The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
[3.] This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission here­of to the States by the Congress.
(We learned nothing from this, as proven by our current war on drugs.  With drugs illegal, no source except black market or for pills--those amazing Doctors that don't mind flying in the face of ethics/law--there are times when I can't even fault them, although the people hooked on pills frequently got their by those same Docs.  Black market ranges from huge and dangerous drug cartels to desparate home chemist/addicts/and gardeners.  The prices are inflated for the drugs due to their illegality, so addicts {and we pretty much stopped trying to help the addicts without money in the early 1990's} had to buy their drug of choice at high prices when their disease was making them unable to get or hold a job or finish school--high school, college, trade, i.e., homeless/minimum wage earner/sofa-surfers.  What do people with a strong physical or psychological need do  to earn enough money to buy their only real solace?  Sell their bodies, sell their loved one's bodies, hurt people, rob people, go to work for the nearest dealer that can keep them in supplies.  
The government can not legislate addiction, making an addiction illegal is like making cancer illegal.  No one says "when I grow up I want to be an addict, I want to risk everything to take a chemical to make myself feel ok for a little while".  Ratified in 1919, repealed in 1933, a time of monstrous growth of gangs and organized crime.  If we were smart, we would make the stupid drugs legal through clinics and on a fee based on a sliding scale.  Also offering free counciling and education and rehab and meeting space for groups like AA and NA.

AMENDMENT 19

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.  (women have been able to vote since 1920--less than 100 years.  These past ten years, with all the push to make women's health issues again a part of law, has me expect this amendment to come up for repeal anytime.  The Tea Party scares the crap out of me.)

AMENDMENT 20

[1.] The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
[2.] The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
[3.] If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
[4.] The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
[5.] Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
[6.] This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three­fourths of the several States within seven years from the date of its submission.  (If you can't see what this is about, it used to be that they started in March, horses and buggies, snail mail, so this is housekeeping to catch up with the times. )

AMENDMENT 21

[1.] The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
[2.] The transportation or importation into any State,Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
[3.] The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress. (very self-explanatory, read the 18th)

AMENDMENT 22

[1.] No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
[2.] This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three­fourths of the several States within seven years from the date of its submission to the States by the Congress.  (This was done after Franklin D. Roosevelt just kept winning.  Apparently there was a fear that he would make himself king,  I personally want one that limits the members of congress to 2 consecutive terms,  they treat it like they have been appointed for life and even if the same person ran 2 out of every 3 times, it would make it more less likely for someone to invest so much in one when they wouldn't keep being there forever.)

AMENDMENT 23

[1.] The District constituting the seat of Govern­ment of the United States shall appoint in such manner as the Congress may direct:A number of electors of President and Vice President equal to the whole number of Senators and Representa­tives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.  (now the District of Columbia can vote for the president---what!?!  They couldn't before?!? holy crap)
[2.] The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT 24

[1.] The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. (wow, some things never change, how is the cost of an official government ID not a Poll tax)
[2.] The Congress shall have power to enforce this article by appropriate legislation.

AMENDMENT 25

[1.] In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
[2.] Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
[3.] Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be dis­charged by the Vice President as Acting President.
[4.] Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assem­bling within forty eight hours for that purpose if not in session. If the Congress, within twenty one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty one days after Congress is required to assemble, determines by two thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.  (Read the constitution, while the assumption that the vice-president exists to take over for the president in case of death or debility or other issue, it apparently was never spelled out.  ratified 1967)

AMENDMENT 26

[1.] The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
[2.] The Congress shall have power to enforce this article by appropriate legislation.  (basically it was decided that if they are old enough to die in a war that they were drafted to fight, they were old enough to vote)

AMENDMENT 27

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.  (first presented in 1789, ratified in 2011---those crafty self-serving congressional branch people)

So, If you have made it to here, you may ask, what does this have to do with free speech and money, and the answer is--I'm ADD--so I get off track.  Hope you enjoyed the lesson with commentary.   But truly, I want some judge on the Supreme court to rule that free speech is money.  
I'll take a greenhouse, please, with a hot tub inside.  I just paid you with my free speech!

No comments:

Post a Comment

2024 begins

 It's a new year, and like the reality of most new years, it looks remarkably like the previous year. The world has rising fascism, risi...