State of Iowa Bill of Rights I

This law follows the right to life and liberty from government oppression, principles of the Declaration of Independence.

 

Protection of the citizens from authoritarian judges depends upon preserving the intent of the law in the matter of unalienable citizen rights.  This depends upon discontinuation of fascistic tenure guarantees that empower leftist law professors to prevent the school administrators from controlling what is taught to those who may later become judges.

 

Preamble.  WE THE PEOPLE OF THE STATE OF IOWA, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:

 

ARTICLE I. BILL OF RIGHTS.

Rights of persons. SECTION 1. All men and women are, by nature, free and equal, and have certain inalienable rights--among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.  Amended 1998, Amendment [45].

Political power. SECTION 2. All political power is inherent in the people.  Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.

Religion. SECTION 3. The general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister, or ministry.

Religious test--witnesses. SECTION 4. No religious test shall be required as a qualification for any office, or public trust, and no person shall be deprived of any of his rights, privileges, or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion; and any party to any judicial proceeding shall have the right to use as a witness, or take the testimony of, any other person not disqualified on account of interest, who may be cognizant of any fact material to the case; and parties to suits may be witnesses, as provided by law. Referred to in S729.1 of the Code.

Dueling. SECTION 5. Repealed 1992, Amendment [43].

Laws uniform. SECTION 6. All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.

Liberty of speech and press. SECTION 7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right.  No law shall be passed to restrain or abridge the liberty of speech, or of the press.  In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous was true, and was published with good motives and for justifiable ends, the party shall be acquitted.

Personal security--searches and seizures. SECTION 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.

Right of trial by jury--due process of law. SECTION 9. The right of trial by jury shall remain inviolate; but the general assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.  See also R.Cr.P. 2.17, 2.21(2), 2.67; R.C.P. 1.902, 1.903, 1.1108.

Rights of persons accused. SECTION 10. In all criminal prosecutions, and in cases involving the life, or liberty of an individual the accused shall have a right to a speedy and public trail by an impartial jury; to be informed of the accusation against him, to have a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses; and, to have the assistance of counsel. See S602.1601 of the Code.

When indictment necessary--grand jury.  SECTION 11. All offenses less than felony and in which the maximum permissible imprisonment does not exceed thirty days shall be tried summarily before an officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right to appeal; and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army, or navy, or in the militia, when in actual service, in time of war or public danger.

The grand jury may consist of any number of members not less than five, nor more than fifteen, as the general assembly may by law provide, or the general assembly may provide for holding persons to answer for any criminal offense without the intervention of a grand jury.  Paragraph 2 added 1884, Amendment [9]; Paragraph 1 amended 1998, Amendment [46]; As to indictment and the number of grand jurors, see R.Cr.P.2.3, 2.4; Magistrate jurisdiction, see S602.6405 of the Code.

 

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The Morality of Civility

"'Tis substantially true that virtue or morality is a necessary spring of popular government.  Who that is a sincere friend to it, can look with Indifference upon attempts to shake the foundation of the fabric?" (George Washington, Farewell Address, 1796).*

 

The Northwest Ordinance is a rock-solid example of the nonsectarian religious predicate embraced as constitutional law.  When the Articles of Confederation was replaced by the new Constitution, the Northwest Ordinance was passed again and became effective under the new Constitution.  George Washington signed the Northwest Ordinance back into law on August 7, 1789.  Article III specified "Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education, shall forever be encouraged."**  During this same period of time (July 17 to August 7, 1789), the same men who had implemented the Northwest Ordinance were writing the First Amendment to the Constitution [prohibiting government officials from interfering with religious freedom, printing press and education competition].

 

Even some atheists and skeptics realize the inviolate nature of what Americans call the "laws of God and creation's nature."  Ernest Renan, the agnostic, warned his friends: "Let us enjoy the liberty of the sons of God, but let us take care lest we become accomplices in the diminution of virtue which would menace society if Christianity were to grow weak.  What should we do without it?  If Rationalism wishes to govern the world without regard to the religious needs of the soul, the experience of the French Revolution is there to teach us the consequences of such a blunder."***

 

History summarizes the nature of war against responsible citizen self-rule and liberty.  When Whittaker Chambers left the Communist party, he feared that the world would succumb to the parasitic nature of socialistic promises.  He said that the only hope was to discover "a power of faith which will provide mans' mind, at an intensity, with the same two certainties: a reason to live and reason to die."**** President Reagan angered leftist sympathizers in American media and universities by using the word "evil."  On March 8, 1983, Reagan said the Cold War would "never be decided by bombs and rockets…"  We would prevail because of belief in God.  What is teaching moral revisionism (objected to by over 90 percent of taxpayers, teachers, and administrators) now accomplishing in student minds' in captive public schools?  Reagan concluded, the strength to prevail "is not material but spiritual."*****

 

*http://avalon.law.yale.edu/18th_century/washing.asp

**http://teachingamericanhistory.org/library/index.asp?document=48

***http://www.scribd.com/doc/79320764/HISTORY-OF-CHRISTIANITY

****http://www.heritage.org/research/reports/2001/04/whittaker-chambers-man-of-co...

*****http://usa.usembassy.de/etexts/speeches/evilempire.htm

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Responsible Citizen Self-rule and Liberty

By placing their faith in the principles advanced by creation's God for education, Americans achieved liberty from brutal rulers and the history of big government.

 

Benjamin Franklin, a delegate from Pennsylvania to the second Continental Congress and signer of the Constitution of the United States, wrote this in his Articles of Belief:  "I believe there is one supreme, most perfect Being…  Also when I stretch my imagination through and beyond our system of planets, beyond the visible fixed stars themselves, into that space that is [in] every way infinite, and conceive it filled with suns like ours, each with a chorus of worlds forever moving around him…  That I may be preserved from atheism . . . Help me, O Father!... For all thy innumerable benefits; for life, and reason… my good God, I thank thee!"*

John Quincy Adams, America's sixth president:  "The law given from Sinai was civil and municipal as well as a moral and religious code; it contained many statutes… of universal application--laws essential to the existence of men in society [of the United States], and most of which have been enacted by every nation which ever professed any code of laws."**

To justify taxpayer-funded education, instruction must detail the civil and moral absolutes found in the Ten Commandments but rightly avoid controversy of religious codes that are the domain of church denominations.  The depth of spiritual conviction of these absolutes is spelled out in the Creator-based Declaration of Independence, religious liberty (First Amendment), and the Bill of [human] Rights law.  Citizen equality as sovereigns under God over government is demonstrated when randomly chosen citizens serve as the supreme court for judgment of guilt or innocence in criminal trials conducted by government officials.  The above values are the design, and the Constitution is the tool to implement that design.

 

The preamble to the Constitution, "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare [meaning common needs that do not conflict with or hamper the development of the work ethic and personal self-reliance], and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

 

"Our investigation indicates that the main reason for youthful rebellion and the attitude of carelessness in student morals is their loss of confidence in the wisdom embedded in their heritage.  Failure to dearly implant these truths detaches future generations from past experience, the very basis of education" (Grand Jury Presentment, 1968-69, Problems in Higher Education, the Eleventh Judicial of Iowa).

 

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*http://www.revolutionary-war-and-beyond.com/ben-franklin-quotes-1.html

**http://quotes.practicalmanliness.com/john-quincy-adams/138/

 

 

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The Sovereignty of the American Citizen

Those among us who choose to exchange declining relationships and health for the temporary excitements of moral revisionism is one thing.  Exercising that diversity in private is their right.  Those demanding the right, however, to take over behavioral curriculum in taxpayer-funded public schools is another.  The war they have imposed, by pressuring liberals in government, must be confronted and won.  America is a Republic!  The "living Constitution" idea of changeable decrees imposed by liberal judges (1947 Everson v. Board of Education decision) always becomes despotism because power in the hands of man, over time, becomes corrupt.

 

"Our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood.  And liberty cannot be preserved without a general knowledge among the people, who have a right, from the frame of their nature, to knowledge, as their great Creator, who does nothing in vain, has given them understandings, and a desire to know; but besides this, they have a right, an indisputable, unalienable, indefeasible, divine right to that most dreaded and envied kind of knowledge, I mean, of the characters and conduct of their rulers.  Rulers are no more than attorneys, agents, and trustees for the people; and if the cause, the interest and trust, is insidiously betrayed, or wantonly trifled away, the people have a right to revoke the authority. And the preservation of the means of knowledge among the lowest ranks, is of more importance to the public than all the property of all the rich men in the country" (John Adams, Vice-President under George Washington, and second president of the United States, A Dissertation on the Canon and Feudal Law, 1766 from The Works of John Adams, …by his grandson, Charles F. Adams, Boston: Little, Brown and Co., 10 volumes).

 

The sovereignty of man under the impartial and higher authority of creation's God over government is traceable from the Bible to the Magna Carta, 1215, signed at the point of a sword by a frightened king.  It is likewise traceable to the English Bill of Rights, 1689, signed by a would-be brutal king.  We then have the God-honoring American Declaration of Independence, 1776, the War of Independence, and then the Constitution highlighted by the First Amendment and the Bill of [human] Rights which details what servants in government must never be allowed to violate.

 

The Common Law jury system, resting final authority in the people, came alive in America on March 4, 1789, the date Congress set for the start of the new ConstitutionThis is the most important feature of the American Constitution.  George Washington became our first president under the Constitution on April 30, 1789.

 

Revelations of the American Judeo-Christian heritage are singularly qualified to foster personal responsibility, citizen self-government and prosperity.  People do not steal the fruits of other men's labor.  The community helps those few who are not able to work or are indigent for other reasons.  Reputations for honesty do not rest in the words of evil gossips.  Taxpayer-funded educators support the character of the traditional family.

 

God does not control men; He protects those who will listen.  By applying God-honoring interpretations of Scripture and being sensitive to His Spirit, man becomes self-controlled (Hebrews 13:18-20).  "Trust in the Lord with all thine heart; and lean not unto thine own understanding.  In all thy ways acknowledge Him, and He shall direct thy paths" (Proverbs 3:5-6). 

 

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The First Amendment is the Most Important Amendment

The most important of all the amendments to our Constitution is the 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 petition the government for a redress of grievances."

 

In the 1947 Everson v. Board of Education decision, the Supreme Court majority discarded the principle for control of government by law (government limited by laws instituted by citizen sovereigns).  They displaced it with control of government by man (top down authoritarianism).  Quoting Alexander Hamilton:  "Government is frequently and aptly classed under two descriptions, a government of FORCE [changeable decrees by authoritarian man], and a government of LAWS [governments that derive 'their just powers' from the consent of the governed], the first is the definition of despotism--the last Liberty" (Tully Papers, 1794).  These two approaches to governing society have been at war against one another throughout human history.

 

The Everson v. Board of Education decision clearly compromised "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…" The judges altered the Constitution at the core of its meaning.  Power-hungry judges and politicians, along with fellow travelers in education, the media and monopoly union bosses, are now working overtime.  They are leveraging the judge-created right that empowers liberals to impose government establishment monopoly in public education, preventing the competition of ideas by moral religions.  The power to impose false renditions of truth upon  captive government classrooms and poison youthful minds is being used to confuse, marginalize and rule new generations.

 

"For many years psychologists and educators have recognized the processes by which thought and behavioral patterns acquired in youth become the basis for adult motivation.  In modern times thoughtful observers have become progressively aware that moral, social, and political concepts implanted during the time of mental immaturity not only participate in the conduct of later life, but, once acquired, such concepts become dominant and often unalterable in the adult" (Story County Grand Jury, in and for the 11th Judicial District of Iowa, 1969).

 

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The First Amendment

The most important of all the amendments is the First Amendment.  This is demonstrably true.  It was not until secular militants were leveraged by the 1947 Supreme Court's Everson v. Board of Education decision that the role of moral absolutes ceased to be standard in government schools.

 

On September 25, 1789, Congress requested unanimously that President Washington proclaim a national day of thanksgiving and prayer.  This is the same Congress that on the same day approved the final draft of the First Amendment to protect the people's rights to religious freedom from suppression by government administrators, judges and legislators.  President Washington proclaimed on October 3, 1798:  "Whereas it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor…  Now, therefore, I do recommend… that we may then all unite in rendering unto Him our sincere and humble thanks for His kind care and protection of the people of this country previous to their becoming a nation; for the signal and manifold mercies and the favorable interpositions of His providence in the course and conclusion of the late war; for the great degree of tranquility, union and plenty which we have since enjoyed; for the peaceable and rational manner in which we have been enabled to establish constitutions of government for our safety and happiness, and particularly the national one now lately instituted; for the civil and religious liberty with which we are blessed…  And also that we may then unite in most humbly offering our prayers and supplications to the great Lord and Ruler of Nations, and beseech Him to pardon our national and other transgressions… And to promote the knowledge and practice of true religion and virtue."*

 

The First Amendment was added to the Constitution to emphasize the proper use of the Constitution as a tool to protect and uphold religious freedom.  This freedom enables the religious denominations to compete in public, including education.  This, in turn, sharpens the importance of moral absolutes in the minds of citizens who are the sovereigns under God over government.  For most of our history, the Judeo-Christian basis for citizen self-rule has been vigorously taught.  Non-denominational prayers and the Pledge of Allegiance were practiced in classrooms.  For several decades now the moral religions, most directly Christianity, have been under systematic attack by liberal judges.  Americans can agree with the following quote as long as any conflict between amendments to the Constitution are reconciled by having the First Amendment, in its original meaning up until 1947, upheld as supreme.

 

"A constitution, like any other document, is to be read as a whole.  The court, in the language of the lawyers, 'will take the instrument by its four corners' and read each part in the light of the rest.  Since written constitutions come into effect through popular assent, the meaning intended by the people would be sought by the courts.  The common understanding of the words at the time the language was employed is therefore of cogent significance.  This consideration, however, will not prevent the application of the terms employed to conditions arising later and not contemplated at the time the language was adopted…  There is an ancient rule of statutory construction, coming down through Blackstone, that in seeking the true meaning of legislative language the court will take cognizance of the 'old law, the mischief and the remedy.'  The rule is useful in constitutional construction" (Rosco Pound, Dean of the Law School of Harvard University, Volume III, National Law Library, P. F. Collier & Son Publishers, New York, New York, 1939, 23-24).

 

*http://lcweb2.loc.gov/ammem/GW/gw004.html


 

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Part Ten: Grand Jury Presentment of "Problems in Higher Education"

Portions of the Presentment of the Grand Jury for the Eleventh Judicial District of Iowa follow, with words added for clarification in brackets.  Supplemental ideas are italicized.

 

End of Presentment II

 

"The 1940 Statement of Principles on Academic Freedom and Tenure by the American Association of University Professors has no legal effect, but the AAUP publicly censures colleges and universities that they believe have violated [their version of] academic freedom.  However, nearly all [not all] of the colleges and universities have adopted this statement or a variation of the statement which is contained in the faculty policy manual of each college or university, and it is incorporated by reference in the employment contract between the university and each individual faculty member."*

 

The penetrating damage imposed because of tenure laws sheltering radical professors and teachers in the soft sciences must be [reversed].  The authority of taxpayer/parents to control what is taught in government institutions must be restored.  By routing education revenues directly to the parents or guardians, sanity will be restored to education.  The many thousands of honest and morally upright teachers will again have the unimpeded support of the citizen consensus.  Not only will what is taught be cleaned up, but also competition between education suppliers will reduce the cost [and increase the quality] of public education.

 

The voice in the chorus of concerned citizens is imperative.  What confronts the American family and voter electorate is a test of wills.  School administrators must be able to fire leftist teachers [without spending] years and… tens of thousands of taxpayers' dollars defending education from the [resulting] lawsuits imposed by ACLU lawyers and the imperial arm of radical judges.  To effect change, active citizen involvement in the political process must exceed the determination of those who are using political circumvention to destroy the family and liberty.

 

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*Dr. Ronald B. Standler, "Academic Freedom in the USA," http://www.rbs2.com/afree.htm

 

 

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Part Nine: Grand Jury Presentment of "Problems in Higher Education"

Portions of the Presentment of the Grand Jury for the Eleventh Judicial District of Iowa follow, with words added for clarification in brackets.  Supplemental ideas are italicized.

 

End of Presentment I

 

The purpose of universities was freedom for competition of ideas in search of truth.  What has happened is the advocates of atheistic-secular totalitarianism applied their art and removed competition from the soft sciences.  When citizen control of universities, college, and now virtually all lower-level public schools was hijacked by faculty independence (teachers union mechanization and teacher tenure guarantees), tyranny was bound to follow.  What we now have is tyranny against the moral fiber of our youth and nation.  This is the inevitable result of [imposing] "German graduate methods [faculty independence] onto American campuses in the late nineteenth century… academic freedom became a cause celebrate."

 

At the time of the Grand Jury study, we did not realize the linkage between the American Association of University Professors (AAUP) and what appears to be their prosecution arm, the leftist American Civil Liberties Union (ACLU). The book Freedom in Iowa, published by the Iowa State University Press, promoted the Iowa Civil Liberties Union, bringing this connection to my attention.

 

Teacher employee contracts, structured according to ACLU definitions for academic freedom and tenure, shift the decision-making authority for removing radical teachers away from the president of the university, who is hired by the public to superintend the institution.  It is now the aggressive tenured faculty, not the president, who have control over who teaches and what is taught.  Instead of being an administrator, the university president works full-time quieting campus disputes, promoting campus expansion, and raising money by lobbying alumni and legislators.  Sensing this kind of environment, the US Supreme Court held in a dispute that professors at Yeshiva University in New York City were managerial [administrators], not employees within the meaning of the National Labor Relations Act, and hence the university administrators were not required to bargain with the union that represented the professors.  The Court noted: "Budget requests prepared by the senior professor in each subject area receive the 'perfunctory' approval of the Dean '99 percent' of the time and have never been rejected by the central administration.  The faculty… effectively determine curriculum, grading systems… matriculation standards" (NLRB v. Yeshiva University, 582 F.2d 686, 1978, affd 444 US 672, 1980).

 

The ACLU/AAUP version of academic freedom and tenure that enables radicals to reject the public standards for what is taught and not taught is not a legal concept.  Without the control of the citizens who established the schools and pay the bills, what is taught is wholly dependent upon the internal culture of the faculty at the universities and the government grade schools.  This problem is systemic.

 

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Part Eight: Grand Jury Presentment of "Problems in Higher Education"

Portions of the Presentment of the Grand Jury for the Eleventh Judicial District of Iowa follow, with words added for clarification in brackets.  Supplemental ideas are italicized.

 

Most Important Educational Change Needed

 

1.  Regents' policy changes which will sufficiently define and implement the elimination of moral pollution by faculty and paid speakers will by all suitable means encourage "moral… improvement" (Constitution of the State of Iowa, Article IX, 2nd School… Sec. 3).

 

2.  There is a need for increased emphasis on the American ideal at all levels of education.  We believe this ideal needs to be a continuing emphasis from kindergarten through maturity.  Our revolutionary concepts are a most exciting and important subject.

 

It seems rather clear that the nerve center for society, the power for social revolution, is inherent in the adult electorate rather than in the schools, and that the radical missionaries should be sent to the electorate, not to the captive audience of youthful minds.

 

The idea… that the people of this land should not be trusted with the complexities of education is absurd.  The greatness of America places the educational and political emphasis under the control of the people.  This approach is much safer than providing a haven [tenure guarantees] for… teachers.

 

Our soldiers have been dying for this ideal.  Education, as never before, should clearly teach it.  Even in imperfection, it has achieved greatness for Americans unparalleled in history.  Every individual is important, and the mature public make the decisions over government--something that atheistic, humanist-based governments do not and cannot provide.

 

Right of Taxpayers to Control Education Challenged

 

Who has academic freedom, the parent/taxpayer or the teacher?  Is the parent, who once had academic freedom, now to be deprived because a teacher was hired?  Most agree that anyone can teach what he pleases on his own, but must not [take advantage of his own] academic freedom by robbing taxpayers of their freedom to direct public education in the public's interest, based upon the learning process and established knowledge.

 

Problems Compound If Not Corrected

 

No single level of education should be considered in a vacuum…  But it is going on!  The students of colleges are, after all, the graduates of American elementary and secondary schools.  We, the adults and teachers of today, are the graduates of high schools, colleges, and universities in the recent past.  Not only are various levels of American education interrelated, but the problems also feed back upon one another to produce a complex of relationships that affect us all and must be handled wisely.  In professions such as medicine or architecture, failures soon become apparent and are corrected.  A faulty experiment impacting the socio/political mindset may not be detected for two or three generations, when it is too late to reverse and avoid disaster.

 

Academic_freedom

 

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For more information or to purchase Restoring Education Central to American Greatness:

http://bookstore.iuniverse.com/Products/SKU-000185969/Restoring-Education-Cen...

http://www.amazon.com/Restoring-Education-Greatness-Principles-Liberated/dp/1...

http://www.barnesandnoble.com/w/restoring-education-david-a-norris/1103308053...

 

For previous blog entries on similar topics, simply go to this site and scroll down:

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