Filed under: judges

Part I: Government

American Principle Eleven (Part I)

 

Government and Union Monopolies Involving Education

Or Religion Are Prohibited--For Liberty's Sake


"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.'"

First Amendment, Constitution of the United States

 

 

The delegates to the Constitutional Convention were concerned about the use of government power by what Thomas Jefferson called "Tyrants of the Mind."  Instead of government being the servant of the people, tyrants override the people's authority and gradually take control of what schools teach.  The family and the teaching of American history become early victims.  Students are dumbed down.  Secular open-minded morality and class envy divide families and communities.  Fellow travelers in the judiciary reject the historical application of First Amendment law.  In later chapters we document the inroads of harmful law.

 

Government-sanctioned teacher tenure guarantees are a violation of the First Amendment.  Privileged government teachers lead toward the same devastating consequences as the government-sanctioned church imposed on medieval Europe.  Experience with tyrants of the mind is the reason for the First Amendment.

 

Tyrants of the mind are bullies.  The creation of fear enables the few to overpower school administrators hired by the people to run schools in the public interest.  The weapons used include bad-mouthing and the ruin of the reputations of good administrators and teachers who dare to challenge leftist "politically correct" militants.

 

Editors of the book Speeches That Changed the World started with the Ten Commandments (Exodus 20:1-17) and Christ's Sermon on the Mount (Matthew 5-7).  These editors recognized the good that believers have contributed to society and the superior quality of the Bible as literature.  Speeches That Changed the World included speeches by two Darwinian evolutionists, Adolf Hitler and Joseph Stalin.  Their leadership did influence the world.  The murder of millions of innocent people demonstrates the depths to which the open-mindedness of Darwin's God-rejecting Origin of the Species dogma can take men.

 

As always happens, those who reject the envelope of the life-enhancing "Laws of Nature and of Nature's God" eventually self-destruct.  The problem now in America is the damage being done to the minds of millions of our youth who will soon be leaders.

 

"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" (Grand Jury study of problems in higher education for the Eleventh Judicial District of Iowa, chaired by David A. Norris).

 

"The first national study of four common sexually transmitted diseases among girls and young women has found that one in four [is] infected with at least one of the diseases, U.S. health officials reported Tuesday" (Lawrence K. Altman, New York Times, March 11, 2008).  One in four U.S. teenage girls have STDs.  The diseases, which are infections caused by bacteria, viruses and parasites, can produce acute symptoms… and potentially fatal pregnancy… and cervical cancer.  The two most common sexually transmitted diseases, or STDs, among all the participants tested were HPB at 18 percent, and chlamydia at 4 percent, according to the analysis portion of the National Health and Nutrition Examination Survey.

 

An honest evolutionist: "Evolution is unproved and unprovable.  We believe it only because the only alternative is special creation which is unthinkable" (Sir Arthur Keith, citation in Wallie A. Criswell's Did Man Just Happen?, Grand Rapids MI: Zondervan, 1973).

 

Education worthy of the name will emphasize that the president, congress and the judiciary are servants of, by and for the people who are the sovereigns under creation's God.

 

 

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Part I: Government

American Principle Eight

 

The Overriding Concern When Writing the Constitution

Was Imposing a Check On Man's Sin-Prone Behavior

 

"He has combined with others to subject us jurisdiction [control] foreign to our Constitution and unacknowledged by our laws, giving his assent to their acts of pretended legislation."

Declaration of Independence

 

 

A high priority when framing the Constitution was to expose government officials who persist in rejecting the message of their own conscience for the short-lived benefits of dishonesty and immoral conduct.

 

Upholding the responsibilities of civility is the necessary predicate for a liberty-friendly Constitution; liberty being the absence of authoritarian oppression.  This dictates the values that must be upheld by legislators, judges and administrators.  These values include sacredness of the family - one man and one woman in marriage; upholding the right to life and liberty, meaning citizen self-rule; equal treatment by law for all, leaders and non-leaders; protecting the labors of citizens' property rights, meaning to keep thieves out of the corn crib and taxes low; respect for God-honoring leaders.  And absolutely no government involvement in education and church except supporting unfettered competition among education and religion providers.  This protects the people's right as sovereigns to choose.  The people can be trusted (historic "rule of law"); government officials cannot be trusted (historic "rule of man").  The clear lesson from history is that government-established education, church authorities, and sanctioned monopoly unions empower tyrants who confuse, exploit and enslave.

 

The testimony of the Constitutional Fathers reminds us that government must be continually restored to the control of law-abiding citizens.

 

"But there is a Degree of Watchfulness over all Men possessed of Power or influence upon which the liberties of mankind much depend.  It is necessary to guard against the Infirmities of the best as well as the Wickedness of the worst of Men.  Such is the Weakness of human Nature that Tyranny has oftener sprang from than any other Source.  It is this that unravels the Mystery of Millions being enslaved by a few" (Samuel Adams, Letter to Elbridge Gerry, 1784, emphasis by Adams, Samuel Adams was a Delegate to the First Continental Congress, 1774; signed the Declaration of Independence, 1776: member of Massachusetts State Constitutional Convention, 1781).

 

"Show me that age and country where the rights and liberties of the people were placed on the sole chance of their rulers being good men, without a consequent loss of liberty!  I say that the loss of that dearest privilege has ever followed, with absolute certainty, every such mad attempt" (Patrick Henry, Virginia Convention for accepting or rejecting the Federal Constitution, 1788).

 

James Madison wrote, "The only distinction between freedom and slavery consists of this: in the former state, man is governed by laws to which he has given his consent, either in person or, by his representative.  In the latter he is governed by the will of another…  If men were angels, no government would be necessary" (cited by Forrest McDonald, The Intellectual Origins of the Constitution, Lawrence, Kansas, University of Kansas Press, 1985, 160 and 205 respectively).

 

 

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Part I: Government

American Principle Six (Part III)

 

The Written Constitution Established

By Americans Is a Tool For Governing

 

Governments derive "their just powers from the consent of the governed."

Declaration of Independence

 

 

Constitutional law, before it was amended, protected the public treasury from being raided by government employees.  It is important that we the people know and support the retention of honorable legislators, administrators and judges.  Honorable officials do not dole out money flippantly, promote character-destructive legislation, and provide administrative favors or prejudicial judgments to privilege-seeking voters.  This means no "quid pro quo."

 

Secondly, the basis for the Bill of Rights amendment details how the tool, albeit the people's treasury, must NOT be used to interfere with a citizen's freedom to learn, think, worship and work independently.  This principle from the Bible, declaring that people have the right to view competing sources of knowledge and are free to choose, speaks to the tremendous value of the American Judeo-Christian heritage.  This never before used basis for a nation's laws came from the Judeo-Christian beliefs of our Founders.

 

Called natural law, the "Laws of Nature and of Nature's God" from the Declaration of Independence, reflect man's inherent ability to distinguish between right and wrong.  These beliefs are also supported by man's conscience.  Paul rejoices that "… the testimony of our conscience, that in simplicity and godly sincerity, not with fleshly wisdom, but by the grace of God, we have had our conversation in the world…" (2 Corinthians 1:12).

 

The original laws adopted by Americans uphold life and equal justice.  They include the sanctity of marriage between a man and a woman as well as the Ten Commandments.  When natural law was adopted by the judiciary and legislators, it became known as the Common Law basis for the rule of law.  Clearly superior to the vacillating rule of man, American law is traceable from the Bible to the Magna Carta (citizen sovereignty under God) to the Declaration of Independence and the citizens' Bill of Rights.

 

Common Law, resting on God-honoring values, caused immigrants by countless millions to flee authoritarian rule and come to America.  It is the conspicuous benefits flowing out from the impartial "Laws of Nature and of Nature's God" that unified our immigrant nation.  That bond is reflected in the USA Today/Gallup Poll, May, 2010.  Ninety-two percent of Americans believe in God and only five percent say they oppose the National Day of Prayer.

 

The Commission on Excellence in Education remains the premier American study of problems in public education.  It states:  "If an unfriendly foreign power had attempted to impose on America the educational performance that exists today, we might well have viewed it as an act of war."  The report laments "the de-construct of the moral and spiritual strengths which knit together the very fabric of our society" (A Nation at Risk, the National Commission on Excellence in Education, April 26, 1983).

 

The meaning of diversity, applauded by American immigrant society, has now been perverted by laws, requiring citizens and public schools to assent publicly to sodomy, infanticide and atheistic education exclusivity, all of which are outside the envelope of life.

 

Americans had not sought to amend the Constitution, yet Langdell (dean of Harvard Law School, 1870-95) determined that the original intent and meaning for our written Constitution be scrapped.  As long as the people's lawmakers in Congress willingly sit idly by, liberal judges will continue to modify or sanction laws that are outside the envelope of life and then endorse their own opinions.  Secular militants who discount the Common Law moral fabric that powered American greatness speaks to the evil consequences of secularism which lead men and nations to self destruct.


 

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Part I: Government

American Principle Six (Part II)

 

The Written Constitution Established

By Americans Is a Tool For Governing

 

Governments derive "their just powers from the consent of the governed."

Declaration of Independence

 

 

The people as sovereigns have no right to delegate powers to government that are unjust.  Citizens have the right to the fruits of their labor from irrational and confiscatory taxes.  Those in the judiciary have the very serious responsibility to uphold lawsuits, finding that legislators or government administrators are violating the unalienable rights to equal treatment under the law intended by the Constitution.

 

The limited uses of government powers are addressed in 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 citizen self-reliance], and secure the Blessings of Liberty [from oppression] to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

 

In Abraham Lincoln's immortal speech, he emphasized that we, as a people, look to God's law for justice and liberty.  He dedicated the field where thousands gave their lives at Gettysburg, saying, "That this nation, under God, shall have a new birth of freedom--and that government of the people, by the people, for the people, shall not perish from the earth" (The Gettysburg Address, Gettysburg, Pennsylvania, November 19, 1863).

 

Some delegates to the Constitutional Convention believed these principles of the Declaration of Independence for guiding government action would prevail without amending the Constitution because many states had adopted a Bill of Rights.  Framers at the national level felt the Constitution was adequate because they just spent four months designing ways to expose and remove evil men from government and encourage honorable employees to stay.  Obviously the delegates did not anticipate the pervasiveness of the federal judiciary as it has since developed.  Ultimately the Founders at the state level made a most significant contribution by insisting that the nation's Constitution be amended by a Bill of Rights.

 

Regardless of the rank of those in government, they are the servants, and the citizens who established the Constitution are the sovereigns.  Having it any other way is a return to the long history of tyranny from the hands of evil men powered by government.

 

 

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Part I: Government

American Principle Five

 

Liberty--From Oppression By Big Government

and Nongovernment Authoritarians--Is Vital

 

"unalienable Rights, that among these are … liberty."

Declaration of Independence

 

 

"Liberty and life are the gratuitous gifts of heaven.  I shall certainly be excused from adducing any formal arguments to evince, that life, and whatever is necessary for the safest of life, are the natural rights of man.  Some things are so difficult; others are so plain, that they cannot be proved" (Supreme Court Justice James Wilson, Lectures, delivered in the College of Philadelphia, 1790-1791).

 

Liberty, in the context of the Declaration of Independence and Preamble to the Constitution, means freedom from government activity that would undermine the development of citizen self-reliance.  Not only must those in the judicial branch of government support the meaning and intent of the Constitution for God-honoring education curriculum, the people's money should not be used to buy political advantage.  When politicians continually manage to have welfare payments given to healthy people when jobs remain available, they are promoting a growing block of dependent citizens within the population.  Once reduced to dependence on government, the fiscal and sociological consequences to society become permanent.  These people soon figure out that by electing liberals, they can become work-free.  Helping those who are incapable for reasons beyond their control is, of course, man's duty and beneficial to all.

 

"Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are a gift of God?  That they are not violated but with His wrath?  Indeed I tremble for my country when I reflect that God is just:  that His justice cannot sleep forever" (Thomas Jefferson, Notes on Virginia Q.XVIII, 1782. ME 2:227).  Thomas Jefferson was the principal author of the Declaration of Independence and third President of the United States.

 

The Constitution, starting with We the people, was designed to identify and remove authoritarian cheats from power in government.  Many of those cheats remain unpunished, but, in the recent past, one president of the United States was forced to resign because of dishonest claims.  Another president was required to testify before a citizen grand jury and later found to be guilty of perjury (telling lies under oath) and obstruction of justice, and was impeached by the House of Representatives.  This only works when all men are equal in the sight of God and the law, and when the laws reflect justice.

 

Leaders are important, but leaders must be held accountable to the judgment of the people.

 

 

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Part I: Government

American Principle Four (Part II)

 

All Men Are Equal

In the Sight Of God and the Law

 

"that all men are created equal ..."

Declaration of Independence

 

 

The Bible's Priesthood of Believers doctrine points to the direct God-to-man relationship that has liberated countless millions of people from exploitation by truth trashers.  People cherish a system that defines the truth as a gift from God, unchanging and always applicable.  They appreciate a system that respects the right to enjoy the fruit of one's labor and freedom to exchange enhanced products for prosperity.  Recognized anew during the Great Reformation (1500-1570), it is part of the American Judeo-Christian heritage.  The God-to-man relationship is a protective covenant.  People may choose to avoid deception imposed by authoritarians by going directly to God's Word and, when interpreted as such, learn the TRUTH.  Protected by the religious liberty amendment, until twisted by judges, the First Amendment freed the people from the tyranny of ideological truth trashers.

 

When adopted both religiously and educationally, Priesthood of Believers diminished the ability of truth and knowledge trashers and generated the greatest expanse of human ingenuity and prosperity in history.

 

The Judeo-Christian faith is not a religion that is forcefully imposed on the people.  Acceptance is a personal choice.  Paralleling Biblical morality, the Creator-based Declaration of Independence serves as America's impartial Civic Religion for public life.  Immigrants come to America by the millions because they can be free from the inequality of authoritarian rule.  For some readers, this may seem beside the point, but the Judeo-Christian Bible, though thousands of years old, has been the most popular book throughout history, by far.  Pilgrim's Progress, a book composed of Christian allegory by John Bunyan, was published in February, 1678.  Written almost 350 years ago, Pilgrim's Progress is thought to be second only to the Bible in existent numbers today.

 

Only when public alarm leads to changes in the judicial branch, and the meaning of the First Amendment again becomes law, can education become free from the enemies of religious liberty and citizen self-government.  This would put an end to the use of government-powered lawsuits by men intent on defiling society.  "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 …" (from the First Amendment to the Constitution of the United States of America).

 

 

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Introduction VII

There are three achievements of secular progressives that have enabled leftist radicals to control behavioral instruction in public schools (see Chapters 7 and 9).  Their first big achievement came when Supreme Court majorities began to impose mandates for law that rejected the unique God-honoring basis for law advanced by the Magna Carta and the American Declaration of Independence.  When secular mandates by the court for future laws are allowed to stand, the historic absolutes resident in the "rule of law" and moral priorities are no longer binding.  Consequently, our Constitution becomes a mere political document.  The center of power shifted foolishly from the people and Congress subject to the Constitution, to the political preferences of judges.  Among the first of many twists away from our Constitution and the First Amendment was the Everson v. Board of Education decision.  The second achievement of leftist radicals was the takeover, beginning in the 1960s, of the then-conservative National Education Association (see Chapters 7 through 10).  Also in the 1960s, secular progressives, committed to the elimination of self-government and liberty, reached their third achievement--the unionization of government teachers.

A government-established union monopoly, like an established state church, undermines the people's right to choose between providers that must compete for a following.  Union monopolies have always been power-corrupting institutions. Whatever their agenda by subject or region, accountability to competition is removed and evil prevails.  Union monopolies are in diametrical opposition to government of, by and for the people.  It is the collective political power foolishly granted to autoworker unions that brought the American auto industry to its knees.  It is the collective political advantage of unionism that makes it possible for radicals to impose their atheistic worldview over the objections to both the vast majority of parents and the millions of excellent teachers caught in the union web.  Violation of citizen authority (government of, by and for the people) is the radical politics of fascism--authoritarian hierarchical government.

Detailed in Chapter 7, the loss of citizen control over what our nation's youth are taught in the behavioral studies hinges on two teachers' tenure contract paragraphs demanded by union bosses when negotiating with local school boards.  The first devastating paragraph provides teacher tenure guarantees that supersede the authority of school administrators to replace employees.  The second harmful paragraph makes it a crime to disclose bad teacher performance to the public or to other schools that are considering hiring the teacher until costly and lengthy legal proceedings have approved such disclosure.

 

Professionals like medical doctors, engineers, plumbers and airline pilots--vital to our society--do NOT have tenure guarantees.  Yet what is being taught to America's youth is of even greater importance.

Some repetition has been used for emphasis and to tie the chapters together.

 

Benjamin_franklin_4

Benjamin Franklin

Benjamin Franklin, a delegate from Pennsylvania to the second Continental Congress and signer of the Constitution of the United States, wrote about the First Principle 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; then this little ball on which we move, seems, even in my narrow imagination, to be almost nothing, and myself less than nothing, and of no sort of consequence … 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!" (Benjamin Franklin, "Articles of Belief," in The American Ideal of 1776, ed. Hamilton Albert Long {Philadelphia: Heritage Books, 1963}, 5).

Is it too late for America?  Not at all.

 

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State of Iowa Bill of Rights II

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.

 

Twice tried--bail. SECTION 12. No person shall after acquittal, be tried for the same offense.  All persons shall, before conviction, be bailable, by sufficient sureties, except for capital offenses where the proof is evident, or the presumption great.

Habeas corpus. SECTION 13. The writ of habeas corpus shall not be suspended, or refused when application is made as required by law, unless in case of rebellion, or invasion the public safety may require it.

Military. SECTION 14. The military shall be subordinate to the civil power.  No standing army shall be kept up by the state in time of peace; and in time of war, no appropriation for a standing army shall be for a longer time than two years.

Quartering soldiers. SECTION 15. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law.

Treason. SECTION 16. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort.  No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in an open court.

Bail--punishments. SECTION 17. Excessive bail shall not be required; excessive fines shall not be imposed, and cruel and unusual punishment shall not be inflicted.

Eminent domain--drainage ditches and levees. SECTION 18. Private property shall not be taken for public use without just compensation first being made, or secured to be made to the owner thereof, as soon as the damages shall be assessed by a jury, who shall not take into consideration any advantages that may result to said owner on account of the improvement for which it is taken.

The general assembly, however, may pass laws permitting the owners of lands to construct drains, ditches, and levees for agricultural, sanitary or mining purposes across the lands of others, and provide for the organization of drainage districts, vest the proper authorities with power to construct and maintain levees, drains and ditches and to keep in repair all drains, ditches, and levees heretofore constructed under the laws of the state, by special assessments upon the property benefited thereby.   The general assembly may provide by law for the condemnation of such real estate as shall be necessary for the construction and maintenance of such drains, ditches and levees, and prescribe the method of making such condemnation.  Paragraph 2 added 1908, Amendment [13].

Imprisonment for debt. SECTION 19.  No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in case of fraud; and no person shall be imprisoned for a militia fine in time of peace.

Right of assemblage--petition. SECTION 20.  The people have the right freely to assemble together to counsel for the common good; to make known their opinions to their representatives and to petition for a redress of grievances.

Attainder--ex post facto law--obligation of contract. SECTION 21.  No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.  Referred to in S12E.11, 16.2 of the Code.

Resident aliens. SECTION 22.  Foreigners who are, or may hereafter become residents of this state, shall enjoy the same rights in respect to the possession, enjoyment and descent of property, as native born citizens.

Slavery--penal servitude. SECTION 23.  There shall be no slavery in this state; nor shall there be involuntary servitude, unless for the punishment of crime.

Agricultural leases. SECTION 24.  No lease or grant of agricultural lands, reserving any rent, or service of any kind, shall be valid for a longer period than twenty years.  Referred to in S461A.25 of the Code.

Rights reserved. SECTION 25.  This enumeration of rights shall not be construed to impair or deny others, retained by the people.

 

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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 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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