Originally
posted from 10-26-03 to 11-02-03
Jury Nullification Before U.S. Supreme Court
by Rex Curry, Attorney at Law
Jury nullification
is now before the U.S.
Supreme Court. The argument that jurors should be able to reject vice
laws and acquit is in a new Petition for Writ of Certiorari. The Petition
also argues various reasons why vice laws are unconstitutional. The
nullification arguments and the entire brief can be viewed at http://rexcurry.net.
As an attorney and
a libertarian I am urging the nation's highest court to recognize jury
nullification, also known as jury pardon and jury veto. During my legal
career, I have often been asked if jurors can overturn bad laws. The
askers fear compulsory jury duty to convict defendants accused of vices
(gambling, prostitution, drugs) or other non-violent charges (tax non-payment,
gun possession).
The fear has risen
because many non-violent consensual acts now carry mandatory sentences
of 10 years and even life in prison. Jurors are not told that their
verdict will result in a non-violent defendant with no prior record
going to prison for a decade or more. The jurors won't know what they
have done and if they find out, then they might become ill.
Most courts hold
that jurors do not have the right to acquit in defiance of the law,
though courts recognize that jurors have the power to do so, and that
nothing can be done about jury nullification when it happens. In history,
jury veto has been used for acquittals against charges involving miscegenation,
slavery, etc.
For more information
on jury nullification, jury veto, and jury pardon see:
http://members.ij.net/rex/fija.html
for more ideas on
liberty and libertarianism see
http://members.ij.net/rex
http://rexcurry.net
Originally
posted from 10-21-03 to 10-26-03
In Defense of Rush
by Lewis J. Goldberg
I have editorialised against Rush in the past - for the gaping holes
in his knowledge of American history, particularly as regards the late
War of Northern Aggression. The only reason Rush can say that he's right
ninety-whatever percent of the time is that he generally keeps his trap
shut about St. Abe and his angels of death. However, with the recent
exposure of his addiction to painkillers, I find it necessary to 'rush'
to his defense.
About a year and a half ago, I had a minor surgery that laid me on my
back for a week. For as small as the incision was, it hurt like I had
my legs amputated - from the waist- down. Doctor prescribed the same
Oxycotin that Rush was taking for his spinal troubles - pain the likes
of which I cannot fathom.
Let me tell you - that Oxycotin, whatever it is, it's got it goin'
on. It makes you feel real good. After the worst of my pain
wore off, I could tell that it was addictive. Now, I realise that medicines
affect people in different ways, and so one man may be able to take
Oxycotin for a week and lay it down afterward like it was a jar of black
licorice. If I had a more major surgery that required me to take Oxycotin
longer than the week that I did, I think I might have been hooked, as
well. As it was, I almost felt like I needed a rehab.
Rush has been labeled by his detractors as a hypocrite, in that over
the years he has been critical of the plight of drug addicts. The big
difference in Rush's case is that one's doctor does not prescribe heroin,
LSD, or crack-cocaine - drugs which have an even stronger addictive
quality to a wider variety of people. Rush went to a trusted physician
- a member of the American Medical Establishment - and the man said,
"Here, Mr. Limbaugh, I - a licensed physician of the State of Florida
(or whatever) - give you Oxycotin, because I think you need it."
Addicts of illegal drugs - at some point - make a decision to illegally
aquire an illegal drug, which they know (unless they've had their head
in a box all their life) is addictive, and that they will have to continue
to engage in illegal activity to support their habit. Rush, like me,
followed doctor's orders and took the drug.
Did Rush break the law in taking Oxycotin after his prescription ran
out? Indeed - yet they are likely some of the same laws that prevent
me trying my own daughter's allergy medication (which I may have done,
but I'm not telling). And if I did, maybe I could occupy the cell next
door to 'el Rushbo.' It would be great conversation, but I'd miss my
family. Though drug addiction is a tragedy any way you look at it, common
sense forces us to look at the fact that if everyone who ever got addicted
to prescription drugs were imprisoned, we'd have to have a jail the
size of Vermont to put them in.
Oxycotin works, and it works well. It does exactly what it was designed
to do in the situations for which it's meant to be taken, and is worth
the money one pays for it. Doctors, however, can take the Rush incident
as a wakeup call to track their patients' use of Oxycotin more closely
to help prevent such disasters from befalling others. My own doctor
acted like he never heard of anyone becoming addicted to Oxycotin, though
I was able to read about Oxycotin addiction freely on the Internet.
In the final analysis, Rush made a big mistake, and I am sure he realises
that now. He has not squirmed and tried to lawyer his way out of all
this - he's taking his treatment like a man. Let's back off and let
him get his rehab done - there's plenty of time for attack dogs later.
Originally
posted from 10-12-03 to 10-21-03
It's Your Choice
by N. Scott Mills
The freedom to choose
is one of the only real freedoms you have, and the most important freedom
you have. You should not let other people, or the government, or the
collective choose for you. You should choose for yourself. You have
the right of free will (self-determination).
The government enforces
- or forces - its choices upon you, by making you pay taxes. Whether
it's property taxes, or income taxes, or a sales tax, or gas taxes,
you have no choice. Then it chooses how to spend your money.
It enforces - or
forces - its compassion, or its laws, or its regulations, and morality
upon you. You are not free to choose how you will spend your money for
yourself, or what moral choices you should make for yourself. The
government enforces it upon you - or forces you - to choose what compassion
and morality they decide is for your own good, or the good of the collective.
You should be free
choose of your own free will to wear a seat belt, to choose to wear
it for your own safety and good. But instead they force that choice
upon you. They force you to wear a helmet when riding a motorcycle,
instead of letting you choose it for yourself. They force you not to
take illegal drugs, they force you not to involve yourself with prostitutionm
and they force you into the so-called compassion of their social programs.
You should be free
to choose for yourself your own charity and compassion for others, and
free to choose what you want to do for your own personal safety. It
does your soul no good for the government to force or enforce its choices
upon you.
You should choose
for yourself, and take the responsibility unto yourself through your
own personal choices, how you should live your life. All you have is
your life and how you choose to live it, and the choices that you make
is what makes you the individual that you are, not what the government
chooses for you.
When you can no
longer choose for yourself, but the government chooses for you by enforcing
its will upon you for your own good and the good of the collective,
you are no longer free, but living under tyranny and slavery. The government
should not enforce its morality and compassion upon you. It should protect
your rights and freedoms, especially your right to live free from harm
for yourself and your property.
You have to respect
other peoples' rights and freedoms to be individual and free, especially
the right to live free from harm. You have to choose for yourself, to
be true to yourself, to be individual and free. You need to be able
to choose your own morality and compassion, and to choose that which
you think is best for you and your body, not have it enforced or forced
upon you by government. You should have the right of self-determination
over your own body, mind, and soul, and to be a free, sovereign, autonomous
individual.
We have to choose
for ourselves, to be the best of ourselves we can be. That is the only
way we can be individual and free.
Originally
posted from 09-21-03
to 09-28-03
The Perfect Storm
by R.A. Hawkins
Several years ago my wife and I got to experience the plebian version
of honesty first hand. We had a hurricane in our area, and to me it
had the effect of a winnowing fan. It isn’t that I got any real
surprises it was just that the suspicions I had about certain types
of people were brought into the open by this storm. To me it was the
perfect storm.
During that hurricane my oldest son and daughter went to stay at a friends
house to ride the storm out. During the night somebody got into someone’s
pocket and stole eighty or so dollars. We got a call a few days later
by one of the kids and it turned out my son had a feeling he knew exactly
who had committed this breach of friendship. He went and talked to the
guy for a little bit and got him to fess up to it and return what was
left of the money (about $30.00 or so). What followed after that was
shocking to both of us. In a way I was grateful for the opportunity
provided by the perfect storm given birth by the hurricane. There was
an opportunity to teach my own kids in all of this. They learned the
difference between two completely separate cultures in this world and
I’m glad for it.
Now for the secondary storm which was the most powerful of all. The
moment the money was returned with a promise of later repayment of the
balance, it was over. I asked my kids what had been done after the money
was returned. My son told me “Nothing” because it was now
over because nobody cared about it anymore. Where did he get that? He
got it from the adults who were the parents of both the thief and the
victim. He also got it from the parents of the other kids who were present
for the rather sordid ordeal. One of the parents called to thank us
for letting our son work it all out and my wife asked this parent if
they even cared who it was who had committed this breach of trust. The
answer was appalling. “No, he got his money back so it is over.”
My wife asked if it bothered them that one of their kids friends was
a thief. None of the parents talked to afterwards cared who had done
it. The money had been returned. It was over and the money was all that
mattered. There were eight kids present for this event. Two of them
understood what had happened and the rest of them to all accounts are
lost to this society. The two that understood the reality of the incident
are my kids. The others? They are to this day pursuing foolishness and
guilt free dishonesty in its many liberal and diverse forms, both legal
and illegal.
What, to the dull of wit, was a tempest in a teapot was to me the exposure
of a rift between two completely different worlds. Shouting across the
chasm which had opened for all to see brought not even an echo, just
blank looks. Not one of those people could see what they allowed in
their midst because of the discomfort they shunned by refusing to deal
with an obvious fact. They will forever be surrounding themselves with
those who, like themselves, don’t understand the difference between
right and wrong. Because of that they will for their entire lives be
facing the same problems over and over again. They say there are no
such things as victims in the world, only volunteers. In this case that
is quite true.
What does this have to do with politics? Mention Reagan around any one
of these people and their little faces twist up with a hatred that is
almost shocking. Say something about Clinton that isn’t positive
and they will tell you what a great job he did. Ask them to name one
thing he accomplished and they give you the same blank stares they gave
across that chasm that opened up those days after the perfect storm.
They have no answer for that question. You’re now asking them
to be specific and that requires intelligent thinking and critical reasoning
skills. Leftism requires a large amount of contemptible theft and thoughtless
behavior. It requires one to willingly take from those that work and
give to those that won’t. It also requires the politicians to
keep the ignoble right where they are. The honest ignoble or socialist
is as common as the unicorn these days. They also represent the exact
opposite too. The socialist represents willful slavery, theft, the hill
of skulls in Cambodia, the death camps (Laogis) in China, the gulags
in Russia, willful ignorance and people of the Clintons ilk. The unicorn
represents immortality of the human soul and all that is good.
How did it come to this? We quit teaching silly little things like morals.
The ignoble now learn from the ignoble. Morals aren’t silly at
all and are the very underpinnings of our society. Read a story in school
that is about something of value these days and the teacher will be
trashed for being backwards and biased by a group of people who are
masters at creating a tempest in a teapot. Too many people take the
low road because they feel it’s easier. They then wonder why things
fall apart around them continuously. They fall prey to the tempest in
the teapot and summon through inaction and thoughtlessness a most destructive
storm.
(c) 2003 R.A. Hawkins
Comments are always welcome. Please send them
to ironwyng@aol.com .
R.A. Hawkins is the author of "Through Eyes of Shiva", available
through http://www.amazon.com/. Visit http://www.entropical-paradise.com/
--Entropical Paradise - The Home of R.A. Hawkins for more commentaries
and editorials by R.A. Hawkins.
Originally
posted from 08-03-03
to 08-10-03
What’s Next for IT?
by Bill Brennick
So far, the "Information Technology" sector has definitely
thrown people like me, Network Engineers, a major monkey wrench in the
engine. The US Department of Labor has reported that the unemployment
level in the United States is reaching disturbing
proportions.
Hundreds of thousands of computer/network people are still suffering
from the job market "rug" being pulled out from under them.
Back in the 90's (a.k.a. the "dot com era"), network engineers
had to do everything in their power to be able to manage all the recruiter
firm relationships, unsolicited employment marketing emails, interviews,
résumés, and cover letters, and still retain the ability
to stay on the "cutting edge of technology". Work was everywhere,
and time-management was probably one of the hardest things to maintain
in the process of trying to work in the Information Technology sector.
I practically had to beat headhunters off my front doorstep and, at
the same time, could "pick and choose" the best networking
position available. Life was grand.
Now, in the "Post 9/11, Post Iraq-war" era, everything has
changed. The unemployment rate has been increasing, there are fewer
technology-related jobs, the pay scales have slipped a few slots down,
and the employment recruiters have developed an Orwellian method of "a
wolf in sheep clothing" tactic towards network engineers and developers.
For example, 10 years ago, recruiting firms usually didn’t give
a hoot about the status of your credit. Now, with most positions available
in the IT industry these days, you will have your credit report considered
before you get a hiring letter. I can hear it from here, ten years from
now:“Oh, excuse me Mr. Brennick, it appears you have less than
$1.4 million dollars in your bank account. I’m sorry, I’m
afraid we can not consider you for this position.” What’s
next for IT?
It’s interesting too, because I also remember what the medical-field
was like ten years ago. There was nowhere near the number of medical
jobs then compared to the way it is now. How did the medical field become
so in demand, especially when insurance rates are flying off the charts,
more medical law-suits are coming into question, and the in the overall
failing economy?
In addition, with many of the corporations in major metropolitan cities,
there has been a substantial increase in the hiring of "Fast Track
Visa" people from abroad. This is yet another piece to the large
Information Technology employment puzzle. How many more jobs are going
to be taken away from the American people? Good ‘ol George W.
Bush (a.k.a. Dubya) hasn’t really done a whole helluva lot for
the IT industry.
I once got really frustrated when I kept hearing about all the overseas
outsourcing the companies were doing, and I simply went to one of the
"Big Five" employment websites to see what would happen if
I duplicated my résumé with the exception of the name.
I copied my résumé, word for word, and then changed the
name on the account to something like "Ali Ah Zah". Before
I go on to the effects of what happened in the experiment, let’s
look at the track record of my regular/official résumé.
How many phone calls have I gotten in the last six months from a recruiter
or company? Not a one. Now, what happened when I changed my name? Within
two business days, I received ten phone calls from ten different recruiter-firms
asking me if I was a) on a work visa, and b) if I was interested in
their positions - plus a signing bonus. I fell back in my computer
chair, sighed, and said to myself, “You’ve got to be kidding
me.” What’s next for IT?
It was right after that that I started researching into the employment
trends around the country, and the patterns of people coming to the
United States with work visas. I read this article (October 15,
2002) written by Margaret Quan from
EE
Times and had to stop and think when I read:
Bryant said she
is not sure if the drop in unemployment rates is an aberration or
a trend.
"Despite
the hopeful talk about the recession being over, US engineers and
computer scientists aren't out of the woods yet, not by a long shot,"
she said, noting that the fourth quarter is "always a prime time
for job cuts."
It certainly didn’t
make me feel any better. I just kept asking myself, "What’s
next for IT?"
Well, it was the
wrong thing to ask myself. Why? Because each time I’ve asked myself
that question, two more "Bad IT Vibes" came barreling down
on me. One was when I found out that the Microsoft certifications "expired"
after a set amount of time (i.e. 6-months, a year). I wasn’t pleased.
Thousands and thousands of dollars spent on classes and tests, only
to find out that you are not a "good fit" for some half-ass
Administration position, or to have some 21-year-old recruiter tell
me that, because my certifications are over a year old that I am "outdated".
Are they for real?
My father used to be an (old school) Industrial Engineer. During the
15+ years he was in that profession, he suggested to me from time to
time that I get into Industrial Engineering. Why? Because he used to
tell me, “Once you’re in, you’re in.”
I certainly know, in this day and age, that really doesn’t work
unless you are talking about a union job. Which leads me to ask: Why
is there no established "National Information Technologists"
union. Why is there no established "National Routers & Switchers"
union? I believe it should stop being talk and theory, and start getting
some of the "Big Boys" together (i.e. Cisco, Sun Microsystems,
Nortel, RedHat Linux, Lucent, and US
Representative Ron Paul of Texas) and see if we can get them to
throw the network engineers and software-developers a bone and help
them form a union. The electricians, plumbers, and carpenters have been
doing it for years. Why can’t we? Anyway, it's food for thought.
Now back to the impending doom of network engineers' careers...
Another issue the guys in Washington are trying to push through is the
ongoing "Congressional Calls For More Background Checks" across
the board. Now keep in mind, I am very supportive of the upped national
security around the country. I just have a problem with the fact that
if companies do get the power from the government, across the country,
potential employers can search my credit reports and my purchasing trends
legally. That is no one's business as far as I’m concerned, and
what does that have to do with what I know about writing router-scripts?
It doesn’t make a lick of difference to me or to many other Server-Administrators
and LAN/WAN Engineers. We just want our jobs back. The country is not
going to have a massive rebound in IT until the government can limit
and restrict the out-of-country work visa people employed in the United
States.
I could go on for hours, but there are times I just stand back and say,
“Oh well, so much for that career. What’s next for IT?”
I’ve read a lot about the psychological
effects of people whose careers - like mine - have virtually disappeared
after 9/11, but I manage. From time to time, more so just to humor myself,
I follow up with the recruiting firms I’ve been dealing with for
years. They usually give me the same gloom and doom song. I don’t
know. It doesn’t really bother me. I figure it this way. The one
thing I’ve gotten out of all of this is the ability to become
the freelance journalist I am with all my "free time". Now
I just have to turn it into a career. :-)
Originally
posted from 07-27-03 to 08-03-03
Who Let Loose the Clowns of Plunder?
by R.A. Hawkins
During the late sixties a debate began regarding the allowing of doctors
and lawyers to advertise. I can’t really see where much harm has
come from doctors being allowed to advertise, but the lawyers?! People
keep complaining about rising prices and don’t seem to understand
why they keep going up. A hidden cost has been added to all products
under the sun in order to defray the cost of now necessary insurance
to cover legal fees in case of a lawsuit. It seems these days that you
can’t do anything without risking a lawsuit by someone you’ve
never even met. Without going into specifics, let me give you a few
examples you may not have heard of in the area of stupid lawsuits.
One prime Darwinian example was that of two neighbors who between the
two of them neither had a hedge trimmer, nor apparently the time to
buy one. These two icons of IQ decided to use a rotary mower, running
that sucker down the hedge with one person on either side of the hedge
holding their side up over the hedge to trim it level. Unfortunately
one of them tripped and got eaten up by more than a serious case of
The Stupids. They sued the lawnmower manufacturer for not putting a
label on the mower stating clearly that it isn’t to be used as
a hedge trimmer. Because this is clearly a no-brainer, except for some
people, I didn’t bother to follow the rest of the proceedings
to see how it eventually turned out, but I can all too well imagine.
There were a few particularly stupid cases involving people committing
illegal acts who successfully sued their intended victims because of
personal injury or trauma to themselves during the commission of the
crime. One woman tripped over her own out of control child and
successfully sued the owner of the store she was shopping in for her
injuries. Then there was that delightful woman who slipped in a puddle
of soft drink on the floor of a fast food restaurant and successfully
sued the restaurant, even though the drink she slipped in was the one
she had just thrown at her boyfriend during an argument.
As if the above situations aren’t bad enough, the Bar has managed
to lower the bar even further over the years. These days you can find
yourself the victim of a sexual harassment case for having done nothing,
literally. I was at a seminar on this exact subject once and was quite
amused to discover the predicament we all find ourselves in. It was
explained that even ogling a member of the opposite sex could get you
involved in a harassment suit. One of the poor attendees stood up to
ask a question or two. His countenance was graced with that deer-in-the-headlights
look after he received the answer to his questions. His first question
was “How do we avoid getting caught up in one of these law suits.
Does looking away from a certain person who might be likely to try this
protect you?” The facilitator calmly explained that doing that
could get him in more trouble because he is now giving that person discriminatory
treatment. He then asked how best to handle people who are likely to
pull this kind of a lawsuit. The answer was “Treat them like anyone
else.” The poor guy just sat down shaking his head. Immediately
prior to all of that the facilitator had explained that not everyone
is the same and harassment means different things to different people. You
can see the dilemma, I’m sure.
Of course not all harassment or discrimination cases are frivolous.
However enough of them are that we need a clear definition of what each
and everything means legally. Today simply telling someone you don’t
want them around because they have sued other people for stupid things
can get you sued for hurting their feelings, and making them feel diminished.
One can’t help but wonder how people can allow these ridiculous
sums of money to be handed out to people who are clearly a few tacos
short of a full combo plate, lazy, unwilling to work and blaming
someone else for their errors. Personal responsibility, and the understanding
thereof, is the root of all of this. It seems that we also have a lot
of people on juries who haven’t a clue as to what that is.
The Founding Fathers of this country warned about the social levelers
and the damage they can do to a society. The social levelers are very
much at work in our society right now and we know who unleashed these
clowns of plunder.
Ayn Rand referred to the Bolshevik Revolution as the ‘Idiot’s
Revolution’, and this is no different in any way. Here we have
a collection of suited and tied barbarians who have the power to strip
the truly productive in our society of what they’ve earned, in
favor of a collection of people who tend to pour coffee in their own
laps and go nuts. Quite clearly we have a bunch of people getting ruined
economically by the lowest common denominator in our society.
Bastiat’s essay ‘The Law’ has quite a bit to say about
legalized plunder, although he was referring to taxes. Here we have
something far more insidious than a simple tax. Here we have legalized
plunder that has been taken to new extremes. One of the largest groups
of donors to the liberal cause is trial lawyers. The trial lawyers are
robbing Peter to pay Paul because they know they can continue to count
on Paul’s support.
Oh, by the way, the debate regarding the allowing of lawyers to advertise
was started by the Democrats. They were the ones who opened the flood
gates for all of this legal plundering of your pocketbook. Remember
that during the next election!
Comments are always welcome. Please send them to ironwyng@aol.com.
R.A. Hawkins is the author of "Through Eyes of Shiva", available
through www.amazon.com. Visit http://www.entropical-paradise.com/ --Entropical
Paradise - The Home of R.A. Hawkins for more commentaries and editorials
by R.A. Hawkins.
(c) 2003 R.A. Hawkins
Originally
posted from 07-20-03
to 07-27-03
Note to Sen. Durbin: Stay Away From My Vitamins!
by Mike Ferguson
Is there no end
to the details of our personal lives that Democrats wish to regulate?
Apparently, as evidenced in a little-known bill pending in the United
States Senate, the answer is no. There is no limit to the level of control
the government wants over us.
Senate Bill 722,
introduced by Illinois Senator Dick Durbin (D) and co-sponsored by Sens.
Chuck Schumer of New York (D), Diane Feinstein of California (D) and
Hillary Clinton of New York (D), is misleadingly named the "Dietary
Supplement Safety Act of 2003". In reality, this bill has the potential
to harm the lives and health of millions of Americans as it delivers
a significant blow to our personal freedom.
SB 722 would essentially
re-classify dietary and nutritional supplements into the same category
the government puts prescription drugs in. Currently, nutritional supplements,
like vitamins, weight loss pills and protein shakes, are treated the
way most foods are treated for regulatory purposes. This bill would
add all the same expenses of overcoming oppressive regulatory burdens
that pharmaceutical companies face now. In all likelihood, it would
drive several nutrition manufacturers (which are all far smaller than
most drug companies) out of business, it would make nutritional supplements
more expensive and put many products out of reach of lower-income Americans.
I could use this
article to argue in favor of the many health benefits of nutritional
supplements like creatine, vitamins and even Ephedra when used according
to the directions. These benefits are documented many times over in
scientific research.
I could use this
article to point out the Senators' stunning hypocrisy in attempting
to regulate and put out of reach the very products that provide millions
with the ability to prevent health problems. Considering the government's
own estimates that up to 15% of the United States Gross Domestic Product
is now spent on health care, denying access to nutritional supplements
that help prevent health problems and expenses is nothing short of financial
oppression.
I could use this
article to argue that the nutritional supplement industry is a prime
example of the free market working the way libertarians claim it does.
Supplement consumers have more access to scientific data on the largely
unregulated products they buy than even prescritption drug consumers
have because supplement manufacturers must provide that information
up front and openly in order to succeed in a highly competitive market.
Manufacturers are forced to prove both the safety and effectiveness
to consumers, who have access to up to date research in publications
like Men's Health, Men's Fitness, Muscle and Fitness and Muscle and
Fitness for Her. Consumers of this industry are not reliant on trusting
someone else to approve a product, they get to research and approve
it for themselves with great success.
I could use this
article to argue all those points, but I will not. This debate is about
personal freedom and the role of the government when it comes to our
health care decisions. Senators Durbin, Schumer, Feinstein and Clinton,
along with anyone who decides to support SB 722, obviously feel that
we need the government to protect us from ourselves. This debate is,
or should be, about individual liberty: the ability for us to control
our own decisions about our lives. I can say with all confidence that
I am more capable of making competent decisions for my own heath than
Dick Durbin, Chuck Schumer or Hillary Clinton. The frightening aspect
of SB 722 is the fact that I may not have that right at some point.
Clearly, there
is no Constitutional authority of the government to regulate our individual
health decisions. Despite the claims of those who support SB 722,
this effort is not about making nutritional products safer, it is not
about the supplement manufacturers, it is about limiting the choices
and freedoms of Americans. It is about the government manipulating a
legal and beneficial industry and forcing its products to be placed
out of reach of many Americans.
There is also no
moral authority for the government to tell me what I may or may not
consume to benefit my own health. When they restrict and regulate products,
especially those like health supplements, they are directly reducing
my choices and denying me the right to assume responsibility for my
life. I simply do not need the government to protect me from my own
decisions. My health decisions are none of the government's business.
Ironically, Durbin
himself acknowledges the benefits of nutritional supplements. In his
press release that announced the introduction of SB 722, Durbin states
"Millions of Americans take dietary supplements every day without
any ill effects; in fact, some dietary supplements provide consumers
with significant health benefits. However, ...(a) small number of products
- primarily stimulants and steroids masquerading as herbal compounds
- have proven lethal to consumers."
In other words,
millions of people benefit from the products offered by the nutritional
supplement marketplace but a "small number of products" are
questioned, so all must now be regulated. By the way, to claim
that any nutritional supplement is "proven lethal to consumers"
is an outright lie by the Senator. When used improperly, virtually any
product can cause serious harm or death. No manufacturer can protect
people from their own poor decisions. Why then do people like Durbin,
Schumer, Feinstein and Clinton wish to deny the millions of Americans
they readily admit use and benefit from supplements the right to choose
their own nutrition?
In order to protect
the few who may suffer adverse effects from the misuse of nutritional
products, SB 722 would restrict access to these products for everyone.
Pharmaceutical companies currently spend up to $500,000 and up to a
decade just to get government permission to offer drugs that their scientific
research has already shown effective to treat health problems. How many
people die or suffer each year while those products are under the scrutiny
of government bureaucrats and how much more expensive are those products
due to the added cost of regulation? We may never know.
Nutritional supplements
offer what the Food and Drug Administration claims to want for Americans:
preventative health care. Recently, Secretary of Health and Human
Services Tommy Thompson publicly made the case for Americans to take
better care of ourselves now in order to avoid health problems and costs
in the future. Both our ability and our right to do just that will be
severely compromised, if not outright eliminated, if SB 722 becomes
law.
Here is what Republicans
and Democrats seemingly fail to understand: controlling my own health
care decisions is not a privilege to be granted and approved by government,
it is my individual right in a free society. SB 722 is yet another attempt
to take away more of our personal freedom. This impacts everyone, even
those who choose not to consume nutritional supplements, because of
the basic concept behind this effort. That concept is that government
knows what is best for us, we are not capable of making our own personal
decisions and that government has the right to take that freedom away
at any time. What is next? Government control of our ability to eat
foods that are deemed too unhealthy?
Supplements, food
and safety are not the issues. Personal freedom is the issue. The main
question in this debate should be who has control over your personal
health, you or the government? If the government succeeds in taking
away your freedom to choose what to eat and which vitamins and other
nutritional products you can use, what part of your life won't the government
control "for your own good"?
President Bush
has shown time and again his undying faith in big, intrusive government
and his hostility towards the Constitution and individual liberty. It
is reasonable to think that he will sign SB 722 if it reaches his desk.
Help protect your
personal freedom by contacting your Senators today and demand that they
oppose SB 722. Your freedom depends on it.
Originally posted from 07-06-03
to 07-13-03
Uncivil War
by R A. Hawkins
I was born, and attempted to grow up, in Colorado. If the truth be told
I’m still working on that process. To this day I’ll still
pick up my electric guitar and much to my tolerant wife’s dismay,
crank up a DVD and my amp to play along with some of the rock guitarist
hall of famers. I have gone windsurfing in hurricanes and done many
other totally insane things. I am a Southerner now, by the way, and
so are all of my military children. Unlike my children who were fortunate
enough to actually be born here I had to move to become a Southerner.
They say home is where the heart is and my heart is in the South and
has been for twenty-five years now.
When I moved down here my neighbors had a lot of fun with me. Shortly
after our arrival, we were having one of those Norman Rockwell weekends
where we made ice cream with the neighbors, sitting outside listening
to June bugs and crickets, and all that goes with that. A discussion
started regarding yours truly. After much deliberation it was determined
that I might be ‘okay’ since I’m technically a Westerner
and not a true Yank. I confessed that I had lived on both the East and
West coast for a few years each and the discussion was renewed. I suspect
there was some concern that I might have been tainted or something by
my time in the East. That was quite some time ago however, and I’ve
stayed here with no serious intention of leaving whatsoever.
Through the years we have endured quite a bit and at times considered
leaving. The reasons we considered leaving weren’t Southern reasons
however. What was going wrong here was happening everywhere. Our School
District used to be one of the best and that being the case they decided
to mess with it. They got rid of memorizing math tables and phonics,
introducing touch point math and sight reading, etc. You get the picture.
If it was something that had worked for years they decided to try something
new and stupid. The bunch responsible for that has since been run out
of town on a rail for the most part and the rest have been sufficiently
cowed into acting like real educators instead of facilitators in a loony
bin. I suspect the remaining few who still want to be facilitators will
leave eventually. What I’m talking about was the encroachment
of liberal ideology into the school. Why did we stay? Well there really
wasn’t anywhere else to run to. The kids survived it even though
they got a few bumps and scrapes.
I do enjoy listening to those on the left coast bashing Southerners
these days. I believe much of it is born out of a jealousy. Here in
the South you find most of the military people or future military people.
Those folks are great. Like most Southerners they don’t mince
words and really don’t like it when somebody half states their
position. It is viewed as dishonest and, more importantly, cowardly.
There are some discussions that get a little heated but most of the
time everything ends up with each respecting the other for being man
enough to act like an opinionated idiot and not back down. Or shall
I say agreeing to disagree. That is something I haven’t found
very often on the two left coasts. There you either agree that abortion
is okay as birth control but defending ones own life isn’t, or
you’re scorned and reviled. I truly think a lot of those people
should have swastikas centered in lavender lambdas tattooed on their
foreheads. I get a warm and fuzzy feeling when they call me a fascist
or McCarthy clone.
I’m not saying we don’t have a few problem people here because
we obviously do. But let’s list and remember a few of those who
trash the South regularly. We have an ex-Arkansan carpetbagger Senator
in New York and her icon of virtue husband, an anti gun with a conceal
carry license Senator in California known to me as Frankfeinstein, and
Irreverent Jackson who has no church I have ever heard of and makes
a living by shaking down honest businessmen for donations, and the list
goes on and on. What I’ve noticed about just about all of them
is a Socialist ideology and a say one thing but do another viewpoint.
They are wolves in sheep’s clothing. Don’t say you weren’t
warned. They have even invented a new Constitutional ‘Right’.
It is the right to not have your feelings hurt. The leftists have a
veritable army of lawyers to enforce their new right by suing people.
They claim to support First Amendment rights but they only support their
own. And they only care when their feelings are hurt.
While I was living in the North I noticed a few things. There is a lot
of racism there but it is hidden. I prefer it in the South because if
there is any racism it is out in the open. One of the most amazing things
created by the radical leftists is the welfare state. It is quite honestly
a paid electorate and they earn their money by voting the money changers
into office over and over again. A system has been created which keeps
them in the position they are in. The moment they are ready to get off
of the system or make that move they find their benefits cut so it’s
back to ‘the system’. The real shocker is that if you talk
to some of the more radical people in that system, they blame the conservatives
for the entire thing. I have noticed that the leftist media always shows
us a minority family when they speak of welfare. The last time I checked
nearly eighty-five percent of the people in the welfare system were
white. I just thought I’d throw in that example of the hidden
racism of the leftist elite.
Me? I plan on staying here for good, or at least until the rest of the
country straightens out. It appears as though some of the states are
finally beginning to wake up. I have to thank the Clintons for having
done that. They represent quite nicely the pinnacle of radical liberalism
in all of its arrogance and folly. They talked about doing a lot of
things but accomplished nothing positive. After having seen the Clintons
version of child protection in Texas I’m glad we didn’t
get subjected to their medical plan.
I hear a lot of talk about secession and I’m glad the talk isn’t
serious. I think the better idea would be to force the fifth column
communists into a few specific states and then throw them out. Why should
we secede when they are the ones wrecking everything? Why don’t
we force them into a dialogue of seceding? All we have to do is continue
to stand up to them and make them want to leave. I can assure them that
there will be no war of Southern aggression. Most of us will be perfectly
happy to see them go.
(c) 2003 R.A. Hawkins
Comments are always welcome. Please send them
to ironwyng@aol.com.
R.A. Hawkins is the author of "Through Eyes
of Shiva". He was born in Aurora, Colorado and grew up in
Littleton, Colorado. He has been married for twenty-five years, and
worked for the same Aerospace Company for twenty-six. His primary interests
over the years have been his family, sociology, mastering his survival
skills, windsurfing, music, politics, raising wolves, art of all types,
mycology, perma-culture, archeological anomalies, geo-politics and staying
gainfully employed; not necessarily in that order. He often describes
himself as a separate subspecies of human - 'Eclecticus-Iconoclastimus'.
His primary driving force is his unwavering belief that as sovereign
citizens we are each responsible not only for our own beliefs and actions,
but where those beliefs and actions take us in life: That the
truly intelligent person learns to determine what that consequence might
be and then acts accordingly. Our individual actions always affect far
more than we can imagine.
Originally
posted from 06-29-03 to 07-06-03
Good Parents: Don't Kid Yourselves
by Tempest
In "Don't
Kid Yourself", Lady Liberty described the right and wrong reasons
for having children. She discusses good parents and the pure joy these
good parents experience. It paints a lovely, ideal situation where children
are raised by loving parents and grow up to be happy constructive members
of society, above mediocrity. But if you've decided you'd be that good
parent creating that lovely idealistic situation, and believe you'll
be respected by society for it, you're kidding yourself.
The first years
of your child's life are spent visiting pediatricians on a frequent
basis, beginning in the hospital at birth. Have a newborn that cries
non-stop when taken by nurses like mine did? Your infant will be tested
for drug addiction without your permission. At the pediatrician's office,
your child is compared to national standards and expected to receive
immunizations. Tubby toddlers are expected to be put on diets to slim
them while trimmer, breastfed children are put on diets to make them
meatier. Parents with more than one child know the baby takes a bit
longer to talk. This is not acceptable to society and speech therapy
is recommended. Refusing to cooperate with the doctor's recommendations
gets you accused of neglect, and in come your state social workers.
The newly required Hepatitis B immunization at birth contains whole
blood. Many parents know whole blood based immunizations increase a
child's chance of contracting blood-borne diseases. Some areas allow
a parent to choose between that and a later three-step immunization
not based on whole blood. Many areas do not. In those that do not, be
prepared to lose custody of your child if you refuse the immunization
( http://www.forcedvaccination.netfirms.com/
).
Next come the preschool
years. Some parents will keep their children home while others put their
children in preschool. If you keep your child home, you will get funny
looks from self-proclaimed good parents who want their children prepared
for kindergarten and view you as irresponsible and/or neglectful. If
your child does attend preschool, be prepared for more national averages
and reccomendations. Have a smart child who just doesn't feel like cooperating
with a teacher? Be prepared for ADD and ADHD discussions along with
Ritlain reccomendations. Refuse to cooperate with a strong reccomendation?
Say hello to the social workers.
K-12: Ah, this is
when it gets serious. Schools have family unit studies where each child
gets to share what their family is like, beginning in kindergarten.
As they advance grade levels, standard tests include questions such
as, "Do you feel loved?", "Do your parents argue?",
"Do your parents hit you?", and "Are there guns in your
house?"
Is your child advanced?
Good luck getting his or her needs met. Most schools have cut back and
your child will be put in special ed with the handicapped or held back
by the class. Anything above mediocrity is a threat to our increasingly
socialist society. Teachers are on the lookout for anything unusual.
If your child is diagnosed as not "normal" by a teacher or
counselor, welcome social workers, special ed, and Ritlain discussions.
Fight it, and you are emotional and unfit.
Many a loving parent
decides to homeschool. Homeschooling is gaining momentum, however you
will still bump into the person at the grocery store or library who
wants to know why your child isn't in school. You'll have the occasional
neighbor who knows you homeschool and wants to know why your kids are
playing in the yard during the day rather than locked in your house
doing their school work. If your family is against homeschooling, as
mine was, be prepared to have social workers on your doorstep investigating
educational neglect.
What if your free,
happy, active child gets into something he or she is not supposed to?
Or maybe the two-year old has decided to be a nudist (how many don't?).
Hope a neighbor doesn't see it and call Social Services. If that something
they're not supposed to get into hurts them, the emergency room is a
place where both you and your child get to repeatedly tell how it happened.
Nurses, doctors, receptionists, intake workers, and other patients all
feel obligated to ask. If your child is shy, he or she must be afraid
to speak in front of you! You must be an abuser. Not sure if you have
tetanus shots up to date? You are neglectful.
Then come the unexpected
problems. If your child has a disability and you call Social Services
for programs to help, you are on their radar. You have admitted you
are unfit to deal with your child's disability, whether it's for financial
reasons or not. Say hello to your case worker. I hope she's not one
of the childless ones who resents you for having the ability to bear
children, or that you're not in a state that hasn't yet increased the
amount of children adopted out, thereby failing to earn a federal bonus
( http://www.os.hhs.gov/news/newsletter/weekly/archive/29sep02.htm
).
Divorce: it happens.
If you're a stay-at-home protective parent, be prepared to be painted
as emotionally unstable by your spouse's attorney. If you're a good
parent, you probably didn't want a divorce for frivolous reasons. If
abuse by your soon to be former spouse is involved, be prepared to be
accused of causing Parental Alienation Syndrome and losing your children,
or losing them for failing to protect them (this happens to both fathers
and mothers). Have a neighbor with a fetish for children? Call the police
to report it, and say howdy to the social worker because you failed
to protect your child from an abuser
Do I think good
parents therefore should not have children? Absolutely not. But I do
think all good parents should do their best to stay out of the state's
sights and be as prepared to deal with Social Services as you would
be for the financial burdens of parenthood. Our society is not ideal
for ideal parents. Do your research and prepare well. Knowledge is power.
May you never have to use it.
Originally
posted from 06-22-03 to 06-29-03
The Civil Cold War of the United States of America
by Jennifer Seago
A storm is in full
swing in the USA and has been for many decades now. The effects
of this storm are political correctness and pacifism. The unforeseen
consequences are liberalism and the loss of freedoms. The fuel of the
storm is the cataclysmic clash of socialism and capitalism.
Perhaps the first
sign of this Civil Cold War started with Woodrow Wilson. He greatly
expanded the role of the federal government in agricultural, educational
and road building departments, and Wilson quickly took full advantage
of the then recently passed Sixteenth Amendment of the Constitution
within the first few months of his presidency. With the infamous Underwood
act or "Tariff Reform", Americans first had their incomes
directly taxed for the sake of lowering tariffs. During his presidency,
he and the Congress grew several governmental departments that have
turned into behemoths, and they rule every single American's lives one
way or another. They fly viciously in the face of capitalism, taking
away from U.S. citizens the right to create new private entities by
installing a government monopoly on those industries of which it is
mandatory to participate in. One must wonder what American life would
be like now without the socialist leaning presidency of Woodrow Wilson
and his so-called "New Freedom".
Also, political
correctness has thrown Americans into a tailspin. We live in a world
where it is a near sin to call someone 'black' instead of 'African-American',
where we are to believe that the strangest among us are the most unfairly
victimized and martyred, and where mothers who drown their children
are not to be hung at the stake, but lauded as the great victim of society
that no one ever even tried to understand. It is an absolute hoax. In
a world where the majority of Americans are brow beaten into believing
that they are evil people for thinking the way that they do, is it no
wonder that pacifism is taking hold? If you beat and kick an animal,
does it not shake and shiver and come to believe that it cannot fight
back? How else can you tie an elephant to a flimsy stake in the ground?
Is it no wonder
that so many Americans accept bad behavior from others? Let's look
at the 'Rachel Green'/Jennifer Aniston effect. On "Friends",
she has the act down very well, and our young are learning it from her. She
has perfected the ability to ignore the uncouth and selfish. Yes, I
am talking about 'Ross'. In one episode in particular, Rachel has just
given birth to Ross' unwed child, and he comes in with a ring for her.
Is he going to propose to her? No. It is a "let's get together"
type ring. This would be an outrage for any normal woman in her prime!
Yet, she reacts by ignoring his bad behavior and then is put on a pedestal
for her utmost 'tolerance'. She accepts this ring and turns her eyes
slightly away, and by this action she accepts his ineptitude. This is
political correctness at its core, and it is highly ignorant.
Thus, with the ignorance
of bad behavior in this country, how are we to decide what the appropriate
punishment is for certain crimes and when will non-crimes be punishable
by law? Are we to accept the murdering mother but alienate the smoker?
Should we give gangsters a second chance, but throw away the key when
it comes to drunk drivers? Already, many women blame and sue the doctor
when their child is stillborn, but then encourage others to eliminate
the child that still lives in the womb. Compared to fifty years ago,
this country is completely topsy-turvy.
People who are so
pacifist and politically correct are quick to accept socialism. Those
that are 'tied to the stake' will easily accept government programs
that raise them from cradle to grave. Such liberalized people are easy
to control. It is easy to take guns from them, and they would simply
turn their eyes away even with such an affront to their liberties.
They would think nothing of a strange person in the White House who
would be obsessed with how they ate, drank, slept, looked and acted
in general. Such socialists in control over their lives would not strike
them as being slaveowners, and dictatorship would not be far behind.
Therefore, the capitalists
must be strong during these times. They must stand up and shout
for what is right and not allow their America to be torn asunder! Capitalism
made this country strong and made a huge leap over Britain by going
straight from monarchy to a free market society. In the end, the capitalists
will win this Civil Cold War because, though America may have strayed
from its path, the people will find their way back to their roots time
and time again. Those roots are in capitalism, and it's here to
stay.
References:
1. http://www.emayzine.com/lectures/Gilded~1.htm
2. http://library.thinkquest.org/12587/contents/personalities/wwilson/ww.html
Originally
posted from 05-11-03 to 05-18-03
Pelican People
R.A. Hawkins
I have come to the
conclusion that we are surrounded by a bunch of pelican people. What
I mean by that is.. well, the size of the mouth in relation to the brain
and the butt. Many pseudo conservatives are ranting about the assault
weapons ban and Bush supporting it. Give me a break folks. Aren't you
some of the same people who complained endlessly about the UN co-opting
our national sovereignty? About the UN taking away our guns and how
anti-American and anti-gun they are? Then when we finally did what should
have been done years ago in Iraq weren't you the same people that whined
because we didn't have legitimacy provided by the UN blessing our actions?
Grow up and quit listening to the liberal media!
This same group
of human pelicans is now ranting about how Bush is going to sell out
our rights to the liberals in Congress. I have noticed most of these
whiners don't even vote. Their primary contribution is noise and if
they do vote they are the type who will write in some unheard of individual
named "Phil at the store on the corner in Podunk because he really
knows this stuff." They are simply contrary and don't bother thinking
anything through adequately before reacting. I would like to first point
out that I don't mean to shut anybody up on this issue and I actually
expect people to continue to make a lot of noise about Bush signing
an extension of the assault weapons ban. But please don't sound so stupid
when you do it.
First let's examine
what Bush was really doing to the UN. Yes I said to the UN. He didn't
necessarily seek their approval. He delivered an ultimatum "Back
your words with deeds or get chucked onto the same scrap heap as the
League of Nations." They apparently chose the scrap heap and to
celebrate it, they had the no pay day in the UN cafeteria where everyone
looted the premises when the cafeteria workers went on strike. What
has occurred a lot lately is they have shown their true colors. There
they were doing in the cafeterias what they are supposed to be out preventing
in the world. That does help to explain the make up of some of their
silly councils doesn't it? Bush, as he went back each time, drew them
out a little further. They overreached a little more and became a little
more irrational after each visit. At the same time he managed to draw
our fake friends in Europe out into the open. They became more and more
vociferous and openly hostile towards us. Once we went into Iraq and
began the intelligence gathering, the Euro-trash (France, Russia and
Germany) was exposed for being the duplicitous scum they so often are.
Suddenly we all knew who our real friends were, and weren't. Chile has
found itself on the outs because of their stance on the war. We didn't
sign the new trade agreement with them. We did sign one with Singapore
which I'm certain didn't make China or North Korea too happy either.
Bush exposed our enemies but the pelican people didn't notice. They
just continue to display their anatomical anomalies as their matching
butts and beaks dither due to an overactive, yet under-sized, brain.
Bush said the assault
weapons ban was a good law. There really wasn't any elaboration on that
comment either. Did he mean it was a good law because it's going to
go away in 2004? One of the first things he did when he got into office
in Texas as the Governor was to pass a conceal-carry law. That really
sounds anti-gun to me. Many people like to cite that Bush's father passed
a law banning the importation of SKS rifles. I suspect the reason he
did that was because the Chinese were sending their cheapo guns over
here so they could upgrade their own arsenal. At the same time the Chinese
were quite aware of who was more likely to buy those rifles at thirty-nine
dollars a piece. The same people who are buying all of the communist
propaganda and can't hold a job, that's who. When Bush forty-one left
office I was actually able to buy about all the Ammo I wanted with no
questions asked. Prior to he and Reagan I had to fill out a form whenever
I bought ammunition. Now you can mail order it and that is something
that goes back to the Bush forty-one administration. The Clinton administration
was the one that tried to taxweapons and ammo into nonexistence. When
that didn't work they tried to legislate from the bench. During that
time a whole new generation was created which didn't trust the government
at all. Those types have failed to notice that Clinton is gone for now.
They have also forgotten that it is in the second term that things,
and I mean really big things, get done.
What I see and hear
now is a bunch of pelicans trying to control the GOP to make it bend
to their childish little time table of "I want it now or I'm taking
my toys and going home." Both the Anti-gun control crowd of, which
I'm a proud member, and the religious right suffer from this same childishness.
Rather than set their sites on a few obstacles in Congress who are obviously
against them, they set their sites on Bush who is trying to work around
said obstacles. With allies like that, Bush doesn't need any enemies.
Never mind the fact that Bush is trying to appoint judges that will
follow the Constitution instead of killing it. If we didn't have a bunch
of dummy judges legislating from the bench we wouldn't have such a mess
right now. Those corrupt judges are what the radical left has used to
undermine the Constitution.
In case nobody has
noticed there is quite a fight on the hill over that very subject. The
usual lefties are fighting every appointment. They should be run out
of office in the next election but I bet a lot of the pelicans will
be looking at Bush instead of the obstructionist radical left wingers
in Congress. Some pelicans are claiming their voters will not vote if
they don't get their way. The radical lefties will thank you for your
support by sitting it out. That is exactly what they want you to do.
That was why Feinstein and Schumer congratulated Bush on his stance.
They were giving him the same support that the gallows rope gives the
hanged. That is a Stalinist ploy by the way. Let it not be said we don't
have our own Jackson and Sharpton-like idiots on the right. We obviously
do. Honestly what do you think the likelihood is of Congress passing
an extension and putting it on Bush's desk? That is what he said he
would agree to by the way. If they put it on his desk to sign he will
sign it. He knows that won't happen so it is a safe comment to make.
All I have to say
to you pelican people out there is go ahead rant and rave all you want.
Like the pelican, it is a bit difficult to tell what part of your body
is running the show. Please try to pay attention to history. Don't snatch
defeat from the jaws of victory. You could also spend a little time
learning what the Hegelian Dialectic is. Once you learn what it really
means you might understand what Bush is actually doing a lot of the
time. Liberals and the media have been doing it to you for years. Spend
some time learning their tactics.
(The Hegelian Dialectic
is a concept wherein a concept is co-opted through consensus. Two opposites,
thesis and antithesis are merged and a synthesis occurs. Eventually
the co-opting principle wins out and the opposition is gone. A good
example is the media openly backing Bush on the war and then only showing
negative coverage. They give the appearance of supporting him because
that is safe. Eventually they convince enough people through lies and
omission that Bush was wrong in starting the war. They don't do it themselves.
They show only what is needed and the public begins to make that choice.
Pretty soon the ignorant create a groundswell of idiocy and the media
wins but they look surprised because they were, after all, supportive.
The reason the old media hates the new media is they have to work a
lot harder because we can get out on the internet and find the truth.
So sad!)
Comments
are always welcome. R.A. Hawkins is the author of "Through
Eyes of Shiva", available through Amazon.com.
Visit Entropical
Paradise - The Home of R.A. Hawkins for more commentaries and editorials
by R.A. Hawkins.
(c) 2003 R.A. Hawkins
Originally
posted from 03-16-03 to 03-30-03
FIJA (Part 3)
Gun Freedom Now!
b y Alexander Daubé
Most gun owners
are aware of the myriad gun-control laws which plague our nation and
violate our Constitution. We are frustrated that more of these asinine
laws continue to get passed every year. However, what most people don't
know is that we can protect each other from these laws using a simple,
traditional right that has been with us since our nation was founded.
Our Founding Fathers
understood that one of the main purposes of jury trials was to protect
people's rights from infringement by the government. To quote Thomas
Jefferson: "I consider trial by jury as the only anchor ever yet
imagined by man, by which a government can be held to the principles
of its constitution." That means it is a jury's duty to insure
that government doesn't overstep its constitutional limits and violate
the God-given rights of citizens. How? Jurors can "just say no"
to bad laws by refusing to convict people accused of violating them.
Lysander Spooner said, "It is also their [the jurors] right, and
their primary and paramount duty, to judge of the justice of the law,
and to hold all laws invalid, that are, in their opinion, unjust or
oppressive." That right is called "jury nullification"
or "jury veto-power" and it is foundational to our freedom
as Americans.
Today, however,
this right is being trampled by judges in most states in America. Judges
will tell jurors that they cannot use their consciences in determining
a verdict; that they can consider only the facts of the case and must
obey the law as he gives it to them. In short, they lie.
What can we do to
regain our rights? Two things.
First, we can join
together and work to change the judicial procedures at our state, county
and city levels. Concerned gun owners can mail prepared letters (or
write their own) to their representatives and legislators, and even
help hand out Fully Informed Jury Association (FIJA) literature at court
houses. Despotic judges HATE that.
Second, until we
are able to get the laws and procedures changed we can use the time
honored practice of peaceful civil disobedience. Let me explain.
We The People of
the United States created government to serve us and protect our rights.
When it fails to do so it is violating its covenant with us and then
it is our right--indeed our duty-- to step in and take action. If you
doubt this then simply read the Declaration Of Independence. When judges
remove people from juries who understand their rights as jurors, or
force jurors to take an oath to obey the law as the judge gives it to
them, those judges are acting as despots and tyrants. We need not obey
them.
Say whatever you
have to say to get on the jury. Since judges have no right to ask prospective
jurors most of the questions they ask, we are not under any moral obligation
to tell the truth. If you are asked if you own a gun, say no. If they
ask if you have any pro-gun bumper stickers on your car, you don't.
If you are worried about them checking on your car in the court house
parking lot, just park somewhere else. You don't belong to any gun clubs
and you're not an activist. Present yourself as a middle-of-the-road,
average American, who doesn't have any strong feelings about gun issues,
jury rights, the U.S. Constitution, or freedom. Like good American sheeple
you will, of course, agree to obey anything the judge tells you. Just
don't say "baah" during the questioning--that might give you
away.
Of course, anyone
who practices civil disobedience takes the risk of being found out,
and in this case it is possible, though unlikely, that after the trial
the judge could find out that you lied and bring charges against you.
Nobody ever said that fighting tyranny was safe or easy, but if we're
not willing to fight for our rights then we don't deserve them.
Once on the jury,
determine whether the defendant is guilty of a mere technical violation
of some asinine firearms law and is therefore innocent, or if he has
harmed someone without cause using a firearm and is therefore guilty.
If you think he's innocent you have two choices when you are sent to
deliberate in the jury room.
If you're brave
you might want to try to convince your fellow jurors to find the defendant
innocent. This may entail educating them about jury rights, the U.S.
Constitution, the Second Amendment, etc. However, using this method
you run the risk of a jury member telling the judge and getting you
cited for contempt of court for not "obeying" the judge's
instructions. Welcome to police-state America.
If you're not that
brave then you can simply refuse to convict. However, since power hungry,
judicial despots recently made "failure to deliberate" a reason
to remove an obstinate juror from the jury, you need to do this properly.
You can tell the other jurors that you're not convinced by the evidence;
that you don't believe the testimony of the cops or the witnesses (you
got the impression that they weren't telling the whole truth, that they
were holding something back or lying); that you don't believe the defendant's
confession. You have the right to disbelieve any and all testimony.
As long as you give any of these reasons for voting "not guilty",
you cannot be removed from the jury. Neither the jurors nor the judge
can force you to explain any more than this. Even if all the other jurors
want to vote guilty, your vote will "hang" the jury and the
defendant cannot be convicted.
Jury nullification
is our last peaceful line of defense against government tyranny, and
it has never been needed more than today. It's high time that We The
People "reminded" our government that we don't exist to serve
it--we created it to serve us! Freedom isn't free--and it isn't guaranteed
to last.
Please also join
the Fully Informed Jury Association (FIJA) to help fight for jury rights
nation wide. Call them at 1-800-TEL-JURY and visit their Web
site. If you live in the Colorado Springs/Denver area, feel free
to call me at (719) 473-4241 (or write: address is on FIJA Web site)
to help with our fight for freedom locally.
BIOGRAPHICAL
INFO: Alexander
Daubé is an area coordinator for the Fully
Informed Jury Association. Alexander lives in Colorado Springs,
Colorado, with his wife, Julie, who is author of the apocalyptic, pro-freedom
novel, "The Shadows of Babylon" (click
here for more). Alexander's passion is to restore justice to the
courts. His articles have appeared in the Colorado Springs Gazette,
The Free Press, and The Price of Liberty.
Originally
posted from 03-09-03 to 03-16-03
FIJA (Part 2)
Juries Have the Power to Rein in Government
by Alexander Daube
America is at war.
Our nation is locked in a war for ideas that will end with either a
return to true freedom and limited government, or rule by despots. While
most Americans have their heads in the sand, our government is progressively
reducing our rights to mere privileges and our constitutional guarantees
to confetti, with no end in sight.
One crucial battlefront
is our right to a fair trial by jury, as guaranteed by the Sixth Amendment.
Our Founding Fathers knew that one of the main purposes of jury trials
was to protect people's rights from infringement by the government.
To quote Thomas Jefferson: "I consider trial by jury as the only
anchor ever yet imagined by man, by which a government can be held to
the principles of its constitution." That means it is a jury's
duty to hold government power in check and insure that it doesn't overstep
its constitutional limits and violate the God-given rights of citizens.
How? Jurors can "just say no" to bad laws by refusing to convict
people accused of violating them. Lysander Spooner said, "It is
also their [the jurors'] right, and their primary and paramount duty,
to judge of the justice of the law, and to hold all laws invalid, that
are, in their opinion, unjust or oppressive." That power is called
jury nullification or jury veto-power and it is foundational to our
freedom as Americans. That hasn't changed.
What has changed
is that today, self-serving, power-hungry politicians and judges no
longer want us to have that right. To that end they have twisted and
corrupted the jury system to the point where justice can be manipulated
and juries are reduced to a pathetic group of "yes men" (and
"yes women"--don't feel left out) who will, like good little
puppets, obey the judge and not let trivial matters like a defendant's
Constitutional Rights stand in the way of a conviction. The process
of voir dire (jury selection) is now routinely used to remove any jurors
who would dare to question the law or use their consciences in determining
a verdict. This, quite simply, is an act of tyranny against the American
people. When a judge makes jurors swear to uphold the law as he gives
it to them, that is an usurpation of power--an act of tyranny! When
a judge tells jurors what they can or cannot discuss in the jury room,
that is an usurpation of power--an act of tyranny! When a judge refuses
to allow a defendant or his counsel to argue the law, its interpretation
and its validity to the jury, that also is an act of tyranny! When a
judge refuses to allow the accused to present important evidence or
expert testimony for his defence, that, too, is an act of tyranny!
Incredibly, these
crimes against American citizens are committed routinely by judges all
across America. The case of Channing Wilson of Durango, Colorado, who
was railroaded into a conviction by a corrupt judge named James M. Robb,
comes to mind. Without even looking at the evidence, Judge Robb refused
to allow Mr. Wilson to present any of the twenty-six exhibits he had
prepared--including a copy of the U.S. Constitution--and refused to
allow either of the two expert witnesses, who had been flown in from
out-of-state, to testify! In other words, Mr. Wilson was not allowed
to defend himself! It is very unlikely that Judge Robb, who has since
retired to Grand Junction, will ever be held accountable for these crimes
because the judicial system has become so utterly corrupt. Meanwhile,
Mr. Wilson languishes in a federal prison in Longmont.
Things are no better
here in El Paso County, Colorado. This writer mailed information about
jury nullification to judges Thomas Kennedy, Larry Schwartz, Stephen
Sletta, Geoffrey DeWolfe, Caroline Benham, Rebecca Bromley, Barney Iuppa,
Lawrence Martin and James Patterson, asking them to call or write to
discuss this important matter. Not one of them even bothered to respond.
What We The People
have to understand is that we can't count on judges and other government
officials to protect our rights. Attacks on property rights, parental
rights, gun rights, privacy, even free speech and freedom of the press,
are escalating. Jury nullification--our last peaceful line of defense
against government tyranny--has never been needed more. It's high time
that We The People "reminded" our government that we don't
exist to serve it--we created it to serve us! Let's begin by reclaiming
our lost jury rights. Freedom isn't free--and it isn't guaranteed to
last.
Learn more by calling
the Fully Informed Jury Association (FIJA) at 1-800-TEL-JURY or visiting
our Web site www.FIJA.org. Please also call this writer at (719) 473-4241
(or write: address is on FIJA Web site) to help with our fight for freedom
locally.
BIOGRAPHICAL
INFO: Alexander
Daube is an area coordinator for the Fully
Informed Jury Association. Alexander lives in Colorado Springs,
Colorado, with his wife, Julie, who is author of the apocalyptic, pro-freedom
novel, "The Shadows of Babylon" (click
here for more). Alexander's passion is to restore justice to the
courts. His articles have appeared in the Colorado Springs Gazette,
The Free Press, and The Price of Liberty.
Originally
posted from 02-23-03 to 03-02-03
FIJA (Part 1)
Nullification
Returns Power to Juries--Where It Belongs
by Alexander Daube
We Americans, sadly,
live in a day of ever increasing government control over our lives.
Many people are frustrated and fed-up with their ever shrinking sphere
of freedom and are looking for ways to protect themselves from government
abuse.
Look no further.
The answer lies in a relatively obscure subject known as 'jury nullification'
or 'jury veto-power'.
Jury nullification
is the power and right of jurors to find the verdict according to their
consciences and to judge the law as well as the facts in all criminal
trials. Jurors have had this power to nullify bad law since our nation
was founded and it used to be standard practice for judges to inform
them of this. This practice was stopped in the 1890's and from that
time on, ignorance regarding jury rights has been spreading. This ignorance
has allowed judges to exercise near-absolute power in the courtroom.
In defiance of
history and justice, most judges today tell jurors that they cannot
judge the law or use their consciences--they can only judge facts. This
is a tyrannical usurpation of power by the government. The ability of
juries to act as a check on unreasonable government powers and laws
is foundational to our free society. Here's some history:
Back in Colonial
days there was a law which said that the Church of England was the only
legal church. A Quaker preacher named William Penn ignored the law and
preached a Quaker sermon. He was arrested. The jury, in defiance of
an unjust law and the judges' instructions, found him not guilty. The
judge was furious so he fined the jury and threw them in jail. Finally,
England's highest court had them released--acknowledging and establishing
that trial jurors could not be punished for their verdicts. This effectively
established freedom of religion in the colonies.
Another case involved
a journalist named John Peter Zenger. He broke the law by printing an
article accusing the Royal Colonial Governor of New York of corruption.
He was arrested and tried for sedition. In defiance of the judge's orders
and the law, the jury refused to convict Mr. Zenger. Thus, freedom of
the press was established.
It was because jurors
voted their consciences--in defiance of bad laws and judges' instructions--that
today we enjoy freedom of religion, freedom of the press, right to assembly,
etc. The power of the jury to judge the law was well established by
our founding fathers and other important people in the early days of
our country. Consider these examples:
"I consider
trial by jury as the only anchor ever yet imagined by man, by which
a government can be held to the principles of its constitution."
--Thomas Jefferson
"Jurors should acquit even against the judges' instruction...if
exercising their judgment with discretion and honesty they have a clear
conviction that the charge of the court is wrong."
--Alexander Hamilton
"The jury has
a right to judge both the law as well as the fact in controversy."
--John Jay, first Chief Justice of the U.S. Supreme Court
"It is not
only his [the juror's] right, but his duty...to find the verdict according
to his own best understanding, judgment, and conscience, though in direct
opposition to the direction of the court."
--John Adams, second U.S. President
There are many more
such quotes but I believe these are sufficient to prove the point. Jurors
have the absolute, unquestionable right to judge the law as well as
the facts and to vote according to their consciences. Even in this century
there is a good example of jurors exercising this right.
Remember prohibition?
The law made alcohol illegal but so many people disagreed with the law
that there was usually at least one pro-alcohol person on any jury which
tried people for alcohol-related offenses. Thus, offenders were rarely
convicted. Even with the anti-alcohol law on the books it became impossible
for the government to enforce it. Through the power of juries, the people
spoke and that unpopular law was eventually repealed.
Today unfortunately,
in an arrogant defiance of justice, judges routinely remove anyone from
the jury who disagrees with the law or might want to vote according
to conscience. This is a horrible usurpation of power by judges and
needs to be stopped.
Some states have
adopted constitutional amendments or have enacted laws protecting jurors'
rights to vote according to their consciences. Unfortunately, Colorado
is not one of them. In the Denver area a juror named Laura Kriho was
recently arrested by the judge for voting according to her conscience.
Our court system has degenerated back to the point where William Penn
found himself so many years ago. We've come full circle. Government
abuse and oppression is actually worse now than when King George III
was our ruler, and the tyranny is growing.
Make no mistake--as
our government continues to degenerate into despotism it will eventually
become illegal to write articles like this one. It will be considered
sedition, and even having a copy will get you thrown in jail as an enemy
of the state. Every concerned American needs to become involved in restoring
our freedom now--while there is still time.
For a free Jury
Power Information Kit call the Fully Informed Jury Association at 1-800-TEL-JURY
or visit our Web site at www.FIJA.org.
Feel free to call this writer at (719) 473-4241 to help with our fight
for freedom in the Colorado Springs/Denver area.
BIOGRAPHICAL
INFO: Alexander
Daube is an area coordinator for the Fully
Informed Jury Association. Alexander lives in Colorado Springs,
Colorado, with his wife, Julie, who is author of the apocalyptic, pro-freedom
novel, "The Shadows of Babylon" (click
here for more). Alexander's passion is to restore justice to the
courts. His articles have appeared in the Colorado Springs Gazette,
The Free Press, and The Price of Liberty.