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Showing posts with label unconstitutional. Show all posts
Showing posts with label unconstitutional. Show all posts

Saturday, February 11, 2012

9th Circuit Doomed to Fail Over Prop 8 Debacle

9th Circuit Doomed to Fail Over Prop 8 Debacle

Legal Issue: marriage is not an unalienable right, as proscribed by the declaration of independence and afterwards the constitution. You don't have an unalienable right to get married. An unalienable right is something you are born with. An unalienable  right is not imposed on anyone else. You cannot force a woman to marry you. And, even if you tried, the first judge she came across, with half a brain, would nullify the marriage and make you pay for having to listen to your shenanigans.

Prop 8
The problem with the entire issue surrounding prop 8 is that secular society has adopted a religious ceremony, i.e. marriage, and the lines become more and more blurred.  However, the government cannot force secular people to call their union something different, no more than they can force ministers to perform wedding ceremonies for satanists. [ wouldn't that be something eh? the bride all dressed in black and the groom in red ... oh, anyway ]

So the super duper Liberal 9th circuit striking down prop 8 on the grounds of it being an unalienable constitutional right is completely preposterous. It's like saying eating bologna is an unalienable  right. [ and oscar myer doesn't taste anywhere near as good as it did when I was a kid ] Besides, the supreme court already ruled in favor of a prop 8 type of law before, well not exactly ruled in favor of it, but dismissed the lawsuit against it. [ at that level, you pay attention to dismissals as well ] [ 9th circuit is in for a world of hurt ]

By the way unalienable  is NOT the same as Inalienable. We're talking legal English here, not school yard English. Go look up the difference.

Mark my words - 9th circuit [makes cutting motion to throat]


We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.


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Friday, December 10, 2010

DUI Tests: The Case is Against You

Unconstitutional Per Se


M.A.D.D. and W.P.L. (Womyn's Prohibition League)
MADD (Mothers Against Drunk Driving) struck a tremendous blow to the constitutional and the rights of every citizen of the united states when they got 48 states in the union to immediately pass an illegal per se law in DUI cases.  An illegal per se law makes it illegal in and of itself to drive with an alcohol concentration measured at or above the established legal level. Forty-eight states and the District of Columbia have established a per se law.  The legal limit in most states is .08 blood alcohol concentration (BAC) per se. That means it is against the law to drive a motor vehicle if you have a BAC of .08 or more, without having to prove intoxication. So on its face the illegal per se laws are saying that once the prosecution presents evidence that you had a BAC of 0.08, you are presumed guilty and a judge is then instructed at that point to tell the jury to declare you guilty, and you have to prove your innocence.  The prosecution literally does not have to have a case.

Tuesday, January 12, 2010

Do Police Use DUI to Intimidate People They Don't Like

U.S. Attorney DUI Charges Dropped



Gerard Sullivan right courtesy of Projo.com Mary MurphyWe hear it all the time. "We need to crack down on drunk drivers." If you have half a brain and / or have read my blog for any length of time, you will see, and I show you, that the numbers for drunk driving are very low. So where is this vehemence, against drunk driving, coming from?





  1. it's coming from police departments who want to rake in the dough for drunk driving
  2. it's coming from victims of drunk driving who are then further victimized by special interest groups

Let's look at these two groups.



In Las Vegas, it was let out that the new quota for police departments is 13 tickets per hour. QUOTA?!?!?!?! Are the judges asleep at the helm? This isn't legal? It has no part of "legal" written on it. Any time you can place a number on the amount of tickets you expect to get, you are no longer playing peace officer, you are playing burglar. Surely there is nothing constitutional, national nor state, about a policeman meeting a quota of tickets and arrests.

Now, let's add this fervor of "cracking down on DUI." There is no DUI to crack down on. The top accident cause, is "driver inattentiveness." This includes: cell phones; noisy kids; turning the radio; reading while driving. In fact DUI doesn't even make the top 10 causes of accidents. More pedestrians and drivers have died from the use of cell phones in the short years that cell phones have existed, than all of the DUI deaths combined. More pedestrians and drives have died from noisy kids than all of the DUI deaths combined. Yet there is no call to crack down on kids nor make cell phones illegal.

Clearly driver inattentiveness is the number one cause. But, in all of the cases, the skill of the driver is at the root of the cause. Over half of the drivers on the road today, are insecure about their own driving. Some refuse to drive under certain conditions: darkness; rain; snow; wind.

Second: special interest groups. What do they stand to gain? Special interest groups are merely an excuse for the government to ask for and receive more tax dollars, all in the guise of cracking down on DUI. The special interest groups think they are using the government, when it is they themselves that are being used. Because, they end up paying more taxes just like you and I. Also, special interest groups victimize the victims. They grab DUI victims and use and abuse them to their own ends. They have no interest in the victims, no more so than what those victims can do to further their own agenda.

Let's see if the police harass people with DUI. Clearly, any average person knows that the police departments, nearly universally nationwide, can charge any citizen with any charge they like.

Let me repeat that: cops can charge you with anything, and they do it often.

Rhode Island - Federal Prosecutor Gerard Sullivan was pulled over and refused to give a breathalyzer. It seems the police were not too friendly to him and charged him with DUI anyway. He was quoted as informing them that he was an Assistant U.S. Attorney many times.

Due to these Nazi laws, however, refusing the test, which is your constitutional right, he lost his license for 7 years anyway. I highly recommend you research your own state and find out if you have these same draconian type of laws on the books.

The chief of the police department ordered and internal investigation. It seems Sullivan was a personal friend of the chief, which Sullivan also mentioned to the on the scene cops.

What can we learn from this case?

  1. you have to have balls to stand up for your constitutional rights. And that right is a right to privacy. Your right to privacy includes not yielding to the police your breath nor your blood, to prosecute yourself with. This is handed down by the supreme court, over and over. Yet people give up the right daily. However, to get around this, states then say they can refuse your right to drive and suspend your license if you avail yourself of your own constitutional right to privacy. So the state is trying to force you to give up your right. But, before you get ahead of yourself sparky, think about this hypothetical: you decide to go ahead and take a breathalyzer test and not lose your license temporarily; the test comes back positive, which isn't a very scientific test to begin with, and you get sent to actual prison based on the degree of the breathalyzer. You just gave up your life for your stupid right to drive. So you were so short sighted to think you couldn't live without driving, to the point your couldn't see that you were giving up your freedom altogether.
  2. police will come after those they do not like. On my website there is case after case, where a judge, prosecutor, defense lawyer, celebrity were harassed and got trumped up charges against them, based on no evidence, nor even laws. In some cases the state supreme court ruled the exact opposite, meaning that "in no circumstance should a person be arrested for this." In plain English then, the police arrest someone for something their own state supreme court forbid them to.
  3. here's the kicker, 7 other people were arrested the same day Sullivan was arrested and also refused to take a breathalyzer test. They too were dismissed. Apparently they got the memo that you have a right to privacy.
  4. some states will say you have a right to refuse a breathalyzer test on the curb side, but you cannot refuse a blood test if you are arrested, inside the jail.

Gerard Sullivan DUI Charges Dropped Conclusion



Until we completely clean out the police departments we are not going to get rid fo the very bad seed that is sprouting in them across the nation. Until we remove the temptation to the state and local government to generate tax money through police writing tickets, we are not going to be rid of draconian laws designed to generate tax money. Until we get everyone informed of their constitutional rights, people will be giving them away constantly and thus taken advantage of by the state. Until people understand that there is no circumstance where it is ok to give up your constitutional right, will be done with states making laws to penalize people from exercising their rights.

Remember that police quite often and frequently: beat; tear gas; arrest and harass peaceful protesters. Police use tear gas on civil protesters. That is against the Geneva Concords, specifically named as chemical warfare. Yet, nearly no one stand up for their right to free speech against this chemical warfare use. Everyone knows this country is founded on a freedom of speech. If the free speakers are being beaten and arrested, what makes a driver think it's OK to give up their right to privacy only to be arrested anyway? People do not think.

Remember, the Patriot Act has not been removed by Obama either. He has not only kept it in place, but has expanded it. It most definitely removes your freedoms from you, and without due process of law.

Finally, about the Sullivan case, the police act as if they did not know Gerard Sullivan. Sullivan had prosecuted some of the most high profile cases in the state for 24 years. At one point he received death threats in a Latino gang trial and required a police bodyguard. It is an impossibility that the arresting officers did not know who he was. Sullivan's career as a U.S. Attorney is placed in jeopardy due to this arrest. The arresting officers would know this too. The media got involved because the police claimed Sullivan said he was a U.S. Attorney AFTER he was handcuffed and in the back of the squad car. Whether he said this or not, clearly telling the press this was a calculated move by the police department. Clearly, if he was already inside the squad car, and handcuffed, it is immaterial what he said then. It is too late. Releasing the information then, is just a ploy to incite the press and bring pressure on the U.S. Attorney's offices. Which is exactly the effect that it had. Shameful, police department.

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