Tuesday, September 2, 2008

Government rules by the consent of the governed. When that consent is removed, the only power it has is that of an arm severed from the body. Segregation is not the answer. It never has been. The Bible may say 'if thine eye offends thee, pluck it out', but this as well is not conducive to the story of the good Samaritan, nor of the stories of the Prodigal Son.

Severing part of the society only serves to continue the hurt to society. That severance was designed to be for a time, judged, with the sole power of a jury, to be commensurate with the hurt originally done to that society.

At that point, no man could add to it, nor remove from it. No judge, no magistrate, no sherriff could try the man again for the same crime.

What we have devolved to, however, is a world where 'punishment' is the norm, and evolving punishment has been decided to be 'all right'. It is no different than the bully on the playground, being larger than the other kids, deciding to 'punish' someone, and the punished complying with the demands... then the bully deciding it's insufficient punishment and humiliation, and demanding more.

Any time that the legislature can decide that something needs further restrictions, and punishments, on any registry, and can change the rules of the registry, without notification, warning, or any choice in the matter or judicial review... they have devolved into something quite different than a government.

They have devolved into petty tyrants seeking power at any cost... and now the cost is that of our bodies, our hearts, our minds, our families, our very society and freedoms.

It is one thing for a jury, with full view of the facts presented, both for and against a case to judge for punishment, it is quite another to by writ do so, without review of crime, mitigating factors, and aggrivating factors.

This is the nature of the prohibition against ex-post-facto legislation, and further, the wider prohibition against attainder. Attainder, or legislative taint, is not simply an archaic rule that nobody needs anymore. It is nothing less than the legislature deciding that the judicial punishment was insufficient, and thus further restrictions must be emplaced.

For it to continue, we must remain silent however.. we must not be able to leave, must not be able to travel, must not be able to speak out against it, and must remain cowed and subservient, grovelling at the feet of the legislators who are using our bodies to pave the road to Hell with their 'Good Intentions'.

My apologies for the vitriol, but there is no room in any democratic republic for the rule of law to apply more strongly to any person than any other. There is no provision to legislate to a targeted class, of any kind, for such was absolutely prohibited in the original agreement.

"Congress can pass no law that does not equally bind itself and its friends, and the whole of society." Federalist papers. Read them. Understand them. Look back in time at what you've had stolen from you.

We have equal protection under the law, under the Fourteenth Amendment. Under the thirteenth, no man can have ownership or possession over another man, nor exert control over the other, by threats of force, fine, or imprisonment, save by the due process of the jury, commitant with the right and duty to try both the facts of the case, and the rule of law itself.

Thus has it been since Bushell and Throckmorton, reinforced by Zenger, which was in the minds, and on the tongues of the Founding Fathers. Likewise, the remembrance of Valley Forge, and the actions of the British in siezing lands by attainder, and execution by attainder, was remembered, and the role of the jury in enforcing the rights of the people via that juristic nullification was well-thought-out.

Is it any wonder that they seek to control the jury again? That by writ the judge can hold an innocent verdict to be inadequate, and try the jurists for contempt of court for finding a man innocent against such a judge's opinions? This was the very heart of the Zenger and Throckmorton trials, and that of Bushell.

Have we backslid so far as to be amongst Cromwell, or even King John, prior to the Magna Carta?

Have we forgotten our duties to that society, and that government, in the search for release from personal responsibility?

For that is what ultimately must be enforced.. personal responsibility for one's own actions, enforced from within. This is recovery. This is redemption. It is not enough to forsake an act. It is more imperative to change one's own self so the act is no longer possible. It is understanding, compassion, and respect for the rights, duties and privileges of others.

When these fail, then it is the role of the courts to enforce the rights of the society, versus the offender, and the separation is made. The separation is the punishment. It is not for punishment, for what society could not admit the hurt to society by severing part of itself?

And is not part of the curing of that hurt, on the end of the sentence, the reintegration of that severed part, the reestablishment of health and circulation within society?

There is argument made that because sexual offenses are against a child, and the child will 'never recover', that it is just and good to continue punishment and revilement against an offender forever. Cannot, however, this argument be made for anything? If we assume the topic of this argument, how much more culpable is a drunk driver who has struck another car? The lives cannot be restored. How much more culpable an engineer whose design failed, causing death or disfigurement? How much is eternal culpability worth?

In the same vein, how culpable are the very legislators for the legislation they propose? If it saves one child, they cry, is it not worth it? Meanwhile, economic policies poison our waters, darken our lands. They make food, medicine, and education itself out of reach for many of those same children they claim to save. It creates more and more a burden of debt upon each child before even they can have a legal choice about the decisions made in their behalf. The fuel prices rise, food becomes more and more adulterated with materials that may not be safe, their vehicles last less time, their homes made out of cheaper and weaker materials. The forests dwindle due to lack of stewardship, the borders become less and less secure... yet still they sit and linger upon what they can do to registered offenders.

What scapegoat is better after all? Who will speak for them? Who will reach out and risk their own security for those so reviled? And if they can attract the attention upon these scapegoats, cannot they continue their failed policies?

The federal reserve has failed. The loans that held up the economy since the 1930s have failed. The debt is more and more being called due, and our dollars buy less and less than they used to. How many persons will starve? How many will die in the coming depression? How many children will be lost, alone, or dying in a hovel then?

And even so, they call for restricting the rights of those very children, in order to 'protect' them. Meanwhile our police violate those in their care. The judges and magistrates show patterns of abuse and neglect. Our schools teach things only in passing and do not teach critical thought or investigative skills, or even the logic behind mathematics and chemistry.

And people are still caught up on 'offenders' as the government pounds down further debt upon them, fights wars overseas that cannot be 'won' and have no end point. Our votes count less and less as private interests take over their counting and collating, and renenge upon their promises of security in the vote.

You want a crime against children that will affect them all their lives.. look at the lawmakers. Look at the lawyers. Look at all of those who would sign away their rights due to false statistics, and fearmongering. Look at those in power who seek to distract you. And look deep, look closely into what you ask for.

If you ask for protection and guidance... the Government is perfectly willing to give it to you. They'll bind and shackle upon you chains and rivet them to the wall. And they're perfectly willing to whip you into the direction they want you to go, for once you've given up the ability to make your own choices to that 'benevolent' government... how can you guarantee the hand with the whip will remain benevolent?

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