Last week: After alluded to the US Constitution and its guarantees of certain rights and freedoms the issue was admittedly muddied by introduction of Statutes and Rules. ... now, most people are confused by law; not how it was in the past but how it is now ... not original intent ... is the apparent intent of today's lawmakers ... (giving legislature the benefit of the doubt), ... is true of the administrations now. Finally ... the majority of the people are oblivious to the facts ... a few may know things are not right, but are blind to what and why. The solution is a complete mystery to them.
The problem in many cases is Complacency, but that's not the whole story either. Another large part of the problem is illiteracy. Still another large part of the problem, certainly for the poor, but for many members of the low to middle income classes is simple: Can you spell, M O N E Y? (Actually the problem isn't money, it's the lack thereof. Another problem that cuts completely through the fabric of our society at every level is simple Ignorance. This countries founding fathers and nearly all of the citizens of their day would be aghast, (roll in their graves), if they were to discover how ill informed today's citizens are. Even the poorest, most illiterate ones would be absolutely dumbfounded by the near total ignorance of this countries population current population in matters of government activities, the workings of the judicial system, the relationship, role and power of the jury in the courtroom. Our forefathers would most certainly weep in the streets when they learned the fact that almost none, probably less than .01% of today's population which knows they have personal responsibility as citizens of a democracy to actively participate in government, do so. Almost none of those small number who do, know the full extent to which they should.
Knowing the above, is there any wonder our legislative representatives seem to be out of control. They are. Once elected they have no guidance from their constituency. Who among us has written their representative in Congress and the Legislature lately? Is there anyone in this community who has taken the time to occupy a gallery seat while the Senate is in session? Who among the readers can tell me who the chair is supposed to recognize first: Is it, a) a member who wants the floor; or, b) a constituent present in the gallery who also stands to be recognized?
Is there anyone in the readership who can explain the judicial process? What requirements must be met before a Search Warrant may be issued? During execution, what kinds of things may be seized, and what kinds of things may not? What happens to property so seized? In the courtroom, who may address the court? What is the Bar, and what is it's purpose? What are the only issues which may be addressed at an arraignment? When a person is subject to two conflicting court orders to appear at the same time, what is the order of precedence by which the conflict is to be resolved?
In the trial of a capitol offense, whom does the burden of proof lay with; a) the prosecution; or b) the defense? In a civil action for recovery of damage, answer the same questions.
What are powers and rights does a jury have? What must the members of a Jury represent? What is the standard against which the previous questions subject are measured; a) the court officers; or, b) the defendants social station in life? In a conflict of opinion, regardless the substance, which opinion carries more weight; a) the Courts; or, b) the Juries.?
If you find yourself unable to answer any of the above questions you have failed your responsibility as a citizen because these are things every member of our democracy are expected, assumed, to know. Since none of the issues raised in the questions deal with the pleading a case, or questions of activity specific statutory requirements but are in fact the most basic of the what constitutes Due Process, it is every citizens responsibility to keep themselves informed thereon.
Curious? Want to know more? If so, Congratulations are in order. You have taken step number two.
Next Week: The Personal Fix.