Bill of Rights Full Text Revisited

By Robert L. Gisel



 One would expect at least our US Congressmen, hence candidates for Congress, to have a good working knowledge of the Constitution and the First Amendment. All other Federal law ensues from these.

This week a debate between campaigning politicians turned to the coverage of Bill of Rights, particularly the First Amendment. Candidate Christine O'Donnell challenges, "Where in the Constitution is the separation of church and state?" Her opponent, Chris Coons, an American lawyer and County Executive of the New Castle County, Wilmington, Delaware, asserts it is in the First Amendment with a paraphrased quote of it's first line.

 Two points are well made: first, O'Donnell's stating that that specific phrase is not written there but is out of a commentary reference on the expectancy of the separation of these By Thomas Jefferson, and second, when questioned by O'Donnell as to the five freedoms in the First Amendment Coons was only able to name one, religion. That is a pass for O'Donnell


 It is not simply politicians, who must be by office and duty committed to the Bill of Rights, but all US citizens need to know the content for their own protection as well as mediation of behavior towards others.

 The Bill of Rights are the first ten amendments to the US Constitution.

The Bill of Rights

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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Equal Justice for All

by Robert L. Gisel


 The Equal Justice for All aspect of Human Rights falls a cropper when one doesn't know what one's rights are in any given situation but also when one doesn't have easy access to the legal system. This is even included in the UN Universal Declaration of Human Rights as Articles 6 through 11* all address protections and access to legal jurisprudence. So what's the problem?

 Problems arise when one is unable to be individually represented.

 This comes about in the main when one does not have access to his own attorney as it is simply unaffordable. To the very wealthy in North America, about 10% of the populace, affordability is no issue. On the other end of the spectrum is Public Assistance available to only about 10% of the populace, albeit possibly pot-luck service. In between is the 80% who very possibly can't afford the high cost of representation, who would have to think of the pocketbook before calling an attorney. This is especially so where one is anticipating civil action, mounting court costs and trial procedures in the US, the most litigious society on earth.

 It is not simply a dispensable luxury item to have and use an attorney. It is an essential aspect in the flow of production and day to day living. Factually, organization of one's personal life is not complete without one's Legal Department in with a freely accessible legal liaison.

 Random circumstances arise as various as are people. The bad economy can predicate desperate and ill advised solutions that can spill over into one's life. A mistaken identity or one willfully stolen by the rampant identity theft criminals can be disastrous when it strikes home.

 Just as one doesn't predict having to go to the doctor for an emergency or to a dentist for a tooth gone wild one doesn't have prediction of life situations needing professional legal assistance. A lot more security comes from having a top-notch firm you can call at any time, one you trust rather than one picked by survey of the yellow pages.

 This was never real to me until access was attained easily and affordably through Prepaid Legal. It's so amazingly economical it is at first seemingly unbelievable. You don't know what you have been missing until you start really using an attorney for any legal questions you have, large or small. One should apprise oneself of the many and varied times when his can save oneself undue travail and unnecessary costs.

 Surprisingly, there is only one company that provides this access and this is the NYSE company Prepaid Legal, Inc. Unlimited calls on any legal matters, scores of hours of court time, letters and document reviews and attorneys on call 24/7 are among the benefits provided. Anything not covered, e.g., a DUI, is provided at a 25% reduction in costs. Offered for the price of a daily cup of coffee.

 The service is available here through this website http://prepaidlegal.com/hub/robertgisel for anyone would take advantage of this opportunity. It would certainly further the cause of Equal Justice for All if you would.






* Articles 6 through 11 of the UN Universal Declaration of Human Rights in full:


Article 6. Everyone has the right to recognition everywhere as a person before the law.

Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9. No one shall be subjected to arbitrary arrest, detention or exile.

Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

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What to do With Gitmo

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On Day One - Message to the New President

by Robert L. Gisel


Dear President-Elect Obama,

Very well done on your excellent campaign win. Being President is not an easy job in any times but you have inherited some very tough crisis situations.

From the top down is the world scene and the tarnished reputation of the US on the global front. While it is important to protect our sovereignty and security we cannot go it alone. Our Nation will make the best progress by supporting the UN and thus partnering in the support of all mankind.

It was this view that in the end resolved some of our land's greatest trials, for instance the Civil Rights Movement ending the huge injustice of segregation.

I urge you to help strengthen the effectiveness of the UN and do so in the name of the UN Universal Declaration Of Human Rights. Human rights violations do not beget responses that violate human rights. Unilateral actions in the international arena has soured attitudes of too many peoples and scorched our reputation as a country of freedom and rights. The mere fact of your election alone has set this on the mend.

The UN does have purpose and structure that can monitor, adjudicate and police man's inhumanities to man, if given due importance and support. Setbacks to security, hunger and climate effect us all.

The UN Universal Declaration of Human Rights is quite sweeping in its scope and ability to heal.

I humbly beseech you to embrace fully a view of furtherance of mankind of all creeds and walks and all other actions will align, as purpose transcends policy.


Vote for the top priority actions of the new President at On Day One.

Music Moves Mankind

by Robert L. Gisel


Music communicates well for Human Rights. Here is Bob Marley's video at the UN. The point is that in challenging man's inhumanity to man the first necessity is the recognition of humanity as as a brotherhood of individuals whatever the face. This video of Stand By Me taken around the world expresses this very well.

In so very many ways this message is alive on Earth as we enter the tradition of the holidays that promote peace on earth and goodwill towards men. Music is so clearly a freedom of expression that it has the capability of tremendous uplift. One of music's great was quoted as saying:

"Sometimes you've got to let everything go - purge yourself. If you are unhappy with anything - whatever is bringing you down, get rid of it. Because you'll find that when you're free, your true creativity, your true self comes out."
Tina Turner -- Entertainer

All comes full circle when one embraces the Universal Human Rights, recognizing these as one's own and extending these measures to all, as trust, tolerance and goodwill outs in the embodiment of rights for mankind. Isn't this the essence of the "peace on earth and goodwill towards men" of the Holidays upon us?


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Palin for VP

by Robert L. Gisel


Governor Palin of Alaska has taken the spotlight as the new kid in town Vice Presidential running mate for John McCain. There is a ton of press on it today but this article summarizes it well, linked below followed by the comment I posted.

http://www.juneauempire.com/stories/082908/sta_325107976.shtml#mdw-comments

This was a clever move by McCain as without this his campaign was destined for the low road. With Palin's reputation this definitely stirs the pot.

The issues aren't the issue, Paris Hilton's politics notwithstanding, as much as is the idea that someone with some moxy could gain position in the White House that would put in ethics on the government crowd. That's so sorely needed as to outweigh everything else, if she only accomplished that.

Her experience isn't the issue either as she has shown she has the learning curve ability to rise to the responsibilities. The plan to enact an ethics bill is a good move that will tend to amnesty the tempest of the widespread corruption she will find in Washington, an otherwise overwhelming prospect, albeit Braveheart that she is.

The question is how will she handle the holdover from the Bush and Cheny corruption of our government as veep. McCain himself has yet to denounce Bush and his high crimes and war crimes listed in the Impeachment Resolution HR 1258 still in the House Judiciary Committee as we speak, not to mention the more confrontable destruction of our country of rights, constitution and fiduciary responsibility. It's a mess and it will take some high confront and on-your-feet clever handling to turn the ship away from the shoals.

For sure it will take all she's got to maintain her integrity, independence and willingness to take on the corrupt and shake up "politics as usual" without herself being compromised. That McCain now comes out with his version of "I have a dream" and claims to have intentions to clean up politics in Washington stretches the credulity. Feasibly Palin could shake him up as well, not too far fetched an idea.

Personally I wouldn't vote for McCain or Obama. Maybe I'll just vote for VP.

As a postscript to this comment, any judgement within the nation or on the world scene is barren without the UN Universal Declaration of Human Rights considered as a moderating principle. While Diplomacy and State Security are full bodied subjects on their own the guiding path can never negate the existence of inalienable rights.

Where Palin stated that Ron Paul "is cool, he's very independent" one wonders if she understands it's his adherence to rights that mold that "coolness". All the rest is brilliant application to the existing scene to arrive at pragmatic application of the guiding principle.

Palin displays a lot of potentiality in that regard but has yet to take it all the way home. One can only hope that she will go the distance.


These Public Service Announcements illustrate each of the 30 rights:

http://youthforhumanrights.org/watchads/index.html

One Who Would Serve

by Robert L. Gisel


Being in a position of service only gives one the right to serve. As a poilitician is a civil servant it would stand to reason he is one who serves the people who elected him. Herein lies the failure of American statesmanship and our world diplomatic personality.

If the point of Lions for Lambs was too cryptic it was not missed by outspoken people like Naomi Kline, Brian Michels and Charley Sheen. The Republican niche group of neoconservatives would turn all political action into a super-capitalism money making proposition. The implementation of this into reality in our government translates into yet another form of fascism.

Only one candidate today has the courage to stand apart from the self-serving aims of the neoconservatives. Ron Paul has consistently held his ground in stating his views of how the people would best be served without the hackneyed spin of the money mongers.

The way the press slant colors the presidential campaign it would seem that McCain is the chosen one to carry the banner for the neocons agenda launched by the first Bush administration of which the current president is just carrying the ball of the father's legacy.

When you are attacked and you have to go to war you get in and get it over with quickly. You don't drag it out for 6 years. Making the maximum amount of profits for the longest possible time - that's what corporations do. It is not what armies do. Restore freedom and let the people get on with it.

Unless profits is what you had in mind in the first place.

Is there anything worse in store for our great country than money-grubbing civil servants? Money motivation for an elected politician is not only highly immoral it can be downright illegal.

The hallmark of the neoconservative is an extreme favoritism of the "haves and have-mores" as the President put it. This while he struts his pearls in defense of war to prove he has the cajoles macho enough to be a president. My appologies to Clinton for the male analogy but then isn't she putting this forth as well as the American woman who would ignore her husband's blatant infidelities that were even the subject of impeachment hearings. She would have to, it would seem, have some condoning agreement with the "men will be men" or some sort of psyche-based false datums justifying Mr. Clinton's out-ethics.

Clinton has stated some views as if she would strike out on her own politic but her overall campaign has changed regularly with the sway of the polls. One gets the idea she would sadly only be party to the temptations of compromising neoconservative special interest groups.

Obama comes across on a cursory view as one who would take up the call of serving the people. However when an attack was launched against him questioning if he was a Muslim and whether he was in the wrong camp he broke into a tirade in defense of America with a voice that smacked of strained justification and weak relinquishment of his own integrity in support of the neoconservatives. One doesn't get reassurance Obama would be steadfast in serving the people and the constitutional oath of the presidency when faced with pressures brought to bear by greedy politicians.

You can definitely follow a consistency by Ron Paul who is openly outspoken in his platform and steadfastly stands by the constitution, rights and freedoms. Even when he took a hit where a racist article had in the past been erroneously posted in his name he took responsibility for that, simply re-stated that he is not a racist and did not get pulled down into the petty game of low blow politics.

This truely exhibits a Jeffersonian beingness that this country would do well by during these times that try men's souls with daily assaults on the foundation that made this country great.

It is not my intention to throw my hand into the political counter plays of the presidential campaign. On the contrary it is a broader view when one reads the UN Universal Declaration of Human Rights, steps back, views the problems of our sovereign country and sees how this Declaration pronounces a common thread of all mankind.

If this were understood and fully embraced in our diplomatic stance in the world we would not now be embroiled in a war in Iraq that appears we cannot walk away from, shades of Vietnam, that compromises us in the world community and illustrates our country as the new world bully.

The trillion dollars spent on the war in Iraq is evidence enough this is about money. That Saddam Husain was a tyrannical psychotic totalitarian dictator is undeniable. Bringing him to justice for his crimes against humanity did not require a trillion dollar bill and the lives of non-combatant men, women and children. It is too painfully obvious that the best interests of the humanity in Iraq was no consideration in the decision to take up arms against that nation.

If we really were out to rid the world of a mad dictator who truely deserved to be hanged for his crimes against humanity the feat of bringing Saddam Husain to justice could have been accomplished in diplomatic policing choices available on probably less than 1/100,000 the trillion dollar bill for the Iraq war. No, it is about money and using the body politic to grab for oneself as much as possible.

There are always choices in diplomacy and statesmanship. It is the intention that makes the difference - is it for the greatest good of all or is it an evil and secretive desire to line one's own pockets.

While the neoconservatives are out glorifying this war it has gone unnoticed that the the guiding principle of inalienable rights held by all mankind does offer up viable solutions and highlight those would be politicians who chose to ignore these principles to serve themselves, the neoconservatives, and who would blatantly ignore the truth that the presidential oath of office is really about serving the people.

One man would genuinely and honestly serve the people. Ron Paul deserves a lot more attention and support in the ongoing presidential election.


Here is a link containing Public Service Announcements of the Universal Declaration of Human Rights:
http://youthforhumanrights.org/watchads/index.html