Celebrate your rights

December 15, 2011
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Dec. 15 is Bill of Rights Day. Which of the first 10 amendments is the most important?

We Americans take for granted a lot of the freedoms we have in this country, freedoms outlined in our Constitution. There’s a group out there – appropriately named The Bill of Rights Institute  – that wants to help remind us about the rights that are protected in the first 10 amendments. That’s why the institute is asking Americans to take 10 minutes to read the Bill of Rights on Dec. 15, the 220th anniversary of the ratification of the Bill of Rights.

Dec. 15 also happens to be a day of federal observance since 1941.

There’s no doubt the first 10 amendments give us certain key protections and rights in this country, and it may be difficult to pick which one you think is the most important or significant. Is it the First Amendment, allowing us the ability to worship or not worship whomever or whatever we’d like, say or write whatever we want (within reason), or peaceably assembly? What about the Second Amendment allowing us the right to bear arms? The Fourth Amendment – protecting us against illegal search and seizure – often is the topic of lawsuits and court cases.

Thanks to the Bill of Rights, we can “plead the Fifth” and be protected from “cruel and unusual punishment.”

Since you’re in the legal profession, there’s a good chance you’re more familiar with the Bill of Rights than the general public, whom this day is probably geared toward. Do you think the general public is as educated as they should be on their Constitutional rights? Is there a particular amendment you think is the most important?


 

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  • Celebrate?
    Neither Amendments nor Bill of Rights apply to proceedings involving DCS. They are not only ignored, but treated with distain in the State of Indiana.
    They unlawfully 'seize' your children absent the requirements of probable cause in violation of their 4th. They force you to take 'services' by holding your children hostage which meets the federal definition of kindnapping. They force you to take a Psycological Evaluations in violation of you 5th to not incriminate yourself as well as drug and alcohol assessment. Your 9th is clearly violated as well as you 14th (Denial of Civil Rights Under Color of Law). There are maybe 2 or 3 Amendments that they do not violate on a daily basis.
    See what happens when you try and exert your rights. These people with 6 weeks training have the power to take your first born and even the IRS can't do that. They are accountable to no one and judges meet ex-parte to make sure the system is full of children for the sake of money. They skip the first 2 requiremenst of 671 and go straight to removal. There are many satellitte industries that depend on this income. They are paid $4000-$6000 bonuses per child for removal and other bonuses each time they change foster homes. They also enjoy Adoption bonuses as well.
    When it comes to monies received by the DCS and the court system, Amendments or Rights are not in existence. Just ask anyone who has been in the system which is part of a greater plan of the 'nanny state'
    Do your research and see who has actually beat DCS in Federal Court. I can find only 2 nationwide. To claim that we actually have Rights in this arena is nothing but a cruel joke.
  • ultramontanist
    Judge Learned Hand said if the spirit of liberty is not in the people, then no paper will save it. Or words to that effect.

    We all know that "the people" of 2012 as compared to "the people" of Learned Hand's time are a very different "people." They do not share the same predominant ethnicities, not the same religious composition, not the same average occupations nor economic interests nor for any of that, most of all, we lack cultural consensus. It is as many have remarked the twilight of an Empire. Maybe that is a good thing. Let's put a nail in the coffin of the idea of a confessional state. I only confess one religious faith and it is not to Americanism.

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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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