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Hebenstreit: A Special Celebration of Being an American

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IBA-hebenstreitWhat does the 4th of July mean to you? Regions Bank fireworks, Lake Wawasee, hot dogs, ice cream???? Possibly all of the above. Although holidays are very important in our family, we do not have any long standing traditions for our Nation’s birthday. Rather, it is an opportunity to reflect about being an American.

I feel that I have already won the “Lottery of Life” by being born in the United States rather than any number of other places. All you have to do is watch the evening news to see how much better our system of government works compared to any number of others. As I write this, our national leaders are negotiating to avoid the first ever default by the US on its debt. Hopefully, by the time this column is printed, the problem will be solved. But in any event, it will almost certainly be resolved in a peaceful manner.

In case you were not aware, the US District Court for the Southern District holds ceremonies on about 30 times a year for the purpose of administering the Oath of Citizenship to individuals desiring to become American citizens. Typically, the ceremonies are held in the US Courthouse in the courtroom of the Judge presiding over the ceremony. A number of groups and agencies are asked to participate and be present at the ceremony. The US Attorney‘s Office is present, the Indiana Senators and House members are either present in person or send a representative, and the IndyBar is also asked to participate. Our job is to extend a warm welcome to the new citizens and to present each with a copy of the US Constitution.

I remember reading about the Naturalization Ceremony conducted on July 4th each year. It is held at the former home of President Benjamin Harrison on North Delaware under a tent. I had always heard that Judge Sarah Evans Barker typically draws (or requests) the assignment, and that the ceremony is particularly moving. Having attended many over the years as a representative of the IndyBar, I thought it would be fun to attend the one coinciding with our Nation’s birth. There are not many “perks” to being President (other than being able to write this column every other week for a year) so at the beginning of this year, I asked Caren Chopp to assign me to the one on July 4th. It was not a mistake!

This year the ceremony was actually held on Friday, July 1 which was a glorious day. The grounds of the Harrison home were immaculate, and the air was filled with excitement and anticipation. The black Suburban of the US Marshal’s Office was blocking the driveway. There were a number of law enforcement officers from the Marshal Service as well as the Marion County Sheriff’s office in attendance, presumably since there are no metal detectors at the home. The setting was impressive.

As the ceremony got under way, Judge Barker requested that the country of each new citizen be announced and that all those from that country stand. She enlisted the children in attendance to deliver miniature American flags (donated by the Daughters of the American Revolution) to each new citizen. It was very appropriate because it kept the children engaged and provided a personal recognition to each of the 90 individuals taking the oath that morning. For any of you who have attended these ceremonies, the oath is quite impressive. Having been drafted in the late 1700’s, it uses some antiquated language which only highlights the dignity of the event. It is very moving when each new citizen relinquishes any allegiance to any government, king or potentate (whatever that is) in order to then swears to uphold and defend the Constitution of the United States. Quite moving!

Being an American is something that we may take for granted. We did not have to work for it. But to observe those new citizens celebrating with their families and children rekindles the patriotic spirit. It is not an easy road to become a naturalized citizen. Those 90 individuals accomplished what we never had to do and it gives new meaning to being an American. I certainly hope they had fun celebrating our Nation’s birthday as US citizens. If you have never represented the IndyBar at one of these ceremonies, I would highly encourage you to take 2 hours out of a work day and experience that patriotic moment first hand. It is well worth your time.•

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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