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Citizens for Change, America

Citizen4Change (35)


How can the Constitution of the United States so easily be discarded?

Posted Sunday, March 01, 2009 (267 days 23 hours ago.) Viewed 429 times.

If the United States Constitution clearly states something as being forbidden, why is it that even governors are able to circumvent being found guilty of violating their oath of office when they enact or allow laws which clearly violate the constitution?

In a simple way of looking at things, when an article in the constitution, such as

Article 1, Section 9

No bill of attainder or ex post facto law shall be passed.

It would seem to mean that no one, not a judge, not congress, not even the president of the United States of America can pass neither a bill of attainder nor an ex post facto law.

If a person honors and upholds the constitution, then they would be barred totally from enacting any sort of ex post facto law or bill of attainder.

Case in point.

Governor Piyush Jindal took an oath of office:

I do solemnly swear (or affirm) that I will support the constitution and laws of the United States and the constitution and laws of this state and that I will faithfully and impartially discharge and perform all the duties incumbent on me according to the best of my ability and understanding, so help me God.

At the same time, the state in which he is governor has a constitution which states:

Article 1, Section 23. Prohibited Laws

No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted.

If Piyush Jindal took an oath to support both the United States Constitution, and also the Constitution of Louisiana, how is he upholding the constitutions by supporting the Retroactive, Ex Post Facto application of the Sex Offender Registration laws in Louisiana.

How can Piyush Jindal, Governor of Louisiana continue to persecute the lives of those who have satisfied all terms of their 20, 30, 40 year old convictions when clearly the constitution forbids doing so?

Many people do not even know what a Bill of Attainder or an Ex Post Facto Law is. A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial. The United States Constitution forbids both the federal and state governments to enact bills of attainder, in Article 1, Sections 9 and 10, respectively.

That is exactly what these Sex Offender Registries do. In some cases, they dredge up persons who have committed a crime and served their sentence 10, 20, 30 years ago, and without taking them to court, sentence them to Lifetime Sex Offender Registration with all the Punishments and restrictions..

Once on the registry, these people, these persons who are now among the new underclass of people, the "SEX OFFENDERS" are subject to a whole new, daily growing list of punishments and restrictions.



One state's highest court ruled that the state cannot force a man with an unblemished record since his 1979 rape conviction to register as a sex offender without giving him a chance to argue that he should be exempt. LINK

When a person has committed 1 crime 20, 30, 100 years ago, and the state or federal government now requires that person to register as a Sex Offender based on that 20, 30 or 100 year old conviction. The state and federal government violate every person's right to due process by insisting they have a mandatory obligation to register as a Level 1, Level 2 or Level 3 sex offender for the rest of their life, despite evidence that they are unlikely to re offend.

A new class of people has been created in America. The new class of American Citizens is named' "SEX OFFENDERS".

Millions are now placed into this group and the number of those who are labeled as such is growing in leaps and bounds.

Once a person is placed in this group, each city, each municipality, each state is creating countless new laws and all they have to do is apply all of these new laws to those in the group, SEX OFFENDERS. Much the same way white Americans use to have signs up all over America which read: "No Niggers allowed, Only White People in Our Establishment". Just the same way the Germans, Nazis took everything from the Jewish people and labeled them Nasty Jews.. until they ultimately Exterminated them... while the German People watched.

These American Citizen who are placed in this Sub Group, Sub Class are then denied many of their Constitutional rights.

Their privacy is totally removed as much of their Private Information is placed on the World Wide Web for the World to see.

The lives of their children and family members are at great risk for any vigilante who wishes to target them for murder or mayhem.

These people, since they are made members of this new Sub Class, are denied work, housing, friends and privacy in any way.

Teenage Children Going to Prison and being labeled Sex Offender for the rest of their lives for simply sending a nude photo of themselves over their cell phone or computer to their boy or girlfriend.

Children as young as 8 years old being arrested and charged with sex crimes for things as simple as playing, "You show me yours and I will show you mine". These children are sentence to many years of counseling at their parent's expense.. and labeled Sex Offender for the rest of their lives for doing what is normal at their age, investigating.

Women being arrested for taking, having developed or owning photos of themselves breast feeding their babies.

Men and women who committed one crime 20 or 30 years ago who have served out all their sentence for that crime are now finding that the United States Government and Local State Governments are passing Retroactive laws which heap Hundreds of new punishments upon these people who have already served out their sentences. In effect, they are Re Sentenced to Lifetime Probation. Their Constitutional Rights are being totally ignored and most do not have 30 or 50 thousand dollars to hire a lawyer to fight for their rights. The states know this and pass the unconstitutional laws anyways.



So you see, it is hard to understand how a simply written statement in the constitution can so easily be circumvented by our political and judicial leaders.


        Comments (3)

Has the United States Constitution been reduced to a mere piece of paper?

Posted Friday, February 27, 2009 (269 days 13 hours ago.) Viewed 41 times.

A trend has been gathering popularity in just about every state of the union. That trend is to cast out the clear and simply written ban on ex post facto lawmaking for any reason. One can find in the United States Constitution the following:

Article 1, Section 9:
No bill of attainder or ex post facto law shall be passed.

Through slight of hand and plays on words, the federal government and local state governments alike have gone against not only the United States Constitution but also the Constitution of their own particular state, to write, pass and implement laws which so clearly violate the rights of American citizens who have successfully completed any court imposed sentence and punishment many years ago. To the extent of adding punishments and restrictions upon men and women who committed their particular offense two, three or even four decades ago.

Americans are suppose to enjoy some sort of protection from run away persecutions. It would seem the United States Constitution and the Constitution of each and every state in the union are null and void whenever a politician, due to some recent horrific and tragic crime of rape or murder, wishes to circumvent the dictates laid out within the constitution, and write new laws which add many, many punishments upon a person who has already served out their sentence.

Is their no protection for runaway lawmaking in America? A famous person once said:

 When the government fears the people, there is liberty.  When the people fear the government, there is tyranny.
Thomas Jefferson (1743-1826)

When a group of American citizens lives in fear because the government is not held to the very rules and guidelines set forth within the Constitution, their is fear among the people. Fear that their is no way of knowing when some new law will be passed which places new punishment on any person who has served out their complete sentence for any type of crime whatsoever.

Today, lawmakers are getting away with circumventing the constitution by attacking all who they can successfully label, "Sex Offender" with Retrospective, Retroactive, ex-post facto laws. This practice, unhindered, paves the way for new laws, bills and acts to be implemented upon Any citizen of America for Any thing which they seem fit.

What good is the United States Constitution if the government of America does not have to honor it?

The united states constitution and the constitution of every state in the union strictly forbids anyone from creating a new law which again punishes, or adds more punishment upon a person for for a crime which they have already served out their time.

That is called Ex Post Facto law, or Retroactive application of law.

The United States Constitution says:

Article I, Section 9,

No bill of attainder or ex post facto law shall be passed.

In the Oxford Companion to the Supreme Court, Harvard's Professor Laurence H. Tribe has defined a bill of attainder as a legislative act "that inflicts punishment without a trial."

The late Edgar Bodenheimer, professor emeritus at the University of California, identified an ex post facto law as a statute "that prescribes a greater punishment for a crime already committed."

In 2003, the United States Supreme Court made a decision on the Retroactive Application of the Sex Offender Registration Laws.

Even though, as you read above in the United States Constitution, creating Ex Post Facto law is totally forbidden, our good Supreme Court Justices have the latitude to circumvent the Constitution via fancy wording. It ruled that basically, just going in and filling out a registration form 1 time a year is not punishment. So they allowed the Total Disregard of the United States Constitution to stand.

Just about every case brought before the courts after that has been denied, based on that one, out of date decision. Many new laws have been added to the requirements for registration.

It works like this. Some how, someone finds an old record of a crime of a sexual nature which occurred 20, 30 or 50 years ago. They find the record of conviction and look up that person. The locate where they live and then send officers or deputies to arrest that person for Failure to Register as a Sex Offender. Once they are found guilty, or even before they are, they are forced under threat of re-arrest to Register as a Sex Offender. At this point, many state officials, label this person in one of three Risk categories, Tier 1, not much threat to society, Tier 2, Moderate Threat, or Tier 3, Very Dangerous. This being done not by professionals, but by whomever the court decides to appoint. Many states simply look at the initial conviction and place the person into the tier which seems to be related to the crime. Thus, a person who at age 18, 30 years ago, who may have had a sexual relationship with a girl of 15 and found himself in trouble with the law. Would now be classified as Tier 3, Very Dangerous. Not mentioned is the fact that this man actually ended up marrying this young lady and they now have 5 children and 7 grand children together. Under current legislation across America, this man would now be forced to move from his residence, be kept away from his grand children and possibly lose his job due to all the new punishments placed on him for a 30 year old crime.

Only one state supreme court thus far has agreed that the retroactive application of the sex offender registration requirements is in fact, unconstitutional. Alaska agrees and has revised their laws to reflect the adjustment. But as costs of supervising thousands of persons who are clearly No threat to society.

Persons are labeled Sex Offender, retroactively, unconstitutionally and forced under threat of prison to register. They go on to pass many new laws for all those who are Labeled Sex offender.

Some of the new laws since the 2003 U.S.S.C.Decision :

NOTE:FAILURE TO ADHERE TO ALL THE BELOW LISTED REQUIREMENTS WILL LAND YOU IN PRISON, SOME FOR LIFE.
  1. Felony Charges Applied to Civil Law
  2. Judicial threat: If one does not strictly adhere to the strict provisions of all the laws imposed upon them, once they are labeled as a sex offender, they will go to prison.
  3. Classified as level 3, most dangerous without a panel, or a court appearance. Based solely upon the conviction which may have been 50 years ago. No evaluation to determine if the person is a threat to society. 
  4. Lifetime Registration Mandatory with No Way to Remove the Label or court hearing to protest the label or requirement to register.
  5. Reporting every 90 days.
  6. Police show up at the ex offender's house to make sure they live there every month.
  7. Must return a letter, in some states, a HUGE 15X10 flyer which is mailed to their home with huge letters that say: SEX OFFENDER NOTIFICATION...
  8. Banishment from whole neighborhoods through Residency Restrictions
  9. Banishment from Public Parks and Recreation Areas, even though they are still required to pay taxes on those parks.
  10. Made a target for vigilantes via name, photo, address, crime, place of work, and more listed on the internet for all to see.
  11. Families of those labeled Sex Offender in danger of vigilante attacks.
  12. Employer typically will not want to hire a Sex Offender as they do not want the public to know they have done so.
  13. Housing is denied, application for housing now asks if the person has ever had a sex crime.
  14. Children of persons who had formerly committed a crime involving sex, are now stigmatized, outcasts as there parent's photo, name and charges are on the internet.
  15. Housing Denied
  16. Work Denied
  17. Privacy Denied
  18. Rights Denied
  19. Ex Post Facto Constitutional Rights Denied
  20. Bill of Attainder Constitutional Rights Denied
  21. Cruel and Unusual Punishments,  Constitutional Rights Denied
  22. Equal Protection Under the Law Violated, as Only Sex Offenders are treated thus.

The decision by the United States Supreme Court in 2003 has become obsolete. Thousands of new laws have been passed all over the nation in every state based upon this decision. These laws are harming countless thousands of Americans and are in fact, Punitive in nature.

The states are getting away with depriving the citizens of the United States by using fancy wording. They say that because they are not intentionally punishing people when they apply the Sex Offender Registration Requirements, that they are not punitive, but regulatory, or administrative.

Note Below is Quoted Text of S.O.R.N.A.
(Sex Offender Registration Notification Act)

Where the critical comments about the guidelines' treatment of retroactivity went beyond
considerations that fail to distinguish sex offenders with pre-SORNA (or pre-SORNA implementation) convictions from those with more recent convictions, they tended to argue that
retroactive application of SORNA's requirements would be unconstitutional, or would be unfair
to sex offenders who could not have anticipated the resulting applicability of SORNA's
requirements at the time of their entry of a guilty plea to the predicate sex offense.

However, as non-punitive regulatory measures, the SORNA requirements do not implicate the Constitution's prohibition of ex post facto laws. Moreover, fairness does not require that an offender, at the time he acknowledges his commission of the crime and pleads guilty, be able to anticipate all future regulatory measures that may be adopted in relation to persons like him for public safety purposes.

So they are they saying, "no matter if you make an agreement, a plea agreement with the state or federal government, that the state or federal government does not have to honor their promise in the contract"?

That they can return 30 years later and add punishment to your 30 year old sentence?

Opinion: If you have ever taken a plea bargain, or plan to do so in the future, know this, The United States Government has reneged on THOUSANDS of plea agreements and continues to do so as you read this article.

The comments received provided no persuasive distinction on these points between
the SORNA requirements and the sex offender registration and notification measures upheld by
the Supreme Court against an ex post facto challenge in Smith v. Doe, 538 U.S. 84 (2003).

Thousands of new requirements have been added to the simple registration requirements which were ruled upon in that 2003 case.

In summary. How can Americans ever trust the courts when they agree to a sentence for any sort of legal issue, if the courts can come back 50 years later and nullify that agreement and heap a good many new punishments upon that person for that 50 year old crime, if all requirements of the court decision have been satisfied?

If anyone is allowed to circumvent the Constitution, then that document is but a mere piece of old paper.


        Comments (7)

  


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