Thursday, July 29, 2010

******KNOW YOUR RIGHTS*******

I. Probable Cause

The Fourth Amendment of the US Constitution provides that 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, 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.

The term "probable cause" is defined very vaguely here. Of course each state has adapted it's own statute to define probable cause. It's basic meaning is this-- Probable cause is a "reasonable belief" that a person has committed a crime. For example, this can be a driver swerving on the road. If an officer observes this reckless behavior, he now has the jurisdiction to pull you over, question your sobriety, and even search the vehicle for illegal contraband. Some states go so far to include the scent of marijuana or alcohol as probable cause. My only problem with this is it is hearsay evidence. The officer could simple be lying. Maybe the officer doesn't like you. Maybe he/she is racist or sexist. Maybe he/she is your neighbor and is tired of the mangoes from your mangoe tree spilling onto his lawn. Nonetheless, the "scent of marijuana or alcohol" is not a tangible object and should not be used as grounds to search your vehicle.
Probable cause is the minimum level of evidence of a crime that must be present for an arrest. Simply stated, it is somewhat restrictive than the standard for the police to engage someone in a conversion, but less than the certainty beyond the shadow of a reasonable doubt required for a conviction.

Verdict: Probable cause is highly susceptible to be abused today. Just look at the Columbia, MO police department. May 10, 2010 authorities in CoMo somehow obtained a search warrant within 8 DAYS, broke into a citizens house, scared the children in this home, shot and killed their dogs! (which were poodles, I believe) only to find a misdemeanor amount of marijuana residue. Just watch the link below and I'm sure you will find it very infuriating, disturbing, and a complete violation of our rights as Americans.

http://www.youtube.com/watch?v=zs3Gaq9j6RA

The tragedy is this will occur more and more until the citizens of this country get angry, get loud, and demand accountability from their government.... So, get to it! Write your local and state representatives and express your opinions on this or any other matter you wish to discuss. Trust me, they will listen. After all, they need your vote. Don't know your representative? Go to house.gov and simple type in your zip code. ******Always Remember, democracy will only prevail with general knowledge dispersed among the people.*******

Friday, July 23, 2010

July 4, 1776

Philadelphia in the early morning of July 4, 1776 was a mildly cool mid-summer day. The temperature was 68 degrees. With decreasing barometric pressure and a crisp wind shift from the north to the southwest brought a slightly cloudy sky. The Second Continental Congress must have greatly appreciated the cool temperature as they gathered in the Pennsylvania State House (Now known as Independence Hall) to approve the Declaration of Independence, which was drafted several days prior by a committee of five; appointed by Congress on June 11. The committee was a power house consisting of John Adams, Benjamin Franklin, Thomas Jefferson, Roger Sherman, and Robert R. Livingston. However, it was Richard Henry Lee who first introduced the resolution on June 7, 1776; urging Congress to declare independence from Great Britain.

SIDEBAR: The structure of the Declaration of Independence was influenced by English philosopher John Locke, who advanced the contract theory of government. Locke argued that all "just" governments are founded on consent and are designed solely to protect people in their inherent rights of life, liberty, and property. Although some radicals (including myself) utilize this theory to justify civil disobedience whenever government infringes on any of the specified rights; the more conservative Jefferson held that resistance is justified only when a consistent course of policy shows an unmistakable design to establish tyranny. In addition, Thomas Jefferson used Natural Law, substituting "the pursuit of happiness" for "property" in the trinity of inalienable rights. This alteration was developed from the Swiss legal philosopher Emerich de Vattel, who emphasized public duty rather than personal choice. Natural Law Theory relies on diligent cultivation of civic virtue to obtain happiness.

Of course Congress quickly rejected two passages in the original document when it was first presented to them on June 28. The first revision was a reference to the English people and the second was contemptuous criticism of the slave trade. (It makes sense that they took this out because they had to convince many colonists to concede to the revolution. The majority of the militia consisted of framers.) Subsequently, from July 1-4, Congress continued debating the document and was otherwise adopted without significant change. July 2, Congress declared independence and July 4 they adopted the final draft of the Declaration of Independence. July 19 Congress ordered the document officially inscribed and the formal signing by the 56 members of Congress commenced on Aug 2, 1776.

July 3, 1776 John Adams made an astounding prediction in a letter to his wife, Abigail:

The second day of July, 1776, will be the most memorable epocha in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance, by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp and parade, with shows, games, sports, guns, bells, bonfires and illuminations, from one end of the continent to the other, from this time forward, forevermore.
(Notice that he was only two days off considering the resolution was suggested June 7 and completed August 2)

Thursday, July 22, 2010

The Power of the Written Word

The ability to "think about thinking" belongs uniquely to human beings. For this reason, our expansion of knowledge & ability to solve complex problems should be cherished. Through writing you create a permanent record of your ideas for others to read & continue thinking about. Reading informs & shapes human thought. In an open, free, democratic society, every person is welcome to write & thereby create reading for others. For such freedom of idea exchange to thrive, writing & reading skills cannot be concentrated in only a select group of people. All of us need access to the power of the written word. Personally, I am terrible at spelling and grammar. (I suspect Google, spell-check, and auto-spell correct on my iphone are to blame.) But the sad truth is that the majority of citzens today are more interested in entertainment rather than education. This is very discouraging considering the course of humans' existence. Today, we are spoiled with technology & are overpopulated to the point that there is no need to be concerned for our species extinction. We are never out of contact with one another thanks to the invention of cell-phones, social networks, and email. However, I cannot help but reflect on a simpler time when man was first introduced to the Earth. It seems inevitable that our vocal cords & mental capacity have evolved to their current capabilities today. Early human settlements were near the bottom of the food chain & their feeble structures made them susceptible to the conditions of Mother Nature. We needed each other [humans] to organize, hunt, & gather to survive.

SIDEBAR: In contrast, sharks are extremely strong & fast. They do not need each other to hunt or survive & therefore sharks do not feel compelled to reproduce rapidly. That is, their species survival does not depend on it. Humans, on the other hand, feel vivid sensations (Oxytocin and Dopamines) for relationships & reproduction.

Nonetheless, I can only imagine our ancestors constant struggle to grunt at their peers, desperately trying to communicate for survival purposes. For this, we owe thanks to their continuous efforts because through exercising their vocal & mental capabilities, humans evolved to the state where we can speak effortlessly. (Which make sense because it was essential for our species survival)

VERDICT: Besides the ability to communicate, education & the passage of knowledge through generations is the most prominent aspect for our species survival. We learned what kinds of berries were poisonous, to avoid trees in linghtning storms, how to create fire & cook food, & so on & so forth. The human race was/is able to share knowledge with future generations by recording their discoveries & bettering their children's chances of survival.

Sunday, July 18, 2010

Introduction

Closing Arguments sole purpose is to provide summaries, in laymen terms, for a wide variety of subject matter. Most of us today are too busy that we cannot find the time to read through thousands of pages of legislation that our government will enforce upon us whether we understand the law or not. Therefore, I will submit short essays on topics that I believe will be beneficial to the average American. The format will be simple. As the adversarial system demands, I will merely discuss the cause of action for any given topic. I will leave out all opinions, although, I may make the occasional recommendation. Still, I will concentrate on the facts of an argument and nothing more. As John Adams once said:

“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”

Politics suck. If someone can honestly look you in the eye and tell you that they enjoy politics, Then they are simply insane. For this reason, I will limit my discussions on party politics since they contrive the most dismay. However, politics is not limited to one’s government. Its existence is perpetual in everything we do today. It’s in our educational system, hospitals, hell; even the local clerk at Phillips 66 must conciliate politics daily. The point is, we play the game of politics all the time whether we know it or not. Closing Arguments intention is to act as an educational reference on your rights, history, entertainment, media, science, economy, and anything I find informative for your personal gain. By studying the past, we can better understand the problems of the present, and implement creditable solutions for the future.

SIDEBAR: Closing Arguments is not purely an outlet for political expression but a submission of educational topics in an investigative essay form. They will be short, direct, and informative. I am not trying to persuade you. I am merely concerned with the diffusion of general knowledge among the pupils. Otherwise, (based on the foundation of the US government) democracy will be lost--and through our ignorance we won’t even hear her cries for refuge. *****KNOW YOUR RIGHTS!*****

You are now entering Jessie’s Court, where justice may be temporarily lost but always found….