Posts Tagged ‘Constitution’

The 99% matter – a new dedication to government by all the people entwined in equality, ruled by justice, and radiating respect and tolerance

October 18, 2015

239 years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the propositions that ALL PEOPLES ARE CREATED EQUAL AND CAN CONTINUALLY MOVE FORWARD TOGETHER UNITED IN PEACE.

Now we are engaged in a great inequality, racial, religious, and cultural war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are committed in unity to remember those we have lost, who have suffered, and are still suffering, so far in this continuing war for equality, justice, respect, and tolerance . We today rededicate our fight to uphold our original cause for which this nation was founded – equality of all peoples and justice for all, as a remembrance for those who thus far gave their lives, have suffered, or are still suffering that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not remember them– we can not thank them — we can not re-dedicate ourselves to this cause. The brave men and women, living and dead, who have struggled for the cause, and are still struggling have enshrined this cause in the fabric of our nation, far above our poor power to add or detract. The world will little note, nor long remember what we say today, but it can never forget what they did and are doing for this great cause.

It is for us the living, rather, to be dedicated now to the unfinished work which they who fought before have thus far so nobly advanced. It is rather for us to be today dedicated to the great task remaining before us — that from these honored dead, wounded, and still suffering we take increased devotion to that cause for which they gave the last full measure of devotion, sacrificed so much, or are still sacrificing — that we today highly resolve that these dead, wounded, and suffering shall not have died, been wounded, or suffer in vain — that this nation, under God and in harmony with nature, shall have a new birth of freedom, equality, justice, respect, and tolerance– and that government of the people, by the people, for the people, entwined in a commitment to equality, justice, respect, and tolerance, working towards world-wide non-violence  and cooperation shall not perish from the earth.

Linda Lorincz Shelton
October 18, 2015

Seat Roland Burris – Follow Law!!

December 31, 2008

I despise Gov. Blagojevic and condemn his many wrongful actions and omissions. However, I support the rule of law.

Under Illinois law concerning the duties of the Secretary of State, it is the mandatory DUTY of the Secretary of State to sign, seal, deliver, and file all documents issued by the Governor. For Secretary of State White to refuse to sign and seal the Governor’s documents amounted to usurping the powers of the Governor and violating the law in regards to powers of the Secretary of State. Gov. Blagojevic has a mandatory duty to appoint a Senator to fill a vacancy. The Senate rules require them to seat a Senator when the appointment paper signed by the Governor and the Secretary of State is received. End of story!

Anyone refusing to obey these laws and rules is snubbing their nose at the Constitution and the rule of law. Shame on Obama, Reid, White, and all the Senators who oppose seating Burris. I expect more from Obama – a constitutional law professor! People in Illinois have a right to be represented by two Senators at this critical moment in history, when the United States is in crisis.

The Senate is hypocritical. They have seated a convicted felon – Alaska Senator, a Senator convicted of a sex crime, and they acknowledge that Burris is honest, qualified, and a Governor has a legal duty to fill a vacancy. Roland Burris is one of the few African-American elder statesmen who is untainted and qualified for this office. We should rapidly embrace his appointment. The arrest of Blagojevic pushed him to abandon pay-to-play and we should be thankful of this development.

Burris has donated money to Blagojevic campaign and many other Democrats’ campaigns and this is not pay-to-play in such small amounts, consistently given over years. His law firm has had a few relatively small contracts with people seeking state contracts and with the State. This is reasonable considering the narrow expertise of his law firm and goal of helping businesses obtain minority contracts. This is not pay-to-play. This is a normal business practice for a specialty law firm in this area. Anyone who tries to make more out of this is unfair.

Burris has lost several elections for Governor and Chicago Mayor because he is independent and NOT completely controlled by the cabal of corruption. He is exactly the person we need as Senator to help break the back of the machine in Illinois.

Burris should immediately seek an emergency mandamus from the courts to FORCE Secr. of State Jess White to sign and seal the Senate appointment document from the Governor. If ten days pass by law without his signature and seal, the document becomes void. Then Governor Blagojevic may just keep re-issuing his appointment letter every ten days until White signs it. If Secr. of State White refuses this mandatory and NOT discretionary duty, he should be impeached and removed from office for dereliction of duty harming the State and the Country for denying a full complement of Senators to the State and the Country. I find White’s refusal to sign the document and seal it as arrogant, misguided, illegal, and harmful to the State and the Country.

If Roland Burris is indicted and convicted for something he would automatically lose his position as Senator by law. If he was found mentally or physically unfit for duty, then there are procedures the Senate can take to remove him. I find it obscene that our incoming President and the majority of our Senators, as well as Secretary of State Jesse White would DEFY the rule of law and SNUB THEIR NOSES at the Constitution. They should not be allowed to act so atrociously! People should donate funds to Burris to help him quickly seek court orders to ensure he is seated.

Blogojevic is tainted but legally the Governor with duties he MUST perform. Would you want to invalidate any pardons he might give for prisoners who are proven innocent due to DNA evidence because of the taint over Blagojevic?  I have to assume the only reason to NOT SEAT Burris is because the politicians cannot control him – they didn’t choose him, and their cabal of corruption, along with their oligarchy, would be in jeapardy if he is seated!

Go Roland! Kick their ****!!

O.J. Simpson Conviction Trashes the Constitution

December 6, 2008

I am aware that my opinion on this topic may be controversial, however I still want to point out an aspect of the conviction that is not being discussed. It is a basic principle of criminal law that even if a  person is guilty they are entitled to certain procedural and legal rights. The U.S. Supreme Court has thrown out murder convictions when the Bill of Rights has been violated, because honoring and preserving the Bill of Rights is more important than an individual.

It is impossible for me to give an informed opinion about the conviction and sentencing of Mr. O.J. Simpson for theft of sports memorabelia because I have not seen or heard the evidence completely, so it is unfair to even try to give an answer. Perhaps it is even inappropriate to comment.  However, I am commenting because of what I perceive to be a serious violation of the Bill of Rights and because the hatred I hear towards him makes me puke. There is no place for emotion in sentencing by a judge. The fact that the judge who sentenced him stated that she did not consider the murder trial, simply means to me she did consider it. It is a simple fact in psychology that drunks and addicts deny their additions more vociferously than the sober. This judge is no different than the addicts in her denial.

Anyone who says this is pay-back for his acquittal on the murder charge is violating the essential principles of our Constitution and should be ashamed of themselves as they have committed treason in their statements in my viewpoint. Nothing is as important as preserving our Constitution in terms of preserving justice in the future. If we trash it and its principles we trash America and our future. If we violate our basic principles of law with Mr. Simpson, then this opens the door to violate law in every criminal trial.

What I did hear is that Mr. Simpson did not have the mens rea (criminal intent). He clearly stated he was trying to collect his “stolen” property. He had been pushed to the brink of mental delirium on this point as he had been through a very intense murder trial and then very intense civil trial where he was forced to pay 33 million dollars, as well as constantly hounded by the debt collectors. It appeared he simply cracked – with the help of others pushing him. He was so focused on trying to keep some of his property that had meaning like a wedding ring for first marriage and other things that were important to his self-esteem and family that he was not at times rational – apparently believing the property still belonged to him. He clearly loves his children and has for years been trying to hold on to what he could to pay for things for his family.

It is a basic principle of criminal law that when a person does not have the mens rea in an intent crime, which is what he is charged with, he is not guilty. I would say he is not guilty by reason of insanity. He perhaps should have been convicted of a lesser included offense such as misdemeanor trespass that does not include mens rea. However, if the property really did not belong to him anymore and he was aware of this, than he is an accessory to armed robbery even if he did not hold the gun. To me, kidnapping is a real stretch. He clearly should have had an in depth evaluation by a  psychiatrist. I believe the sentence is far greater than the true offense and should be no more than 1 year, or at least 1 year in a mental institution. He should be forced to undergo mental health evaluation and counseling for an extended period of time.

I would welcome comments that educate me about the law in this case. If I am wrong in my interpretation, I would appreciate comments.

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