A fugitive people within a nation is tyranny.

Posts tagged ‘violation’

In Case You Really Need to Flee Authorities

by Simon Black

on the beachWhen most people think of Brazil, it’s the incredible beaches that come to mind. Or the crazy parties of Carnival. Or the spectacular vistas and great weather. Or how indescribably gorgeous (and welcoming) the locals are.

But here’s a little known fact, and it’s something that sets Brazil apart from most other places: Brazil’s constitution prohibits the extradition of Brazilian citizens to other countries. This is a rare gem in the world… I’ll explain.

Believe it or not, most countries are happy to sell their citizens down the river to another government. If you have been charged with a crime in another country, or are even simply ‘wanted for questioning’, your home government in all likelihood will comply with the request to round you up and ship you off.

For example, only 7% of all extradition requests that the US government made to the British government between 1 January 2004 and 31 July 2009 were denied. The US government denied ZERO extradition requests from the British government over the same period.

You may also be familiar the ongoing case of Wikileaks’ founder Julian Assange, who is wanted in Sweden for “questioning” related to bizarre sex case.

The British government approved Sweden’s extradition request, though Assange has appealed the decision numerous times. He’s lost every appeal so far, and in all likelihood he’ll be on a plane bound for Sweden in the near future.

Assange is an Australian citizen, and his government has completely abandoned him.

You may also remember the more recent case of Kim Dotcom, the German founder of MegaUpload.com who was arrested in New Zealand as part of a US operation to shut down his file-sharing site. Like Assange, the German government has been silent.

This is ironic because most people are brought up to believe that their governments will protect them… that if you get into a jam overseas, they’ll send the military to rescue you.

The reality is that, far more often, governments trade their own citizens away in order to score diplomatic brownie points, even when there’s not even a crime involved.

The US-Mexico extradition treaty, for example, lists a number of extraditable offenses, such as:

– Violations of the customs laws
– Offenses against copyright or intellectual property
– Offenses related to international trade and transfers of funds or valuable metals
– Offenses relating to prohibition “unfair transactions”

We’re not exactly talking about violent criminals here; these rules so opaque that just about everyone on the planet is in violation of some offense.

That’s why Brazil’s Constitutional guarantee is so refreshing. Brazil has a long history of rejecting extradition requests for citizens… and if Assange and Dotcom had thought that far ahead, they’d be sitting on the beach in Rio right now instead of wearing electronic ankle bracelets under house arrest.

Needless to say, this requires obtaining Brazilian citizenship… which, if you’re in a hurry, you can qualify for in just 12-months. More on that in a future letter, I’ve got a plane to catch!

Web of Inquisitional U.S. Law Creating Criminals

we the peopleFor decades, Washington D.C. has been adding to the number of federal laws and regulations that carry criminal penalties. Now the number is so high, no one is actually sure how many there are. Experts say practically anyone could be convicted of some sort of federal crime. And it’s all too easy for anyone to violate one of these laws and never know it. Congress has made it dangerous just to be alive in America, never mind whether you are guilty or not. Like federal child support laws, it’s all a matter of inquisition. Common law is dead.

The truth is that anyone can fall prey to overcriminalization. Civil rights have become secondary to the Rule of Law and I don’t mean Common Law. This law certainly isn’t your grandfathers law. [protected] Legal misadventures happened to racing legend Bobby Unser beginning in 1996. Unser went snowmobiling in the Rio Grande National Forest on the border of New Mexico and Colorado.

He and a friend got caught in a blizzard and were stranded for two days and two nights. They barely escaped with their lives. But that was only the beginning of his ordeal. “Bottom line: Don’t trust any government agency,” he warned. “Stand as clear from them as you can. Stay away from them because they’re not there for your good.”

Unser found himself in the middle of a fight with the U.S. Forest Service, facing a possible $5,000 fine and six months in jail for violating The Wilderness Act. The agency accused him of illegally snowmobiling on federally protected land known as “wilderness area.” The racing champ claimed that even if he was in the wilderness area, it was only when he was lost in the snowstorm. With money in the bank and the idea of principle, Unser decided to fight the charge in court.

“Well, I estimate that we probably spent around $300,000, maybe $350,000 would be my guess,” Unser said. As for the government, they spent millions of dollars in their efforts for prosecute Unser. “At the time we went to court, they’d already spent up somewhere around a million dollars. What – it’s the taxpayers money. They didn’t really care how much it cost,” he said.

In the end, he lost and paid a $75 fine. Now the three-time Indy 500 winner has another title to add to his record: He’s been convicted of a federal misdemeanor for getting lost in the wilderness.

Like many others, Unser blames Congress and the men that run it for the growing number of federal laws.

But it’s not just lawmakers who are at fault. Federal agencies not only enforce the laws, but write their own regulations which also carry criminal penalties. With government involved in everything from the environment to employment to health, anyone can easily get caught in the web of federal laws. The numbers prove it. Between 2000 and 2010, close to 800,000 people were sentenced for federal crimes.

Representative Louie Gohmert, Republican – Texas is among a few lawmakers on Capitol Hill sounding the alarm about the disturbing phenomenon, saying that Congress should re-think stiff penalties on simple accounting errors when filing taxes. In the past 20 or 30 years the number of people in jails and prisons in American has gone up almost tenfold because every time you turn around there are new laws.

One solution is for the House Judiciary Committee to oversee any new regulation that carries a criminal penalty, but this may be akin to having another fox to watch the hen house. The attitude behind the penalties is that Congress wants to appear to be tough on crime, including doubling up where state law is sufficient. It wastes money and doesn’t reduce crime. Orwell’s classic book “1984” states the case where fear is predominant and the violation of federal law is likely. There isn’t enough public awareness or outrage! Sadly, this is already because of fear.
[/protected]

Constitutional Violations and the Patriotic Man

by E. Manning

Truthfully, there is no such thing as a “little Constitutional violation”, as if a violation can really exist in degrees. The legislative and executive branches of our government have grown rather fond of creating their own rules as they go, creating new rules of order with legislative precedence and simple rationalizations in violation of all laws written previously, even the big ones. The Constitution and successive Amendments are simply ignored in the name of tolerance and judgment, while little unchecked constitutional violations grow to become blight that is considerably more rampant. Laws that are drafted aren’t considered in light of the Constitution, but rather from expedience and the playground of good intentions.

One could suppose that if one wanted to be picky, this country has operated outside the Constitution in a rather complete sense from 1776 to 1865, as the annals of national slavery have proved. Slavery worked out very well for millions in this nation. The problem is that this was accomplished with what effectively became a huge subclass of people. During the 1800s, an outside party of foreign-controlled central bankers worked on and off to put this country in their back pocket in a very unconstitutional way. They succeeded fully with the advent of the Federal Reserve in 1913. Yet, somehow the loss of freedom involved with Federal Reserve doesn’t seem too important or even very apparent. Yet, in both of these cases, a subclass of people is always being victimized by established authority whether you recognize them or not.

Just considering these two areas, the nation has only existed on a Constitutional basis for 48 years. However, that doesn’t include the myriad of other lapses, breaches and encumbrances too multitudinous to mention. The quantity could not be contained on this page. It’s almost like spitting into hurricane winds during Hurricane Katrina and few seem to care as long as they get what they want.

Americans can use a similar Constitutional debate with the Internal Revenue Service, government surveillance of citizens combined with other unwarranted surveillance and the creation of a subclass of citizens in the name of children’s rights and federal welfare. The Constitutional lip service by our presidential candidates is significant, notably by John McCain, but proves to be a mere attempt at placating citizens as the words roll off their tongues. When faced with real unconstitutional issues and provisions in this nation, duck and dodge is the order of the day. The presidential campaigns will discuss only what is considered to be most pressing and popular. Congress performs even more poorly. The approval rating of Congress is a mere 9% and they still remain in power to create more Constitutional subversion.

The two-party system in United States doesn’t really measure anything by the values of the Constitution. Perhaps the ACLU and other fine freedom organizations should suggest removing the Constitution and the Amendments in favor of something more workable so that the nation doesn’t continue as a nation of hypocrites. The real problem has been and continues to be accountability. However, as citizens of this fine country, ultimately and collectively, we are the decision makers whether politicians like the truth or not.

In what is supposed to be the nation’s most respected body, military servants are often cowed on both sides, by the authority of their superiors and the authority of law. A patriotic military man has few rights that he can count on other than those he can find. Economically speaking, the military is still the best way to get out of a life of abject poverty and build a better life. What’s more, if you want to live life on the edge of adventure, it can be argued that there is no better place. The military is one place to truly learn the lessons of life.

Drawing men into the military continues to be a challenge. Many men are not entirely ignorant to the problems in the military. They have learned that patriotism is not rewarded, at least not if they are married. When they join the military, the chances are better than 50% that they will end up divorced, with a huge child support debt and in a jail cell on criminal federal child support charges. While this and other statistics can be contested, established fact dictates that government statistics are often skewed and highly arguable. Since the military is a cross-section of the nation and military marriages are under much higher pressure than average, no less than the national average in this area of statistics is acceptable.

Easy divorce provisions, child support entitlements and the inequities of law chronically mistreat men and patriotic men alike. This is a fact that is often downplayed, notably by feminist society and government sources. A gold-digger can marry a military man for one day to take a nice chunk of support when the divorce is final. The argument can be made that military men are not wealthy. That isn’t the point. The gold-digger can dig for gold at the military till without limit, developing a means of self-support through the bearing of children. While this is reprehensible, even more so in the military, it is not entirely uncommon. What is worse, this is often done when the man is on the other side of the world defending and serving the country. The little woman can do as she pleases while the husband pays in spades. The cash comes from his military pay, but if not, it will come out of his patriotic hide when he returns home via the godless Bradley Amendment. Notable are the proved cases where child support is no longer collected by the military and when the ex-husband returns from the hands of the enemy, terrorists or similar circumstances, he is faced with prison at home for non-payment of child support. The decision of a man or woman to stop paying child support after he or she has returned home is not in the direct scope of this commentary.

The man on duty overseas can be hit with a surprise divorce by the little woman, lose every worldly thing he owns while being victimized by a temporary child support order that has little to do with real income. While any child-support is based on income in the beginning, but the reality of income can change quickly based on a large variety of scenarios. The division of real property while the patriotic man is overseas is entirely dependent on the decision of the judge combined with immediate pull of legal strings. The system never automatically address the payment issues after the initial court order beyond the concerns of collection. The burden “of proof” is on the non-custodial parent, yes even the patriotic man, a direct violation of Constitutional Law within itself. He is guilty until proved innocent. As a result, a man can end up owing more in support than he makes and there isn’t a thing that the patriotic man can do. A patriotic man has little help from authorities as they collude to solve their common “problem”. Getting a support modification can be next to impossible in the States, but a modification isn’t any easier in Afghanistan or Iraq. This is a sad fact, not the stuff of fiction.

The authorities have decided that since the patriotic man volunteered to go into service, he bears full responsibility. This is the government position. The patriotic man won’t get a better shake in a system that is designed by default to work in the favor of women and children only. There is no excuse for non-payment of any kind and rights to see children are virtually non-existent, even though decrees are carefully worded to have you believe otherwise. The patriotic man quickly becomes a felon, often without knowing. Strangely, neither the Feds nor the States have taken any action to alleviate the problem of the patriotic man. It’s all about personal responsibility, even if dad is working behind-the-scenes as a Navy SEAL or held prisoner by terrorist factions and presumed missing.

The Bradley Amendment that cements all of this abuse in place violates the Constitution on so many counts that there is no excuse. Yet, feminists and surrogate lawmakers in the 1990s, with the help of George Bush, Sr. and the Clinton Administration brought the debacle together in grand style in the name of welfare reform. The reform has never worked other than to enlarge the size of big government.

Every taxpayer knows that taxes change based on income that is easily proved. If you are employed, the Internal Revenue Service often knows as much about you as you do. Why shouldn’t child and spousal support adjust in the same way? Yet, because of a court order that often cannot be corrected, millions of men and women have become a subclass society of America. There is no justification for treating a divorced man or woman differently from a married one through the violation of Constitutional Rights. Support that is garnered should be against actual income and resources, not figures from a court order at a previous point in time. The impoverished or sequestered have lost the ability to defend themselves and there is little interest in change. There is no forgiveness for the patriotic man, much less the working men of America. The Congress doesn’t concern itself with emergency legislation for patriotic misfits, much less a subclass of American jurisprudence.

As long as the government system is fat and happy combined with a subdued and appeased class of women, even presidential candidates could care less. All presidential candidates have ignored the plight of oppressed non-custodial parents because of fear. In the meantime, men and women continue to be looted without regard, the patriotic man even more so. Soldiers are even being charged for their own equipment, as the patriotic man continues to burn his candle at both ends in the name of God and country, for the honor of the land of the free and home of the brave. The “pressure” of personal responsibility and sacrifice never ends while the authorities take the profits home and use them as they please.

Tag Cloud