Saturday, June 19, 2021

The Bill of Rights In Connecticut

First Amendment: 

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (1)

State's Response:

    "There's no such thing as free speech; there is only approved speech.  And you better not utter any kind of insult; otherwise, you could be going to jail"

Connecticut General Statutes, Title 53, Chapter 939, Section 53-37:

 "Any person who, by his advertisement, ridicules or holds up to contempt any person or class of persons, on account of the creed, religion, color, denomination, nationality or race of such person or class of persons, shall be guilty of a class D misdemeanor" (2)


Second Amendment:

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"

State's Response:

    "We'll tell you what guns you can have, as well as the amount and type of ammunition that you can have.  If you don't register your gun with the state, you have two options; make the gun 'permanently inoperable', or remove it from the state.  That's not infringement of rights, that's 'reasonable gun legislation' (3)

"And yes, we will confiscate your guns if you don't comply" (4)

"Also, in case of attack, don't call the police; they can't do much of anything anyway" (5)


Third Amendment:

"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law"


Fourth Amendment:

"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 issue, 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"

State's Response:

    "Warrant? We don't need no stinkin' warrant!" (6, 7)


Fifth Amendment:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"

State's Response:

    "We can take your property at any time that we want to.  And what do you mean, 'just compensation?" (8)


Sixth Amendment:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense"

State's Response:

    "Agreed, but criminal investigations notwithstanding, one can 'run out the clock' on a civil matter" (9)


Seventh Amendment:

"In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law"

State's Response:

    "We don't have to give you a trial by jury, even if you demand one.  They are granted at the general discretion of the presiding judge"


Eighth Amendment:

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

State's Response (during the COVID pandemic):

    "You organized an event where people weren't wearing masks, or that exceeded size limits? Five hundred dollars, please! Ha ha ha!" (10, 11)


Ninth Amendment:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"

State's Response:

    "What other rights do you think you have?"


Tenth Amendment:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people"

State's Response:

    "See response to Ninth Amendment.  Other than the rights that we approve of you having, you have no rights".  


Sources:

    1. All amendments from "Index Page - The U.S. Constitution Online - Usconstitution.Net". Usconstitution.Net, 2021, https://usconstitution.net. Accessed 19 June 2021.

    2. "Chapter 939 - Offenses Against The Person". Section 53-37. Cga.Ct.Gov, 2021, https://www.cga.ct.gov/current/pub/chap_939.htm#sec_53-37. Accessed 19 June 2021.

    3. "Chapter 529 - Division Of State Police", et al. Cga.Ct.Gov, 2021, https://www.cga.ct.gov/current/pub/chap_529.htm. Accessed 19 June 2021.

   4. Statements made by (Retired) Lieutenant J. Paul Vance, Chief Spokesman, Connecticut State Police.  

   5. "Chapter 104 - Municipal Police And Fire Protection". Section 7-282e. Cga.Ct.Gov, 2021, https://www.cga.ct.gov/current/pub/chap_104.htm#sec_7-282e. Accessed 19 June 2021.

   6. Bybee-Schler, Anna. "Guests Flee Fairfield Party Busted By Cops Amid Virus: Police". Fairfield, CT Patch, 2021, https://patch.com/connecticut/fairfield/partygoers-flee-fairfield-bash-busted-cops-amid-virus-police. Accessed 19 June 2021.

   7. Collins, Dave. "Student's Arrest For Racist Post Sparks Free Speech Debate". ABC News, 2021, https://abcnews.go.com/US/wireStory/students-arrest-racist-post-sparks-free-speech-debate-77776153. Accessed 19 June 2021.

   8. "Kelo V. New London, 545 U.S. 469 (2005)". Justia Law, 2021, https://supreme.justia.com/cases/federal/us/545/469/. Accessed 19 June 2021.

   9. United States District Court, District of Connecticut. Soule V. Connecticut Association Of Schools. 2021. Accessed via https://adflegal.org/sites/default/files/2021-04/Soule-v-Connecticut-Association-Schools-District-Court-Ruling.pdf.  

   10. Scott, Steve. "Lamont Discusses New $100 Fine For Mask Violators In Connecticut". MSN, 2021, https://www.msn.com/en-us/news/us/lamont-discusses-new-dollar100-fine-for-mask-violators-in-connecticut/ar-BB199wE9. Accessed 19 June 2021.

   11. "Governor Lamont Announces Fines For Businesses Violating COVID-19 Rules Increase To $10,000". CT.Gov - Connecticut's Official State Website, 2020, https://portal.ct.gov/Office-of-the-Governor/News/Press-Releases/2020/11-2020/Governor-Lamont-Announces-Fines-for-Businesses-Violating-COVID-19-Rules-Increase-To-10000. Accessed 19 June 2021.

No comments:

Post a Comment