Just thought I'd write up a response to something I saw on Facebook today.
In an opinion piece that has been re-posted by a friend of mine, author Cree Hardegree talks about the current situation in Afghanistan. She writes:
Just thought I'd write up a response to something I saw on Facebook today.
In an opinion piece that has been re-posted by a friend of mine, author Cree Hardegree talks about the current situation in Afghanistan. She writes:
Posting this as a retort to an article posted by a friend of mine.
"Q: What did the Confederacy stand for?
It has come to my attention that, as of 11:15 Eastern Time this morning, the Capitol Building in Hartford has been re-opened to the public (1). At the time that I wrote "Twenty Rights", this fact was unbeknownst to me. Let the record show this as a correction of sorts.
Via the "Declaration of Rights", Constitution of the State of Connecticut (1).
1. All men when they form a social compact, are equal in rights; and no man or set of men are entitled to exclusive public emoluments or privileges from the community.
Status: In Place
2. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
Status: VIOLATED (as of this writing, the Capitol Building in Hartford is not open to the public) (2)
3. The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in the state; provided, that the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state.
Status: In Place
4. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty.
Status: VIOLATED (see "Ridicule Law", Connecticut General Statutes Title 53 Chapter 939, Section 53-37) (3)
5. No law shall ever be passed to curtail or restrain the liberty of speech or of the press.
Status: VIOLATED (see above)
6. In all prosecutions or indictments for libels, the truth may be given in evidence, and the jury shall have the right to determine the law and the facts, under the direction of the court.
Status: In Place
7. The people shall be secure in their persons, houses, papers and possessions from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.
Status: VIOLATED (police have been known to plant "evidence", as well as enter homes without having a warrant or consent to do so) (4, 5)
8. In all criminal prosecutions, the accused shall have a right to be heard by himself and by counsel; to be informed of the nature and cause of the accusation; to be confronted by the witnesses against him; to have compulsory process to obtain witnesses in his behalf; to be released on bail upon sufficient security, except in capital offenses, where the proof is evident or the presumption great; and in all prosecutions by indictment or information, to a speedy, public trial by an impartial jury. No person shall be compelled to give evidence against himself, nor be deprived of life, liberty or property without due process of law, nor shall excessive bail be required nor excessive fines imposed. No person shall be held to answer for any crime, punishable by death or life imprisonment, unless on a presentment or an indictment of a grand jury, except in the armed forces, or in the militia when in actual service in time of war or public danger.
Status: VIOLATED (see explanations of Amendments 6-8 to the US Constitution, "The Bill of Rights In Connecticut") (6)
9. No person shall be arrested, detained or punished, except in cases clearly warranted by law.
Status: In Place
10. All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.
Status: VIOLATED (as of this writing, many courts are not open to the public) (2)
11. The property of no person shall be taken for public use, without just compensation therefor.
Status: VIOLATED (see "Kelo v. City Of New London") (7)
12. The privileges of the writ of habeas corpus shall not be suspended, unless, when in case of rebellion or invasion, the public safety may require it; nor in any case, but by the legislature.
Status: In Place
13. No person shall be attainted of treason or felony, by the legislature.
Status: In Place
14. The citizens have a right, in a peaceable manner, to assemble for their common good, and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by petition, address or remonstrance.
Status: Semi-violated (see restrictions on large gatherings, Capitol Building being closed to the public) (2, 7)
15. Every citizen has a right to bear arms in defense of himself and the state.
Status: VIOLATED ("right to bear arms"? Are you kidding me? Limits on types of guns, amount/type of ammunition used. Mandatory gun registration; gun confiscation for those non-compliant) (8)
16. The military shall, in all cases, and at all times, be in strict subordination to the civil power.
Status: In Place
17. 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.
Status: In Place
18. No hereditary emoluments, privileges or honors, shall ever be granted, or conferred in this state.
Status: In Place
19. The right of trial by jury shall remain inviolate.
Status: VIOLATED (see explanation of Seventh Amendment to the US Constitution, "The Bill of Rights In Connecticut") (6)
20. No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his civil or political rights because of religion, race, color, ancestry or national origin.
Status: In Place
Today's news comes to us courtesy of the world of amateur sports.
On Wednesday (according to reports), officials at USA Track and Field ruled that "transgender" hurdler Cece Telfer is ineligible for the US Olympic Trials in that sport (1). This story has piqued my curiosity; as such, I hereby address the Connecticut Interscholastic Athletic Conference (CIAC).
The national team ineligibility of this athlete notwithstanding, it seems that if Telfer was enrolled at a Connecticut high school, (she?) would be allowed to participate in associated competitions (2). I must question why this is so. Being that Telfer is ineligible for the national Olympic team, what makes the athlete eligible regarding sports in Connecticut?
All concerns about "equal opportunit(ies)" aside, it appears that CAS/CIAC is endorsing a double standard (see Note 1). They defend themselves by saying that it is "unjust" to prohibit athletes such as Telfer from competition. However, as has been shown in the organization's behavior in the case of Soule v. Connecticut Association of Schools, CIAC cares not for "fairness"; they only care about their own agenda (2, 3).
Sadly, female high school athletes in Connecticut have not had any viable chance at success for over a year. It appears that it will be a while before justice is (possibly) done in this case (see Note 2).
Now, a final personal note to CIAC and the Second Circuit Court of Appeals. As the saying goes, "justice delayed is justice denied". It behooves both parties to keep this in mind (see Note 4).
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".