Comments by "Stephen Villano" (@spvillano) on "LegalEagle"
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I still love those who insist that the Constitution protects "the right to life, liberty and the pursuit of happiness", conflating a declaration of war, the Declaration of Independence with the Constitution. The Declaration had no legal standing in the US, that war long being over before we even had a Constitution.
And it ignores that inalienable right of life being forfeited in an executed prisoner, making the right utterly alienable. The same being for liberty, otherwise all prisons, jails and inpatient mental health care facilities unconstitutional entities.
And laughable is the "right" to the pursuit of happiness, as how can one prohibit that?
Frankly, all of the nonsense spouted off is an indictment of our civics education, or more specifically, it's abject failure thereof.
And if English became a mandatory language, would I need to change my old insignia, which reads "de oppresso liber"? There would be some significant resistance to that, with folks one really shouldn't want to fight with.
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@seandobbins2231 save for that whole democracy thing. You know, if one isn't a criminal, specifically a convicted felon, one can run for public office and create policies. Not specialists, whose opinions are known to vary depending upon who is paying for their "services" and well, listening to them while growing up, as often as some physicians told us smoking was bad for us, there were an equal number claiming smoking was good or neutral to one's own health.
Hence, decades of inertia, until finally the prostituted voices got drowned out by their peers - rather than weeded out via self-policing of their ranks, which was intended.
Our largest problem now is that political leadership has ended up selected strongly by largely religious minorities, who are enforcing idiocy and forcing it down a nation's throat, resulting in a race to the bottom and those are the very results we see here.
An upside, due to that idiocy, one party went full Nativist mode and is rapidly destroying itself, just as that Nativist group destroyed the Whig party in the mid-1800's.
Excuse me as I farther calm down. Just detonated at some militia goofball in another channel, who proclaimed all militia members were labeled by our government as domestic terrorists. He won't enjoy the exchange further, as I was unit historian for a historic National Guard unit - one founded under Colonel Benjamin Franklin. And well, lessee... Militia being, by Act preexisting this nation as able bodied males of military age (ages specified by each act and occasionally differing), later updated for females (initially only in the National Guard, but expanded by legislation, but leaving conscription an unresolved question) as unorganized militia and organized being organized militia that was in 1903 given a new fangled nation, the National Guard.
So, he's getting hit over the head with both codified law and history. That seems to make me a liberal in his book, a decidedly odd and telling tell on his part.
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Having sat on multiple juries over the decades, suffice it to say that it's a yuge pain in the ass, tedious, boring, honestly during jury selection, I nearly fell asleep as a prospective juror.
The trials, all of which did go to trial in the civil cases I sat on, slightly more exciting. Around equal between watching grass grow and paint dry.
Never did consider trying to duck it, as it's a duty, not some entertainment venue, something necessary that any good citizen should feel honored to be involved with, despite it being deadly dull and designed to be such. Facts are being found, not excitement and drama. Didn't duck out of my military duties, I sure wasn't going to try to duck out of my more important civic duties!
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In Dennis' case, you also have to consider the liability of having a dangerous carnivore about around a main road on the island.
The electrified fence was laughable, as mains voltage isn't applied to such fences, the voltage is stepped up from mains voltage and only the conductor is charged, the circuit would be to ground that one would be standing on.
Also, the skeletons falling from the ceiling, add in liability as you said, but further damning is, the things would be predicted to fall, as the island is seismically active, so earthquakes would drop them on unsuspecting guests.
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They have absolutely no authority to force me to obey the law of gravity.
Alas, that law enforces itself.
But, the Constitution also states that our federal government must secure and protect the public welfare, given the Constitution itself defines the nation as the people. Not dying from a fairly easily preventable disease most certainly is in the interests of the people and when one is speaking of a pandemic that's national, within the purview of the federal government assisting state and local governments and institutions.
So, Congress cannot pass a law enforcing gravity, but can order masks be worn on federal property and tax and allocate tax dollars to support the states in battling a national pandemic.
States who refuse to allow local counties to manage a pandemic are misguided, as a state government micromanaging, rather than coordinating county and city efforts is a fool's errand that can only go wrong.
Full disclosure: Our youngest daughter, in her mid-30's, contracted COVID-19 a couple of months ago, while she was working at a hospital in housekeeping. That was ascertained to be due to a lack of compliance with hospital procedures by closing COVID-19 patients room doors to prevent the spread to the staff. The hospital, once they became aware of the issue promptly ensured compliance via inspections and training. She's slowly recovering after a couple of weeks of hospitalization.
Our eldest is an RN in a hospital, she's contracted COVID-19, but thankfully remains asymptomatic. The route of transmission for her appears to be related to reuse to failure of PPE, which despite some lying by our national leadership, still remains in short supply. The companies simply can't keep up with, let alone modestly exceed current demand.
I have pre-existing medical conditions, as does my wife, said conditions essentially guarantee our demise if we experience any significant level of exposure, so we mask up when in proximity to other people (it doesn't make sense for when we're simply outside, as we're in a rural area, but entering a store or area congested with people outside, it''s mask time).
Keep the good information coming, Mack! Just had to textually beat down an inlaw's championing a disinformation campaign by the cult Falun Gong's Epoch Times. Disinformation has to be fought with real, true information and while it sucks to find out one is wrong, one feels a lot better once one knows what is true and what is bovine defecation being passed off as food.
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One small problem with one of your arguments. There was no armed mob, hence why seditious conspiracy were some of the many charges and not treason. Taking up arms against the government being, not sedition, but treason. As best I recall, only one individual was armed and thankfully, didn't utilize their weapon, making such an assertion still dicey. Now, had the oathbreakers "QRF" taken up their arms, they'd have perfected treason for all and those convicted of seditious conspiracy would've been on the hook for the full ride on treason, complete with being open to writ of attainder and corruption of blood. They didn't, so the charges are seditious conspiracy, with a few convictions thus far and the other cases ongoing.
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