How to Strike Down Age-Based Status Offense: Brain Developement

For any of you who are for legal age 21 rely on the "brain developement" argument, which is the strongest argument applied. However, if even moderate & responsible consumption of alcohol under 21 really did cause brain damage & alcoholism, then most of Western Europe's population would be brain damaged alcoholics. Most baby boomers would be alcoholics too & nearly every US State & Canadian Province that didn't have prohibition before 1919 had absolutely no drinking age or war on drugs at all. Were New Yorkers more Alcoholic than North Dakotans throughout much of the 20th century? This is gonna shock the neo-prohibitionists when I tell them that North Dakota is the most alcoholic state in America, despite a legal drinking age of 21 since prohibition. Canada has less problems with alcoholism & drunk driving because laws against dangerous driving are actually enforced instead of harassing responsible drinkers who DONT drive after drinking. Does that make sense? I hope so, & what's awful is the legal drinking age of 21 was paraded as the best solution to curb drunk driving over every other common sense measure such as strict enforcement against dangerous driving & seeking justice for victims. America is a backwards country when it comes to this issue. Is it better for society to accept people damaging their brains with excessive alcohol abuse after they turn 21 while pretending to curb alcohol abuse by punishing 20 year olds and under for sipping beer regardless of how responsible they are; or is it best that the truth be heard, alcohol education teaching people the difference between the use & abuse of substances, & alcohol abuse & deadly driving at ALL ages be condemned as a social infidelity? Neo-prohibitionist scaremongers like D.A.R.E. have failed to prevent substance abuse by bombarding students with treachery & lies.

“If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”-Joseph Goebbels, Nazi Propaganda Minister

The Neo-Prohibitionist elitists such as M.A.D.D. use the majority to help promote their agenda & suppressing all dissent sounds like a wonderful thing for tyrants to accomplish!

How to Strike Down Age Based Status Offense: Types of Arguments to be used

Some of the arguments are either to win hearts & mines or make legal case:

• Brain Developement
• Responsible Habits
• Drunk Driving & Blood Borders
• Social Consequences of Bad Policy
• Legality

How To Strike Down Age-based Status Offenses:scenario

Note: This is Just a fictional Story
An 18 year old college freshamn Wendy Theyer has been accused of Minor In Possession of an Alcoholic Beverage & Carrying a Handgun under the age of 21 in Pima County, Arizona. Underage drinking & minor in possession are two misdeamenor counts while carrying of a handgun by person unauthorized to carry one is a low level felony when she was also in possession of an alcoholic beverage underage. When Theyer goes to court, her 31 year old lawyer, Samuel Redding with the assistance of law students from Florida & Minnesota, argues that the charges should all be dropped on account that it discriminates against youth & provides a harsher penalty for those under 21 & that the charges violate the right to keep & bear arms & the sovereignty of the body including consumption. Nobody was harmed by Theyer's actions & that she is very responsible as her grandfather taught her how to handle guns in a responsible manner & her grandmother taught her responsible use of alcoholic beverages & that these laws punish her because of the actions of a few her age or even above. Redding also cites Hernandez v. Texas, Griswold v. Connecticut, In Re Gault, In Re Winship, DC v. Heller, & McDonald v. Chicago. County Judge Irene George rejects Redding's motion for dismissal & invalidation of the laws Theyer is accused of violating. On top of that, most jurors are in their mid to late 30's with only one jury under 30. Redding's motion to have new jurors more age friendly to Theyer were also rejected.
Wendy Theyer was convicted on all counts & sentenced by Judge George to 3 years & 6 months in prison. Redding has filed an appeal to the court of appeals while he enlists some college students & some of Wendy's friends to appeal to the legislature in hopes of repealing these unjust laws & guarenteeing a fair trial. Theyer holds a deadly grudge against Judge George while in prison & believes that if peaceble solutions fail, she would resort to violence, citing Thomas Jefferson's statements.
Redding himself was a victim of discrimination & repression, being arrested at age 19 for Minor in Possession & Using a Fake ID to buy alcohol. Plea bargin allowed him to be convicted of just one count of minor in possession. After that, he left the United States for Canada, settling in South Manitoba. He held deep anti-American sentiment & spoke out again many Americans, calling them hypocrites & cowards in Bars. He would burn the American Flag on a regular basis to show his anger for the corrupt political system & loss in faith in the court system. He even held radical views that the only way to bring justice to America again would be a violent revolution in which the Federal Government of America would be violently overthrown and the Confederate States of America would rise from the ashes like a phoinex. He even thought of Islamic terrorists very favorably & called World Trade Center Bomber Ramzi Yousef & Oklahoma City bomber Timothy McVeigh heroes. His anger worsened after McVeigh's execution & even burned the American Flag in public during the summer of 2001 & was arrested twice for disorderly conduct by Winnepeg, Manitoba police with charges being dropped on grounds that he was within his free speech rights to burn the American Flag.
When terrorists hijacked planes & struck both the WTC towers & the Pentagon on September 11, 2001, Redding shamelessly & proudly yelled on the streets of Winnepeg in cheer yelling "Serves those hypocrites right! It's about time the federal government of America realized the error of their ways! Death to the American regime! Death to the Nazi US Military! Death to the Fuhrer in the White House & his F-ing cronies! I hope this sends a message that Thomas Jefferson & Patrick Henry were right!" His morale for terrorism against thec US Government was dangerously High & even lost his job because of his support for terrorism in wake of the 9/11 attacks. He replied "Fine! I don't need you ya Yankee prick! You're just as bad as many hypocritical American scum! I hope you die in a terrorist attack!" For the next eight years, Redding celebrated September 11 as a holiday, going out to the bar & having a great time, laughing the night away. He moved to Edmonton, Alberta after he lost his job in October of 2001, hitting the casino's, playing blackjack & winning enough income to support himself. He worked at nightclubs in Edmonton, but he became unstable to the point that he developed personalities like Ramzi Yousef & Timothy McVeigh's.
At the age of 28, he was pardoned for his so called "crime" & his criminal record was expunged. At that point, he started to realize that terrorism against civilians was wrong & that he couldn't run from his past any more. He studied law since he moved back to the United States, moving to Arizona & passing the bar exam. At that point, he felt reborn & ready to take his first case & oppertunity. He would still hold views that it is every person's right to alter or abolish government. Redding was angered by many Americans because they lack respect for the values the founders had in the foundation of America.

How to Strike Down an Age-Based Status Offense: Introduction

Brave & fierce lawyers such as John W. Davis & Gus Garcia have argued before the US Supreme Court on a mission to recieve justice for their clients. Their legal arguments have been crafted masterpieces that have won the US Supreme Court's favor in creating landmark cases. Davis argued on behalf of the plaintiff in Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) that the President had no authority to seize property without some enumeration under Article two or statutory authorization by congress. The US Supreme Court agreed with Youngstown Sheet & Tube Co. by 6-3 majority.
In 1951, a hispanic farmer Pete Hernandez was accused of murder in a Texas town. Gus Garcia, a hispanic lawyer, was Hernandez's counsel who argued that the jury selection of all anglo-saxons was unconstitutional because no hispanics were even considered for jury duty. No hispanic in the county Hernandez was tried was able to serve on jury in over 25 years. The magistrate rejected Garcia's motion to have his client's jury reformed on the grounds that as a hispanic, Hernandez was classified as white & the jury selected was white was well. Hernandez was convicted of murder & sentenced to life in prison by the all anglo-saxon jury. All attempts to reverse Hernandez's conviction through litigation in the state courts have failed. The US Supreme Court granted certerari & held oral arguments in January of 1954. Garcia argued the "Black/White" composition of legal classification for hispanics breeded injustice & blanket discrimination as a way for anglos to oppress hispanics without making it look that way. On May 3, 1954, the US Supreme Court unanimously ruled that equal protection does not make exceptions for discrimination. Before Hernandez v. Texas, equal protection was mainly classified as protecting mostly African-Americans from discrimination. The Hernandez v. Texas decision opened a gate towards applying the same freedoms under English tradition to other suspect classes, not just persons of European & African descent.
Another case I wish to share is DC v. Heller in which libertarian attorney Alan Gura argued on behalf of Heller that the right to keep & bear arms is an individual right using masterpiece arguments. On June 26, 2008, the US Supreme Court ruled by 5-4 that right to keep & bear arms is an individual right. However, this fundemental right is still severly limited as lower courts hardly strike down gun control.
I Blame a corrupt & broken court system on spoil system style appointment for political reasons where judges are able to get away with making any ruling they want, regardless of what the framers intended. I'll post the arguments on my next blog.

No Harm, No Foul v. Obey & Submit: Introduction

Free societies respect No Harm, No Foul more because this principle means that one has freedom & responsibility to do what he wishes so long as the rights others enjoy are not violated. If someone is harmed or something broken due to someone's reckless and/or deliberate actions, the perpetraitor is responsible for redeeming the damages done. Authoritarian societies rely on Obey & Submit to retain power & if someone disobeys the laws government makes, regardless of harm done to society or individual(s), that "criminal" is punished to a fixed term regardless of dmage done.
America, Canada, Australia, & New Zealand are supposed to be free societies. Canada, Australia, & New Zealand are more stable & freer countries than the United Soviet States but still suffer some difficulties such as repressive gun control laws in Canada & Australia, although New Zealand has gun laws more liberal than Canada & Australia, NZ still has some gun control laws that are damning to liberty. The United States is not much different & has some Gun Control laws stricter than New Zealand's such as age restrictions for purchase (16 in NZ, 21 for handguns in the US). Freedom of the press is endangered in the United States as protesters & reporters are harrassed & arrested by gestapo police like in the Soviet Union & Cuba & the US ranks 47 in press freedom. Australia ranks 30, New Zealand in 20's & Canada 10. Economic freedom has taken a hit in the US, AUS, NZ, & Can as self serving politicians have rejected the will of the people they are supposed to represent.
Terrorists don't attack America because of freedom & prosperity because if they did, then terrorists would attack Hong Kong & Switzerland, countries with more economic freedom & prosperity. America is actually less prosperous than Hong Kong, Switzerland, Lichtenstein, Monaco, Macau, & Chile for examples. Good people's lives are ruined because of Obey & Submit.
Countries that follow the Obey & Submit approach to lawbreakers are authoritarian-totalitarian regimes like North Korea, Cuba, & Venezuela where if you don't obey whatever law they have on books no matter how repressive & non-violative of anyone's rights, you will be imprisoned & harshly treated. North Korea is beyond any doubt the most tyrannical, repressive & restrictive regime in the world today where big brother is watching over the subjects 24/7, people get arrested for pretty much anything the regime dislikes such as even talking negatively of the Supreme Leader of North Korea, showing any signs of non-conformity or disobedience to the regimes laws. North Korean subjects can't own cars for private ownership nor is private property allowed. North Korea experienced a massive famine in the mid 1990's, devastating North Korea's people. The foreign aid that North Korea recieved from South Korea & the United Soviet States ended up being eaten by Kim Jong-il & his regime when the subjects were supposed to recieve it.
In the 1980's, Communist Romania was ruled a tyrannical & cowardly dictator Nicolae Ceasceau who lived a life of luxury while people suffered from lack of heat & electricity due to government rationing. In December of 1989, Romanians had enough & decided the only way to become free is to overthrow Ceasceau & Communist Romania for good! Anti-Communists became victors on Christmas Day of 1989.
Kim Jong-il has kept cowardly propaganda & cult of personality to an ultimate high so his subjects don't rise up & overthrow him just like the subjects of Romania did to Ceasceau in December of '89. What happened in Romania Christmas of 1989 is redeeming the social contract theory created by English Philosopher John Locke who argued that people have the right to alter or abolish any government as they wish & in extreme circumstances violently overthrow it.
It's not a smart idea to try & overthrow the United Soviet States government due to their nuclear weaponry, advanced military technology. Fighting the USSA military is like trying to fight the USSR Red Army. The USSR dissolved despite being a superpower. As many of the Soviet Union's satellite states fell & many of it's republics declared independence, the Soviet Union fell Christmas 1991 when Russia declared independence & as the USSR's successor state.
The United Soviet States is going to collapse like the Soviet Union by 2020 due to economic turmoil & bad foreign relations. It's very important that states start declaring independence from the USSA before another superpower takes them with the USSA. The New Country to be formed should be the New Confederate States of America proposed on it's website http://www.newconfederacy.com/, I just found this website & it's not mine. It's proposed constitution is the greatest legal document I've ever seen that has yet to be ratified.

The United States as the Union of Soviet Socialist Republics

America is suffering from moral & civil unrest that will only destroy the culture of what America once was. The definition of a free society under classical liberalism was freedom to be left alone which is what America's founding fathers fought for. The definition of a free society under socialism is being nannied from cradle to grave with no freedom of choice & responsibility. The now deceased Confederate States of America believed in the principles of classical liberalism that George Washington, Thomas Jefferson, Benjamin Franklin, Samuel Adams & James Madison fought for in the late 18th century. The Soviet Union believed in the principles of communism & state slavery of the economy that was achieved in the 1917 Russian Revolution. The definition of a free society in the United & Confederate States of America was the freedom to be left alone & live life how you as an individual sought fit. The Union of Soviet Socialist Republics definition of a free society was welfare & oppression of free markets. Well, the United States has become the new Soviet Union. A more appropriate name for the new Amerika would be the United Soviet States of Amerika which has evolved since 1865, when the Confederate States of America was murdered in cold blood by what was supposed to be the United States of America. Although communist style central planning of the economy did not go to the extreme until Franklin Deficit Roosevelt's Raw New Deal in 1933, the bolshevik style overthrow of a legitimate government in 1865 proves my point that the United States of America died when Fuhrer Abraham Lincoln came to power on March 4, 1861, declaring his intentions to wage war on the seceding states that refused to enforce protectionist tarriffs. Of course, the US Constitution wasn't replaced but the federal courts have had the final say on federal power for nearly 150 years. The USSR has had severe moral decay throughout it's history with people living like sheep, being afraid to assert themselves on pain of bodily harm by the government. The USSA & USSR were the two superpowers during the Cold War from the late 1940's to 1990 with the fall of the Soviet Union. The United Soviet States of Amerika is very indentical to the former Union of Soviet Socialist Republics in many ways.

My Proposed Constitution: Legislative Branch Part 3

Section seven: Power of Parliment

• Parliment shall have the power to collect taxes on imports, excises, & customs to be used only as revenue for spending to support an enumerated power, pay off debts, provide for the common defense & promote the general welfare;no tax nor tariff shall be levied at a rate more than 25% of the value of the taxed object & tax laws shall be uniform throughout the several states. Should the tax fail to meet the following criteria, it shall hereby be null & void.
• To borrow money on credit of the Confederate States of Australia only if absolutely necessary, with no less than 2/3 majority vote & approval by majority of voters in 3/4 of all states.
• To enforce barriers on states imposing protective tarrifs on out of state & foreign goods in favor of intrastate commerce.
• To establish uniform laws on immigration, citizenship, & protecting all borders from invasion & foreign threats to the health & security of the several states.
• To mint money & recognize Platinum, Gold, Silver & Copper as the only legitimate standards for currency based on money supply & value of foreign currencies. Fiat currency, currency without any of the precious metal standards shall be declared an invalid currency. There shall be no monopoly on money.
• To enforce laws against counterfeiting legitimate currency & provide for the punishment thereof
• To establish tribunals inferior to the Supreme Court of the Confederate States of Australia
• Define & punish piracy & serious crimes committed on the high seas & offenses against law of nations
• To declare war, grant marques of reprisal & make laws concerning captures on land & water
• To punish foreign terrorists & their accomplices for attacks against the several states of the Confederate States of Australia
• To make diplomatic relations with foreign nations
• To raise, maintain & support militias to protect the confederation against foreign attacks & espionage as well as enforcing confederal laws. No standing armies shall be maintained during times of peace nor shall they be used for domestic law enforcement.
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