Tag Archives: United States Constitution

Why Americans Should NEVER Talk To The Police: A (Relevant) Legal Perspective

These are strange, distressing times for America. As an American myself, I’ve never been more concerned or pessimistic about the future of the country I love. There are many reasons for that. But rather than get overly political and go on another rant, I want to offer some important advice to any American who might find this.

Regardless of what you see in the news or in rage-baiting headlines, you still have rights under the Constitution.

The current people in power have shown time and again that they are very willing to undermine those rights. You cannot let them. As an American, it is your responsibility to protect and defend those rights. Believe it or not, you do have the law on your side, even if those enforcing it would have you believe otherwise.

To understand, I’d like to refer to an old YouTube video from 2012 that I often share with people who don’t understand the law, the Constitution, or rights in general. It’s a lecture from a former criminal defense attorney at a law school. He makes the case better than anyone before or since that you, an American citizen, should never under any circumstances talk to the police.

It doesn’t matter if you’re innocent. It doesn’t matter if you’ve never broken a single law in your entire life. Thanks to the Constitution, specifically the 5th Amendment, you have the right to not talk to the police. And you should use it. If you want to know why, just watch this video and share it with everyone you know.

Hopefully, you now understand and will act accordingly, should you ever encounter the police or any law enforcement official. There are plenty of other videos on YouTube that document police encounters. But this one is still the most informative from a purely legal perspective.

Also, I would supplement this video with a few other details that are worth mentioning. If the police ever knock on your door, don’t open it unless you have a screen door separating you and the officers. Unless they have a warrant, they cannot legally enter your home by force.

And if possible, record your encounter and let the officers know that you’re recording. It doesn’t matter if they have body cameras. Make sure you document every detail of the encounter. And make sure the video you’re recording is stored somewhere other than your phone. If you ever have any legal issues, that video will be instrumental.

Lastly, and this is something that I doubt the men in the video could’ve foreseen, but these rights apply to everyone in the United States, regardless of their citizenship status. It doesn’t matter what anyone in the reactionary media say. The language of the 14th amendment is very clear.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Note the bold text. It says person and not citizen. Anyone who claims otherwise is an idiot, a liar, or both.

I really wish I didn’t have to make a post like this for my fellow Americans, as well as those aspiring to be American. But these are the times we currently live in. They suck. They’re probably going to get a hell of a lot worse. But at least for now, the Constitution says you have rights. And now, more than ever, you should cherish and defend them.

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Happy 4th Of July!

Today is the 4th of July.

For many of my fellow Americans, this is a day of celebration that’s likely to include cookouts, fireworks, cold drinks, and any number of patriotic displays. Whether it takes the form of a parade, waving American flags, or just wearing something red, white, and blue, this is the time to celebrate the best our country has to offer. As an American, I intend to do my part.

I’ve got a six-pack of beer.

I’ve got a pack of hot dogs.

I’ve got burger patties, buns, and enough ketchup to last for the rest of the summer.

And not far from where I live, there’s a fireworks display that I can usually see from the roof of my home. I am as prepared as any citizen can be to celebrate America. And I intend to do so.

Now, I understand it has become difficult for many Americans to celebrate when news, politics, and social ills seem populate our media feeds at every waking hour. I freely admit that the constant barrage of soul-crushing, heartbreaking, and utterly infuriating stories has affected me. I’ll even freely admit it has weakened my once robust faith in humanity.

The fact that 2024 is an Election Year is also not lost upon me, but I’d rather not dwell on that today.

I freely admit America has its flaws, as a nation and as a society. You don’t have to look too far back in history to find those flaws. You also don’t have to look hard to find major flaws today. But that’s okay. Every nation and every society that has ever existed has had flaws. That’s because human beings, as a whole, are very flawed. But that’s all the more reason to strive to be better versions of ourselves.

As Americans, we can certainly do better on many fronts. But for today, let’s just set the politics and social issues aside. Let’s table our many problems for a brief moment to just acknowledge how far we’ve come. America, for all its flaws and missteps, is a wonderful nation full of amazing people.

That’s worth celebrating.

That’s worth cherishing.

That’s worth sharing good food, cold drinks, and some fireworks on a hot summer day.

There will be plenty of time to confront the many issues facing this country and its role in the world. For now, let’s celebrate!

To my fellow Americans, Happy 4th of July!

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My (Genuine) Worries About Election Day 2022

It’s almost here, my fellow Americans.

Election Day is almost upon us.

As per the constitution, Election Day occurs on the first Tuesday after the first Monday of November. That means November 8, 2022, is a day every American should have marked on their calendar. Whatever you’re doing that day, please plan on voting, if you haven’t already. Make whatever accommodations you need, be it time off work or finding transportation. It’s not just an important responsibility, as an American. It may very well be necessary for the continued survival for this country, as we know it.

I know that sounds a little dire and hyperbolic. I also doubt I’m the first one you’ve seen make such a claim. Doom and gloom tends to come with every election. Every year, it seems, the election is framed as the most important election of our collective lifetime. I think I’ve heard that message in some form or another since I became old enough to vote. As a result, it’s hard to take seriously.

That being said, this year is different.

Yes, I know every year is different, by definition. But 2022 brings us a unique set of circumstances the likes of which this country has not encountered before.

This year, we’re not just voting for new candidates to represent us at multiple levels of government. We’re voting on the continued existence of real democracy, itself.

This time, it’s not hyperbole or a marketing gimmick. This a real, tangible issue that we can’t avoid.

That’s because this year, a sizable chunk of the American electorate will have to vote on a ballot in which at least one candidate still denies the validity of the 2020 election. That is not a trivial issue to overlook.

We’re not talking about radically different opinions on tax policy, budget allocations, or welfare programs.

We’re talking about people who believe an election is not valid if their side loses. That’s not a simple difference in opinion or political ideology. That’s an unequivocal denial of both democracy itself, as well as reality.

Now, I don’t want to get too heavy into the objectively absurd claims that a bunch of right-wing whiners have been making about the 2020 election. There’s are plenty of legitimate news outlets that counter those claims and provide clear evidence that the results of the 2020 election reflected the will of the American people. If you are someone who refuses to accept that for whatever reason, then I’m sorry. You’re no better than a creationist and a flat-Earther at this point.

But regardless of how provably wrong such claims are, plenty of candidates, mostly within the republican party, cling to this absurdity. What makes it even worse is that a non-insignificant part of the electorate believes it too. And they will vote for candidates who share those beliefs, no matter how wrong they are or how stupid, corrupt, or cruel the candidate is as an individual.

I’m convinced these people would vote for Satan, Lex Luthor, and the corpse of Ted Bundy if it simply told them they would vote in line with their regressive Christian Nationalist platform. And make no mistake, that platform is completely un-American with respect to democracy, human rights, freedom, liberty, and overall decency to your fellow human being.

These individuals, as well as the people who vote for them, may sincerely believe they’re right. They may truly believe that anyone less conservative than Pat Robertson eats babies, worships the devil, and wants to utterly destroy America. But those individuals cannot and should not be taken seriously in any society that seeks a healthy democracy. These people are in a dangerous death cult.

The cult leaders are exploiting them for money, power, and exploitation.

The cult followers are enabling them by actually voting for these sociopaths.

Now, here in 2022, they’ve so weakened democracy and so polarized the country that they’re within a handful of votes from holding real positions of power. And once sociopaths have power, they never give it up willingly. If enough of them do get elected, they won’t just further the agendas of election deniers and Christian Nationalists. They will make it so that it’s much harder to vote them out of office and it’s much easier for them to hold onto power, even when the vast majority of the American people don’t share their positions.

It’s already been happening due to voter suppression and gerrymandering. It’s no longer enough for the will of the people to be against them. The people actually have to vote in overwhelming numbers to at least hinder or slow these sociopath’s pursuit of power. But if that doesn’t happen this year, then expect it to get much worse in the years to come.

Power seeks more power.

The powerful will always pursue greater power.

It has played out in history many times within many societies. America is not immune to it. All it takes for democracy as we know it to end is for people to willingly elect those who undermine it. At that point, your vote truly doesn’t matter. And America, as we know it, changes into whatever these sociopaths desire, be it a Christian theocracy or a corporate-owned oligarchy.

I don’t want that for the country I love.

Most Americans don’t want that.

But the only way to stop it is to vote in such overwhelming numbers that these right-wing sociopaths never gain the power they seek. That’s not to say those on the other side of the spectrum are angels. They’re not. I’m not too fond of the democratic party in America, but at least the candidates on that side actually believe in empowering people to vote, rather than subverting it. And for America to continue, as a functioning free society, we need to retain that, as well as improvement. We certainly can’t expect those who deny the 2020 election and objective reality to do the same.

So please, my fellow Americans, do what you can to vote this year.

Do whatever it takes.

Because this year, it’s not just a choice between a republican or a democrat.

It’s a choice between someone who believes in democracy and someone who seeks to destroy it for their own selfish benefit.

If you need resources, please use the following link:

https://www.usa.gov/voting

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