— The most carefully concealed skeleton in Judges' closets.Dred Scott was born a slave in Virginia in 1795. Little is known of his early years. In 1820, he was taken by his owner, Peter Blow, to Missouri, where he was later purchased by U.S. Army Surgeon Dr. John Emerson. After purchasing Scott, Emerson took him to Fort Armstrong, which was located in Illinois. Illinois, a free state, had been free as a territory under the Northwest Ordinance of 1787, and had prohibited slavery in its constitution in 1819 when it was admitted as a state.
In 1836, Emerson moved with Scott from Illinois to Fort Snelling, which was located in the Wisconsin territory (in what would become the state of Minnesota). Slavery in the Wisconsin Territory (some of which, including the location of Fort Snelling, was a part of the Louisiana Purchase) was prohibited by the United States Congress under the Missouri Compromise. During his stay at Fort Snelling, Scott married Harriet Robinson, a slave who had been acquired by Emerson at the fort.
In 1837, the Army ordered Emerson to Jefferson Barracks Military Post, south of St. Louis, Missouri. Emerson left Scott and his wife at Fort Snelling, where he leased their services out for profit. By hiring Scott out in a free state, Emerson was effectively bringing the institution of slavery into a free state, which was a direct violation of the Missouri Compromise, the Northwest Ordinance, and the Wisconsin Enabling Act.
Before the end of the year, the Army reassigned Emerson to Fort Jesup in Louisiana. There Emerson married Eliza Irene Sanford in February 1838. Emerson sent for Scott and Harriet, who proceeded to Louisiana to serve their master and his wife. While en route to Louisiana, Scott's daughter Eliza was born on a steamboat underway along the Mississippi River between Iowa and Illinois. Because Eliza was born in free territory, she was technically born as a free person under both federal and state laws. Upon entering Louisiana, the Scotts could have sued for their freedom, but did not. Finkelman suggests that in all likelihood, the Scotts would have been granted their freedom by a Louisiana court, as it had respected laws of free states that slaveholders forfeited their right to slaves if they brought them in for extended periods in a free state. This was Louisiana state precedent for more than 20 years.
Toward the end of 1838, the Army reassigned Emerson to Fort Snelling. By 1840, Emerson's wife Eliza returned to St. Louis with their slaves Scott and Harriet, while Emerson served in the Seminole War. While in St. Louis, she hired them out. In 1842, Emerson left the Army. After he died in the Iowa Territory in 1843, his widow Eliza inherited his estate, including the Scotts. For three years after Emerson's death, she continued to lease out the Scotts as hired slaves. In 1846, Scott attempted to purchase his and his family's freedom, but Eliza Irene Emerson refused, prompting Scott to resort to legal recourse.
Dred Scott v. Sandford, 60 U.S. 393 (1857), was a landmark decision by the U.S. Supreme Court in which the Court held that African Americans, whether enslaved or free, could not be American citizens and therefore had no standing to sue in federal court and that the federal government had no power to regulate slavery in the federal territories acquired after the creation of the United States. Dred Scott, an enslaved African American man who had been taken by his owners to free states and territories, attempted to sue for his freedom. In a 7–2 decision written by Chief Justice Roger B. Taney, the Court denied Scott's request. For only the second time in its history the Supreme Court ruled an Act of Congress to be unconstitutional.
Although Taney hoped that his ruling would settle the slavery question once and for all, the decision immediately spurred vehement dissent from anti-slavery elements in the North, especially Republicans. Most scholars today (as did many contemporary lawyers) consider the ruling regarding slavery in the territories to be dictum, not binding precedent. The decision would prove to be an indirect catalyst for the American Civil War. It was functionally superseded by the Civil Rights Act of 1866 and by the Fourteenth Amendment to the United States Constitution, which gave blacks full citizenship. As of 2007 it is widely regarded by scholars as the worst decision made by the United States Supreme Court.
But Schlafly’s most startling revelation is the origin of judicial supremacy. The tyranny of judges stems not from the modest claims of Marbury v. Madison but from the infamous Dred Scott decision—the most carefully concealed skeleton in the judicial supremacists’ closet. In spite of everything, Schlafly concludes, the Constitution is on democracy’s side. It provides all the tools necessary—if only we’ll use them—to rescue America from the tyranny of judges.
The Supremacists - The Tyranny of Judges and How to Stop It
The gravest threat to American democracy is the supreme power of judges over political, social, and economic policy. In this bracing indictment, Phyllis Schlafly exposes the courts’ fifty-year conquest of legislative authority, made possible by presidents, congressmen, and voters who surrendered without a fight. The Supremacists is both a warning that self-government is in peril and a battle plan for overthrowing the tyranny of judges.
The gravest threat to American democracy is the supreme power of judges over political, social, and economic policy. In this bracing indictment, Phyllis Schlafly exposes the courts’ fifty-year conquest of legislative authority, made possible by presidents, congressmen, and voters who surrendered without a fight. The Supremacists is both a warning that self-government is in peril and a battle plan for overthrowing the tyranny of judges.
The Constitution’s system of checks and balances between the three branches of government has been an illusion for decades. The reality is an increasingly brazen judicial supremacy. Judges dictate fundamental social policy, impose taxes, manage schools and prisons, and orchestrate elections. In short, Americans have exchanged the rule of law for the rule of judges.
The Supremacists begins with a survey of a half-century of judicial legislation. Chapter by chapter Schlafly reveals the astonishing scope of judicial ambition. Without any constitutional mandate, judges have banned the public recognition of God, redefined marriage, undermined national sovereignty, released a flood of pornography, institutionalized feminist dogma, and handicapped law enforcement.
Feminists use false statistics on domestic violence and child abuse to demonize fathers. A few examples of corrective statistics: "Single mothers are the most likely physical abusers of children," saidBaskerville. "
Of child murders, 55% are done by the children's own mother, only 6% by the children's father. Most child sexual abuse in the home is by boyfriends and stepfathers." Thus, he said, "divorce greatly increases the risk to children." And who wants all these divorces? The stereotype of the man leaving his faded middle-aged wife for a younger woman is false, at least when children are around. "At least two-thirds of divorces when the couple has minor children are desired by the woman and not the man, and things like violence, adultery, or abandonment are rarely the reason for these divorces," said Baskerville--who added that women have more incentive to divorce because they know social workers and courts will grant them custody and child support. "Some of these professionals chide us because (they say) we are looking out for our own interests, our own families," said Baskerville in a statement when he became president of ACFC last month. "They seem to claim moral superiority because they concern themselves with other people's children. It is true that we have a personal interest in preserving families. Because we--and we alone--are defending our families."
In article for www.lewrockwell.com, Baskerville wrote: "G.K. Chesterton argued that the most enduring check on government tyranny is the family. Ideological correctness notwithstanding, little imagination is required to comprehend that the household member most likely to defend the family against the state is the father."
Baskerville may be reached at ACFC, 1718 M St. N.W. #187, Washington, D.C. 20036 (800-978-3237; e-mail: info@acfc.org; website: http://www.acfc.org).
www.mediaradar.org
SPECIAL REPORT - Fifty Domestic Violence Myths
DOMESTIC VIOLENCE MYTH #25) False allegations of domestic violence are almost nonexistent.
CLAIMS ANALYSIS - One study found 71% of civil restraining orders were unnecessary or false. Another analysis found over half of restraining orders did not involve even an allegation of violence.
Denuncia que la agredieron familiares de su ex pareja y resultó ser un vecino
viso at CUSTODIA PATERNA -
El Juzgado de lo Penal ha condenado a una mujer a una multa como autora responsable de un delito de denuncia falsa en grado de tentativa después de que denunciara a dos familiares de su ex pareja de una supuesta agresión hacia ella y su hijo cuando en realidad había sido un vecino. La sentencia considera como hechos probados que el 8 de septiembre de 2010 fue remitido al Juzgado de Instrucción Número 4 de Palencia dos partes de lesiones confeccionados con fecha de 5 de septiembre de 2010 tanto de ella como de su hijo. Tras ser llamada a declarar en nov... more »
It's human nature to seek out a partner in life, and to possibly marry and have children. Unfortunately the matrimonial establishment, as we are all aware, is being methodically torn down by a demoralized society. Sadly the divorce rate is still on the rise and the foundation of marriage is being devalued and is crumbling. As adults we learn to adapt and move on when divorce attacks our lives but for children this is another story. They are the real victims of divorce and unfortunately they will suffer dearly from our selfishness and in most cases follow the same path of destruction if not worse.
ReplyDeleteAs a nation we have been granted certain civil rights by our constitution. Through the years it has been amended to better the lives of many Americans. The two most notable changes have come to Women in the 1920s and with African Americans in the 1960s. These rights were long overdue for both segments of our nation but thankfully we realized our mistakes and corrected them. This was not an easy journey for either of these crusades but through dedication and perseverance the bells of liberty rang loudly and victory was achieved.
Unfortunately we have reached yet another fork in the road and with that comes another challenge to the American people. "We've worked hard for women's rights, but we have to watch out that the pendulum doesn't swing the other way" says Ruthie J. of the Reach FM. Ironically the pendulum has already swung far to one side and this time the male gender is being demonized by erroneous and fraudulent information. Males are being portrayed as callus, uncaring, and without emotion. We are being taught that men represent 95% of abuse in this nation against women. These and many other false statistics are being recklessly strewn throughout society and none of it is true. Yes, women are being abused by men that is a fact. striking a woman is abhorrent to the highest degree and should be dealt with appropriately but men are abused at an equal rate and they are being ignored. According to a study by the Center for Disease Control men represent 38% of domestic violence related injuries. Compound that with the fact that only 0.9% of men report abuse verses 8.5% of women and I think we have a pretty equal degree of violence between partners.
The cornerstone of this "abuse" is VAWA the Violence Against Women Act. It was passed into law by Bill Clinton in 1994 and has been extended by every subsequent President. This law funnels Billions of dollars into discriminatory education and propaganda that violates men's civil rights. Many times DVIs or Domestic Violence Injunctions are used as a tool in divorce, child custody or just vengeance against a partner, most often against males. This is because the system of acquiring a DVI is simple and requires no evidence, witnesses or prior police reports. Just the word of an alleged victim making a claim of abuse. The repercussions of these orders are devastating and many times result in a violation, arrest and complete destruction of one's life. Even in cases when they are dismissed, a serious blemish remains on the falsely accused forever; how does that look to potential employers who almost always perform background checks prior to employment? This must be stopped and a better system of protecting all victims of domestic violence should be put in place.
I hope to help bring awareness to gender discrimination and help provide support for men who are abused. There are programs to help women of abuse but nothing for men. My website will provide more information on the facts, my personal experiences and the stories of those who have been victims of this heinous tactic of relationship vengeance. Men and women should truly have equal rights and currently the scales are unjustly tilted. Let's work together to end domestic violence and not vilify one gender as inherently abusive. "United we stand, divided we fall" A powerful statement that we must never forget.
Thank you,
Tom Lemons
Founder, www.falsedvireports.com
The Violence Against Women Act Ignores Half the Problem ~ By Anna Rittgers
ReplyDeleteThe 2011 Violence Against Women Reauthorization Act (VAWA), provides funding for programs to address domestic violence and will expand the act’s provisions to include services for gays and lesbians. Theoretically, male victims of violence are eligible for help, too. But did you know that? I thought not.
The problem with reauthorizing VAWA is that doing so would perpetuate the notion that domestic violence is something that happens only to women. While it is true that VAWA has evolved over time and now ensures that male victims of partner violence can avail themselves of VAWA benefits and services, the very name of the act implies otherwise. It is quite likely that a male victim would not know he can seek help, given the name of the act.
The image of the abuser is almost always a guy. But this simply isn’t the case. One of the pioneers of the study of family violence was sociologist Richard J. Gelles. Gelles wrote a seminal 1999 article for the old Women’s Quarterly, then a publication of the Independent Women’s Forum, on the “hidden victims” of violence.[i] Gelles admitted that 25 years earlier he had overlooked something important when, in the course of doing research, he meet a couple he called Faith and Alan. Faith had been beaten by boyfriends, her ex-husband, and her husband. Faith’s troubles became the focus of Gelles’s article. Gelles barely noted Faith’s violence towards men, which included breaking Alan’s bones and stabbing a man while he read the newspaper. Faith’s violence merited a mere footnote.
We know more about intimate violence directed at men than we did when Gelles wrote his article. But for cultural reasons, it is very difficult for male victims of domestic violence to seek help. Men are seen to be physically stronger than women, and so he should be able to just “take it.” Furthermore, domestic violence awareness campaigns are horribly one-sided, and almost always portray males as the aggressor and females as victim. Police are often hardwired to view men as the perpetrator. If a man calls 911 for help when he’s being attacked by his spouse or partner, he is often subject to arrest, even if he is the only one with physical injuries.
For seventeen years, there has been unequal treatment before the law. Female aggressors are keenly aware of this unequal justice, and a 2010 study on men who sustain abuse at the hands of their female partners discovered that 67.2% reported their female aggressors made false allegations of spousal abuse. [ii] Of those with children, 48.9% of the men reported that their partners made false allegations of child abuse.[iii] In other words, VAWA’s myopic view of who perpetrates domestic violence gives female abusers an additional avenue to torment their spouses.
The name of the Act itself makes it clear that the law’s focus is to address violence against women in particular, not the general problem of domestic violence. The specialized training that judges and law enforcement officers receive ignores the reality that women are as likely as men to be perpetrators of violence. This creates a justice system that treats male aggressors more harshly than female aggressors of the same crime.
PRO SE RIGHTS:
ReplyDeleteSims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."