Tag Archives: bill of rights

You have to fight for your right…

Back in the 80’s and 90’s Beastie Boys were the bad boys on the radio fighting for their right to party. More and more today it seems as though you have to fight for your rights for anything.  From your constitutional rights, to your civil rights, to your rights within the laws, your rights are being trampled on, ignored, and violated. Why is it this way? Much has to do with people’s own ignorance. They simply do not know their rights and let people tell them what their rights are or how they are to be treated. If you are tired of this like I was, get informed, get educated, and begin flexing your rights. I live in Indiana, in the USA. So my particular rights may be different than someone in Texas, California, or Australia. But the baseline message remains the same. Know your rights and know the laws. I want to state I am NOT A LAWYER, and I am not giving legal advice, other than educate yourself.

OK, OK, you say know the laws but there are literally tens of thousands of laws all at different levels; International laws (Across country boarders), Federal laws (across state lines), State Laws (within your state), County Laws (County within state), Town/City laws or ordinances, and sometimes HOA (Home Owners Association) for your individual neighborhood.  Start with some basic ones and branch out to what matters to you. I will give some examples along the way that I have come across in the last 6 years since I work up and begin to take back my life.

Constitution

The US Constitution

 

While I could probably give you examples of how our federal government has violated every single one of these, it doesn’t make it right. It takes a lawsuit to correct the violations, and that can even go all the way to the Supreme Court.  Every American should read it, and at least have a paper copy somewhere available to them. Some examples are in the news lately, with the Executive Orders being signed to bypass Congress, to the Debts we incur as a country in the Federal Deficit, to declaring war on other countries, even if you do not call it a “war”. Calling something an “armed conflict” on foreign soil is nothing more than a lie so they can violate the law.

http://www.archives.gov/exhibits/charters/constitution_transcript.html

https://www.law.cornell.edu/constitution

Rights

The Bill of Rights

The Bill of Rights are the first 10 amendments to the constitution. These are not laws for the people, but are supposed to be laws for the government to protect your rights as a people, as a citizen. EVERY one of these rights has been violated by our government, and sometimes regularly. From The Patriot Act, to No Knock Raids, to “Protest Areas” marked by police. This again must be brought up through the court system. If you are working poor, or just poor, unless some lawyer agrees to pursue your case on your behalf pro-bone (without charge) to make a name, or to do the right thing, changes are the government from federal to local will keep stepping on your rights. It will not be until We The People stand up and say enough before a change will happen. Give you some examples in my own life.

A neighbor has an issue with her next door neighbor. He comes out yelling profanities at her for a past issue. He is on his property, she is on hers. She finally has enough and yells back, she doesn’t appreciate it. Cops show up and say they will take her to jail if they get called back out. She came to me and I explained, I am not a lawyer, but Your Freedom of Speech is protected, as is your neighbors. The cops can’t arrest you for this. She then explained the cop asked permission to enter her house. She refused, but again, Right to Freedom from Searches without cause.

http://www.archives.gov/exhibits/charters/bill_of_rights.html

https://www.law.cornell.edu/constitution/billofrights

Protestors against the BLM (Bureau of Land Management) out in Nevada, along with the BLM issue with the Bundy’s Ranch in general, is another issue recently. Police told protesters that they could only protest in a certain area, and when they did not comply they were arrested. This is against 1st Amendment, Freedom of Speech. BLM overstepped their authority vs. State rights in the 10th Amendment.

You will also see the 10th Amendment coming up more as States overrule Federal programs and laws. Powers not granted to the federal government shall remain with the state. From FDA “Right to Try” laws, to Marijuana, to gun rights, to NSA spying, to Common Core school requirements, lots of states are stepping away from Federal laws, and mandates. Learn more about the 10th amendment imitative below

http://tenthamendmentcenter.com/

If there is a particular issue you have on your mind, or you have come across research it. Is it Federal. State, County Local etc. I can’t go into all the laws I have researched lately but I can go into some that opened my eyes or confirmed something I held to be true.

Indiana Constitution

Indiana Laws or IC Codes

In Indiana, once you have your “Permit to Carry” you may open or conceal carry a firearms with certain limitations on location such as schools, federal buildings and property, casino, on planes and a few others. Texas is making a big deal that they now can open carry. Well, we have been doing that for a long time. Now I know the “school” was loosely defined and that citizens attending colleges wanted the right to protect themselves. Since this didn’t impact me at the time I didn’t dig deeper. But here it is again, if you do not like how the law is, then know your rights and do something about it.

In Indiana, it is perfectly legal to carry a Viking axe in public, along with long blades, switch blades, folding blades. The only thing I believe is illegal is throwing stars, and knives that have projectile blades that separate from the handle.

In Indiana, the homeschooling rule is that the minimum requirement is 180 days of education, and kids must be enrolled in formal education by age 7. That is it, no testing, no curriculum approval, no home visits, no teacher approval. You can even make their own diploma. I was “told” I could not do this, I needed a letter to the principal, I needed to file with the state, I needed to make the take the ISEP (Standardized testing). All a bunch of lies. I dug deeper and educated myself on what was the law.

In Indiana, if your kids attend public school, they are not required to participate in standardized testing (ISTEP). You as a parent, or guardian can opt out. I was told they are REQUIRED to take this test, and pass in order to graduation. This is utter fiction, and false. If you get a bunch of negative attention to the student (extra work, ostracized, or punished) you can file a lawsuit against the school, as this IS against the students rights.

In Indiana, an agent of the State (Someone employed by a government agency) may not enter your property without a warrant. This includes CPS, police, health inspectors etc. There are cases such as probable cause, and Building inspectors for “Emergency Safety”. Again I am not a lawyer, but this has held for my own experiences, more than I would like to have had.

I may not sell plants across state lines here in Indiana without regulation, permitting, and inspection. You cannot ship plants in soil through the mail system without regulations. This is why most places come “bare root” when ordered from a catalog.

In Indiana, I can order ammunition online and have it delivered to my door.

In Indiana, a private to private gun sale is legal with a few restrictions/limitations but no registration or documentation required.

Recently I had an experience with my county health department. From past posts, some may know I am having issues with the legality of having chickens on my property. So, my wife and I wanted to open a roadside market stand on our property, to sell various things we grow, or produce. She wanted all i’s dotted and t’s crossed to not get any more issues. I went to the health department to get a better understanding of some of the regulations as I was unclear from a state vs. county level. I had already done extensive research, and it was more a matter of forms at this point. Going to an agency and asking what are the laws was a mistake. I will break them down on what I was told and the inconsistencies and bad misinformation I was given.

“I had to pay a $5 fee and complete a form to open a roadside stand for tracking purposes”. Completely false. No such requirement exists legally, and is not in county, local, or state requirements. I was told it was for the health department to “track if there are food illnesses”. Well if a person bought it from me, I am pretty sure they would know where it came from.

“I was not allowed to sell duck eggs, as they are not regulated”. This is only partially false. While duck eggs are not regulated by the Egg Board of the state, upon asking the Egg Board directly, and reading the laws, I am perfectly legal to sell duck eggs on my property from my flock.

“I had to submit my eggs to the State Egg Board for testing, and approval, along with fee of $25 and registration of chicken eggs” This is false, confirmed by Egg Board, and state law. If you sell on farm, or deliver from your farm, eggs that are produces on your farm you are exempted the certain “egg producers” laws of the state.

“Because I was opening a stand, that would function as a market, I had to comply with all the farmers market requirements”. Completely false. I can open a farm stand on my property and is NOT required by law to follow the same requirements as selling on a farmers market.

“If we sell jams or other canned good, I must submit them to the state for testing”. This is false, but there are some requirements as far a labeling and food practices.

“If we sell baked goods they have to be inspected, registered, and only certain items can be sold”.  Somewhat false. Again, there are some restrictions on the types of baked good that can be sold, but no inspections and testing necessary.

Senate Bill 179 covers some of this.
https://iga.in.gov/legislative/2014/bills/senate/179/

My local town council didn’t even know where the town boundaries were, since they were using a map from the 1970’s. Because no one had ever challenged the boundaries, or looked up the current relevant information.  Sometimes, it isn’t an issue until it becomes an issue, and people become complacent with the way things are.

Here is another example. My local town ordinance said I couldn’t have chickens. They had no website (I have now created one, that I own), and I asked for a copy of said ordinances in their entirety. Sometimes, one rule conflicts with another, and sometimes the laws are so old when they went into effect, that new laws trump them. I was told it would cost me $75. $75 for a copy of the laws I am required to follow? There are 75 pages and I was told that it is in their ordinances it is $1/page. So in order to get see the laws I am supposedly violating I would have to pay a $75 fee? I think not!! So I did my research and came across the Freedom of Information Act, and the State office of Information Access.  After a formal letter, a written request, and 2 complaints, the town attorney being involved, I am SUPPOSED to get my copy of the ordinances for $0.10/page sometime after June 15th. The original request was in MARCH.

http://www.in.gov/pac/

The point in all this is educating yourself. If something doesn’t sound right to you when it is spoken, do a little research. It helps to do the research ahead of time not that it is always applicable. But if you have an inkling that this is a controversial issue, gun carry, school requirements, farmers markets or whatever, be better educated. Sometimes it is that the “official” is misinformed themselves, sometimes, if is “just the way it has always been”, but that still doesn’t make it right. When referring to a particular law, name it IC 14-3-whatever, SB 179, 4th Amendment to the constitution. It allows to whomever you are speaking, that you have done a little research, and you are more informed than the common man. If you allow the “State” to trample on your rights then they believe you are OK with it, and will continue to do so.