Dear Leader-Elect: The Slave State

chains-we-can-believe-in

I am copying this directly from http://www.mikechurch.com, because Mike is much more eloquent than I am:

“Never in the History of our Nation has there been an Office of the President- Elect.”

Today Obama launched a website dedicated to his greatness, a place where he can let the American People know what is to come under an Obama Administration.  What will an Obama Administration look like?……….

CHANGE.GOV is the website where Obama lays out his plan to require all students into service.  He will require that they complete between 50 and 100 hours of service per year. From Change.gov…

“The Obama Administration will call on Americans to serve in order to meet the nation’s challenges. President-Elect Obama will expand national service programs like AmeriCorps and Peace Corps and will create a new Classroom Corps to help teachers in underserved schools, as well as a new Health Corps, Clean Energy Corps, and Veterans Corps. Obama will call on citizens of all ages to serve America, by developing a plan to require 50 hours of community service in middle school and high school and 100 hours of community service in college every year. Obama will encourage retiring Americans to serve by improving programs available for individuals over age 55, while at the same time promoting youth programs such as Youth Build and Head Start.”

The 13th Amendment which abolishes slavery states:  Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Obama is planning to CHANGE America in to a slave state.  The Constitution, the same one which Obama has stated is a document of negative liberties, specifically protects against this. Here is a reminder of Obama’scontempt for the Constitution:

As much as the media is trying to deny that Obama is going to over reach, it is already clear what kind of dictator he is going to be!!!

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Published in: on November 8, 2008 at 15:21  Comments (6)  
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  1. You accuse the President-Elect of Constitutional contempt, and yet you yourself demonstrate your own contempt for one of its organs — the Supreme Court.

    The SCOTUS has ruled in Butler vs. Perry that the requirement to engage in service to one’s nation does not in any sense constitute an infringement of the 13th Amendment; also, to compare the requirement to engage in general community service with the state of inescapable hereditary slavery is disgusting, juvenile and obscene.

  2. Mike, I am willing to allow your comment under the grounds of free speech. However, I agree with nothing you say in your comment.

    The 13th Amendment to the US Constitution states that forced service is illegal. Hence, forcing someone to perform community service is illegal. Key word is “Force”.

    We are a free and democratic country, not a socialist/Marxist/Communist country like China or Korea where such practices are common.

    Again, I will quote the 13th Amendment to our US Constitution:

    “AMENDMENT XIII
    Passed by Congress January 31, 1865. Ratified December 6, 1865.

    Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.

    Section 1.
    Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

    Section 2.
    Congress shall have power to enforce this article by appropriate legislation. ”

    Key words here are in Section 1 – “involuntary servitude”. When you quoted “Butler v. Perry” did you happen to notice that “Chapter 6537, Laws of Florida (Acts of 1913)”?

    States rights always supercede federal law on matters that pertain only to the state. This is a state issue you refer to, not a Federal issue.

    To further explain the 13th Amendment to you, I will quote from “The Free Dictionary by Farlex” which you can find at http://legal-dictionary.thefreedictionary.com/13th+Amendment.

    “The Supreme Court continues to address issues that arise under the Thirteenth Amendment. In the 1988 case of United States v. Kozminski, 487 U.S. 931, 108 S. Ct. 2751, 100 L. Ed. 2d 788, the Court explored the meaning of the term involuntary servitude. This case addressed the Thirteenth Amendment as well as a federal criminal statute (18 U.S.C.A. § 1584) that forbids involuntary servitude. At issue in the case were two mentally challenged men in poor health who had been kept laboring on a farm. The men worked seven days a week, 17 hours a day, initially for $15 per week and then for no pay at all. Their employers used various forms of physical and psychological threats and force to keep the men on the farm. The Court held that “involuntary servitude” requires more than mere psychological coercion; it also requires physical or legal coercion. But, the Court noted, the Thirteenth Amendment was designed not only to abolish slavery of African Americans, but also to prevent other forms of compulsory labor akin to that slavery.

    Observing that the definition of slavery has shifted since the Civil War, courts have held that involuntary servitude does not necessarily require a black slave and a white master (Steirer v. Bethlehem Area School District, 789 F. Supp. 1337 [E.D. Pa. 1992]). The courts have found that religious sects may be guilty of subjecting an individual to involuntary servitude if the sect knowingly and willfully holds an individual against her will (United States v. Lewis, 644 F. Supp. 1391 [W.D. Mich.], aff’d, 840 F.2d 1276 (6th Cir. 1986). In addition, forcing a mental patient to perform nontherapeutic labor may be a form of involuntary servitude (Weidenfeller v. Kidulis, 380 F. Supp. 445 [E.D. Wis. 1974]).

    The Thirteenth Amendment does not prohibit the government from compelling citizens to perform certain civic duties, such as serving on a jury (Hurtado v. United States, 410 U.S. 578, 93 S. Ct. 1157, 35 L. Ed. 2d 508 [1973]) or participating in the military draft (Selective Draft Law cases, 245 U.S. 366, 38 S. Ct. 159, 62 L. Ed. 349 [1918]).

    A related statute is the Anti-Peonage Act (42 U.S.C.A. § 1994). Peonage is defined as compulsory service based upon the indebtedness of the peon to the master. The courts have held that neither the Thirteenth Amendment nor the Anti-Peonage Act prevents a convicted person from being required to work on public streets as part of his sentence (Loeb v. Jennings, 67 S.E. 101 (Ga. 1910), aff’d, 219 U.S. 582, 31 S. Ct. 469, 55 L. Ed. 345 [1911]). In addition, neither of these laws prevents the government from garnishing wages or using the court’s Contempt power to collect overdue taxes or Child Support (Beltran v. Cohen, 303 F. Supp. 889 [N.D. Cal. 1969]; Knight v. Knight, 996 F.2d 1225 [9th Cir. 1993]).

    The courts have also held that state workfare programs that require or encourage citizens to obtain gainful employment in order to participate in the state’s public assistance programs do not constitute involuntary servitude or peonage (Brogan v. San Mateo County, 901 F.2d 762 [9th Cir. 1990]). In another interesting application of these laws, a federal court held that a high school program that required all students to complete 60 hours of community service in order to graduate did not constitute involuntary servitude or peonage (Steirer v. Bethlehem Area School District, 789 F. Supp. 1337 [E.D. Pa. 1992]).

    Further readings:
    Azmy, Baher. 2002. “Unshackling the Thirteenth Amendment: Modern Slavery and a Reconstructed Civil Rights Agenda.” Fordham Law Review 71 (December).

    Glasser, Ira. 1991. Visions of Liberty. New York: Arcade.

    Schleichert, Elizabeth. 1998. The Thirteenth Amendment: Ending Slavery. Springfield, N.J.: Enslow.

    Smolla, Rodney A. 1997. Federal Civil Rights Acts. 3d ed. Vol. 1. New York: Clark Boardman Callaghan.

    Vorenberg, Michael. 2001. Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment. New York: Cambridge Univ. Press.

    Witt, Elder, ed. 1979. The Supreme Court and Individual Rights. Washington, D.C.: Congressional Quarterly.

    Wolff, Tobias Barrington. 2002. “The Thirteenth Amendment and Slavery in the Global Economy.” Columbia Law Review 102 (May).

    Cross-references:
    Civil Rights; Fifteenth Amendment; Fourteenth Amendment.”

  3. Constitutionally allowable or not, it smacks of COMMUNISM. Just think, his term hasn’t even started yet.

  4. Yes, I agree with you on that Doc’.

  5. The 13th Amendment to the US Constitution states that forced service is illegal. Hence, forcing someone to perform community service is illegal. Key word is “Force”.

    And I will quote something back to you:

    The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority

    In other words, the Supreme Court is the authority on what the Constitution means, and it has ruled that conscription does not qualify as involuntary servitude under the 13th Amendment.

    And your quotations go against you, and actually reinforced what I said (emphases mine):

    The courts have also held that state workfare programs that require or encourage citizens to obtain gainful employment in order to participate in the state’s public assistance programs do not constitute involuntary servitude or peonage (Brogan v. San Mateo County, 901 F.2d 762 [9th Cir. 1990]). In another interesting application of these laws, a federal court held that a high school program that required all students to complete 60 hours of community service in order to graduate did not constitute involuntary servitude or peonage (Steirer v. Bethlehem Area School District, 789 F. Supp. 1337 [E.D. Pa. 1992]).

    Peonage and involuntary servitude are specific conditions which are not comparable to temporary community service; they have specific meanings and history, and the comparison is more than odious.

  6. Mike,
    I am no lawyer, nor a REMF “government employee” like yourself, so I do not have any legal expertise.

    But I do know this, The draft is unconstitutional,as well as involuntary service in any form is unconstitutional.

    BTW, you are a smartass as you claim to be. Just browsing your “About me” page confirms that your responses are here jsut to try to prick my ire.

    Have fun over the next four years as we enter the new wave of Socialism…Obama style.


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