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RE: Amish Jailed - 1/15/2012 10:14:40 AM   
Real0ne


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quote:

ORIGINAL: Moonhead

Bear in mind that you're dealing with somebody who thinks that being expected to own a driving license in order to use the roads is an unconstitutional gubafia imposition, tazzy...


in a feudal society everything is constitutional.

~Mr. E Domain

(not that anyone will "get it")


and you do not OWN a fucking drivers license, the state does.  DUH!

just like YOU DO NOT OWN a social security card in fact it says right on the back of the damn thing that it is the property of the social security administration and if you do not own it you need to give it back.

Every fucking american that is in possession of SS card is holding contraband!




< Message edited by Real0ne -- 1/15/2012 10:29:40 AM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

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RE: Amish Jailed - 1/15/2012 11:07:43 AM   
Real0ne


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OH YEH BUH BUH HERE WE GO!


Supreme Court of United States:

This Court long ago recognized that the nature of our Federal Union and our constitutional concepts of personal liberty unite to require that all citizens be free to travel throughout the length and breadth of our land uninhibited by statutes, rules, or regulations which unreasonably burden or restrict this movement.

Violation of THE FIRST AMENDMENT, a religious RIGHT is an unreasonable burden.


That 630*630 proposition was early stated by Chief Justice Taney in the Passenger Cases, 7 How. 283, 492 (1849):

  "For all the great purposes for which the Federal government was formed, we are one people, with one common country. We are all citizens of the United States; and, as members of the same community, must have the right to pass and repass through every part of it without interruption, as freely as in our own States."

We have no occasion to ascribe the source of this right to travel interstate to a particular constitutional provision.[8] It suffices that, as MR. JUSTICE STEWART said for the Court in United States v. Guest, 383 U. S. 745, 757-758 (1966):

  "The constitutional right to travel from one State to another . . . occupies a position fundamental to the concept of our Federal Union. It is a right that has been firmly established and repeatedly recognized.

  ". . . [T]he right finds no explicit mention in the Constitution. The reason, it has been suggested, is 631*631 that a right so elementary was conceived from the beginning to be a necessary concomitant of the stronger Union the Constitution created. In any event, freedom to travel throughout the United States has long been recognized as a basic right under the Constitution."




Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal liberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the Fourteenth Amendment and by other provisions of the Constitution.
And so as to the right to contract. The liberty, of which the deprivation without due process of law is forbidden, "means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary and essential to his carrying out to a successful conclusion the purpose above mentioned; . . . although it may be conceded that this right to contract in relation to persons or property or to do business within the jurisdiction of the State may be regulated and sometimes prohibited when the contracts or business conflict with the policy of the State as contained in its statutes." Allgeyer v. Louisiana, 165 U.S. 578, 589, 591; Holden v. Hardy, 169 U.S. 366.










< Message edited by Real0ne -- 1/15/2012 11:08:46 AM >


_____________________________

"We the Borg" of the us imperialists....resistance is futile

Democracy; The 'People' voted on 'which' amendment?

Yesterdays tinfoil is today's reality!

"No man's life, liberty, or property is safe while the legislature is in session

(in reply to Real0ne)
Profile   Post #: 262
RE: Amish Jailed - 1/15/2012 3:24:42 PM   
Aswad


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quote:

ORIGINAL: mnottertail

no, you have not proved that a right to travel DOCTRINE (as it deals with basic assumptions in our law) relieves you of the right of obeying common to all statutes, commercial or otherwise.  


That being said, a doctrine of a minimum transitionary period in any enforced lifestyle change on the order of at least one or two generations would not be a bad thing. It might make things cumbersome when population growth causes densities to reach a critical level, but that's just going to force a bit of planning to start a few years before the bridge would have to be crossed anyway. Just imagine the yammering that will happen when density no longer permits private land ownership, and the state has to confiscate all land to start rebuilding residential areas more densely packed, or the eventual transition to arcology style living. Of course, without economic growth, we're already past the maximum density, so it might be an avoidable future.

As an avid walker, I'm more concerned with countries restricting the ability- and sometimes even the legality- of human powered movement in the world. For instance, even if I were swimming, rather than rowing or sailing, I could not enter the USA without a visa, and would not be permitted to approach the shore to unload goods and load other goods with no money exchanged. A purely human endeavour, with no reliance on the states involved and of no inherent concern, which has been made legally and practically impossible. Taking a hot air balloon over there would likely lead to a meeting with a UAV, for a brief but spectacular demonstration of modern AAM rockets. Doesn't matter if I'm visiting someone which owns their own piece of shore, either. At least, that's my understanding.

These days, the nation that owns you must hand permit you to leave, and the nation you visit must permit you to do so, not the person you visit. If you want to move, the nation that owns you must make the proper transfer of ownership to your new owner, and the paperwork must be updated as surely as any brand. That strikes me as unreasonable. To carve this world into domains of ownership, along with the people in it (who are born into this slavery), doesn't strike me as a particularly decent thing. A necessity as a function of lifestyle, perhaps, but not decent.

And for anyone doubting the term slavery, consider that the primary defining aspect is ownership of humans, which has a set of characteristics duplicated by the relation between nations and citizens, and the secondary defining aspect is control, which is again duplicated, while the final piece is threat or force, which is both duplicated and strictly monopolized. That is before we look into the right of nations to set laws that compel labor, regulate bodies, or whatever else one feels like.

Regulating life in the arenas that are possible as a function of having a society is fine, as those are extensions of society, products of cooperation and governed in cooperation. Signs on a buggy while it is on a road built by cooperative effort, such as tax funded labor, falls squarely into this category. Regulating life in areas that do not depend on this cooperation moves into the private sphere, and requires that humans be livestock. Preventing a person from walking across a line on a map falls into this category. And, let's face it, we're governed by the numbers, just like running a farm. We just have more complex requirements than farm animals, and are harvested for other things than our meat. That erases the conceptual distinction between citizenship and slavery, with the formal distinction being gone as per the above. Even the USA has crossed these lines, by now irrevocably so.

As such, curbing regulation of any sort, including regulation of Amish buggies, seems like a reasonable thing to do when possible, regardless of which sphere it falls under, until the government is back on the right side of the leash, and a nation is back to being the function and product of its people, incapable of agency and not possessed of rights. Consider that a nation having agency and rights in relation to its citizens is directly analogous to, and a logical precedent to, affording the same to other abstract entities like corporations. Which, in turn invariably results in these virtual life forms tending then to their own matters, paying no more attention to "baser" life (e.g. humans) than do their creators. Which is detrimental to us all. There's no need for Skynet in order to have humans considered obsolete by a different kind of being; we have that already. We just don't have much of a resistance movement, s'all. Guess what I find most unrealistic about T1-T4? ;)

Wholly a digression, so let me tie it back into the topic: the Amish, on some level, see these things. That there is a point where human life ceases to be human life, unless guided by strong principles to remain human, and that it ends itself at some point if not prevented from doing so. Evolution is not a friend to humans, just something we've benefitted from in the earlier stages of our existence.

Biblical imagery and advice on life isn't all about sodomy and pork.

It's about human nature, human needs and the nature of coexistence. The Tower of Babel doesn't need anyone striking it down to fall. The Tower eventually falls because it relies on humans and crushes them in its foundations, so humans eventually have to tear it down themselves. Like the Amish, the Rastafarians incidentally also know this, and use the term 'babylon' for what the Jihadists call... well, less flattering things. These groups just all happen not to explain it in terms that are less dependent on the ability to grasp creative imagery, i.e. "baser" language, as modern languages have been optimized for.

Amish seem backward because we're used to something different, but there's little to suggest their way of life is less healthy or less desireable for humans to pursue. We seem just as different to each other and to other cultures around the world. The question is whether we require monoculture. And, going from my own nation's recent experiences with the Sapmi and Romani, monoculture does not seem like a good idea. Neither does it seem so from a simple evolutionary perspective, since diversity is crucial to surviving when fitness optimality changes. Incidentally, Romani suffer worse, in some ways, from recent developments than others, as they are a "nation" without land, which worked well when there was land to go around, or even when people were allowed to travel. That's no longer the case, and they're obviously quite consistently subject to the laws of the lands through which their "nation" moves, which are increasingly intruding on the private sphere, thus no longer just regulating their interaction with us, but also who and what they may be, and how.

Amish will notice that development more in the future, and it's sad to see cultures marginalized and wiped out, not by other people, but by the inhuman second-order persons other people have created to inherit the Earth from humans, such as corporations and nations. In the final analysis, humanity and individuality are as much commonality as we can have, and to let the ambition of our creations set aside humans for its own ends is pretty creepy. "Will to dominate all life", indeed.

Nothing wrong with demanding stickers on a buggy, but perhaps we shouldn't...
... at least until people stop using cell phones in their cars.

Health,
al-Aswad.
CEO, Black Man Woolgathering and Route Diversification, Inc.


_____________________________

"If God saw what any of us did that night, he didn't seem to mind.
From then on I knew: God doesn't make the world this way.
We do.
" -- Rorschack, Watchmen.


(in reply to mnottertail)
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RE: Amish Jailed - 1/15/2012 4:27:25 PM   
mnottertail


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which unreasonably burden or restrict this movement
 
he bolds it and ignores it.


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RE: Amish Jailed - 1/15/2012 5:47:47 PM   
PeonForHer


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FR

I don't know how it is in the USA, but in the UK motoring exists in something of a moral and legal 'bubble'. That is, - while upright people won't break any other law, they'll consider it morally unobjectionable to break the laws on speed limits and be outraged if they're prosecuted for, say, doing 5 or 10 mph over the limit, for instance. That is extremely unlikely to happen, though, on any given journey one might make in which one drives at that speed or less above the limit. In fact, it was proposed recently that the speed limit on our motorways be raised from 70 to 80 mph. Transport Secretary Philip Hammond told The Times: “I take the view that we operate in a democracy of policing by consent. If 50 per cent of the population are routinely breaking the law it's actually the law that needs looking at”. I've never heard a Tory minister showing such 'robust' support for law-breaking before. He'll be wearing a Guy Fawkes mask next.

Are people (including law enforcers) as 'relaxed' as they are in the UK over motoring laws that side of the pond? If so, I think the Amish people concerned here might have something of an argument in their favour.


< Message edited by PeonForHer -- 1/15/2012 5:51:21 PM >


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RE: Amish Jailed - 1/15/2012 6:32:19 PM   
mnottertail


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In larger cities and sommitch, there is a concept called flow of traffic, if everyones doing 80, they look for the guys doing 90 and bust them.  All the 80s (limit 70, 65, 55...depending on where you are and road type.... thats all in mph, not klicks)   are considered as good to go.....

Detroit?  Motor City?   If you aint hookin it at minimum 90, you are standin still..............

I am unaware of any Amish enclaves in Detroit proper.

< Message edited by mnottertail -- 1/15/2012 6:35:50 PM >


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RE: Amish Jailed - 1/16/2012 2:24:56 AM   
Moonhead


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You'll be saying you don't know about all them Amish techno bands next, Ron...

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RE: Amish Jailed - 1/16/2012 7:22:56 AM   
mnottertail


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They need the 6 fingers to riff the 12 string guitars properly.   But that should be self evident, in techno and electronica.



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Have they not divided the prey; to every man a damsel or two? Judges 5:30


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RE: Amish Jailed - 1/16/2012 7:27:24 AM   
Moonhead


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Lots of glass harmonica and autoharp as well: how they play those buggers in 16/4 time I have no idea...

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I like to think he was eaten by rats, in the dark, during a fog. It's what he would have wanted...
(Simon R Green on the late James Herbert)

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Profile   Post #: 269
RE: Amish Jailed - 1/16/2012 7:29:00 AM   
mnottertail


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Clean living, guv.   Hard work.  A few days off  in the county slam time to time. 

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Have they not divided the prey; to every man a damsel or two? Judges 5:30


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Profile   Post #: 270
RE: Amish Jailed - 1/16/2012 7:30:46 AM   
Moonhead


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Most likely.

_____________________________

I like to think he was eaten by rats, in the dark, during a fog. It's what he would have wanted...
(Simon R Green on the late James Herbert)

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RE: Amish Jailed - 1/17/2012 6:32:26 AM   
outhere69


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On Saturday there was a buggy vs. SUV accident, and the buggy was from these folks. No triangle on it; 5 children were in it. The teenaged buggy driver was cited for not having the triangle displayed.

http://www.nytimes.com/aponline/2012/01/17/us/AP-US-Amish-Buggy-Crash.html?_r=1&hp

"Graves County Sheriff's Deputy Steve Halsell cited a teenage boy who was driving because the buggy didn't have the required slow-moving vehicle symbol. The other driver was cited on charges of DUI and leaving the scene of an accident."

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RE: Amish Jailed - 1/17/2012 7:46:09 AM   
FirmhandKY


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quote:

ORIGINAL: outhere69

On Saturday there was a buggy vs. SUV accident, and the buggy was from these folks. No triangle on it; 5 children were in it. The teenaged buggy driver was cited for not having the triangle displayed.

http://www.nytimes.com/aponline/2012/01/17/us/AP-US-Amish-Buggy-Crash.html?_r=1&hp

"Graves County Sheriff's Deputy Steve Halsell cited a teenage boy who was driving because the buggy didn't have the required slow-moving vehicle symbol. The other driver was cited on charges of DUI and leaving the scene of an accident."


Not sure if having the triangle would have made a difference or not.  From the article:

"The other driver was cited on charges of DUI and leaving the scene of an accident."

Firm


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RE: Amish Jailed - 1/17/2012 7:48:47 AM   
Musicmystery


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Firm, that's in out's post as well.

out didn't lay out any cause and effect either, just shared the article.

Both drivers are at fault, and were cited. Clearly, the DUI is the are more serious offense (and leaving the scene), and the penalties will be far more severe.

I'm glad the children are uninjured. This could have been horrific.

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