Posts tagged ‘Constitution’

February 26, 2013

Its All About the Constitution [Stupid]!!!

by Teréza Eliasz-Solomon (HeiressMommy™)

lady_justiceWe all remember – at least those of us old enough and interested in such matters – when our dear President Clinton told this nation in 1992 that it is all about the economy [stupid] and I agree – I often say if one can not feed their family, pay the rent and such, than political nuances are not going to be of any concern to them. Equally important to this great nation and even relevant to most things economic is our United States Constitution. Not just for those of us studying law or addicted to things like the latest Supreme Court decision [look I willingly admit to reading  in entirety the SCOTUS  legal decisions for fun – I know  – you are thinking how boring!!!]. Do not fool yourself my friends – this nation is only viable as long as it adheres to laws and not the dictates of each citizen’s personal passions or prejudices. Yes, as a Jew, I am fully aware of other nations that morphed their jurisprudence into an evil bastardized form to prosecute “legally” my people … the Nuremberg Race Laws are a horrific example of exactly how a legal system was perverted to do great harm. Vigilance must be constant – legal formats tweaked and changed but this does not equal allowing individual prerogatives to rule the courts of our great land. No, no, no – never should we be victims of a few self interest ideals in decisions of legal matters or rights of our citizens. The conversation today needs – make that requires – a committed and well informed involvement by each of us to assure all of us remain REALLY protected under the law. Here again, is why laws are an economic issue – one needs to be concerned that the old joke “the best justice money can buy” is not a U.S.A. reality. Lady Justice may be blindfolded but she has never been without insight. REAL justice must not be a mere academic treatise but a living and well tended to discipline. Let us examine the current present day concerns that face our legislatures and judges – you must not turn away for all of us are affected by the ruling laws in this country. I believe the extremist from all political sides are a REAL threat to modern judiciary – the imperative exist for attentive participation in relationship to all things legal. Do not fret, I will lead you down the path toward your rightful voice on such matters or at least peek your interest [I hope and pray].

Just this week Justices Sotomayer and Breyer rebuked a lawyer for racially charged “pernicious” language in a case concerning a Texas man’s drug possession conviction – this stands out specifically in relationship to my topic in that the Court declined to hear the case and yet found it necessary and warranted to admonish the prosecutor for allowing prejudicial evidence as a determinant factor. Paramount to our fair and balanced judiciary is to establish that while one may be guilty of a crime, they are not to be found guilty on account of unconstitutional factors. Justice Sotomayer was adamant that “substituting racial stereotypes for [REAL] evidence” was not to be tolerated in our Courts. Any stereotypes or the predetermined judgments about an accused individual actually nullifies the REAL power of our laws … one is always left wondering if someone is REALLY guilty or in fact, found to be on circumstantial evidence when bias exist. Him or her today could very well mean you or me tomorrow if only our fellow citizens or lawmakers preconceived notions of one or another group among us is to facilitate prosecutorial  efforts. Here we are at that proverbial “slippery slope” scenario – a steep and often quick slide down to the horror chamber of unequal and REALLY unfair court room dictates. What is called enforcement discretion – that which allows law enforcement and prosecutors to selectively decide on what is or not to be proceeded against is in need of constant oversight. We all have prejudices, we all have preconceived ideas and notions about others but what we all do not have is the ability to enforce and proceed legally against other citizens – hence the absolutely necessitous attitude toward those with such life altering responsibilities. Most do their work with “due diligence” but when a few become a threat to the very structure of our constitutionally established laws, all effort must be taken to seize the reigns in order to pull back the attempts that might very well destroy our nation’s legal system.

My heart and mind were gladdened by the amicus brief of 75 prominent GOP members – including President George W. Bush – filed this week to the Supreme Court in support of the constitutionality to allow gay Americans to have the equal right to marry under our civil laws. I and those like minded will defend all religions to do as their conscious see fit in this realm – no one will be forced to marry anyone in their faith but all must be allowed civil matrimonial equality. As the highest court in this land will review that legal matter during this year’s session, the Republicans who signed that legal brief are stating that despite rather conservative ideas about matters important to our country, they feel that the constitution is not the place to decide the right or wrong of that which all citizens are legally entitled. What is confusing to some is why moral issues like civil rights are the purview of courts and legislation but not who can or cannot be allowed to marry. It is really quite simple – the former is a REAL delineation from our Founders desire to have all  equal under the law and the latter exactly the opposite.

I see our United States Constitution as a sort of secular bible – our jointly held and guiding life in America legal manual. I am the benefactor of my wise Father who paraphrased often Blackstone’s formulation stating that “better ten guilty men go free, then one innocent fellow be punished or imprisoned“. This mandate broadens to civil areas as well criminal under our United States legal system and we must be attentive guardians in perpetuity or lose our way.  To allow personal prejudices to get in between our national community and those laws that govern us all would be not only destructive but a reactionary nightmare. Neither liberalism nor conservative constructs should be our ultimate defining national template – we absolutely must adhere to the REAL ideals of our Founders – that is to hold fast to the promise of REAL and complete equality. No matter your status, your background or your self perceived place in the American mosaic – you and I are the REAL gatekeepers of that most magnificent of human documents, The United States Of America Constitution!!!

Happy me = 2013!!!
P.S. Someone asked me what I would do if after finishing law school, etc. I somehow managed to be nominated & confirmed to sit on the Supreme Court … well I first suggested I could never get past the confirmation hearings, as I would never tolerate being so disrespected. However, should I make it to SCOTUS – my first task I explained would be to go to a REALLY good tailor. My attorney friend obviously was confused – why a tailor he wanted to know. I explained to have my robe shorten, tightened & neck lowered … still confusing my legal buddy, I further explained because I want to be known as the “babe justice“. Why I was asked, as I am such a confirmed feminist & wouldn’t that be antithetical to such a life philosophy. Not at all I insisted because you use what you have – all of it I told my pal – to get REAL justice for ALL. Well there will REALLY be more about that and other REAL life facts in my memoir, Heiress Mommy … A Modern Super Woman Life!

January 20, 2013

A REALLY Well Regulated Militia or Why the 2nd Amendment Is Misinterpreted

by Teréza Eliasz-Solomon (HeiressMommy™)

We The People .. ConstitutionThe Founders did not intend nor anticipate each and every citizen of The United States of America to have in their possession multiple deadly weaponry. This nation was created at a time when the “right to bear arms” was reasoned as a response to an oppressive overload – Great Britain. Additionally, America was to be the place where all citizens – no matter status – could and would have the ability to defend themselves but we must remember that this was at a time when no real authoritative protective body like police, National Guard, et al. existed in order to protect and defend the entire populace. So you see this madness – arcane idea – that all of us should be personally and individually armed as if in the military is not what the Constitution allows for or defines as legal. Trust me that I am not in anyway a devotee of passivity … I am a committed proud American Jewish Zionist and as I have written in other blog post, as a victim of crime [vandalism, threats, etc.] I REALLY believe in self defense. In fact, I admonish women who suggest they would be unable or unwilling to use lethal force to protect themselves … I would never hesitate in that type of situation. So you see this blog post is not the usual so called “liberal bias” rhetoric to have all guns taken from law abiding Americans … no, no, no – it is instead my law school and well read/studied take on the REAL issues concerning reasonable and necessary gun control. My sensibilities are informed by my own historical Jewish plight – I, more than most, fear government overreach and would never endorse living under extreme Federal legislative control in reference to ones ability to protect their home and family. This however does not mean unbridled and unlimited gun ownership – contrary in that the good and the evil now, unfortunately, have equal access to deadly force without fully enforced laws and guidelines and that renders many helpless victims.

The 2nd Amendment, as all our original Constitutional structured laws, was meant to be interpreted and reinterpreted as the young nation grew and morphed. Supreme Court justices who rally and pontificate about “original intent” often have me chuckling as they seem almost to suggest meeting in séance fashion with our Founders. Of course, most who claim 100% adherence to the Constitutional design negate all inference to the Founders own diaries and writings suggesting otherwise … one can ask if that is a convenient lapse in scholarship or an attempt to ignore the REAL truths that this great country is based on. We have become an armed camp – never sure where and when our fellow citizen will take their and our life into jeopardy. The recent Sandy Hook tragedy [see my blog post Bless the Beasts and the Children, 16 December 2012] has opened a serious dialogue about gun control in D.C. and of course, as expected the National Rifle Association is lobbying to stop any/all attempts to regulate more effectively who, when, what and how gun ownership in U.S.A. occurs. Ignored is the reality of other nations – including my beloved, enemy surrounded ancestral homeland of Israel – who regulates well and has almost zero accidental or mass murders fatalities. Must we not at least ask – why are other countries so unlike our great nation that has almost weekly tragic gun deaths and in some inner city places like Chicago, daily loss of life to gun violence? We do not ask because of REALLY great extremist public relations efforts and the capitalist aspect that is perpetrated by gun manufacturers … thus it is simple fear and profit at the core of America’s gun problem. Poor simple minded Americans have allowed themselves to be prodded like cattle into thinking they autonomously  believe they need massive guns and ammunition in their homes to be REALLY safe … again neither my husband nor I are against personal legal gun ownership for those not a threat to others and for  those capable of safe and responsible actions concerning firearms.

My current and now forever REAL family reality is that we [me, my husband and children] need professional protection on account of The Miscreants™ I write about so often. So you can understand that I am in no way denying that one should be in control of their own and family safety – instead what I am REALLY stating is that well regulated means just that – a detailed and reasonable situation so that ALL citizens can be safe. Think about all I have shared with you … the 2003 extensive home vandalism by my husband’s ex-wife’s three children, the death phone threat to my husband by her then teenage son and that boy’s [now 20 something] hospitalization for violent behavior/school terrorist threats in high school and more recent internet/voice mail threats from THE REAL Evil Doers Club™, etc. – all this in my personal life would not render myself silly enough to think people like these nemesis should ever have the right to have guns nor that husband and I and those protecting us should be unarmed. The years of wrong doings and involvement with a group that many news outlets and Los Angeles Courts have deemed dangerous that my husband’s ex-wife is a member of, along with her children’s documented illegal activities and obvious [according to psychologist we discussed matter with] personality disorders, plus the [what my one West Coast colleague has termed] “reign of terror” against my husband and myself on the internet this past year by her and her Michigan/Chicago and other placed cohorts leaves us fully aware of the need for protection – likewise, renders us troubled/talking to law enforcement about being sure these enemies have no access to firearms. The legal professionals, REAL friends and family in our life are all in possession of a notarized letter in which my protective husband insisted on stating that if we, our children and even our dog fall victim to other than REAL natural causes, then the individuals/our sworn enemies that I reference so often are to be investigated. After all my husband and I have REAL reasons for concern:  along with all the other many varied REAL threats, one of those [Michigan female] we are suing and law enforcement is investigating  posted a Facebook profile photo of her holding/shooting a semi-automatic or automatic weapon, simultaneously posting Facebook rants about “evil doer club meetings” coming to Pennsylvania for such meetings where until recently my husband and I maintained our majority residence, plus another same time frame Facebook profile photo of evil doer Michigan club “meeting” with bold text “more to come in 2013, 2014…”. Our concern is so extensive as to have our REAL home addresses/ownership of our REAL properties legally inaccessible and those close to us signing non-disclosure forms/sworn to secrecy about where we REALLY live now and in the future … we even use Post Office Boxes for mail. Hopefully, my REAL story makes you realize that there is need for extensive background and situational review of those owning guns – after all, on the surface our nemesis seem quite safely “middle class” but if you know me personally or follow my/my husband’s blogs and other social media sites, then you surely are aware of the REAL danger these middle of middle America individuals present in my life. Truth is when my husband, I and our attorney pursued a Legal Protection/Restraining Order we advised the Court of all these REAL facts and also of those we knew had hunting guns in their home where those threatening us lived or had access to … all this I write is in an effort to explain that my own very troubling situation informs me that some should and some REALLY should not be protected by the no control ideas of the NRA. Indeed a complex scenario when considering who is and who is not allowed to own firearms. Confusing and difficult but not impossible for a great nation like ours – we the people of The United States of America must deal now in an intelligent fashion with the REAL intent of our Constitution’s 2nd Amendment!!!

P.S. Everything I reference concerning my own situation is 100% legally/fully documented, recorded, subpoenaed, etc.. I mention this REAL fact so that no one need foolishly believe my words are hyperbole … stay tuned my dear supportive readers – all will be REALLY detailed in my end 2013 memoir, Heiress Mommy … a Modern Super Woman Life! and my dear husband insist all legal documents/articles from past and current and those happening during the upcoming civil and possible criminal cases dealing with our nemesis be posted on our blogs, Facebook, Twitter, as well as his being determined to take out full page newspapers ads with links … justice and admittedly, a little legal payback finally in play as our reward and resolution!

February 9, 2012

The Establishment Clause of the U.S. Constitution

by Teréza Eliasz-Solomon (HeiressMommy™)

The ridiculous current GOP conversation about the perceived [bogus] attack on religion by the Obama administration is at best laughable and at its worst quite dangerous. Our brilliant Founders deeply feared an establishment of any state religion [Establishment Clause] – they knew how badly that turns out by being educated in the history of European nations where the Crusades, the Inquisition and other “at the end of a sword” religious conversions were army/government perpetrated and sponsored.

In this great nation, ALL can and do practice openly and freely the religion of their choice …including a few not quite palpable “cult” like practices. The Presidential 2012 GOP candidates are insulting the American sensibility by even suggesting that something like insurance covered contraception at hospitals and schools with a religious affiliation is any type of assault – there is NO assault by President Obama but there is an assault on ALL our freedoms because if [G-d forbid] Romney or Santorum  become President then you and I will then be mandated to practice our faiths as they deem correct instead of the Constitutional guaranteed religion of our own individual choice. I, myself, as a proud American Jew [with both Muslim and Christian ancestry]  is fearful of their rhetoric. May G-d bless the great U.S.A. and the memory of our brave Founders – who wanted to prevent our divine inspired nation from becoming a totalitarian theocracy (ex. Iran or the former Taliban run Afghanistan).

SHALOM!!!!

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