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Editor's Note:
Hey all you out there in zine land. Well, the 2nd issue is
out. I had my doubts. I'm reprinting the Bill of Rights Status
Report, something everyone sould read and understand the
consequences of what's happening. I guess if this is a theme
issue, it is constitutional rights and how they are being eaten
away by the government. You all have fun. Oh, I got a review in
MRR, which made me happy. They didn't say anything, but at least
it was like a free ad, so that ws cool. The grand total of people
who read #1 is hovering between 30 and 50, at most, so I'm hoping
better things will happen with this one. If there are any nerds
out there with modems, call my BBS, (301)718-0225. Lots of fun
going on there too. I love you all, but I haven't gotten many
submissions or piece of hate mail. Sucks. PLEASE LET ME KNOW THAT
YOU ARE OUT THERE. Send me some mail telling me what you hate
about the magazine and why you haven't written before. Or submit
something. I'm desperate and will print it. Writing all this
myself is a pain in the ass. Anyway, the address is:
Helter Skelter
3519 Woodbine St.
Chevy Chase, MD 20815
Oh, and bands, send your recordings to that address for it to be
reviewed (and free stuff always makes me a much more complimentary
reviewer). And speaking of bands, if you ever get a chance to see
the Eddie Blue Knees band, do it. I'm the bass player. I promise
a good time or else. I'm also doing free classifieds/pen pal
requests, so send 'em in.
Thoughts
it's amazing how, through everything, pure 80's cheese/hair
rock lives on. I just saw a video by some band called Lotion who
seemed straight out of 1989. There are the crucial changes for the
times though. A) their music was more thoughtful and emotional,
but sounded similar to, say, Extreme. B) They're on a fake indie
label (spinART) and C) they're getting play on the alternative
stations/120 minutes. It's amazing how shit changes with the
times...
Cool Places to check out:
Second Story books.[get address] This is one of the few
bright spots in that cosmic mistake that is and will always be
Bethesda. Not only is this place zine friendly, punk friendly, and
just all-around friendly, it has some amazing cheap books. It
would be fine if that was it, but it also has LOTS of old cheap
vinyl. There is a lot of crap you have to look through, but there
is always a few punk records to buy(old 80's stuff though). I've
picked up a first pressing of the Scream "Still Screaming" album,
Dead Kennedys "Bedtime for Democracy"(with inserts!), "Stations of
the CRASS", plus the Pennywise "Unknown Road" CD, some Government
Issue tape, and more. There's also a hearty selection of 60's &
70's classic rock for our more classic readers. plus 2 black cats,
2 back seats from old cars, and some blues records. wow.
Request:
I love Hendrix. He has about 300 or so albums out.
Monitarily, this is a problem for me. I have or can get ahold of
the following ablums :Ultimate Experience, Lifelines, Essential
Hendrix, Radio One, Live at Winterland, Gangster of Love, Singles
Album, Stone Free, The Roots of Hendrix, In Concert, Band of
Gypsies, Smash Hits, Electric Ladyland, Axis: Bold as Love, Are you
experienced?, Hendrix Speaks, Early Instrumentals, Doriella Du
Fontaine, If 6 was 9 (Tribute), Fire, Woodtock, Blues. If you send
me a dubbed copy of any album not on this list and request one on
this list, I'll send you a dubbed copy.
Little Rant
I applied for a summer job in May. Nothing complicated, just
doing shitwork at the local drugstore. Naturally, the best time
to get back to me about this is August 23, 2 weeks before school
starts again and 4 months after I applied. Anyway, it looks like
I'll take the job and give up my weekends, but I will have money.
that'll be cool. but I could've been making the money over the
summer when I had jack shit to do instead of having to work till
7 each night, whatever. I can deal.
Art
Bill of Rights Status Report
Introduction
How many rights do you have? You should check, because it
might not be as many today as it was a few years ago, or even a
few months ago. Some people I talk to are not concerned that
police will execute a search warrant without knocking or that they
set up roadblocks and stop and interrogate innocent citizens. They
do not regard these as great infringements on their rights. But
when you put current events together, there is information that may
be surprising to people who have not yet been concerned: The amount
of the Bill of Rights that is under attack is alarming.
December 15 1991 was the two-hundredth anniversary of the
ratification of the Bill of Rights. How has it stood up over two
hundreds years? Let's take a look at the Bill of Rights and see
which aspects are being pushed on or threatened. The point here is
not the degree of each attack or its rightness or wrongness, but
the sheer number of rights that are under attack.
Amendment I
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging
the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a redress
of grievances.
Establishing religion: While campaigning for his first
term, George Bush said "I don't know that atheists should be
considered as citizens, nor should they be considered patriots."
Bush has not retracted, commented on, or clarified this
statement, in spite of requests to do so. According to Bush, this
is one nation under God. And apparently if you are not within
Bush's religious beliefs, you are not a citizen. Federal, state,
and local governments also promote a particular religion (or,
occasionally, religions) by spending public money on religious
displays. Governments also establish religion via blue laws, which
set Sunday as a special day on which business is prohibited or
limited.
Free exercise of religion: Robert Newmeyer and Glenn
Braunstein were jailed in 1988 for refusing to stand in respect for
a judge. Braunstein says the tradition of rising in court started
decades ago when judges entered carrying Bibles. Since judges no
longer carry Bibles, Braunstein says there is no reason to stand
- and his Bible tells him to honor no other God. For this religious
practice, Newmeyer and Braunstein were jailed and are now suing.
Free speech: We find that technology has given the government
an excuse to interfere with free speech. Claiming that radio
frequencies are a limited resource, the government tells
broadcasters what to say (such as news and public and local service
programming) and what not to say. This includes prohibitions on
obscenity, as defined by the Federal Communications Commission
(FCC). The FCC is investigating Boston PBS station WGBH-TV for
broadcasting photographs from the Mapplethorpe exhibit. Also, a
broadcaster that supported legalization of drugs would be in danger
of violating FCC rules.
Free speech: There are also laws to limit political statements
and contributions to political activities. In 1985, the Michigan
Chamber of Commerce wanted to take out an advertisement supporting
a candidate in the state house of representatives. But a 1976
Michigan law prohibits a corporation from using its general
treasury funds to make independent expenditures in a political
campaign. In March 1990, the Supreme Court upheld that law.
According to dissenting Justice Kennedy, it is now a felony in
Michigan for the Sierra Club, the American Civil Liberties Union,
or the Chamber of Commerce to advise the public how a candidate
voted on issues of urgent concern to their members.
Free press: In an apparently unprecedented order, New York
Supreme Court Justice Michael J. Dontzin issued an order for prior
restraint against the publication of a book by a former member of
Mossad, an Israeli intelligence service. Further, Dontzin issued
this order with only scant information about the alleged menace
represented by the book. The justice made the ruling based upon
lawyers' descriptions of material in a sealed affidavit in Ontario,
Canada - material the justice had not seen.
Free press: As in speech, technology has provided another
excuse for government intrusion in the press. The government is not
recognizing that a person who distributes a magazine electronically
and does not print copies should have the same protections courts
have extended to printed news. The equipment Craig Neidorf used to
publish Phrack, a worldwide electronic magazine about phones and
hacking, was confiscated after Neidorf published a three-page
document copied from a Bell South computer and entitled "A Bell
South Standard Practice (BSP) 660-225-104SV Control Office
Administration of Enhanced 911 Services for Special Services and
Major Account Centers, March, 1988."All of the information in this
document was publicly available in other documents and could be
ordered by calling a toll-free 800 number. The government has not
alleged that Neidorf was involved with or participated in the
copying of the document, only that he published it. The person who
copied this document from telephone company computers also placed
a copy on a bulletin board run by Rich Andrews. Andrews forwarded
a copy to AT&T officials and cooperated with authorities fully. In
return, the Secret Service (SS) confiscated Andrews' computer along
with all the mail and data that were on it. Andrews was not charged
with any crime.
Free press: In another incident that would be comical if it
were not true, on 1 March 1990 the SS ransacked the offices of
Steve Jackson Games (SJG); irreparably damaged property; and
confiscated three computers, two laser printers, several hard
disks, and many boxes of paper and floppy disks. The target of the
SS operation was to seize all copies of a game of fiction called
GURPS Cyberpunk. The Cyberpunk game contains fictitious break- ins
in a futuristic world, with no technical information of actual use
with real computers, nor is it played on computers. The SS never
filed any charges against SJG but still refused to return
confiscated property.
Peaceable assembly: The right to assemble peaceably is no
longer free - you have to get a permit. Even that is not enough;
some officials have to be sued before they realize their reasons
for denying a permit are not Constitutional.
Peaceable assembly: In Alexandria, Virginia, there is a law
that prohibits people from loitering for more than seven minutes
and exchanging small objects. Punishment is two years in jail.
Consider the scene in jail: "What'd you do?" "I was waiting at a
bus stop and gave a guy a cigarette." This is not an impossible
occurrence: In Pittsburgh, Eugene Tyler, 15, has been ordered away
from bus stops by police officers. Sherman Jones, also 15, was
accosted with a police officer's hands around his neck after
putting the last bit of pizza crust into his mouth. The police
suspected him of hiding drugs.
Petition for redress of grievances: Rounding out the attacks
on the first amendment, there is a sword hanging over the right to
petition for redress of grievances. House Resolution 4079, the
National Drug and Crime Emergency Act, tries to "modify" the right
to habeas corpus. It sets time limits on the right of people in
custody to petition for redress and also limits the courts in which
such an appeal may be heard. And on 5 March 1990, the Supreme
Court limited the ability of state prison inmates to obtain Federal
court review of their convictions and sentences. By ruling that
prisoners cannot make appeals based on favorable court rulings
issued in other cases since their own convictions, the Supreme
Court permitted states to execute people even though their death
sentences would not be permitted today in light of subsequent
rulings. If a state imposed a death sentence in "good faith," but
it turns out the state was mistaken, the Supreme Court has given
the okay to refusing to hear the prisoner's petition for redress
of grievances. The defendant will be killed even though the state
made a mistake.
Amendment II
A well regulated Militia, being necessary to the security of
a free State, the right of the people to keep and bear Arms, shall
not be infringed.
Right to bear arms: This amendment is so commonly challenged
that the movement has its own name: gun control. Legislation
banning various types of weapons is supported with the claim that
the weapons are not for "legitimate" sporting purposes. This is a
perversion of the right to bear arms for two reasons. First, the
basis of freedom is not that permission to do legitimate things is
granted to the people, but rather that the government is empowered
to do a limited number of legitimate things - everything else
people are free to do; they do not need to justify their choices.
Second, the purpose of the second amendment is not to provide arms
for sporting purposes. The right to bear arms is the last line of
defense of our rights. In case there is an emergency, in case the
people running the government get out of control, guns in the hands
of the people - all the people - are the last chance to defend our
freedom.
Some people contend the second amendment forbids Congress to
prohibit the maintenance of a state militia. If so, this amendment
is threatened by an incident described below, at the tenth
amendment, in which the Federal government took control of the
state militias.
Firearms regulations also empower local officials, such as
police chiefs, to grant or deny permits. This gives local officials
power to grant permits only to friends of people in the right
places or to deny permits on sexist or racist bases - such as
denying women the right to carry a weapon needed for self-defense.
Amendment III
No Soldier shall, in time of peace be quartered in any house,
without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law.
Quartering soldiers: This amendment is fairly clean so far,
but it is not entirely safe. Recently, 200 troops in camouflage
dress with M-16s and helicopters swept through Kings Range National
Conservation Area in Humboldt County, California, in a militarized
attack involving the California National Guard, the Army, and seven
other federal agencies. In the process of searching for marijuana
plants, soldiers assaulted people on private land with M-16s and
barred them from their own property. This might not be a direct
hit on the third amendment, but the disregard for private property
is uncomfortably close.
Amendment IV
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons
or things to be seized.
Right to be secure in persons, houses, papers, and effects
against unreasonable searches and seizures: The RICO law is making
a mockery of the right to be secure from seizure. Entire stores of
books or videotapes have been confiscated based upon the presence
of some sexually explicit items. Bars, restaurants, or houses are
taken from the owners because employees or tenants sold drugs. In
Volusia County, Florida, Sheriff Robert Vogel and his officers stop
automobiles for contrived violations. If large amounts of cash are
found, the police confiscate it on the presumption that it is drug
money - even if there are no drugs or other evidence of a crime and
no charges are filed against the car's occupants. The victims can
get their money back only if they prove the money was obtained
legally. One couple got their money back by proving it was an
insurance settlement. Two other men who tried to get their two
thousand dollars back were denied by the Florida courts.
Right to be secure in persons, houses, papers, and effects
against unreasonable searches and seizures: A new law went into
effect in Oklahoma on 1 January 1991. All property, real and
personal, is taxable, and citizens are required to list all their
personal property for tax assessors, including household furniture,
gold and silver plate, musical instruments, watches, jewelry, and
personal, private, or professional libraries. If a citizen refuses
to list their property or is suspected of not listing something,
the law directs the assessor to visit and enter the premises,
getting a search warrant if necessary. Being required to tell the
state everything you own is not being secure in one's home and
effects.
No warrants shall issue, but upon probable cause, supported
by oath or affirmation: As a supporting oath or affirmation,
reports of anonymous informants are accepted. This practice has
been condoned by the Supreme Court.
Particularly describing the place to be searched and persons
or things to be seized: Today's warrants do not particularly
describe the things to be seized - they list things that might be
present. For example, if police are making a drug raid, they will
list weapons as things to be searched for and seized. This is done
not because the police know of any weapons and can particularly
describe them, but because they allege people with drugs often have
weapons.
The two items immediately above both apply to the warrant
the Hudson, New Hampshire, police used when they broke down Bruce
Lavoie's door at 5 a.m. with guns drawn and shot and killed him.
The warrant claimed information from an anonymous informant,
and it said, among other things, that any guns found were to be
seized. Although there was no reason to suspect Bruce Lavoie had
guns, the mention of guns in the warrant was used as reason to
enter with guns drawn. Bruce Lavoie had no guns. Bruce Lavoie was
not secure from unreasonable search and seizure - nor is anybody
else.
Other infringements on the fourth amendment include roadblocks
and the Boston Police detention and deliberate harassment of known
gang members. Gang membership is known by such things as skin
color and clothing color. And in Pittsburgh again, Eugene Tyler was
once searched because he was wearing sweat pants and a plaid shirt
- police told him they heard many drug dealers at that time were
wearing sweat pants and plaid shirts.
Amendment V
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in
the Militia, when in actual service in time of War or public
danger; nor shall any person be subject to the same offence to be
twice put in jeopardy of life or limb; nor shall be compelled in
any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor
shall private property be taken for public use without just
compensation.
Indictment of a grand jury: Kevin Bjornson has been proprietor
of Hydro-Tech for nearly a decade and is a leading authority on
hydroponic technology and cultivation. On 26 October 1989, both
locations of Hydro-Tech were raided by the Drug Enforcement
Administration. National Drug Control Policy Director William
Bennett has declared that some indoor lighting and hydroponic
equipment is purchased by marijuana growers, so retailers and
wholesalers of such equipment are drug profiteers and
co-conspirators. Bjornson was not charged with any crime, nor
subpoenaed, issued a warrant, or arrested. No illegal substances
were found on his premises. Federal officials were unable to
convince grand juries to indict Bjornson. By February, they had
called scores of witnesses and recalled many two or three times,
but none of the grand juries they convened decided there was reason
to criminally prosecute Bjornson. In spite of that, as of March
1990, his bank accounts were still frozen and none of the
inventories or records had been returned. Grand juries refused to
indict Bjornson, but the government is still penalizing him.
Twice put in jeopardy of life or limb: Raymond Buckey was put
on trial a second time for child molesting in the McMartin
Preschool case, after a first trial lasting three years acquitted
him of 40 charges but deadlocked on 13 other counts.
Anthony Barnaby was tried for murder three times before New
Hampshire let him go, even though there was virtually no physical
evidence linking him to the scene of the crime. A legal-minded
person might point out that these were mistrials rather than not
guilty verdicts. But they were not mistrials caused by accident
(such as a juror falling ill) or incorrect procedure (such as
misconduct by a prosecutor). The facts here are that the
prosecutors did not convince the juries that the defendants were
guilty, yet the defendants were tried over and over again.
Compelled to be a witness against himself: Oliver North was
forced to testify against himself. Congress granted him immunity
from having anything he said to them being used as evidence against
him, and then they required him to talk. After he did so, what he
said was used to develop other evidence which was used against him.
Compelled to be a witness against himself: In the New York
Central Park assault case, three people were found guilty of
assault. But there was no physical evidence linking them to the
crime; semen did not match any of the defendants. The only evidence
the state had was confessions. To obtain these confessions, the
police questioned a 15-year old without a parent present - which
is illegal under New York state law. Police also refused to let the
subject's Big Brother, an attorney for the Federal government, see
him during questioning. Police screamed "You better tell us what
we want to hear and cooperate or you are going to jail," at
14-year-old Antron McCray, according to Bobby McCray, his father.
Antron McCray "confessed" after his father told him to, so that
police would release him. These people were coerced into bearing
witness against themselves, and those confessions were used to
convict them.
Compelled to be a witness against himself: Your answers
to Census questions are required by law, with a $100 penalty for
each question not answered. But people have been evicted for giving
honest Census answers. According to the General Accounting Office,
one of the most frequent ways city governments use census
information is to detect illegal two-family dwellings. This has
happened in Montgomery County, Maryland; Pullman, Washington; and
Long Island, New York. In this and other ways, Census answers are
used against the answerers.
Compelled to be a witness against himself: Drug tests are
being required from more and more people, even when there is no
probable cause, no accident, and no suspicion of drug use.
Requiring people to take drug tests compels them to provide
evidenceagainst themselves.
Deprived of life, liberty, or property without due process of
law: This clause is violated on each of the items life, liberty,
and property. Incidents including such violations are described
elsewhere in this article. Here are two more:
On 26 March 1987, in Jeffersontown, Kentucky, Jeffrey Miles
was killed by police officer John Rucker, who was looking for a
suspected drug dealer. Rucker had been sent to the wrong house;
Miles was not wanted by police. He received no due process.
In Detroit, $4,834 was seized from a grocery store after
dogs detected traces of cocaine on three one-dollar bills in a cash
register.
Private property taken for public use without just
compensation: RICO is shredding this aspect of the Bill of Rights.
The money confiscated by Sheriff Vogel goes directly into Vogel's
budget. Federal and local governments seize and auction cars and
boats.
Vehicles are seized even if the owners are not present
or responsible for the presence of drugs. One car was seized
because an inspector believed the smell of marijuana was in it.
Under RICO, the government is seizing property without due process.
The victims are required to prove not only that they are not guilty
of a crime, but that they are entitled to their property.
Otherwise, the government auctions off the property and keeps the
proceeds.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the
State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law, and
to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; tohave compulsory
process for obtaining Witnesses in his favor, and to have the
assistance of counsel for his defence.
The right to a speedy and public trial: Surprisingly, the
right to a public trial is under attack. When Marion Barry was be
ing tried, the prosecution attempted to bar Louis Farrakhan and
George Stallings from the gallery. This request was based on an
allegation that they would send silent and "impermissble messages"
to the jurors. The judge initially granted this request. One might
argue that the whole point of a public trial is to send a message
to all the participants: The message is that the public is
watching; the trial had better be fair.
By an impartial jury: The government does not even honor the
right to trial by an impartial jury. US District Judge Edward
Rafeedie is investigating improper influence on jurors by US
marshals in the Enrique Camarena case. US marshals apparently
illegally communicated with jurors during deliberations.
Of the state and district wherein the crime shall have
been committed: This is incredible, but Manuel Noriega was tried
so far away from the place where he is alleged to have committed
crimes that the United States had to invade another country and
overturn a government to get him. Nor is this a unique occurrence;
in a matter separate from the jury tampering, Judge Rafeedie had
to dismiss charges against Mexican gynecologist Dr. Humberto
Alvarez Machain on the grounds that the doctor was illegally
abducted from his Guadalajara office in April 1990 and turned over
to US authorities.
To be informed of the nature and cause of the accusation:
Steve Jackson Games, nearly put out of business by the raid
described previously, has been stonewalled by the SS. "For the past
month or so these guys have been insisting the book wasn't the
target of the raid, but they don't say what the target was, or why
they were critical of the book, or why they won't give it back,"
Steve Jackson says. "They have repeatedly denied we're
but don't explain why we've been made victims." Attorneys for SJG
tried to find out the basis for the search warrant that led to the
raid on SJG. But the application for that warrant was sealed by
order of the court and remained sealed at last report, in July
1990. Not only has the SS taken property and nearly destroyed a
publisher, it will not even explain the nature and cause of the
accusations that led to the raid.
To be confronted with the witnesses against him: The courts
are beginning to play fast and loose with the right to confront
witnesses. Testimony via videotape or one-way television is being
used for former Presidents and children. Such procedures reduce the
information a jury receives. First, the lack of the physical
presence of the witness makes it more difficult for the jury to
judge the witness' veracity and get an accurate mpression of what
the witness is saying. Second, the cumbersome procedures involved
reduce the ability for either prosecution or defense to
cross-examine the witness - a step which is essential to bringing
out the truth in difficult situations.
To have compulsory process for obtaining witnesses: When John
M. Poindexter subpoenaed Ronald Reagan as a witness in Poindexter's
trial, Reagan fought the subpoena. The White House and the Justice
Department also opposed providing documents in response to
subpoenas of Oliver North. Without the disputed papers, Federal
District Judge Gerhard A. Gesell had to dismiss the main criminal
charges against North. The government said the documents were being
withheld for reasons of national security. Some of the documents
had already been made public by release to a private institute in
another court case. The prosecution knew this but still told the
court the documents were secret. And one wonders if the government
would go to the same lengths to obtain witnesses for Manuel Noriega
as it did to capture him.
To have the assistance of counsel: The right to assistance of
counsel took a hit recently. Connecticut Judge Joseph Sylvester is
refusing to assign public defenders to people accused of
drug-related crimes, including drunk driving.
To have the assistance of counsel: RICO is also affecting the
right to have the assistance of counsel. The government confiscates
the money of an accused person, which leaves them unable to hire
attorneys. The IRS has served summonses nationwide to defense
attorneys, demanding the names of clients who paid cash for fees
exceeding $10,000.
Amendment VII
In Suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury, shall be otherwise
reexamined in any Court of the United States, than according to the
rules of common law.
Right of trial by jury in suits at common law: There are
several ways this right can be taken from somebody. If a person is
not careful about knowing when to ask for a jury trial, the
government might refuse to grant the right. Under the Federal Rules
of Civil Procedure, failure to demand a trial by jury in time
constitutes a waiver of the right. The rules courts are using
allow judges to direct a jury to return a particular verdict. Or
the judge can decide, after a jury has returned a verdict, that the
jury is wrong, according to the evidence. In Slocum v. New York
Life Insurance Company, the Supreme Court decided that in a case
where the judge allowed the jury to deliberate, the matter could
not be changed by directing the verdict, because of the seventh
amendment, but it was okay to declare a mistrial and order a new
trial in which the judge could direct the jury verdict. This
sidesteps the seventh amendment and removes the power to decide
justice and facts from the people of a jury.
Amendment VIII
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Excessive bail and fines: Tallahatchie County in Mississippi
charges ten dollars a day to each person who spends time in the
jail, regardless of the length of stay or the outcome of their
trial. This means innocent people are forced to pay. Marvin Willis
was stuck in jail for 90 days trying to raise $2,500 bail on an
assault charge. But after he made that bail, he was kept imprisoned
because he could not pay the $900 rent Tallahatchie demanded. Nine
former inmates are suing the county for thi practice.
Cruel and unusual punishments: House Resolution 4079 sticks
its nose in here too: "... a Federal court shall not hold prison
or jail crowding unconstitutional under the eighth amendment except
to the extent that an individual plaintiff inmate proves that the
crowding causes the infliction of cruel and unusual punishment of
that inmate."
Cruel and unusual punishments: A life sentence for selling a
quarter of a gram of cocaine for $20 - that is what Ricky Isom was
sentenced to in February 1990 in Cobb County, Georgia. It was
Isom's second conviction in two years, and state law imposes a
mandatory sentence. Even the judge pronouncing the sentence thinks
it is cruel; Judge Tom Cauthorn expressed grave reservations before
sentencing Isom and Douglas Rucks (convicted of selling 3.5 grams
of cocaine in a separate but similar case). Judge Cauthorn called
the sentences "Draconian."
Amendment IX
The enumeration in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the
people.
Other rights retained by the people: Other rights retained by
the people include the right of a citizen to work in or for a
political party and the right to marital privacy. Those are some
of the rights the authors of the Constitution were trying to
protect by telling us in this amendment that the other parts of the
Constitution were not to be interpreted as a complete list, that
people have fundamental rights other than those explicitly listed,
and those rights should not be infringed. But still the government
tries. The Hatch act limits political activities of people who are
employed by the government. Various states attempt to regulate
marital relations. Another right considered fundamental is the
right to travel, including travel abroad across borders in either
direction and travel within the country. Yet the Federal government
limits travel to Cuba and other countries, and states establish
roadblocks to question and examine citizens. And aspects of our
private lives are increasingly regulated. At home, recreation, and
work, laws and regulations dictate what the government thinks is
good for us.
Amendment X
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people.
Powers reserved to the states or the people: Until 1937, this
amendment was used to keep Congress within limits in such things
as regulation of commerce, enforcement of the fourteenth amendment,
and laying and collecting taxes. Today, this protection has
eroded. The Federal government exercises much power through purse
strings, by denying money to states that do not conform to Federal
rules and giving money to states that do. By controlling money, the
Federal government coerces obedience from the states in setting
speed limits, defining crimes, and setting criminal sentences and
penalties. In 1984, Reagan signed a law ordering millions of
dollars withheld from states not raising their drinking age to 21.
South Dakota objected to this and sued, with support from eight
other states. On 23 June 1987, the Supreme Court ruled against the
states. On the same day, the Supreme Court overturned an 1861
decision prohibiting Federal courts from ordering states to
extradite criminal suspects to other states. That power of a state
to refuse extradition saved a free black person from being
extradited in 1861 from Ohio to Kentucky to face trial for the
crime of helping a slave to escape, but the power is now gone.
Powers reserved to the states or the people: Article I,
section eight of the Constitution reserves to the states the
authority of training the militia. In 1986, Minnesota and eleven
other states refused permission for their National Guard units to
be sent to Honduras for training missions. A Federal judge denied
the states this authority.
Summary
Out of ten amendments, all are under attack. All of the
individual parts of each amendment are threatened. Many of them are
under multiple attacks of different natures. If this much of the
Bill of Rights is threatened, how can you be sure your rights are
safe? A right has to be there when you need it. Like insur ance,
you cannot afford to wait until you need it and then set about
procuring it or ensuring it is available. Assurance must be made
in advance.
The bottom line here is that your rights are not safe. You do
not know when one of your rights will be violated. A number of
rights protect accused persons, and you may think it is not
important to protect the rights of criminals. But if a right is not
there for people accused of crimes, it will not be there when you
need it. With the Bill of Rights in the sad condition described
above, nobody can be confident they will be able to exercise the
rights to which they are justly entitled. To preserve our rights
for ourselves in the future, we must defend them for everybody
today.
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Music Review
Circus Lupus - Pop Man/ Pressure Point 7"(Dischord)
I like these guys, so I guess I'm bias, but this is an
excellent piece vinyl. Very D.C. sound, whatever that means.
Anyway, I'm horrible at describing sounds, but this sounds good.
buy it.
Dumbrock #5 - Tommy(in 7 minutes)/You know my name(look up the
number) (Vital Music)
This is a hilarious compilation if you know Tommy. If you
don't, its just a bunch of punk rockers making fun of songs you've
never heard.
Gray Matter/Severin split 7" (Dischord)
Hmm, Pretty good. Nothing special. Again, only for fans of
the bands. Nothing on this record will make these your most
favoritest bands in the whole wide world, but its a good solid 7".
Branch Manager - Sprit Boy 2000/Smear (Level)
These songs, unlike the previous record's songs, have the
potential to make you love this band. I didn't, but it's possible.
These songs are really catchy. Try it, you just might like it.
If you have some $ to spare, go for it, but it shouldn't be your
main purchase.
Huggy Bear - Long Distance Loves 7" (Gravity)
OK. Nothing great. Dub it from a friend. This was just
kinda empty. I don't know why, I just call 'em as I see 'em.
NOFX - The PMRC can suck on this 7"
Classic Fuck You punk. Fast, obnoxious, and funny. Buy this
for the lyrics and the humor, and the attitude and the liner notes,
but not for the music. It's just the same tired old 3-chord shit
we've been hearing for 15 years. 3-chord is fun, but not
innovative. And this 7" is very fun. but without humor 3-chord
shit becomes boring.
Nation of Ulysses -- Birth of the Ulysses Aesthetic
This is the 7" that i'm most excited about this issue.
There's an innovativeness in NOU that stems from their Jazz
influences that breaths life into their music. Muy cool. Buy this
baby.
Nation of Ulysses - Pretty Plays for Baby
Cool as shit. Jazz/spoken word/DC-style punk all in one. It
doens't get much better than this. Deffinately pick this one up
if you get a chance.
Joe Turner -- Have no fear, Joe Turner is Here
Amazing chicago Blues. If you're a blues fan, you'll want to
look for this, if not, forget it. It's Pablo Records.
G-Love & Special Sauce -- You may have seen them on MTV, but that
doesn't mean they suck automatically. This stuff is sooo cool,
rapping over old skool blues by a white boy with a ney yowk accent.
wow.
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Books
I read too much. Here's what I've found out:
William S. Burroughs -- Anything by him is generally pretty good,
although Naked Lunch is one of the most confusing books in history.
Start off with Junky or Cities of the Red Night.
Jack Kerouac -- All I've read by him is On the Road, which was
probably the best book I've ever read. It will blow you away. If
there is one book by the beat writers you read, make this it. Not
the same kind of fuck-the-system ideas you'll find in Burroughs'
work, but the prose is amazing.
T. Coraghason Boyle -- Worlds End. Another great book. It gets
slow in parts, but is pretty good. Not amazing, but it's in my top
ten.
James Joyce -- Portrait of the Artist as a Young Man. Confusing
and Boring. It's not woth wading through joyce's style for the
story.
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Zine Reviews
Redding Agitator -- This is the kind of shit I like to see. DIY
as shit, 25 cents a shot, and packed with information. He even has
a Ginsberg quote. Send a stamp and some cool stuff for him. Eddie
Hassel/PO Box 990196/Redding, Ca 96099
Out of Bounds -- This isn't the kind of zine I like to see. 74
pages, glossy, and full of fluff. And 3 fucking 50. $3.50!! The
articles were ok. But MRR is only $2 and I get much more out of
each of those. Granted, they sent this to me free to review, but
It came with a xerox witha big title that said "HEY ZINESTERS!"
which made me laugh at them. Not too DIY. I wouldn't be suprised
if they had a corporate backer.
My World -- The only StraightEdge zine I've read that I haven't
hated for being too preachy. It did annoy me because he talked
about Red Dwarf, Ataris, and stupid shit like that. It was free
at Vinyl Ink, so #2 may be there now. It's woth it at that price,
but not much more. My World/4242 Slater Ave/Baltimore, MD 21236
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