Check the Legal and Official Information Post for archives.
18 March: There has been little news and movement on the issue in the past three weeks but keep checking back often , as this blog is updated daily. See News Post for the latest.
DO NOT be fooled into thinking this is just going to go away, however. Just because there is a lull in the news, this is still a RED HOT button issue in this state. Individual case challenges are currently being heard, reviewed , and decided in county courts. Reclassification hearings are being heard, and county court constitutional challenges are being reviewed. Once this stage is complete, it will then go on to the state level where it should become much more public and widely known.
Wednesday, February 20, 2008
Tuesday, February 19, 2008
Corruption
This post will focus on the corruption of the Ohio elected officials who allowed the unconstitutional AWA law to pass in Ohio:
Ohio Senator Steve Austria (R -7th District):
13 Feb. 2008
According to Congressional candidate John Mitchel (R-Beavercreek), former U.S. senator Mike DeWine (R-Cedarville), retiring Rep. Dave Hobson (R-Springfield),
endorsed successor candidate State Sen. Steve Austria (R-Beavercreek) and his spouse, and a variety of local GOP officials have had a long history of cronyism and a recent corrupt scheme that involves steering a no-bid contract to Hobson campaign contributors, which incident Mitchel equates with the corrupt activity that has landed former congressman Randy "Duke" Cunningham (R-CA) in federal prison. He has been demanding a full investigation, which he accuses local GOP officials of resisting in order to conceal the conflicts of interests and influence peddling that have occurred.
OH-07: Austria (R) Called Co-Conspirator in Corrupt Steering of No-Bid Contracts:
Ohiodailyblog.com
Retired U.S. Air Force Lt. Col. John Mitchel (R-Beavercreek), now running for the seat of retiring Rep. Dave Hobson (R-Springfield), charges that opponent State Sen. Steve Austria (R-Beavercreek) and his spouse Eileen are co-conspirators in a scheme to steer no-bid contracts to campaign contributors of Hobson, who supports Steve Austria in the race and has paid Eileen Austria large consulting fees. Mitchel compares the scheme to the steering of federal contracts by Rep. Randy "Duke" Cunningham (R-CA) that resulted in his resignation from Congress in November 2005 and guilty plea to federal conspiracy charges. Cunningham is serving an eight year prison sentence.
In an email to Greene County officials, following up on his request for a meeting to discuss requests for information on the matter, Mitchel describes his allegations this way:
Former California Congressman Randy "Duke" Cunningham is in federal prison for steering no-bid contracts toward his campaign contributors. Steve and Eileen Austria sit on the referenced advisory committee along with Sam Greenwood of the Greentree Group. They were instrumental in causing money transferred by Greene County to the Dayton Development Corporation to be used to award a large no-bid contract to Greentree Group, purportedly to assist in an effort to keep Wright Patterson Air Force Base open during the BRAC (Base Realignment and Closure) process. Mitchel contends, however, that the base was in no real danger of closing, so the transactions in reality amounted to no more than an enormous transfer of public wealth to private hands.
Steve Austria, Kevin DeWine ignored constituents’ rights
Beavercreek, Ohio, Tuesday, January 8, 2008: Today congressional candidate John Mitchel criticized State Senator Steve Austria and Representative Kevin DeWine for failing to defend their constituents’ constitutional right to initiative petition. In March, 2005, Mitchel filed a grievance claiming that over 2,000 citizens were denied their right to place on the ballot an initiative to vote up or down on $14 million of Greene County tax dollars for financing The Greene, privately developed by Steiner and Associates.
Ohio Senator Steve Austria’s Bid for US Congress Turns to Desperate Sliming Politics: 2 March 2008
( from thestateofamericasfamily.wordpress.com)
Steve Austria is UNFIT for U.S. Congress and must be defeated
Steve Austria is attempting to get the Republican nomination for Congress in the 7th U.S. Congressional District, former seat of Dave Hobson (R-Springfield). Steve Austria is unfit to serve in the U.S. Congress amidst arising scandals of corruption in his position as Ohio Senator.
Ohio Representative Jon Husted (R -37th District):
http://www.pierretristam.com/Bobst/Contributors/ohdave082406.htm
Jon Husted is unfit to serve in the elected office amidst arising scandals of corruption and his opposition to free speech, in his position as Ohio Representative.
steve austria, john white, jon husted, jeff jacobson, marc dann, ted strickland, mathias heck, ohio representative, ohio senate, senator, representatives, general assembly, suck sucks unfit illegal corrupt resign remove impeach criminals crime unconstitutional attorney general prosecuter ohio adam walsh act law sex offender registry registration child protection sexual predator registered sex offender law
Ohio Senator Steve Austria (R -7th District):
13 Feb. 2008
According to Congressional candidate John Mitchel (R-Beavercreek), former U.S. senator Mike DeWine (R-Cedarville), retiring Rep. Dave Hobson (R-Springfield),
endorsed successor candidate State Sen. Steve Austria (R-Beavercreek) and his spouse, and a variety of local GOP officials have had a long history of cronyism and a recent corrupt scheme that involves steering a no-bid contract to Hobson campaign contributors, which incident Mitchel equates with the corrupt activity that has landed former congressman Randy "Duke" Cunningham (R-CA) in federal prison. He has been demanding a full investigation, which he accuses local GOP officials of resisting in order to conceal the conflicts of interests and influence peddling that have occurred.
OH-07: Austria (R) Called Co-Conspirator in Corrupt Steering of No-Bid Contracts:
Ohiodailyblog.com
Retired U.S. Air Force Lt. Col. John Mitchel (R-Beavercreek), now running for the seat of retiring Rep. Dave Hobson (R-Springfield), charges that opponent State Sen. Steve Austria (R-Beavercreek) and his spouse Eileen are co-conspirators in a scheme to steer no-bid contracts to campaign contributors of Hobson, who supports Steve Austria in the race and has paid Eileen Austria large consulting fees. Mitchel compares the scheme to the steering of federal contracts by Rep. Randy "Duke" Cunningham (R-CA) that resulted in his resignation from Congress in November 2005 and guilty plea to federal conspiracy charges. Cunningham is serving an eight year prison sentence.
In an email to Greene County officials, following up on his request for a meeting to discuss requests for information on the matter, Mitchel describes his allegations this way:
Former California Congressman Randy "Duke" Cunningham is in federal prison for steering no-bid contracts toward his campaign contributors. Steve and Eileen Austria sit on the referenced advisory committee along with Sam Greenwood of the Greentree Group. They were instrumental in causing money transferred by Greene County to the Dayton Development Corporation to be used to award a large no-bid contract to Greentree Group, purportedly to assist in an effort to keep Wright Patterson Air Force Base open during the BRAC (Base Realignment and Closure) process. Mitchel contends, however, that the base was in no real danger of closing, so the transactions in reality amounted to no more than an enormous transfer of public wealth to private hands.
Steve Austria, Kevin DeWine ignored constituents’ rights
Beavercreek, Ohio, Tuesday, January 8, 2008: Today congressional candidate John Mitchel criticized State Senator Steve Austria and Representative Kevin DeWine for failing to defend their constituents’ constitutional right to initiative petition. In March, 2005, Mitchel filed a grievance claiming that over 2,000 citizens were denied their right to place on the ballot an initiative to vote up or down on $14 million of Greene County tax dollars for financing The Greene, privately developed by Steiner and Associates.
Ohio Senator Steve Austria’s Bid for US Congress Turns to Desperate Sliming Politics: 2 March 2008
( from thestateofamericasfamily.wordpress.com)
Steve Austria is UNFIT for U.S. Congress and must be defeated
Steve Austria is attempting to get the Republican nomination for Congress in the 7th U.S. Congressional District, former seat of Dave Hobson (R-Springfield). Steve Austria is unfit to serve in the U.S. Congress amidst arising scandals of corruption in his position as Ohio Senator.
Ohio Representative Jon Husted (R -37th District):
- House speaker considers political blogs dangerous:
Earth to Jon Husted: we ain’t goin’ away my man. Things can only get better - worse for guys like you. (www.plunderbund.com). Jon Husted SHOULD be afraid of political blogs because with his actions in the Ohio General Assembly, they may soon put him out of work. Perhaps Jon Husted thinks free speech is dangerous too?Sunday, July 30, 2006 — Ohio House Speaker Jon A. Husted is no fan of political blogs.
“I believe they’re overrated in some respects,” the Kettering Republican said during a taping Friday of ONN’s Capitol Square. “In high-profile campaigns, this is a way for people to use third parties to get bad information out about your opponent.”
The fact that people are paying attention to the blogs, Husted said, “is undermining the campaign process in terms of trying to advance ideas.”
“One of the things that is so frustrating when you’re running a campaign is when we get out there, we’re trying to decide who should lead our state, about the important issues of creating jobs and improving the future of this state — and we’re talking about whether or not Ted Strickland is gay on a blog.” he said. “That is not helpful.”
- The House speaker, Jon Husted, a young opportunist from Kettering in the Dayton area, was nailed by the Cleveland and Dayton papers for repeatedly accepting free flights and trips from his lobbyist pals. While Husted’s office denied at the time that the lobbyists were engaging in politics, I looked up their firms’ websites. One site proudly proclaimed that they could create personal relationships with legislators on behalf of their clients! Of course Husted’s office had no comment.
http://www.pierretristam.com/Bobst/Contributors/ohdave082406.htm
Since January, Speaker Husted, who is comfortably on his way to the gerrymandered and secure state Senate seat held by term-limited Jeff Jacobson, has made little secret in the shadows of Columbus’ watering holes about his desire to be Secretary of State.
But as the dynamic duo of Husted and Ohio Republican Party Prince Regent Kevin DeWine plot their way back to power – the combination of political Machiavellism and personal ambition may wind up burying both Ohio’s economy and the long alliance between struggling but still powerful (and personally wealthy) manufacturers.
(from Progress Ohio)Jon Husted is unfit to serve in the elected office amidst arising scandals of corruption and his opposition to free speech, in his position as Ohio Representative.
steve austria, john white, jon husted, jeff jacobson, marc dann, ted strickland, mathias heck, ohio representative, ohio senate, senator, representatives, general assembly, suck sucks unfit illegal corrupt resign remove impeach criminals crime unconstitutional attorney general prosecuter ohio adam walsh act law sex offender registry registration child protection sexual predator registered sex offender law
Saturday, February 16, 2008
If you are directly affected ..
If you are directly affected by this law...as a sex offender on registration or a family member or friend of one, here is what you NEED to do immediately:
1. File the complaint forms with the local courts. They are provided for you at Ohio Public Defender web site. (http://opd.ohio.gov/AWA_Information/Adam_Walsh.htm)
You must do this , not only to protect your own constitutional rights, but also to join in the fight to make it more likely that we will succeed as a whole. File both the Motion for Relief from Community Notification and the Petition to Contest Reclassification. Make sure you also note on your filings that you contest the Constitutionality of the law's application: "that SB 10 violates the ex post facto, double jeopardy, and separation of powers provisions of the Ohio Constitution and the United States Constitution". The more complaints filed, the more cumbersome it becomes for the courts and politicians. It not only assures you of contesting your own rights, but it also strengthens the cause throughout the state and nation.
File in the county of your registration AND the county of your conviction (if different). File copies with both the Clerk of Courts and the County Prosecutor, as instructed. Keep a copy. You have an extended deadline but it will not go on forever so get it done!
2. Call, email and write your local representatives.
Be persistent and forceful in what you have to say to them. These politicians are cowards and bow to public opinion more than you know. Any indication that they will receive negative media attention will scare them more than you know. Tell them you insist that they stand up against the AWA law or that they resign. Do not make your case personal. No politician really cares about your own personal interests. They only care how it affects their reputations. Base your case on the illegality of the law and the irresponsibility of their actions in passing it. Beyond all, let it be known that you are not "asking" them , but rather demanding. Remember that these political and elected officials hold their positions ONLY as a privilege and at the pleasure of us, the citizens who vote !
3. Join ConstitutionalFights and our efforts to fight AWA and the SB 10 laws. Sign our petition at http://www.petitiononline.com/oh08/petition.html.
1. File the complaint forms with the local courts. They are provided for you at Ohio Public Defender web site. (http://opd.ohio.gov/AWA_Information/Adam_Walsh.htm)
You must do this , not only to protect your own constitutional rights, but also to join in the fight to make it more likely that we will succeed as a whole. File both the Motion for Relief from Community Notification and the Petition to Contest Reclassification. Make sure you also note on your filings that you contest the Constitutionality of the law's application: "that SB 10 violates the ex post facto, double jeopardy, and separation of powers provisions of the Ohio Constitution and the United States Constitution". The more complaints filed, the more cumbersome it becomes for the courts and politicians. It not only assures you of contesting your own rights, but it also strengthens the cause throughout the state and nation.
File in the county of your registration AND the county of your conviction (if different). File copies with both the Clerk of Courts and the County Prosecutor, as instructed. Keep a copy. You have an extended deadline but it will not go on forever so get it done!
2. Call, email and write your local representatives.
Be persistent and forceful in what you have to say to them. These politicians are cowards and bow to public opinion more than you know. Any indication that they will receive negative media attention will scare them more than you know. Tell them you insist that they stand up against the AWA law or that they resign. Do not make your case personal. No politician really cares about your own personal interests. They only care how it affects their reputations. Base your case on the illegality of the law and the irresponsibility of their actions in passing it. Beyond all, let it be known that you are not "asking" them , but rather demanding. Remember that these political and elected officials hold their positions ONLY as a privilege and at the pleasure of us, the citizens who vote !
3. Join ConstitutionalFights and our efforts to fight AWA and the SB 10 laws. Sign our petition at http://www.petitiononline.com/oh08/petition.html.
Shop, Support, and Fight
Here we will offer some promotional products. The goal here is simply to spread the word and get this effort widely known. This is not a profit enterprise. Any commissions from products sold here will go directly and completely into our efforts to fight Adam Walsh Act Laws in Ohio and the U.S.A.
T-SHIRTS
BUMPER STICKERS:
T-SHIRTS
BUMPER STICKERS:
Wednesday, February 13, 2008
Truth over Myth
Fact #1 -Family acquaintances account for the great majority of sex offenders.
The National Incidence Studies of Missing, Abducted Runaway and Thrownaway Children : Official Most-Recent Study Statistics from The National Criminal Justice Reference Service: "results DO NOT indicate an increase in child abductions by strangers" http://www.missingkids.com/en_US/documents/nismart2_qa.pdf#search='nismart'
The Victimization of Children and Youth: A Comprehensive National Study (University of North Carolina, University of New Hampshire):
"The great majority of sexual victimizations were perpetrated by acquaintances"
Fact #2 - Sex Offenders have much lower rates of recidivism that other offenders.
United States Department of Justice / Bureau of Justice Statistics cites :
Recidivism Rates of Sexual Offenders (5.3% re-arrested, 3.3% of Child Victimizers re-arrested):
- Of the 9,691 male sex offenders released from prisons in 15 States in 1994, 5.3% were rearrested for a new sex crime within 3 years of release.
- Of released sex offenders who allegedly committed another sex crime, 40% perpetrated the new offense within a year or less from their prison discharge.
- Of Child Victimizers, approximately 4,300 child molesters were released from prisons in 15 States in 1994. An estimated 3.3% of these 4,300 were rearrested for another sex crime against a child within 3 years of release from prison.
- Of the 272,111 persons released from prisons in 15 States in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9% were reconvicted, and 25.4% resentenced to prison for a new crime.
- Within 3 years of release, 2.5% of released rapists were rearrested for another rape, and 1.2% of those who had served time for homicide were arrested for a new homicide.
- Sex offenders were less likely than non-sex offenders to be rearrested for any offense –– 43 percent of sex offenders versus 68 percent of non-sex offenders.
Don't believe me? Look at the U.S. Department Of Justice web site statistics yourself :
http://www.ojp.usdoj.gov/bjs/crimoff.htm#recidiv
Fact #3 : Child Sex Offenses have decreased dramatically since 1990.
The Crimes Against Children Research Center studies:
a) "various forms of child mistreatment and child victimization declines as much as 40-70% from 1993 through 2004, including sexual abuse, physical abuse, sexual assault..."
b) " sexual abuse started to decline in the early 1990's after at least 15 years of steady increases. From 1990 through 2004 sexual abuse substantiations were down 49%"
c) "sexual assaults of teenagers have decreased , according to the National Crime Victimization Survey ...from 1993 through 2004 , overall sexual assaults were down 67%"
d) "sexual abuse declines have occurred in 41 states ...with no apparent regional , ethnic or racial pattern".
U.S. Department of Justice: Office of Justice Programs study -Juvenile Justice Bulletin :
Explanations for Decline in Child Sexual Abuse Cases:
a) "The number of sexual abuse cases substantiated by Child Protective Service dropped a remarkable 40% between 1992 and 2000."
National Child Abuse and Neglect Data System:
a) "Cases of substantiated sexual abuse have declined approximately 39% nationwide from 1992 to 1999. Despite the dramatic nature of the decline, little discussion of the trend has occurred at either the national or the state level. "
b) "Child Protective Services (CPA) agencies in the majority of these states were had spent little time considering the implications of the trend....In fact, respondents in 16 states , or about 50%, were unaware of any consdieration or discussion among CPS administrators of the decline at all. Six states were not even aware of the decline in sexual abuse in their state. "
Fact#4: The Center for Sex Offender Management published this report on Truths vs. Myths which support the facts stated above:
http://www.csom.org/pubs/mythsfacts.html
Myths and Facts About Sex Offenders
August 2000
There are many misconceptions about sexual offenses, sexual offense victims, and sex offenders in our society. Much has been learned about these behaviors and populations in the past decade and this information is being used to develop more effective criminal justice interventions throughout the country. This document serves to inform citizens, policy makers, and practitioners about sex offenders and their victims, addressing the facts that underlie common assumptions both true and false in this rapidly evolving field.
Fact #5 - Only 2- 10% of sex offenders are pedophiles.
It is estimated that only 2 to 10 percent of child sexual abuse perpetrators meet the regular criteria for paedophilia. (Kinsey-Report, Lautmann, Brongersma, Groth) 1995
Ohio Constitution
http://www.legislature.state.oh.us/constitution.cfm
Excerpts:
§ 1.01 Inalienable Rights (1851)
All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.
§ 1.03 Right to assemble (1851)
The people have the right to assemble together, in a peaceable manner, to consult for their common good; to instruct their representatives; and to petition the general assembly for the redress of grievances.
§ 1.08 Writ of habeas corpus (1851)
The privilege of the writ of habeas corpus shall not be suspended, unless, in cases of rebellion or invasion, the public safety require it.
§ 1.10 Trial for crimes; witness (1851; amended 1912)
Except in cases of impeachment, cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, and cases involving offenses for which the penalty provided is less than imprisonment in the penitentiary, no person shall be held to answer for a capital, or otherwise infamous, crime, unless on presentment or indictment of a grand jury; and the number of persons necessary to constitute such grand jury and the number thereof necessary to concur in finding such indictment shall be determined by law. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed; but provision may be made by law for the taking of the deposition by the accused or by the state, to be used for or against the accused, of any witness whose attendance can not be had at the trial, always securing to the accused means and the opportunity to be present in person and with counsel at the taking of such deposition, and to examine the witness face to face as fully and in the same manner as if in court. No person shall be compelled, in any criminal case, to be a witness against himself; but his failure to testify may be considered by the court and jury and may be made the subject of comment by counsel. No person shall be twice put in jeopardy for the same offense. (As amended September 3, 1912.)
The legislative power of the state shall be vested in a general assembly consisting of a senate and house of representatives but the people reserve to themselves the power to propose to the general assembly laws and amendments to the constitution, and to adopt or reject the same at the polls on a referendum vote as hereinafter provided. They also reserve the power to adopt or reject any law, section of any law or any item in any law appropriating money passed by the general assembly, except as hereinafter provided; and independent of the general assembly to propose amendments to the constitution and to adopt or reject the same at the polls. The limitations expressed in the constitution, on the power of the general assembly to enact laws, shall be deemed limitations on the power of the people to enact laws.
The judicial power of the state is vested in a supreme court, courts of appeals, courts of common pleas and divisions thereof, and such other courts inferior to the Supreme Court as may from time to time be established by law. (Amended 7-7, 1968; Nov. 6, 1973; SJR No.30.)
§ 4.04 Common pleas court
(B) The courts of common pleas and divisions thereof shall have such original jurisdiction over all justiciable matters and such powers of review of proceedings of administrative officers and agencies as may be provided by law.
Laws shall be passed providing for the prompt removal from office, upon complaint and hearing, of all officers, including state officers, judges and members of the general assembly, for any misconduct involving moral turpitude or for other cause provided by law; and this method of removal shall be in addition to impeachment or other method of removal authorized by the constitution. (Adopted September 3, 1912.)
Excerpts:
§ 1.01 Inalienable Rights (1851)
All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.
§ 1.03 Right to assemble (1851)
The people have the right to assemble together, in a peaceable manner, to consult for their common good; to instruct their representatives; and to petition the general assembly for the redress of grievances.
§ 1.08 Writ of habeas corpus (1851)
The privilege of the writ of habeas corpus shall not be suspended, unless, in cases of rebellion or invasion, the public safety require it.
§ 1.10 Trial for crimes; witness (1851; amended 1912)
Except in cases of impeachment, cases arising in the army and navy, or in the militia when in actual service in time of war or public danger, and cases involving offenses for which the penalty provided is less than imprisonment in the penitentiary, no person shall be held to answer for a capital, or otherwise infamous, crime, unless on presentment or indictment of a grand jury; and the number of persons necessary to constitute such grand jury and the number thereof necessary to concur in finding such indictment shall be determined by law. In any trial, in any court, the party accused shall be allowed to appear and defend in person and with counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed; but provision may be made by law for the taking of the deposition by the accused or by the state, to be used for or against the accused, of any witness whose attendance can not be had at the trial, always securing to the accused means and the opportunity to be present in person and with counsel at the taking of such deposition, and to examine the witness face to face as fully and in the same manner as if in court. No person shall be compelled, in any criminal case, to be a witness against himself; but his failure to testify may be considered by the court and jury and may be made the subject of comment by counsel. No person shall be twice put in jeopardy for the same offense. (As amended September 3, 1912.)
§ 1.16 Redress in courts (1851, amended 1912)
All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice administered without denial or delay.
[Suits against the state.] Suits may be brought against the state, in such courts and in such manner, as may be provided by law.
(As amended September 3, 1912.)
The legislative power of the state shall be vested in a general assembly consisting of a senate and house of representatives but the people reserve to themselves the power to propose to the general assembly laws and amendments to the constitution, and to adopt or reject the same at the polls on a referendum vote as hereinafter provided. They also reserve the power to adopt or reject any law, section of any law or any item in any law appropriating money passed by the general assembly, except as hereinafter provided; and independent of the general assembly to propose amendments to the constitution and to adopt or reject the same at the polls. The limitations expressed in the constitution, on the power of the general assembly to enact laws, shall be deemed limitations on the power of the people to enact laws.
(As amended Nov. 3, 1953; 125 v 1095.)
§ 4.01 In whom power vestedThe judicial power of the state is vested in a supreme court, courts of appeals, courts of common pleas and divisions thereof, and such other courts inferior to the Supreme Court as may from time to time be established by law. (Amended 7-7, 1968; Nov. 6, 1973; SJR No.30.)
§ 4.04 Common pleas court
(B) The courts of common pleas and divisions thereof shall have such original jurisdiction over all justiciable matters and such powers of review of proceedings of administrative officers and agencies as may be provided by law.
§ 2.28 Retroactive laws
The general assembly shall have no power to pass retroactive laws, or laws impairing the obligation of contracts; but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties, and officers, by curing omissions, defects, and errors, in instruments and proceedings, arising out of their want of conformity with the laws of this state.
§ 1.02 Right to alter, reform, or abolish government, and repeal special privileges (1851)
All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall ever be granted, that may not be altered, revoked, or repealed by the general assembly.
Laws shall be passed providing for the prompt removal from office, upon complaint and hearing, of all officers, including state officers, judges and members of the general assembly, for any misconduct involving moral turpitude or for other cause provided by law; and this method of removal shall be in addition to impeachment or other method of removal authorized by the constitution. (Adopted September 3, 1912.)
United States Constitution
Get your own copy of the United States Constitution here at Heritage.org ..... or view it online at:
http://www.archives.gov/national-archives-experience/charters/constitution.html
Section 9 - Limits on Congress
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
Definition of "Ex post facto":
ex post facto adj. Formulated, enacted, or operating retroactively. [Med Lat., from what is done afterwards] Source: AHD
In U.S. Constitutional Law, the definition of what is ex post facto is more limited. The first definition of what exactly constitutes an ex post facto law is found in Calder v Bull (3 US 386 [1798]), in the opinion of Justice Chase:
1st. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, or makes it greater than it was, when committed. 3d. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to convict the offender.
Article 3 Section 1 - Judicial Powers
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Declaration of Independence
When in the Course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. — Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil Power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefit of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies
For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & Perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States, that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. — And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.
Wednesday, February 6, 2008
ConstitutionalFights Online
We have just begun to spread the word about this unconstitutional law passed by the Ohio Senate and House. We have just begun to call upon these elected officials to either stand and speak out publicly AGAINST the illegal implementation of this law, or to resign, or be be forced out of office.
ConstitutionalFights on YouTube:
Watch Ohio Politicians Pass an Illegal Law in an emergency vote just to get Federal Money:
The above videos of the Senate and House voting on this law can be found on the Ohio General Assembly web site and a link to each full, unedited videois listed in the "video" post here. Unfortunately but not surprisingly, they have made their public videos so difficult to copy or record, that I had to go through many levels of conversion and editing to even get a poor quality video source. The audio and video are edited and not coordinated. The video was edited to show the faces of the corrupt politicians to the public, and the audio was edited to give a sense of what was said in the voting sessions. The complete edited audio of these clips can be heard here:
boomp3.com
The voices of the Senators in this clip are (in order): Steve Austria, Randy Gardner, Ray MIller, Shirley Smith, Lance Mason, Tom Sawyer, Teresa Fedor, Timothy Grendell, Robert Spada,Jeff Jacobson, Steve Stivers, Lance Mason, Dale Miller, Steve Stivers, Tim Schaffer, Timothy Grendell, Ron Amstutz, Tim Robersts, Steve Austria. A few of these Senators actually said "I have concerns about the Constitutionality of this law....but I'm going to vote 'yes' anyway". Unbelievable! More on these corrupt politicians later...
Marc Dann and Lee Fisher are Idiots
The above video shows two Ohio politicians, Lee Fisher and Marc Dann, who supported and pushed hard to get the Adam Walsh Act law in place. These officials have no regard for the Ohio nor United States Constitutions and are in violation of their oaths of office. The legislation they espouse violates Constitutional Rights of 30,000 Ohio citizens. These two corrupt officials should be contacted with fierce opposition, be forced to stand publicly against this unconstitutional legislation and be forced to resign from office. Note: Lee Fisher doesn't even know the proper name of the law.
Put 14 year old kids on online Sex Predator Lists:
Teenagers as young as 14 years of age will be listed on the new Sex Offender Registry ,under Adam Walsh Act legislation. These children will have their photos, home addresses and other personal information posted publicly online , which opens up other family members in their home to the same public humiliation and potential violence which they will face.
ConstitutionalFights on YouTube:
Watch Ohio Politicians Pass an Illegal Law in an emergency vote just to get Federal Money:
The above videos of the Senate and House voting on this law can be found on the Ohio General Assembly web site and a link to each full, unedited videois listed in the "video" post here. Unfortunately but not surprisingly, they have made their public videos so difficult to copy or record, that I had to go through many levels of conversion and editing to even get a poor quality video source. The audio and video are edited and not coordinated. The video was edited to show the faces of the corrupt politicians to the public, and the audio was edited to give a sense of what was said in the voting sessions. The complete edited audio of these clips can be heard here:
boomp3.com
The voices of the Senators in this clip are (in order): Steve Austria, Randy Gardner, Ray MIller, Shirley Smith, Lance Mason, Tom Sawyer, Teresa Fedor, Timothy Grendell, Robert Spada,Jeff Jacobson, Steve Stivers, Lance Mason, Dale Miller, Steve Stivers, Tim Schaffer, Timothy Grendell, Ron Amstutz, Tim Robersts, Steve Austria. A few of these Senators actually said "I have concerns about the Constitutionality of this law....but I'm going to vote 'yes' anyway". Unbelievable! More on these corrupt politicians later...
Marc Dann and Lee Fisher are Idiots
The above video shows two Ohio politicians, Lee Fisher and Marc Dann, who supported and pushed hard to get the Adam Walsh Act law in place. These officials have no regard for the Ohio nor United States Constitutions and are in violation of their oaths of office. The legislation they espouse violates Constitutional Rights of 30,000 Ohio citizens. These two corrupt officials should be contacted with fierce opposition, be forced to stand publicly against this unconstitutional legislation and be forced to resign from office. Note: Lee Fisher doesn't even know the proper name of the law.
Put 14 year old kids on online Sex Predator Lists:
Teenagers as young as 14 years of age will be listed on the new Sex Offender Registry ,under Adam Walsh Act legislation. These children will have their photos, home addresses and other personal information posted publicly online , which opens up other family members in their home to the same public humiliation and potential violence which they will face.
Friday, February 1, 2008
What's New ?
This blog is updated daily, in our fight against the Adam Walsh Act laws and against the elected officials who enacted it.
We make every attempt to keep the blog layout clear, concise and well-organized to make it easier to navigate. So often, updates are placed into already-established posts. So please check back often for additions to posts.
What is a "Sex Offense"
As we push forward with our efforts to stand against this irresponsible Adam Walsh Act legislation and the elected officials who enacted it, it has become clear that many citizens are ignorant of what constitutes a "sex related offense".
To be clear, the designation of a "sex offense" in Ohio and most of the U.S., includes any crime or offense which is related to sexual conduct. Sex offenses include many crimes other than what you see represented in your local news "scare" reports. Sex offenses include: public indecency, voyeurism, importuning (soliciting a person to engage in sexual activity), child endangering, sexual imposition (sexual contact which is offensive to another person), and also includes the so-called "Romeo & Juliet" offenses (where teenagers of similar age engage in sexual activity before one is of legal age).
False new reporting often leads citizens to see "sex offenders" only as the predatory violent animals associated with the highly publicized news cases, or where a teacher violates a student, or where a child is murdered. This is a false representation of "sex offenses", as most sex-related crimes are not predatory or violent acts.
Furthermore, even in cases where children are violated, statistics clearly show that the vast majority of victims knew the offender. In such cases, the Adam Walsh Act laws would do little to prevent them from occurring. It is quite uncommon that victims do not know their abusers personally. "Approximately 60% of boys and 80% of girls who are sexually victimized are abused by someone known to the child or the child's family (Lieb, Quinsey, and Berliner, 1998)."
An additional widespread misconception is sex crime recidivism rates. The U.S. Department of Justice statistics show that sex offenders have a lower rate of recidivism than those involving non-sex offenses. "Of the 9,691 male sex offenders released from prisons in 15 States in 1994, 5.3% were rearrested for a new sex crime within 3 years of release.."
Conclusion: What you often see represented in news reports is misleading or not accurate. Not all sex offenders are predatory child rapists. Most sex offenders do not repeat sex crimes. And most sex offenders knew their victims before the crime. Therefore, the scare tactics used in implementing the Adam Walsh Act are false. They play on the fears of those who see the rare but highly publicized violent and predatory news reports. They cite false recidivism rates of sex offenders. And they rely on a false assumption that the stranger down the block will break into your home and assault your children, when the facts and statistics show that most offenders personally knew their victims before the crime.
To be clear, the designation of a "sex offense" in Ohio and most of the U.S., includes any crime or offense which is related to sexual conduct. Sex offenses include many crimes other than what you see represented in your local news "scare" reports. Sex offenses include: public indecency, voyeurism, importuning (soliciting a person to engage in sexual activity), child endangering, sexual imposition (sexual contact which is offensive to another person), and also includes the so-called "Romeo & Juliet" offenses (where teenagers of similar age engage in sexual activity before one is of legal age).
False new reporting often leads citizens to see "sex offenders" only as the predatory violent animals associated with the highly publicized news cases, or where a teacher violates a student, or where a child is murdered. This is a false representation of "sex offenses", as most sex-related crimes are not predatory or violent acts.
Furthermore, even in cases where children are violated, statistics clearly show that the vast majority of victims knew the offender. In such cases, the Adam Walsh Act laws would do little to prevent them from occurring. It is quite uncommon that victims do not know their abusers personally. "Approximately 60% of boys and 80% of girls who are sexually victimized are abused by someone known to the child or the child's family (Lieb, Quinsey, and Berliner, 1998)."
An additional widespread misconception is sex crime recidivism rates. The U.S. Department of Justice statistics show that sex offenders have a lower rate of recidivism than those involving non-sex offenses. "Of the 9,691 male sex offenders released from prisons in 15 States in 1994, 5.3% were rearrested for a new sex crime within 3 years of release.."
Conclusion: What you often see represented in news reports is misleading or not accurate. Not all sex offenders are predatory child rapists. Most sex offenders do not repeat sex crimes. And most sex offenders knew their victims before the crime. Therefore, the scare tactics used in implementing the Adam Walsh Act are false. They play on the fears of those who see the rare but highly publicized violent and predatory news reports. They cite false recidivism rates of sex offenders. And they rely on a false assumption that the stranger down the block will break into your home and assault your children, when the facts and statistics show that most offenders personally knew their victims before the crime.
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