How does the 14th Amendment Apply to today’s World?

Posted on May 25, 2006

By Trudy A. Martinez

How does the 14th Amendment apply to today’s world?  The answer to this question depends upon the actions taken by the citizens of the United States of America to preserve the privileges guaranteed through the Constitution and the Amendments thereof.

In analysis, the State of California is testing “The Constitution of the United States of America and the Amendments thereof” by making laws that condense through omission specific privileges.  The State allows practices within the State boundaries which individually or collectively lessen or diminish citizen privileges cited in the Amendments of the U. S. Constitution through unfair business or ethical practices.  Even though the 14th Amendment specifically states: “No State shall make or enforce any laws which shall abridge the privileges or immunities of Citizens . . . nor . . . deprive any person of life, liberty, or property, without due process of law, nor deny . . . equal protection of the laws,” Californians are allowing the State to lessen or diminish our guaranteed rights through the passage of legislation or, more frequently, by allowing the State officials to turn their head to all the abuses surrounding them.  Why?  Just because legislation doesn’t affect us today, doesn’t mean it won’t affect us tomorrow.  We need to pay attention to what is happening around us and stop being so self-interested.  We need to stop taking our rights for granted. Allowing only factions of our society to make our decisions for us may strip us of our rights.

People say:  “You can’t fight City Hall!”  That statement may be true if you go to City Hall to do the fighting.  The City Hall comes under the County, the County under the State.  When the State is offends, then we must go to a higher source, the Federal Government.  Specifically Congress and the Supreme Court have the authority to resolve issues abridging our privileges as citizens.  If the State will not correct their encroachment then it is left up to Uncle Sam.  Just like a child who disobeys, punishment comes from his or her parent; the State needs their punishment to come from our higher government or the court system.

Help doesn’t come automatically; citizens need to take the necessary steps to make it happen.  New State legislation doesn’t correct it; it only confuses and enhances the deceiving.  Our duties as citizens are to identify the discrepancies and then together file suits through the court systems when our privileges become too few, For example:

1.     Legislation abridging our right to bear our choice of arms (Amendment 2).

II.     Insurance companies have been allowed the “taking” of property (Amendment 5) through the use of unrealistic evaluation of the replacement value or property (i.e., vehicles or property damage).

III.    Nursing Homes, Hospitals, and especially mental hospitals are sometimes guilty of depriving “life” and “Liberty . . . without due process of law” by using the “Sword of Damacles” over the heads of patients admitted voluntarily through the stripping of the patient’s right of leaving voluntarily.  In other words if a doctor doesn’t give his approval for release, the patient must pay “cash” for his own release because the insurance companies won’t pay.  A poor person is therefore held in an insane prison against his will.

IV.    The Nature Conservancy (TNC) and other “Hip Pocket Agencies” such as the EPA, and the BLM, and environmentalist continue to put the price of human “life” below that of purported endangered species while at the same time abridging the privileges of the people through “taking” (Amendment 5) of property or monies as compensation for development.  These agencies have it backwards; they want us to pay them.

Where does it say in the Constitution or in the Amendments thereof that the people must do the compensating?

Previous legislation proposals want a tree to come to be an endangered species.  But is the tree the real issue?  Or is the real issue you and me?  Taking of our property or abridging our privileges is blackmail, extortion, and/or plain highway robbery.

The same is true of the illegal immigration issues.  The point is the illegals are not citizens!  As such, they have no rights, nor should they.  When they protest, they identify themselves; we should deport them immediately, escort them across the border using the U. S. Military forces.

I say, “Yes to America.”  And I say, “No to the deception that is invading our shores.”  The 14th Amendment says in Section 5:  “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”  In other words if we want action, Congress has to do it for us.  Congress has shown through history that they tend to wait fifty to one hundred years before acting.  Do we want to wait until we are dead (the future of America lost) before our rights as citizens are protected?  When Congress ignores the people, the people must take steps to force Congress to act.  Life in the United States must not grow into a game of “Simon Says” or “Mother May I.” We are a free people. We must stay that way.

The Supreme Court gives the authority through court actions to force Congress to act on our behalf.  In the matters at hand the Supreme Court may prove to be our protector.

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Hip-Pocket Agencies Abridge Rights of Americans

By Trudy A. Martinez

The following article was published in the “Inyokern News Review” as a letter to the editor in the fall of 1990.  The letter is written in response to the unnecessary death of a young girl.  The question then was whose life is of more value a human life or an endangered species?

The underlying importance of this issue highlights another question: Are the Citizen of the United States going to allow the LOSS of rights guaranteed for all Americans through the Constitution as a remedy for the life of a rodent, a fish, a turtle, or small mammal, who someone merely suggests is endanger?

Even though the article is written in 1990, the issues surrounding it still exist today throughout the country; it will continue to be an issue of concern until the people’s voice is heard loud and clear by government “Hip Pocket Agencies”, i.e. the BLM, EPA, TNC. They need to understand the people will not stand for remedies, which result in the taking of properties.  The Fifth Amendment of United States Constitution clearly prohibits the taking of properties for public use without JUST compensation.

The Fifth Amendment does not say that “We the People” [the property owner] must do the compensating.  Nevertheless, across America, property owners are told they must compensate government “Hip Pocket Agencies “if they wish to improve their property or make use of water rights when their property or waterways is said to be in a questionable species habitat.

Supreme Decisions

By Trudy A. Martinez

Tom Turner, author of “Courting Disaster in the Nation’s Capital”, (Mother Earth News, March-April ’88 p44 (2)) says, “The Supreme Court can go for long periods without rendering decisions in environmental disputes.”  Some recent decisions have ruled in favor of property holders.”

“ . . .  The Fifth Amendment prohibits “. . . nor shall private property be taken for public use, without just compensation.”  The courts have ruled in favor of the property holder’s right to develop their lands and against environmentalist who wish to prohibit such undertakings.

The Mohave Ground Squirrel has posed some problems for our area residence.  Property holders are being robbed of property, money, and peace of mind in regards to this issue.  Inconsistency, extortion, blackmail, and plain highway robbery appear to be the tactics incorporated by the so-called public agency.

A recent death of a young girl in our area reveals that the Mohave Ground Squirrel’s life is considered of more value than human life.  The most dangerous intersection in Ridgecrest goes without a traffic signal because of the prohibiting of development.

Enough is enough!  Agencies such as The Nature Conservancy should be forced to have their day in court against the people of California and other states in the Union, if applicable.  Joint and/or single court action should be ensued.  True, court action may take years; but with the press, public records, documentation, and foresight, the people can again be victorious.

George Reiger author of “Unnatural Developments” says, “Although TNC uses millions of nonprofit dollars annually, it offers little accountability to the public underwriting its schemes”.

The Nature Conservancy’s record is not lily-white.  They want a monopoly with no competition.  If the people stand in their way, they move them, cheat them, and abridge the people’s rights.

A “Supreme Decision” is not just for the courts but also for the individuals and/or groups of individuals who are affected by mismanaged corrupt governmental concerns.  America is still a government of the people.  It is the responsibility of Americans to remind the agencies that tend to hinder personal rights guaranteed through the Constitution and the “Bill of Rights” to seek restitution.  Not always is the mere joining of special interest groups enough.  The way to pursue action if you want results is to challenge them.  “A squeaky wheel gets attention; a well oiled wheel is left alone.”  The more media coverage there is the better.  The more cases tried, the more examples set.  To question, to challenge, and to fight for the justice and rights that seem to be forever fading is a responsibility of every American.  The oppressive methods of “Special Interest Hip Pocket Agencies” who pursue personal gain by engaging the concerns of corporate, affluent Americans may only be stopped by the judiciary system.  Ignoring the interest of the people is only smart if the people allow their freedom to be abridged.  An agency like the TNC may shine on the outside, but they stink on the inside, polluting the future of America.

The Nature Conservancy needs to be given a copy of the “Fifth Amendment”; better yet perhaps someone needs to read it to them: the blind are sometimes able to see with the aid of words.  (A box of Q-tips may be needed to clear their ears so they can hear what is being said.)  I interpret the Fifth Amendment to say that if we the people are kept from our land through the taking of the land that we the people are supposed to be compensated.

Nowhere in the Fifth Amendment does it say “we the people” must do the compensating!

Supreme Decisions

The following article was published in the “Inyokern News Review” as a letter to the editor in October 1990.  The letter was written in response to the unnecessary death of a young girl.  The question then was whose life is valued more an endangered species or human life?

The underlying importance of this issue highlights another question: Are we going to allow the loss of the rights guaranteed through the Constitution for all Americans as a remedy?

Even though the article was written in 1990, the issues surrounding it still exist today and will continue until the people’s voice is loud and clear that they will not stand for remedies, which result in the taking of properties.  The Fifth Amendment of United States Constitution clearly prohibits the taking of properties for public use without just compensation.

The Fifth Amendment does not say that “We the People” [the property owner] must do the compensating.  Nevertheless, across America, property owners are told they must compensate in order to improve their property when their property is said to be in the habitat of an endangered species.

Supreme Decisions

By Trudy A. Martinez

Tom Turner, author of “Courting Disaster in the Nation’s Capital”, (Mother Earth News, March-April ’88 p44 (2)) says, “The Supreme Court can go for long periods without rendering decisions in environmental disputes.”  Some recent decisions have ruled in favor of property holders.”

“ . . .  The Firth Amendment prohibits “. . . nor shall private property be taken for public use, without just compensation.”  The courts have ruled in favor of the property holder’s right to develop their lands and against environmentalist who wish to prohibit such undertakings.

The Mohave Ground Squirrel has posed some problems for our area residence.  Property holders are being robbed of property, money, and peace of mind in regards to this issue.  Inconsistency, extortion, blackmail, and plain highway robbery appear to be the tactics incorporated by the so-called public agency.

A recent death of a young girl in our area reveals that the Mohave Ground Squirrel’s life is considered of more value than human life.  The most dangerous intersection in Ridgecrest goes without a traffic signal because of the prohibiting of development.

Enough is enough!  Agencies such as The Nature Conservancy should be forced to have their day in court against the people of California and other states in the Union, if applicable.  Joint and/or single court action should be ensued.  True, court action may take years; but with the press, public records, documentation, and foresight, the people can again be victorious.

George Reiger author of “Unnatural Developments” says, “Although TNC uses millions of nonprofit dollars annually, it offers little accountability to the public underwriting its schemes”.

The Nature Conservancy’s record is not lily-white.  They want a monopoly with no competition.  If the people stand in their way, they move them, cheat them, and abridge the people’s rights.

A “Supreme Decision” is not just for the courts but also for the individuals and/or groups of individuals who are affected by mismanaged corrupt governmental concerns.  America is still a government of the people.  It is the responsibility of Americans to remind the agencies that tend to hinder personal rights guaranteed through the Constitution and the “Bill of Rights” to seek restitution.  Not always is the mere joining of special interest groups enough.  The way to pursue action if you want results is to challenge them.  “A squeaky wheel gets attention; a well oiled wheel is left alone.”  The more media coverage there is the better.  The more cases tried, the more examples set.  To question, to challenge, and to fight for the justice and rights that seem to be forever fading is a responsibility of every American.  The oppressive methods of “Special Interest Hip Pocket Agencies” who pursue personal gain by engaging the concerns of corporate, affluent Americans may only be stopped by the judiciary system.  Ignoring the interest of the people is only smart if the people allow their freedom to be abridged.  An agency like the TNC may shine on the outside, but they stink on the inside, polluting the future of America.

The Nature Conservancy needs to be given a copy of the “Fifth Amendment”; better yet perhaps someone needs to read it to them: the blind are sometimes able to see with the aid of words.  (A box of Q-tips may be needed to clear their ears so they can hear what is being said.)  I interpret the Fifth Amendment to say that if we the people are kept from our land through the taking of the land that we the people are supposed to be compensated.

Nowhere in the Fifth Amendment does it say “we the people” must do the compensating!

How Does the 14th Amendment Apply to Today’s World?

By Trudy A. Martinez
 
How does the 14th Amendment apply to today’s world?  The answer to this question depends upon the actions taken by the citizens of the United States of America to preserve the privileges guaranteed through the Constitution and the Amendments thereof.
In analysis, the State of California is testing “The Constitution of the United States of America and the Amendments thereof” by making laws that condense through omission specific privileges.  The State allows practices within the State boundaries which individually or collectively lessen or diminish citizen privileges cited in the Amendments of the U. S. Constitution through unfair business or ethical practices.  Even though the 14th Amendment specifically states: “No State shall make or enforce any laws which shall abridge the privileges or immunities of Citizens . . . nor . . . deprive any person of life, liberty, or property, without due process of law, nor deny . . . equal protection of the laws,” Californians have allowed the State to lessen or diminish our guaranteed rights through the passage of legislation or, more frequently, by allowing the State officials to turn their head to all the abuses surrounding them.  Why?  Just because legislation doesn’t affect us today, doesn’t mean it won’t affect us tomorrow.  Have we become so self-interested that we do not see the forest for the trees?  Has everyone begun to take our rights for granted thereby allowing only factions of our society to make our decisions for us?
People say:  “You can’t fight City Hall!”  That statement may be true if you go to City Hall to do the fighting.  The City Hall comes under the County, the County under the State.  When the State is the offender than we must go to a higher source, the Federal Government.  Specifically Congress and the Supreme Court have the authority to resolve issues that abridge our privileges as citizens .  The State is not going to slap their own hand that is left up to Uncle Sam.  Just like a child who disobeys, punishment comes from his or her parent, the State needs their punishment to come from our higher government.
Help doesn’t come automatically; citizens need to take the necessary steps to make it happen.  New State legislation doesn’t correct it, it only confuses and enhances the deceiving.  Our duties as citizens are to identify the discrepancies and then together file suits through the court systems when our privileges become too few, For example:
1.     Legislation abridging our right to bear our choice of arms (Amendment 2).
II.     Insurance companies have been allowed the “taking” of property (Amendment 5) through the use of unrealistic evaluation of the replacement value or property (i.e., vehicles or property damage).
III.    Nursing Homes, Hospitals, and especially mental hospitals are sometimes guilty of depriving “life” and “Liberty . . . without due process of law” by using the “Sword of Damacles” over the heads of patients omitted voluntarily through the stripping of the patient right of leaving voluntarily.  In other words if a doctor doesn’t give his approval for release, the patient must pay “cash” for his own release because the insurance companies won’t pay.  A poor person is therefore held in an insane prison against his will.
IV.    The Nature Conservancy (TNC) and other “Hip Pocket Agencies” and environmentalist continue to put the price of human “life” below that of purported endangered species while at the same time abridging the privileges of the people through “taking” (Amendment 5) of property or monies as compensation for development.  Where does it say in the Constitution or in the Amendments thereof that the people must do the compensating?
Previous legislation proposals wanted a tree to become an endangered species.  But was the tree the real issue?  Or was the real issue you and me?  Taking of our property and abridging our privileges are blackmail, extortion, and plain highway robbery.
The same is true of the illegal immigration issues.  The point is the illegals are not citizens!  As such, they have no rights, nor should they.  When they protested, they identified themselves and should have been deported immediately, escorted across the border by the U. S. Military forces.
I say, “Yes to America.”  And I say, “No to the deception that is invading our shores.”  The 14th Amendment says in Section 5:  “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”  In other words if we want action, Congress has to do it for us.  Congress has shown through history that they have made a habit of waiting fifty to one hundred years before acting.  Do we want to wait until we are dead (the future of America lost) before our rights as citizens are protected?  When Congress has sat on it hands in the past, the people had to take steps to force Congress to act.  Has life in the United States become a game of “Simon Says” or “Mother May I?”
The Supreme Court has been given the authority through court actions to force Congress to act on our behalf.  In the matters at hand the Supreme Court may prove to be our protector.