How Law Fails

The following case were found at saylordotorg.githun.io

Generally a defendant’s status in society is not a criminal act, such as being an alcoholic or a drug addict. Status is who the defendant is, not what the defendant does. Similar to punishment for an involuntary act, when the government punishes an individual for status, it is essentially targeting that individual for circumstances that are outside his or her control. This punishment may be cruel and unusual pursuant to the Eighth Amendment if it is disproportionate to the defendant’s behavior.

In Robinson v. California, 370 U.S. 660 (1962), the US Supreme Court held that it is unconstitutional as cruel and unusual punishment pursuant to the Eighth Amendment to punish an individual for the status of being a drug addict—even if the drugs to which the defendant is addicted are illegal. 

The Court compared drug addiction to an illness, such as leprosy or venereal disease. Punishing a defendant for being sick not only is inhumane but also does not specifically deter, similar to a punishment for an involuntary act.

In contrast, the case of Powell v. Texas, 392 U.S. 514 (1968), the US Supreme Court upheld the defendant’s conviction for “drunk in public,” in spite of the defendant’s status as an alcoholic. The Court held that it is difficult but not impossible for an alcoholic to resist the urge to drink, so the behavior the statute criminalized was voluntary. 

Also, the Court ruled that the state has an interest in treating alcoholism and preventing alcohol-related crimes that could injure the defendant and others. Pursuant to Powell, statutes that criminalize voluntary acts that arise from status are constitutional under the Eighth Amendment.

If the defendant can control the actions at issue in spite of his or her status, the defendant’s conduct can be constitutionally criminalized and punished pursuant to the Eighth Amendment. This is where the law fails to equally prosecute or protect, respectively, the perpetrator and the victims.

While it is difficult, but not impossible, for a drug addict to resist the urge to enter an altered state of mind by using drugs. It is a conscious and voluntary choice before they facilitate the introduction of drug(s) into their body. Regardless of whether that introduction is oral, injected, smoked, 'snorted', or by any other means. 

If it was impossible to resist the urge to use drugs nobody would seek treatment; let alone successfully complete a drug treatment program. 

Alcoholism is also a treatable illness which is not always 'controllable' by the alcoholic. The State should also have an interest in treating drug addicts and preventing drug addicted crimes, which generally include promoting the sale and use of illicit drugs, theft, burglary, breaking and entering, and other serious crimes which could, and often do, injure the drug addict and others, but not at the expense of innocent taxpayers who are not involved in the crime or the addicted perpetrator!

Dear Government

RE: Cease and desist from any and all acts that violate the Constitution of the United States of America.

This letter is to all the Members of the United States Senate, House of Representatives, Members of the Judicial Branch, and the President of the United States. Collectively called 'The Government', this letter is directed at and for anyone and everyone who is currently serving as an elected official or appointed to office by the President.

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.

You have failed to uphold the Constitution, the Bill of Rights and the Oath of Office upon which you swore. You allow a President to commit treason over and over without doing your sworn duty to remove him from office. That makes YOU an accomplice to EVERY illegal and treasonous act he has committed! With acts like implementing House Resolution 569 it leaves NO doubt that ALL Congressmen, members of the House of Representatives, and other Government Officials ARE actively attempting to over throw OUR country!

US Constitution Article 2 Section 1
No person except a NATURAL BORN CITIZEN (BOTH parents must be US citizens), or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

US Constitution Article 1 Section 3
No person shall be a Senator who shall not have attained to the age of thirty years, and been NINE years a citizen of the United States and who shall NOT, when elected, be an inhabitant of that state for which he shall be chosen.

Found at Harvard Law website:
The Naturalization Act of 1790 expanded the class of citizens at birth to include children born abroad of CITIZEN mothers as long as the FATHER had at least been RESIDENT in the United States at some point. 

Public Law 414 CLEARLY defines what is NOT considered a natural born citizen!

There is NO question that Barry Soetoro's, aka Barrack Obama, father was NEVER a resident of the United States! Regardless of where he, Barry/Barrack, was born he is NOT a natural born citizen! 

You allow this false POTUS to write Executive orders and pretend they are law. This does NOT mean Barry Soetoro/Barrack Obama can by pass the proper/established methods of making laws for the citizens!

The PROPER way to make laws is the directive from an Executive order is sent to the Executive Branch for approval/changes. They approve/change as necessary and send it to the Judicial Branch of the government for approval/changes. Then the Executive Order is supposed to be sent to the Legislative Branch for enactment.

Amendment XIII
Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

All Americans have been FORCED into servitude of this corrupt government. You have refused to hear the voice of the people and take the appropriate actions. YOU have given aid an comfort to the enemies of America! Some of those enemies reside within the borders of our Country. Those enemies are making laws that directly affect the American people - this was NEVER the intention of the Constitution!

You forced a health care system on us that has removed our choice of doctors. You fine businesses and people for not having health care. Creating further burden on an already strained economy.

You have taken control of our media so we don't even know what you are doing any more. You have spied on us, lied to us, stolen from us, killed us, and committed treason.

You sign private and unconstitutional deals with any country or corporation that will pay YOU the most money while there are homeless and hungry men, women, and children in every city, town and, village in this once great nation.

With 'deals' like TPP, you will eventually sign away the few remaining freedoms, rights, and liberties the Americans have left.

You have allowed corporations, like Monsanto, to poison our air, water, ground, and food with toxic chemicals. You refused to let the people have a say in many of the unconstitutional laws you created.

Under federal law, 18 USC 242, it is illegal for anyone under the color of law to deprive any person of the rights, privileges or immunities secured by the U.S. Constitution, and under 18 USC 241 it is illegal to conspire to violate such rights. It is a felony punishable by up to 10 years in prison. (Title 18 Part I, Chapter 13 ~242)  

The events in Oregon, Texas, and other States are reprehensible. The GOVERNMENT is the terrorist organization wantonly killing citizens and breaking laws it created and enforces against the citizens.

You have destroyed homes, businesses, families, and lives in your zealous effort to 'remove' drugs from our streets. Only to have those confiscated drugs mysteriously appear back on the streets.

The time has come to end the losing 'war on drug', decriminalize all drugs that are currently illegal. ALL non-violent 'drug offenders' being held on any type of drug charge should be immediately released.

You have failed us, the American people, you have pretended to fight a war on drugs, while you continued to fuel that war by providing cartels, such as the Mexican Drug Cartel, with drugs, money laundering services, and firearms and ammunition to be used against the American people. Since it is 'legal' for Big Pharma to possess and 'research' with these drugs it should be legal for the American PEOPLE to posses them!

With the current level of abuse of FDA approved prescription drugs, that cause more harm than good, there is NO reason to keep shelling out multi-billions of dollars to private prisons for the incarceration of non-violent offenders who sit in prison for 'drug offenses'.

You allow citizens to be put in prison when they do the exact same thing that the government has allowed government agencies, bankers, corporate executives, and corporations to do.

Amendment IX: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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.

We the people here by declare OUR independence from the oppressive government that seeks to destroy all that our Great Nation once was.

Sincerely,
The American People