The dick act of 1902

Discussion in 'Freedom and Liberty' started by marlas1too, May 4, 2016.

  1. marlas1too

    marlas1too Monkey+++

    I don't know if this has ever been posted but its an eye opener at what we don't know or what the government keeps us from knowing
    Dick Act of 1902
    arleigh likes this.
  2. kellory

    kellory An unemployed Jester, is nobody's fool. Banned

    I failed to turn it up in a quick search, but I know it has been discussed. The part of the story that brings it to mind is this part...
    "The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder andex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights. "
    ...which if I remember correctly, is complete gobbledygook.
    It has nothing to do with bills of attainder. And ANY act can be repealed with a high enough majority. Even the rules of how Congress acts can be changed with a high enough majority.

    "A bill of attainder (also known as an act of attainder or writ of attainder orbill of pains and penalties) is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial.
    Bill of attainder - Wikipedia, the free "encyclopedia

    Bill of Attainder

    Definition: A legislative act that singles out an individual or group for punishment without a trial.

    The Constitution of the United States, Article I, Section 9, paragraph 3 provides that: "No Bill of Attainder or ex post facto Law will be passed."

    "The Bill of Attainder Clause was intended not as a narrow, technical (and therefore soon to be outmoded) prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function or more simply - trial by legislature." U.S. v. Brown, 381 U.S. 437, 440 (1965).

    "These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment." William H. Rehnquist, The Supreme Court, page 166.

    "Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. ... The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community." James Madison, Federalist Number 44, 1788.

    Supreme Court cases construing the Bill of Attainder clause include:

      • Ex Parte Garland, 4 Wallace 333 (1866).
      • Cummings v. Missouri, 4 Wallace 277 (1866).
      • U.S. v. Brown, 381 U.S. 437 (1965).
      • Nixon v. Administrator of General Services, 433 U.S.425 (1977).
      • Selective Service Administration v. Minnesota PIRG, 468 U.S. 841 (1984).
    See also, SBC v. FCC.

    Definition: Bill of Attainder.
    Last edited: May 4, 2016
    marlas1too likes this.
  3. Legion489

    Legion489 Rev. 2:19 Banned

    As with much "Snoops" (hubby/wife team looking stuff up on the net) this is a mix of accurate and well, internet stupidity, of which there is plenty. Research it and look the stuff up for yourself to find the truth. A half truth is much harder to disprove than a whole lie, which is why the internet fools and liers use it.
    Mountainman and Brokor like this.
  4. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    Most Americans today believe that the National Guard is the Militia reserved to the states in the State Constitutions and the Constitution of the United States of America. Nothing could be further from the TRUTH.

    The National Guard did not exist from the beginnings of the Republic until 1903 when it was instituted and created by Congress as the Act of January 21 , 1903, known by the name of its sponsor as "The Dick Act".

    In 1982 the Senate Judiciary Committee Sub-committee on the Constitution stated in Senate Document 2807:

    "That the National Guard is not the 'Militia' referred to in the Second Amendment is even clearer today. Congress had organized the National Guard under its power to 'raise and support armies' and not its power to 'Provide for organizing, arming and disciplining the militia.' The modern National Guard was specifically intended to avoid status as the constitutional militia, a distinction recognized by 10 U.S.C. 311(a).

    Title 32 U.S.C. in July 1918 completely altered the definition of the militia and its service, who controls it and what it is. The difference between the National Guard and Regular Army was swept away, and became a personnel pay folder classification only, thus nationalizing the entire National Guard into the Regular Standing Armies of the United States."

    All the arms, munitions, armament and equipment of the National Guard is owned and controlled by the federal government, not by "the people" as clearly stipulated in the last phrase of the Second Amendment.

    The Unorganized Militia consists of all able bodied persons of the nation and of the states between the ages of 17 and 44, and is exclusive of all members of the organized militia, i.e., the Armed Forces of the Federal Government of the United States and of the National Guards of the various states of the Union.

    Title 10 U.S.C. 311. Militia: composition and classes

    (a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

    (b) The classes of the militia are -

    (1) the organized militia, which consists of the National Guard and the Naval Militia; and

    (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

    link: United States Constitution Amendments - Article II
  5. marlas1too

    marlas1too Monkey+++

    my thanks to kellory and brokor for your input you both cleared up a lot for me--thanks again
    kellory likes this.
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