"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Saturday, August 06, 2016

Criminal Law, the U.S. Supreme Court, Utah v Strieff, The Exclusionary Rule, The Attenuation Doctrine and The Consent of the Governed

The "law and order" pendulum appears currently to be in a shift from its extreme left swing to a swing in the other, right-oriented, direction.

At the ABA Journal, in Chemerinsky: Has the Supreme Court dealt a blow to the Fourth Amendment?, law professor Erwin Chemerinsky discusses the U.S. Supreme Court decision in Utah v. Strieff and the attenuation doctrine there -- in our opinion -- rightly applied.

In our modern systems of government, citizens surrender various rights in exchange for obtaining greater government-enforced protection and security for themselves and others. Protection of the citizens -- ALL citizens --  is the chief role of government. Not criminals, but honest law-abiding citizens are the ones who are to be protected first as a matter of priority, not vice versa.

When laws or interpretations of laws defeat that protective security promise for the bulk of citizenry, they need to be revised in order to restore the protection and security for which the citizens initially granted their "consent of the governed".

We appear to be in such an era of history where this is necessary now, and Utah v. Strieff moves in the right direction.

Most Popular Posts of All Time

Sky Earth Native America

Sky Earth Native America 1 :
American Indian Rock Art Petroglyphs Pictographs
Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
Volume 1, Edition 2, 266 pages, by Andis Kaulins.

  • Sky Earth Native America 2 :
    American Indian Rock Art Petroglyphs Pictographs
    Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
    Volume 2, Edition 2, 262 pages, by Andis Kaulins.

  • Both volumes have the same cover except for the labels "Volume 1" viz. "Volume 2".
    The image on the cover was created using public domain space photos of Earth from NASA.


    Both book volumes contain the following basic book description:
    "Alice Cunningham Fletcher observed in her 1902 publication in the American Anthropologist
    that there is ample evidence that some ancient cultures in Native America, e.g. the Pawnee in Nebraska,
    geographically located their villages according to patterns seen in stars of the heavens.
    See Alice C. Fletcher, Star Cult Among the Pawnee--A Preliminary Report,
    American Anthropologist, 4, 730-736, 1902.
    Ralph N. Buckstaff wrote:
    "These Indians recognized the constellations as we do, also the important stars,
    drawing them according to their magnitude.
    The groups were placed with a great deal of thought and care and show long study.
    ... They were keen observers....
    The Pawnee Indians must have had a knowledge of astronomy comparable to that of the early white men."
    See Ralph N. Buckstaff, Stars and Constellations of a Pawnee Sky Map,
    American Anthropologist, Vol. 29, Nr. 2, April-June 1927, pp. 279-285, 1927.
    In our book, we take these observations one level further
    and show that megalithic sites and petroglyphic rock carving and pictographic rock art in Native America,
    together with mounds and earthworks, were made to represent territorial geographic landmarks
    placed according to the stars of the sky using the ready map of the starry sky
    in the hermetic tradition, "as above, so below".
    That mirror image of the heavens on terrestrial land is the "Sky Earth" of Native America,
    whose "rock stars" are the real stars of the heavens, "immortalized" by rock art petroglyphs, pictographs,
    cave paintings, earthworks and mounds of various kinds (stone, earth, shells) on our Earth.
    These landmarks were placed systematically
    in North America, Central America (Meso-America) and South America
    and can to a large degree be reconstructed as the Sky Earth of Native America."

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