What is Legal Punishment?

Our country was based on the idea of a constitutional republic. Basically this means that an individual’s rights and freedoms are paramount, and the right of the majority to take away a person’s freedoms is in violation of our Constitution, this was the idea behind the formation of this country.

Our government was formed with the idea of checks and balances between the three departments of government. The Legislative Branch of government is supposed to pass laws, rules and regulations and their primary responsibility is to make sure that said laws do not violate the constitutional premise of individual freedoms.

The Legislative Branch can not defer to the other branches of government the authority to make or explain laws. Legislators cannot make a law and make it so vague or pass along the responsibility of defining exactly how the law should operate to another branch of government. Laws and rule making are the responsibility of the Legislative branch.The legislators can not say that the Executive branch gets to say how the law will be interpreted or add its own language or rules to legislation. This is called the non-delegation of authority doctrine, and that doctrine is true for all three branches of government.

The Executive Branch of the government is where the administration of the government takes place. This would be anybody that is involved of the administration of the government or in upholding the laws such as Law Enforcement. The Executive Branch has no authority to make rules or to set punishments. Note, since Law Enforcement is a member of the Executive Branch it does not have the authority to make up rules or regulations. That is the job of the Legislature, nor do they have the authority to interpret laws. That is the job of the Judicial Branch of government ,

The Judicial Branch is tasked with the responsibility of deciding whether laws follow Constitutional guidelines. If they do not than the law must be struck down by the Judicial Branch as being unconstitutional . The Judicial Branch can also not make laws, rules or regulations, nor can they change the Legislative wording, they can only interpret them. The second part of the responsibility of the Judicial Branch is in deciding if a crime has been committed and what the punishment should be for that crime. Basically the second part of the Judicial Branch’s responsibility is to define punishment. Again, there is a portion of the non-delegation of authority doctrine that falls in place here, and that is that punishment must be described by a judge within the Judicial Department, and it must be defined specifically for each individual. Note, courts cannot delegate the authority to members of the Executive Branch to decide what punishment/restrictions of liberty can be placed on an individual (Parole, Probation, and the Department of Corrections are members of the Executive Branch, not the Judicial Branch). Both the Legislative Branch and the Executive Branch are denied the ability to punish a person or group. Punishment or restriction of liberty most come after  due process of law within the Judicial Branch and the Judicial Branch has to laid out how the punishment will be carried out.

For the Legislators or members of the Executive Branch  to attempt to punish someone outside of the Judicial Branch falls under the Constitutional Violations of Due Process, Equal Protection and Bills of Attainder. Anyone either a normal citizen or a person who has committed a crime and is no longer in prison can not lose any of their constitutional rights without due process  within the Judicial Branch.

Note that the United States courts have defined shaming as a form of punishment.  Shaming is a form of punishment as defined by the Court cases of People v. Meyer People v. Lowe, 606 N.E.2d. People v. Molz, 113 N.E.2d, People v. Johnson 528 N.E.2d, State v. Burdin 924 S.W.2d ,People v. Letterlough 655 N.E.2d, Lindsay v. State 606 So. 2D,

Having put forth this information I would like to submit for your consideration these restrictions placed upon American citizens by the legislative and executive branches of government.

1. A person must check with law enforcement before they can move to a new residence
2. A person must notify Law Enforcement if they change addresses
3. A person must notify Law Enforcement if they change or add a phone number
4. A person must notify Law Enforcement of the names of people that they live with
5. Law Enforcement has the ability to restrict who you may live with
6. Law Enforcement has the ability to restrict persons with whom you associate with
7. Law Enforcement requires you to have a device to constantly monitor your location and movements at all times
8. Law Enforcement places unreasonable curfews upon you
9. Law Enforcement requires you to present yourself at their offices on a regular basis
10. Law Enforcement requires you to pay a fee each time you must visit their office
11. You are deprived of your Second Amendment rights, even if you have not committed a crime involving a weapon
12. You are not allowed to be in the house or on a property of a friend who has a gun
13. You are required, without due process, to submit to mental health programs
14. You are required in advance to notify Law Enforcement of travel across state borders
15. If you travel to other states you have time limits on how long you can be within those states
16. You are forced to take polygraph tests at your own expense
17. You are forced to enter into treatment procedures that have been deemed unconstitutional
18. You are denied many common government benefits, such as HUD and small business loans
19. If you travel outside of the United States you have to notify Law Enforcement a month in advance and they then notify the country that you are traveling to that you are a dangerous person
20. You are denied access to certain areas for housing
21. You are denied access to certain areas for recreation
22. You are denied access to your children’s activities, such as sports events
23. You are denied access to the church of your choice
24. You are required by the government to have special markings placed upon your ID or driver’s license
25. You are required by government to have special markings placed upon your license plates
26. You are required to notify Law Enforcement of all vehicles in your household, even if you do not drive them, and have those license plates numbers published on the internet
27. You are forced to replace your drivers license and license plates at shorter intervals than ordinary citizens
28. Government besmirches your personal reputation based on grouping under the assumption of unjustified dangerousness without showing within a court of law
29. Government denies you participation in holidays and festivals
30. Government denies you access to social and educational media
31. Government denies you access to certain places of business
32. Government denies you access to certain types of employment
33. Law Enforcement denies you the ability to collect certain types of collectibles or toys
34. Government places information upon the internet, making you, your family members, and your property a target for vigilantism
35. Denied access to recreational areas parks, zoos, amusement parks, public libraries with or without your family
36. The government requires you to notify them of people that you are dating or having intimate relationships with
37. The government can deny you the ability to marry another person
38. The Legislative Branch has passed laws based on false information, and when presented with accurate and concise information refuses to change the law
39. The Judicial Branch is fed false information by the Executive Branch for the justification of the laws and bases decisions upon that false information
40. You are denied your right to vote

Now, with this information in hand the question that I would like each and every one of you to ask yourself if your name appeared on the registry with community notification, wether it was justifiably put there or not, with the added restrictions that are now placed on people on the registry, such as being denied the choice of where to live (through residency restrictions), and denying you access to public facilities normally open to everyone in the community, such as swimming pools, churches, library’s, old folks homes, hospitals, and parks, just to name a few. Being required to register in person every three months and run down within 72 hours if you change your address or vehicle, or you had a need to leave the state on a family emergency. If you or family had any, or all of these restrictions placed upon them and they were placed there by the Legislative or Administrative Branch of Government without due process would you consider them to be unjust or unconstitutional and/or punishment? Or are these all just civil regulatory measures like requiring a person to get a driver’s license?

6 comments for “What is Legal Punishment?

  1. Scott
    May 17, 2017 at 4:41 am

    With this bit of information, I guess i am wondering when i should start dressing in red.

    I think an elected official or family member of the elected official in each state who voted for these laws to pass, should secretly go in public as a sex offender and see exactly what we go through in our daily life. Maybe if they actually lived the daily life we live they may change their stance and method.

    (OK, that was just dream) Pardon my thinking. but it was a good idea.

  2. Flossy73
    May 17, 2017 at 5:58 am

    I would argue the drivers license is a government overreach as well.
    I could add to this list all day…….
    •In Louisiana sex offenders are randomly excluded from any benefit from any pardon.
    •If a teacher has sexual contact with a 16 yo he/she must be convicted with “molestation of a juvenile” and labeled a “child predator” Tier II but if you are (for example) a hairdresser and have sexual contact with same teen then you get “carnal knowledge” conviction and Tier I
    •10 years and lifers can appeal for early release from registry if they can show “proof” of a “clean record” but no one had to “prove” they were dangerous in the first place when they got on registry
    •Those who register 25 years are randomly excluded from the privilege to appeal
    •It is illegal in Louisiana to give your own child presents on holidays

  3. caring
    May 17, 2017 at 6:49 am

    Very good summary of the unconstitutional requirement placed upon registered citizens only. No other group, including their families, have to endure this unjust punishment. It is NOT like getting a driver’s license or renewing your car registration, since that is for EVERYONE and not just a select few without any due process. These limitations are put on these ex offenders who have served their time and paid their fees. They are free people in the eye of the law, yet they have to abide by ever increasing made up rules when nobody else is required of the same. This has to be grounds for cruel and unusual punishment, discrimination and equal protection rights.

  4. Shawn
    May 18, 2017 at 11:33 am

    I suppose I should go pick up my gold star and wear it prominently. The next thing is camps and secondary trials. THEN incarceration. Again, for the same crime. When we were sentenced, it was deemed that we had a MEASURABLE DEBT to society, so we were not given life sentences. Upon satisfaction of said debt, it was reasoned that we, like EVERY OTHER prisoner, would be released. Freedom would be ours again. However…..we were wrong. Laws based on opinions, not facts, were passed. We were doomed. No grandfather clause. Retroactive. Forever. And ever. And ever. No jobs, no housing allowed, no dating, no movies, no libraries, no malls, nowhere there might be kids. Also, you have to pay for the privilege of being on a registry you don’t want to be on. So much for ex post facto, or ex post garand, or even article 14 of the constitution. We are the damned. No other way to put it. And sadly, it will never end.

  5. mike r
    May 18, 2017 at 2:32 pm

    This can’t continue..Lifetime parole-probation, lifetime shackles, lifetime reporting and contact with police, lifetime restrictions of all sorts, castration, civil commitment, travel bans, no right to bear arms to protect ourselves and our families, it’s got to end..help me end it..
    Maybe I can start a class action or just get help with my own case that will set precedents for others.feel free to share or ignore it but something has to change…

  6. Sharon
    May 19, 2017 at 9:12 pm

    It’s all about the Government’s destruction of our civil rights and we need to fight. There are other cultures and subcultures who have been targeted and they were imprisoned and destroyed by taking away the rights that we as Americans call “Civil Rights.” Most notable in our time is the Jews, and the Japanese who were targeted in America in WW2, but there are others throughout history.

    Whatever we can do to regain civil rights is exactly what will help us bring down the most insane laws that destroy lives. Our children deserve it. For those who don’t have children, we have many other people that we can help.

    Let’s all spend some real time doing personal soul searching that we are not doing now. What exactly is it that we can do however large or small?

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