Shaming is Punishment without Due Process

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, whether 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?

10 comments for “Shaming is Punishment without Due Process

  1. Tim
    January 8, 2019 at 10:10 am

    We are 17 days into a ‘ partial government surgeon’s !
    The folks on the dole are squawking loudly and I couldn’t be more thrilled about it.Going long periods without a paycheck is something many many registrants experience regularly. So pardon me If I grin just a little bit when I read about (Men?) like the leader of the Federal treasury employees union who claim ” it’s just rubbing salt into our wounds”. when referring to being forced to work unpaid. Are registrants not forced to update the database machines? Registration fees come along with the onus. do they not?

    Sex offender registration is plain indentured servitude even if it’s ” mainly administrative ” it is still work! If administrative activity is not WORK then how do judges justify their activity worthy of pay? The same goes for every government employee who’s duties include administrative activity. The failure to provide information cases are examples of deprivation of speech. The right to remain silent is key to retaining a free people get has been overrun by the perception of database need. It always was an electronic bridge to nowhere but highly popular, profitable, both financially and politically so the few. It deserves to fall apart the whole damn union.

  2. Sharon
    January 9, 2019 at 12:15 am

    The truth to parole is that it is an extension of prison and therefore the “prisoner” does not have all constitutional rights. I guess the other side of the coin – the truth is that most people would rather be on parole than behind bars. But, yes, the rules and restrictions of parole can create a very sad life and destroy all hope for a good and normal life. It is very upsetting and tragic.

  3. January 9, 2019 at 8:29 am

    I totally agree. My research has shown that being a registered citizen does not stop sex offenders from being offensive.

  4. T
    January 9, 2019 at 11:05 am

    We saw the public sector unionized mob in our State Capitol, Madison shouting Shame! Shame! Shame! toward the legislation known as act 10, in 2010. The act removed some union power to utilize dues for political activities and was signed into law by Gov. Scott Walker.
    I am in no way a fan of Walker, to me he’s a pure capitalist. He finds ways to cut tax deals with large firms like foxconn to the state. The deals are not long term solutions as the people’s purse gets depleted even if some jobs are created. The income tax derived falls far short of the tax that could have been collected by usual tax on the firm. We have seen many a corporation come and go usually leaving blight behind them. The GM factory in Janesville is but one example. We have suffered poor leadership long enough!

  5. Sharon
    January 9, 2019 at 4:22 pm

    >>>>It deserves to fall apart the whole damn union<<<<

    It does kinda' have that "look", doesn't it?

    • Tim
      January 10, 2019 at 11:30 am

      Yes ma’am it does,
      Cut throat leadership.
      Expanded emphasis toward the extremes east and west.
      War weariness
      Financial challenges and unmanageable debt.
      Throngs of folks encroaching from every border.
      Seems I’ve read about this in 5th grade history.

      They’ve got it figured a database will save them. It cannot.

      If you turn a nuisance into a capitol crime it soon actually becomes one.

  6. Scott
    January 10, 2019 at 1:00 pm

    Some of these depend on the state you live in. Not so much the law of the land. Some states are “worse” than the federal government.

    Some states wont allow any felon to vote. for instance, While in some states you are denied voting right while incarcerated and some while incarcerated, on parole or probation. Its always best to look for the pros and cons to each states laws VS the laws that are passed by those in the federal laws of government. Please note that some laws can be persuaded by state reps or state congressman. Federal Government cannot tell that states what to do. This is why its important to reach out to those who are in your state that represent you (All state citizens) at state level and congressional level.

    We do have some rights but very few will listen due to bias and fear of static from fellow colleagues within their community or job.

    as far as the government shutting down, it doesn’t effect local laws who communicate with those at the federal level.

    however, just like the song by Willie Nelson. “It’s All Going to Pot”.

  7. MARK S.
    January 11, 2019 at 10:50 am

    This above article to me is: Res ipsa loquitur. There is really nothing I could comment upon except for this: and I qualify this for America at present. – the world of hate, unforgiveness, and revenge. If America could get away with it, offenders would be taken behind the barn and summarily shot as they still do in Communist countries. But America is a nation of laws. We virtually destroy people in America with laws, courts, and lest I forget, the media, and perpetually enacted consequences. Only to discover the “moral” vanguards who write these laws are just as flawed as those whom they oppress… For what it is worth: 2Timohy 3:1-5……….

  8. Scott
    February 8, 2019 at 10:12 am

    Shaming Without Due Process.

    I would like to ask my counter parts who visit this forum NEW and OLD to please recognize for every NEWS report or arrest in your local area and abroad is only making those who are trying to make a life change and work to conquer life goals that these NEW crimes are also making it look bad for those who are on the registry look even worse and it is like opening an old wound to bleed again. Being on the registry for years doesn’t matter to society and they only look at your name what is lodged against their background as you being Registered Citizen, they look no further except to being hateful and vigilantism which has and an end up with severe consequences and sometimes death.

    Somehow we need to band together and reach out to communities and find a way to educate them on just how much they are fed Myths instead of Facts.

    I say this only because employers will not hire you even if they say they are a second chance company or employer. Second Chance does not mean it is for everybody. It matters to what degree your charges are and doesn’t matter how long ago or even give you a chance to show how much a person has changed. Partly so because of the recent uptick on sexual harassment among those who are superstars or those with popularity in government or local community leaders.

    This does not exclude those who are searching for housing or any type social services. especially those who are trying to escape the weather due to climate changes that result as natural disasters. This only helps to cause recidivism while these things are making it hard for a person to change for the better. We didn’t say everyone is capable of Help, but when we deny them the help to achieve their goals to achieve significant life changes as we all want them to have, for the better of them, and the community, Communities only help induce a re offense that doesn’t need to happen. Lets find a way to help each other and prove to these Opressionists who we really are.

  9. February 13, 2019 at 4:57 pm

    March 2005, I was required to regeatry as a sex offender do to back 1992, April I went to a hearing at the state house to put sex offenders guilty June 1982, as soon as the commetie passed a State Senator said next we will go back to 1972, that did not happen.

    Easter 2006 a guy from Canada killed 2 sex offenders at there homes one about 3 am and one about 8:30 he got the names off the internet, he over 30 names on a list, Just before that happened a sex offender took a DA to court refusing to regiseter, DA reply was no one has seriously got hurt. That ended up in the State of Maine Supreme Court. I got off the registry April 2012. There was over 40 sex offenders that filed some got off and some did not.

    Ray

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