Now Available on Amazon Constitutional Sound Bites

The 225th Anniversary of the Bill of Rights, Part II

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When reflecting on the first ten amendments to the American Constitution, or the Bill of Rights, focus is often on the great freedoms of religion, speech, press and the right to bear arms.  The Bill of Rights became 225 years old on December 15, 2016. With that in mind, it is worth a moment to […]

The 225th Anniversary of the Bill of Rights, Part I

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December 15, 2016 was the 225th anniversary of one of the great achievements in the history of mankind: affirmation of the inalienable rights of man and specific limits on the power of government to interfere with the rights we are all born with under the laws of nature and nature’s God. These rights were affirmed […]

Cápsulas Informativas Constitucionales (Constitutional Sound Bites) Now In Spanish

Cover Outside

Attorney David J. Shestokas and author Dr. Berta Isabel Arias have released Cápsulas Informativas Constitucionales, now available on Amazon. This publication affords America’s Spanish speaking population an unprecedented opportunity to understand their freedoms, combining translations of America’s founding documents with an engaging discussion of historical context and contemporary application. Honoring a proud tradition, Cápsulas Informativas Constitucionales promotes understanding […]

Appellate Court: Plaintiffs Offered No Proof NSA Violated Their Rights

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“Plaintiffs must realize that secrecy is yet another form of regulation, prescribing not ‘what the citizen may do’ but instead ‘what the citizen may know.’”  US Appellate Court Judge Janice Rogers Brown “…the public has no interest in saving the government from the burdens of complying with the Constitution.”  US District Court Judge Richard Leon […]

The Fourteenth Amendment’s Privileges OR Immunities Clause

Senator Howard Jacob

The Supreme Court deserves the respect it earns.  When it fails to enforce the Constitution as it was written its credibility is strained.  Regarding the Fourteenth Amendment’s Privileges or Immunities Clause, it has been wrong for nearly 150 years. The Bill of Rights was ratified in 1791 in response to complaints that the original Constitution […]

The Fifth Amendment’s Due Process Clause, Descendant of the Magna Carta

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 “No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.” Magna Carta, Chapter 39, June 15, 1215 June 15, 2015 marks the 800th Anniversary […]

The Sixth Amendment’s Right to Confront Witnesses

Sir Walter Raleigh (?)

Sir Walter Raleigh of the late 1500’s is known for a number of things.  He was a great explorer[1] of the New World, both North and South America. He is either credited or cursed for promoting tobacco in England.  He is cited as an example of the consummate gentleman for putting his cloak on a […]

Sixth Amendment Right to Be Informed of Charges

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It certainly seems obvious and fair that when the government charges someone with a crime that the person be told what law he has violated and what he did to violate that law.  That a government does not always conduct itself in a fair manner and that it needs to be reminded of the obvious […]

Sixth Amendment’s Right to a Jury in Criminal Cases

Henry II

The list of colonial grievances against King George included in the Declaration of Independence: “For depriving us in many cases, of the benefits of Trial by Jury: … He has abdicated Government here…” In Article III, the unamended Constitution provided for jury trials in criminal cases[1] as follows: “The Trial of all Crimes, except in […]

Sixth Amendment’s Public Trial: From Communal Duty to Accused’s Right

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The Constitution’s Bill of Rights contains many procedural protections for those the government accuses of having committed a crime.  Among them is the Sixth Amendment right to a “public trial”.  The provision is stated: “In all criminal prosecutions, the accused shall enjoy the right to a… public trial” The concept of a public trial is ancient, but it did […]