Saturday, January 11, 2014

Marked Signs of Tyranny over Law (DWI)

For Christmas I asked Tony to get me the book If This is Man by Primo Levi published in 1947. Somehow I had come across a review of this book and what fascinated me was that this was the autobiographical account of  the Nazi Auschwitz concentration camp written by a survivor who was a chemist in his early 20s.  My experience with true chemists (possessing chemistry degrees) is that they are extremely intelligent and detail oriented. I expected to find a book rich in detail and sage with life observation. What I did not expect to find were the parallels with Nazism and the loss of rights evolution that has occurred in this country with those accused of DWI. Much like Nazism, MADD has turned its focus into a widely successful propaganda machine where like the overall German population who closed their eyes to the atrocities against the Jews, basic constitutional rights have been stripped away and allowed by the majority of our American population and our criminal justice system. Some striking passages in the book:

"... a country is considered more civilized the more the wisdom and efficiency of its laws hinder a weak man from becoming too weak or a powerful one too powerful."

Right now the politics of MADD has been so successful that basic constitutional guarantees such as the right to be free from illegal search and seizure and double jeopardy nationwide have been stripped away. "Surcharges" from state highway departments as high as $6,000.00 as a form of double jeopardy punishment have been approved in many states punishing a citizen of DWI twice after they have been assessed fines and court costs in their criminal case despite the Constitutional guarantee against this. (I sued Texas DPS over this and lost.) Recently the United States Supreme Court determined in Missouri v. McNeely that police can not forcibly obtain blood from a DWI suspect without a warrant, yet despite this April 2012 decision courts across the nation including Texas are issuing opinions that continue to allow this under the "implied consent" statute even though the Supreme Court addressed this and under our laws- state laws can't trump basic constitutional rights. The disregard for the Constitution and the United States Supreme Court is brazen.

How does this happen ? An insight from the book and the true nature of man as demonstrated by Nazi history: (I think of this as the prosecutors and judges who consciously disregard their jobs to properly interpret and enforce the laws starting with the Constitution.)

   "...the more power that he is given, the more he will be consequently hateful and hated. When he is given the command of a group of unfortunates, with the right of life or death over them, he will be cruel and tyrannical, because he will understand that if he is not sufficiently so, someone else, judged more suitable, will take over his post. Moreover, his capacity for hatred, unfulfilled in the direction of the oppressors, will double back, beyond all reason, on the oppressed; and he will only be satisfied when he has unloaded on to his underlings the injury received from above."

What is happening when the basic guarantees of our Constitution become meaningless ? It points much like in WWII to an authoritarian state. Uncanny rehauntings of a loss of lawful dignity from the book:

"In an authoritarian State it is considered permissable to alter the truth; to rewrite history retrospectively; to distort the news, suppress the true, add the false. Propaganda is substituted for information. In fact, in such a country you are not a citizen possessor of rights but a subject, and as such you owe to the State fanatical loyalty and supine obedience."

Bottom line, our law enforcement, district attorneys and judges have lost reason for the propaganda machine of MADD politics. What happens then ? It is already happening here in the loss of the basic rights of the innocent until proven guilty citizen accused. A poignant passage of the book:

"In every part of the world, wherever you begin by denying the fundamental liberties of mankind, and equality  among people, you move towards the concentration camp system, and it is a road on which it is difficult to halt."

Sheriff Joe in Phoenix Arizona is already humiliating DWI inmates by putting them into pink jumpersuits and states across the country are passing DWI laws where citizens with a past DWI conviction have to use license plates that brand them as such.

It is important that one separates their feelings when considering this loss of constitutional liberties.  Our Constitution was formulated to apply to all citizens accused of all crimes. To stop this tyranny we must first recognize it and go back to reason.  A concluding thought from the book on how it all begins:

"This collective madness, this 'running off the rails', is usually explained by postulating the combination of many diverse factors, insufficient if considered singly..."

\It's time to we go back to reason. We are in DWI police state tyranny. This is unAmerican at its core.

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