The Grand Experiment

In 1788 our Founding Fathers established the Constitution of the United States of America. When ask what type of government they had given the people, Benjamin Franklin responded and I paraphrase: A Republic, if you can keep it. A Constitutional Republic was something that had never been tried before. This Grand Experiment, as it has been called, appears to being torn asunder at its very fabric.

Consider voting rights. This right is under attack after being so hard fought for over the years. Many contend that voting is not a right because it isn’t mentioned as such anywhere in the body of the Constitution. This belief totally ignores the amendments.

The Ninth Amendment, being part of the "Bill of Rights" reads: "The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people." Since the Constitution establishes a Republic where the representatives are elected by those represented, one would suppose that voting is a right though no enumeration exist.

The framers of the Fourteenth Amendment (1868) certainly believed such a right existed. The second sentence of Section 2 begins: "But when the right to vote at any election ..." Again in the Nineteenth Amendment (1920) its framers acknowledged a right to vote: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."

So why is the right to vote under attack in so many states that are controlled by a single ideology? Is it, perhaps, an attempt to nullify the Voting Rights Act of 1965 which brought into the process many voters whom support a different ideology? Yes, these states defend their actions as working to curb voter fraud. However, in the 226 years since the Constitution was ratified, there has never been an election where voter fraud existed to the point that it altered an election. This defense is nothing more than a "red herring."

These states have gerrymandered their state to the point where a single ideology can win state election. Yet, when it comes to federal elections, which is controlled by the Constitution, they fail. So they are left with only one solution, remove from the voting pool those who support a different ideology. Sone of these states have even purposed gerrymandering the outcome of their state’s Electoral College votes.

Why has the election and re-election of our first racial minority President torn so hard at the very fabric of this experiment, the right to vote? Is the racial majority feeling so guilty about their treatment of minorities in the past, they are now paranoid about retribution? Since there is no evidence indicating that the Obama administration has done anything that discriminates against the racial majority, how else to explain the paranoia?

The experiment, while flawed in the beginning, did provide a means to correct those flaws. Three of those flaws have been corrected by constitutional amendments and legislation. The first was the elimination of slavery. The second was extending full citizenship to former slaves. The third was giving the vote to women, the Nineteenth Amendment.

Ninety-seven after the Fourteenth Amendment was ratified, Congress finally did, through legislation (the Voting Rights Act of 1965) extend to all descendants of former slave the right to vote thus enhancing the freedom the amendment promised them. And Section 5 of the Fourteenth Amendment does extent to Congress the "power to enforce, by appropriate legislation, the provisions of this article."

Freedom, being very much a part of the Grand Experiment, does not exist without the right to vote. Now we have an ideology working to once again curb the freedom promised in the Grand Experiment, a promise that took 177 years to fully achieve, by restricting the right to vote.

Such action does tear at the very fabric of the Grand Experiment. If we allow it to be torn asunder, the aspirations and dreams of the Founding Fathers put forth in 1788 with the Constitution, no longer exist. We prove Benjamin Franklin correct when he questioned whether we would be able to keep and maintain a constitutional republic.

Kids Need to be Kids

I know I should be working on "Justice Tempered?" instead of venting over something I just read. However, I just can’t pass this up.

A school principal offered his suggestion to the youth of today when they complain "what can we do, where can we go?" Our school principal’s suggested they "Go home, mow the lawn, wash the windows, learn to cook, build a raft, get a job, visit the sick, study your lessons and after you’ve finished, read a book."

While there is nothing wrong with these suggestions, one thing is left out: Kids need to be kids." How many time have you read something about countries using child labor and responding that kids need to be kids?

The problem today is: Where can a kid be a kid? When I grew up we had place to play. All we needed was an open field and enough kids for a game of baseball or football. Then there was the woods where we played cowboys and indians. Robin Hood or a number of games where we used our imaginations. Today kids have none of these places where their imagination is needed to entertain them.

Without imagination, reading a book is hard. Without imagination, predicating what may happen is next is to impossible. As adults we complain, self included, about imagination not being present in the young. We complain how TV has killed imagination because it supplies all the answers. In my youth TV was an infant. We had radio programs such as "The Shadow" which required imagination. For kids today, radio is nothing more than music.

I have a great-grandson that shows he has an imagination to go along with the abundance of energy he possess. Yet, there are many times when he is using that imagination, we adults criticize him, expecting him to be a four year old adult. This is not what we should be doing to our children, expecting them to be young adults.

There are many of you that will say that times have changed. Things are just not like they were when I grew up. While that is true there is one thing that hasn’t changed: Kids are still the same as they were in 1940s when I was a kid. They still need the same opportunity to sharpen and hone their minds by using their imaginations.

The principal goes on to say the world, nor their parents owe them anything. That is far, far from the truth. We owe these kids the opportunity to be kids. We owe, as a community, not just as individuals, these kids something more than TV, video games and only sixty minutes a day "Play Time." We owe them the opportunity to sharpen and hone their minds with imagination.

Another Apology

Sorry folks.  I do, however, have an excuse for missing another Friday posting.  With the birth of my great-grandson on Monday, it has been a hectic week.  Since I am the only one in the family that does not have to report for a job, naturally I'm the one that is called upon to do the running. 

Know something though, I just love it.  I realize now how much having a job keeps one from enjoying the arrival of new members of the family. 

Not making any promises, but maybe after getting all the doctor visits for both mother and son done, I can get back to rewriting "Justice Tempered?" on a daily bases.

Terry

Great-Grandson

Yesterday, February 24, 2014,

 my second great-grandson, Tristan Eugene St. Clair Clune, blessed my life by being born.  My Granddaughter honored me with a name sake, Eugene.  Mom and baby are doing well.

Thanks for allowing me to share this lmoment with all of you.
Terry Eugene Peele

An Apology

Friends:

Sorry about not have a "Justice Tempered?" chapter today.  I wrote this twenty years ago and I needs to be re-written before posting.  My computer has been in the hospital for the past week and I find it very hard to work on my wife's. 

I get my computer back tomorrow and will began working on another chapter and publish it as soon as it is finished.  Promise, no later than next Friday.

Thank You
Terry

Justice Tempered? Chapter Three

Chapter Three

　

"I SHOT THE SONS-A-BITCH."

This was the phrase Ernest heard that morning when he entered his office to find Mildred and a bloody mass he assumed was a woman holding a bundle. Mildred gave Ernest a bewildered look. "This is Carol Thornton..." is all she managed to say before being interrupted with the haunting phrase. Mildred then continued: "All I can get from her is that statement and the fact she needs to see you. I’ve already called Doc Paige and he is on his way over."

Thornton, a name that had been a thorn in Ernest’s side since childhood. Harvey Thornton was the bully of Campo Though two years older than Ernest, by the seventh grade he was in the same class those Ernest’s age. Two years later he was gone from school, but not from Campo. Harvey had quite school and was working at the brick yards.

In 1942 when Ernest joined the Army he had done so with a classmate, Buford Bucnagel. On the way to Atlanta to be sworn in, they had stopped at the Courthouse in Clarksdale. The recruiter told them they had to pick up a young man that had chosen to joint the Army instead of going to jail. When the sheriff’s deputies escorted the man out, Ernest’s heart sunk: it was Harvey Thornton.

While the recruiter signed the custody papers, Harvey set down behind Ernest and Buford. "Boy is this Army in trouble, a pansy and a bookworm."

While boot camp was not as bad as Ernest had imagined on the bus ride to Atlanta - Harvey became the protector of the Campo 3- it still didn’t go smoothly. Ernest had the highest marks on the rifle range, earning him the nickname "Davy," which didn’t set well with Harvey. "How the hell did a bookworm like you learn to handle a rifle like that. That’s suppose to be a man thing," was his response.

In England for further training Harvey had proven himself somewhat - he was given strips and made squad leader. Ernest was glad he had been sent to sniper school and reported directly to the company commander. He knew he would never have lasted had he been assigned to Harvey’s squad.

Doc Paige entered the office and went directly to Carol. "Somebody hold this baby while I examine this woman." This was Ernest’s first clue that the bundle she held was a child. "This woman needs to be in a hospital now. Please help get her to my car."

As they helped Doc get Carol to the car, Ernest had one question: "Do you want me to be your lawyer." When Carol nodded her head, Ernest looked to Doc and ask: "You witness she answered in the affrimative? That being the case she talks to no one except you and the doctors and nurses at the hospital. I’ll be there as soon as I can" He then turned to Mildred: "I think you need to call the Sheriff’s and have them check Harvey’s house."

As Mildred made her call, Ernest went to his phone and called Dotty and ask if she could get away from the library and go to the hospital and help with the baby. When assured she could he returned to Mildred’s office. "Is there anything else you can tell me?"

"No. She and the baby were hiding in the bushes when I arrived. She came out as I was unlocking the door and scared me half to death. She told me her name, said she ‘Shot the sons-a-bitch’ and said she wanted to see you. As soon as I realized she was hurt, I called Doc."

"Okay. Cancel everything for today. I’m going to the hospital. I’ll call you as soon as I can to learn what they found at Harvey’s house. I can just imagine." Ernest looked around for his coat and then realized he had never taken it off.

. . .

On the trip to the hospital, Ernest reflected on the one and only time he had met Carol Thornton. Seen may be a better description of the occasion since he had not be introduced.

That day was a week after the Miss Flora Bess incident and now Ernest was reliving it. Miss Flora Bess, the spinster daughter of Charles Astor lived alone in Astor Manor. She was the last direct decedent of Richard still living in Campo. Early on Friday afternoon Miss Flora Bess was walking the streets, much in disarray.

Miss Flora Bess had never been know for her fantastic attire or the manner in which she wore it, yet this afternoon, her appearance and manner was quite noticeable. Being so incoherent no one could determine what had happened, she was taken to the hospital in Clarksdale and from there to the mental institution in Atlanta.

Speculation soon began to circulate that she most likely had been raped by Rufus Johnston. Rufus was a negro handy man from Shankletown, the black section of Clarksdale, who worked for the Kosners. Miss Flora Bess also used him to do some chores for her. When Rufus failed to show up for work on Saturday morning, everyone just knew that was what had happened.

Now here was Harvey Thornton waiting for Ernest when he arrived. Before Mildred could say anything, Harvey chimed in with: "How’s it going Davy?"

Ernest looked to Mildred and she shrugged her shoulders. "Mr. Thornton would like to talk to you even though he doesn’t have an appointment."

"Got some troubles, Davy and this time I need your help."

Shrugging her shoulders again, Mildred told Ernest he did have a few minutes that morning.

"Give me a few minutes to get some things in order and then I’ll see you. Mildred, could you please step into my office please." Once in his office and the door closed behind them, Ernest, heavily, place his briefcase on his desk. "Why do I have the feeling this has something to do with Miss Flora Bess?"

"Because you know Harvey Thornton, that’s why."

Ernest hung his coat on the rack and just fell into his chair. "Do you think you can get an update on the status of the situation?"

"I can still have some connections. I can make some calls."

"Okay. Give me some time to gather my thoughts and then I’ll buzz you."

Over the past six or seven years Ernest had little experience with Thornton because of being in school. On the few occasions they had encountered each other, Harvey had been the one controlling the situation. He had insisted on being called Sarge and calling Ernest the Army nickname "Davy." Ernest determined this would end, and he would he, now, would be in control.

When Ernest buzzed Mildred, he was surprised to learn that there was a Mrs. Thornton and she was in his office. "Sent both in." When he saw Mrs. Thornton enter behind Harvey, he immediately developed a sympathy for her. Here was nice looking lady, whose face showed no life. Ernest knew that she was completely controlled by Harvey.

Harvey pointed to the couch and told his wife to sit there while he and Davy talked. Once Harvey was seated Ernest established some ground rules. "From this point on you will call me Ernest. I will call you Harvey or Harv, which ever one you prefer. No more Davy or Sarge. That time as passed."

From Harvey’s face it was easy to tell he was displeased. Ernest was sure there had been few times in his life that someone had challenged Harvey’s control.

"But its been Davy and Sarge for so long."

Ernest stood and looked directly into Harvey’s eyes: "It’s my way or there’s the door on your way to Clarksdale."

When Harvey’s body slumped in despair or aggravation, Ernest knew he was now in control of the situation. "Okay. Before we go any further, are you retaining me?" The puzzled look on Harvey’s face told Ernest he needed to rephrase. "Are he hiring me to be your lawyer?"

Harvey told Ernest yes, but, he didn’t have any money. He was sure, however, that this was such a great opportunity for Ernest that money wouldn’t be necessary. Shaking his head, Ernest told him to go ahead with what was happening.

"They tell me the Sheriff is looking to arrest me."

"Who are they?"

Harvey told him it was the gang that hung out at the barbershop. Seems one the Sheriff’s deputies lives in Campo and had let it slip that the Sheriff was looking for Harvey and that most likely he would need a lawyer.

When Ernest ask why, Harvey told him it was most likely the disappearance of Rufus Johnston. "You know, that damn nigger that raped Miss Flora Bess."

When Ernest ask if he knew anything about the handyman not showing up for work this past week, Harvey answered: "Hell no. But, I was a nigger that raped a white woman, I’d sure as hell leave town."

Ernest knew there was more here than met the eye. He was hoping Mildred had found out something by now. "Excuse me. I going to see if Mildred has learned anything. I ask her to call Clarksdale. I’m also going to ask your wife to step out. This conversation from now on should be between just you and me." When Harvey nodded, his wife followed Ernest out. There she seat down on the couch, folded her hands in her lap. Ernest knew she would be in the same position when he and Harvey were finished.

Mildred handed Ernest a sheet of paper with everything she had found out. Ernest read it and returned to his office. There he told Harvey that sure enough there was an arrest warrant of him. While it wasn’t for murder, it was for a person of interest.

"That God-damn Sheriff. This is because of him." When Ernest ask why Harvey thought that, "It’s because he thinks I the father of his bastard grandson, that’s why."

What Ernest didn’t tell Harvey was that a traveling salesman had been arrested for fim-flaming a man and to get our of jail, he told a story of being in Campo on Friday afternoon and had joined with some other men who approached Johnston, throw him into a car and drove toward the old kilns. He had identified Harvey as being one of the men. Ernest wanted to know more before Harvey knew his had this information.

When Ernest told Harvey they needed to go to Clarksdale and voluntarily answer the warrant, he wasn’t to happy, but he agreed to go. Once in the outer office Harvey told his wife to go home and stay there. He reminded her that he had people watching. Ernest look at Mildred and just shook his head."

While Ernest had not been to happy that his first foray into criminal law had involved Harvey Thornton, he had benefitted from the experience. It had given him the opportunity to get to know Samuel "Sam" Tanner, the current assistant District Attorney. Judge Milford had thought highly of Sam and had ask him to attend some social events. Thus Ernest had met him on a few social accessions. Now Ernest could become acquainted with him on a professional bases.

It also helped to know Sam on a professional base since Tanner was running for the office his current boss was retiring from. Tanner had been an Army lawyer who had stayed in Germany to assist in the Nuremberg Trials. Back from Europe Sam had taken this job knowing the current DA was not running for re-election.

As Ernest pulled into the hospital’s parking lot, he spotted Dotty’s car and parked beside it. When he found Doc Paige, he was greeted with not so good news. Carol was in emergency surgery and things were touch and go. "That young lady, by all accounts should be dead. Her concern for that baby seems to be the only thing that has kept her alive. She had to be running on pure adrenaline."

Just before Doc could answer Ernest’s inquiry as to where the baby was, Dotty walked into the waiting room with the baby in her arms. Ernest noticed the sparkle in her eyes as she looked down at the bundle in her arms. "His name is Christopher."

When Ernest ask about talking to Carol, Doc told him it would be awhile, tomorrow at the earliest and if he was scheduling things it would be best to put Carol on for the "day after tomorrow, that is if she survives this."

That being the case, Ernest decided to go to the Sheriff Office. On the way he stopped at a phone and call Mildred. Sure enough the had found Harvey lying across the bed with the back of his head blown off. The constable had just left Mildred. He was looking for Carol and warned her about harboring someone who had committed a crime.

At the sheriff’s office Ernest was met by Sheriff Gordon himself. Before any questions could be ask, Gordon took Ernest into his office. "Well someone finally shot that son-of-a-bitch, Harvey Thornton."

"With language like that I’m sure the two of you were great friends."

"That SOB get my daughter pregnant and then throws her aside for some broad from up Tennessee way. And rumor has it you know where she is."

When Ernest told him that she was in the hospital, emergency surgery, the sheriff wanted to know when he could talk to her. "I’m her attorney and I haven’t spoke to her yet. The doctors say it may be two day before, even I, can speak with her."

While Sheriff Gordon appeared to be a little agitated at this, his only commit was: "Maybe someone should give that lady a medal."

Ernest assured the sheriff that Carol would be made available, immediately after he had spoken to her himself. The sheriff stood and shook Ernest’s hand and added: "This one is a little touchy for me. Everyone in the county knows I have a beef with Thornton and I can’t be seen as though I’m not working hard on this case."

Ernest assured the sheriff he understood and would not stand in the way of an investigation. He would, however, protect his client’s right to best of his ability. Before leaving the Courthouse, Ernest stopped by Sam Tanner’s office, just say hello. Sam looked at him and said: "If this is not a social call, leave." Ernest gave him a snappy salute and left. He had his answer, the word was out and before noon everyone in the county would be talking about how Carolyn Thornton had shot her husband to death.

Back in his office, Ernest had ask Mildred to step into his office with her steno pad so the two of them could chronology record what had happened up till now. Before the recollection began, Mildred told Ernest what the constable had told her about the scene. "He said he was surprise to find an large amount of blood in the living room when it was quite evident that Harvey had been shot in the bedroom." Both Ernest and Mildred were certain the blood in the living room would be Carol’s considering the condition she was in.

"When we’ve finished here, call the sheriff’s office and tell Gordon I want access to that house. And when this case is over, we will began to prep you for the bar exam."

Mildred just laughed and began the recollection with: "I was startled when a figure emerged from the bushes as I was unlocking the office door."

Ernest knew Mildred had the knowledge and Georgia allowed an individual to take the bar exam even though they didn’t have a law degree. He had broached the subject many times since that first small sigh, Crockett and Baugh Law Firm, had been hung in front of the stairway leading up to their first office above Buford Bucnagel and his father’s drugstore/barbershop.

Mildred had always just laughed such conversations off with her studying day were long over. When the new offices were ready to open, Ernest had the new sign placed in front. Mildred had protested greatly. Ernest had never budged. "You may not have a degree or a license, but you are an equal partner in this firm." After a month or so she had relented and didn’t mentioned the sign again. The sign read:

CROCKETT, BAUGH

Practitioners

                                                                             of the

Law

Has the "Bill of Rights" been Altered?

Senator Ted Cruz of Texas has introduced a bill in the Senate that he seems to believe would protect a state’s right to define marriage. While not putting it in so many words, he much believe this to be a Tenth Amendment issue. The question I ask is: Does a state have a Tenth Amendment right to define marriage? Let’s take a look at the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

It appears that in Senator Cruz’s opinion the Supreme Court is violating the Tenth Amendment by declaring laws, in some states, prohibiting "Gay Marriage" as unconstitutional. I challenge his assumption.

Consider that some individuals believe the "Bill of Rights" has never be altered or amended in any fashion. In the broad picture that may be true. Narrow the view and you find where they have been altered to a certain extent.

Take, for example, the First Amendment:

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Taken in the strictest of terms, the amendment only prohibits Congress from abridging these rights.

While keeping in mind these two amendments, let’s take a look at the first paragraph of the Fourteenth Amendment:

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; now deny to any person within its jurisdiction the equal protection of the laws.

This paragraph of the Fourteenth Amendment, while not amending the First Amendment, it has altered it. The Fourteenth Amendment now places on the States the same restrictions the First Amendment placed on Congress. In so doing it narrows the scope of the Tenth Amendment. While narrowing the scope of the Tenth Amendment, it broadens the power of the United States to insure that all citizens are given "equal protection of the laws"

Why is it that individuals, such as Senator Ted Cruz, view the Tenth Amendment as being part of the Constitution, while at the same time ignoring the fact the Fourteenth Amendment enjoys the same affiliation? Is it that they see the "Bill of Rights" as something more than amendments? If this be the case, then they must consider the other seventeen amendments as having lesser value.