Sunday, August 22, 2010

The True Loss of Citizenship

Citizenship and Responsibility (An Extremist View that Logically Makes Sense to me)

There exists a confusion about the Rights afforded by the Constitution.  An interesting position found within our Constitution is that if an individual does not adhere to the "major" laws of the state or the federal government and is found guilty, they are convicted of a felony.  If found guilty...they lose the rights of citizenship.  There is an interesting logic...if a person is found guilty of a felony...they are guilty of treason...

With that conviction comes the loss of the rights of a citizen, such as the right to gun ownership, or the right to vote.  In essence, an individual who can not conform to the laws have abdicated their citizenship...ALL RIGHTS AS A CITIZEN.

Over time (perhaps through the influence of situational ethics) the penalties related have been diluted.

Application of Constitutional law...in all honesty...should be that if an individual is felonious, they have intentionally abdicated their citizenship through the commission of a a serious crime against society, unless vindicated...It would be cool to deport them, but that is pawning off "bad-blood" on another country. This is not the point

I believe that the 21st century society needs to go back to basic Constitutional interpretation, in relation to felons (those who by that basic definition, have given up their citizenship) and we (as a society) continue to pay the price for their existence in our society (which should be minimized, because they guests (however unwelcome) and should no longer be afforded any rights as a citizens.

One such thing is the "right" to a speedy trial."  This is afforded to all law-abiding citizens (until convicted), but a felon no longer deserves such a "right."

Another is that a felon (who is no longer a citizen)  has given up his or her "right to a fair trial"...and citizen-like treatment under out law.  A felon should be treated as guilty until proven innocent...putting the burden of evidence upon the felon rather than the government...(thus saving the taxpayer's money for justice to citizens).

Think about a felon being "guilty until they prove that they are innocent"...or...that they get a trial when "we" have time!

Turning the tables and focusing on the responsibilities and rights related to citizenship and the cost related to not fulfilling those responsibilities would have many good downstream effects!

I have to think more about this...but the constitutional perspective is sound...we have simply gotten soft on our interpretation...we may need to go to its full intent to extract all of the brilliance of it...and its creators!

US citizenship, or citizenship for that matter is a membership...and a commitment to abiding by the laws of the society.  It is an exclusive club...with a wide open membership...citizens are obligated by the rules of membership...the government is obligated to uphold those laws in return...

There are more ramifications related to taking this stance...we'll discuss them in the next submission...



   

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