Let's Review: The Bill of Rights

Preamble

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent starts of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Amendments

* First Amendment – Establishment Clause, Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition

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.

* Second Amendment – Militia (United States), Sovereign state, Right to keep and bear arms.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

* Third Amendment – Protection from quartering of troops.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

* Fourth Amendment – Protection from unreasonable search and seizure.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

* Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.

No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

* Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

* Seventh Amendment – Civil trial by jury.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

* Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
* Ninth Amendment – Protection of rights not specifically enumerated in the Constitution.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

* Tenth Amendment – Powers of States and people.

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.

There WILL be a Pop Quiz!

Meet the Libertarian Party

Time and time again on the Behind The Mike Show, I advocate the fact that there are missed opportunities for voters in the Independent Political parties. I personally feel that "we the people" have the right idea that we want change and we want our freedoms restored, we want our country restored and we want things to be better. I also feel that we have the right intentions that maybe we should put more independents into office. However, somewhere between getting out of the car and walking into the voting booth, we get a fear about us that makes us swing the lever for "the norm".

Over the next several weeks, I intend to introduce my listeners to the Libertarian Party and some candidates running for federal offices. My intentions are NOT to tell you to vote Libertarian. I am not telling you not to vote Republican or Democrat. I am asking that we all take a good look at the candidates on the ballot and educate yourselves about the candidates that way you can make a solid decision at the polls. Is it any wonder why The Daily Show calls there election night special, "Indecision XXXX"? Do you ever feel as though you are not sure about the candidate you are voting for...as you turn that lever?

Libertarianism is the view that each person has the right to live his life in any way he chooses so long as he respects the equal rights of others. Libertarians defend each person's right to life, liberty, and property-rights that people have naturally, before governments are created. In the libertarian view, all human relationships should be voluntary; the only actions that should be forbidden by law are those that involve the initiation of force against those who have not themselves used force-actions like murder, rape, robbery, kidnapping, and fraud. ~ Libertarianism: A Primer by David Boaz, Free Press, 1997.

In the upcoming weeks, we will be talking with Brent Wangen, Libertarian candidate for the U.S. House of Representatives in Delaware. Brent has agreed to share with us the views and information about the Libertarian Party in a manner to which will educate the public on the core values and principles of the party. As you can see from the definition above of Libertarianism, it sounds like a cool way of life as prescribed by the U.S. Constitution. The Libertarian Party has been around since 1971 and has had quite a few members elected to political offices around the country.

Brent states this introduction on his LinkedIn Page: "My platform is based on one core value, the US Constitution. Our forefathers drafted this document and ratified it into law in order to provide us with a form of government of the people, by the people, and for the people". Sounds like a plan, right? Now I understand that you may have questions and this is understandable. But stay tuned for the date of Brent's radio interview with me and you will have every opportunity to ask him your questions and to learn about he and the party he represents.

As I said, I am not here to tell you how to vote, I am merely here to help facilitate information to you to make an educated choice. Here are some links to help you along the way...

1. Find out who is on your primary ballots. Start here to see who is running on your primary so you can research them. Never be afraid to call them or ask to meet them to discuss their issues and intents: http://www.votesmart.org/election_state.php
2. Learn more about the Libertarian Party: http://www.lp.org/
3. Learn about Brent Wangen before meeting him on Behind The Mike: http://www.wangen2010.com/

Be sure to stay tuned to the Behind The Mike Website or Facebook for more information on when Brent and other party members will be on hand to answer your questions. Remember to mark your calendars...November 2nd we must take out the trash!

Why We Love Rocky

In 1976, Rocky Balboa graced the big screen and became an instant hit. The Italian Stallion showed us that the underdog can prevail. For the past few months the Rocky franchise of movies has been shown all over and again on the Starz & Encore movie networks. Usually, one would say enough is enough when it seems every time you turn on the channel a Rocky movie is playing. However, I find myself in the position that every time I am channel surfing and I stumble upon one of them I have to stop and watch. It doesn't matter how many hundreds of times I have seen these movies, I just cannot look away.

That got me to wondering if other people felt that way and if so, then why? Why such a fascination to continually watch Rocky get a beating and come back to kick major ass? Does he make us feel better personally? Maybe what is really going on is that there is a little piece of Rocky Balboa in every one of us yearning to cry out and say, "One More Round, you son of a bitch"!

Perhaps. More likely though as I pondered this thought and fell asleep to Rocky II after watching Rocky V (no particular order necessary after the 200th time seeing them), that we as a collective of people..Americans need Rocky. Rocky is our hope that when everything around us seems to be quickly falling down the toilet, that we can prevail. We can survive because we, as Americans, have that eye of the tiger.

Apply this to our time. We are staring down a fully loaded shotgun. Wars, oil spills, environmental disasters, global warming, health care crisis and one of the worst presidents steering the locomotive. It makes you feel like we should place a blind-fold over our eyes and light a cigarette.

Is that what Rocky did? Did he give up? Did he throw in the towel? No, he had a great voice on his shoulder giving him words of wisdom to push forward with. So go ahead, pick yourselves up and wipe the sweat away and get ready for a comeback of a lifetime. We can all be our own personal Rockys and do our part to change the country. It is our duty as Americans to do that. Who's with me? I'm going in.....

25 Years Later, Live Aid Still Lives!

Today marks the 25th Anniversary of the Live Aid concert. The largest gathering of rock/pop/R&B singers to come together for a single cause on two stages on two continents. That was pretty impressive. Mega stars like Madonna, The Cars, Judas Priest, Phil Collins, Thompson Twins and more plus band reunions of Led Zepplin, Black Sabbath and Cream. MTV covered the event at Wembley Stadium in London and JFK Stadium in Philadelphia, Pennsylvania.

In 25 years, JFK Stadium is gone, Wembley Stadium became Wembley Arena, most of the bands are gone now and MTV, for intense and purposes, is gone too. The music is gone but still alive. Still alive like in my collection of 80s music that would make any other 80s fan drool completely dry. I still have all 19 hours of Live Aid on 3 VHS Cassettes.

Tonight on my show, Behind The Mike, we will be celebrating Live Aid and celebrating the good times, good music and good friends that we all remember. So we hope you can join us and if you cannot, you can always pick up the podcast on the archives.

They say you can never go back. I disagree. I can crack out the VHS tapes and go back whenever I feel like it.

The Johnny Cash Experience

I learned this summer that a great thing happens here in Delaware state parks. They hold a free concert series throughout the season and I stumbled upon this at the right time. One of the entertainers that we interviewed on The Behind The Mike Show, David Stone, performed this evening at the event in Bellevue State Park. I finally had a chance to see one of the acts that had come through the show.

David's show is entitled The Johnny Cash Experience and it is best described as his press kit says, "DAVID STONE: The Johnny Cash Experience is a polished, authentic representation of the original "Johnny Cash Show"– for the music, the look, and for who Johnny Cash, June Carter, and The Tennessee Three were as people. Covering Early Johnny Cash, Johnny Cash & June Carter, and the Folsom Prison Concert Era, DAVID STONE: The Johnny Cash Experience features authentic costumes, authentic instruments, and a bit of history in portraying this legendary figure in American Country Music".

So I went to see the concert and if you were to close your eyes, you would think that Johnny and his band had taken to the stage. I said this about listening to David's CD back when he was on the program (Show # 178 by the way). It holds true live as well. This concert was like a symphony to my ears to hear Johnny's music and his legacy performed to such perfection. Tonight was a bigger treat because the performance was the debut of their portrayal of the early years when it was just the three of them; Johnny, Luther Perkins and Marshall Grant. No drums. They gave wonderful bits of history mixed in about Johnny Cash and the Tennessee Trio such as the dollar bill that Johnny weaved through the strings of his guitar to simulate the sound of a snare drum.

So here is the deal. Check out the summer concert series in the Delaware State Parks. You cannot go wrong to see a free performance, pack a picnic dinner and have a great time, I did. And most importantly, Davis Stone will be performing in the area more this summer:

July 13, 2010 - Market Street Memorial Park, Marcus Hook, PA
July 17, 2010 - The Lighthouse, Dewey Beach, Delaware
August 18, 2010 - White Clay Creek State Park, Newark, Delaware

For more information about this wonderful show, check out the website:
The Johnny Cash Experience

FREE TECH SUPPORT...COOL!

Tech Tuesday on the Behind The Mike Show
Syndicated radio program to offer callers LIVE on the air FREE PC Tech Support.

Behind The Mike Entertainment – 30 June 2010 -- The Behind The Mike Show presents Tech Tuesday on the program LIVE Tuesday night July 6, 2010 from 9:00 PM to 10:00 PM Eastern. Host Joel Michalec will be taking your calls TOLL FREE and will field computer technical support questions in the area of hardware, software, viruses, Trojans and more. Free Tech Support on the air; another reason why more and more people are tuning into The Behind The Mike Show. So stop by, listen or call with your questions (866) 417-4359!

About “Behind The Mike”
The Behind The Mike Show is an interactive, live talk-radio show that focuses on hot health topics and intriguing guest interviews. Host Joel Michalec explores issues in society that affect everyone and also searches the globe for the best entertainment. Callers are encouraged to call (866) 417-4359 to listen or ask questions. The stream and archives are available at http://www.blogtalkradio.com/BehindTheMike. The show is live every Sunday night at 8pm Eastern/5pm Pacific and every Tuesday night at 9pm Eastern/6pm Pacific. The show is hosted on BlogTalkRadio.

About BlogTalkRadio
BlogTalkRadio is a free, web-based platform which allows any user with a phone and a computer to host a live, interactive Internet broadcast. Hosts call into the service by phone, managing callers on the web-based host dashboard. Shows stream live directly from the host’s BlogTalkRadio web page with archives available for all past shows. BlogTalkRadio has been featured on ABC News, The Washington Post, Portfolio, Talkers Magazine, and TheStreet.com. The citizen broadcasting network can be found at http://www.blogtalkradio.com.

Behind The Mike - http://www.BehindTheMike.info
Reality One Radio - http://www.WR1R.com
SRN One Network - http://148.ca/one
Tyne FM (UK) – http://www.tynefm.com

# # #

For more information about the program, to be a guest or to carry the program on your radio station, contact Joel Michalec; (302) 261-5397. Email jmichalec@BehindTheMike.info

Hang Up & Drive!

This week, the Delaware State Legislature send a bill to Governor Jack Markell (D) that would ban the use of cell phones while driving unless you have a headset or wireless device. The bill bans holding a phone to your ear while driving, texting or using the Internet. Smart!

The bill is expected to be signed into law in early July making Delaware the only the eighth such state enforcing the law. I ask, why are the other 42 states taking so long? As cited by a January 2010 study by the National Safety Council, 1.6 million crashes occur annually due to cell phone use. Did you hear that? 1.6 million!

Here is what the law will state in Delaware:

• Within 180 days of being signed by Gov. Jack Markell, Delaware's new cell-phone law will prohibit driving and talking without a hands-free device, such as a wireless earpiece.


• First-time violators will face a $50 fine. Subsequent offenses will increase the ticket cost by $50, but not to exceed $200.


• No points will be assessed on a driver's license for violating the new law, and the citations will not be added to driving records.


• The bill allows police, firefighters or other emergency first-responders to make phone calls to perform official duties.


• The ban also does not apply to drivers using their cell phones without a hands-free device to make emergency phone calls or report an unsafe or intoxicated driver.

I have a problem with ONE little item on the list. The fourth bullet point states that police, fire and emergency personnel can make phone calls as normal to perform their duties. I have an idea; why not every ON-DUTY police, fire and emergency person WEAR a bluetooth headset! I am not falling for this. What is good for the goose NEEDS to be good for the gander. Are they so above us and the law that they can use the phone without a headset? Isn't is bad enough that EVERY cop I pass has his phone up to his/her ear while driving? I'm sorry, were they just carrying out OFFICIAL business? I don't think so.

I wonder how many police have caused such crashes only to use some lame excuse to get off from being held liable. No, I am sorry but if I have to buy a headset (which I am MORE than happy to do) then YOU have to buy a headset. Let's all be safe TOGETHER.

All U Can Eat Spaghetti Dinner

Please help a family living on the Pine Ridge reservation with heat this winter.

Weather is extreme on the Reservation. Severe winds are always a factor, winters bring bitter cold with temperatures that can reach -50*F below zero or worse.

Recent reports vary but many point out that the median income on the Pine Ridge Reservation is approximately $2,600 to $3,500 per year. The unemployment rate on Pine Ridge is said to be approximately 83-85% and can be higher during the winter months when travel is difficult or often impossible. About 97% of the population lives below Federal poverty levels.

Come join us on August 7th 2010 at our 1st annual spaghetti dinner fundraiser event.

All you can eat spaghetti, salad, roll, and beverage for only $7.00

All proceeds go towards the heating assistance fund.

Where: Port Penn Fire Hall
26 W.Market St.
Port Penn, DE 19731

When: August 7th 2010 4pm – 8pm

Bring your used, unwanted cell phone to the event and receive $1.00 off your ticket price….max off is $1.00 per ticket per person

Recycling just a million cell phones reduces greenhouse gas emissions equal to taking 1,368 cars off the road for a year.

If you are unable to attend the event and would still like to contribute you can purchase a ticket for someone who would like to attend but can’t afford to. These tickets will be placed to the side and held for an individual that may need it. You can also donate directly to the heating assistance fund from our “how to donate page” on the website.

You can also mail in your donations. Please make checks payable to:

Hearts of the Sacred Spirit
2406 Waters Edge Dr.
Newark, De. 19702

I Am Here

Hi! I'm Joel and what I am doing here is beyond me. I have this weird impulse like I have to write another blog. I already manage blogs that are related to my radio show (see links on side) but I do not know why I have to write more. I don't even have time to do this and yet my fingers find their way across the keys of my computer and force some text. Maybe I don't even know this is happening....

I can certainly start with telling you who I am. As I said, I am Joel and I am the host of a radio show called Behind The Mike. Now on the program we do a lot of interesting interviews and subjects and sometimes I feel like I would like to write some more thoughts about stuff and nowhere to do it. I cannot mince my thoughts with my professional postings for the show....wait a minute...I think we may have figured out what I am doing here!

As far as the description of the blog, that will be a work in progress. I cannot figure it out right now. It's all part of the foggy-ness in my brain trying to recall why I am here. When I figure that out, the rest, as they say, will fall into place (or pieces).

Stay Tuned!