Constitutional Right to Appeal

This morning I took a class at work. One of the things we did was to review the constitutional implications to service and management in the public sector. We were given a little book entitled ‘The U.S. Constitution And Fascinating Facts About It”. It really was fascinating, particularly given all the legal motions that I have heard in the last year.

DID YOU KNOW that there are restrictions on drug testing of Federal Employees, because of the 4th amendment right of privacy?

DID YOU KNOW that in 1970 in Goldberg vs Kelly it was determined that a government worker’s employment should be regarded as property? That is why to fire a government worker takes longer – you have to abide by 5th amendment rights for due process.

DID YOU KNOW that the Fair Labor Standards Act, in addition to regulating minimum wage and child labor, also restricts some federal employees from working overtime without compensation?

DID YOU KNOW that an amendment was proposed in 1933 to attempt to limit personal wealth to $1 million? (This did NOT pass!)

It was good to read over several of the Constitutional Amendments.

We recently found out that John Bloxham has submitted a notice of appeal. I think that is a first amendment right to petition the Government for a redress of grievances? My understanding is that the appeal will only be successful if the judge made a legal error. This is something that we won't need to be involved with. I'm not too worried about it, unless of course they find that the judge did make a legal error that would have affected the outcome of the trial. That would be the worst case, and there would be a re-trial.

And for your reading pleasure… here’s some of the amendments.

AMENDMENT 1
FREEDOM OF RELIGION, SPEECH, AND THE PRESS;
RIGHTS OF ASSEMBLY AND 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.

AMENDMENT IV
SEARCH AND ARREST WARRANTS

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.

AMENDMENT V
RIGHTS IN CRIMINAL CASES

No person shall be held to answer for a 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.

AMENDMENT V
RIGHTS TO A FAIR TRIAL

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 wherein 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.