Q: Did we Fail Promises to Our G.I.'s
A: President Franklin Delano Roosevelt signed into law one of the most significant pieces of legislation ever produced by the United States government: the Servicemen's Readjustment Act of 1944, commonly known as the GI Bill of Rights.
A: Roosevelt’s dream for every G.I. was to open any door of opportunity they chose to follow. The education facet offered everything from major payments to pay for any school in America. Does your heart want to own your own car repair station training covered every aspect of both technical and business skills to prepare. Do you want to be a doctor, every aspect from lower colleges to post graduate work was covered. It was up to us to dream and then have the discipline to follow through by doing the required hard work. After you get out of school within 10 years of leaving the service Roosevelt’s bill of rights included amazingly low rates to purchase homes with in most cases zero down.
G.I.'s Worked Hard to Get thru School & Buy Homes
Q: why did our G.I.'s trust these promises from a pretty liberal president Roosevelt?
A: our entire nation after 1944 that if they dared to purchase properties and began to prosper they would be protected by our amazing Bill of Rights that spoke about those protections.
“ We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
http://docs.google.com/fileview?id=F.2a6348af-1434-42f0-bbc0-af8ae726c390&hl=en 6/27/2009 10:45 AM.
A: the 4th Amendment guaranteed we are secure in any lawful enterprise we choose to purchase was safe from our government’s intrusion. Most of this generation of G.I.’s were forced to memorize the Bill of Rights before they could bet out of the 5th grade.
A: Seventh Amendment refers to a safe body of what the author called Common Law: This safe body of common law was meant to protect all of our Bill of Rights including the 4th amendment right of the people to be secure in their persons, houses, papers, and effects. Historically [until the counter culture revolution] this body of common law did a pretty good job of informing courts at all levels as well as state and local governments about our rights each citizen is to enjoy.
A: Black's Law Dictionary (5th ed. 1979) states that "in the strict legal sense, property is an aggregate of rights which are guaranteed and protected by the government" and that the term property "includes not only ownership and possession but also the right of use and enjoyment for lawful purposes." http://en.wikipedia.org/wiki/Property_law 6/27/2009 11:19 AM.
A: American Property Law: “Property is the right or lawful power, which a person has to a thing.” He then divides the right into three degrees: possession, the lowest; possession and use; and, possession, use, and disposition – the highest. Further, he states: “Man is intended for action. Useful and skilful industry is the soul of an active life. But industry should have her just reward. That reward is property, for of useful and active industry, property is the natural result.” From this simple reasoning he is able to present the conclusion that exclusive, as opposed to communal property, is to be preferred. Wilson does, however, give a survey of communal property arrangements in history, not only in colonial Virginia but also ancient Sparta.
http://en.wikipedia.org/wiki/Property_law 6/27/2009 11:19 AM.
Q: what went wrong with our promises to G.I.'s New Wealth and Property?
A: Asset Forfeitures: There are two types of forfeiture cases, criminal and civil. Almost all forfeiture cases practiced today are civil. In civil forfeiture cases, the US Government sues the item of property, not the person; the owner is effectively a third party claimant. Once the government establishes probable cause that the property is subject to forfeiture, the owner must prove on a "preponderance of the evidence" that it is not. The owner need not be judged guilty of any crime. In contrast, criminal forfeiture is usually carried out in a sentence following a conviction and is a punitive act against the offender. http://en.wikipedia.org/wiki/Asset_forfeiture 6/27/2009 11:34 AM.
A: Eminent Domain: The power of governments to take private real or personal property has always existed in the United States, being a part of the common law inherited from England. This power reposes in the legislative branch of the government and may not be exercised unless the legislature has authorized its use by statutes that specify who may use it and for what purposes. The legislature may so delegate the power to private entities like public utilities or railroads, and even to individuals for the purpose of acquiring access to their landlocked land. Its use was limited by the Takings Clause in the Fifth Amendment to the U.S. Constitution in 1791, which reads, "...nor shall private property be taken for public use, without just compensation". The Fifth Amendment did not create the national government's right to use the eminent domain power, it simply limited it to public use.
http://en.wikipedia.org/wiki/Imminent_Domain 6/27/2009 11:47 AM.
On June 23, 2006 - on the one-year anniversary of the Kelo decision (see above), President George W. Bush issued an executive order stating in Section I that the federal government must limit its use of taking private property for "public use" with "just compensation", which is also stated in the constitution, for the "purpose of benefiting the general public." He limits this use by stating that it may not be used "for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken".[7] However, eminent domain is more often exercised by local and state governments, albeit often with funds obtained from the federal government.
A: IRS seizures: The Internal Revenue Code provides for a federal tax lien in favor of the government against any person who fails to pay federal taxes. 26 U.S.C. § 6321. This lien attaches to "all property and rights to property, whether real or personal, belonging to such person." http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=8th&navby=case&no=962433p 6/27/2009 11:44 AM.
A: Property Tax Seizures: In 1796 seven of the fifteen states levied uniform capitation taxes. In the United States, property tax on real estate is usually levied by local government, at the municipal or county level. Those who live in city limits face double property taxation, once by the city and once again by the county. Property taxes are imposed by counties, municipalities, and school districts, where the millage rate is usually determined by county commissioners, city council members, and school board members, respectively. The taxes fund budgets for schools, police, fire stations, hospitals, garbage disposal, sewers, road and sidewalk maintenance, parks, libraries, and miscellaneous expenditures. http://en.wikipedia.org/wiki/Property_tax 6/27/2009 11:58 AM.
Greed in Explosive Market Selling Seized Homes: Search nearly 650,000 Foreclosure and Government Tax Foreclosure properties. More than 1 million total properties including For Sale by Owner, VA Foreclosures, HUD Homes, and Home Auctions! http://www.realtytrac.com/foreclosure/government/tax-foreclosure.html 6/27/2009 12:10 PM.
Before Counter Culture Revolution:
Property Being Used Lawfully Was Protected
G.I.'s were free to speak, own firearms, go to any church of our choice who did not pay taxes, supported our church with deductions from our taxes. We were free to own and protect our properties or real estate and the government helped protect us with local police forces who worked for the people.
A: Common Law: is law created and refined by judges: a decision in a currently pending legal case depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, judges have the authority and duty to make law by creating precedent. The body of precedent is called "common law" and it binds future decisions.
A: In future cases of common law, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, it will decide as a "matter of first impression." Thereafter, the new decision becomes precedent, and will bind future courts under the principle of stare decisis. http://en.wikipedia.org/wiki/Common_law
A: problem of future amendments that actually tragically erode our basic right to own and use our own properties lawfully. Some legal scholars say in the current legal condition we are all renters.
14th Amendment Under United States law the principal limitations on whether and the extent to which the State may interfere with property rights are set by the Constitution. The "Takings" clause requires that the government (whether state or federal----for the 14th Amendment's due process clause imposes the 5th Amendment's takings clause on state governments) may take private property only for a public purpose, after exercising due process of law, and upon making "just compensation." If an interest is not deemed a "property" right, or the conduct is merely an intentional tort, these limitations do not apply and the doctrine of sovereign immunity precludes relief.
Q: who are these homeless G.I.’s?
http://www.nchv.org/background.cfm 6/27/2009 10:20 AM
A: Common Law: is law created and refined by judges: a decision in a currently pending legal case depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, judges have the authority and duty to make law by creating precedent. The body of precedent is called "common law" and it binds future decisions.
A: In future cases of common law, when parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases, it will decide as a "matter of first impression." Thereafter, the new decision becomes precedent, and will bind future courts under the principle of stare decisis. http://en.wikipedia.org/wiki/Common_law
A: problem of future amendments that actually tragically erode our basic right to own and use our own properties lawfully. Some legal scholars say in the current legal condition we are all renters.
14th Amendment Under United States law the principal limitations on whether and the extent to which the State may interfere with property rights are set by the Constitution. The "Takings" clause requires that the government (whether state or federal----for the 14th Amendment's due process clause imposes the 5th Amendment's takings clause on state governments) may take private property only for a public purpose, after exercising due process of law, and upon making "just compensation." If an interest is not deemed a "property" right, or the conduct is merely an intentional tort, these limitations do not apply and the doctrine of sovereign immunity precludes relief.
Q: who are these homeless G.I.’s?
http://www.nchv.org/background.cfm 6/27/2009 10:20 AM
A: The U. S. Department of Veterans Affairs (VA) says the nation's homeless veterans are mostly males (4 % are females). The vast majority are single, most come from poor, disadvantaged communities, 45% suffer from mental illness, and half have substance abuse problems. America’s homeless veterans have served in World War II, Korean War, Cold War, Vietnam War, Grenada, Panama, Lebanon, Operation Enduring Freedom (Afghanistan), Operation Iraqi Freedom, or the military’s anti-drug cultivation efforts in South America. Forty-seven percent of homeless veterans served during the Vietnam Era. More than 67% served our country for at least three years and 33% were stationed in a war zone.
Veteran Specific Highlights:
23% of homeless population are veterans
33% of male homeless population are veterans
47% Vietnam Era
17% post Vietnam
15% pre Vietnam
67% served three or more years
33% stationed in war zone
25% have used VA Homeless Services
85% completed high school/GED compared to 56% of non-veterans
89% received Honorable Discharge
79% reside in central cities
16% reside in suburban areas
5% reside in rural areas
76% experience alcohol, drug, or mental health problems
46% white males compared to 34% non-veterans
46% age 45 or older compared to 20% non-veterans
Each year, 2.3 million to 3.5 million people experience homelessness in America. By taking 23% of that range for veterans, that would indicate there are between 529,000 and 840,000 veterans who are homeless at some time during the year.
Veteran Specific Highlights:
23% of homeless population are veterans
33% of male homeless population are veterans
47% Vietnam Era
17% post Vietnam
15% pre Vietnam
67% served three or more years
33% stationed in war zone
25% have used VA Homeless Services
85% completed high school/GED compared to 56% of non-veterans
89% received Honorable Discharge
79% reside in central cities
16% reside in suburban areas
5% reside in rural areas
76% experience alcohol, drug, or mental health problems
46% white males compared to 34% non-veterans
46% age 45 or older compared to 20% non-veterans
Each year, 2.3 million to 3.5 million people experience homelessness in America. By taking 23% of that range for veterans, that would indicate there are between 529,000 and 840,000 veterans who are homeless at some time during the year.
http://www.nchv.org/background.cfm 6/27/2009 10:20 AM
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