OKAY, this page should probably be called...
             IN MY HUMBLE OPINION
Please take note: the following are my observations and
opinions. I share them with you in case you enjoy
intellectual exercise. These are not intended to be legal
advice to anyone, nor definitive statements of the law.  
If you're a law student, look elsewhere for that type of
analysis.  If you disagree with me, let us agree to disagree
amicably.  Thank you!

In June 2008, the United States Supreme Court held that
the Second Amendment of the US Constitution guarantees
an individual right to keep and bear arms for purposes of
home defense.  I agree.  People have rights; governments
do not have rights.  The "Bill of Rights" was adopted to
guarantee that individuals would have certain
enumerated rights safeguarded, and the Ninth
Amendment also reserves to the people (individuals)
unenumerated rights.  The only infringed rights are those
which we agree to give away as delegated powers,
delegated either to the states or to the federal
government.

In May 2007, I attended a book signing by attorney Peter
Irons, whose latest book is God on Trial: Dispatches from
America's Religious Battlefields.  During the discussion
period near the end of the program, I urged him to re-
consider that some of the cases he cited, including some
that he has represented, have made public schools overly
timid about mentioning the subject of religion at all--even
in the context of teaching about American history, let
alone current events around the world that are driven by
strongly held religious beliefs.  Unfortunately, we ran out
of time to discuss the matter more fully.

Do we really need law against using a cellphone while
driving?  I do not think so.  First, we already have a long
history of theory of "negligence" -- if you do ANYTHING
that is reckless, under the circumstances, you can be held
liable for "damages" if someone is hurt by your
negligence.  All we really need is a law similar to that in
Britain:  "You must drive with 'due care and attention,' or
be held liable for failure to do so."  That would cover
everything from talking on a cell phone, putting on make
up, lighting a cigarette, managing pets, disciplining
children, operating a portable fax machine -- anything and
everything that interferes with the safe operation of a
motor vehicle.  We do not need a separate law for every
individual stupid thing a driver might do.

Last year, a 9th Circuit (Federal) Court of Appeals ruling
was, in my humble opinion, utterly reprehensible: it
upheld the power of a public school district to require
extremely graphic questionnaires on sexual behavior to
be required of very young school children  -- over the
objections of their parents. (Even more egregious, in my
view, is the complete lack of judgment shown by such a
district in disseminating it!)  In the past, the U.S. Supreme
Court has indicated that "obscenity" can only be
determined by local standards. But in this case, the 9th
Circuit has not allowed local standards or parental
standards -- much less "common sense" -- to prevail. I
fervently hope that the Supreme Court will overturn this
colossally detrimental decision unanimously.  The case is
Fields v. Palmsdale School District.

An appellate court has held that parents who home school
their children must have a teaching credential.  This is a
foolish decision.  Parents have a right to send their
children to private schools where teachers are not
required to have teaching credentials.  What's the
difference?  Many parents who decide to home school
their families are as well educated as most teachers,
holding one or more degrees.  Let's hope this decision
will be overturned by a higher court.

In reference to the Constitution of the United States,
please note these general principles:

Branches of government, including courts, school
districts, etc. only have powers.  And only "the people" --
individuals -- have rights.  It is incorrect and nonsensical
to say, "The government has the right to...." Governments
do NOT have rights. So, please, let us stop saying the
government has the 'right' to do anything!
                   PAMELA ROYCE, ATTORNEY AT LAW
                                        626 - 285 - 8987

                                        MY SOAPBOX
I also support the
right to "bare" arms --
especially in this heat!
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