European Stars and Stripes (Newspaper) - December 18, 1991, Darmstadt, Hesse Revolutionary document National geographic a family looks at an original copy of the Bill of rights in the Rotunda of Tho National action line continued from Page 17 called a Wall of separation Between Church and state. The supreme court in 1964 Quot constitutional Zed How libel lawsuits Are treated when it ruled that the damage done to ones reputation must be weighed against the freedoms of speech and press. All the clauses of the first amendment like those of most of the first 10 amendments now apply to state and local governments As Well As Federal. Second amendment Quot 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 although it remains a political powder Keg the amendment never has been interpreted definitively by the courts. The political debate centers on How far the government May go in regulating the manufacture Sale and individual ownership of guns. Third amendment Quot 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 prescribed by the perceived threat this amendment sought to protect against never materialized and it has never directly been involved in a court Case. Fourth amendment Quot 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 the amendment requires police unless an emergency or some other unusual situation exists to get a court warrant before conducting a search or making an arrest. The notion of Quot privacy Quot a word found nowhere in the Constitution and its amendments As a constitutionally protected right emerged from judicial discussions of this amendment. Fifth amendment Quot 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 offence 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 among the various important clauses the amendment s Promise of due process most helped Mold Basic principles of fundamental fairness. Today for example every fired Public employee is entitled to some due process hearing the amendment also ensures that someone is entitled to the fair Market value of property taken under government s Power of eminent Domain. And in 1966, the supreme court said the amendment requires police to warn suspects of their rights to remain silent and have a lawyers help. Sixth amendment Quot 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 today people charged with serious crimes have a right to free Legal help if they cannot afford it. And the supreme courts decisions on the impartial jury clause have required that jurors be selected from representative Cross sections of the Community. Seventh amendment Quot 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 preserved and no fact tried by a jury shall be otherwise re examined in any court of the United states then according to the rules of the common the amendment never applied to the states assures jury trials in most civil cases litigated in Federal courts. Eighth amendment. Quot excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments for the past three decades the supreme court has said the meaning of Quot cruel and unusual was not meant to be Frozen in time but should be defined by Quot evolving standards of decency that Mark the Progress of a maturing efforts to have the court ban the death penalty under that Standard have failed. Ninth amendment Quot the enumeration in the Constitution of certain rights shall not be construed to Eny or disparage Oths retained by the sometimes called the Quot forgotten amendment Quot this one has not been subjected to much judicial interpretation Over the years. 10th amendment Quot 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 states have derived their separate police and taxing Powers and their primary control Over Public education from court interpretations of this policy exceptions for unsafe vehicles of a i would like to know Why the Usa eur vehicle registration policy contains no exception to policy clauses. My american made car recently failed its annual inspection i went to cafes to have my car fixed. I was told the part would have to be ordered and it would take four to six weeks i went Back to vehicle registration to see if i could get an Extension until the part was received from the states i was told no if the parts weren t Here and the car fixed by the Dale on my registration i d have to turn in my plates and re Register it when the car was fixed. Meanwhile my husband is deploying to the Field for 3 i weeks i will be without transportation to take care of myself and my family i feel that this is totally unjust in that i m being penalized for living in a foreign country and not having immediate Access to car parts As i would in the states. It seems to me that if parts Are ordered and proof is provided that they Are on order then an Extension should be granted Why can t an exception to policy in these kinds of circumstances be made not Only for myself but for a great Many people who May find themselves in similar situations Shirley o Neil Hanau Germany the Stephen r. Sirbaugh Pov action officer he Usa eur replies Usa eur regulation 190-1, License to operate and registration of privately owned motor vehicles paragraph 4-12 permits individuals to request exceptions to policy. An exception to policy May be granted unless prevented by International agreements or other higher authority. Since you failed the annual safety inspection the part you ordered was probably critical to the safety of the vehicle. The status of forces agreement and supplementary agreement require that we enforce strict safety standards on vehicles registered by . Forces personnel it would be a violation of this International agreement for us to allow an unsafe vehicle to be operated within Germany. Therefore it is unlikely we could Grant an exception to policy unless you could prove the vehicle is completely Safe in its present condition. From your letter it seems you waited until just before your registration expired to have it inspected. The Usa eur vehicle registry sends renewal notices at least 60 Days before expiration so that people have time to get an Early inspection and Correct problems before the registration expires. Also you May go to your inspection station at any time during the year to receive a free Courtesy inspection. However if they find a significant defect you will be required to Correct it immediately. We understand your problem with ordering parts from the states but there Are other alternatives. Most military communities have mar stripping lots where individuals can Purchase cheap used parts. You also could have tried to Purchase parts from a German opel dealer who is the authorized general motors dealer representative in Germany. Another possibility was to Contact friends relatives in the states and have them Send you parts you needed. Some people obtain parts quickly by Telephone order to parts companies which express mail them Back to customers. The inconvenience you Are experiencing is unfortunate but can be avoided in the future by obtaining an Early inspection and looking for alternative sources of parts. If you need More information concerning the procedures for requesting an exception pc policy you May Call me at ets 370-8647.to write us readers action line is the readers Quot court of last resort Quot striving to answer some of the questions about life overseas in a military environment or questions about policies and guidelines when other avenues for answers Are not readily available. If you have a question and Don t know where to turn for the answer write to readers action line co the stars and stripes Apo a 09211. Ail letters must be signed and preference will be Given to those seeking information of general interest to our readers. The stars and stripes wednesday december 18, 1991
