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JUSTICE FOR ALL?

12/17/21, 2:38 PM

JUSTICE FOR ALL?

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Just over 150 years ago, the 14th Amendment was added to the U.S. Constitution. It was/is steeped in controversy and to this day is cited by many scholars and argued in many legal cases.

The 14th Amendment was adopted after the Civil War in 1868, regarding the civil rights of freed slaves and the rights of all citizens.

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Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without DUE PROCESS (Emphasis added); nor deny to any person within its jurisdiction the equal protection of the laws.

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The DUE PROCESS Clause trumpets the rights of citizens, while at the same time declaring that states cannot deny any citizen

“life, liberty or property, without DUE PROCESS of the law.”

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IS THE CROOKED RIVER RANCH ASSOCIATION MORE POWERFUL THAN THE U.S. CONSTITUTION?

YES, at least according to HARKER & LEPORE, the Ranch lawyers.

In our earlier story, “IS IT TIME FOR A REVOLUTION” we reported that attorney Bruce Lepore wrote the Board of Directors assuring them that they need not worry about following the Constitution and stressed homeowners surrendered their DUE PROCESS RIGHTS as Association members. Lepore stated,

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“As a private entity, constitutional protections, such as due process, do not apply.”

Interestingly, the Ranch policies-governing documents, clearly state, Crooked River Ranch is subservient to federal, state and local laws.

The Ranch CC&R’s states,

“…Conditions and activities which could impact negatively on the Rights and Welfare of CRR property owners and other Ranch residents are regulated by state and federal statutes…”

Additionally, the Ranch Policy and Procedurals Handbook states in part,

“In cases where these policies conflict with any county, state or federal law, that law prevails.”

The U.S. Constitution is the Supreme Law of the land, yet attorneys Harker & Lepore, in writing-for the record, stated, it doesn’t apply. Who needs that old and dusty document telling us how to govern homeowner lives anyway.

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SWITCHING GEARS

Ranch Regular Meetings begin with the Pledge of Allegiance and the President typically leads the Board and attendees while facing the U.S. Flag. It reads:

“I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible,

with LIBERTY AND JUSTICE FOR ALL.”

 

LIBERTY AND JUSTICE FOR ALL?

Do our Ranch leaders understand the importance of the Pledge of Allegiance and our Flag? Countless men and women have fought and lost their lives to make sure, WE, the citizens of America can live free with liberty and justice for all.

If the Ranch lawyers and Board of Directors feel the Constitution is outdated and non- applicable, why bother reciting the Pledge of Allegiance at our Board Meetings? Just skip the Pledge, remove our Flag and govern accordingly. After all, the Association lawyers said, the Constitution doesn’t apply.

Ranch Matters Staff