Constitution and our real rights, privileges, and immunities

The Issue, of "if" the current Constitution is in conflict or not, seems to be at a dead lock.

See such links as: http://www.answers.com/topic/marbury-v-madison?cat=biz-fin and you will see why

http://members.aol.com/abtrbng/sdp.htm looking at Sustnative Due Process

http://www.jusicialamendment.com/CourtErrors.html looking at potential court errors

http://www.auok.org/orginal_intent_2.htm  A memorial and Remonstrance

And a Host of other leagle opions of great depth of debate.

This “Lock” is mainly due to of lack of precedents’ from judicial decisions, coming about as a result of challenges to “secure from encroachment” many; of our un-enumerated, yet retained individual rights. These are rights we did not specifically give, to the Federal or State Governments in the Constitution and Bill of Rights at time of ratification.

The problem comes down to this; the framers did not see a need to define in detail our inalienable human rights, otherwise known as un-enumeration of our Human Rights, as citizens of the freest most constitutionally represented republic on earth at the time.
These supposed so evident inalienable rights, continues to exist in my opinion, as a conflict between Constitutional Articles 1, and 10 in our State Constitution and their respective sections. One talks about rights and another talks about taxation authority, with the government having the power to exempt certain classes from Property Taxes as long as it is replaced by a direct or excise tax.

The Reason(s) this has continued till lately as an apparent incongruity and popular belief, is most anyone who reads article 1 would think we have such protections, until you come to article 10 and other areas on the governments power to provide for certain commonly needed areas of community.
Under the Doctrine Eminent Domain, recently adjudicated by the U.S. Supreme Court; handing down a judgment and essentially saying our homesteads can be taken from us, on any given day, by our Government for use, by itself or even for economic development by Non-Government use, if the local government should decide it is in the best interest economically for the Community. It gets even crazier, if Railroads’, Utilities, schools and roadways are involved.

Indeed that we “EVER” had the guarantees and security to “OWN OUR OWN Homes and Personal Property, un-threatened from seizure “except” for eminent domain involve multiple legal arguments.
Our popular understanding among the masses, and many’ belief that we were protected from certain encroachment by State or Federal Governments; except for criminal behavior issues had not been put to a serious test, in many generations.

Partly because of our primary and secondary schools, have NOT gone into depth on this aspect of our Freedoms and Liberties, when teaching about American government and our Constitution and Bill of Rights; partly due to our commonly held but misunderstood beliefs of our protection(s), and the commonly held expectation that if we keep or put the right party in power, our representatives’ would be faithful to their fiduciary duties, as our elected and appointed representatives’ to watch over our best interests in guarding our constitutional rights, privileges and immunities.

Until an element of our un-enumerated rights is challenged” beyond” the obvious, we rarely ever see this hit the big time papers or show up in our home town papers, on the evening news in our homes. Back in the time of ratification, certain things were left undone; partly because they seemed evident, partly because of the slavery issues that existed and partly because the original states back then, insisted upon addition of the Bill of Rights to get the Constitution Ratified, and even then some did not make to the final cut.
We have many un-enumerated individual rights, privileges and immunities; purposely left to be defended in subsequent generations, as complex social issues developed, and our ability to rise to the need, as our forefathers’ did, is now our challenge. It is up to us today to rise to the need to become able to discern the pros and cons of a proposal and decide the best choice(s), or ask for more choices then first given. We need to allow ourselves to look around and see what has been made to work for others, anywhere. Just as others have learned from us undertaking this Great Experiment called America; we can learn from others also. I mention this now, as at least 18 states have referendum authority now, and five more are trying for it.

The State of Indiana Constitution in article 10 (aside from Article 1 arguments), along with Section 1 (a) The General Assembly shall provide, by law, for a uniform and equal rate of property assessment and taxation and shall prescribe regulations to secure a just valuation for taxation of all property, both real and personal.
The General Assembly may exempt from property taxation any property in any of the following classes:
So we can see that for many years now, the General Assembly failed to, exempt from property taxation any property in any of the following classes, and we have to ask if any of our local taxing authorities have applied annually, for payment of public debt:

The question(s), I am now asking our Elected Representatives’ to explain are these:

(1) To what advantage is to them, or our State Government, to keep putting our Person, our homes, and our livelihoods at risk through un-necessary Property Taxation, that could for what ever reason, lead or end in tax Seizure?
(2) Why would they choose, to keep us subjected to this form of jeopardy at all, when they already have eminent domain, to hold over us, to seize land in more orderly manner?
(3) Why has none, of our local or state elected and appointed officials, or for that fact; our state News Papers, (going back many years) ever brought this to the voters attention?
(4) And The Trillion Dollar Question now is:
Why has it been seen by officials for far too long, to be better for them, to keep property owners and potential property owners, in this type of jeopardy of having to defend our un-enumerated inalienable rights, by collecting tax “this” way? When other ways have been available to them for so long; that does NOT carry the SAME LEVEL of jeopardy, or encroachment of retained rights? Do they insist on continuing to choose to jeopardize us?

The General Assembly has had the authority to Exempt Property in these classes:
(1) Property being used for municipal, educational, literary, scientific, religious, or charitable purposes.
(2) Tangible personal property other than property being held as an investment.
(3) Intangible personal property.
(4) Tangible real property, including curtilage, used as a principal place of residence by an:
(A) owner of the property;
(B) individual who is buying the tangible real property under a contract; or
(C) individual who has a beneficial interest in the owner of the tangible real property.
(b) The General Assembly may exempt any motor vehicles, mobile homes, airplanes, boats, trailers, or similar property, provided that an excise tax in lieu of the property tax is substituted therefore.
(History: As Amended November 8, 1966; November 2, 2004).
Section 2. All the revenues derived from the sale of any of the public works belonging to the State, and from the net annual income thereof, and any surplus that may, at any time, remain in the Treasury, derived from taxation for general State purposes, after the payment of the ordinary expenses of the government, and of the interest on bonds of the State, other than Bank bonds; shall be annually applied, under the direction of the General Assembly, to the payment of the principal of the Public Debt.

To all Our Elected officials your time is short and you better decide whose  side you are going to be on, AFTER we take back our Government