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September 27, 2021     Turtle Mountain Star
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September 27, 2021
 

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September 27, 2021 ..._...__..w_._w n-—..-w...,._mwv “WW—r .. . -.,.. ... The Star Page 5 Carta, written in 1215, and exalted as the basis for English liberty, as well as the legal conceptions of due process and equal protection, both fundamental to American Constitu— tionalism, was linked in the 16th Century to the fiction that a man’s home is his castle. A clerk of the Privy Council — Robert Beale — connected the dots in 1589, when he asked, rhetorically, what had happened to Chapter 39 of Magna Carta, which provided the basis for the law of the land, when agents of the prerogative courts could, on the basis of general search warrants, enter men’s homes, “break up chests and chambers” and cart away as evidence whatever they pleased. Beale’s conversion of Chap— ter 39 into a ban on general search warrants influenced - Americans’ thinking about privacy rights in their homes. It was a masterful speech to Par- liament by William Pitt in 1763 that summoned the idyllic symbol of a “man’s castle” assaulted by unlawful governmental intrusions that played upon the heartstrings of Americans in defending the privacy of their homes. Pitt famously stated, “The poorest man may, in his cottage, bid defiance to all the forces of the Crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter; all his force dares not'cross the thresh- old of the ruined tenement.” The repetition of this argument against general search warrants by great English legal scholars and statesmen created a tradition that was eagerly embraced by Americans, striving for ways to limit English as- saults on their homes and businesses. In 1756, the Massachusetts Bay colony passed legislation that pro- hibited general searches and required some elements of particularity. This landmark legislation would pave the way for the Fourth Amendment to the Constitution. What was missing Privacy (Continued from Page 4) on the American scene, however, was the sort of drama embodied in William Pitt’s speech to Parliament, a moment that might captivate the cit— izenry and become a cause. That moment, that drama, was supplied by a brilliant young Boston attorney, James Otis Jr. who, in 1761, in Paxton’s case, represented Ameri— can colonists offended by the British practice of issuing writs of assis- ' tance, a kind of general warrant, is- sued in'the name of the King, that empowered the agent to enlist the help of English subjects — American colonists —— to aid the search. Otis’ arguments rehearsed those presented by Beale and Pitt, and other English statesmen, and fol- ' lowed the familiar rhetorical tradition of asserting that the right in question had existed since time immemorial. Otis’ plea was futile, of course, for he was arguing before a panel of Eng- lish judges committed to pleasing King George 111, but he made history and, in the words of John Adams, who had decided to attendthe argu- ment so that he could watch the bril- liant young lawyer at work, “Otis was a flame of fire!” He later wrote of Otis’ argument and eloquence: “Then and there the child Independ— ence was born.” Otis told the court that the only le- gitimate and constitutional warrant was a “specific” one, directed to spe— cific officers, to search “certain” houses, upon an oath sworn by the person who believescertain goods to be concealed in those places. A writ' that permitted a customs officer to enter private homes upon bare suspi- cion violated the essential liberty of every English subject, that of enjoy- ing the benefits of ‘a “man’s castle.” With an eye to history yet to unfold, Otis declared that such a writ repre— sented a violation of the English Constitution and should be held by the court to be null and void. Otis’ constitutional arguments lit the way for subsequent state legisla- tion that required specificity in search warrants. His influence on American Constitutionalism, immeasurable in so many ways, was easily calculated in its impact on specific requirements for searches and seizures. Adams borrowed Otis’ learned courtroom reasoning in writing Article XIV of the Massachusetts Declaration of Rights of 1780. James Madison also drew upon Otis in his introduction of what became the Fourth Amendment. While the right to privacy entered American law through the Fourth Amendment, it found expression and defense in other provisions of the Bill of Rights. We turn to that discussion next week. Adler is president of The Alturas Institute, created to advance Ameri- can Democracy through promotion of the Constitution, civic education, equal protection and gender equality. Send questions about the Constitu- tion to Dr. Adler at NDWTPCol- umn@gmail.c0m and he will attempt to answer them in subsequent columns. This column is provided by the North Dakota Newspaper Asso— ciation and Humanities North Dakota. Three ND colleges see enrollment increases While enrollment at Lake Region State College in Devils Lake de— clined, numbers are up at Mayville State University and UND. UND appears to have reversed a years-long trend of declining enroll- ‘ ment. at, least. in, the. . short terrngfl‘he university has, seen enrollment in- crease in each of the last two years, but numbers are still below what the university saw during the most recent oil boom in the 20105, when enroll- ment sometimes topped 15 ,000. Of the three North Dakota univer- sities in the region, two are reporting increases in enrollment for the fall 2021 semester, while another is showing a decrease. While enrollment at Lake Region State College in Devils Lake de- clined, numbers are up at Mayville State University and UND. UND ap— pears to have reversed a years-long trend of declining enrollment, at least in the short term. The university has seen enrollment increase in each of the last two years, but numbers are still below what the university saw Dunseith School superintendent facing charges An initial court appearance sched- uled for November 2 for Dunseith School Superintendent David S jol was canceled. Sjol was charged with driving under the influence on August 31 in McHenry County. The citiation states that his blood-alcohol level was .08 percent or greater. The charge is a B misdemeanor,‘which carries a maxi- mum penalty of 30 days in jail and up to a $1,500 fine. The superintendent, who resides in Rugby, pleaded not guilty earlier this month and is being represented by Christopher Thompson. Joshua Frey is the prosecutor in the case. The next scheduled court date is a pre-trial conference set for December 7. F O R SALE 2019 2,418 sq. ft. Penner custom built home to be moved currently on a crawl space Call for details \ 101-411-5800. 101-811-2131 during the most recent oil boom in the early 2010s, when enrollment sometimes topped 15,000. UND’s fall enrollment is 13,772, up from 13,615 last year, an increase of slightly more than,1%. The uni-_ versity , again led the state. {entollfl .1" came in ment numbers this fall, an ahead of North Dakota State Univer- sity, which reported 12,461 students. Last fall NDSU reported 12,846 stu- dents. The North Dakota University Sys- tem’s total enrollment is 43,384, downfrom 44,001, last fall. Fall enrollment at Mayville State University ticked up to 1,172, com- pared to 1,168 last year. Included in the total, however, are 182 new fresh- men, a 28% increase over last fall. This fall, there are nearly 2.5% more full-time students enrolled at Mayville State than there were. last fall. The number of full-time equiva- lent students stands at 815, and is a 2% increase over last fall. Those 815 16-Hour DUI Seminar October 4-7, 2021 0 $180.00 Dunseith City Hall, Dunseith ND 6:00 10:00 PM Each Session A copy of the evaluation is required. DUI/Drug/SAP Evaluations: Linda A. Berdahl, LAC To enroll or schedule an appointment Call 244-2299 or after 4:00 PM call 244-0579 students mark the second-highest numberof full-time equivalent stu— dents at the university. The record of 817 was reached in the fall of 2018. Enrollment dropped in both full- time and part-time areas, as well as in “degree ; and non-degree programs. LRSC reports 1,621 students this fall, compared to 1,771 students last fall. Residence halls continue to be full for another consecutive year, and the school is continuing its work with business and industry on partner— ships, internships, and apprentice- ships to enhance programming and student learning opportunities. Dakota College at Bottineau and Valley City State University saw en- rollment increases. Dakota College’s enrollment is 1,162, compared to 1,060 last year. Valley City State has an enrollment of 1,686, up from 1,676. All other institutions in North Dakota saw decreases. Fall enroll- ment at Bismarck State College fell to 3,549, from 3,716 last year. October 2, 2021 8:00 am- 2:00pm 'Rolette County Recreational Facility Building in St. John Tables are $5.00 each. ’ Contact Annie .DeMers or Susan Cain at the .St. John School 477-5651 to reserve tables. Security programs that help I seniors manage their mo Dear Savvy Senior, Does Social Security offer any special help to beneficiaries who struggle managing their benefits? My aunt, who has no children, has dementia and struggles keeping up with her bills and other financial du- ties. Inquiring Niece ~ Dear Inquiring, , Yes, Social Security actually has a little-known program known as the “representative payee program” that helps beneficiaries who need help managing theirSocial Security ben— efit payments. Here’s what you should know. Representative Payee Program Authorized by congress back in 1939, the Social Security representa- tive payee program providesmoney management help to beneficiaries who are incapable of managing their Social Security income. Beneficiaries in need of this help are often seniors suffering from de- mentia, or minor children who are collecting Social Security survivors’ benefits. Currently more than 5 million So— cial Security beneficiaries have rep— resentative payeesRepresentative payees also handle benefits for nearly 3 million recipients of Supplemental Security Income (SSI), a Social Se- curity administered benefit program for low-income people who are over 65, blind or disabled. Who Are Payees? A representative payee is typically a relative or close friend of the bene- ficiary needing assistance, but Social Security can also name an organiza- tion or institution for the role — like a nursing homes Or social-service agency. Some of duties of a representative payee include: Using the beneficiary’s Social Security or SSI payments to meet their essential needs, such as food, shelter, household bills and medical care. The money can also be used for ' personal needs like clothing and recreation. O Keeping any remaining money from benefit payments in an interest- bearing bank account or . savings bonds for the beneficiary’s future needs. Keeping records of benefit pay- ments received and how the money a error tour. in tour. SPEllll Loon. Eruor Loon. was spent or 'saved. Reporting to Social Security any changes or events that could affect the beneficiary’s payments (for ex- ample, a move, marriage, divorce or death). ' Reporting any circumstances that affect the payee’s ability to serve in the role. As a representative payee, you cannot combine the beneficiary’s So- cial Security payments with your own money or use them for your own needs. The bank account into which benefits are deposited should be fully owned by the beneficiary, with the payee listed as financial ney ‘ Some payees, generally those who do not live with the beneficiary, are required to submit annual reports to Social Security accounting for how benefits are used. For more in- formation on the responsibilities and restrictions that come with the role, see the Social Security publication “A Guide for Representative Payees” at SSA.gov/pubs/EN—OS-10076.pdf. How to Get Help If you believe your aunt may need a representative payee, call Social Security at 800-772-1213 and make an appointment to discuss the matter at her local office. Applying to serve as a payee usually requires a face-to- face interview. Social Security may consider other evidence in deciding if a bene— ficiary needs a payee and selecting the person to fill the role, including doctors’ assessments and statements from relatives, friends and others in a position to give an informed opinion about the beneficiary’s situation. You should also know that if you become your aunt’s representative payee you cannot collect a fee for doing it. However, some organizations that serve in the role doreceive fees, paid out of the beneficiary’s Social Secu- rity or SSI payments. For more information on the pro- gram visit SSA.gov/payee. Send your senior questions to: Savvy Senior, PO. Box 5443, Nor- man, OK 73070, or visit SavvySe- .nior.org. Jim Miller is a contributor to the NBC Today show and author of “The Savvy Senior book. Temanson Law Firm l Paul A. Temanson-' Lawyer American Legion Auxiliary Multi-Party RUMMAGE SALE Friday, Oct. 1: 4-8 pm. Saturday, Got. 2: 10 a.m.-2 p.m. Rolla Legion cabin 302 1st St. NE All proceeds will go to support our veteran projects. Assorted 28 02. Bottles MIN/E." one: 'J JUMBO PUMPKINS‘.......... $799 XTRA LARGE PUMPKINS. s599 LARGE PUMPKINS $4‘59 WHITE PUMPKle $599 'lEEI/ERS FOOD 202 Main Ave. O'Rolla - 477-3119 Open Monday-Saturday: 7 am. to 9pm. 1 Sunday 9 am. to 7 pm.