J.A.I.L. News
            Journal
            ______________________________________________________
            Los Angeles,
            California                    
                                
            January 24,
            2006
______________________________________________________
          
         
        
          
            The Inherent Right of ALL People to
            Alter or Reform Abusive Government
          
          
            The Right Upon Which All Other
            Rights Depend
            
          
         
        
        
          The Torchbearer for J.A.I.L.
          Nationally - Support Them!
        
        
          P.O. Box 412, Tea, S.D. 57064 
          -  (605) 231-1418
        
       
     
    
       
    
    
      "Independence of the
      Judiciary" To Be Checked By The
      People
    
    
       
    
    
      Dear
      Barbie,
    
    
      ...
    
    
      Thanks ... for the
      last article delineating the boundaries of JAIL.  No one with half a
      brain or an iota of concern, (which, as you pointed out, may
      actually not be as many as we think,) can accuse us of going beyond any
      perceived limits as to citizen activism in government, or of tying the
      hands of justice.  Rule of Law, if there is such an
      animal, implies that no one is above the law.  Jefferson asked,
      "Where is the check on the judiciary?"  Good question.  Which
      raises another. 
    
    
      
        Does
        a check on the judiciary preclude the notion of an independent
        judiciary?  Perhaps.  It seems to be a moot point, however,
        which means, not a settled point, but one that is debatable.  My
        idea is that if judicial independence means no interference whatsoever,
        that invites tyranny, if it is not by its very nature tyrannical. 
        If independence is to be maintained, then no governmental agency,
        entity, or person should be allowed to intervene, and it seems
        eminently logical and practical and patriotic, therefore, to
        provide for intervention ONLY by the people, as a DUTY, and as a
        means of participating directly in the political process.  Someone
        once said that "a mistake is an error left uncorrected."  We're
        just correcting an error, made perhaps by the founders or perhaps by
        interpreters with a personal interest in immunizing judicial officers,
        before it becomes a more serious and perhaps a mistake fatal to
        the Republic.
      
      
        I
        agree with your correct presumption, by the way, concerning the nature
        of the establishment of government.  Webster's definition of Civil
        Liberty went on to explain that:
      
      
        "Civil Liberty is an exemption of the arbitrary will of
        others, which exemption is secured by establishing laws, which restrain
        every man from injuring or controlling another.  Hence the
        restraints of law are essential to civil liberty.
      
      
        The
        liberty of one depends not so much on the removal of all restraint from
        him, as on the due restraint upon the liberty of others.  
        Ames.
      
      
        In
        this sentence, the latter word liberty denotes natural
        liberty."
      
      
        No
        one would argue that to prevent injury or control laws should
        exist.  But when the restraints become excessive or arbitrary, as
        they have, so that they are NOT "necessary or expedient for the safety
        and interest" of the people, but for the government itself and for the
        corporations it creates, --that, Webster says, is "tyranny and
        oppression."  Ah, there's the rub.  Now judges uphold bad
        laws, badly written, ill-conceived, and misapplied.  Their only
        defense is the Neuremberg defense:  They're only following
        orders.  And they are, not as judicial officers, but as employees
        of the State exercising Executive power.  In Thompson v
        Smith, the supreme court ruled that "judges, when enforcing
        statutes, do not act judicially."  WOW, ya gotta love it! 
        That's because you must have Laws, Statutes AND Regulations for the due
        process of the law to be complete!  Otherwise, the "judicial"
        process is flawed, defective and/or abusive.
      
      
        The
        only way for a judge to be a judge is to be delegated authority by
        Congress through Article III of the National Constitution.  
        It says Congress MAY delegate judicial authority.  In fact, the
        record indicates that Congress actually withheld the delegation of
        judicial authority!  Check out Northern Pipeline v.
        Marathon Pipeline, a bankruptcy case in which the court
        declared that a bankruptcy court judge does NOT have Article III
        judicial power, is NOT a judge, and so his decision was null
        and void.  Ouch!  Who woulda thunk
        it? 
      
      
        What
        would happen if the same were considered about State Judges? 
        I know what the ruling SHOULD be.  They're not Article
        III judges either and State courts are NOT Constitutional
        courts.  That definition is, not of a court that considers, uses,
        abides by and is restricted by the constitution, but one that is a
        court established or created by the constitution.   State
        courts are created by the legislature.  State judges, therefore,
        are NOT judicial officers, and are not independent, but have conflicts
        of interest inherent in their job!  What does it say on their
        paycheck about who pays them?  They take a loyalty oath to the
        State.  The State owns the judges, the court, all the attorneys,
        and they are the plaintiff trying their own cause.  How the hell
        did that happen?  True or not, I even heard that judges LEASE
        their courtrooms!  In any case, it is merely a "kangaroo court" as
        I said before,  "one in which the outcome is
        pre-determined."  And so is the income!  They've got a cash
        cow going and they don't want to give it up.  A portion of the
        court fees go into their retirement funds.  That's a financial
        interest in every case.
      
      
        So it
        is up to the people.  As much as I hate cliches, it is apparent
        that the ball is in our court, pun intended.  It is, and
        must truly be, not the State's court, but the people's court, or
        it is no court at all. 
      
     
    
      I will
      soon forward some attachments for you to consider and I look forward
      to hearing from you again.
    
    
      Until
      then, I remain,
      
      Pro Libertate et Patriae
    
    
      "For
      the Liberty of My Country,"
    
    
      and
    
    
      Pro
      Aris et Focis,
    
    
      "For
      Our Altars and Our Hearths,"
    
    
      Vive
      Valeque,
    
    
      "Live
      and Be Well,"
    
    
      (Ancient Roman closing of letters)
    
    
      Michael
      James Anthony
    
    
    
      
    
    
       
    
    
      Dear Michael,
    
    
       
    
    
      Your thought on the "independence of the
      judiciary" is very well taken and should be shared with our readers
      because one of the foremost arguments of our opposition is that J.A.I.L.
      will interfere with the "independence of the judiciary."  It is very
      important that the People understand what is being said. Therefore, your
      message and my reply is being sent as a JNJ for educational
      purposes.
    
    
       
    
    
      First, whenever you hear any accusation
      against J.A.I.L., they are accusing the People--
      for J.A.I.L. is the People exercising their
      inherent right to amend what purports to be "government" inasmuch as
      their rights are being violated every day and the People are being forced
      to live under absolute despotism. The evils are no longer sufferable;
      therefore it is incumbent upon the People to "throw off such government"
      by holding the guardian of our rights, i.e., the purported judiciary,
      accountable to the People under constitutional
      safeguards.
    
    
       
    
    
      For purposes of the J.A.I.L. process, it
      doesn't matter what the make-up of the powers-that-be is. All we know for
      sure, as a People, is that the powers are evil
      and destructive of the People and it can no
      longer be endured. We know for sure that only we, the
      People, can change the situation, and change it we
      must!  The People will continue to seek redress of grievances in
      whatever forum is theoretically available to them, before whatever
      tribunal is theoretically available. It is what happens in practice in
      our system of redress that must be checked by the
      People. All we know is that the system, for whatever reason,
      doesn't work, and it is up to the People to
      correct the malfunction.
    
    
       
    
    
      Secondly, we know as a People that the
      powers-that-be is no longer "government" by the empirical results we see
      and experience in everyday life. We know that our rights are not being
      protected by a government under constitutional principles, but that our
      rights are being constantly trampled upon by a power that is
      foreign to our Constitution, destroying our
      lives, our liberty, and our property, clearly defining the powers as
      tyrannical.
    
    
       
    
    
      To illustrate how tyrannical this
      occupying power is, the South Dakota Legislature that is financially
      supported by the People of South Dakota, is conspiring together with all
      105 legislators to actually write and pass a resolution among themselves
      to oppose a ballot measure (J.A.I.L. -- Amendment
      E) that is sponsored by the People, their constituents, to establish a
      new guard for their future security. We know that if the South Dakota
      Legislature were actually the state representatives of the
      People, they would not be willing to campaign
      against a People's measure. This is just one way
      the People can know that the occupying force operating under color of the
      South Dakota Legislature is not really representing the People, but are
      in fact opposing the People, at the People's
      expense. Such a tactic is unheard of in America-- but that
      proves what kind of a "power" the People of
      South Dakota are dealing with. It certainly is not a power that is
      protecting their rights, such as a constitutional government would
      do.
    
    
       
    
    
      We've heard about the doctrine of
      "separation of powers" as part of constitutional government-- three
      separate branches of government. Yet see what the empirical evidence
      shows-- there is no separation. It's the entire
      occupying force in power against the People. What passes itself off as
      the South Dakota Legislature is conspiring among its own members to
      oppose a People's measure calling for accountability of
      another branch of "government."  Ask
      yourselves, WHY?  Does this make sense?
    
    
       
    
    
      Thirdly, we hear the entire occupying
      force operating under color of "government" in opposing the People of
      South Dakota who are sponsoring a People's measure to hold "judges"
      accountable, tell us that "J.A.I.L. will interfere with the
      independence of the judiciary."  That phrase
      comes up time and time again.  The system portrays that as meaning
      that the judiciary must remain independent to rule according to law and
      not be under pressure of outside influence in making their decisions. If
      that is truly the case, then J.A.I.L. will
      enhance the independence of the judiciary
      because it will force the judiciary to rule according to
      law!  
    
    
       
    
    
      We, as a People, know that the judiciary
      does not rule according to law, and that in
      fact the judiciary IS UNDER PRESSURE OF THE SYSTEM to rule in its favor,
      despite the law and the facts. We know that the
      judiciary is in fact the "mouthpiece" for the system behind which the
      system hides because judges have made themselves invincible
      --unaccountable-- by their self-imposed doctrine of "judicial immunity."
      And so the entire system uses the judges and "judicial immunity" to
      hide their own corruption, through judicial cover-up. This illicit
      practice has become a racket without redress by the People, and it is no
      longer sufferable.
    
    
       
    
    
      The People will be a check upon the
      "independence of the judiciary" by making sure that it
      does rule according to law and not according to
      pressures from the system, or anyone else. The judiciary will no longer
      have their trusty shield of "judicial immunity" to hide behind and remain
      unaccountable for their actions, i.e., procedural
      misconduct --not making decisions. Decisions aren't even
      reached when judicial procedure is violated.
    
    
      So when you hear that J.A.I.L. will allow
      people to sue judges if they "don't like the decision," you know that
      this is more evil propaganda used to deceive the People. This is more
      evidence that we don't have a government in power to protect the People's
      rights, and that the People must restore constitutional government and
      the American way of life in this country-- not
      the oppression we're experiencing today under the status
      quo.
    
    
       
    
    
      The other issues you mention, Michael,
      are interesting, but are not the immediate concern for J.A.I.L. 
      Those things will come to attention in due course, and they will be
      corrected. But right now, all the People want is a way to hold the
      purported "judges" (whoever is considered a judicial officer having
      judicial discretion, and is covered by judicial immunity-- and that
      doesn't mean school boards or city councils)
      accountable under constitutional principles. That's
      all.
    
    
       
    
    
      Thank you Michael, and to all of you
      whose eyes are finally opening to the desperate straits the People are
      faced with under the status quo. The rich have plenty of insulation from
      the tyranny-- they can "pay" for "justice"
      and 
    
    
      busy themselves in a high life style, far
      from reality. The poor are hidden away and stripped of their resources,
      making them miserable and helpless. We just hope that in between, there
      are enough People left to carry the ball for the rest of society and
      realize that J.A.I.L. is the answer, as we've always been saying-- it
      hasn't changed! It's just that the People are beginning
      to wake up-- finally. The two-hundred-year honeymoon for the
      tyrants, with an ignorant and apathetic people to control, is
      over!
    
    
       
    
    
      Sincerely,
    
    
       
    
    
      -Barbie
    
    
    
      
      J.A.I.L.- Judicial Accountability Initiative Law - www.jail4judges.org
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      "..it does not require a majority to prevail, but rather an irate,
      tireless
      minority keen to set brush fires in people's minds.." - Samuel Adams
       
      "There are a thousand hacking at the branches of evil to one who is
      striking at the
      root."                        
      -- Henry David Thoreau   
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