J.A.I.L. News Journal
Los Angeles - February
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January 24, 2001
By George Peabody
Although judiciary has been able to promote its
own power fairly well, the courts do know that their power rests exclusively on
their prestige. They work very hard on puffing up their reputations as
unanimous, impartial, and independent bastions as the rule of law in the hope
that someone will actually listen to them. They are powerless in executing any
of their laws on their own, for they do not command any troops or any army of
As a result, a cult of judicial supremacy has grown up
within the legal profession. The judges and lawyers within the cult do their
best to always make each other look good and to generally avoid controversy.
They have odd habits like no other branch of government. They wear strange puffy
black robes, and everyone has to stand up every time they enter the room. No one
feels the need to stand up when the councilman from Molokia enters the room, yet
when Podunk County judge Joe Schmoe enters the courtroom, everyone's suddenly on
Unlike elected politicians who openly criticize each
other and engage in open debate, the modern Supreme Court and the inferior state
equivalents are huddled in a back room poring over some legal texts trying to
figure out how they can best subvert the law without losing any of their
precious prestige and apparent legitimacy.
Like any good cult, they speak sparingly with outsiders
of their own powers and of their role in society.
With the election of 2000, the edifice has cracked, and
some light has shone in on the cult. With passions running so high, judges have
begun to show their true colors, and while this would have been an excellent
opportunity to show their supposed judicial restraint, the Florida and U.S.
Supreme courts couldn't wait to get involved. The judicial infighting that has
followed is truly a beautiful thing. With split decisions and partisan colors
flying, the courts have been so unable to restrain themselves that the hideous
innards of judicial lawmaking have been flung out on the table at
Even the Supreme Court has not always been successful
in enforcing its fiats. When Marshall declared the President Andrew Jackson's
Indian policy was unconstitutional, Jackson ignored the decision and said, "Mr.
Marshall has made his decision, now let him enforce it." When Chief Justice
Roger Taney criticized Lincoln's habit of suspending habeas corpus, Lincoln just
What are citizens supposed to do when forced to
comply with an unconstitutional law? The logical answer should be, "Tak'em to
court and mak'em justify the law on Constitutional grounds." But why are we
still being harassed? Is it because no one has thought of taking them to court,
or is it because the courts are not exercising their duty of overturning these
unconstitutional laws? Hmmmm. Let me see... No country can go into anarchy but
by rulings of its courts. As we have continually said, nearly every problem in
this country leads back to an unaccountable judicial system.
We need a legal system that enforces accountability for
illegal actions by judges, prosecutors, lawyers and other officers of the
Judicial branch. We need judicial accountability and integrity laws (that's
J.A.I.L. for Judges, aka J4J).
Yes, that's it: Judicial Accountability & Integrity
Law! J.A.I.L. for Judges! must be introduced and passed in the 2001 Hawaii State
Legislature -- The MAN.
Call your legislators TODAY;
Support J.A.I.L. for Judges!
J.A.I.L. is an acronym for (Judicial
Accountability Initiative Law)
JAIL's very informative website is found at www.jail4judges.org
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dynamic! JAIL is America's ONLY hope!
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JAIL is making inroads into Congress for federal
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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
-- Henry David Thoreau