"Our republic demands citizen participation
to maintain right order. Until citizens are willing to learn and act on
these truths they will be the servants and the servants will remain their
From: "Marda Kirkwood" <kirkwood@...
Subject: SP -
COMMENTARY ON PUNDIT ERROR
Date: Sat, 30 Mar 2002 13:00:19 -0800COMMENTARY ON PUNDIT ERROR
Blizzard (Sorry, email address was not
Political pundits of the media
habitually and sloppily refer to members of Congress and state legislatures as
"lawmakers." Although one of these bodies' activities is considering and
passing on proposed statutes, their role and proper designations are
"representative" and "senator." The job of representatives is to represent
their constituency, as is that of U.S. senators since a Constitutional change in
1913. Previously, U.S. senators represented their states' governments'
interests but an amendment reduced them to a second body representing a whole
state's constituency, a practical exercise in
futility and a blow against
states' rights versus the federal government.
Congress does not "make law," it may pass bills intended to become
statutes if they clear all constitutional hurdles. Statutes must be in
agreement to that document of law or they are null and void. Never does
the true law, the constitution, have to answer to a statute. Even when a statute
passes all its tests it is not a law equal to the Constitution. A statute
can be contested at any time as to its constitutionality in the courts.
Even when our Supreme Court declares a statute constitutional, the decision
applies only to the particular case before the court, although our adversary
court system has created the evil called "case law" which has been used to
harden statutes, good and bad, into political reinforced concrete.
Not even the courts were meant to be the final arbiters of whether or
not the people would accept a statute, that was left to the jury, made up from
the common man, who is considered the sovereign under our form of Republic and
whom the government was intended to serve, not rule. A statute is not to
be included in our "body of law" at any time the people's juries disallow it,
but a jury cannot attack the Constitution.
Representatives and senators create changeable statutes, not
unchangeable law. They are supposedly under the law themselves. Moreover,
they, like bureaucrats, are public servants, and lawfully of less consequence
than the plain citizens they are elected to serve.
Such is the ideal for which the Founders strove. Comparing that
evolved reality can be depressing. Giving these servants the
godlike title "lawmaker" leads psychologically to obeisance to them, sabotaging
the citizens' sovereign power of holding them to account for
unconstitutional misdeeds, a direct reason this unlawful reality
disturbing is the pundit, even patriot, promoted myth that treaties undermine
the Constitution, an affront to it that the Supreme Court correctly ruled
unlawful. That body stated in Reid v. Covert, (1956) 354 U.S. 1, at
"[T]his court has regularly and uniformly recognized the supremacy of
the Constitution over a treaty . . . It would be manifestly contrary to the
objectives of those who created the Constitution as well as those responsible
for the Bill of Rights - let alone alien to our entire Constitutional history
and tradition - to construe Article VI as permitting the United States to
exercise power under an international agreement, without observing
constitutional prohibitions. (See: Elliot's Debates 1836 ed. pages
500-519). In effect, such construction would permit amendment of that
document in a manner not sanctioned by Article V. The prohibitions of the
Constitution were designed to apply to all branches of the National Government
and they cannot be nullified by the executive or by the executive and senate
Article V of the Constitution contains the provisions for altering that
document. Treaties are not mentioned in the article. Article VI,
states that all laws must be made "in pursuance" of it, plainly adding that
treaties must be made under the authority of the United States, itself under the
Furthermore, when a treaty is violated in any part, it is no
longer valid by law.
On July 7, 1798, Congress declared a 1778 treaty with France "no longer
obligatory" claiming France had violated it. By law, treaties are not
poured in concrete or carved in marble anymore than are statutes. If treaties,
the highest formal bond among states, cannot nullify the Constitution, it is
criminally disingenuous for any to postulate that any kind of lesser "agreement"
None of these mentioned corrections of concept matter one wit as long
citizens wring their hands and tolerate abuses of our law in the mistaken
name of lawfulness. Our republic demands citizen participation to maintain
right order. Until citizens are willing to learn and act on these truths
they will be the servants and the servants will remain their masters.
Patriotic political media pundits must use accurate and
responsible terms in order for paradigm changes in commonly accepted political
truisms to occur in the popular mind which, in turn, can create an
insurmountable populist demand to return to the Republic intended by the
* * *
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -
In accordance with Title 17 U.S.C.
Section 107, any copyrighted work in
this message is distributed under fair
use without profit or payment for
non-profit research and educational
purposes only. [Ref.
Grassroots Electronic Network (WGEN) Email Division
idzrus@... (Jackie Juntti,
J.A.I.L. is an acronym for Judicial
Accountability Initiative Law
JAIL's very informative website is found at www.jail4judges.org
JAIL proposes a
unique new addition to our form of government.
JAIL is powerful! JAIL is
dynamic! JAIL is America's ONLY hope!
JAIL is spreading across America like a
fast moving wildfire!
JAIL is making inroads into Congress for federal
JAIL may be supported at P.O. Box 207, N. Hollywood, CA
To subscribe or be removed: add-remove-jail@...
E-Groups may sign on at http://groups.yahoo.com/group/jail4judges/join
Open forum to make your voice heard JAIL-SoundOff@egroups.com
what J.A.I.L. can do for me, but ask what I can do for J.A.I.L.
"..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 <><