Why and How Is
(Jon Roland of the Constitution Society
----- Original Message -----
Sent: Sunday, August
21, 2005 6:57 AM
Fw: Jail 4 Judges is misguided
See http://www.jail4judges.org/ for their proposal, and consider how it could be subverted and
-------- Original Message --------
Re: Jail 4 Judges is un-Constitutional
Date: Sun, 21 Aug 2005 11:37:59
From: Jon Roland <jon.roland@...>
Reply-To: jon.roland@...Organization: Constitution Society
To: Dr Les Sachs
<drlessachs@...>, AMOJ_main <AMOJ_MAIN@yahoogroups.com>
Discussion of the merits of the J.A.I.L. proposals
reminds one of the quotes:
For every complex problem, there is a
solution that is simple, neat, and wrong.
H. L. Mencken
problem there is a solution which is simple, obvious, and wrong.
Simple proposals are easier to sell, and therefore propagate
faster than more complex but workable proposals, often displacing them from
public discourse. One suspects that clever opponents of reform often advance
such proposals just to defeat real reform.
But some might say my
proposals are simple: Argue law before juries. Require juries for more cases,
such as administrative, equity, family, and appellate. Require unanimous
decisions by multi-judge panels to sustain official action against claimed
right of individual against such action. Revive private criminal and public
rights prosecutions. Open grand juries to private parties. Set up grand
juries, selected at random, for communities of about 3000 people.
Legislatively forbid binding stare decisis, by requiring exhaustive textual,
structural, and historical analysis before turning to precedent. Educate
youth on original
understanding of the Constitution and on law generally.
End "licensing" of lawyers. Decriminalize narcotics. Revive militia for most
defense, law enforcement, disaster response, and community
However, my proposals are not as simple as these simple
statements of them might suggest. In particular, no one of them is likely to
be effective without the rest. The legal system is too complex to admit simple
solutions, and we can't just fix one thing and expect that will work unless
other things are also fixed.
When as much energy goes into some of
these proposals as is going into J.A.I.L. we might have some hope of restoring
(Response from Barbie of
It's puzzling why proponents of the organic
Constitution (1787) would be motivated to trash J.A.I.L. on the internet when
the main objective of J.A.I.L. is to provide the means by which the People can
enforce that Constitution as it was written and intended to be by strict
construction (i.e., it says what it means and means what it says), by holding
judges accountable to the People when failing to obey constitutional principles
in making their rulings. I would think that your organization called
"Constitution Society" and your website (to which I refer quite often in my
research) "constitution.org" would certainly agree with J.A.I.L.'s objective.
You've been sour on J.A.I.L. for as long as I remember, and it just doesn't add
up. I won't deny the fact that it is, to say the least, disappointing. If
J.A.I.L. wasn't so vital to restoring our Constitutional Republic while the
People can still do so, your naysaying wouldn't matter so much. We expect
opposition, but usually from those who benefit from judicial corruption, such as
members of the system itself-- government officials and lawyers mainly. But the
It makes me wonder, Jon, if you really are interested
in returning the exercise of sovereignty to the People, where it truly rests.
The following may sound like a "Request for Admissions" but I ask these
pertinent questions to try to find out where you depart from the motivations of
J.A.I.L. Many people look up to you as a constitutional scholar, and so in light
of the fact that J.A.I.L. exists to make the Constitution more than just words
on parchment, it doesn't help J.A.I.L. when you debunk this cause. We'd like to
know precisely where the "glitch" is --
Do you believe the 1787 Constitution is based on the
Declaration of Independence? Do you believe that the People are, by nature,
sovereign over government? Do you believe that government was created by
the People to protect respect for the exercise of their inherent rights?
Do you believe that the People have not only the right, but the DUTY to alter or
abolish government when it fails to protect their rights?
Do you believe that government has indeed failed to
protect the rights of the People-- i.e., failed to do the job they were created
to do? Do you believe that it's the judiciary that is the final authority of
government with the responsibility of seeing to it that the People's rights are
protected? Do you believe that the "touchstone of due process is protection of
the individual against arbitrary action of government"? Do you believe that it's
ultimately up to the People to do what is necessary to
see that their inherent rights are protected by government?
Jon, please tell us precisely how "J.A.I.L. is
misguided"! That's quite a serious accusation without proof. Your proposals
listed below aren't possible until J.A.I.L. is in place-- as legitimate and
credible as your proposals may be (that's not the issue here). People
--especially "constitutional scholars"-- must understand that the People need a
formal mechanism by which to make these "proposals" work. Without that mechanism
in place, all the "proposals" in the world, as well as the Constitution itself,
are merely words on paper (and the internet screen). The key is
enforcement-- not just complaining or theorizing.
Jon, you state: When as
much energy goes into some of these proposals as is going into J.A.I.L. we might
have some hope of restoring constitutional compliance. Oh, we need even MORE energy "going into J.A.I.L." We think
of all the resources going into the WTP project of trying to get redress of
grievances from government--a very basic inherent right according to plain
common sense, even according to nature-- the Constitution doesn't grant it, and
certainly government doesn't grant it. Yet we
find that even the Laws of Nature when it comes to
respecting the People's natural rights and allowing them to work as nature
intended them to do, are being opposed and violated by the counterfeit power in
force --only because there is no mechanism in place for the People to stop the
usurpation and restore the system to its rightful station in society. Only
J.A.I.L. will provide that mechanism-- which has to be there before the system
will work properly!
That's why, Jon, we need your HELP --not hindrance-- in
getting J.A.I.L. passed in all states and ultimately with Congress.
J.A.I.L. is going forward with or without your help, however you can make a big
difference in making the effort a lot easier. J.A.I.L. will help YOU -- your
program -- and everyone's agenda, if it follows constitutional law.
Many of J.A.I.L.'s naysayers base their criticism on
the fraud and deception that has taken place, almost since the 1787 Constitution
was ratified-- e.g., corporate USA, bankrupt USA, Crown Temple, English
"ownership", the IMF, Federal Reserve, the IRS, redemption, --just to
mention a few. But none of those frauds are relevant in considering the need for
J.A.I.L. J.A.I.L. is needed because of those
fraudulent programs that have not been stopped by the People in over 200
Anything created by fraud is as void today as it was at
its inception (null and void ab initio). Length of time does not
validate ongoing fraud. However, the J.A.I.L. process allows any defendant-judge
to present his defense, and it will be investigated. Those issues don't negate
the need for J.A.I.L.
So Jon, please tell us precisely why and how
JAIL4judges is "misguided." Certainly if there is something that we should know
that would set J.A.I.L. on the "right track" -- please tell us. But please
understand that anything that depends on the current system isn't going to work
UNTIL we have J.A.I.L. As I've reminded people so many times, even theoretically
if the system worked perfectly, we still need J.A.I.L. in place to keep it
guarded against the development of possible corruption in the future. But we
know the system is already corrupt, and the People must "throw off such
government and provide new guards for their future security." That's the
NEXT STEP the People must take, i.e., WE MUST PASS J.A.I.L.
National J.A.I.L. Administration
WE NEED EVERYONE'S HELP IN SOUTH
DAKOTA, WITH DONATIONS, COLLECTING SIGNATURES, AND SPREADING THE WORD ANY
WAY YOU CAN. THE SIGNATURE GATHERING CAMPAIGN IN CURRENTLY UNDER WAY UNTIL
NOVEMBER 6 --JUST A LITTLE MORE THAN A MONTH AWAY. WE ARE ENCOURAGED BY THE
PROGRESS MADE SO FAR AND URGE EVERYONE TO PARTICIPATE IN THIS CAUSE. PLEASE GO
FOR DETAILS AND INFORMATION. CALL THE SDJA OFFICE AT (605)
231-1418 FOR IMMEDIATE CONTACT. WE THANK ALL OF YOU WHO HAVE ALREADY HELPED AND
THOSE WHO ARE ACTIVELY WORKING SO HARD IN COORDINATING THIS EFFORT.
REMEMBER-- A WIN IN SOUTH
DAKOTA WILL BE A WIN FOR EVERY AMERICAN!