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*** Implementing J.A.I.L. - A Matter of Right In ALL States ***

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  • victoryusa@jail4judges.org
    J.A.I.L. News Journal ______________________________________________________ Los Angeles, California October 25, 2005
    Message 1 of 1 , Oct 25, 2005
      J.A.I.L. News Journal
      Los Angeles, California                                        October 25, 2005
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      Implementing J.A.I.L. -
      A Matter of Right In ALL States
      By Barbie, ACIC, National J.A.I.L. Admin.

      I have been spending the last couple days adding numerous new subscribers to J.A.I.L.'s email list, and lately we've had an unusual large number of new JAILers coming on board, most of them wanting to do in their state what we're doing in South Dakota. The South Dakota J.A.I.L. campaign has certainly attracted a lot of attention, many of whom state that they have "watched" or "followed" the newsletters of J.A.I.L. for some time --sometimes a matter of years-- and they are just now deciding to "join"
      (although we don't have memberships, as such) our lists. People are beginning to see some hope for this country through J.A.I.L. and it is awakening them from their doldrums.
      We are seeing a difference in attitude toward J.A.I.L. throughout the country. Indeed, the traffic to our website www.jail4judges.org has abounded immensely. Most websites start with one gigabyte or less of bandwidth. Ours started with two gigabytes. We have now had to double that to handle our traffic, otherwise our website would have gone dark similar to a power-grid blackout. We now have approximately 20,000 independent websites on the internet that point to JAIL4judges. This is a tremendous unsolicited advertisement for J.A.I.L. that great riches could not afford.
      As I was welcoming new JAILers, especially of the non-initiative states, after they were expressing excitement about wanting to get J.A.I.L. passed in their state too, I would have to apologize to them that their state is not an initiative state. A paragraph in our standard "welcome" states:
      J.A.I.L. is the only means available to the People by which they can exercise their duty to renew the use and protection of their inherent rights, by enforcing the Constitution through holding the guardian of those rights, i.e., the judiciary, accountable to them for unconstitutional judicial action. I had to ask myself: Is that means available to the People of the non-initiative states?
      I recently posted a JNJ on 10/10/05 titled "The People Must Get Over Fear." It emanated from a discussion I was having with Dick Marple, a New Hampshire Legislator, wherein he informed us of a provision of the New Hampshire Constitution acknowledging the right of the People to petition the legislative body for redress, to wit:
      [Art.] 32. [Rights of Assembly, Instruction, and Petition.] The people have a right, in an orderly and peaceable manner, to assemble and consult upon the common good, give instructions to their representatives, and to request of the legislative body, by way of petition or remonstrance,  redress of the wrongs done them, and of the grievances they suffer.  June 1784   [emphasis in red] 
      My comment was "If New Hampshire makes that provision, the People there must determine exactly how it is to be carried out. [emph. added]Actually such a right is not granted by the state, but is one of our inalienable, inherent rights of the People." 
      This principle came to light when I found myself explaining this to the new JAILers of the non-initiative states. I referred to the Declaration of Independence, the foundation upon which J.A.I.L. is based, asking: If it is the right, indeed the DUTY, of the People --when government through abuses and usurpations "evinces a design to reduce them under absolute despotism"-- to "throw off such government and... provide new guards [i.e., J.A.I.L.] for their future security," then why do the People have to have the blessings of the state, by its acknowledging that right in the State Constitution, in order to exercise it?  (Long sentence, I know-- it's an "if-then" question using quoted material).
      California acknowledges the right by providing in its Constitution: "All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require." (Art.II, Sec.1).  That is what we claim as authority to present J.A.I.L. as an initiative in California, although the People have inherent authority of themselves to do so.  The South Dakota Constitution has an almost identical provision under Article VI, ยง26.
      In analyzing this principle in terms of the U.S. Constitution, according to the founding document, The Declaration of Independence, it is self-evident truth that the People are created equal with unalienable (inherent) rights, and that they institute government for the purpose of protecting those rights from infringement. That when government ceases to protect those rights, and indeed infringes upon them, the People have the duty to provide new guards for such protection in the future. That new guard must include the mechanism by which the People implement --put into operation-- that guard.
      I emphasized that point in my JNJ dated 10/21/05 titled "It's the MEANS of J.A.I.L. That Sets It Apart" when I quoted Thomas Jefferson: A constitution alone cannot control government without republican forms, i.e., mechanisms that keep control of their representatives in the people's hands. Connecting that with J.A.I.L., I stated: "That tells us that we need 'mechanisms' in place to 'keep control of their representatives [i.e., the judiciary in the instance of J.A.I.L.] in the people's hands.' And as reported in my previous Journal...  J.A.I.L. is the ONLY proposal available providing a detailed, spelled-out method and process designed for the People to do so."
      So, the importance of J.A.I.L. and why it is set apart from anything else, is the mechanism --the specific means-- by which the objective of judicial accountability is achieved, i.e., the "what," "who," and "how."  I have now discovered, however, that the "how" is only partially answered. Once J.A.I.L. is implemented, we know HOW it will function. But what is even more fundamental is, HOW do the People effect, or bring about, the measure in the first place?  As I said, that question has come to my mind while processing new JAILers to non-initiative states, and reconciling that status with our statement J.A.I.L. is the only means available to the People by which they can exercise their duty to renew the use and protection of their inherent rights,... Is the means available to the People if there is no state provision, such as the initiative process, to bring it about?
      That brings yet more questions: Can the state (government) prevent the People from exercising their inherent right to alter or reform government by failing to provide a means to do so?  Does that, or any, inherent right of the People depend on a government provision to exercise it? It appears to me that it would be a conflict of interest-- government has no interest in being altered or reformed, especially since it benefits from the corruption and indeed is the source of it. From government's perspective, "J.A.I.L. Isn't Necessary" as Tom Barnett, Director of the South Dakota State Bar, stated in a newspaper article. Wouldn't the Legislature say the same thing?
      It must be realized that it is another self-evident truth that altering or reforming government is a natural DUTY of the People, not dependent upon government "allowing" or "providing for" its reformation by the People. Thus, J.A.I.L. itself is self-evident truth. The reforming of government through implementation of J.A.I.L. is a matter of right in ALL states. This is something that the potential passage of J.A.I.L. brings to our concern, and is something about which the People must think seriously. The People of non-initiative states have equal rights to reform their government as does all the People in this country.

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