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"Absolute Despotism"

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  • victoryusa@jail4judges.org
    J.A.I.L. News Journal ______________________________________________________ Los Angeles, California October 16, 2006
    Message 1 of 1 , Oct 16, 2006
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      J.A.I.L. News Journal
      Los Angeles, California                                          October 16, 2006
      The Inherent Right of ALL People to Alter or Reform Abusive Government.
      The Right Upon Which All Other Rights Depend
      Our South Dakota website contains a vast amount of information pertinent to Amendment E. Explore this site and forward on the information.

      Absolute Despotism
      That's what Amendment E will abolish!
      By Barbie, ACIC, National J.A.I.L.
      [All People are born with unalienable rights]
      " .... We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. ...
      [Governments are instituted to protect the People's rights]
      "That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed,...
      [If government fails to protect those rights, it is the right of the People to alter or abolish it, and institute new government]
      "... that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. ...
      [Governments long established should not be changed for light and transient causes]
      "Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed....
      [But there comes a time when it is the duty of the People to alter or abolish government when it has long refused to protect their rights, resulting in absolute despotism over the People]
      "... But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. -- "  [emphasis in red added]  
      (Excerpts from the Declaration of Independence)
      The South Dakota Constitution makes similar provisions:
      "§1. Inherent rights. All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the pursuit of happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed."  (Art. VI, §1)
      "§26. Power inherent in people - Alteration in form of government - Inseparable part of Union.  All political power is inherent in the people, and all free government is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper. And the state of South Dakota is an inseparable part of the American Union and the Constitution of the United States is the supreme law of the land."  (Art. VI, §26)
      The key phrase which dictates when the People must take steps to "alter or abolish" government is "when a long train of abuses and usurpations" by government has transpired, resulting in "absolute despotism" over the People. Therefore, that phrase must be examined to determine if indeed the time has come for the People to alter or abolish the current form of government in South Dakota.
      The first question might be "How long is 'long' in describing the 'train of abuses and usurpations' that has resulted in 'absolute despotism' by the current form of government over the People?"  Would a human lifetime be long enough, considering a life expectancy to be around 75 years? How about a double lifetime-- about 150 years?
      Respecting the admonition "that governments long established should not be changed for light and transient causes;" the next question might be "What is considered 'light and transient causes'?" To aid us in that determination is the contrasting subsequent sentence, to wit, "pursuing invariably the same object evinces a design to reduce them under absolute despotism," the key phrase here being "absolute despotism."
      The critical factor of government "abuses and usurpations" is the result it has on the People. Our founding document states that it is when government "evinces a design" to reduce the People under "absolute despotism." The result is not happenstance, but it is designed, planned, and intended.
      Has the opposition to Amendment E discussed what conditions the Declaration of Independence and/or the South Dakota Constitution imposes upon government? and whether or not government has complied with those conditions? Have they discussed what responsibilities the People have if government has not complied? Have they even admitted the possibility that government has the potential of abusing its power, reducing the People under absolute despotism? The Founding Fathers knew that this condition would develop through the abuses and usurpations of power by government.
      All we hear is:
      * Amendment E will allow disgruntled litigants to sue judges if they don't like their decisions;
      * Amendment E will allow convicted felons to be released from prison and serve on the Special Grand Jury;
      * Amendment E will allow people to sue every government agency that exists in South Dakota, so that no one will want to serve on those agencies;
      * Amendment E will allow litigants to sue jurors;
      * Amendment E will cost the taxpayers of South Dakota $2.65 million the first year alone, destroying the state's economy.
      * Amendment E will cause anarchy in South Dakota;
      * Amendment E is the most radical provision for judicial reform. (Is the Declaration of Independence and the South Dakota Constitution "radical"? -j4j)
      On and on... 
      Take a look at "Confronting Head-On the No-On-E Club" by clicking it on the left-hand menu column of our South Dakota J.A.I.L. website, www.sd-jail4judges.org for a thorough going-over of their ridiculous claims. It should be quite an education, not only of the truth of the matter, but of their lies in hopes of hoodwinking the voters. See especially our expose' of the South Dakota Legislature's criminal violation of law regarding the Election process.
      How many of the opponents have bothered to read Amendment E and compared it with the Declaration of Independence, and the Constitutions of South Dakota and the United States? They say that regardless of what the Amendment says, that's not really what it means! Would they say the same thing about the Declaration and the Constitutions?
      We have found, through personal experience, that the source of "absolute despotism" by the abuses and usurpations of power by government is the legal fraternity, consisting of judges and lawyers working together as a team. And it's the judges (not administrative agencies) that are ultimately responsible, as the "guardian of the People's rights," for protecting those rights on behalf of government. "The touchstone of due process is protection of the individual against arbitrary action of government." Dent v. West Virginia, 129 U.S. 14, 123 (1889); Parratt v. Taylor, 451 U.S. 527, 549 (1981) [Powell, J. concurring in result]; Daniels v. Williams, 474 U.S. 327, 331 (1986).
      The preamble of Amendment E states: "We, the People of South Dakota, find that the doctrine of judicial immunity has the potential of being greatly abused; that when judges do abuse their power, the People are obliged - it is their duty - to correct that injury, for the benefit of themselves and their posterity. In order to insure judicial accountability and domestic tranquility, we hereby amend our Constitution by adding these provisions as §28 to Article VI, which shall be known as 'The J.A.I.L. Amendment.' "
      Compare that with the Declaration of Independence, discussed above; the South Dakota Constitution, also discussed above; and the United States Constitution. More than, "Does Amendment E mean what it says?", is "Is Amendment E authorized by the principles established in the Declaration and the S.D. Constitution?"  
      #   #   #
      "Who stands to be hurt if Amendment E is not passed?"
      Would it be the South Dakota Bar Association and lawyers? NO!Would it be the South Dakota Legislature? NO!
      Would it be the insurance companies and agencies?  NO!
      Vote YES on Amendment E for your future and your own good!

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