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Judicial Anarchy II (Abridged)

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  • jail4judges
    J.A.I.L. News Journal Los Angeles - January 19, 2001 ____________________________________________________ Listen to HotSeat4Judges daily on Internet Radio
    Message 1 of 1 , Jan 20, 2001

      J.A.I.L. News Journal
      Los Angeles - January 19, 2001
      Listen to HotSeat4Judges daily on Internet Radio M-Th, 6-7 pm P.T.
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      Judicial Anarchy -- Part II

      by Hari Heath

        Government, at least that which poses as government in our current age, is a RICO activity. Originally passed to make the criminal activities of mobsters a federal crime, the Racketeering Influenced Corrupt Organization (RICO) Act is really a way for "government" to control its' competition. And what a mob our government has become. At the center of it all is the judiciary and the members of their private fraternities, the Bar Associations.
       It is, after all, the judicial branch which has the final say on all things in government. All laws are enforced by the judiciary and any challenges to their validity or application are determined by a judicial branch member. All criminal prosecutions and civil matters sail through the courts with a judicial officer at the helm. And in the year 2000, judicial supremacy was taken to a new level as the 9 members of the Supreme Court held their own private election for the next President.
       How has our nation fallen into this black hole of judicial anarchy? Through various unconstitutional schemes, the judiciary has collected and expanded the power of government  unto themselves, as Thomas Jefferson explained in his 1821 Autobiography:
       "Contrary to all correct example, [the Federal judiciary] are in the habit of going out of the question before them, to throw an anchor ahead and grapple further hold for future advances of power. They are then in fact the corps of sappers and miners, steadily working to undermine the independent rights of the States and to consolidate all power in the hands of that government in which they have so important a freehold estate."
       And just what kind of anchors has the judiciary thrown ahead for themselves to gather and consolidate their power? By creating the rules they control the proceedings before them. By controlling the attorney's, they control the legal questions which come before them.  Through the monopoly of the Bar Associations, those who won't conform are eliminated. With a broad and unfettered "discretion" they have empowered themselves to define just what the law is. By controlling the evidence and the testimony they control the facts. By controlling the jury they control the verdict. With a claim of jurisdiction they can "find" their authority to determine any subject. With a simple dismissal, or a judicially legislated doctrine like "estoppel," or the sealing and blocking of a case, they can prevent any question from being heard. By controlling the question they control the answer.  The shelves of the law libraries are filled with answers to carefully controlled questions, ready for the next round of judicial plunder.
       And after the citizen has been plundered of his rights and property, and seeks remedy and redress, what does he find? More judicial legislation creating the great wall of  "Absolute Immunity."
       It wasn't meant to be like this. The Constitutions intended otherwise. Originally the judiciary was entrusted to interpret our laws and maintain access to courts of justice. The Idaho Constitution declares: "Courts of justice shall be open  to every person, and a speedy remedy afforded for every injury of person property or character, and right and justice shall be administered without sale, denial, delay or prejudice (Article 1, section 18)." The Federal Constitution further compels a judges compliance with its mandates: "The...judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution;...(Article 6, section 3)."
       Go ahead. Try to find a court that will respect your rights and deliver justice. The Constitutions are no longer the foundation of government, but rather  they are documents that are used when convenient to the judiciary and then discarded or ignored, defiantly, whenever they do not suit their purposes. In my years of trying to find justice in court and get a legal answer supporting the truths I have presented, I have seen courts routinely ignore constitutional commands. They defy the contents of clear and substantial case law when it doesn't suit their goals--the collection and maintenance of power. Courts, from local magistrates all the way to Idaho's chief federal district court judge Edward J. Lodge, have ignored the mandates of the Constitutions and legislated laws in favor of their court adopted "Rules," the Legislature and Congress be damned.
       Thomas Jefferson saw it coming: "For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow... The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please." --Thomas Jefferson to Spencer Roane, 1819.

      The Courts' Rules

          Article I, Section 8, clause 9 of the federal Constitution grants Congress the power to "constitute tribunals inferior to the Supreme Court" and Article 3, Section 1 vests the judicial power "in one Supreme Court, and in such inferior courts as the congress may from time to time ordain and establish."  Idaho's Constitution similarly grants to the Legislature the power of creating the lesser courts.
       No longer "established" by the Congress or the Legislature, our lower courts have become the province of the Supreme Courts.  Yes, there are congressional statutes establishing the lower courts, but the "rules" provide the procedures which ordain their conduct and operation. Their functional utility is provided by the commands of the Supreme Courts. These "rules" were recommended by committees of  lawyers and "adopted" by the federal Supreme Court in 1934 (soon after the conversion of our gold backed national economy to worthless paper and ink). The State Supreme Courts across the nation followed in lock step with the establishment of State Court Rules, nearly identical to the Federal Rules. Through regular and routine amendments to the rules, the Supreme Courts have brought the lower courts into its' fold. With these Rules, and other devious devices, the judiciary has established itself independent of the other branches. superseding any checks and balances between the powers of the three branches of government.
        Not all the Justices of the Supreme Court were in favor of the adoption of the Federal Civil and Criminal Rules. In their dissenting statement: "Mr. JUSTICE BLACK and Mr. JUSTICE DOUGLAS are opposed to the submission of these rules to the Congress under a statute which permits them to "take effect" and to repeal "all laws in conflict with such rules" without requiring any affirmative consideration, action, or approval of the rules by Congress or by the President. We believe that while some of the Rules of Civil Procedure are simply housekeeping details, many determine matters so substantially affecting the rights of litigants in lawsuits that in practical effect they are the equivalent of new legislation which, in our judgment, the Constitution requires to be initiated in and enacted by the Congress and approved by the President." (374 US 865-866)
       Although the constitutionally required method of establishing the rules of procedure for the courts is illuminated here by two Supreme Court justices, the judiciary continues to act contrary to  the commands of the compact which created their own offices. In their quest for the consolidation of power unto themselves, control is the goal. By controlling the rules of the game, the judiciary controls the game.
      [Abridged - for full text of article, write to J.A.I.L.]

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