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Is JAIL Constitutional?

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  • jail4judges
    J.A.I.L. News Journal ____________________________________________________ Los Angeles, California March 6, 2002
    Message 1 of 1 , Mar 6, 2002
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      J.A.I.L. News Journal
      ____________________________________________________
      Los Angeles, California                                                March 6, 2002
       
      Is  J.A.I.L. Constitutional?
       
      Immediately below is a series of questions directed at J.A.I.L. questioning its Constitutionality. Following that are the responses thereto. I highly advise you read this article to its very end. You will be glad you did.
      ----- Original Message -----
      Sent: Tuesday, March 05, 2002 3:49 PM
      Subject: is JAIL constitutional?

      I just got this message about JAIL from someone on my e-mail list and I would love to hear your answers to the following concerns.

      My views on JAIL:

      1. - It's unconstitutional as each state is guaranteed a Republican form
        of government.  JAIL is pure democracy in action.

      2. - It violates our system of government, where the legislative,
        executive, and judicial powers belong.

      3 - Who is going to monitor these "special grand juries"?

      4. - JAIL doesn't address the problem, which is uneducated voters and jurors.

      5. - Putting legislative, executive, and judicial powers in the hands of
      The People is, in my opinion, dangerous.

      I'm curious to hear your opinion of this.

       
      Dear Time4Liberty:
       
      If I may, I would like to address this response to the "someone" on your mailing list. I will address your points one by one.
       
      Your Concern #1
      - It's unconstitutional as each state is guaranteed a Republican form
        of government.  JAIL is pure democracy in action.
       
      Answer to #1
      There are currently 26 of the fifty states of our Union that have some sort of initiative process. California is one of them. Our Constitution in Article II, Sec. I, it says, "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."
       
      So my answer to your question #1 is a question: Are you asserting that the Constitution of the State of California and of all the other 25 states in the Union are unconstitutional? And if so, how would you respond to an assertion that the Constitution is unconstitutional? Can a standard not be a standard, such as an inch cannot be an inch?
       
      Going to the merits, do you find a problem with "power being vested in the people?"
       
      If your problem is the initiative process in the hands of the people, then I shall point out to you that our Founding Fathers instituted the Second Amendment in our Constitution. Did they institute that to preserve  rabbit hunting? No. They instituted it for the people to have direct intervention against an arbitrary and tyrannical government. And would you find fault with our Founding Fathers taking up arms against the then establishment?
       
      Your Concern #2
      - It violates our system of government, where the legislative, executive, and judicial powers belong.

      Answer to #2
      Since when does a Grand Jury violate our system of government and interfere with either the legislative, executive or judicial branches of government? The Constitution itself establishes the Grand Jury system as a check and balance against an arbitrary government, which system was set up by our Founding Fathers over 200 years ago. (See the Fifth Amendment and also see each state's Constitution.) No state could prosecute a capital offense if it did not have Grand Juries.
       
      In order to maintain your position, you would have to contend that the U.S. Constitution violates our system of government, a position hardly entertainable since it is the source of our "system of government."
       
      Your Concern #3
      - Who is going to monitor these "special grand juries"?
       
      Answer to #3
      Grand Juries were not created by our Founding Fathers to be monitored. They were created to monitor. They are to monitor government abuses and excesses. Grand Juries are the mind and conscience of the community, to wit, the people. They are not a branch of government, but the watchful eye of the public. Let's not forget, "...governments are instituted among men, deriving their just powers from the consent of the governed," not the other way around. Governments must have the consent of the Grand Jury, not Grand Juries the consent of the government. To use your words, that supposition would violate our system of government.
       
      Your Concern #4
      - JAIL doesn't address the problem, which is uneducated voters and jurors.
      Answer to #4
      This was precisely one of the issues that was set before Thomas Jefferson who responded thusly, "I know of no safer repository for the powers of government than in the hands of the people. If they are too ignorant to wield it wisely the answer is not to take it from them; the answer is to inform them."  I too hold the same response to your question as that of Thomas Jefferson. If we leave not those decisions to the uneducated voters, do we commit them to "educated politicians and tyrannical judges?" And then I quote from Samuel Adams, "If men, through fear, fraud, or mistake, should in terms renounce or give up any natural right, the eternal law of reason and the grand end of society would absolutely vacate such renunciation. The right to freedom being the gift of Almighty God, it is not in the power of man to alienate this gift and voluntarily become a slave." 
       
      Your Concern #5
      5. - Putting legislative, executive, and judicial powers in the hands of
      The People is, in my opinion, dangerous.

      Answer to #5
      I am uncertain how you translate the exercise of Grand Jury powers as the exercise of legislative, executive and judicial powers. Although Grand Juries may pass judgment upon laws, they do not pass laws. Although they may indict, they do not try a case. Although they may arrive at a finding, they do not execute those findings. And that does not violate the way our system of government currently works, or is supposed to work. The legislature passes laws, the executive prosecutes violations of those laws, the trial jury sits in judgment of those laws, and again, the executive carries out the findings of the jury. Nothing is different under J.A.I.L.
       
      Further, I might add, what our Founding Fathers did in setting up the original thirteen colonies was dangerous. And admittedly their statement, "Whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them seem most likely to effect their safety and happiness," was dangerous. (Declaration of Independence.)
       
      In Conclusion:
      I have been criticized before for taking my stand, and told that I was actually out to destroy this country. The following are such accusatory words:
       
      "To:  Ron Branson 
      Re:  Jail for Judges Initiative and the trashing of the American Republic. As the old Chinese saying goes, be careful what you wish for, lest you actually get it. 
      I have been telling you that our system already has the mechanisms built into it for correcting rogue judges. For some reason you have not bothered to avail yourself of the information. I wonder why. I guess you feel you know all that needs to be known about our system.  I can't say for sure. 
      What I see is your brash willingness to trash one of the critical protections of our Constitution: The common law. And you are convincing a lot of people who have misplaced their faith in you that this is the way to go. In your angry zeal to get at the judges your way, instead of the well thought out existing way, you are advocating short term cures with long term destructiveness."
       
      But my response is this, in the words of Theodore Roosevelt: "It is not the critic who counts, not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, and comes up short again and again, because there is no effort without error and shortcoming, but who does actually strive to do the deeds; who knows the great enthusiasm, the great devotions; who spends himself in a worthy cause; who at the best knows in the end, the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who know neither victory nor defeat." 
       
      Just remember, today's mighty oak is just yesterday's nut that held its ground. It was President John F. Kennedy who said in 1963,
      "Those who make peaceful resolution impossible will make violent revolution inevitable..."
       
      I trust I have addressed your concerns sufficiently.
       
                   -Ron Branson-
                    Author/Founder
      National J.A.I.L. Commander-In-Chief
       
      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 accountability!
      JAIL may be supported at P.O. Box 207, N. Hollywood, CA 91603
      To subscribe or be removed:  AddRemove@...
      E-Groups may sign on at http://groups.yahoo.com/group/jail4judges/join Open forum to make your voice heard JAIL-SoundOff@egroups.com
      Ask not 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 root."                         -- Henry David Thoreau    <><

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