Justplainbill's Weblog

June 5, 2017

A Response to Butch re Fed Court Abuse 5 Jun 17

Butch got upset with a recent segment of Tucker Carlson that showed a blatantly legislating federal judge. My immediate response didn’t completely satisfy him. Below are Article III and part of Article II plus the reasoning behind them which are in

The Heartland Plan

, which may be found as a section in The Albany Plan Re-Visited available at http://www.bn.com/ebooks for $10.

Article III
The Judiciary

§3.01 The Judicial Power of these United States, shall be in a Federal System of trial and appellate courts with District Courts, Circuit Courts of Appeals, and one Supreme Court of Appeals, with jurisdictions as follows:
§3.01.01 District Courts shall be trial courts
§3.01.01a District Courts shall be apportioned among the states regardless of state boundaries
§3.01.01b Their jurisdictional borders shall be identical to the geographic borders of the contiguous congressional districts assigned to them by The Congress
§3.01.01b(i) No District Court may have fewer than one congressional district nor more than seven (7) congressional districts within its purview
§3.01.01c In criminal cases, the jury shall consist of no fewer than eleven (11) voting members and no more than twenty-one (21) voting members
§3.01.01c(i) a guilty verdict may be brought in by eighty percent (80%) of the voting members rounded down
§3.01.01c(ii) a death penalty verdict may be brought in by ninety percent (90%) of the voting members rounded down
§3.01.01d In civil cases, the jury shall consist of no fewer than seven (7) voting members and no more than fifteen (15) voting members
§3.01.01d(i) a liability verdict may be brought in by sixty-five percent (65%) of the voting members rounded down
§3.01.01d(ii) a punitive damages award may be brought in by eighty percent (80%) of the voting members rounded down
§3.01.01e There shall be no more than three times (3X) the number of voting members of alternates, and no less than two (2) alternates on every jury
§3.01.01f In the event of a deadlocked or tied jury, or the minimum number of jurors be passed, the judge shall seal the record and the Circuit Court of Appeals for his district shall immediately certify the record for appeal and decision
§3.01.01f(i) In addition to reviewing the record for legal errors, this Circuit Court of Appeal shall also render the verdict including all damages, real, compensatory, and punitive or in a criminal case, set the penalty including death
§3.01.02 There shall be several Circuit Courts of Appeals placed over the District Courts by The Congress
§3.01.02a Upon appropriate appeal made, the Circuit Court shall review the record for all errors of law and fact
§3.01.02b There shall be a separate Federal Court of Distinctive Appeal, which shall be responsible for all appeals from administrative and military courts
§3.01.02b(i) The Federal Court of Distinctive Appeal shall be located at the capitol but may create and order special magistrates to any locale for fact finding, but never decision making
§3.01.03 There shall be one Supreme Court of Appeal over all the Circuit Courts of Appeal
§3.01.03a Upon appropriate appeal made, the Supreme Court shall review the records and decisions of the lower courts for errors of law and fact
§3.01.03b The Supreme Court shall be responsible for resolving disputes between the circuits
§3.01.03b(i) It shall resolve disputes between the circuits as soon as they occur and certify the records no later than sixty (60) days from the rendering of the contrary decision
§3.01.03b(ii) All circuit disputes shall be resolved during the term in which they are certified, the court staying in session until its work is completed
§3.02 The Judicial Power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other public ministers, consuls and civil servants when performing within the scope of their employment; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; and to appellate controversies between two or more states, and between a state, or citizens thereto, and foreign states, citizens or subjects
§3.02.01 All Supreme Court decisions interpreting statutes or this Constitution of these United States, shall be, on the day rendered, forwarded to the Congress for complete acceptance, partial acceptance and remand, rejection and remand, or rejection and direction pursuant to §1.08.01a
§3.03 Eligibility requirements for the Federal Bar
§3.03.01 All Judges, Justices and U.S. Attorneys must meet the same eligibility requirements as those for president
§3.03.02 All private counselors and advisors, appearing in that capacity in Federal Court, must meet the same eligibility requirements as those for members of congress
§3.04 Representation of parties
§3.04.01 Only U.S. Attorneys shall be members of the Federal Bar
§3.04.02 All causes, criminal, civil, administrative, or other, will be assigned to a U.S. Attorney for prosecution, and to a second U.S. Attorney for defense
§3.04.03 Any and all parties to a Federal Action may, at his own non-reimbursable expense, hire a licensed member of any bar as a counselor to assist the U.S. Attorney assigned to represent him
§3.04.03a The Court, at its discretion or upon motion of a party, may, but is not required to, and it shall be reviewable on appeal, order more than one U.S. Attorney to represent a party in a Federal Action
§3.05 Everyone protected by this constitution has access to this court provided this court has subject matter jurisdiction
§3.05.01 Every petitioner shall submit his claim to the district court in which he lives
§3.05.01a the petition shall be reviewed by two U.S. Attorneys and one judge for appropriateness
§3.05.01a(i) Appropriateness shall include a decision on jurisdiction, both subject matter and personal
§3.05.01a(ii) Appropriateness shall include a decision on frivolity
§3.05.01a(iii) If the suit be found inappropriate, it will be returned with instructions on where and how to properly file it
§3.05.01a(iv) If the suit be found inappropriate for frivolity, the petitioner shall be charged the full expense of filing and assessment
§3.05.02 If the claim be appropriate, the court will prepare the petition for filing in accordance with the Rules of Procedure and assign it to the appropriate District Court wherever that shall be
§3.05.02a The appropriate District Court shall take charge of the suit, file it, assign a court, a plaintiff’s attorney and a defense attorney from its available pool of U.S. Attorneys, and perform all other necessary functions for the just and expeditious resolution of the claim
§3.06 Juries
§3.06.01 Every Bona Fide Corporeal Federal Citizen is subject to jury duty without recourse, except:
§3.06.01a Those actually in hospital
§3.06.01b Those adjudged mentally or physically incompetent by both a doctor of competent jurisdiction and a sitting Federal Court or under the age of eighteen (18) years
§3.06.01c Military or Civil Servants serving overseas or whose duties are of such paramount necessity to the public defense or health that to require their attendance endangers the public welfare
§3.06.01c(i) In such cases jury duty is postponed, not exempted
§3.06.01d Those scheduled to have life saving surgery during the time estimated for trial
§3.06.01d(i) In such cases jury duty is postponed, not exempted
§3.06.01e The President of the United States; The Speaker of The House; and, The Counter-Speaker of The House
§3.06.02 Jurors shall be compensated for their service by bringing the prior year’s 1040-IRA form and an hourly compensation will then be ascertained; compensation will then be at the hourly rate for the first forty (40) hours per week with the next twenty (20) hours at one hundred and fifty percent (150%) for the next twenty hours in that week and at two hundred and twenty five percent (225%) for each weekly hour past sixty (60)
§3.06.02a The court shall provide the second meal for any day where the juror’s time exceeds eight (8) hours
§3.06.02b Jurors shall supply the court with a statement of benefits from their employer or other provider of same and the court shall directly reimburse the provider the cost of such benefits for the duration of jury duty
§3.06.03 There shall be no peremptory challenges
§3.06.04 No potential juror shall be dismissed for any reason other than cause shown and cause shown is reviewable by the appellate court
§3.06.05 Avoidance of jury duty, or the filing of false information to avoid jury duty, is a felony
§3.07 Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, or giving them aid and comfort, or in supporting them financially or materially
§3.07.01 No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court
§3.07.02 The penalty for treason is death without stay or pardon
§3.07.03 No attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted
§3.08 No Federal Court at any time nor in any manner may grant a criminal greater rights or privileges than has a bona fide corporeal citizen of these United States of America
§3.09 Federal Judges and Attorneys shall have, once appointed, tenure for life or voluntary retirement, excepting that:
§3.09.01 §1.03.05 applies
§3.09.02 The President or the House may remove any judge or attorney for medical or psychological reasons, proven in a court of competent jurisdiction, including but not limited to, a finding of drug or alcohol dependence or abuse
§3.09.03 A judge or attorney once dismissed, may never be reinstated

§3.01 & §3.02

What appear to be overwhelming changes from the 1787 Constitution are actually what was originally intended in the 1787 Constitution, by both the Hamiltonians and Jeffersonians, were reiterated in the Constitution of the Confederate States of America, and from time to time by various presidents and governmental watchdog groups, each having recommended one or all of these things. Each time that one or more of these have been suggested, the United States Supreme Court has made its next decision on whatever subject raised everyone’s ire, a slightly retrograde decision which never recovers a tenth of the ground lost but which placates all of the court watchers but has continually moved us into the realm of socialism and of judicial legislation. The quick proof is to look at almost any controversial opinion made by the 9th Circuit Court of Appeals and where the U.S. Supreme Court has ultimately ended up. Another quick proof is to look at how easily the avowed socialist Ruth Bader-Ginsberg and Sotomayer were confirmed and to how impossible it has been to get Moderate Republicans confirmed, never mind actually getting a Republican or a Conservative confirmed. The best quick proof has been the death penalty.
When the founders put in the clause regarding cruel and unusual punishment, they were specifically talking about stocks, branding, maiming, dunking, drawing & quartering, castration, forced bankruptcy then moving the debtor and his whole family into debtors prison where he and they became day-laborers-slaves and died still in debt, as it was structured to be impossible to work the debt off, the debt being then inherited by his heirs.
Jefferson knew about this personally as he was debt free until he married. When his father-in-law died and they inherited her proportional share of his estate, Jefferson found himself so in debt that he never recovered. He himself died selling family/slave members west and a bankrupt. The state of Virginia allowed a lottery for the purpose of relieving his debt around 1823 but still couldn’t raise enough money to satisfy his creditors. (Jefferson, 3rd President of the United States, died on July 4th, 1826 coincidentally within hours of John Adams, 2nd President of the United States, who died debt free.)
So, here we have a structure that places justice back into the hands of the citizenry. Currently, you do not have the absolute right to a jury trial in a civil case. You now have to ask and the court may deny your request. Also, the structure of the courts is codified. The Federal Circuit Court is now the Circuit Court of Appeals for the District of Columbia. It just so happened to evolve this way because when you sue the federal government, you must file in D.C., hence, the D.C. Circuit Court of Appeals just so happened to get the bulk of the administrative cases. This hasn’t affected how the individual circuits have interpreted the Code of Federal Regulations, the C.F.R.’s which are the regulations formulated by the various government agencies for the implementation of their powers. One need only check on what the 9th Circuit has allowed or what the EPA and NLRB have gotten away with.
A quick proof is the judicial extension of the Social Security Act by the 9th Circuit back in the 1970’s.
The SSA was for people who put into the funds. If you didn’t contribute to the funds or be the widow or minor child of someone who had contributed into the SSA trust funds, you weren’t eligible to receive any Social Security checks of any kind. With the influx of Vietnamese refugees, some claiming post-traumatic stress from watching their villages, farms, relatives or jungles being bombed into the stone age by the United States Air Force, all on their own testimony without corroboration, and Administrative Law Judges (ALJ’s) denying these claims, when appealed through the District Courts to the Circuit Court, the 9th Circuit decided to extend to these poor people one hundred percent (100%) vesting in the Social Security Plan. You should research this yourself to make certain that this is the correct order of things. It just may be that Congress violated the constitution and the original SSA and the 9th Circuit was merely following the will of the people as placed into law by the elected representatives of the people. Regardless … .
Another quick proof is the death penalty issue. In every poll and at every election, the citizenry are in favor of the death penalty with an affirmative vote of at least 70%. Yet the courts, both state and federal, keep saying that killing a murderer is cruel because it inflicts a certain amount of pain on him. Let us consider the absurdity of this position.
First, it’s not up to the courts to decide this issue, it’s strictly legislative. Second, even if you’re an atheist, what’s the real difference between death by lethal injection and death from old age? Personally, death by lethal injection is much more humane than requiring someone live in Leavenworth Prison for thirty, forty, fifty or more years.
Technically, the bulk of this section shouldn’t even be in a constitution. Most of this is statutory in nature. Because the courts have become havens for the personal agendas of the judges, it’s necessary to spell it out for them and remove so much of their discretionary powers.
§3.03 through §3.05

These are huge changes from the way that we currently operate, but, again, they’re actually what was intended by the founders, and the last 220 years have shown that they are necessary for justice.
The first purpose here is to screen potential legislators from gaining the bench. The second is to screen self-servers. The third is to actually remove pecuniary interest from the litigation process. Overall, the purpose is to fulfill the social contract of government.
With the development of civilization came property. With ownership came thieves. With thieves came the realization that you couldn’t stay awake 24/7 to protect your property so the law, and police, and the courts, were invented. Brief and superficial, but sufficient for our needs herein with the exception that until very recently, we have retained the rights of self-defense, defense of others, and defense of property, by the use of deadly force, to ourselves.
In order to keep the peace, we allowed for the expansion of courts and police and, for most of us, the un-intentional relinquishing of our rights of self-defense. Our hired police would both prevent crime and capture criminals for trial in our wonderful jury system, which, if they were proven guilty, they would be removed from our society and punished. Again, this is an oversimplification, but it states the obvious and places the foundation for the changes in the judiciary. In the XXth Century, with all of its psycho-babble, liberalism interpreted as self above all, and dumbing down while insisting upon unearned self-esteem as the standard for maturity, the criminal has been exalted above the citizen and been given rights and privileges far beyond those of the citizen.
Several quick-proofs are readily apparent. The 1787 Constitution provides for a jury trial. Now, a citizen does not have the right to a jury trial, but must instead ask for one and the court believes, erroneously, that it can deny this request.
A criminal has the right to a speedy trial, usually meaning within nine (9) months of the indictment. Civil trials, especially with the federal government as defendant, can go on for years without resolution. Further, in the Federal Code of Civil Procedure, the federal government has several privileges not permitted to others. An extended time to answer a complaint and special rules regarding judgments are just two such examples.
Health care is a third area where the criminal benefits more than the citizen. Thanks to the legislating 9th Circuit, if a serial killer, in jail for nine hundred and ninety-nine years (999), needs an organ transplant, he goes to the top of the waiting list and WILL be the next to receive a liver, or lung, or heart, whereas the taxpaying citizen must first be assessed to determine how helpful a transplant will be and then he’ll go on a waiting list behind everyone else who is already on the list. Criminals, thanks to the courts, have better health care, nutrition, leisure activities, educational opportunities, libraries and social services than families of four with a gross annual income of fifty thousand dollars ($50,000). Facilities, services and punishments for criminals, solely the legislature’s responsibility, have been usurped and standards set, by people rarely if ever subjected to victimization by anyone.
Another area where the courts have imposed not only their own standards, but their arrogant ignorance, is the area of social justice. Here, quick-proofs abound to the point of absurdity, and the Obamacrats keep adding more.
First, some historical asides to set the stage. According to historians, slavery is an economic circumstance and one not particularly related to race. Prior to 1750, race wasn’t much considered as a factor of slavery in the United States, but one of circumstance. As late as 1860, substantiated by an analysis of the 1860 United States Census by the Kennedy Brothers, Ronald and Donald, 42% of slaves were Amerindian, Chinese and white; 32% of slave owners were black, among them were some who’d escaped their fates on the Amistad. According to the November 2006 issue of Reader’s Digest, slavery is common enough in New York City. As a matter of religion, twenty percent (20%) of this world’s population believe slavery is appropriate and it is not only their right, but their duty to enslave the infidel.
According to Hugh Thomas, The Slave Trade [Simon & Schuster, © 1997, ISBN 0-684-81063-8] over eighty percent (80%) of the eleven million plus (11,000,000) Africans taken into slavery and shipped to the New World, were enslaved by fellow Africans who bartered them away to, in descending order, the Portuguese (Brazilians, who ended their slavery in the 1880’s while Yankee clippers from Boston still profited from the trade), the English (who in fact forced slavery onto Virginia – the early colonists allowed indenture but not slavery but since the king got a percentage of every slave’s sale, the Crown Colony was required to admit slaves), the Spaniards, the Dutch, and the North Americans.
Fewer than half of American slave owners owned more than five slaves, and those with fewer than five slaves generally, they all lived in the same house and attended the same church, all as one family. Less than sixty percent (60%) of the blacks living in the United States are descended from slaves and fewer than twenty-five percent (25%) of the non-black population are descended from people who were here in 1850. Of even more interest, less than five percent (5%) of today’s American population are descended from anybody who’s ever owned slaves and thirty-two percent (32%) of that five percent, are black The richest slave owner in Charleston SC in 1860 was a black man named Jackson who owned seven plantations and over 680 slaves. When Lincoln was elected, he sold all of his property for gold and moved north to Chicago. When Farragut and Butcher Butler took New Orleans in 1862, the second richest slave owner was a black widow who had all of her cotton stolen and sold to Butler’s British cotton factors for way below market.
Women, until the birth control pill, were subject to a lesser status than men for various reasons.
Species continuity requires that women conceive and bear healthy children. Until penicillin, in the 1940’s, infant and child mortality was high. Married women, who accounted for approximately two thirds of the female population, were frequently pregnant and forced to labor at home, not necessarily because her husband wanted it, but because of the circumstance of child rearing combined with child bearing. They simply were unable to be out in the work force overseeing or participating in manufacture. Property laws and tra-ditional behavioral standards kept them there.
Of the other third, most were spinsters living in somebody else’s house and surviving on, usually a relative’s, generosity. Read your Jane Austen for some insight.
Judicial legislation in the way of desegregation decisions based on “disparate impact,” or quotas for employment or school acceptance are based on both false historical “facts” and improper application of statistics.
When an area has 70% of its criminals being black, it might behoove the court to see what the community is made up of. If the community is 70% black, then the police force is not targeting the black community. If 70% of the criminals are Latino and 70% of the community is Latino, then the police force is not targeting Latinos. It’s an odd thing, disparate impact.
First, the disparate impact shall be looked at and then the others.
“Disparate Impact” means that if a plaintiff can show the judge that his group has a lesser standing or greater handicap than the white male, that is automatically discrimination. No other factors need be taken into account, nor how this disparity evolved. In Kansas City, we have recently gone through a twenty year forced desegregation program, costing the state of Missouri over two billion dollars ($2,000,000,000) in tax revenue because a Federal Judge was shown that kids in the Kansas City Missouri School District performed much lower on the standardized tests than those “similarly situated.” No interest was shown in the children’s backgrounds, environment &c. The court was shown that over seventy percent (70%) of the student population was black and Hispanic, and, therefore, it was the segregated school district that had caused this failure rate. Therefore the school district must be desegregated, regardless of the cost. Never mind that the district was 70% black and Hispanic, and the results were, according to the sociologists, because of the broken homes and poverty &c in their environment, which means that spending more money on the schools will have zero impact on the root causes of these kids’ academic failures , the Federal Court ruled that the district must desegregate. It also ruled on how the state of Missouri must spend its tax dollars – something strictly forbidden it by the 1787 Constitution. One absurd result of this ruling was that a child in Odessa MO, over fifty miles away, was “bussed” in by private cab at a taxpayer cost of over $150/day. So the school that needed more whites could have more whites; and the real result as of today, March 23, 2012, is that the Kansas City School District has become dis-accredited and many of the schools closed, but administrative staff and costs about what they were or higher than, in 2000.
In New York City, for many years Hispanics failed the written driving test at a much higher rate than whites. The test was given in English, so those who were not fluent in English, failed at a higher rate, thus, “disparate impact” on a racial group. Automatically, this was decided to be discrimination, and the test then had to be given in whatever language the candidate was comfortable with. Never mind that driving is a privilege, and, therefore, not covered by the 1787 Constitution, and never mind that driving licenses are strictly a state’s right where the feds are forbidden to meddle, and, never mind the extra cost for these additional changes or the hiring of translators for languages not common enough to warrant printed exams, and never mind that the reason that some of these people couldn’t pass was because of the educational system from whence they came, but, more importantly, never mind that by requiring the candidate to learn some English, he was forced to become American! Forced to integrate himself into the American Culture, imagine that!
And, don’t let’s get started on Medicaid!
Colleges with higher standards than average for admittance have been forced to accept under-qualified minorities, but not white females, and provide them with remedial classes, at double taxpayer expense as these skills have already been paid for in high school. These minorities then had a higher than normal drop out rate, because they were unfit for the curricula of study, which feeds the Catch-22 of “disparate impact.” Now these schools are discriminating because there’s a higher percentage of minority dropouts than whites, so, some are passed through without actually earning a degree but getting one anyway or programs are dummy-downed.
Community Standards are another way in which the courts legislate their personal agendas. When it comes to zoning, community standards require all sorts of restrictions including building size, occupancy, and location based on use, &c. However, pornography, or where a halfway house, or drug rehabilitation/ testing office is located, is purely at the whim of the judge. Quick-proof is when a half-way house was going to be located in a judge’s neighborhood in Westchester County, NYS, it wasn’t allowed because it would overburden the utilities, but it wouldn’t overburden the utilities in The Bronx, which if you’ve ever driven on the Cross-Bronx-Expressway, you’ll know looks like Dresden Germany the day after the fire bombing in World War II. Judges apply different standards for themselves than they do the people who have no control over them.
§3.06

Juries. Part of the problem with the lack of justice is the ability of the court to disallow citizens to participate on a jury on a whim, and that potential jurors can escape jury duty for any reason or no reason and without good cause shown. Actually, this, as certain other sections, shouldn’t be in a constitution. This should be a statute. However, the phrase, “why would you want a jury of people too stupid to get out of jury duty,” is all too true.
Judges and attorneys do not want anyone educated to sit on a jury, nor do they want anyone who may view the facts dispassionately. They all want an easy resolution by either overwhelming the jury with so much crap that they take the easy way out or they appeal to their emotions to get huge jury awards. Quick proof: there is no substantial evidence as to what causes cerebral palsy. The Plaintiff’s bar has made themselves billions of dollars by appealing to the emotions of jurors. The widow of a man who used Vioxx for less than nine months and then died of heart failure, is certainly not entitled to $50,000,000 for the loss of his life’s earnings and consortium, much less a punitive award of $250,000,000 when the evidence so clearly shows that the patient must take Vioxx for over 24 months to have any serious side effects. A jury made up of people from the community, college graduates as well as high school drop-outs, men and women, probably would not have come to that decision.
When one looks to Europe, we see that in these kinds of cases, an economic assessment is made for the bereaved family and that’s what they receive, and, if the manufacturer is found to have been negligent, the corporate leaders are charged with manslaughter and do time if convicted. Here, we try to keep things on the economic plane, keeping in mind fair play, equity and justice, which the courts disallow.
By having juries defined and the community protected by these rules, and the pecuniary interests of the judges and attorneys completely removed from the litigation process, justice will become the norm and injustice an aberration.

§3.07 through 3.09

These are self explanatory. The section on not allowing criminals more rights that citizens is fairly well covered above. The penalties’ section simply removes the undesirables from staying on the bench.
More Reasoning
Another quick proof of the malignant intentional negligence of the court system, and one which is about to cost the taxpayer trillions of dollars, is the allowance into the court system of a suit for reparations by people alleging to be descended from slaves, here in the United States. This gross injustice is so rife with illegal and non-judicial forms that it must be commented on.
A quick historical background on slavery in the western hemisphere has been pointed out above. In addition, it’s necessary to point out that the people who profited from slavery include all those northern states who provided the ships and ports, and agents in Africa who bought the slaves originally and those that took Federal Dollars to improve roads and canals, those Federal Dollars being tax revenue from primarily southern states. However, just to point out the legalistic nonsense involved and allowed in this suit, read on:
First, in order to file the suit, you must be the one injured. No one in this country can claim to have had his labor stolen by the government. The United States Government has never owned slaves and, in fact, when Lincoln tried to avert the War of 1861 by asking congress to buy the slaves, he was told that the federal government wasn’t allowed to own slaves, even for the limited purpose of manumission. When Lincoln proposed to buy the slaves from the slave states that had stayed loyal, Kentucky, Missouri, Maryland, & Delaware, his purpose to prove that the war was being fought to preserve the Union, not to free the slaves, which was an unconstitutional purpose, he was told that the necessary and proper clause wasn’t broad enough to allow congress to spend the money that way and that the spending clause also prohibited this purchase. His decision to free the slaves through The Emancipation Proclamation was allowed only because it didn’t apply to the United States but to a foreign nation with which the United States was at war and because it was not a government action, but an action by the military applying only to an enemy state! So, nowhere in the 220 year history of the United States has the United States owned slaves. Plaintiff’s lack standing for this reason alone.
Second, you must be the damaged one. Reparations suits have been allowed by the courts where the plaintiffs have been Japanese-Americans wrongfully incarcerated during WW II and for Jews and others against Germany and Swiss Banks for the theft of goods and labor. There is also a suit being considered against Japan by WW II veterans who were used as forced labor to build roads, bridges and work in factories, where, again, only those living have been allowed in as parties, none of their descendants. In this suit, no one originally a slave is a plaintiff.
Third is the all-necessary parties rule. In order to provide justice, you must make all those liable parties to the suit. Generally, this is considered a class action suit. Now, let’s look at those actually liable in the reparations issue: First, those who took the original peoples into slavery, according to the actual facts and records, were 80% African Tribesmen who took other tribesmen into slavery, a practice that still goes on today. Not one African tribe or country is included as a defendant. Secondly, there were those who transported the slaves, primarily Boston and Providence shippers, none who’ve been made defendants.
In such a suit, all the plaintiffs must be included or given the chance to be included. Everyone has seen the ads in Reader’s Digest and TV Guide, where you need to file as a plaintiff in one of the asbestos suits, or breast implants, or Vioxx. The same joining of parties is necessary in this suit. Since this is a suit for reparations for some ancestor having been a slave, then just about everyone should be a plaintiff because somewhere in your history, and mine someone was a slave to somebody. Being Polish, several generations of my ancestors were enslaved as serfs by the Russians; a serf being worse off than a slave because a slave has value and a serf is only part of the land, like a tree or a rock. If this reparations suit were reasonable, then we’d all be plaintiffs and every institution, business and government would be a defendant. Simply as a matter of law, it’s a necessity to include all necessary parties. Not done here.
Further, in order to be just, only those who originally owned slaves can be assessed damages. My grandparents came to this country to get away from the war. I’m second generation. To the best of my knowledge, no one in my family has ever owned slaves, but in fact, have been Russian Serfs. I should be a plaintiff. On the side of defendants, in order to be just, a study would have to be made as to who was here before 1866 when slavery was abolished by the 13th Amendment, as well as who is actually descended from an actual American slave owner. And, someone had better include those blacks descended from that 32% of slave owners who were black.
Next is the issue of Statute of Limitations. If these people who were not damaged by slavery are entitled to bring suit over one hundred and fifty years after the last occurrence, then everyone can bring suit against anyone and everyone for any reason at any time regardless of law or reason. The Statute of Limitation for a suit of stolen labor is less than ten years in Missouri. This means that any suit filed after 1876 should be dismissed for un-timeliness.
Next is the issue of Cause of Action. Is this really a suit for damages for discrimination or for forced labor? Forced labor is really a States’ issue and should not be in Federal Court for that reason alone. If this is a discrimination issue, then where are the Amer-Indians, Chinese and Caucasian descendants necessary for adjudication?
Damages must be for a sum certain or there must be some method of determining damages. In this suit there is no reasonable formula for computation of damages. In fact, there is no formulation for who should receive those damages if it becomes possible to ascertain them. Less than 60% of the blacks living in the United States today are descended from American slaves. How is the court supposed to determine who collects what.
Along with the issue of damages is mitigation of damages. How is the court going to count the monies spent by congress on welfare, affirmative action, EEO &c., or the monies given to charities or The National Negro College Fund, &c, by whites and others, against any spurious damages? Impossible.
Best yet, whom can they collect against? All the slave owners and their property are long gone. Under the 1787 Constitution, the court does not have the authority to order the Government to pay damages caused by private individuals, only congress can do that and only for a legitimate reason. Any order by the court to pay from tax revenue is unconstitutional on its face. The suit should have been dismissed as not in the jurisdiction of the court, but in fact a legislative issue. And Congress is forbidden to pass Bills of Attainder and Ex Post Facto laws. Meaning, you can’t post date a law back one minute, much less 160 years or more, just because you want to. And, the court has no jurisdiction in this matter.
Instead the people of the United States, over 95% who have no involvement in the issue, are staring at a lawsuit, or not because the mainstream media hasn’t reported this suit, are going to be out trillions of dollars.
One thing not mentioned above, is that the lawyers involved will make a fortune on this bogus suit. The court will award attorney’s fees to the lawyers. Article II removes the litigating federal attorneys from all temptation of financial gain through misapplication of law or procedure. Even in a case where the court feels that the suit needs more lawyers, in Kansas City alone, there are over 200 lawyers available for temporary work at $23.00 per hour, no benefits other than overtime, so additional lawyers, not U.S. Attorneys, are readily available at reasonable rates, as temps.
These changes are necessary for justice and to stop the millionaire jury lottery that our courts have become. Make a group of people not smart enough to get out of jury duty sympathetic, and regardless of law and fact, become an instant multi-millionaire with the lawyers getting up to 60% as their fee. (State of Missouri allows 60% to attorneys in contingent fee cases.)
Nope, these changes are not only necessary, they are righteous.

[From Article II, The Legislature:]

§1.08.01 The House shall have the following Standing Committees with the responsibilities as delineated therein, plus those others to be delegated and revocable to them by The People, and in The Senate revocable by The States:
§1.08.01a Judiciary
§1.08.01a(i) Within thirty (30) days of a decision by The Supreme Court on any Constitutional Issue, or Interpretation of a law passed by congress, this committee will recommend either the acceptance of the court’s interpretation in its entirety, acceptance of a part of the interpretation remanding the remainder for the court to reconsider, for which it will have no more than ten (10) days to submit a re-interpretation for this committee to reconsider, or reject the court’s interpretation in its entirety in which case the court will have ten (10) days to resubmit its decision; this committee shall have the privilege, not right, of suggesting to The Court a more appropriate decision
§1.08.01a(ii) When the committee has decided to accept the court’s interpretation in its entirety, it will then submit to The Congress the Court’s decision for its approval
§1.08.01a(iii) The Congress will then, as a committee of the whole, decide to accept or reject the Judiciary Committee’s Report. In the event of a rejection, The Congress shall have thirty (30) days to write and pass by a 60% majority of the Quorum of the entire Congress, a decision that will then be the final decision as to the interpretation of this Constitution or of the Federal law in question
§1.08.01a(iv) The Judiciary Committees shall recommend the appointment of all Federal Judges and Attorneys from the appropriate lists provided to them by The President to The Congress
§1.08.01a(iv)A Appointments must be made within thirty (30) days of a position becoming vacant
§1.08.01a(iv)B Appointments must be made from and only from the pre-existing list of candidates provided by The President, said lists further defined in Article II, The Executive
§1.08.01a(v) The Judiciary Committees will be responsible for recommending to The Congress for its approval all Rules of Civil Procedure, Rules of Criminal Procedure, and Rules of Evidence, keeping in mind the recommendations of the Chief Justice of the Supreme Court and also that of The Executive as submitted by The Attorney General of the United States, but neither shall they be bound by such recommendations
§1.08.01a(vi) The Judiciary Committees shall be responsible for the recommendation of Impeachment of Federal Judges and U.S. Attorneys, when called for by a Writ of Impeachment from either the Chief Justice of the Supreme Court or by The Executive or by themselves, or by the Legislature of the State in which the Judge or Attorney is assigned
§1.08.01a(vi)A Said Writ shall clearly state the breach of this Constitution alleged, the evidence supporting the Writ, or, present the Conviction of Felony requiring said judge’s or attorney’s dismissal as required in Article III of this Constitution
§1.08.01a(vi)B If said Writ is presented by a state’s legislature, the Writ must have been voted approved by 75% of both houses of that legislature, 75% of the full legislature, not 75% of the quorum
§1.08.01a(vii) At the direction of The Congress shall provide all other oversight necessary to prevent the court from legislating

1.08 Required Committees and their responsibilities

Specific Committees designed to do certain things. The Founding Fathers, as noted in the preceding comment, had limitations on the franchise. They believed that certain issues, even those that were unpopular or messy, would be properly handled because congress would be made up of responsible people. Two Hundred and Twenty years have shown us otherwise. Just look at the number who routinely bounce checks. Look at the pork. Look at the current spitefulness & partisanship wrangling, over 9/11 and the Iraq Vote. Look to Obamacare and all of the waivers; and, if that’s not enough, go read Throw Them All Out, for the insider trading, legal for congress, illegal for you and me.
Look at the National Debt, or don’t. Whether you do or don’t, YOU owe over $100,000, as does each man, woman, and child who’s a citizen in this country. We’ve got this debt because members of the congress created by the 1787 constitution, are irresponsible and represent only special interest groups and most particularly not the middle-class taxpayer. (The current National Debt is over 16.75 Trillion Dollars – $16,750,000,000,000.00 now divide by 300,000,000 and that’s how much each individual owes, and really, who’s going to pay that money off? )
In recent history various congressional responsibilities have been ignored and the executive and judicial branches have stepped into the vacuum. Roe v Wade is only one public example of such. The Dred Scott Decision, for those who are actually familiar with it, is another. Almost every decision of John Marshall’s, starting with Marbury v Madison, has been a lurid and successful attempt at taking power away from the people. Reading from The Federalist it seems that the Founding Fathers would have approved. Reading from the works represented in The Anti-Federalist, The Massachusetts Plan, and those speeches in Congress from about 1820 through 1860, as well as the constitutional debates themselves (1787), it’s shown that the 1787 constitution became terminally ill with Marbury.
In both sets of essays and such works as Calhoun’s A Disquisition on Government and Geo Washington Letters to Bushrod Washington and the various letters of such note-worthies as Senator/President Jefferson Davis, Senator Stephen Douglas, President Abraham Lincoln, President John Adams, President Thomas Jefferson, et al, congress is MEANT to supersede the Supreme Court and the Executive. Instead, for fear of offending some special interest group back home, much power has left the people by the ineptitude and cowardice of the national legislators.
By having specific duties and responsibilities spelt out, The Congress cannot but do its duty and fulfill its obligations to the nation. The questions of constitutionality of abortion would’ve been answered within six months; Spiro Agnew would’ve gone to jail a lot sooner; the National Debt would be a lot less; a $500,000,000 bridge to nowhere in Alaska wouldn’t exist; Cindy Sheehan and now Sandra Fluke, wouldn’t be in the news ad nauseum.
An historical aside is that before the Marshalistas got control of the Supreme Court, constitutional issues were put to the jury, not to a judge or appellate court with its own agenda.

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