Monday, September 17, 2007

* * * We Do Have a Constitution; What We Don't Have Is a Government * * *

J.A.I.L. News Journal
Judicial  Accountability  Initiative  Law
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Los Angeles, California   -Constitution Day-   September 17, 2007

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The Battle Lines are Drawn:  J.A.I.L. versus The Foreign Power 

A Power Foreign to Our Constitution


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We Do Have a Constitution;

What We Don't Have Is a Government 

By Barbie, ACIC, National J.A.I.L. Hqtrs.

victoryusa@jail4judges.org

 

Today is Constitution Day. What better time to write a report on the Constitution?

 

There are still communications coming to us stating that we don't have a Constitution; that the Constitution is dead. I knew that I had to research this topic, because the purpose of J.A.I.L. is to enforce the Constitution! See To Enforce the Constitution http://www.jail4judges.org/JNJ_Library/2004/2004-10-23.html. We can't enforce something that doesn't exist. We also covered this topic earlier this year, The Constitution is Valid for Today http://www.jail4judges.org/JNJ_Library/2007/2007-04-05.html wherein we stated:

Our attention is now drawn to the theory that "We have no Constitution."  I say "theory" because it would be impossible for the People to exist as an ordered society without a supreme law of the land to govern them. With all of its imperfections, we certainly do have "The Constitution for the United States of America" which society has accepted as The Supreme Law of the Land. The legitimacy of the Constitution is reported in a Law Review "Legitimacy and The Constitution" by Richard H. Fallon, Jr.
and we quoted excerpts from it, for instance,
... As measured by sociological criteria, the Constitution or a claim of legal authority is legitimate insofar as it is accepted (as a matter of fact) as deserving of respect or obedience ... In the Weberian [Max Weber] sense, legitimacy signifies an active belief by citizens, whether warranted or not, that particular claims to authority deserve respect or obedience for reasons not restricted to self-interest. ...
The existence of the Constitution is affirmed by its being sociologically accepted by society as the legal authority for government. We also quoted from John Locke's Second Treatise on Government and we said:

Locke has much to say about the laws of nature indicating the necessity of mankind to form a power of community (government) for the effective protection of their property in society. He points out that the only effective way people could institute such government for their protection is by their own consent under a written compact, which in America is titled "The Constitution."

We closed that J.A.I.L. News Journal by saying:

"There is no Constitution" is not a valid argument, and we, the People, better understand why. Learn the truth-- don't continue believing the lie and giving sustenance to the foreign power!

We encourage our readers to read another J.A.I.L. News Journal, titled The Consent of the Governed is the U.S. Constitution, http://www.jail4judges.org/JNJ_Library/2007/2007-01-30B.htmlquoting Dr. Ronald Pestritto of the Claremont Institute:

America's government institutions derive their "just powers" from the Constitution, and the Constitution derives its authority from the consent of the people who have ordained and established it. Because consent is the only legitimate source of political power, government must rule according to the rule of law.

--Ronald J. Pestritto, Ph.D

taken from Constitution Day By Ronald J. Pestritto, Ph.D posted September 15, 

2000:  http://www.claremont.org/publications/precepts/id.123/precept_detail.asp

 

One of our readers questioned why take an oath to uphold and defend a document that doesn't exist, and referred to http://vftonline.org/TestOath/13nomeaning.htm. In that site it states: 

...by removing Biblical principles from "the public square," the foundations of the oath to "support the Constitution" have been destroyed. Because the oath to "support" the Constitution means nothing, the Constitution likewise means nothing. In fact, without a reference point in Biblical Law, the foundations of Constitutional government - indeed, of civilization itself - have been destroyed.
Our country was founded on principles of the laws of nature. Vftonline.org above represents that because the Constitution does not reference Biblical Law, it is meaningless and the "foundations of constitutional government... have been destroyed."
America is no longer under the British Crown. America is no longer under the Articles of Confederation. And -- not just de facto, but (arguably) de jure, -- America is no longer under the Constitution. To take an oath to "support" a Constitution which no longer exists is to be oblivious to Secularism's march toward tyranny. Id.
The fact that "America is no longer under the Constitution" doesn't mean that the Constitution no longer exists. The reason "America is no longer under the Constitution" is because of the usurpation of power in America by a power foreign to our Constitution. That counterfeit power is not beholden to the Constitution and is a law unto itself, without accountability to the People. That foreign power does not function according to the laws of nature. It does not function as government, but as a tyrannical regime by usurpation that has placed the People under absolute despotism. Under this tyrannical regime, the People have no recourse but to "throw off such government, and to provide new guards for their future security" as instructed in the Declaration of Independence.
 
That responsibility of the People is a duty, according to the Declaration. Therefore, it must be done. J.A.I.L. provides a peaceful, non-violent means for the People to carry out that duty which involves the right to vote, as acknowledged in both the U.S. and state Constitutions. However, as we have seen in South Dakota, the foreign power has interfered with the voting process, preventing the People from performing that duty. If the People are not able to perform that duty peacefully by an honest voting system, then another method must become necessary. As President John F. Kennedy said:
If we make peaceful revolution impossible, we make violent revolution inevitable.
We have said that it's either pass J.A.I.L. peacefully or face a very unpleasant and costly alternative! America has only these two choices before it!
... Constitution itself, which lets the socialist camel stick its nose in the tent. Keep in mind this chilling fact: The Constitution itself says that the Federal Government should run the post office. We're obviously not dealing with people who had a thorough understanding of laissez-faire economics. Their defective economic theories are latent in the Constitution itself.
Think of J.A.I.L. as a filtering process of the Constitution. As litigants' rights are allegedly violated under Paragraph 2 of the J.A.I.L. Amendment, judges will stand a jury trial where the violations will be examined and determined whether they are truly violations of individual's inherent rights. If the violation is done by means of an unconstitutional law, 
(such as some of the administrative "laws" and schemes that are stretched beyond constitutional protections), they will be abolished.
 
Despite arguments to the contrary, the Constitution does exist! It just has to be enforced by the People upon a legitimate government prone to wander as stated below. Government has to be leashed by the People and kept within its bounds under the Constitution by principles that protect the People's rights. Government on its own is evil because of uncontrolled power.
Power tends to corrupt, and absolute power corrupts absolutely.
~ Lord Acton, in a letter to Bishop Mandell Creighton, 1887.
Government at its best is a necessary evil, and at its worst, an intolerant one.
~ Thomas Paine
 
"The State" should not be abolished because it is evil. It must be brought, and kept, under control by the People to prevent its evil tendencies because it is necessary to protect their rights, mainly their property, as John Locke pointed out. That's what the People will be able to do with J.A.I.L. by holding judges accountable.
 
 

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*   *   *

He has combined with others to subject us to a jurisdiction foreign to

our constitution, and unacknowledged by our laws; giving his assent to

their acts of pretended legislation.    - Declaration of Independence
 
"..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 i
s

striking at the root."   -- Henry David Thoreau                     ><)))'>

 

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