* * * We Must Invigorate The Constitution We've Inherited * * *

J.A.I.L. News Journal
Judicial  Accountability  Initiative  Law

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Los Angeles, California                                  November 5, 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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Mission Statement      JNJ Library        Federal J.A.I.L.

FAQs              What?MeWarden?

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We Must Invigorate

The Constitution We've Inherited

 By Barbie, National J.A.I.L. Headquarters

victoryusa@jail4judges.org

 

Yes People, we DO have a Constitution-- what we DON'T have is a government to implement it. Similar to one of the grievances listed in the Declaration of Independence, we now have a regime controlling America that unlawfully subjects us to a jurisdiction foreign to our Constitution. Hence, it is a foreign power that has usurped the Constitution. 

 

We are revisiting that subject from our previous J.A.I.L. News Journal (JNJ) of September 17th http://www.jail4judges.org/JNJ_Library/2007/2007-09-17.html 

because of the controversy that insists on this matter, the question being: How can we enforce something that doesn't exist? See To Enforce the Constitution http://www.jail4judges.org/JNJ_Library/2004/2004-10-23.html.

 

The Constitution has acquired legal status

It is undeniable that the American People have inherited a written document purporting to be "The Constitution for the United States of America," which states that it was ratified  sufficiently for its establishment on September 17, 1787, and that it "shall be the supreme law of the land." Officials take an oath to support and defend the Constitution against all enemies, foreign and domestic. The People are led to believe in its legitimacy through media sources, lectures, books, and writings. Therefore, despite any questionable foundation, the Constitution has acquired the force of law with respect to its subject-matter by custom, practice, and usage of the People by common adoption and acquiescence by long and unvarying habit. (See Black's Law Dictionary, Rev. 4th Ed. p.461.) 

 

The People have sociologically accepted the document as "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" reported by Harvard Professor Richard H. Fallon, Jr. in a Law Review article Legitimacy and The Constitution http://www.harvardlawreview.org/issues/118/April05/FallonFTX.pdf. 

 

It is important for the People to view the status of the Constitution as it exists today with current society, and not get caught up in the web of deceit regarding its confusing history. The Constitution as written has been sociologically accepted by American society as the supreme law of the land, and we must invigorate that inherited Constitution by enforcing it under J.A.I.L. See J.A.I.L. Recognizes Only a Constitutional Form of Government  http://www.jail4judges.org/JNJ_Library/2007/2007-02-28.html.

 

The Constitution is a bulwark of society based on the Declaration of Independence

The foundation for J.A.I.L., and for this entire country, is the Declaration of Independence (DOI), as we discussed in To Enforce the Constitution, (supra). The DOI must be held by the People as sacrosanct, as it contains the principles upon which this country was founded based on self-evident truths and the laws of nature and of nature's God which apply to all of society, rich and poor alike --there is no distinction under the laws of nature. All were created by their Creator and endowed with certain unalienable rights, and those rights must be secured. That is where we find the definition of government: "That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed...." [emphasis added]. The function of government is to protect the inherent rights of the People --nothing else.

 

The Declaration of Independence is considered to be the "real Preamble" of the Constitution, according to John Eidsmoe, Professor of Constitutional Law at the Thomas Goode Jones School of Law in Montgomery, Alabama. The purpose of the Constitution is to communicate the written consent of the People to the government from which it derives its just powers. See The Consent of the People is the U.S. Constitution, http://www.jail4judges.org/JNJ_Library/2007/2007-01-30B.html wherein we cite from The Claremont Institute - Constitution Day by Ronald J. Pestritto, Ph.D   September 15, 2000:  http://www.claremont.org/publications/precepts/id.123/precept_detail.asp.

The DOI also sets forth in two places that the People are to have recourse if government fails to protect their rights, to wit: (1) "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." (2) "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 added in red -j4j]

The Constitution must be invigorated by the People

The DOI establishes the groundwork for constitutional provisions, i.e., the particular principles to be instructed by the People in their written consent to the government they are instituting. The most essential principle in the Declaration of Independence is the duty of the People to have a means of enforcing the terms of the Constitution on a disobedient government in order to maintain the purpose for which it was created. This responsibility of the People is established as "their duty" and therefore, it is an indispensable provision to be included in the text of the Constitution, above all else! Without such enforcement provision, the Constitution, even though accepted by society as the supreme law of the land, lies dormant. A law --any law-- is only as good as it can be enforced. That principle has a supreme application to the supreme law of the land!

Is it any wonder that some people are arguing "The Constitution doesn't exist; the Constitution is dead" etc.? Instead of arguing about that, divert that energy into bringing it to life by getting J.A.I.L. passed in at least one state! Then we WILL have a meaningful, active Constitution. The Constitution does exist in principle --as a skeleton-- but it has no enforcement in the hands of the People. It lies dormant (inoperable) until the People give it life by providing the missing ingredient --enforcement-- through J.A.I.L. It is the utmost responsibility of the People to transform the inoperable Constitution we were given, regardless of the questionable history, into a meaningful Constitution that will institute an American government by definition, and keep that government chained down by that Constitution. "In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution." Thomas Jefferson's dream can never be fulfilled without J.A.I.L.

The revolution that is needed now in America is J.A.I.L.

The elites are still panicked by the "threat" of the People - a la J.A.I.L. Madam O'Connor cries that the "independence" of the judiciary is threatened-- "independence" in her context meaning "autonomy" (unaccountability). In the sense that she fears, YES IT IS threatened! See Understanding Justice O'Connor's Interpretation of "Judicial Independence" http://www.jail4judges.org/JNJ_Library/2007/2007-07-30.html. Ms. O'Connor, Thomas Jefferson dealt with this issue of judicial independence in 1820, saying: "A judiciary independent of a king or executive alone is a good thing; but independence of the will of the nation is a solecism..." (Dictionary definition of solecism is: "deviating from the proper, normal, or accepted order.") 

 

Read the California J.A.I.L. Initiative by clicking at the top of the Home Page at www.jail4judges.org to learn how it will be accomplished. All states are patterned after California. It is important for the People to read and study the J.A.I.L. Amendment, especially the crux of the Amendment, Paragraph 2. Again, see Understanding Justice O'Connor's Interpretation of "Judicial Independence" (supra) wherein we state:

 

[T]he crux of the J.A.I.L. Amendment is ¶2. "Exclusions of immunity. Notwithstanding common law or any other provision to the contrary, no immunities shielding a judge from frivolous and harassing actions shall be construed to extend to

• any deliberate violation of law
• fraud or conspiracy
• intentional violation of due process of law
• deliberate disregard of material allegations
• judicial acts without jurisdiction
• blocking of a lawful conclusion of a case
• or any deliberate violation of the Constitutions of [state] or the United States.

The foregoing judicial misconduct shall not be construed to mean court decisions made within the authorized capacity of a judge."  (Read the full discussion in that JNJ.)

 

In all the attacks against J.A.I.L., the elitists never discuss that paragraph; but instead make up ridiculous and unfounded accusations, such as words to the effect: "J.A.I.L. will provide for the release of felons from prison to go after the jurors who put them there." They depend on the People not reading the Amendment for themselves, but simply believing the propaganda spewed by the opposition. The People must inform themselves of the truth. The elitists, in their panic, will say anything to prevent the passage of J.A.I.L. They will also do anything to prevent its passage, including interfering in the voting process as they did in South Dakota. The People must overcome these nefarious antics.

 

Norman D. Livergood covered the subject of Completing the American Revolution, http://www.new-enlightenment.com/completing.htm (supra) wherein he states:  

[I]n reality there were two American Revolutions: (1) the revolt against British oppression by Americans, and (2) the revolt against wealthy American merchants and financiers by the common people of America. The first American Revolution was completed with the end of the Revolutionary War in 1781. The second American Revolution is seldom if ever taught in our schools, because it would make clear just what kind of a country this is: a plutocracy--the rule of the wealthy. And it's this second American Revolution which we must now complete.

 

That second American Revolution can only be accomplished by the passage of J.A.I.L. which will invigorate the dormant Constitution we have been given with the vital enforcement provision for the People which will at last create the American government we've never had before! By the People holding judges accountable to the terms of the  Constitution, as written, our government will finally be born after 230 years of unconstitutional plutocratic merchant and financial control-- 230 years of buildup of unauthorized international corporate behemoths that have overtaken our beloved country will be made low. The agencies of the despotic corporatist Foreign Power will be dissolved, once the People are able to exercise their sovereign power over their newly created government, even 230 years after the Founding of America! Better late, than never. 

 

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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 is

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