Tuesday, March 03, 2009

Undermining The South Dakota Initiative Process

Undermining The South Dakota Initiative Process

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

Los Angeles, CA                                                March 3, 2009

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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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South Dakota Seeks to Undermine The People's

Initiative Process as a Result of JAIL4Judges

It is no secret that JAIL4Judges provided a real scare to the establishment in South Dakota by placing judicial accountability on the ballot in 2006. The legislature there chose to violate their State's Constitution and their own criminal laws in order to thwart passage of the judicial accountability measure of their State's judges to the Constitution these judges have sworn to uphold and defend.

The South Dakota Constitution Art. VI, §26 states, "Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage." [i.e., the right to vote.]

South Dakota criminal statutes provide, "Any person knowingly printing, publishing, or delivering to any voter of this state a document containing any purported constitutional amendment, question, law, or measure to be submitted to the voters at any election, in which such constitutional amendment, question, law, or measure is misstated, erroneously printed, or by which false or misleading information is given to the voters, is guilty of a Class 2 misdemeanor."  Codified Law 12-13-16.

See www.SD-jail4judges.org which thoroughly documents this criminal ordeal of the Legislature in detail --a site they do not want you to see.

What the South Dakota Legislature is seeking to do is shorten the time in which the People may collect signatures, and impose a requirement that the People circulate the views [propaganda] of the State Attorney General with the measure. It is being advanced under the  guise of "improving" the ballot process, promoting "openness" and "honesty" about ballot issues, and barring out-of-state initiatives from coming into South Dakota, as if judicial accountability in South Dakota is foreign to South Dakota.

Everyone should be knowledgeable of what is going on regarding this news; however we are not permitted to quote the source of this information.  "…the AP News report may not be published, broadcast, rewritten or redistributed without the prior written authority of The Associated Press." The source's author, with whom I have previously spoken by telephone, vigorously opposes J.A.I.L. and wants nothing to do with it other than to do whatever is necessary to see that it is defeated.

Without rewriting the information, we can tell you that the Bill  is South Dakota HB 1184 which has passed both the Senate and the House, and is now awaiting the signature of Gov. Mike Rounds.

Those familiar with the 2006 warfare in South Dakota (see www.SD-jail4judges.org to refresh your memory) know that it was that very written "explanation" of State Attorney General Larry Long that defrauded the entire election of  the J.A.I.L. Amendment (Amendment E). Attorney General Long misled all voters in South Dakota by claiming that "judges," the sole subject of the Initiative, included juries, school boards, city councils, county commissions, etc. who could be thrown in jail for their decisions, the objective of which propaganda was to scare  jurors with imprisonment. Long also stated "The proposed amendment to the State Constitution would allow thirteen volunteers to expose these decision makers to fines and jail, and strip them of public insurance coverage and up to one-half of their retirement benefits, for making decisions which break rules defined by the volunteers." 

J.A.I.L. was forced to sue Larry Long in court for his ridiculous interpretation, but since this case was going in front of the judges of South Dakota against whom the Initiative was directed, the judges upheld a view that their own attorney, Attorney General Larry Long that defends them, could describe the Initiative however he wished, including "The attorney general could have said with a straight face that the real purpose and effect of the proposed JAIL amendment is to destroy justice in South Dakota…" quoting from the judgment of Judge Max A. Gors. From there, the matter went to the S.D. Supreme Court who affirmed Judge Gors decision.

We recommend you read the well-written words addressed to  Chief Justice David Gilbertson, South Dakota Supreme Court, at www.sd-jail4judges.org/Gilbertson.htm.  


J.A.I.L. presents the following question: If it is indeed true that the People are the final authority regarding their government as stated in Art. VI, §26 of the South Dakota Constitution, to wit:  "All political power is inherent in the people, and all free government is founded on their authority, and is instituted for their equal protection and benefit, and they have the right in lawful and constituted methods to alter or reform their forms of government in such manner as they may think proper" then I ask, where is the mind of the People regarding their authority in fundamentally altering the powers of the People of South Dakota?


Has not the Legislature reopened the question presented by JAIL4Judges in 2006 and drawn a fresh battle line on whether they, the People, have the unquestionable and inherit right to decide for themselves their future destiny, and not government?


J.A.I.L. states that the "government" of South Dakota has now crossed a line by which the People must now stand up for their  right to "alter or reform their forms of government in such manner as they may think proper." It is either that or collapse the "government" of South Dakota as a traitor to their supreme law, the Constitution and to the People!



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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                     ><)))'>



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