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OUR PROTECTORS
Now let's take a look at the branch of government which
was supposed to be the protector of the American citizen.
The Judicial branch! Many who read this would say that
statement is the biggest joke of this book thus far.
Really, the federal courts are required to make secure
the people's unalienable rights by helping to keep all
governments and officials within the limits of their powers
imposed by the people under the Constitution.
A look-see on the background and operation of the
federal courts is first. The only court established by the
Constitution is the Supreme Court. The authority to
establish courts below the Supreme Court was given to the
Congress. Under this constitutional authority, the Congress
has established Circuit Courts of Appeal, District Courts,
the Court of Claims, Customs Court, Court of Customs and
Patents Appeals, Tax Court and Territorial Courts.
The Supreme Court has "original jurisdiction" in
certain cases spelled out in the Constitution. By original
jurisdiction, it means a case begins in that court.
Usually, the Supreme Court has 'appellate' jurisdiction
which means that an appeal from a lower federal court would
be taken to the Supreme Court.
However, the Supreme Court is not required to review
all appeals brought before it.
An action [case or suit] of certain kinds, is started
in a lower court and usually would be the district court.
If the decision of that court is something that a person
does not agree with or feels the court made an incorrect
decision, that can be appealed to the Circuit Court of
Appeals. And again, if the person does not agree with the
Court of Appeals decision, this can be further appealed to
the Supreme Court.
This is the usual procedure of the federal court
system. A system is also available for certain cases
decided in state courts to be appealed directly to the
Supreme Court.
This is just a general outline of the operation of the
federal court system. It's not nearly as complicated and
mysterious as judges and lawyers would have you to believe.
They want it secretive to perpetuate their own fraternity
and keep themselves and their brothers in business.
The first requirement for the judicial division of the
central government was that the branch be completely free of
any influence of the other two branches of government. Two
special grants were made to judges. First, that their
salary should never be reduced. Secondly, that they should
hold their positions during good behavior.
The intention of these special grants were to insure
that federal judges would be independent and be able to make
impartial decisions, especially when deciding for a citizen
of the United States. Let me point out here, that all
judges take an oath to uphold the Constitution, well, nearly
to uphold anyway.
Here is that oath: "I____________________, do solemnly
swear (or affirm) that I will administer justice without
respect to persons, and do equal right to the poor and to
the rich, and that I will faithfully and impartially
discharge and perform all duties incumbent upon me as
________________ according to the best of my abilities,
agreeably to the Constitution and laws of the United States.
So help me God."
Pretty simple language, isn't it? Not easy to read in
any double meanings. Since no citizen must obey any law
which is made outside the authority of the Constitution that
oath makes it look as though no one has anything to fear
from the judiciary. However as we go along, it will appear
that the oath has a hollow ring to it.
The colonists had a great deal of trouble with judges
who were appointed under the authority of the king. They
were dependent on the King's will and good graces. If they
made any decision which the King disliked, they were ousted
from their positions.
As a consequence, the colonists suffered one injustice
heaped on another.
Notice some of the statements in the Declaration of
Independence: "He [the king] has obstructed the administra-
tion of justice . . . Has made judges dependent on his will
alone, for the tenure of their offices, and the amount and
payment of their salaries."
Angry statements are included to show that people who
were accused of crimes were sent to England for trial and
the right to trial by jury was suspended.
The framers of the Constitution sought to protect
future citizens of this country from suffering the same
problems. Those are the reasons for a judges salary which
can't be reduced and the holding of their offices during
good behavior.
And since federal judges are nominated by the president
with the consent of the senate, the removal by impeachment
still applies. Impeachment for federal judges works the
same as it would for a president or other major government
dude.
The Constitution requires the House of Representatives
to investigate the charges and the Senate to conduct the
impeachment proceedings. This is an area which we will see
needs vigorous research and action by American citizens.
The first thing which should be pointed out is there is
no authority in the Constitution, actual or implied, that
any decision on a case by federal judge at ANY level should
carry any weight on other or future cases which come before
the courts.
This is not the case today. Law libraries are loaded
to the rafters with books showing decisions in previous
cases which lawyers research and use as arguments to sustain
their positions in the case on which they're working. This
is nonsense for there is no permission from our charter for
government for such arguments.
Each case should be decided on it's own merits and
"agreeably to the Constitution and the laws of the United
States." By laws of the United States is meant a bill
passed by the Congress which, as required, conforms with the
basic document.
These books which clog a law library are not "laws of
the United States." They are what legal eagles like to call
'case law' and have no authority in the Constitution to be a
substitute for the laws of the United States. This case law
is a record of the case which was decided, if a record is
really necessary, and cannot become public policy.
Chief Supreme Court Justice John Marshall brought this
matter to the attention of the legal profession in 1821 when
Marshall included this opinion on decisions becoming 'law':
"It is a maxim not to be disregarded, that general expres-
sions, in every opinion, are to be taken in connection with
the case in which those expressions are used. If they go
beyond the case, they may be respected, but ought not to
control the judgment in a subsequent suit when the very
point is presented."
Even the Chief Justice agreed that it should involve
only the case at hand! So where does the legal profession
and the judicial branch find the right to say 'case law' is
the law in any opinion?
This matter of becoming "public policy" is a dangerous
violation of our Constitution. By allowing this to occur,
we are allowing federal judges to amend the Constitution in
direct violation of Article V which specifies the method of
amendment under our control.
No where is there any power for a judge to decide that
a particular school has to desegregate and by that single
decision, make all schools follow the same policy.
This is what is meant by becoming public policy. There
is no room in our form of government for 5 people (a
majority of 9 in the court) who are not elected and do not
represent anyone to make any decisions which affect us all.
NONE!
They have no right to decide any social policies or to
change our basic law by edict. They have no right to issue
any orders which, because of a mystique created by the
knights of the black robe, can become law!
The lawmaking ability is restricted to Congress and
cannot be spread throughout the government. By all the
examples thus far, all these 'lawmaking' decisions, orders,
regulations and so forth, are way out in left field. We are
being overrun by power hungry men and women and it is time
for all of us to assert our rights and demand that the basic
document be obeyed.
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