Tuesday, December 21, 2010

Democracy – Federalism And The Divine right of Kings

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Democracy – Federalism
And
The Divine right of Kings

Democracy - Federalism And The Divine right of Kings is the controlling issue in America today.  "America is the only country that went from barbarism to decadence without civilization in between." Oscar Wilde
Oscar Wilde is not often known for his commentary on Government, but in this case he hits the nail on the head.  We Americans have always been cursed with the decadence of the myth of American Exceptionalism.  We have with our decadence and conceit unrestrained always assumed American’s knew better than the rest of the world. 
We do not have the essence of civilization the protection of the laws:
The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection. In Great Britain, the King himself is sued in the respectful form of a petition, and he never fails to comply with the judgment of his court.”  Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
We live under the divine right of the Judiciary, with their self-asserted and self-sustaining grant of absolute immunity from the deprivations of our constitutionally guaranteed  “rights, privileges, or immunities secured by the Constitution and laws.”[1]
This started with the assertion of American Exceptionalism American Exceptionalism refers to the opinion that the United States is qualitatively different, better, than other nations. In this view, America's exceptionalism stems from its emergence from a revolution, becoming "the first new nation",[2] and developing a uniquely American ideology, based on liberty, egalitarianism, individualism, populism and laissez-faire. This observation can be traced to Alexis de Tocqueville, the first writer to describe the United States as "exceptional."[3] The term "American exceptionalism" itself was first used by members of the American Communist Party in the 1920s, in reference to their belief that "thanks to its natural resources, industrial capacity, and absence of rigid class distinctions, America might for a long while avoid the crisis that must eventually befall every capitalist society."[4]
The American Communist Party was right, we have never had to live up to our press clippings, God’s own shining “City upon the Hill”[5].  It was never the City it was the Hill, “thanks to its natural resources, industrial capacity, and absence of rigid class distinctions, America has for a long too avoided the crisis.”  Our crisis is not Free-Enterprise v Communism though. Our crisis is a fomenting moral crisis. 
In spite of the unfortunate reference to “three fifths of all other Persons in our constitution, our forefathers in the majority were advocates of democratic principles, they intended the Constitution to be strict uncompromising egalitarianism, individualism, populism and laissez-faire policies.  However, given the assertion of democracy, there was a contingent among them, the Federalist that were afraid to relinquish absolute power, The Divine right of Kings.  The Federalist had contempt for the masses.  The Federalists, in the person of Alexander Hamilton, were largely contented with control of the money supply[6] via the Federal Bank.  But they did extract their progeny.  The progeny of the Federalist’s contempt as it was written and as it has evolved are The Electoral College, States Sovereignty, The Supreme Court and the original election[7] of Senators.  These factions sought to institutionalize this distain for “We the People.”  The Federalist thought “We the People” could not be trusted with REAL power.  There had to be a buffer between the masses and REAL power. 
Now the election of Senators was changed with the 17th Amendment.  But and this is a very BIG BUT, we are still subject to their contempt today with the Electoral College, State Sovereignty, and Supreme Court.  And as a result to this day we still have the Electoral College.   The Electoral College most recently gave us 8 years of George W. Bush.  State Sovereignty gave us the Civil War, Jim Crow Law and currently Jane Crow Law.  The Supreme Court has given us 100 years of Separate and Unequal, under Plessy v. Ferguson, 163 U.S. 537 (1896) and Liberty of Contract, the depression, under Lochner vs. New York, 198 U.S. 45 (1905) and currently the Divine Right of Kings, absolute power via absolute immunity (Briscoe v. LaHue, 460 U.S. 325 (1983)absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process”). 
The stupidity of the Electoral College can only be viewed in hindsight.  Where would we be WITHOUT George W. Bush?  No Afghanistan War? No Iraq War?  No Bush era tax cuts?  I mean the Bush era tax cuts did so much to avert the Bush era mortgage defaults, the Bush era automotive bankruptcies and the Bush era recession, RIGHT????????? 
When the concept of States Rights was first conceived it could be more easily likened to the United Nations than to the results it has empowered.  Fans of the United States of America, in 1776, thought the unification of States (Nations) was a good thing.  The Europeans had been warring amongst themselves for centuries.  The Idea of unifying themselves under one flag was appealing if untenable in Europe circa 1776.  States Rights in the young United States of America went astray and allowed Slavery to blossom and institutionalize itself within a minority faction of country while the rest of the country and the world was abolishing Slavery[8].  The result was the Civil War. 
The Supreme Court via there self-fulfilling cycle of discrimination estsablished their negligent, malicious and corrupt assertion of Absolute Immunity.  The Supreme Court via there usurped Divine Right of Kings, absolute power via absolute immunity to make law has created Separate and unequal under Plessy, Integrated and unequal under Brown, Liberty of Contract under Lochner and the “Crime Control Model[9]” instead  “Due Process of Law Model[10]” under Briscoe v. LaHue, 460 U.S. 325 (1983)absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process in our Current Justice System. 

The current Issue of Democracy – Federalism

And

The Divine right of Kings


We do not have the Protection of the Laws as asserted by “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.”[11]  We live under the Divine Right of the Judiciary to make law and their unconstitutional assertion of absolute immunity originally for themselves[12] and then with “absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process [13] and under their authority.
It is legal to own a Gun.  When a person uses a gun to defend himself it is legal.  When a person uses a gun without cause to “deprive any person of life, liberty, or propertythat is criminal.
It is legal to be a Judge.  When a person acting as a judge under color of law within the jurisdiction of the State makes a ruling in open court to “deprive any person of life, liberty, or property” after affording them due process of law and equal protection of the laws” that is legal.  When a person in a judge’s robes sitting behind a judge’s bench under color of law within the State’s jurisdiction makes a ruling to “deprive any person of life, liberty, or propertywithout due process of law or denies the equal protection of the laws that is criminal[14].
One criminal uses a gun to illegally “deprive any person of life, liberty, or property,” the second criminal uses his office and the State’s authority to illegally “deprive any person of life, liberty, or property.  BOTH are criminals, both have stolen from their victims!!!!!!!! BOTH victims are entitled to the protection of Constitution… the supreme Law of the Land[15] and the right of the people… to petition the Government for a redress of grievances.[16]
“We the People” are entitled to The Protection of the Laws.  It is self-evident to any sane person:
 “The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection. In Great Britain, the King himself is sued in the respectful form of a petition, and he never fails to comply with the judgment of his court.”  Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
BUT, and this is a very big BUT, Brad Heath and Kevin McCoy of USA TODAY / USATODAY.com have found that is rarely if ever the case in their research for Federal prosecutors series
“USA TODAY found a pattern of "serious, glaring misconduct," said Pace University law professor Bennett Gershman, an expert on misconduct by prosecutors. "It's systemic now, and … the system is not able to control this type of behavior. There is no accountability."[17]
He and Alexander Bunin, the chief federal public defender in Albany, N.Y., called the newspaper's findings "the tip of the iceberg" because many more cases are tainted by misconduct than are found.
Brad Heath and Kevin McCoy of USA TODAY / USATODAY.com assert out that Prosecutors' conduct can tip the scales.  I would assert that Judges do too.  In fact I would go further and assert that “all persons -- governmental or otherwise -- who were integral parts of the judicial process[18] do too.  I would assert that by their very nature “all persons” are subject to human fallibility.  Human fallibility by definition generates the certainty of negligence, malice and corruption unavoidably in some cases. 
Yet, “Federal prosecutors who violate laws or cut corners to win convictions face almost no risk of losing their ability to practice law, USA TODAY has found.
Congress in 1998 gave the state regulators who oversee all of the nation's lawyers the authority to discipline U.S. Justice Department prosecutors when they violate laws or state ethics rules. Those regulators have the power to suspend and disbar lawyers.
To find out how often that happens, USA TODAY reviewed bar records and state court filings nationwide, and also searched for hundreds of prosecutors' names in a national databank of disciplinary actions maintained by the American Bar Association. It found only six prosecutors who were disciplined since 1997.”
The self-regulators maintain the conspiracy of depraved deliberate indifference to rights via their assertion:
One reason disciplinary actions are rare is regulators may find that the violations were not deliberate. "Many violations found by the courts are not malicious evil wrongdoing," says Bill Weigel, president of the National Organization of Bar Counsel, an association of state disciplinary officials. "People can lose their judgment in the heat of battle.[19]"” 
I would dispute the actions were “not deliberate” and “not malicious evil wrongdoing”.  But assuming that they were for a moment… the actions were at a bare minimum criminal negligence.  Negligence, emotionalism, malice and corruption, all unavoidable in any broad based human interaction, but they cannot be tolerated openly or we as a society are destine to FAIL. 
“We the People” are paying our public servants to function per our “rights, privileges, or immunities secured by the Constitution and laws.[20]  Whoever subjects us to the deprivation of any “rights, privileges, or immunities secured by the Constitution and laws[21] IS CRIMINALLY and CIVILLY LIABLE under the Criminal Code “Title 18 § 242. Deprivation of rights under color of law and Title 42 § 1983 A Civil Action for Deprivation of rights under color of law. 
If we are to have our rights there has to be “strict liability.”  Ignorance or the lack of a guilty mind is no excuse.  Just like any other the careless person; no one can be allowed to operate a horse, a motor vehicle, or MORE importantly a judicial system recklessly without regard.  Ignorantia juris non excusat (Latin for "ignorance of the law does not excuse") or a lack mens rea (Latin for "guilty mind") is just and excuse for the conspiracy of depraved deliberate indifference to rights.  .  Again IT IS SELF-EVIDENT:
The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection. In Great Britain, the King himself is sued in the respectful form of a petition, and he never fails to comply with the judgment of his court.”  Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803)
This is all confirmed by By Brad Heath and Kevin McCoy, USA TODAY Prosecutors' conduct can tip justice scales Updated 9/23/2010 1:31 PM.  I quote:
Justice officials told USA TODAY that a federal law known as the Privacy Act, enacted in 1974, bars them from releasing any details, even when the problems have been widely publicized. Instead, it produces anonymous annual reports without any identifying details, even genders, of the prosecutors involved.
"Office of Professional Responsibility (OPR) is a black hole. Stuff goes in, nothing comes out," said Jim Lavine, the president of the National Association of Criminal Defense Lawyers. "The public, the defense attorneys and the judiciary have lost respect for the government's ability to police themselves."”
This is “a black hole” and the "the tip of the iceberg" COMBINED “because many more cases are tainted by misconduct than are found.”  I have the evidence that it goes further, Jeep v. United States of America[22].  I have been fighting this for SEVEN years.  I have endured over seven years of denial, 411 days of illegal incarceration[23], two psychological examinations, and three years of abject poverty, homelessness and life on the street in my struggle, Jeep v. United States of America.  I would knowingly assert that the lack of accountability has established an ongoing conspiracy of depraved deliberate indifference to rights.  This conspiracy against rights[24] includes Judges, defense attorneys and any “persons -- governmental or otherwise -- who were integral parts of the judicial process[25] that have been able to operate with “absolute immunity” [26] for YEARS!!!!!!!!!! 
If there is anything further I can do for you in this regard, please let me know.
“Time is of the essence”
Thank you in advance.

Tuesday, December 21, 2010
David G. Jeep
c/o The Bridge
1610 Olive Street, Saint Louis, MO 63103-2316
E-Mail Dave@DGJeep.com (preferred)
-->Voice mail (314) 514-5228 

David G. Jeep

enclosure

cc:  file


[2] Lipset, Seymour Martin, American Exceptionalism, pp. 17-19 (1996)
[3] de Tocqueville, Alexis. Democracy in America (New York: Langley, 1840), part 2, page 36: "The position of the Americans is therefore quite exceptional, and it may be believed that no other democratic people will ever be placed in a similar one."
[4] Dworkin, Ronald W. (1996). The Rise of the Imperial Self. Rowman & Littlefield Publishers. ISBN 0-8476-8219-6.
[6] Give me control of a nations money supply, and I care not who makes it’s laws. Mayer Amschel Rothschild (23 February 1744 – 19 September 1812) was the founder of the Rothschild family international banking dynasty
[7] Article I, Section. 3.  The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature
[8] The Somersett's case in 1772 that emancipated slaves in England, helped launch the movement to abolish slavery.  Pennsylvania passed An Act for the Gradual Abolition of Slavery in 1780.  Britain banned the importation of African slaves in its colonies in 1807. Britain abolished slavery throughout the British Empire with the Slavery Abolition Act 1833, the French colonies abolished it 15 years later 1848.
[9] “The Limits of the Criminal Sanction” by Herbert L. Packer, Stanford University Press. ã 1968
[10] “The Limits of the Criminal Sanction” by Herbert L. Packer, Stanford University Press. ã 1968
[11] Article. VI. § 2 of the Constitution for the United States of America ratified June 21, 1788
[15] Article. VI. § 2 of the Constitution for the United States of America ratified June 21, 1788
[16] Amendment I “the right of the people… to petition the Government for a redress of grievances”
[17] Ya think???? “absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial processBriscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[19]States can discipline federal prosecutors, rarely do” USA Today Updated 12/8/2010 11:04 PM
[22] Petition for a Writ of Certiorari, Jeep v United States of America “Opposed to Immunity” currently on file in the Supreme Court clerk’s office, 8th District Court of appeals Appeal: 10-1947, U.S. Federal Court Eastern District of Missouri Case No. Case 4:10-CV-101-TCM -- State Court Case No.: 03FC-10670M, Missouri Court of Appeals Eastern District ED84021, U.S. District Court Eastern District of Missouri Jeep v. Jones et al, 4:07-cv-01116-CEJ, 8th Circuit U.S. Court of Appeals 07-2614, Writ of Certiorari to the Supreme Court 07-11115 & State Court Case # CR203-1336M, Missouri Court of Appeals Southern District SD26269, U.S. District Court Western District of Missouri 07-0506-CV-W-SOW Jeep v Bennett, et al, 8th Circuit U.S. Court of Appeals 08-1823 (http://dgjeep.blogspot.com/).
[25] Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335 absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process.”
[26] Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335 absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process.”