Thursday, December 1, 2011

Where did “We the People” go wrong?

Where did "We the People" go wrong?
"A country in which nobody is ever really responsible is
a country in which nobody[1] is ever truly safe."[2]
Thursday, December 01, 2011, 12:28:32 PM

     "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."[4]
     The Constitution for the United States of America Article VI. Second paragraph –

"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"[5]

I. This Constitution Secures us:
A Constitutionally secured lawfully un-abridge-able   First Amendment right:
"Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."[6]

II. the Laws secure us:
Title 18 § 242. Deprivation of rights under color of law "Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping (they stole everything and then kidnapped my son) or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill (they attempted to kill Mr. Thompson), shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
TITLE 42--THE PUBLIC HEALTH AND WELFARE CHAPTER 21--CIVIL RIGHTS SUBCHAPTER I—GENERALLY Sec. 1983. Civil action for deprivation of rights: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

III. All Treaties made – secures us:
"The International Covenant on Civil and Political Rights"[7] as adopted by the United Nations[8] on 12/16/66, and signed by the United States on October 5, 1977 secures for third world countries and the United States of America:
PART II, Article 2, Section 3.
Each State Party to the present Covenant undertakes:
(a)     To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b)     To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c)     To ensure that the competent authorities shall enforce such remedies when granted.

     Alexander Hamilton said it first and best in June of 1788 at the ratification of the Constitution for the United States of America, The Federalist No. 78, The Judiciary Department:
     "There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void… To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."
     Yet "We the People's public ministers, our Judiciary, have awarded themselves and others absolute immunity[9] from the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America"[10]
     How can a minister, a judge, a delegated authority, acting under a constitutional commission award themselves absolute immunity from said constitutional commission?
     In every stage of these Oppressions I have petitioned for redress[11] in the most humble terms: My repeated Petitions have been answered only by repeated injury. A President, A group of Judges or Judicial Process whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.[12]

     ANY assertion of personal ABSOLUTE IMMUNITY, without proof of divinity, is a fraud, by any standard of Justice in a government of free and equal persons on THIS PLANET!!!!! 
     ANY assertion of governmental ABSOLUTE IMMUNITY, acknowledging un-avoidable human fallibility, is a fraud, by any standard of Justice in a government of the people, by the people and for the people on THIS PLANET!!!!!
     The ministerial[13] grant of "Absolute Immunity,"[14] by and for ministers, is a massive, at the highest levels, ministerial, unconstitutional and "unlawful Conspiracy"[15] "before out of Court"[16] to obfuscate "false and malicious Persecutions."[17]
     "Immunity is given to crime, and the records of the public tribunals are searched in vain for any evidence of effective redress." "The courts are in many instances under the control of those who are wholly inimical to the impartial administration of law and equity."   I say it NOW, 2011!!! Justice William O. Douglas said it in 1961 and 1967. [18]  Mr. Lowe of Kansas and Mr. Rainey of South Carolina respectively said it originally in 1871[19]. 

Impeach the current Black Robed Royalist Supreme Court FIVE[20]
for condoning the denial of a Constitutionally secured and congressionally un-abridge-able right to justice and
"fraud upon the court."
Before they have a chance to screw-up Healthcare for
100 years!!!!!!
     Impeach the current Supreme Court FIVE for verifiable NOT "good Behaviour,[21]" denying the establishment of justice and abridging a Constitutionally secured and congressionally un-abridge-able right, with their deprivation of substantive 7th Amendment[22] justice between the government and the people, Connick, District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011 and "fraud upon the court" with Ashcroft v. al-Kidd No. 10–98  Decided May 31, 2011!!!
     The Right of Petition is the right to substantive justice between the government and the people and it has always been since John Marshal wrote the British common law into Supreme Court stare decisis.[23]  We do not have any individually enforceable rights in this country, "Everybody, BUT the innocent victim, has "ABSOLUTE IMMUNITY"[24]" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America"[25] e.g., "To Kill a Mocking Bird, The Denial of Due Process,"[26] "The Exclusionary Rule," "Grounds for Impeachment."
     Most of the 99% of Americans have not had the pleasure and are silently intimidated by the prospect of being dragged through our corrupt COURTS kicking and screaming!!!!!!  I have been kicking and screaming for nearly 8 years.  I have suffered through 411 days of illegal incarceration, 4 years of homelessness and two psychological examinations.  I ask you to review Jeep v Obama 8th Circuit Court of Appeals case #11-2425, Jeep v United States of America 10-1947," Jeep v Bennett 08-1823, "Jeep v Jones 07-2614, and the most humble Petition for a Wirt of Certiorari to the Supreme Court 07-11115."

DGJeep "The Earth and everything that's in it" (www.dgjeep.blogspot.com)
Thursday, December 01, 2011, 12:28:32 PM, 0000 Blank Issue Paper REV 00.doc

David G. Jeep
c/o The Bridge, 1610 Olive Street, Saint Louis, MO 63103-2316
(314) 514-5228


[1] "And if you think that is a national problem, consider that the United States is by far the World's greatest power; it is not accountable to its own people for its abuses of power, and that abuse of power flows freely into international circles. Given that reality, there is not a nation in the world that should not fear us in the same way that a reasonable person fears a child (or a thief) with a gun." 31 U. WEST L.A. L. REV. ( Summer 2000 ) JOHN E. WOLFGRAM e.g., George Bush's false representations of Weapons of Mass Destruction in Iraq -  Underlining and parenthetical text added for emphasis.
[2] "Damages" By Dahlia Lithwick, Slate, posted Monday, Aug. 8, 2011, at 7:22 PM ET underlining and foot note added
[3] Mr. Thompson in the New York Times in response to the Supreme Court's ruling in Connick, District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011
[4] Preamble to the Constitution for the United States of America, the requirement of ratification by nine states, set by Article Seven of the Constitution, was met when New Hampshire voted to ratify, on June 21, 1788.
[5] Article. VI. Constitution for the United States of America.
[6] King George III's denial of the colonist's petitions i.e., "In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people." (The Declaration of Independence: IN CONGRESS, July 4, 1776., The unanimous Declaration of the thirteen united States of America)  should be considered the precedent and the basis for the First amendments security: "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."  The Founders did not want to see themselves or their Posterity denied substantive justice AGAIN!!  
[7] "The Covenant is presented for both its binding force as "Supreme Law of the Land", and also for its persuasive force in reason, to help understand the nature of our own Petition Clause, that it is a law of reason freely chosen by our founders: If we now choose it freely as a basis for the organization of free nations, why should we presume that it was less compelling when our Founding Fathers brought the Thirteen Colonies together under one Constitution?" 31 U. WEST L.A. L. REV. ( Summer 2000 ) JOHN E. WOLFGRAM
[8] "And if you think that is a national problem, consider that the United States is by far the World's greatest power; it is not accountable to its own people for its abuses of power, and that abuse of power flows freely into international circles. Given that reality, there is not a nation in the world that should not fear us in the same way that a reasonable person fears a child with a gun." 31 U. WEST L.A. L. REV. ( Summer 2000 ) JOHN E. WOLFGRAM
[9] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[11] 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/).
[12] Adapted from The Declaration of Independence: IN CONGRESS, July 4, 1776, The unanimous Declaration of the thirteen united States of America
[13] Ministerially created rules are SECONDARY, in a Democratic Constitutional form of government, to the will of the people as specifically expressed in the Constitution and the Statute law.  For anyone to ministerially grant immunity from the Constitution and Statute law is to act in direct conflict with the tenor of the commission under which the MINISTERIAL authority was granted.
[14] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[15] Lord Coke Floyd and Barker (1607) "Judge or Justice of Peace: and the Law will not admit any proof against this vehement and violent presumption of Law, that a Justice sworn to do Justice will do injustice; but if he hath conspired before out of Court, this is extrajudicial; but due examination of Causes out of Court, and inquiring by Testimonies, Et similia, is not any Conspiracy, for this he ought to do; but subornation of Witnesses, and false and malicious Persecutions, out of Court, to such whom he knowes will be Indictors, to find any guilty, &c. amounts to an unlawful Conspiracy."
[19] Cong.Globe, 42d Cong., 1st Sess., 374 & 394
[21] Article III Section 1 the Constitution for the United States of America "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour" Yes it is spelled wrong in the Constitution
[22] Amendment VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
[23] "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. 137 (1803), Page 5 U. S. 163
[24] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[26] Mr. Hoar of Massachusetts stated: "Now, it is an effectual denial by a State of the equal protection of the laws when any class of officers charged under the laws with their administration permanently, and as a rule, refuse to extend that protection. If every sheriff in South Carolina (or now the State of Missouri) refuses to serve a writ for a colored man, and those sheriffs are kept in office year after year by the people of South Carolina (or now the State of Missouri), and no verdict against them for their failure of duty can be obtained before a South Carolina (or now the State of Missouri) jury, the State of South Carolina (or now the State of Missouri), through the class of officers who are its representatives to afford the equal protection of the laws to that class of citizens, has denied that protection. If the jurors of South Carolina (or now the State of Missouri) constantly and as a rule refuse to do justice between man and man where the rights of a particular class of its citizens are concerned, and that State affords by its legislation no remedy, that is as much a denial to that class of citizens of the equal protection of the laws as if the State itself put on its statute book a statute enacting that no verdict should be rendered in the courts of that State in favor of this class of citizens. " Cong.Globe, 42d Cong., 1st Sess. p. 334.( Monroe v. Pape, 365 U.S. 167 (1961), Page 365 U. S. 177) Senator Pratt of Indiana spoke of the discrimination against Union sympathizers and Negroes in the actual enforcement of the laws: "Plausibly and sophistically, it is said the laws of North Carolina (or now the State of Missouri) do not discriminate against them; that the provisions in favor of rights and liberties are general; that the courts are open to all; that juries, grand and petit, are commanded to hear and redress without distinction as to color, race, or political sentiment." "But it is a fact, asserted in the report, that of the hundreds of outrages committed upon loyal people through the agency of this Ku Klux organization, not one has been punished. This defect in the administration of the laws does not extend to other cases. Vigorously enough are the laws enforced against Union people. They only fail in efficiency when a man of known Union sentiments, white or black, invokes their aid. Then Justice closes the door of her temples."  Cong.Globe, 42d Cong., 1st Sess. p. 505. (Monroe v. Pape, 365 U.S. 167 (1961), Page 365 U. S. 178) non italic parenthetical text added fro clarity.


--
Thanks in advance

To Kill a Mocking Bird, The Denial of Due Process
"agere sequitor esse"
"Time is of the essence"
David G. Jeep
http://dgjeep.blogspot.com/
E-mail is preferred Dave@DGJeep.com, DGJeep@DGJeep.com
(314) 514-5228
David G. Jeep
c/o The Bridge
1610 Olive Street,
Saint Louis, MO 63103-2316

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