Saturday, April 7, 2012

Where is the Moral Difference, given a corrupt judge and a thief with a gun?


Where is the Moral Difference,
given a corrupt judge and a thief with a gun?
"A country in which nobody is ever really responsible is
a country in which nobody[1] is ever truly safe."[2]
Monday, April 09, 2012, 10:28:23 AM, originally published 08-15-11

      You tell me where is the moral difference, given a corrupt Judge and a thief with gun?  One use a gun to get what he wants the other corrupts the authority of the state to get what he wants.  To the victim is there any difference in the outcome?  The victim is illegally deprived of something of value either way.  The means and methods may be a little different but the lingering effect of the public humiliation of a Judge's well-regarded, although ill-deserved, actions can do every bit if not more damage emotionally than a thief with the short-lived threat of violence.  Do either the corrupt judge or the thief with a gun have any moral authority? 
NO!!!!!!!!!!!
      The Judiciary asserts that credibility is associative, that the corrupt Judge must be immune from prosecution because of his association.  That has proved to be a false premise as regards the Kings, the nobility were corrupt also.  We the People thought we disposed of those with our Declaration of Independence in 1776 and with the ratification our Constitution as the Supreme Law of the Land in 1788.  
      Yet one, the thief with gun, can be thrown in Jail for life, in some cases executed, and the other, a corrupt Judge, cannot even be prosecuted!!!!  I use the example of a Judge as a starter, but the official acting under color of law could be a judge,[4] a prosecutor,[5] a police person[6] or any or "all persons that were integral in the Judicial Process."[7]
      Now why can't the person acting under color of law be prosecuted?  We the People have written a constitution that incorporates We the People into a government of the people, by the people and for the people to secure We the People the 5th and 14th Amendment's protection of Due Process of Laws, statute law as regards the criminal and civil liability for the and the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America"[8] and the 1st Amendment's lawfully un-abridge-able right to petition our government for a redress of grievances as the Supreme Law of the Land.  We the People have statute law that assures us it is a crime punishable by prison, fines and civil liability for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America."[9]
      Why?  Because the Supreme Court and the present and prior Presidents of the United States ministerially[10] created, granted and sustain "absolute immunity" for the crimes and the civil liability for the deprivation of rights fself serving for themselves and others.  "Absolute immunity" is a massive, at the highest levels, ministerial unconstitutional "unlawful Conspiracy"[11] "before out of Court"[12] to obfuscate theirs and others "false and malicious Persecutions" [13] under color of law.
      I quote from the current ministerally created Supreme Court Precedent that is and has been sustained by President Obama and past Presidents as executives in charge of the prosecution of crimes:
      "This immunity applies even when the judge is accused of acting maliciously and corruptly" Bradley v. Fisher, supra, 80 U. S. 335, 80 U. S. 349, note, at 80 U. S. 350, Pierson v. Ray, 386 U. S. 57 (1967). "To be sure, this immunity does leave the genuinely wronged defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of libertyImbler v. Pachtman, 424 U. S. 428 (1976). "There is, of course, the possibility that, despite the truthfinding safeguards of the judicial process, some defendants might indeed be unjustly convicted on the basis of knowingly false testimony by police officers" Briscoe v. LaHue, 460 U.S. 345 (1983).
The Supreme Court first addressed immunity nearly 100 years after the ratification (1788) of the constitution with Randall v. Brigham, Page 74 U. S. 536 (1868) and Bradley v. Fisher, (13 Wall) 80 U. S. 335 (1871).  That immunity was never an issue before addressed, post Civil War, only adds to the suspect timing of these two rulings, 1868 and 1871.  They were both in obvious if not deliberate conspiratorial response to the § 2 of the 1866 Civil Rights Act (now Title Criminal 18, U.S.C, § 241 & 242) and § 1 of the 1871 Civil Rights Act (now Title Civil 42 U.S.C. § 1983 & 1985) respectively.  During the debates on § 2 of the 1866 Civil Rights Act judicial criminal liability was discussed.  President Johnson vetoed the bill specifically noting that it would make Judges liable to it.[14]  The Congress in April of 1866 over ruled his veto almost immediately, thus confirming the validity of the law and the congressional intent to make Judges liable to it.
      Both Randall v. Brigham, Page 74 U. S. 536 (1868) and Bradley v. Fisher, (13 Wall) 80 U. S. 335 (1871) find their basis in the common law and ignore the We the People's legislature's STATUTE LAW intent with § 2 of the 1866 Civil Rights Act[15] and § 1 of the 1871 Civil Rights Act[16] to make the Judiciary liable. 
      Now in common law times the law was not written down: it was not "reckonable"[17].  The law was whatever the King, his chief justice, his officials, or any of his servants said it was.  And admittedly in common law times you could not hold the King, his chief justice, his officials, or any of his servants criminally or civilly liable.  There were two reasons, the first was that per the divine right of the king, the King nor his chief justice, his officials, or any of his servants could do anything wrong.  They were all acting in the name of the King and to wit "The King can do no wrong."[18]  And secondly by the very intrinsic nature of an UNWRITTEN law, the giver of the law, whoever that be, as the source of the ill-defined law could not offend themselves.
      But this all changed, with the written, published and ratified Constitution for the United States of America.  With the Constitution for the United States of America We the People incorporated ourselves into a government of the people, by the people and for the people to SECURE each other's "reckonable"[19] inalienable rights.   The Constitution for the United States of America Article. VI. Second paragraph:
      "This Constitution,[20] and the Laws[21] of the United States which shall be made in Pursuance thereof; and all Treaties[22] 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"[23]

At least that is what We the People thought[24] we did.  With a written constitution We the People sought to establish the essential and fundamental requirement missing from the Common Law "reckonabilty."[25]  Predictability, or as Justice Antonin Scalia asserts, "reckonabilty" is a needful characteristic of any law worthy of the name."[26]  Immunity of any kind is repugnant to the rule of law and the "reckonabilty" of the law by definition!!!!!!!!!!!!!!!!
How can the Supreme Court, a delegated authority, acting under a constitutional commission award themselves and others "absolute immunity"[27] from said constitutional commission to "do not only what their powers do not authorize, but what they forbid"[28] i.e., the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America?"[29] by DENYING the constitutional assurance of governmental accountability with 1st and 7th Amendment Justice, law and equity?[30]
      We the People have fallen under the despotic[31] spell of the concentrated power[32] in the Supreme Court that created ABSOLUTE POWER from ABSOLUTE IMMUNITY for the "malicious or corrupt" judges,[33] the "malicious or dishonest" prosecutor, [34] the "knowingly false testimony by police officers"[35] and "all (malicious, corrupt, dishonest and incompetent[36]) persons -- governmental or otherwise -- who were integral parts of the judicial process" [37] acting under color of law to wit, ABSOLUTE CORRUPTION.

See Petition for a Writ of Certiorari 11-8211 Jeep v. Obama

      I sometimes feel like the waif in "The Emperor's New Cloths."  AM I THE ONLY ONE THAT CAN SEE IT??
      ANY assertion of personal ABSOLUTE IMMUNITY, without proof of divinity, is a fraud, by any standard of Justice, law and equity,[38] 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, law and equity, in a government of the people, by the people and for the people on THIS PLANET!!!!!
      The ministerial[39] grant of "Absolute Immunity,"[40] by and for ministers, is a massive, at the highest levels, ministerial, unconstitutional and "unlawful Conspiracy"[41] "before out of Court"[42] to obfuscate "false and malicious Persecutions."[43]
      "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. [44]  Mr. Lowe of Kansas and Mr. Rainey of South Carolina respectively said it originally in 1871[45]

Impeach the current Black Robed Royalist Supreme Court FIVE[46]
for condoning the denial of a Constitutionally secured and congressionally un-abridge-able right to justice[47] 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,[48]" denying the establishment of justice and abridging a Constitutionally secured and congressionally un-abridge-able right to a redress of grievances,[49] with their deprivation of substantive 7th Amendment[50] 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.  We do not have any individually enforceable rights in this country, "Everybody, BUT the innocent victim, has "ABSOLUTE IMMUNITY"[51]" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America"[52] e.g., "To Kill a Mocking Bird, The Denial of Due Process,"[53] "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."
      I have referenced "To Kill a Mocking Bird, The Denial of Due Process," in several of my papers, I do so only because the facts of the case in "To Kill a Mocking Bird" are generally known.  The abuses are happening EVERYDAY in REAL LIFE Mr. Thompson (No. 09–571),[54] Mr. Smith (No. 10-8145), [55] Mr. al-Kidd (No. 10–98)[56] and myself (USCA8 No. 11-2425).[57]   The fact that "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners"[58] PROVES "We the People" have NO ENFORCEABLE RIGHTS IN America today!!!!!!!!!!!!


DGJeep "The Earth and everything that's in it" (www.dgjeep.blogspot.com)
Monday, April 09, 2012, 10:28:23 AM, 2012 04-07-12 Where is the Moral Difference,given a corrupt judge and a thief with a gun REV 00

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 -- underlining and parenthetical text 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] "Immunity" Randall v. Brigham, Page 74 U. S. 536 (1868), Bradley v. Fisher, (13 Wall) 80 U. S. 335 (1871) @ Page 80 U. S. 349) (origin Judicial "Absolute Immunity), Pierson v. Ray, 386 U. S. 57 (1967) ( Judicial Immunity as it specifically relates to Civil Rights Statute Title Criminal 18, U.S.C, § 241 & 242, and Title Civil 42 U.S.C. § 1983 & 1985), Stump v. Sparkman, 435 U.S. 349 (1978) (Judicial "Absolute Immunity" for the nonconsensual sterilization of a health minor child ), Mireles v. Waco, 502 U.S. 9, 11-12 (1991) (Judicial "Absolute Immunity" for having sent the US Marshall's out to physically drag an attorney into court.)
[5] "Immunity" Imbler v. Pachtman, 424 U. S. 409 (1976) (prosecutorial "Absolute Immunity")
[6] "Immunity" Briscoe v. LaHue, 460 U.S. 325 (1983) ("Absolute Immunity" Police for perjured testimony)
[7] [7] "Immunity" Briscoe v. LaHue, 460 U.S. 325 (1983) ("Absolute Immunity" for all persons that were integral in the Judicial Process")
[8] Title Criminal 18, U.S.C, § 241 & 242, and Title Civil 42 U.S.C. § 1983 & 1985  The absence of exigent circumstances should be noted
[10] 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 tenor of the commissioner under which the MINISTERIAL authority was granted.
[11] 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."
[14] Congress passed the § 2 of the 1866 Civil rights Act (Title Civil 42 U.S.C. § 1983 & 1985) over the Veto of President Andrew Johnson, March 27, 1866.  An excerpt from his remarks attached to his veto "This provision of the bill seems to be unnecessary.. without invading the immunities of… the judiciary, always essential to the preservation of individual rights; and without impairing the efficiency of ministerial officers, always necessary for the maintenance of public peace and order." "It is, therefore, assumed that… the State courts who should render judgments in antagonism with its terms, and that marshals and sheriffs who should as ministerial officers execute processes sanctioned by State laws and issued by State judges in execution of their judgments, could be brought before other tribunals and there subjected to fine and imprisonment, for the performance of the duties which such State laws might impose."
[15] Now codified into the U.S.C. as Title Criminal 18, U.S.C, § 241 & 242
[16] Now codified into the U.S.C. as Title Civil 42 U.S.C. § 1983 & 1985
[17] "Predictability, or as Llewellynn puts it, "reckonabilty" is a needful characteristic of any law worthy of the name." Antonin Scalia, "The Rule of Law as the Law of Rule" The University of Chicago Law Review, Vlu. 56, No. 4, Fall 1989.
[18] William O. Douglas dissent in Pierson v. Ray, 386 U. S. 565 (1967) "Historically, judicial immunity was a corollary to that theory. Since the King could do no wrong, the judges, his delegates for dispensing justice, "ought not to be drawn into question for any supposed corruption [for this tends] to the slander of the justice of the King." Floyd & Barker, 12 Co.Rep. 23, 25, 77 Eng.Rep. 1305, 1307 (Star Chamber 1607). Because the judges were the personal delegates of the King, they should be answerable to him alone. Randall v. Brigham, 7 Wall. 523, 74 U. S. 539."
[19] Ibid.
[20] The 1st Amendment secures the constitutional right to a lawfully un-abridge-able justifiable redress of grievance from the government: "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."  The 7th Amendment secures the right to settle all suits: "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" assures justice as regards equity.
[22] "The Treaty "The International Covenant on Civil and Political Rights" 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
[23] Emphasis and underlining added for reference clarity
[24] Ibid.
[25] Ibid.
[26] Ibid.
[27] "the common law provided absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process."   Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335 (parenthetical non italic text added for clarity)
[28] Alexander Hamilton June of 1788 at the ratification of the Constitution for the United States of America, The Federalist Papers No. 78, "The Judiciary Department"
[29] Title Criminal 18, U.S.C, § 241 & 242, and Title Civil 42 U.S.C. § 1983 & 1985  The absence of exigent circumstances should be noted
[30] Justice without regard to equity impoverishes the victim at the expense of the evil they have suffered.  I have been forced into poverty, homelessness for FOUR YEARS!  The 1st Amendment secures the constitutional right to a lawfully un-abridge-able justifiable redress of grievance from the government: "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."  The 7th Amendment secures the right to settle all suits: "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" assures justice as regards equity.
[31] Montesquieu in his "De l'Espirit des Lois" (1748) (The Spirit of the Law) defines three main kinds of political systems: republican, monarchical, and despotic.  Driving each classification of political system, according to Montesquieu, must be what he calls a "principle". This principle acts as a spring or motor to motivate behavior on the part of the citizens in ways that will tend to support that regime and make it function smoothly. For democratic republics (and to a somewhat lesser extent for aristocratic republics), this spring is the love of virtue -- the willingness to put the interests of the community ahead of private interests. For monarchies, the spring is the love of honor -- the desire to attain greater rank and privilege. Finally, for despotisms, the spring is the fear of the ruler.    We the People have currently despotic system in that we have NO enforceable rights in America TODAY!!!!!!!!!!
[32] "All power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority: still more when you superadd the tendency or certainty of corruption by full authority.  There is no worse heresy than that the office sanctifies the holder of it." Lord Acton, John Emerich Edward (1949), Essays on Freedom and Power, Boston: Beacon Press, p. 364
[33] Bradley v. Fisher, supra, 80 U. S. 335, 80 U. S. 349, note, at 80 U. S. 350, Pierson v. Ray, 386 U. S. 57 (1967) Judicial ABSOLUTE IMMUNITY is based on a skewed reading, overlooking the noted exception that absolute ANYTHING creates, of Lord Coke, Floyd and Barker (1607) ruling from an acknowledged CORRUPT court, the Star Chamber.
[34] Imbler v. Pachtman, 424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[36] Incompetence is the most insidious and it is covered up by the gratuitous grant of malice, corruption and dishonesty!!!!
[37] Briscoe v. LaHue, 460 U.S. 345 (1983) ABSOLUTE IMMUNITY for "all persons -- governmental or otherwise -- who were integral parts of the judicial process"
[38] Justice without regard to equity impoverishes the victim at the expense of the evil they have suffered.  I have been forced into homelessness for FOUR YEARS!  The 1st Amendment secures the constitutional right to a lawfully un-abridge-able redress of grievance from the government: "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."  The 7th Amendment's secures the right to settle all disputes/suits: "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" assures justice as regards equity.
[39] 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.
[40] "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
[41] 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."
[45] Cong.Globe, 42d Cong., 1st Sess., 374 & 394
[47] The redress of a justifiable grievance REQUIRES a remedy in BOTH law and equity
[48] 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
[49] 1st Amendment, "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."
[50] 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.
[51] "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
[53] 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.
[57] See also USCA8 07-2614,08-1823,10-1947,11-2425 and Writs of Certiorari to the Supreme Court 07-11115&11-8211
[58] "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners" and you have the moronic audacity to ask why???? "Why We Must Fix Our Prisons", By Senator Jim Webb, Parade Magazine published: 03/29/2009, U.S. Imprisons One in 100 Adults, Report Finds New York Times, By ADAM LIPTAK, Published: February 29, 2008, Our Real Prison Problem. Why are we so worried about Gitmo? Newsweek by Dahlia Lithwick Published June 5, 2009




--
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

Monday, April 2, 2012

“If the government can do this, what, what else can it not do?” “We the People surrender nothing."


“If the government can do this, what, what else can it not do?”
I sometimes feel like the waif in “The Emperor’s New Cloths”
AM I THE ONLY ONE THAT CAN SEE IT??
 “A country in which nobody is ever really responsible is
a country in which nobody[1] is ever truly safe.”[2]
Tuesday, April 03, 2012, 7:16:14 AM

      ““If the government can do this, what, what else can it not do?” asked Supreme Court Justice Antonin Scalia this week in arguments on the constitutionality of the requirement that nearly all Americans buy health care insurance or face a penalty.”[4] 
      
      To that question I say quite frankly say there is nothing that the majority cannot do that is not strictly prohibited by the Constitution of the United States.  Yes there are enumerated powers and per the X Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  The People have spoken here, albeit through their representatives in congress and the presidency.  We the People want the Patient Protection and Affordable Care Act (PPACA)I do not care what FOX news and the conservative press says!!!!  There is no such thing as a sovereign, separated from the will of the people, in our system of government. 
      “We the People surrender nothing.  The people, as recognized in the X Amendment, surrender nothing; and as they retain every thing they have no need of particular reservations.  WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."[5]
      The government of the United States of America is YES, a limited government.  The government is limited by the constitution, the bill of rights, the amendments, the XII, XIV and XV amendments to name but a few and the will of We the People!!!  Commerce is somewhat of a declared EXCEPTION.  Commerce is constitutionally delegated to be regulated by the federal government and We the People.
      The federal government has the delegated power to “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” i.e., “To regulate Commerce…  among the several States.” The only limitation on that regulation is “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” i.e., “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.”  Therefore the federal government has the power “To make all Laws which shall be necessary and proper” “To regulate Commerce among the several States.
      Now if the federal government can regulate food, trucking, air travel, broadcast communications, the stock market, the consumption and production of wheat, and EVEN broccoli if necessary, and hundreds of other miscellaneous markets i.e., “To regulate Commerce…  among the several States” why should there be any issue with regulating the healthcare insurance market?   We force people to buy car insurance. The issue is made that no one is FOCRED to buy and THEN insure their car.  They are free not to buy a car.  That is true.  But we regulate food production via crop subsidies and penalties and everyone must buy food, just as surly EVERYONE HAS, in terms of modern developments, or will USE the HEALTHCARE SYSTEM to prolong life via preventative and / or end of life care.  Right now we regulate wheat, as the most basic of the food commodities, but eventually I could see a possible potential need to in fact regulate BROCCOLI too!!!!
      The Constitution of the United Sates of America contains 7 Articles, 27 Amendments; The Constitution of India[6] contains 395 articles and 116 Amendments.  If there is a better document, the American Constitution is clearly the better, in that it says less and leaves more open for future generations to decide.  To even assert that in 1788 the founding fathers could have or should have envisioned a HEALTH CARE CRISIS is without credibility.  They couldn’t and more succinctly they SHOULDN”T have even tried. 
      Now there are those among the conservative base that assert the Patient Protection and Affordable Care Act (PPACA) is socialism and the American way opposes socialism.  The American way opposes the TOTALITARIANISM of communism not the social sensitivity of socialism.  That is just plain WRONG!!!!  The founding fathers asserted socialism when they said:
      “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --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.”
with the Declaration of Independence, July of 1776.  The assertion all men are created equal is at the heart of socialism.
      Abraham Lincoln enacted socialism as economic policy when he freed the slaves and paid for the Civil War with socially directed economic policy, the Greenback (1861). 
      The Progressive Era in the United States of America held off the totalitarianism of communism with democratically socially directed economic policy.  Progressives tried to eliminate the anti-social corruption by exposing and undercutting political machines and bosses.  At the same time, women's suffrage was promoted to bring a female vote into the socialist arena. A second theme was achieving efficiency in every sector by identifying old ways that needed socializing modernization, and emphasizing scientific, medical and engineering solutions.
      Progressives transformed, professionalized and made "scientific" the social sciences, especially history, economics, and political science. In academic fields the day of the amateur author gave way to the research professor who published in the new scholarly journals and presses. The national political leaders included Theodore “trust busting” Roosevelt, Robert M. La Follette, Sr., Charles Evans Hughes and Herbert Hoover on the Republican side, and William Jennings Bryan, Woodrow Wilson and Al Smith on the Democratic side.
      The Progressive policies led way to Franklin Delano Roosevelt’s socially directed economic policy, the New Deal.  The New Deal printed money via democratic socially directed economic policy to lead us out of the depression era and fight the Germans in World War II.
      We have not lived in a Laissez-faire economy devoid of socialism i.e., socially directed economic policy since at least 1861 and the CIVIL WAR!!!!  I would assert that the Declaration of Independence that disenfranchised the King and his Nobility of their economic and political holdings in the United States of America was SOCIALISM in its finest form.
      The sovereign, We the People, in our form of government has spoken and per prior agreement “To regulate Commerce…  among the several States,We the People as sovereign in our form of government can “regulate Commerce…  among the several States” and if that takes the form of a individual mandate to buy health insurance or BROCCOLI regulation, so be it. 
      Our Judiciary in the person of the Supreme Court of the United States is the MOST CORRUPT institution in the world.  The Supreme Court of the United States has repeatedly corruptly and criminally awarded itself and others immunity from the “rights, privileges, or immunities secured by the Constitution and laws of the United States of America?[7]  Our Supreme Court of the United States has forgotten and corrupt its purpose “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made
      The Supreme Court by granting absolute immunity to itself and others has negated the Constitution that asserts “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
Absolute immunity was never even a conceived possibility to the Founding Fathers.  They asserted “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour” and TWO constitutional prohibitions for the grant of Nobility to wit, “absolute immunity,” Article 1, Section 9, 7th paragraph  "No Title of Nobility shall be granted by the United States" and Article 1, Section 10, 1st paragraph "No State shall… grant any Title of Nobility."
      How can the Supreme Court, a delegated authority, acting under a constitutional commission award themselves and others “absolute immunity[8] from said constitutional commission to “do not only what their powers do not authorize, but what they forbid[9] i.e., the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America?[10] by DENYING the constitutional assurance of governmental accountability with 1st and 7th Amendment Justice, law and equity?[11]
      We the People have fallen under the despotic[12] spell of the concentrated power[13] in the Supreme Court that created ABSOLUTE POWER from ABSOLUTE IMMUNITY for the “malicious or corrupt” judges,[14] the “malicious or dishonest” prosecutor, [15] the “knowingly false testimony by police officers"[16] and “all (malicious, corrupt, dishonest and incompetent[17]) persons -- governmental or otherwise -- who were integral parts of the judicial process [18] acting under color of law to wit, ABSOLUTE CORRUPTION.

See Petition for a Writ of Certiorari 11-8211 Jeep v. Obama

      I sometimes feel like the waif in “The Emperor’s New Cloths.”  AM I THE ONLY ONE THAT CAN SEE IT??
      ANY assertion of personal ABSOLUTE IMMUNITY, without proof of divinity, is a fraud, by any standard of Justice, law and equity,[19] 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, law and equity, in a government of the people, by the people and for the people on THIS PLANET!!!!!
      The ministerial[20] grant of Absolute Immunity,”[21] by and for ministers, is a massive, at the highest levels, ministerial, unconstitutional and “unlawful Conspiracy[22]before out of Court[23] to obfuscate “false and malicious Persecutions.”[24]
      “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. [25]  Mr. Lowe of Kansas and Mr. Rainey of South Carolina respectively said it originally in 1871[26]

Impeach the current Black Robed Royalist Supreme Court FIVE[27]
for condoning the denial of a Constitutionally secured and congressionally un-abridge-able right to justice[28] 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,[29]" denying the establishment of justice and abridging a Constitutionally secured and congressionally un-abridge-able right to a redress of grievances,[30] with their deprivation of substantive 7th Amendment[31] 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.  We do not have any individually enforceable rights in this country, "Everybody, BUT the innocent victim, has "ABSOLUTE IMMUNITY"[32]" for the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America[33] e.g., “To Kill a Mocking Bird, The Denial of Due Process,”[34] “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.”
      I have referenced “To Kill a Mocking Bird, The Denial of Due Process,” in several of my papers, I do so only because the facts of the case in “To Kill a Mocking Bird” are generally known.  The abuses are happening EVERYDAY in REAL LIFE Mr. Thompson (No. 09–571),[35] Mr. Smith (No. 10-8145), [36] Mr. al-Kidd (No. 10–98)[37] and myself (USCA8 No. 11-2425).[38]   The fact that “With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners[39] PROVES IT !!!!!!!!!!!!


DGJeep "The Earth and everything that's in it" (www.dgjeep.blogspot.com)
Tuesday, April 03, 2012, 7:16:14 AM, 2012 04-01-12 If the government can do this, what, what else can it not do - Simply NOTHING that We the People Authorize via our representatives and or direct vote REV 99RX

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 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, “The Prosecution of George W. Bush for Murder” by Famed prosecutor Vincent Bugliosi -  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] Common Sense, “Broccoli Mandates and the Commerce Clause” The New Times, By JAMES B. STEWART, Published: March 30, 2012
[5] Paraphrased from FEDERALIST No. 84, Certain General and Miscellaneous Objections to the Constitution Considered and Answered From McLEAN's Edition, New York. Wednesday, May 28, 1788, by Alexander Hamilton
[6] The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest[1] written constitution of any sovereign country in the world, containing 395 articles in 22 parts, 12 schedules and 116 amendments.
[7] Title Criminal 18, U.S.C, § 241 & 242, and Title Civil 42 U.S.C. § 1983 & 1985  The absence of exigent circumstances should be noted
[8] “In short, the common law provided absolute immunity from subsequent damages liability for all persons -- governmental or otherwise -- who were integral parts of the judicial process.”   Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335 (parenthetical non italic text added for clarity)
[9] Alexander Hamilton June of 1788 at the ratification of the Constitution for the United States of America, The Federalist Papers No. 78, “The Judiciary Department”
[10] Title Criminal 18, U.S.C, § 241 & 242, and Title Civil 42 U.S.C. § 1983 & 1985  The absence of exigent circumstances should be noted
[11] Justice without regard to equity impoverishes the victim at the expense of the evil they have suffered.  I have been forced into poverty, homelessness for FOUR YEARS!  The 1st Amendment secures the constitutional right to a lawfully un-abridge-able justifiable redress of grievance from the government: Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances.”  The 7th Amendment secures the right to settle all suits: “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” assures justice as regards equity.
[12] Montesquieu in his “De l'Espirit des Lois” (1748) (The Spirit of the Law) defines three main kinds of political systems: republican, monarchical, and despotic.  Driving each classification of political system, according to Montesquieu, must be what he calls a "principle". This principle acts as a spring or motor to motivate behavior on the part of the citizens in ways that will tend to support that regime and make it function smoothly. For democratic republics (and to a somewhat lesser extent for aristocratic republics), this spring is the love of virtue -- the willingness to put the interests of the community ahead of private interests. For monarchies, the spring is the love of honor -- the desire to attain greater rank and privilege. Finally, for despotisms, the spring is the fear of the ruler.    We the People have currently despotic system in that we have NO enforceable rights in America TODAY!!!!!!!!!!
[13] "All power tends to corrupt and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority: still more when you superadd the tendency or certainty of corruption by full authority.  There is no worse heresy than that the office sanctifies the holder of it." Lord Acton, John Emerich Edward (1949), Essays on Freedom and Power, Boston: Beacon Press, p. 364
[14] Bradley v. Fisher, supra, 80 U. S. 335, 80 U. S. 349, note, at 80 U. S. 350, Pierson v. Ray, 386 U. S. 57 (1967) Judicial ABSOLUTE IMMUNITY is based on a skewed reading, overlooking the noted exception that absolute ANYTHING creates, of Lord Coke, Floyd and Barker (1607) ruling from an acknowledged CORRUPT court, the Star Chamber.
[15] Imbler v. Pachtman, 424 U. S. 428 (1976) Prosecutorial ABSOLUTE IMMUNITY
[17] Incompetence is the most insidious and it is covered up by the gratuitous grant of malice, corruption and dishonesty!!!!
[18] Briscoe v. LaHue, 460 U.S. 345 (1983) ABSOLUTE IMMUNITY for “all persons -- governmental or otherwise -- who were integral parts of the judicial process
[19] Justice without regard to equity impoverishes the victim at the expense of the evil they have suffered.  I have been forced into homelessness for FOUR YEARS!  The 1st Amendment secures the constitutional right to a lawfully un-abridge-able redress of grievance from the government: Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances.”  The 7th Amendment’s secures the right to settle all disputes/suits: “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” assures justice as regards equity.
[20] 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.
[21] “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
[22] 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.”
[26] Cong.Globe, 42d Cong., 1st Sess., 374 & 394
[28] The redress of a justifiable grievance REQUIRES a remedy in BOTH law and equity
[29] 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
[30] 1st Amendment, “Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances.”
[31] 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.
[32] “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
[34] 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.
[38] See also USCA8 07-2614,08-1823,10-1947,11-2425 and Writs of Certiorari to the Supreme Court 07-11115&11-8211
[39]With 5% of the world's population, our country now houses nearly 25% of the world's reported prisonersand you have the moronic audacity to ask why???? “Why We Must Fix Our Prisons”, By Senator Jim Webb, Parade Magazine published: 03/29/2009, U.S. Imprisons One in 100 Adults, Report Finds New York Times, By ADAM LIPTAK, Published: February 29, 2008, Our Real Prison Problem. Why are we so worried about Gitmo? Newsweek by Dahlia Lithwick Published June 5, 2009