Why would "We the People" have consented to the Constitution as amended without forma securitatis, in both law and equity for its enforcement?
"We the People" had FOR SURE lived for tooooo long under the rule of the absolutely immune nobility!!!!!!
"We the People" have ALWAYS had forma securitatis ,in both law and equity on parchment. The First Amendment, on parchment, secures "Congress shall make no law ... abridging ... ; or the right of the people ..., and to petition the Government for a redress of grievances. " With the 7th Amendment "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." The rules of Common law as established by Blackstone[1] and quoted into Supreme Court precedent Marbury v. Madison, 5 U.S. 163 (1803):
"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.
In the third volume of his Commentaries, page 23, Blackstone[2] states two cases in which a remedy is afforded by mere operation of law."In all other cases," he says,
"it is a general and indisputable rule that where there is a legal right, there is also a legal remedy by suit or action at law whenever that right is invaded."
And afterwards, page 109 of the same volume, he says,
"I am next to consider such injuries as are cognizable by the Courts of common law. And herein I shall for the present only remark that all possible injuries whatsoever that did not fall within the exclusive cognizance of either the ecclesiastical, military, or maritime tribunals are, for that very reason, within the cognizance of the common law courts of justice, for it is a settled and invariable principle in the laws of England that every right, when withheld, must have a remedy, and every injury its proper redress."
The Government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation if the laws furnish no remedy for the violation of a vested legal right."
The assertion by Justice Thomas in Connick (9 563 U. S. ____ (9)(2011)) "A less stringent standard of fault… "would result in de facto respondeat superior liability"" is an ABROGATION of the Supreme Court's raison d'être to establish Justice under the supreme Law of the Land. We the People incorporated ourselves into a government of the people, by the people and for the people to provide the reciprocity of a forma securitatis for RIGHTS!!!! We the People have IN ALL CASES 7th Amendment reciprocity for EACH other's rights!!!!!
[1] An Analysis of the Laws of England is a legal treatise by British legal professor William Blackstone. It was first published by the Clarendon Press in 1756.
[2] An Analysis of the Laws of England is a legal treatise by British legal professor William Blackstone. It was first published by the Clarendon Press in 1756.
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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
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David G. Jeep
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