From the beginning, judicial independence has been more a sophistry of plausible falsehood, underpinned by unethical intent, than a worthy principle of democratic governance. It is described as a device to protect the righteous, impartial judicial power from coercion by powerful individuals in government. But it has always meant zero accountability. And, at too many crucial times, the judiciary has proven itself all too willing to rule in favor of the class-race elite, at the expense of the ordinary people. Behind the lofty-sounding label of 'impartiality', the original intentions for judicaial independence clearly included its providing a corruption machine for ensuring profits and power to the right people, as well as keeping the rabble and their excessive democracy down. The 18th Century "gentlemen" lived the unexamined life of bigoted elitism.
Over time, the sophistry of 'judicial independence' allowed SCOTUS to create the near-zero social justice environment of the Gilded Age -- ensuring obscenely excessive profits and power to the superrich -- and then to repeat that environment through the 1920s and into the Great Depression. FDR rebuilt the Court, reinstituting it for social justice. Now, however, SCOTUS and too much of the lower federal bench again represent the interests of the superrich, their fascist corporate sleaze, and their predator politicians.
Worse, SCOTUS is directly guilty of the unconstitutional, felonious, and treasonous creation of the Bush-Cheney Usurpation, which is the most criminal, corrupt, and incompetent US national government in our history. Judicial independence is one of our Constitution's systemic problems. It is helping unscrupulous, ideologically-driven judges to destroy our constitutional governance to benefit the superrich, and it must be ended.
Open Letter
to Jenna Kyle,
Policy Assistant,
CivilRights.Org
Jenna --
From it's beginnings, the notion of judicial independence has had twin motives. First to keep the Constitution safe from predator politicians, and, second, to keep the three branches of government safe for the bigoted "gentlemen" of 18th Century predator elitism, in opposition to we the sovereign people, whom the "gentlemen" considered to be contemptible, licentious rabble.
Nothing has changed with regard to those two motives for judicial independence. The corruption machines that judicial independence protects, however, have become much more sophisticated and murderous over time. Just the unconstitutional, felonious, and treasonous Federal Reserve -- a fiat-money-producing, fractional reserve banking monster specifically rejected by the Constitution's authors, which now threatens the existence of our country in many ways -- has given us sufficient reason to eliminate judicial independence.
The federal bench is now freely using its power in such ways as to unconstitutionally damage crucial Constitutional provisions, to feloniously violate citizen rights as given in the Constitution and laws, and to treasonously refuse to protect the rights of citizens as given in the Constitution and laws. The federal bench has taken us into a straightforward contradiction of everything for which our Revolutionary War generation fought. It has done those things to benefit the superrich, their corporate sleaze, and their predator politicians -- at the expense of the ordinary people.
At least since Bush v. Gore, the federal bench has proven beyond doubt that we the sovereign people can no longer afford the corruption machine of an independent federal judiciary. SCOTUS' many blantantly unconstitutional, felonious, and treasonous rulings will surely cause the people to subordinate the federal bench to the people themselves. We are rapidly, I think, coming to the time when all judges will be elected, in nonpartisan elections, by the citizens of the respective court's jurisdiction and will be subject to recall by those same citizens.
In slow motion, Bush v. Gore will trigger this constitutional adaptation eventually. The ruling violated the Constitution's Article 2, paragraph 2. It violated federal statute 18 USC 241 -- felony conspiracy against the rights of all citizens to have a president elected in accord with the Constitution. Felony forfeits judicial immunity, and all the assenting judges should have been criminally prosecuted for their felony immediately after Bush v. Gore was issued.
Additionally, the Bush V. Gore ruling treasonously failed to protect the rights of all citizens to have a president elected in accord with the Constitution. (This definition of treason was established by the findings against the 1860s seccessionist state legislators.) Separate criminal counts for treason should be a part of any criminal prosecution against any federal judge who engages in a felony conspiracy against citizen rights in blantant violation of 18 USC 241.
There have been, as you well know, many other unconstitutional, felonious, and treasonous rulings by SCOTUS and lower courts. Second down from Bush v. Gore in far-reaching effects is probably Gonzales v. Raich, a medical marijuana case. It's ruling provided precedent for the arbitrary suspension of federalism, equity, states rights, the 9th Amendment and the 10th Amendment. All of its violations were directed at increasing the obscenely excessive profits and power of the superrich, their corporate sleaze, and their predator politicians.
Bush v. Gore did not choose a president. It unconstitutionally, feloniously, and treasonously elevated a presidential usurper. Every official act done under color of law by GW Bush is null and void and will have to be purged from our legal fabric. Many of those actions created unconstitutional anti-law regimes of their own, with every enforcement creating new felonies against citizen rights.
We need to bring many impeachments, removals, and criminal prosecutions against the Bush-Cheney Usurpation, in all three branches. And we need to force a new Independent Prosecutor law that can work around the Gonzales/DOJ obstruction of justice. But we also need to eliminate the systemic problem that created the Bush-Cheney Usurpation and its collapse of constitutional checks and balnaces -- the zero accountability of judicial independence.
The shortest line between power and criminality is zero accountability, which is exactly what "judicial independence" means. We have allowed the federal bench to demonstrate the truth of that statement too many times.
It is past time for we the sovereign people to take responsibility for our governance. We need to anchor our Constitution with the founding principles as expressed in the 1776 Declaration of Independence. We need to keep the Constitution's worthy core but eliminate the systemic problems. Any factor that minimizes accountability is a systemic problem. Judicial independence is one of those systemic problems.
We need a constitutional amendment that will (1) dismiss all of the current federal bench judges -- many of whom are fascist thugs only masquerading as judges, (2) establish near-future, nonpartisan primaries and general elections for the replacements, (3) set out specific recall provisions and consequences, and (4) name all blatantly unconstitutional federal bench rulings that are null and void, and provide for the adjudication of all anti-law regimes created by those unconstitutional rulings. (We have the citizen expert groups who can make those determinations.)
I expect the judicial reform constitutional amendment to be in the first wave of citizen reform amendments, after we force passage of a constitutional amendment integrating fully independent I&R-R citizen lawmaking (initiative, referendum, and recall petition processes) with national representative government. The people can speak for themselves in their voting majorities and have no need of the corrupt bicameral's lower house.
The legacy from Reform Era corruption fighters has been twisted unconstitutionally, feloniously, and treasonously by state governments for over a hundred years. But the legacy is still there, locked away in state constitutions where no corrupt politician can go, waiting for we the people to clean it up and use it against today's local, state, national, and globalized mega-corruption.
There are many of us working on the careful crafting of the lead-off, proposed I&R-R constitutional amendment.
In the words of Carl Schurz: "Our country -- when wrong, to be put right."
Constitutional governance cannot tolerate usurpation of the nation's highest office and survive. We have not had constitutional governance since Bush took the oath of office. What we've had has been fascist thuggery masquerading as constitutional governance. For those of you with your heads in sand, crack, meth, pop music and raves, your piece of the corporate pie, or whatever, the fascist thuggeries of judicial independence and its protectorates are steadily enslaving and butchering the ordinary people of this nation for protits and power.
Clearly, the globalized superrich predators of the central banking cabal -- anchored here by their partnership with our politician- and judicially-protected, unconstitutional, felonious, and treasonous Federal Reserve -- will use judicial independence along with their other tools to utterly destroy our nation without a second thought, as soon as the profit picture is sufficient. We're already on the edge, and a runaway financial accident could bring down the national economy long before the superrich's profit picture is right for them.
I urge you, Jenna, to help distance your organization from support of judicial independence. We the people are working up a rage. Judicial independence is one of the very large reasons for that rage.
Stephen Neitzke
Direct Democracy League
DD Revival -- The Blog
(© by Stephen Neitzke, 2006)
(Modified Saturday, 19 August 2006, at 7:00am CDT.)
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