FAIR USE NOTICE

FAIR USE NOTICE

A BEAR MARKET ECONOMICS BLOG

Occupy Economics and the Economy


This site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in an effort to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. we believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law.

In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.

FAIR USE NOTICE FAIR USE NOTICE: This page may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. This website distributes this material without profit to those who have expressed a prior interest in receiving the included information for scientific, research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C § 107.

Read more at: http://www.etupdates.com/fair-use-notice/#.UpzWQRL3l5M | ET. Updates
FAIR USE NOTICE FAIR USE NOTICE: This page may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. This website distributes this material without profit to those who have expressed a prior interest in receiving the included information for scientific, research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C § 107.

Read more at: http://www.etupdates.com/fair-use-notice/#.UpzWQRL3l5M | ET. Updates

All Blogs licensed under Creative Commons Attribution 3.0

Creative Commons License
This work is licensed under a Creative Commons Attribution 3.0 Unported License.


Tuesday, October 25, 2011

The Fourth Branch of Government is the People

PEOPLE'S LEGAL FRONT


The Fourth Branch of Government
is the People

What they didn't tell you in school

In school you were taught that the Government has three branches, the Legislative branch, the Executive branch, and the Judicial branch. The Legislative branch is the Congress and they make the laws. The Executive branch is the President, who runs the daily business of government. The Judicial branch is the Courts who interpret the law and determine of laws are constitutional. These are the three branches of government you were taught in the government-controlled schools. But there is a fourth branch of government, and that's the People.

People before Lawyers Some would argue that the People are not a branch of the Government. They would argue that we have a government that is of the People, by the People, and for the People. They would argue that through voting that the Government represents the People and that the Government is the People. In theory, and in an ideal world, this would be true. And for the most part it is true. But there are time when the Government does not represent the People and that the interests of the Government are not the interests of the People. There are times when the People have to assert their will directly and overrule the Government and assert the supremacy of the will of the People over the will of the Government.

The Government Exists for the Sole Purpose of Serving the People, not Ruling the People

The supremacy of the People is preserved throughout all the documents and papers used in the formation of the Government by the People. The preamble to the United States Constitution states, "We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, 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." Clearly the Constitution was created to form a government who's sole purpose was to serve the People and for no other purpose. The founding fathers went to great pains to ensure, through the separation of powers and the balance of power that no branch of government would ever become dominate and become a force that rules the People rather than serves the People.

The History of Democracy

America was originally a colony of England, which was a monarchy controlled by the King. Although England is still a monarchy technically, the Queen is little more than a tourist attraction and serves merely to feed the tabloid press industry. But 250 years ago the King was very powerful and America was settled by people who were trying to put distance between themselves and the King and his Church of England. America was settled by people who were seeking Liberty and Freedom. We became a People and we resented being subservient to the Government and the King and we dreamed of an America where the People were the King.

On July 4th 1776 the Second Continental Congress, representing the 13 states unanimously issued the Declaration of Independence. This document was the official notice given to the King of England that the 13 states were separating themselves from the Crown in order to form a government of the People. The Declaration of Independence is an important document and in many ways is as important as the Constitution. The Constitution is the document that establishes a government of the People by the People, and for the People. The Declaration of Independence is the document that establishes the supremacy of the People over the Government and establishes the Right and the Duty of the People "to throw off such Government, and to provide new Guards for their future Security."

The Declaration of Independence establishes the supremacy of the People and the Right and Duty to defend the Rights of the People over the Acts of the Government.

Our Constitution provides for as many protections as possible to ensure that the Government is subservient to the People and only exists for the purpose of serving the People. However, should these protections fail it is up to the People to rise up against the Government and to put the Government back in it's place. In this capacity, the People act as the fourth branch of government to take control and to override their decisions that violate the Fundamental Rights of the People to Life, Liberty and the Pursuit of Happiness.

By what means do the People exercise their authority over the Government? That depends on how resistant the Government is to complying with the Will of the People. In the case of the Declaration of Independence, it meant declaring war on the Government and overthrowing them. This is obviously a last resort after taking other steps less harsh. But clearly the Right and the Duty to overthrow the Government in order to restore the United States as a government to serve the People is clearly established in historical precedent.

The People Exercise their Powers

There are several examples where the People have risen up against the Government in order to reestablish the supremacy of the Will of the People over the interests of the Government. The most memorable event in recent history is the Vietnam War. The Government got us involved in a useless war and got stuck there. It was a war that was clearly wrong, the People didn't support the war, and the Government refused to serve the interests of the People and allowed themselves to be controlled by the interests of those who were profiting from the war. In fairness, there was a national pride factor involved as well. America wasn't ready to admit that we were wrong and to conceal the truth from the People. It was a time when the Government served it's own interests and the interests of people who put their personal profits ahead of the good of the people.

In this case the people rose up against the Government and we fought them. We protested, we rioted, we broke the laws, and we forced the Government to be subservient to the People and to get out of Vietnam. We put the Government back in its place to serve us, and not to rule us. We let the Government know that they can not order us into battle to die against our will to fight a war that served no public purpose.

When the Government violates the Constitution, it is the duty of the People to rise up against the Government to bring the Government into compliance with the Constitution.

On a local level, here in Springfield Missouri, the City Council decided to take the farm of a farming family, who had a well run dairy farm, for the purpose of building an industrial park. The location of the park was chosen so as to be inside the city limits so that Springfield Schools would get the taxes instead of Strafford Schools. Legally, the City had the powers of Eminent Domain to take the land. There was no procedure to stop the City from running the farmers off this 100-year-old family farm. But the People rose up against the City Council and through the shear force of will the People let the City Council of Springfield Missouri know that the People, acting as the 4th branch of Government, were going to prevent it from happening.

Powers and Responsibilities of the People

Maintaining the Government is much like maintaining your lawn. Although the plants in your back yard bring you joy for the most part, they have to be weeded and pruned to keep them growing the way you want. We try to make the Government self pruning and self weeding, but the Government isn't perfect and We the People have both the Power and the Responsibility to maintain our government in a manner that best serves the People in the pursuit of Life, Liberty, Freedom, and Happiness.

The first duty of a Citizen is to be personally involved in government. This means that voting is a requirement. And not just voting but going to the trouble to understand the issues and make a well reasoned decision. Getting good people into office is the first step in protecting the Rights of the People. I would go as far to say that failing to vote is a Sin against the Constitution. If I had my way I would make it a law that every voter got a receipt for voting and that you would get $10 off your taxes for every election you have a receipt for.

Failing to Vote is a Sin against the Constitution

Citizens also have a duty to fight and report public corruption. This includes a duty to ensure that the government institutions that control corruption actually do something when corruption is reported. Government corruption can not be accepted because if you let them get away with it, then it becomes a pattern and cover-up becomes the norm. When the government breaks the law then there is no law.

The Imperative of Judicial Integrity

In the famous Supreme Court case of Elkins Et Al. v. United States, 364 U.S. 206, 80 S. Ct. 1437, 4 L. Ed. 2d 1669 the court in speaking about the imperative of Judicial Integrity stated: "In a government of laws," said Mr. Justice Brandeis, "existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy."

Although I agree with Justice Brandeis for the most part, I'm not sure the term "invites anarchy" is the most accurate description of what judicial corruption invites. When you look at the People as the fourth branch of government then it is more accurate to say that judicial corruption invokes the responsibility of the People to take whatever steps are necessary in order to bring the Judiciary into compliance with the Law.

The United States Judicial System is little more that an organized crime ring for Lawyers to use the Power of the Government to Oppress and steal from the People.

The Checks and Balances in the Constitution contemplates three branches of government with the ability of any one branch to have the power to ensure that the other branches comply with the law and that the Government serves the People. Unfortunately, the Judicial Branch of the Government has opted out of the Checks and Balances system to be self regulating. This clearly is not working. Although it does maintain independence of the Judiciary, it also puts lawyers and judges above the law. Or courts are no longer our courts anymore. Judges and lawyers are little more than an organized crime family who have invaded our courts and impersonate judges and create the mere illusion of a Justice System that is completely void of all forms of Judicial Integrity.

Enforcing Judicial Standards on judges is impossible under our current system. Although they have their Rules, they have the ability to break their own Rules and they are not subject to enforcement. How can you take judges to court when judges control the courts? Judges know they can get away with anything and therefore they do. And their dishonesty is contagious and the Government has been the teacher of the People and has affected and undermined the basic integrity of People in Society. People follow by example, and a criminal Judicial System has led to criminal behavior in the People.

Self Regulation of the Judicial System violates the checks and Balances system of the Constitution

The Judiciary has stolen the ability to be safe within a marriage and a family in America. Our divorce courts are dens of thieves where lawyers loot families under the authority of the Courts and the Government. Lawyers stalk families as predators looking for an opportunity to move in and destroy the lives of the People for profit and using the authority of the Government to rob the People and to make them give up all their property to lawyers to protect their children from the Government.

These abuses of the Judiciary are so serious as to rise to the level of Treason to the Constitution and to invoke the duty of every citizen to do whatever it take to rid our government from this force that has invaded our Judicial System in order to rid ourselves of this enemy from within and to restore the Rule of Law to our courts which are here to serve the People and not the self interest of the Bar or the Government.

Loving your Country by Burning the Flag

There are those who are greatly offended by Burning the Flag. And they have a right to be offended. However, Burning the Flag can and should be an act of Patriotic Duty. Our soldiers did not fight and die to defend the Flag. They fought and died to preserve our Freedoms, Liberties, and Rights, including our right to Burn the Flag. The Flag is merely a piece of cloth symbolizing the Government. The respect shown the Flag is the same as respecting the Government.

Burning the Flag is an act that reminds the Government that the People are the Masters and the Government is the Servant. It let's the Government know who works for whom.

There are those politicians who waive the Flag while reaching into your pocket to steal your money or take away your Freedoms using the Powers of the Government to commit evil acts upon the People. Many of these same people are the ones who want to outlaw Flag Burning. Often this issue is used to distract you from noticing that he's taking bribes from Tobacco Companies selling them a license to market an addictive drug to the public. To me, that is a lot bigger crime against the Flag than a person burning it to protect the Rights of the People is.

Burning the Flag, and the Right to Burn the Flag are very important to the preservation of our Rights as a People to control the Government. The act of Burning the Flag is an act asserting that the Rights of the People are superior to the Powers of the Government. To be prohibited from Burning the Flag is the Government asserting that the Powers of the Government are superior to the Rights of the People. I agree with the Supreme Court that it is unconstitutional to prohibit Burning the Flag. The very act of Burning the Flag is a message of defiance to the Government and reminding them in the crudest way possible that the People are the Masters and the Government is the Servant.

Burning the Flag is an Act of Patriotism. People who care about America Burn the Flag.

I would rather see people Burn Flags over causes I don't agree with than to not see any Flag Burning at all. When the Government gets out of line and starts oppressing the People, it is the duty of every patriotic citizen to Burn the Flag and to stand up to the Government so as to preserve our freedoms and the Liberties for the People that our soldiers gave their lives to protect.

The People's Duty to throw off Oppressive Government

The people are the ultimate protector of our constitutional rights. We are the branch of government of last resort. When the government fails to abide by the Constitution and takes away our rights then it is ultimately the duty of the people to stand up to the government and take our rights back. This is not something that should be taken lightly. It is only in the most extreme of circumstances when all else has failed. However, as the judicial system of the United States continues to deteriorate into despotism, the time has now come to begin to talk about the possibility that there exist no other way to make the courts comply with the Constitution other than the direct intervention of the people.

Like the war in Vietnam, the people might have to rise up against the judiciary and make them comply with their own rules and ethical standards. I hope the judiciary reads this an realizes that the people are not kidding when it comes to insisting that judges and lawyers are not kings and are here solely to serve us and not to rule us. When, for example, the rules of court say that orders of the court and judgements shall be signed by the judge, and the Judges of the Missouri Supreme Court refuse to do so, they are committing treason to the Constitution and need to be removed from office.

The Declaration of Independence states:

    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. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Our right to justice is not something that the judiciary should play with. Our justice system is not a tool of self serving lawyers to use to allow lawyers to take advantage of the misfortunate and victimize them. Our courts are to serve the people and not as a profit center to protect the incomes of lawyers. We the people hereby give notice to the judiciary that you are acting in contempt of the people and that you will refrain from continuing to do so or face the consequences.

No comments:

Post a Comment