One of the seven judicial violations listed in the J.A.I.L. Amendment is "Blocking of a lawful conclusion of a case."  Not only does the judiciary block the rights of the People, but so does the legislature of too many states.

Ever since the South Dakota J.A.I.L. campaign started, we've been hearing more from our readers in the non-initiative states than from others. People in the initiative states realize that it is just a question of funding to collect the required signatures for the J.A.I.L. Initiative, and the initiative process will take care of getting J.A.I.L. on the ballot if the required signatures have been certified. So the ball in those states is in the People's hands.

However, such is not the case with People living in the non-initiative (NI) states which amounts to slightly more than half of all states. These states include Texas and New York-- two of our largest states. People in NI states are hit with a "double whammy." Before they can present J.A.I.L. to the public and convince them of the need for J.A.I.L. in their state, they must first present J.A.I.L. to their legislature and convince their legislators of the need for J.A.I.L. in their state. Now when it comes to the J.A.I.L. Amendment, this disparity between initiative and non-initiative states is a problem of paramount proportion.

Unlike other measures, J.A.I.L. epitomizes the inherent right of the People --ALL People-- to alter or reform their government whensoever they --the People, not the legislators-- deem it necessary to do so. People living in NI states are not second-class citizens. The right is theirs as much as for others. The right to alter or reform government doesn't come from government-- it isn't a "privilege" granted by government. The fact that some state governments are honest enough to acknowledge that inherent right in the People by stating it in the state Constitution, doesn't mean that it is thereby granted by that government. The word "inherent" is used (or its equivalent) which means existing as a matter of nature --not government.

When the Founder of J.A.I.L. first presented the measure for filing with the California Secretary of State in 1996 (it was then known as "The Judicial Reform Act of 1996"), among the questions by the Legislative Analyst was this final one:  "Mr. Branson, if, as your initiative states, 'no judge under the jurisdiction of the Special Grand Jury, or potentially affected by the outcome of a challenge hereto, shall have any jurisdiction to sit in judgment of such challenge,' then whom do you propose should sit in judgment?  A judge from another state or a federal judge?" 

Ron responded by telling him that he was not there to advise the state on how to defeat the measure, but that he cites the authority for presenting the measure: "All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require." Article II, Sec. 1, California Constitution.

There were no further questions. Clearly that stated the authority for J.A.I.L. But California is an initiative state. What authority is given for the NI states?

It is the same authority as that acknowledged --not granted-- by California! The statement "All political power is inherent in the people" acknowledges a truth that is self-evident under the laws of nature. It doesn't depend on the state, or any state. Furthermore, California's acknowledgement that the people "have the right to alter or reform [government] when the public good may require" is based on the acknowledgement that "Government is instituted for [the people's] protection, security, and benefit." 

Those facts are true in all states.

• All political power is inherent in the People;
• Government is instituted by the People for their protection and benefit;
• Therefore the People have the right to alter or reform government when they deem it necessary to do so.

It is a common belief of government officials that they are better able to determine what's "good" for the People than are the People themselves. Officials think that's what they get paid for. However, that is a dangerous fallacy that creates the usurpation of power by government.

Government's responsibility is NOT to protect the People (as we constantly hear on world news reports), but to protect the rights of the People. Our physical being isn't as important as is our rights to the benefit and protection our being. People are not dumb cattle that require the protection of their being by a superior human authority, like a rancher over a herd of cows. The difference is that People are human beings with inherent rights by nature, including the right to institute government for the protection of their rights --not of their being-- and thereby have the concomitant inherent right to alter or reform that government when it ceases to protect their rights.

This is the point that must be made to the state governments of the NI states. This point is more fundamental than even J.A.I.L. in the first instance, because the People cannot present J.A.I.L. without a mechanism in place for them to do so in exercise of their inherent right to alter or reform government (in this case, the judicial system) since their rights are no longer being protected by that system.

At first we said that we should concentrate on getting J.A.I.L. passed in the initiative states first, and then have better leverage to convince the legislatures in the NI states to do the same thing. But with the barrage of emails we've been receiving from our readers of the NI states, the question arises, Why should those People have to wait to get J.A.I.L. passed in their states? That's about half the people, or more, in this country!

Since it is the initiative process that is well established for the passing of state constitutional amendments by the People in approximately half the states, then it would appear that the People of NI states would have to present jointly with the proposed J.A.I.L. Amendment, sufficient signatures also to pass an initiative process (I would think the same number of signatures for each-- it's 8% of the voters in the previous gubernatorial election in California. It may be 10% in some states). But, the People must take the initiative (pun intended).

We've had some of our JICs in the NI states give up, or JAILers not even become JICs in the first place, in those states, because of the unlikelihood of convincing the legislature to introduce the J.A.I.L. Bill as written (copywrited by the Author), due to their conflict of interest. It isn't the province of government to alter or reform itself. It won't happen, nor can we expect it to.

The People of each NI state has to decide how best to go about making it possible to get J.A.I.L. on their ballot. We don't micromanage the states, and so please don't ask us what you should do. We can publish suggestions by our readers to share with the JAILers as we have started to do, but that's all we can do. If some of you find some good methods in your state, pass them along to us and we'll send them to the JAILers. J.A.I.L. is a national team and we need all of us to make it work!   It's up to you!  

-Barbie-

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"..it does not require a majority to prevail, but rather an irate, tireless
minority keen to set brush fires in people's minds.." - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is
striking at the root."-- Henry David Thoreau