You don't hear about
that from the news media,
do you? Why not? It's because
the right of the People
to alter or reform their
government whenever they
deem it necessary trumps
everything the media has
reported --whether true
or false! That right even
trumps the Bill of Rights,
because without a lawful
government, none of our
other rights can be exercised
by the People. It doesn't
matter if we have the Right
of Petition, the Right of
Redress, the Right of Free
Speech, the Right of Free
Press, the Right of Assembly,
the Right of Due Process,
the Right of Access to our
Courts, and more--
NONE of them matter if the
People don't have a lawful
and accountable government
instituted to respect their
rights and cooperate in
their exercise as a matter
of practice, and not exist
idly in theory only.
The right of the People
to alter or reform their
government does not depend
upon any writing or documentation
as authority. Even
if the Constitution were
nothing but a "GD piece
of paper," the right
of the People to alter or
reform their government
exists nevertheless. It
is a law of nature. It exists
just because there is Existence!
Because newspaper publishers
exist, because judges exist,
because lawyers exist, because
the Bar Association exists,
and because the People exist--
THE RIGHT OF THE PEOPLE
TO ALTER OR REFORM GOVERNMENT
exists! And to be meaningful,
it must exist in practice.
That means the People must
act!
It doesn't matter if
the system has checks and
balances in place; it doesn't
matter if voters can vote
miscreant judges out of
office; it doesn't matter
if the system provides an
appellate process; it doesn't
matter if commissions on
judicial conduct rein in
every judge; it doesn't
matter if disgruntled litigants
want to sue judges because
they don't like the decision;
it doesn't matter if the
independence of the judiciary
must be upheld --or anything
else. THE RIGHT OF THE PEOPLE
TO ALTER OR REFORM GOVERNMENT
supersedes all of it. That's
what matters!
And it's the People
who must make it matter!
And it's the People of South
Dakota who are making it
matter right now in their
state, by getting J.A.I.L.
on the 2006 ballot. J.A.I.L.
IS THAT RIGHT OF THE PEOPLE
TO ALTER OR REFORM GOVERNMENT,
namely the judiciary, when
the People find it necessary
to do so. And it's when
the People find it necessary
to do so --not when the
Bar Association, the newspaper
editors, the commissions
on judicial conduct, or
the legal fraternity finds
it necessary. Despite
the truth or falsity of
what they report, it is
the responsibility of the
People to move and to act
on this inherent right that
trumps all others. Only
the People can make it happen.
And they're making it happen
in South Dakota this year!
Regardless of what the
legal fraternity or their
newspaper cronies think
or say, even if it is true--
it isn't up to them, but
it's up to the People to
determine if it is necessary
to alter or reform their
forms of government. And
that determination by the
People will be based on
whether the government is
performing the function
it was instituted to perform,
i.e., protecting the integrity
of their inherent rights.
If government, through the
judiciary, isn't serving
and protecting the People's
rights, then it ceases to
be "government."
The People of South
Dakota have determined that
it indeed is necessary to
alter or reform the government,
by holding the judiciary
accountable to the People
because their rights are
not being protected in court.
The People of South Dakota
(at least 46,800 of them)
have found that
- Judges deliberately
violate the law
- Judges commit fraud
and conspiracy
- Judges intentionally
violate due process of
law
- Judges deliberately
disregard material facts
of cases
- Judges conduct judicial
acts without jurisdiction
- Judges block lawful
conclusions of cases
- Judges deliberately
violate the Constitution
of South Dakota and the
united States Constitution
The People of South
Dakota have found that judges
have the potential of abusing
their power, and that when
they do abuse it, (and only
then), the People have the
duty to prevent that abuse
by removing the artificial
shield of the judge-made
doctrine of "judicial
immunity" for the specific
violations listed.
It isn't done because
anyone doesn't "like"
judicial decisions. Just
because government does
things we don't "like"
doesn't mean it ceases to
be government. It's only
when government fails to
perform its responsibility
of protecting the People's
rights that it ceases to
be government and must be
reformed; and the listed
violations contained in
the J.A.I.L. Amendment shows
the ways that the judiciary
has failed in that responsibility.
Remember, it isn't the
responsibility of government
to "protect the People"
but to "protect the
rights of the People."
There's a BIG difference.
As the Declaration states,
"That to secure these
rights, governments are
instituted..."
If People's rights are not
protected, there is no protection!
The Right
of The People to Alter or
Reform Government Trumps
Everything Else! Keep
that in mind when reading
what the newspapers and
the legal fraternity reports
about J.A.I.L.
-Barbie-
