J.A.I.L. News Journal
Los Angeles, California December 8, 2003
The Case Made For J.A.I.L.
Based on "How The Judiciary Stole The Right To Petition"
Written by John E. Wolfgram, B.A., J.D., Constitution Researcher
A Review by Barbie, Founder's Assistant,
It wasn't until I read the formal Invitation from Bob Schulz of We The People Foundation (WTP) to J.A.I.L.'s Founder, Ron Branson, to participate in the "Give Me Liberty 2004" conference, and saw the central theme being "The Right to Petition for Redress: Re-discovering The 'capstone' Right," that I became aware of how much closer to J.A.I.L. patriots are becoming, whether they realize it or not.
That sparked me to remember the treatise written by John Wolfgram, that I started to read and laid aside because of other pressing obligations, which is based on the Right to Petition-- but more provocatively, ties it in with the judiciary!
And even more amazingly, I find that it lays the track leading to (I don't want to say "jail") -- but to J.A.I.L.
Unlike the Monopoly card that says "go directly to jail," the subject treatise goes directly to J.A.I.L., the Judicial Accountability Initiative Law. It all but mentions the name, but builds the case for J.A.I.L. beautifully! I invite all of you to download it from the URL shown above and read it for yourselves, after you've become familiar with the mission of J.A.I.L. at www.jail4judges.org
Being heavily involved with the internet, I have watched the WTP organization move across the bridge from the Income Tax cause (one of the many branches on the tree of evil), to the Right to Petition for Redress (a larger branch --one of the boughs-- on that same tree), leading toward the trunk and corrupted root system that feeds it all. The march toward Freedom will eventually come to the courts where the show-down between the People and government will be concluded within the system, i.e., within the tree of evil which the system has become.
When the march reaches that point, the People will begin to realize that the corruption becomes more concentrated and putrid as they reach the trunk and eventually the roots where the judicial system thrives under ground and out of sight, feeding the corruption to the rest of the tree, i.e., the powers that be. The People will soon come to realize, in sufficient numbers, that the tree itself isn't the problem, but it's the ROOTS that thrive under ground, out of sight, in secret, not easily accessed, that are ultimately responsible for the condition of the entire tree. The People will learn that they will have to focus their efforts in ridding the tree of evil of the source of its corruption-- i.e., the root system; and the People will learn by experience, the hard way, that in our system of "government," the judiciary comprises that root system. And finally, the People will learn that it is they who must act to clean up that root system of tyranny. The system is NOT self-cleaning.
As Thomas Jefferson said: "Who will govern the governors? There is only one force in the nation that can be depended upon to keep the government pure and the governors honest, and that is the people themselves. They alone, if well informed, are capable of preventing the corruption of power, and of restoring the nation to its rightful course if it should go astray. They alone are the safest depository of the ultimate powers of government."
The one condition Jefferson states for the People to be capable of acting effectively to restore our Constitutional Republic is "if [they are] well informed." Apparently the People --or at least enough of them-- are not yet well informed of what they must do to save this Republic. I am
now hearing, from several well-meaning patriot sources "We must educate the public." In fact that statement was recently said to me by an outstanding patriot while rejecting the fact that "J.A.I.L. is the only answer."
It must be remembered that the public at large doesn't want to be educated. As the saying goes, "Ignorance is bliss." Mr. Wolfgram states "It is not that government has accomplished the 'impossible' of practically denying the right [of petition], but rather that the 'spirit of liberty' has almost 'wholly disappeared and the people have become servile and debased.' But 'fitness' to exercise the rights of freemen is never determined by the many who have become servile, but by the few who refuse, at any cost, to surrender their rights to government." [p.258] Ironically, some in the latter category are still not convinced that J.A.I.L. is the answer. However, as Ron and I are convinced, it's not IF they become convinced about J.A.I.L., but WHEN.
Apparently more time is needed for the People to continue fighting at the "bough level" of the tree-- at least they have progressed that far-- doing whatever they can to put more pressure on government (executive and legislative departments) to do the right thing, before they will become educated that such efforts will have no effect until they do something about the roots-- yes, the judicial system! The People have to be educated that writing to your congressman, voting for the right officials, withholding payment of taxes, and other pressures at the "bough level" aren't going to matter as long as the roots (the judiciary) remain untouched and allowed to continue feeding the corruption. The obvious conflict of interest within the system will continue as long as the People refrain from removing it. As long as that "feeding tube" remains intact, there will continue to be casualties for demanding, of the corrupt system, government obedience to the Constitution.
We believe that enough of the People already know that the judiciary is the problem. Even knowing that isn't enough however-- they must learn what they can DO about the problem. The People must be educated on the solution-- not on ways to continue fighting and complaining about the problem; and a non-violent solution is already here, waiting to be implemented by the People. It's all set forth in writing, and there is nothing else that meets its effectiveness for the People to actively become that "one force in the nation that can be depended upon to keep the government pure and the governors honest." They must be educated on the solution-- not on fighting the problem. People must become educated that J.A.I.L. is the only answer! Yes, there will always be those who refuse to accept that fact (the naysayers)-- it can't be avoided-- we know that. But that cannot and will not get in the way of progress! It's just a matter of time. We can already see progress being made-- at least to the "bough level."
Again I invite everyone to read the subject item in its entirety written by John Wolfgram. Much insight is given to why the judiciary is responsible for stealing our rights, and especially our Right to Petition for Redress. I review only some of the highlights here, to show by evidence that J.A.I.L. is the answer.
John starts out by saying "Immunity abridges the right to redress grievances with government." [p.258] He goes on to discuss sovereign immunity generally and its origins. Nothing in the Constitution grants sovereignty to government. The Constitution is to protect the unalienable rights of the sovereign people. However, government has organized itself, through enforcement by the judiciary, to protect itself from accountability to the people by granting itself immunity. The most egregious form of immunity is judicial immunity which is the foremost obstruction of judicial remedy and ability of the people to effectively communicate with government. Mr. Branson has been educated through the "School of Hard Knocks" for eighteen years, having become a victim of the abuse of judicial immunity, finally resulting in his creating the solution to it.
As John says, judicial immunity has created a kingship of the judiciary and designed "judicial supremacy" over the Constitution: "[W]e are harnessed with a judiciary that insists on immunity from the people based in the bygone philosophy of 'The Divine Right of Kings.' Per Justice Jay, the 'reason' America adopted that medieval judicial philosophy is his lack of the courage of constitutional conviction. A few years later, Justice Marshall designed judicial supremacy over the Constitution so that it now means whatever The Court says that it means. Between them, they found a novel way to avoid the 'messy business' of amending the Constitution. We can call that 'Constitutional Amendment by Judicial Fiat.' It is not legal, and in effect, it undermines the entire reason for having a constitution at all. That is just cause for grievance with our 'justice system.' The problem: how to capture the government's attention?" [p.269]
I'll bet J.A.I.L. might capture the government's attention!
J.A.I.L.'s Preamble states: (originally written for California) We, the People of California, find that the doctrine of judicial immunity has been greatly abused; and when judges abuse their power, the people are obliged - it is their duty - to correct that injury, for the benefit of themselves and their posterity. In order to ensure judicial accountability and domestic tranquility, we hereby amend Article I of our Constitution to add these provisions, which shall be known as "The Judicial Accountability Amendment."
Note that the objective of J.A.I.L. is judicial accountability and domestic tranquility, i.e., a peaceful revolution without violence. Our Republic deserves a chance at a non-violent method of restoration by the People before resorting to bloodshed. That is a very important entreaty of J.A.I.L. Give J.A.I.L. a chance first-- what is there to lose by doing so? At least it can be said in history that the People attempted to restore constitutional rule by safe and sane methods prior to seeing blood run in the streets. In such case the People can't be blamed for what happens if the peaceful method fails.
It is through judicial accountability that we will attain domestic tranquility. "...that government is accountable under the law for the wrongs that it does to the people... is a fundamental concept of civilization, as we know it. ...'rights' don't mean a thing unless enforceable; people enforce rights, either with bombs and guns, or in a civilized world, through effective compulsory process of law; to wit, the judicial remedy." [p.268] (emphasis added)
I emphasize the phrase "through effective compulsory process of law" which in today's system is NOT the judicial remedy to which the People are entitled. The judicial remedy has eroded into judicial tyranny through its corruption by judicial abuse of power. Therefore, in enforcing their rights by the terms of the Constitution, the people must, in a civilized world, devise an "effective compulsory process of law" as a people's autonomous function (independent of government) in order to transform judicial tyranny into "the judicial remedy" according to law. That "effective compulsory process of law" is J.A.I.L. which will provide the means of obtaining the judicial remedy (i.e., providing Redress of Grievances) by removing the obstruction of abusive judicial immunity (unaccountability) and holding judges accountable to the people. For the sake of the healthy future of this Republic, the people must maintain the fundamental concept of civilization as we know it, if at all possible.
A lot more is covered by Mr. Wolfgram in the above treatise which is also found at 31 UWLA Law Review 258. I hope enough was said here to explain the connection between the Right to Petition for Redress and J.A.I.L. In closing, I will quote two more provocative statements:
"The judiciary is a part of government and government does not want to see an effective Petition Clause because that nullifies arbitrary power at all levels. Effective petition rights create problems for all of government by requiring direct accountability of government officials to the people they injure. ... [T]he judicial theft of the First Amendment Petition of Right is a fact the judiciary has effectively concealed for over 200 years. Why should anyone believe that the judges would change that concealment and denial policy now?" [p.289]
"The point is not merely that the Judiciary usurped powers not delegated to it; but it has become so involved in and biased toward controlling the people for government, that it cannot fairly administer justice. The judiciary is no longer fit to perform its primary judicial function." [p.303]
John E. Wolfgram, B.A. Degree (University of Wisconsin), J.D. Degree (Southwestern University 1977). Wolfgram founded the Constitutional Defender Association in 1989 to advance Petition Clause Principles. Its name derives from the observation that the practical value of a Constitution depends on the effective enforcement of constitutional rights and limits against government, by the people. The Petition Clause is the People's Right to redress government violations of the Constitution. It is The Constitution's Defense system against government usurpation and oppression.
On behalf of National J.A.I.L., I thank John Wolfgram for his dedicated effort in this valuable research and publication. "How The Judiciary Stole The Right to Petition" should go a long way in educating the public. A strong requirement is their willingness to be educated! You may thank him by email at email@example.com -Barbie-
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