J.A.I.L. News Journal
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Los Angeles, California                                           March 17, 2005
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ONE GLARING DEFICIENCY
By Henry Jake Morgan, henrymorgan@knology.net

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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.
                                                            Thomas Jefferson 

If government can selectively ignore provisions of the Constitution as it pleases, the people, to whom the government belongs, can never clearly assess whether any parts of the Constitution may need adjustment. It was for this reason that Public Officers were required by the Constitution to take an Oath to faithfully obey it.
 
By ignoring portions of the Constitution, politicians effectively destroy "government by the people" and in its place inject their personal 
passions and prejudices, thereby muddying the waters making it impossible for the people to effectively govern.

Their (politicians') contention that they actually constitute a legitimate government because they follow the Constitution --sometimes, to some degree, in some of its particulars-- is a lie--  to mask the fact of the lawless, treasonous, rebellious coup de etat' they have effected, and to keep the people believing that they own (and therefore will continue to support and pay for) "their" government.

The Constitution was crafted as a unified whole, with the intention to create a limited servant government, to perform 17 specific tasks --and nothing else!

The government, created by the Constitution, was crafted with the intention that all of its parts and functions were necessarily interdependent requiring, like the parts of a fine watch, ALL parts to function properly in order to create a nearly perfect whole. The severe limitations placed upon government played no less a part in defining it than the forms and powers it was granted.

By their "selective obedience" to the Constitution, politicians and bureaucrats have effectively taken power, like the host of petty tyrants that they are, and enthroned themselves; effectively replacing "self-government" by the people. Without strict obedience to the Constitution by public servants, no sound judgments can be made by the people as to what parts of it are working, what parts are not, and therefore needful of repair --with one exception.

The very fact that government actors are able to ignore the Peoples Law, --the Constitution-- selectively and with impunity lays bare ONE GLARING DEFICIENCY.

It should be obvious by now, to any who will look, that the Constitution lacks any effective provision by which the people may handily, efficaciously, and speedily enforce its provisions upon the rebellious actors who, from time to time,  occupy the offices of the government that it (the Constitution) establishes.

It is a deficiency so grave that the intention of the Founders and Framers for self-government of and by the people has never, from the very day the Constitution was ratified, EVER come effectively into full flower. We, as a people, since 1789, have only had, when lucky enough to see men of honor in government who took their oath of office as their iron bond, the briefest flashes of the kind of liberty, freedom, justice, happiness, and prosperity that were the promise of the Founders' dream.

Yet even though imperfect in execution, this Constitution has provided a framework, a virtual "greenhouse" in which the American people have raised up the greatest nation ever to have graced this planet. And, conversely, to the ever-increasing extent that government actors ignore its (the Constitution's) provisions with impunity, the great nation that grew up girded by its frame has begun to whither and die.

THE ONE GLARING DEFICIENCY in that Constitution has now become obvious and critical of repair, if America is to have any hope of regaining its position as the beacon of liberty, the "shining city on a hill," a light to the world, that it so briefly was.

THAT ONE GREAT DEFICIENCY.....  which more than any other, is at the root of our current public turmoil, distress, national unhappiness;

THAT ONE GREAT DEFICIENCY......  which constitutes the greatest crisis of our times, is the simple lack of any truly effective mechanism in the Constitution by which the People can readily discipline government actors, who ignore the Constitution's mandates and prohibitions and, thereby, grant themselves, in an orgy of blatant, continuous, and ever-expanding usurpation, powers nowhere granted in it.

The Founders' dreams of "self government", "government of laws - not men", "government of, by and for the people"  are crashing, dying, on the shoals of this one deficiency.

I believe the solution is at hand.

A corrective Amendment has been proposed. It is, in my opinion, as well crafted in its language and in its substance as any devised by the Founders and Framers.

It provides an efficient mechanism by which the People can readily enforce Their Law (the Constitution).

If it is adopted, the People will be able to enforce the Constitution upon Their Government, and thereby

(a) for the first time in our history, be fully and truly in control;

(b) and, for the first time, be able to see the Constitution operate --unhindered by political exigencies-- and thereby be able to ascertain whether any other part of it is wanting of correction.

UNTIL THE CONSTITUTION IS BROUGHT FULLY INTO ENFORCEMENT, NO VALID DECISION CAN BE MADE AS TO WHETHER OR NOT IT NEEDS TO BE "alter[ed] or abolish[ed]."

I hope you will examine the proposed Amendment closely. I believe you will, upon examination, find it to be of the highest necessity to accomplish. And I hope that you will join the effort to make it a reality in whatever way, small or great, that you are able.

I believe that our future happiness, and that of our children, and all future generations, --perhaps even the future of the entire world-- hangs in the balance. This is, seen in its proper light, no less momentous a crisis than the War for Independence, which gave us birth.

I urge you to examine the proposed Judicial Accountability Amendment to your own satisfaction at: href="../../State_Chapters/dc/DC_initiative.doc">www.jail4judges.org  and having done so,   to add the weight of your will, and of whatever means you can bring to bear, to the effort for it's adoption as an Amendment to each state's Constitution, and then as an Amendment to the Constitution for the united States of America.

The Founders and Framers struck a mighty blow for liberty. We have enjoyed the incredible fruits of their legacy.  But now the torch of liberty is in OUR hands.  It is OUR responsibility now.

We must forge on.....to perfect their dream!

We must not drop the torch.

---- Henry "Jake" Morgan
henrymorgan@knology.net

J.A.I.L.- Judicial Accountability Initiative Law - href="../../State_Chapters/dc/DC_initiative.doc">www.jail4judges.org
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