J.A.I.L. News Journal
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Los Angeles, California                                       February 10, 2006
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The Inherent Right of ALL People to Alter or Reform Abusive Government.
The Right Upon Which All Other Rights Depend
www.SouthDakotaJudicialAccountability.org
The Torchbearer for J.A.I.L. Nationally - Support Them!
P.O. Box 412, Tea, S.D. 57064  -  (605) 231-1418
 
Will J.A.I.L. Lead To Anarchy?
To the contrary, J.A.I.L. will restore our Constitutional Government!
By Barbie, National J.A.I.L., victoryusa@jail4judges.org
 
Another frivolous argument posed by opponents to Amendment E, the Judicial Accountability Amendment on this year's ballot in South Dakota, is that the Amendment will throw the system into anarchy. To quote Mr. Chet Brokaw of the Associated Press in the January 20th edition of the Aberdeen American Press: "Lawyers opposing the proposed amendment have said it would undermine the independence of South Dakota judges and would plunge the court system into anarchy."
 
"Anarchy" applies to society, to the People --not to a court system which is intended to be the core of the judicial branch of government. "Anarchy" is defined in Black's Law Dictionary, Rev.4th Ed. at page 110: "Absence of government; state of society where there is no law or supreme power; lawlessness or political disorder; destructive of and confusion in government." [citation omitted]
 
The best description of "anarchy" I have found in my research is in "The Second Treatise of Civil Government" (1690) by John Locke, at Chapter XIX "Of the Dissolution of Government" Sec. 218, which reads:
 
Sec. 218. Why, in such a constitution as this, the dissolution of the government in these cases is to be imputed to the prince, is evident; because he, having the force, treasure and offices of the state to employ, and often persuading himself, or being flattered by others, that as supreme magistrate he is uncapable of controul; he alone is in a condition to make great advances toward such changes, under pretence of lawful authority, and has it in his hands to terrify or suppress opposers, as factious, seditious, and enemies to the government: whereas no other part of the legislative, or people, is capable by themselves to attempt any alteration of the legislative, without open and visible rebellion, apt enough to be taken notice of, which, when it prevails, produces effects very little different from foreign conquest. Besides, the prince in such a form of government, having the power of dissolving the other parts of the legislative, and thereby rendering them private persons, they can never in opposition to him, or without his concurrence, alter the legislative by a law, his conse power, neglects and abandons that charge, so that the laws already made can no longer be put in execution. This is demonstratively to reduce all to anarchy, and so effectually to dissolve the government: for laws not being made for themselves, but to be, by their execution, the bonds of the society, to keep every part of the body politic in its due place and function; when that totally ceases, the government visibly ceases, and the people become a confused multitude, without order or connexion. Where there is no longer the administration of justice, for the securing of men's rights, nor any remaining power within the community to direct the force, or provide for the necessities of the public, there certainly is no government left. Where the laws cannot be executed, it is all one as if there were no laws; and a government without laws is, I suppose, a mystery in politics, unconceivable to human capacity, and inconsistent with human society. [Emph. added]
http://www.constitution.org/jl/2ndtr19.htm
 
Anarchy happens when "there is no longer the administration of justice for the securing of men's rights, nor any remaining power within the community to direct the force, [i.e., no provision by which the People can enforce the Constitution] or provide for the necessities of the public" resulting in the absence of government and the people becoming "a confused multitude, without order or connexion." (Supra.)
 
Anarchy results from the effectual dissolution of government by its failure and refusal to protect the People's rights. See the emphasized portion above. Another way anarchy is brought about to society is by breach of the public trust as explained in Sec. 221 of the same treatise: 
 
Sec. 221. There is therefore, secondly, another way whereby governments are dissolved, and that is, when the legislative, or the prince, either of them, act contrary to their trust. First, The legislative acts against the trust reposed in them, when they endeavour to invade the property of the subject, and to make themselves, or any part of the community, masters, or arbitrary disposers of the lives, liberties, or fortunes of the people. (Id.)
 
And one more way anarchy is created is by usurpation of power:
Sec. 219. There is one way more whereby such a government may be dissolved, and that is: When he who has the supreme executive power neglects and abandons that charge, so that the laws already made can no longer be put in execution [e.g., Constitution suspended and replaced by "emergency powers" --Executive Orders]; this is demonstratively to reduce all to anarchy, and so effectively to dissolve the government. (Id.)
 
Thomas Jefferson defined the purpose of government as follows:
"The purpose of government," as Thomas Jefferson said, "is to allow for the preservation of life and liberty, and the pursuit of happiness."
[Emph. added]
"The Theory of Government" by Peter Landry
http://www.blupete.com/Literature/Essays/BluePete/Government.htm#fn20
 
John Locke has described the purpose of government in Chapter IX, Sec. 124 thusly:
Sec. 124. The great and chief end, therefore, of men's uniting into commonwealths, and putting themselves under government, is the preservation of their property. ... [Emph. added]
http://www.constitution.org/jl/2ndtr09.htm
 
When the purpose of government ceases, i.e., when the preservation of the People's life, liberty, and pursuit of happiness --the preservation of their property-- ceases, then government visibly ceases.
 
...for laws not being made for themselves [government], but to be, by their execution, the bonds of the society, to keep every part of the body politic in its due place and function; when that totally ceases, the government visibly ceases,  [Emph. added]
Locke, Chapter XIX, Sec.218 (supra.)
 
Government is the "common force" which acts as a substitute for the collective right of individuals, and its reason for existing is based on individual right, further explained as follows:
"If every person has the right to defend - even by force - his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. This principle of collective right - its reason for existing, its lawfulness - is based on individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute. Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force - for the same reason - cannot lawfully be used to destroy the person, liberty, or property of individuals or groups."
(Bastiat, The Law, 1850.)  
"The Theory of Government" by Peter Landry, (supra)
 
The problem with government power is corruption.
The most serious problem with power, to which Lord Acton referred, and which is quite separate from the aggravation of dealing with besotted magistrates: is that it corrupts. ... [T]he best thing, as Thomas Jefferson pointed out, is to "guard against corruption and tyranny ... before they shall have gotten hold of us. It is better to keep the wolf out of the fold than to trust to drawing his teeth and talons after he shall have entered."  (Id.)
J.A.I.L. (Amendment E) will "keep the wolf out of the fold."
 
Because of government's propensity for corruption, the People must force its obedience by treating it as a trained guard dog, restraining it by the tight leash of J.A.I.L.
 
Government cannot give life, it cannot give liberty, and it cannot give happiness; it can only take such things away. Liberty, or freedom, is a topic which arises in any discussion concerning government; and it arises, not because government can contribute to freedom, in any way, but rather because government invariably, due to its very nature, encroaches on freedom. Government is to be treated as a trained guard dog, to be led out into the crowd by its handlers under strict control and sharp command. Usually the mere presence of Government power is enough to remind people to leave the liberty of others alone so that each person, unfettered in any way except by proper law, through individual choice, might create wealth; and to use it or preserve it, as they should choose.
"The Theory of Government" by Peter Landry, (supra)
 
Anarchy, the state of nature of mankind, which results in inconvenience and confusion in society, causes the People to form a government as a remedy for the disorganization of mankind in the state of nature. Therefore, the court system functioning properly according to law, is a remedy for anarchy and would not be a victim of anarchy as "lawyers opposing the proposed amendment have said" according to the news article mentioned above. J.A.I.L. (Amendment E) will assure that the court system does function properly according to law which will indeed restore the existence and function of government and eliminate the state of anarchy that naturally exists in the absence of government and under the current foreign power causing chaos and frustration to the People. Locke describes this remedy in Chapter II, Of the State of Nature, Sec. 13:

Sec. 13. To this strange doctrine, viz. That in the state of nature every one has the executive power of the law of nature, I doubt not but it will be objected, that it is unreasonable for men to be judges in their own cases, that selflove will make men partial to themselves and their friends: and on the other side, that ill nature, passion and revenge will carry them too far in punishing others; and hence nothing but confusion and disorder will follow, and that therefore God hath certainly appointed government to restrain the partiality and violence of men. I easily grant, that civil government is the proper remedy for the inconveniencies of the state of nature, which must certainly be great, where men may be judges in their own case, since it is easy to be imagined, that he who was so unjust as to do his brother an injury, will scarce be so just as to condemn himself for it: but I shall desire those who make this objection, to remember, that absolute monarchs are but men; and if government is to be the remedy of those evils, which necessarily follow from men's being judges in their own cases, and the state of nature is therefore not to be endured, I desire to know what kind of government that is, and how much better it is than the state of nature, where one man, commanding a multitude, has the liberty to be judge in his own case, and may do to all his subjects whatever he pleases, without the least liberty to any one to question or controul those who execute his pleasure and in whatsoever he doth, whether led by reason, mistake or passion, must be submitted to. Much better it is in the state of nature, wherein men are not bound to submit to the unjust will of another. And if he that judges, judges amiss in his own, or any other case, he is answerable for it to the rest of mankind.  [Emphasis added]http://www.constitution.org/jl/2ndtr02.htm

As can be seen by the last sentence above, a judiciary accountable to the People is necessary "if government is to be the remedy of those evils" making it much better in the state of nature "wherein men are not bound to submit to the unjust will of another."  And it is the People to whom the judiciary must be held accountable:
 
Sec. 240  ... Who shall be judge, whether the prince or legislative act contrary to their trust? ... To this I reply, The people shall be judge; for who shall be judge whether his trustee or deputy acts well, and according to the trust reposed in him, but he who deputes him, and must, by having deputed him, have still a power to discard him, when he fails in his trust? If this be reasonable in particular cases of private men, why should it be otherwise in that of the greatest moment, where the welfare of millions is concerned, and also where the evil, if not prevented, is greater, and the redress very difficult, dear, and dangerous?
John Locke, at Chapter XIX "Of the Dissolution of Government" (supra.)
http://www.constitution.org/jl/2ndtr19.htm
 
When the government has ceased protecting the rights of the People and thereby has ceased to exist as government, the People are at liberty to provide for themselves by reforming and restoring government to what it was meant to be when originally instituted for their safety and happiness:

Sec. 220. In these and the like cases, when the government is dissolved, the people are at liberty to provide for themselves, by erecting a new legislative, differing from the other, by the change of persons, or form, or both, as they shall find it most for their safety and good: for the society can never, by the fault of another, lose the native and original right it has to preserve itself, which can only be done by a settled legislative, and a fair and impartial execution of the laws made by it. But the state of mankind is not so miserable that they are not capable of using this remedy, till it be too late to look for any. To tell people they may provide for themselves, by erecting a new legislative, when by oppression, artifice, or being delivered over to a foreign power, their old one is gone, is only to tell them, they may expect relief when it is too late, and the evil is past cure. This is in effect no more than to bid them first be slaves, and then to take care of their liberty; and when their chains are on, tell them, they may act like freemen. This, if barely so, is rather mockery than relief; and men can never be secure from tyranny, if there be no means to escape it till they are perfectly under it: and therefore it is, that they have not only a right to get out of it, but to prevent it. (Id.)

As stated above, the People (society) can never, by a despotic power, lose their inherent right to preserve themselves against such despotism which can be done only by re-establising a righteous government where laws under the original Constitution are faithfully executed in a fair and impartial manner. And re-establishing a righteous government, through an accountable judiciary, can be done only by J.A.I.L., "Amendment E" in South Dakota.
 
For the current power structure of the state of South Dakota, operating under color of office, to tell the South Dakotans that Amendment E should not be passed; that their liberty is assured under the current system despite their slave status under the despotic state, is actually telling them to pursue their life, liberty, and happiness while being slaves to the state, and while their "chains are on" the South Dakotans may "act like freemen." As stated by Locke, such a representation by the government imposters in South Dakota "is rather mockery than relief" and the South Dakotans "can never be secure from tyranny if there be no means to escape it till they are perfectly under it."  Therefore, the People of South Dakota (or any state) "have not only the right to get out of [tyranny], but to prevent it." (See Sec. 220, supra.) And this they MUST do, by passing Amendment E this November.
 
Furthermore, as the inherent right of the People to preserve themselves against absolute despotism, the Declaration of Independence acknowledges this right as THE DUTY of the People to abolish the tyranny, and prevent it by replacing it with a righteous government. Passing Amendment E in November is the DUTY of all South Dakotans.
 
People: Don't be fooled!!
 
-Barbie-
ACIC, National J.A.I.L. Admin.
victoryusa@jail4judges.org

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