J.A.I.L. News Journal
Judicial  Accountability  Initiative  Law
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Los Angeles, CA.                                          December 7, 2007
A Public Service Announcement to America
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The Battle Lines are Drawn:  J.A.I.L. versus The Foreign Power 

A Power Foreign to Our Constitution


Mission Statement      JNJ Library        ederal J.A.I.L.

FAQs              What?MeWarden?


Forfeiture of

The Great American Experiment 

 

(Forfeited for Want of an Enforcement Provision in the Constitution)

 by Barbie, ACIC, National J.A.I.L.

victoryusa@jail4judges.org

 

The "Great American Experiment" (GAE) was launched upon the founding of this great nation --which is still great, despite the foreign power that has assumed mastery over it and destroyed the American fabric from within. The bedrock for the GAE lies on the principles set forth in our founding document, the Declaration of Independence (DOI), adopted July 4, 1776 which is the logical place to begin this discussion.

 

        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 forms, as to them shall seem most likely to effect

        their safety and happiness. Declaration of Independence [pertinent portion]

 

This is where it all starts-- the principles for political life in America don't get any more basic than the self-evident truths enunciated above. That's where the Great American Experiment has to start, and where it does start. It begins with the People who are the only sovereign individual beings on earth, each created by his/her Creator Who endowed each of them with inherent rights as part of their being. Together with those inherent rights is the right to have them protected. The protection of rights is inseparable from the right itself.

 

There is no other creature on earth possessing that sovereign station and properties-- no corporation, no state, county or city, nor anyone in an official capacity of power, whether king, justice, judge, governor, or president on down. All of their power must be derived from the sovereign People, by their consent, according to the laws of nature. Any power other than that is stolen, confiscated, and usurped which amounts to counterfeit power, as despotism which controls populations of the world. The GAE is an attempt to fashion America according to the basic laws of nature, respecting the fact that all political power rests in the People. The American People were given a glorious opportunity by the GAE to realize that kind of life in this country, but it was up to them to see that it would be protected.

 

The United States of America was founded as a bold experiment designed to demonstrate the possibility of creating a society governed by ordinary citizens that gives full expression to the ideals of liberty, justice, and opportunity for all. In its time it was a truly audacious idea. When the founders boldly declared that all men are created equal and that governments derive their power from the consent of the governed, the evidence of 5,000 years of rule by hereditary emperors, kings, and feudal lords suggested such an idea might even be contrary to human nature. Renewing the American Experiment by David Korten http://www.yesmagazine.org/article.asp?ID=1004

 
According to philosopher John Locke, under whose influence the DOI was written, there are three sources of power:  (1) By Nature (paternal), (2) By Consent (political), or (3) By Conquest (despotic):
Sec. 173. Nature gives the first of these, viz. paternal power to parents for the benefit of their children during their minority, to supply their want of ability, and understanding how to manage their property. (By property I must be understood here, as in other places, to mean that property which men have in their persons as well as goods.) Voluntary agreement gives the second, viz. political power to governors for the benefit of their subjects, to secure them in the possession and use of their properties. And forfeiture gives the third despotical power to lords for their own benefit, over those who are stripped of all property.
Chapter XV - Of Paternal, Political, and Despotical Power, considered together
 
Power BConsent (politicalrules out Power BConquest (despotic) and vice-versa. Both sources of power cannot exist simultaneously. 
"We shall have world government, whether or not we like it," declared international banker James P. Warburg (CFR) in testimony before the Senate Foreign Relations Committee in 1950. "The question is only whether world government will be achieved by consent or by conquest." [emph. added -j4j]  The Price of Losing by William P. Hoar
 
The GAE was based on Power By Consent of the People according to the laws of nature. Certain state Constitutions acknowledge "All political power is inherent in the people." That fact is indeed true; however it must be respected in practice and not just acknowledged in theory. It is also a "truism" that "Nature abhors a vacuum." Power By Consent is a form of liberty, an unalienable right. Thomas Jefferson is attributed with saying, "The Price of Liberty is Eternal Vigilance."  That is the power by which the People were to institute government to protect their rights. The Constitution was written as the People's Power of Consent for government. See The Consent of the Governed is the U.S. Constitution http://www.jail4judges.org/JNJ_Library/2007/2007-01-30B.html. The People must remain eternally vigilant to maintain the use of that right, otherwise it will be lost by forfeiture and the vacuum left will at once be filled by Power By Conquest (despotism), by default.
 
To protect their Power By Consent, the People should have insisted on having an enforcement provision included in the Constitution to make it meaningful, just as they insisted on having a written Declaration of Independence, a Constitution, and a Bill of Rights, all constituting the GAE. Negligence of the People in any aspect of the GAE would cause them to forfeit all of it. And that's precisely what happened: For want of an enforcement provision in the Constitution to protect the People's Power By Consent for government, they forfeited their golden opportunity to realize the Great American Experiment!
 
John Locke, in his 1600s archaic English, describes it thusly:
Sec.175. THOUGH governments can originally have no other rise than that before mentioned, nor polities be founded on anything but the consent of the people, yet such have been the disorders ambition has filled the world with, that in the noise of war, which makes so great a part of the history of mankind, this consent is little taken notice of; and, therefore, many have mistaken the force of arms for the consent of the people, and reckon conquest as one of the originals of government. But conquest is as far from setting up any government as demolishing a house is from building a new one in the place. Indeed, it often makes way for a new frame of a commonwealth by destroying the former; but, without the consent of the people, can never erect a new one. 
Chapter XVI - Of Conquest by John Locke
http://www.constitution.org/jl/2ndtr16.htm
 
In place of Eternal Vigilance, the People are now paying a much higher price for life in America, no longer free, as a result of the takeover of Power By Conquest in the absence of a means of enforcing their Power By Consent. We are now run by "might makes right":
 
Sec. 176. That the aggressor, who puts himself into the state of war with another, and unjustly invades another man's right, can, by such an unjust war, never come to have a right over the conquered, will be easily agreed by all men, who will not think, that robbers and pirates have a right of empire over whomsoever they have force enough to master; or that men are bound by promises, which unlawful force extorts from them. Should a robber break into my house, and with a dagger at my throat make me seal deeds to convey my estate to him, would this give him any title? Just such a title, by his sword, has an unjust conqueror, who forces me into submission. The injury and the crime is equal, whether committed by the wearer of a crown, or some petty villain. The title of the offender, and the number of his followers, make no difference in the offence, unless it be to aggravate it. The only difference is, great robbers punish little ones, to keep them in their obedience; but the great ones are rewarded with laurels and triumphs, because they are too big for the weak hands of justice in this world, and have the power in their own possession, which should punish offenders . ... Of Conquest, supra
 
The People of the colonial era were very restless and rebellious. To keep them from further rebelling, there not only had to be written an official document declaring their extant sovereign and independent status as individuals according to the laws of nature and of nature's God, together with their inherent right to separate from British tyranny, specifically listing the causes for that separation, they also insisted on having established on their behalf a means by which those self-evident truths could be realized, particularly setting forth the specific principles comprising their consent by which to institute a serving government to assure that their rights as sovereign and independent individuals would be protected from a similar type of tyranny from which they had recently separated.
 
Thus, after years of wrangling by the framers, to initially fulfill this demand of the People, the Constitution for the United States of America was deemed sufficiently ratified in convention for establishment on "the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty-seven and of the Independence of the United States of America the twelfth." The Constitution as ratified in 1787 was not sufficient to totally satisfy the demands of the People to secure their inherent rights, and so a collection of mutually reinforcing guarantees of individual rights and also of limitations on federal and state governments, commonly referred to as "The Bill of Rights," was adopted together as the first ten Amendments to the Constitution on December 15, 1791, theoretically completing the Great American Experiment. However, the GAE had not yet become successful. It lacked enforcement. 
 
In the phrase "We, the people..." our Constitution expressed the revolutionary idea that "the people" could set up "governments of their own, under their own authority."  
The American Experiment by John Gardner
 
This "revolutionary idea" was a fulfillment of the Declaration of Independence which sets forth "That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed...."  Indeed, the People in that day were revolutionary; and they insisted on having the self-evident truths under the laws of nature and of nature's God, as they applied to them, memorialized in writing and forever recorded in the annals of history of this country, publicly announcing this revolutionary truth.     
 
This revolutionary truth was aptly described by President James Monroe in his Second Inaugural Address on March 5, 1821:
In this great nation there is but one order, that of the people, whose power, by a peculiarly happy improvement of the representative principle, is transferred from them, without impairing in the slightest degree their sovereignty, to bodies of their own creation, and to persons elected by themselves, in the full extent necessary for all the purposes of free, enlightened and efficient government. The whole system is elective, the complete sovereignty being in the people, and every officer in every department deriving his authority from and being responsible to them for his conduct.
 

President Monroe's description is illustrative of inherent, everlasting, and self-evident truth, acknowledged in the Declaration of Independence. Yet, this eternal truth is not being realized by the American People. 

 

Contemplating life of the American People since the Founding casts an eerie pall over the reality of the situation, showing it to actually be the antithesis of the revolutionary truth describing the principles of this great nation, to the point that we aren't able to relate to it whatsoever --for instance "the complete sovereignty being in the people, and every officer in every department deriving his authority from and being responsible to them for his conduct." It sounds quite foreign to our lives today, and in fact it is!

 

It is reported in Will the Great American Experiment Succeed? at

http://www.xmission.com/~nccs/articles/ril71.html that the GAE acknowledged the following principles:
  • It acknowledged that individual rights are derived from a Creator.

  • It was based on enduring principles compatible with "the laws of nature and of nature's God."

  • It recognized human imperfection and that a tendency to abuse power is ever present in the human heart.

  • It restrained those in power through a written Constitu­tion which carefully divided, balanced, and separated the powers of government and then intricately knitted them back together again through a system of checks and balances.

  • It left all powers with the people, except those which, by their consent, the people delegated to government ­and then made provision for their withdrawing that power, if it was abused.

Despite those acknowledgements, for whatever reason the framers failed to include in the Constitution a provision for the People to enforce those principles; and for whatever reason the People did not insist that such enforcement provision be made, after insisting that they have the assurance that their rights would be protected by a government they would institute! In Federalist No.15, Alexander Hamilton recognized that laws, to be meaningful, must be enforceable-- yet he did not apply that principle to the supreme law of the land.
 
Government, according to Hamilton [Federalist 15], involves the power not only of making laws, but of enforcing them. For if they are without sanctions, "resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation."  Sovereignty and Democracy  by Marc F. Plattner
 
Hence, the Constitution without sanctions (enforcement) "amounts to nothing more than advice or recommendation." However, the People must invigorate it. See We Must Invigorate The Constitution We've Inherited http://www.jail4judges.org/JNJ_Library/2007/2007-11-05.html in which we concluded:
[The] second American Revolution can be accomplished only by the passage of J.A.I.L. which will invigorate the dormant Constitution we have been given with the vital enforcement provision for the People which will at last create the American government we've never had before! By the People holding judges accountable to the terms of the Constitution, as written, our government will finally be born after 230 years of unconstitutional plutocratic merchant and financial control-- 230 years of buildup of unauthorized international corporate behemoths that have overtaken our beloved country will be made low. The agencies of the despotic corporatist Foreign Power will be dissolved, once the People are able to exercise their sovereign power over their newly created government, even 230 years after the Founding of America! Better late, than never. 
"The American Experiment is still in the laboratory" waiting for the People to bring it to life. We have the written skeleton to work with. All it needs is a blood transfusion, called "J.A.I.L." http://www.jail4judges.org/state_chapters/dc/DC_initiative.html which is already prepared and ready to do its wonders, as soon as the People wake up and demand an enforcement mechanism to make it work:
 
When the American spirit awakens it transforms worlds. But it does not awaken without a challenge. ... We can best gird ourselves for the path ahead by re-igniting some of the seminal, explosive ideas of the past: the ideas I've already listed and others--not least the old, great, American idea of getting people off other people's backs--an idea we are still working on after all these years. The American Experiment is still in the laboratory. And there could be no nobler task for our generation than to move that great effort along.
The American Experiment by John Gardner (supra)
 
J.A.I.L. is the ONLY way the American People will realize the fulfillment of the Great American Experiment. It is after the same principle as set forth in Jeremiah 29:13: And ye shall seek me, and find me, when ye shall search for me with all your heart. 

 

 

 

 

 

 

 


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their acts of pretended legislation.    - Declaration of Independence
 
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