173 lines
11 KiB
Plaintext
173 lines
11 KiB
Plaintext
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CORRECT ABUSE
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Now let's look into the process of how we can protect
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ourselves from this brand of justice. All federal judges,
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that is, ones who are selected by the president and approved
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by the senate hold their offices during "good behavior."
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This is what is known in government circles as an
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'Article III' judge. These are the judges who are supposed
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to be completely free from any influence of the other two
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branches of government.
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Other judges who are not Article III judges include
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bankruptcy judges, immigration judges, magistrates, tax
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court judges which come under Article I (congressional)
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control. Any judge who is appointed for a specified period
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is not an Article III judge.
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However, when Article III judges are being coached by
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the executive branch (IRS) and have become a rubber stamp for
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approving unconstitutional governmental actions, they are no
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longer free from influence.
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Let's get into the definition of good behavior. The
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dictionary defines it as: "To conduct ones self well or to do
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the right thing." Pretty simple . . . Any school child
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should have been able to define that one. The law dictionary
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says much the same: "orderly and lawful conduct." However,
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when we speak of federal judges and good behavior, we have to
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get into lawful conduct.
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Their oath specified that they will administer justice
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to the poor and to the rich and will faithfully and impar-
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tially discharge and perform all duties agreeably to the
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Constitution and laws of the United States.
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The key to impeachment are the words agreeably to the
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Constitution and laws of the US. A law of the US is one
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which fulfills constitutional requirements. Any law out of
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sync with the Constitution is not a law of the US.
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Any law which is a violation of the Constitution, and is
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upheld, is a violation of the judges oath and therefore can't
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be considered good behavior. Congress gave judges 'dis-
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cretion' but this will not cover up a constitutional viola-
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tion. Nor will it cover up a violation of a valid US law.
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If a law is agreeable with the Constitution and a judge
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violates such a law, it's not good behavior. If a federal
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judge upholds a law which is not valid under the Constitu-
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tion, it does not fit into the definition of good conduct.
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Not even the Congress can give a judge the latitude to break
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their oath or the Constitution nor a valid law. This is in
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the area of malconduct which Hamilton in the Federalist
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Papers called the basis for impeachment.
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The law dictionary defines malconduct as "Ill conduct,
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especially dishonest conduct, or, as applied against
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officers, official misconduct." For malconduct, Hamilton
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said that they are likely to be impeached by the House of
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Representatives and tried by the Senate; and, if convicted
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may be dismissed from office and disqualified from holding
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any other.
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Federal judges will be quick to point out that they are
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following the rules of civil or criminal procedure. However,
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if their action violates the Constitution or a valid law,
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court rules must fall.
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These court rules are usually proposed, written or
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rewritten at judicial conferences or with special committees
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established for that purpose. These rules then go to the
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Supreme Court for revision or agreement and then are
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submitted to Congress for their approval.
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All authority for operation of the judicial system must
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come from Congress. It's clear how many lawyers are in
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Congress "taking care of their brothers in the legal
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profession." Any law, any rule, any regulation must conform
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to the power which we have delegated to the national govern-
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ment. There are no exceptions to this!
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Now, let's look at what is probably the proper procedure
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to follow . . . We have to go to the House of Representatives
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with our complaint against a federal judge.
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Start with your own representative and file your
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complaint as a Petition For Redress of Grievances. The
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subtitle should be "Request for Impeachment of a Federal
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Judge." Cite the violations of the Constitution or laws of
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the United States with which you are accusing the judge.
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There is a copy on file at the end of this book. Print it
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out on any printer and you have your petition.
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Send a copy to the House Judiciary Committee. Simply
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address it: House Judiciary Committee, US Congress,
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Washington, D.C. 20515. They are required by the Constitu-
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tion (Art I, Sec 2, cl 5) to investigate the complaint and
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you must insist that the requirements of the Constitution be
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followed.
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Cite that particular Article, section and clause as
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authority for impeachment. Send all your papers by certified
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mail so no one will be able to say they have never received
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your complaint. If you hear nothing in a reasonable time,
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follow it up with more letters.
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Call your representative when they are in town and ask
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about your petition. Don't be surprised if you do not
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receive an answer, they will be resistant to changes in their
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power structure. There is no question that you will have to
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be forceful but be firm.
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I don't believe anyone has to be disrespectful. I was
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once told that you can catch more flies with honey than you
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catch with salt. And, I have found it to be true. How you
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handle that aspect of your complaint is entirely up to you.
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If it wasn't true that they are working for you, they
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wouldn't be coming home every so often and begging you to
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vote for them and send them back to the funny farm!
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Send a copy to your Senators also. Since they will be
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required to try the case of impeachment, (Art I, Sec 3, cl
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5) it will help your cause if they are made aware in advance.
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You also may pick up some valuable help along the way.
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Be firm in your conviction and honest in your charges
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against the judge. If the judge has broken a law, spell it
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out. If there is a constitutional violation which you can
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cite, give it to them. Above all, put your entire complaint
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down in your own words, don't make it sound like it was
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something in a form letter you are following.
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The more simple it is written, the easier it will be for
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Congress to understand it. When these people are flooded
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with complaints, something will be done. You might also send
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a copy to your local newspapers and generate some local
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pressure on the people in Congress who are supposed to be
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upholding the Constitution.
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You will never know if someone else reads about your
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petition in the newspaper that they may also have a strong
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complaint against the same judge in another area of viola-
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tions and it could only strengthen your complaint.
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There is much work to be done but it a necessary task if
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we are to restore our original form of government. Wouldn't
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it be reassuring if we knew the judicial branch was in fact
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independent of the other two branches of government and had
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not been coached to their actions by the executive or
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legislative branches of government?
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I feel it would be appropriate here to bring up another
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point about federal judges that I wish the readers would
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consider. That is this business of judges holding their
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appointments for life. Because of the course of events in
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recent years, it might be a good idea now to get the Congress
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to approve another amendment to the Constitution.
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That federal judges be appointed for a specified period,
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let's say six years. They then would have to go through
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reappointment by the president and reconfirmation by the
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Senate with the provision for input from the people when
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confirmation hearings are to be held.
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It would give us some say-so on appointment of people
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who are supposed to be the protectors of American citizens.
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If the Congress would approve such an amendment, it would
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then have to be sent to the states for ratification and that
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is where we come in.
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The Framers of the Constitution felt that the appoint-
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ment of judges for life (or during good behavior) would
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insure that they would remain independent. We can safely say
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that this has not been true. Of course, the Founders
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admitted they were not infallible so they established the
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amendment process.
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Today, when we can point out a failure in their wisdom,
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it is up to us to change that error and amend the basic
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document. All the delegated powers came from us and they
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still come from us! Let's insist that these powers be
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followed to the letter.
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Our rights in the Constitution cannot be stepped on by
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the judicial branch of the government anymore than they can
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be ignored by the others. These rights are not subject to
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the will of the judges and lawyers, they are absolute!
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WHEN YOU REGISTER, PLEASE LET ME KNOW
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IF YOU ARE INTERESTED IN A MONTHLY NEWSLETTER.
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SEE THE SALES PITCH CHAPTER.
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