LEGAL EVIL? In their own words - Revised and Updated to include Proposed Legislation Language sent to my MN US Representative, Michele Bachmann

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Here No Evil, See No Evil, Speak No Evil

With the US Judiciary's reputation for integrity and honesty firmly embedded in the minds of WE THE PEOPLE, what standing does any single Citizen have to challenge their reputations? To overcome this handicap, I will use the American Legal System’s own words to expose the true nature of their integrity and character.

Let us begin with the words of former FBI director J Edgar Hoover:

"The individual is handicapped by coming face to face with a conspiracy so monstrous he cannot believe it exists.''

Next, I am going to use the words of Judges themselves.  Judges allege that they reach conclusions by citing existing case law aka previous rulings of judges.

In my research on immunity for Judges and States, I was astonished and dismayed to learn the liberties the Judges had taken, and leaps of logic they had used, to interpret and write case law and rules in their favor.

The first cases I will cite are:

Wiggins v Hess (1976, CA8 Mo) 531 F2d 920

"Judicial immunity applies even when judge acts maliciously and corruptly; judge loses his immunity from liability for damages in violation of 42 USCS &1983 ONLY if he acts in clear absence of jurisdiction."

and:

Holloway v Walker (1985, CA5 Tex) 765 F2d 517

"Judges absolute immunity from suit under 42 USCS & 1983 for actions take under jurisdiction is not avoided by allegation that the acts are performed pursuant to bribe or conspiracy."

42 USCS &1983 is "Civil action for deprivation of Rights". (e.g. your 1st, 2nd, 4^th, 5th and 6th amendment rights)

"Power Corrupts and Absolute Power Corrupts Absolutely" These citations are virtually the equivalent of absolute power.  Even if you can prove a judge acted corruptly, maliciously and/or accepted a bribe and/or participated in a conspiracy, they are immune from any damages they inflict on anybody. Do any of you, my rank and file fellow citizens, think this is a just and fair Rule of Law? 

This appears to be a case of a rule written by the judges in premeditation of screwing future litigants by fixing cases and then claiming immunity.  People are in jail because a judge acted maliciously, corruptly, accepted bribes and/or participated in a conspiracy and they can recover no damages from of the judge because judges are immune

THE GREAT JUDICIAL BETRAYAL OF 1890 - THE FRAUDULENT AND UNCONSTITUTIONAL REINTERPRETATION OF THE 11TH AMENDMENT

The 11th Amendment says:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

The 11th Amendment, passed in 1795, says ONLY that Citizens of another state and Citizens or subjects of a foreign state cannot sue a State of the United States in Federal Court: It says nothing about the actual citizens of any state not being able to sue their own state in Federal Court

Then came the unconstitutional betrayal of WE THE PEOPLE nearly 100 years later in 1890:

 Hans v Louisiana 134 US 1 the Supreme Court found that the 11th amendment

"reflects a broader principal of Sovereign immunity".

And yet again about another 100 years later, in 1999 WE THE PEOPLE were betrayed yet again. Justice Anthony Kennedy, writing for a five Justice majority, stated in:

Alden v. Maine, 527 U.S. 706(1999)

"[S]overeign immunity derives not from the Eleventh Amendment but from the structure of the original Constitution itself...."

If Sovereign immunity derives from the structure of the Constitution itself, then it would not have been necessary to draft and ratify an 11th amendment!

Sovereign immunity is diametrically opposed to the Founding Fathers fundamental philosophy of checks, balances, transparency and accountability as laid out in the Constitution and Bill of Rights.  (First Principles http://bit.ly/kKjsKe )

SHAME ON THE AMERICAN LEGAL SYSTEM FOR BETRAYING WE THE PEOPLE AND ALL THE PEOPLE WHO HAVE DIED ESTABLISHING AND MAINTAINING OUR GREAT AMERICAN CONSTITUTIONALLY LIMITED REPRESENTATIVE REPUBLIC 

Where are our State and Federal Legislatures in exercising their constitutional duties of acting as a check and balance on the Judiciary?

With that in mind, I have submitted a previous iteration of the following proposed legislation to my Minnesota District 6 US Representative and Presidential hopeful, Michelle Bachmann.

A BILL IN CONGRESS

Whereas the fundamental understanding our US Founding Fathers had in drafting our constitution, is that People under Natural Law have free will, and are not virtuous by nature;

Whereas, therefore governments must be constructed in anticipation of the nature of mankind;

Whereas the Founding Fathers, acting on this knowledge, built into our Government and Constitution, various checks and balances;

Whereas, Amongst these checks and balances were transparency and accountability;

Whereas the actual language of the 11th Amendment reads:

"The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.";

Whereas the 11th Amendment (1795) was ratified 4 years after the Bill of Rights (1791) and 7 years after the Constitution (1788) and therefore most of the Framers of the Constitution and Bill of Rights had input into the verbiage and ratification of the 11th Amendment;

Whereas, "words mean things" and the drafters of the verbiage of the 11th Amendment specifically intended it to only apply to "Citizens of another State, and by Citizens or Subjects of any Foreign State." and not the actual citizens of a State;

Whereas in Wiggins v Hess (1976, CA8 Mo) 531 F2d 920 and Harley v Oliver (1976, CA9 Ark) 539 F2d 1143 and  Holloway v Walker (1985, CA5 Tex) 765 F2d 517 the US Supreme Court unconstitutionally modified the Constitution and its Amendments without going through the process prescribed by the Constitution to Amend the Constitution and its Amendments;

Whereas, if the basis for Sovereign Immunity "derives not from the Eleventh Amendment but from the structure of the original Constitution itself...." as cited in Holloway v Walker (1985, CA5 Tex) 765 F2d 517 there would have been no need for the 11th Amendment;

Whereas the US Supreme Court and its lower Federal and State Courts have further abused their power by finding that Judicial Sovereign Immunity Applies even in instances where judges have acted maliciously, corruptly and/or have accepted bribes and/or acted as part of a conspiracy;

Whereas the afore-described judicial immunity in instances of judicial maliciousness, corruption, acceptance of bribes and/or participation in conspiracies are not in keeping with the spirit and intent of the Founding Fathers, the Constitution, the Bill of Rights, WE THE PEOPLE's unalienable rights nor Natural Law;

Whereas Congress is Constitutionally Charged with the duty of acting as a check and balance on the Judiciary and has the authority to oversee and discipline the Judiciary;

Whereas protecting millions of US Citizens from Judges who are corrupt and/or abuse their power is more important than protecting  a few Judges from allegations of maliciousness, corruption, bribery, conspiracy and abuse of power by WE THE PEOPLE;

Whereas unbridled Sovereign Immunity is a policy ripe for abuse of power, maliciousness, corruption, bribery, conspiracy and tyranny;

Be it therefore resolved that:

1) The 11th Amendment is unique in that in 1795 most of the Framers of the Constitution (1788) and Bill of Rights (1791) were on hand to ensure that it incorporated the original intent of the Framers and Ratifiers of the original Constitution and Bill of Rights;

2) The 11th Amendment only means what is says and specifically does not gives States, State Agencies and Agents, Elected government officials, Government Employees nor Judges immunity from the actual Citizens of any State;

3) That the reinterpretation of the 11th Amendment by the US Supreme Court in 1890 and 1999 were fraudulent, self-serving and unconstitutional and are therefore null and void because the judiciary did not amend the 11th Amendment in the manner prescribed by the Constitution;

4) The Case law deriving from Unconstitutional Reinterpretation of the Constitution by the US Supreme Court in 1890 and 1999 is Null and Void and any case law or laws deriving from said unconstitutional reinterpretation of the  11^th Amendment shall also be null and void, because the 11th Amendment was not amended in the manner prescribed in the Constitution;

5) That there shall be no grandfathering nor immunity from past litigation for which the statute of limitations has not expired as the unconstitutional reinterpretation of the 11^th Amendment was fraudulent on its face and pursuant to the legal concepts of fraud in contract law, it is as though the fraudulent reinterpretation never had any effect.

6) The Judiciary is prohibited from making any further rulings or case law giving Judges and/or State, State Agency, and/or any other Government employee, official and/or elected representative immunity in instances of corruption, maliciousness, accepting a bribe and/or participating in a conspiracy;

7) That the Judiciary is advised that it must amend the 11th Amendment in the manner prescribed by the Constitution for its interpretation of the 11th Amendment to take effect;

8) As evidenced by the necessity of the 11th Amendment, no right of Sovereign immunity exists in the Constitution and its current amendments, other than that prescribed in the EXACT wording of the 11th Amendment – If any such comprehensive Sovereign Immunity existed in the Constitution and/or Bill of Rights, there would have been no need for the 11^th Amendment;

9) Pursuant to the true and accurate interpretation of the exact words of the 11th Amendment, Citizens of any State may use the Federal Courts to Sue their own State, State Agencies and Agents, State Employees, State Officials, State and Local elected representatives and Judges;

10) By this bill, Congress reaffirms it commitment to the original intent of the Founding Fathers in Framing the Constitution and Bill of Rights in ensuring Transparency and Accountability of the Government at all levels to its Sovereigns, WE THE PEOPLE;

11) By this bill, Congress reaffirms that protecting millions of US Citizens from Judges who are corrupt and/or abuse their power is more important than protecting  a few Judges from allegations of corruption and abuse of power by WE THE PEOPLE;

This concludes Part 1 of this three part series.

In Part 2, we will examine further how the American Judiciary, and Government in general, has subverted the Constitution and your Bill of Rights. 

Finally, I write this with the same intent as Thomas Paine http://ushistory.org/paine  I seek no leadership role.  I seek only to help the American People find their own way using their own "Common Sense" http://amzn.to/kbRuar 

The following is a link to the original article:

Legal Evil? In their own words - Part 1 of 3 - Minneapolis Independent | Examiner.com http://www.examiner.com/independent-in-minneapolis/legal-evil-their-own-words#ixzz1Nw2AAczg

Those were my thoughts.
 

Don Mashak
The Cynical Patriot

http://twitter.com/dmashak

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