

                               OUR PROTECTORS                                  


               Now let's take a look at the branch of government which
          was supposed to be  the protector  of the  American citizen.
          The  Judicial  branch!    Many  who read this would say that
          statement is the biggest joke of this book thus far.
               Really, the federal courts are required  to make secure
          the  people's  unalienable  rights  by  helping  to keep all
          governments and officials within the limits  of their powers
          imposed by the people under the Constitution.  
               A  look-see  on  the  background  and  operation of the
          federal courts is first.  The only court  established by the
          Constitution  is  the  Supreme  Court.    The  authority  to
          establish courts below the  Supreme Court  was given  to the
          Congress.  Under this constitutional authority, the Congress
          has established Circuit Courts  of Appeal,  District Courts,
          the  Court  of  Claims,  Customs Court, Court of Customs and
          Patents Appeals, Tax Court and Territorial Courts.
               The  Supreme  Court  has   "original  jurisdiction"  in
          certain cases  spelled out in the Constitution.  By original
          jurisdiction,  it  means  a  case  begins   in  that  court.
          Usually,  the  Supreme  Court  has  'appellate' jurisdiction
          which means that an appeal from a lower  federal court would
          be taken to the Supreme Court.  
               However, the  Supreme Court  is not  required to review
          all appeals brought before it.
               An action [case or suit] of  certain kinds,  is started
          in a  lower court  and usually  would be the district court.
          If the  decision of  that court  is something  that a person
          does not  agree with  or feels  the court  made an incorrect
          decision, that can  be  appealed  to  the  Circuit  Court of
          Appeals.   And again,  if the person does not agree with the
          Court of Appeals decision, this can  be further  appealed to
          the Supreme Court. 
               This  is  the  usual  procedure  of  the  federal court
          system.   A  system  is  also  available  for  certain cases
          decided  in  state  courts  to  be  appealed directly to the
          Supreme Court.
               This is just a general outline of the  operation of the
          federal court  system.   It's not  nearly as complicated and
          mysterious as judges and lawyers would have you  to believe.
          They want  it secretive  to perpetuate  their own fraternity
          and keep themselves and their brothers in business.
               The first requirement for the judicial  division of the
          central government was that the branch be completely free of
          any influence of the other two branches of  government.  Two
          special  grants  were  made  to  judges.   First, that their
          salary should never be reduced.  Secondly, that  they should
          hold their positions during good behavior. 
               The intention  of these  special grants  were to insure
          that federal judges would be independent and be able to make
          impartial decisions,  especially when deciding for a citizen
          
          of the United States.   Let  me  point  out  here,  that all
          judges take an oath to uphold the Constitution, well, nearly
          to uphold anyway.
               Here is that oath:  "I____________________, do solemnly
          swear  (or  affirm)  that  I will administer justice without
          respect to persons, and do equal  right to  the poor  and to
          the  rich,  and  that  I  will  faithfully  and  impartially
          discharge  and  perform  all  duties  incumbent  upon  me as
          ________________  according  to  the  best  of my abilities,
          agreeably to the Constitution and laws of the United States.
          So help me God."
               Pretty simple  language, isn't it?  Not easy to read in
          any double  meanings.   Since no  citizen must  obey any law
          which is made outside the authority of the Constitution that
          oath makes it look  as though  no one  has anything  to fear
          from the  judiciary.  However as we go along, it will appear
          that the oath has a hollow ring to it.  
               The colonists had a great deal  of trouble  with judges
          who were  appointed under  the authority  of the king.  They
          were dependent on the King's will and good graces.   If they
          made any  decision which the King disliked, they were ousted
          from their positions. 
               As a consequence, the colonists suffered  one injustice
          heaped on another. 
               Notice  some  of  the  statements in the Declaration of
          Independence: "He [the king] has obstructed  the administra-
          tion of  justice . . . Has made judges dependent on his will
          alone, for the tenure of their  offices, and  the amount and
          payment of their salaries." 
               Angry statements  are included  to show that people who
          were accused of crimes  were sent  to England  for trial and
          the right to trial by jury was suspended. 
               The  framers  of  the  Constitution  sought  to protect
          future citizens of  this  country  from  suffering  the same
          problems.   Those are  the reasons for a judges salary which
          can't be reduced and the  holding  of  their  offices during
          good behavior. 
               And since federal judges are nominated by the president
          with the consent of the senate,  the removal  by impeachment
          still  applies.    Impeachment  for federal judges works the
          same as it would for a  president or  other major government
          dude. 
               The Constitution  requires the House of Representatives
          to investigate the charges and  the  Senate  to  conduct the
          impeachment proceedings.   This is an area which we will see
          needs vigorous research and action by American citizens.
               The first thing which should be pointed out is there is
          no authority  in the  Constitution, actual  or implied, that
          any decision on a case by federal judge at ANY  level should
          carry any  weight on other or future cases which come before
          the courts. 
               This is not the case today.   Law  libraries are loaded
          to  the  rafters  with  books  showing decisions in previous
          cases which lawyers research and use as arguments to sustain
          
          their positions  in the case on which they're working.  This
          is nonsense for there is no permission from  our charter for
          government for such arguments. 
               Each  case  should  be  decided  on it's own merits and
          "agreeably to the Constitution  and the  laws of  the United
          States."    By  laws  of  the  United States is meant a bill
          passed by the Congress which, as required, conforms with the
          basic document. 
               These books  which clog  a law library are not "laws of
          the United States."  They are what legal eagles like to call
          'case law' and have no authority in the Constitution to be a
          substitute for the laws of the United States.  This case law
          is a  record of  the case  which was decided, if a record is
          really necessary, and cannot become public policy.
               Chief Supreme Court Justice John Marshall  brought this
          matter to the attention of the legal profession in 1821 when
          Marshall included this opinion on decisions  becoming 'law':
          "It is  a maxim  not to be disregarded, that general expres-
          sions, in every opinion, are to be taken  in connection with
          the case  in which  those expressions  are used.  If they go
          beyond the  case, they  may be  respected, but  ought not to
          control  the  judgment  in  a  subsequent suit when the very
          point is presented."
               Even the  Chief Justice  agreed that  it should involve
          only the  case at  hand!  So where does the legal profession
          and the judicial branch find the right to say 'case  law' is
          the law in any opinion?
               This matter  of becoming "public policy" is a dangerous
          violation of our Constitution.  By  allowing this  to occur,
          we are  allowing federal judges to amend the Constitution in
          direct violation of Article V which specifies the  method of
          amendment under our control. 
               No where  is there any power for a judge to decide that
          a particular school has  to desegregate  and by  that single
          decision, make all schools follow the same policy. 
               This is what is meant by becoming public policy.  There
          is no room  in  our  form  of  government  for  5  people (a
          majority of  9 in  the court) who are not elected and do not
          represent anyone to make any decisions which affect  us all.
          NONE! 
               They have  no right to decide any social policies or to
          change our basic law by edict.  They have no  right to issue
          any  orders  which,  because  of  a  mystique created by the
          knights of the black robe, can become law! 
               The lawmaking ability  is  restricted  to  Congress and
          cannot  be  spread  throughout  the  government.  By all the
          examples thus far, all these 'lawmaking'  decisions, orders,
          regulations and so forth, are way out in left field.  We are
          being overrun by power hungry men and women  and it  is time
          for all of us to assert our rights and demand that the basic
          document be obeyed.


          SUPPORT THE SHAREWARE CONCEPT . . . PLEASE REGISTER!
