Podcast: Play in new window | Download
Subscribe: Google Podcasts | RSS
Watch Out Of Control Republic With Justice No More–- on Rumble, Brighteon or YouTube
Can there be an out of control republic with justice no more?
Before we get to the meat we have to move through the carrots, potatoes, herbs and gravy of 1996 when the U. S. began being governed by a de facto parliament. Consider my comments on Pelosi pulling parliamentary moves to stop House members from challenging the 2020 election on January 6. See the References below for details on this.
to the Anti-Federalist Cato in reference to an out of control republic:
In large republics, the public good is sacrificed to a thousand views…in a large one, there are men of large fortunes, and consequently of less moderation; there are too great deposits to trust in the hands of a single subject, an ambitious person soon becomes sensible that he may be happy, great, and glorious by oppressing his fellow citizens, and that he might raise himself to grandeur, on the ruins of his country.’
Governor George Clinton of New York warned that large republics end up as consolidated governments. He write under the pseudonym ‘Cato.’ This week I discuss, Anti-Federalist No. 14, Extent of Territory under Consolidated Government Too Large to Preserve Liberty or Protect Property (Read Cato essay No. III here).
This remonstrance to the new constitution focuses on the consolidation of independent republics into one national / federal republic to which Cato shows and predicts: (my emphasis in bold underline)
‘…whoever seriously considers the immense extent of territory comprehended within the limits of the United States, together with the variety of its climates, productions, and commerce, the difference of extent, and number of inhabitants in all; the dissimilitude of interest, morals, and politics, in almost every one, will receive it as an intuitive truth, that a consolidated republican form of government therein, can never form a perfect union, establish justice, insure domestic tranquility, promote the general welfare, and secure the blessings of liberty to you and your posterity, for to these objects it must be directed. This unkindred legislature therefore, composed of interests opposite and dissimilar in their nature, will in its exercise, emphatically be like a house divided against itself.’
Here is the futuristic words of our present:
‘From this picture, what can you promise yourselves, on the score of consolidation of the United States into one government? Impracticability in the just exercise of it, your freedom insecure, even this form of government limited in its continuance, the employments of your country disposed of to the opulent, to whose contumely (insolent or insulting language or treatment) you will continually be an object. You must risk much, by indispensably placing trusts of the greatest magnitude, into the hands of individuals whose ambition for power, and aggrandizement, will oppress and grind you. Where, from the vast extent of your territory, and the complication of interests, the science of government will become intricate and perplexed, and too mysterious for you to understand and observe; and by which you are to be conducted into a monarchy, either limited or despotic; the latter, Mr. Locke remarks, is a government derived from neither nature nor compact.’
It is clear that we the Free Understanding Constitutional Citizens of these United States are objects receiving the continual contumely of the opulent ambitious power-mongers, seeking aggrandizement through grinding oppression of our God given rights.
Purpose of Government
Cato writes that: (my emphasis in bold underline)
‘The freedom, equality and independence which you enjoyed by nature, induced you to consent to a political power. The same principles led you to examine the error and vices of a British superintendence, to divest yourselves of it, and to reassume a new political shape. It is acknowledged that there are defect in this, and another is tendered to you for acceptance; the great question then, that arises on this new political principle, is, whether it will answer the ends for which it is said to be offered to you, and for which all men engage in political society, to wit, the preservation of lives, liberties, and estates.’
But was is this constitutional Civil Government or ‘civil society’ that was common parlance for the founding era in comparison to the present understanding of ‘political society? I refer to the wisdom from Kerry Lee Morgan at LONANG Institute in ORIGIN OF CIVIL GOVERNMENT (A Biblical Examination of Its Origin and Jurisdiction):
‘When we speak of civil government we mean none of these governmental structures or of nations. We mean that civil structure of organized government using force and coercion through its various branches to accomplish control and regulation, all undertaken in the name of securing public safety and public morals. These structures are generally called the “State” or the “government.” John Locke described the purpose of civil government and its exercise of political power declaring that “[p]olitical power, then, I take to be a right of making laws with penalties of death, and consequently all less penalties, for the regulating and preserving of property, and of employing the force of the community, in the execution of such laws, and in the defence of the common-wealth from foreign injury; and all this only for the public good” John Locke, Second Treatise of Civil Government, Ch.1, sec. 3 (1690).’
We must begin with truth of the clear Foundational understanding of government as I rip into the out of control republic.
Regarding No More Justice
In this program I will add my commentary regarding what Professor Alan M. Dershowitz recently wrote: ‘Justice Requires Fair Procedures.’
He writes:
‘”Justice, justice you shall pursue,” the Bible commands (Deuteronomy 16:20); and that, in doing justice, one must not “recognize faces.”
Commentators ask why the good book repeats the word justice, since every word is thought to have significance. The most relevant is that there are two kinds of justice: substantive and procedural.
The former relates to making the punishment fit the crime; the latter requires that correct procedures be employed to determine whether a crime has been committed.
The late US Supreme Court Justice Felix Frankfurter once observed that the history of liberty is largely a history of procedural fairness. Our constitution embodies that history by reading “the due process of law.”
Lately, however, many so-called progressives have been willing to ignore procedural safeguards and due process in their campaign to get former President Donald Trump — to misuse the law in an effort to prevent the leading Republican candidate from running against the incumbent candidate for president. In doing so, they are violating the second principle of justice: “Do not recognize faces.” That commandment is the basis for the blindfolded statute of justice.’
Just to get you salivating a bit, I appreciate Dershowitz appeal to ‘These and other “get Trump” lawyers should read the Judeo-Christian commands to do procedural as well as substantive justice, and not to recognize faces.’ But, for the last 100 plus years Harvard and other top law schools have rejected Judeo-Christian thought and principles for humanism, therefore the appeal has no context or relevance.
The RICO Indictments Fulfilled
I want to first refer you back to last weeks program.
Next it is important that you read the Dershowitz article I referenced above.
Lastly in this section, take the words of Rudy Giuliani after his booking to heart:
“Enemies of our republic were destroying rights, sacred rights. They’re destroying my right to counsel, my right to be a lawyer. They’re destroying his right to counsel. It’s not accidental that they’ve indicted all as lawyers. Never heard of that before in America,” he added.
Rudy said the they’re coming for all Americans.
“Whether you dislike or you like Donald Trump, let me give you a warning: it’s gonna come for you when the political winds shift, as they always do, let us pray that Republicans are more honest, more trustworthy, and more American than these people in charge of this government,” Rudy said.
“Donald Trump told you this. They weren’t just coming for him or me,” he said.’
See related Indictment Booking Articles in the References New Articles below.
Brutus and The Federal Farmer Predicted Corruption of the Judiciary
I have discussed this a number of times before. Here are just a few quotes from the Anti-federalist Papers Special Eddtion.
Brutus – AFPSE pg 31, 56, 112
31: …But again gentlemen, our judicial power is a strong work, a masked battery, few people see the guns we can and will ere long play off from it. For the judicial power embraces every question which can arise in law or equity, under this constitution and under the laws of “the United States” (which laws will be, you know, the supreme laws of the land). This power extends to all cases, affecting ambassadors or other public ministers, “and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State, claiming lands under grants of different States; and between a State or the citizens thereof, and foreign States, citizens or subjects.”
56: This government is to possess absolute and uncontroulable power, legislative, executive and judicial, with respect to every object to which it extends, for by the last clause of section 8th, article 1st, it is declared “that the Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution, in the government of the United States; or in any department or office thereof.” And by the 6th article, it is declared “that this constitution, and the laws of the United States, which shall be made in pursuance thereof, and the treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution, or law of any state to the contrary notwithstanding.” It appears from these articles that there is no need of any intervention of the state governments, between the Congress and the people, to execute any one power vested in the general government, and that the constitution and laws of every state are nullified and declared void, so far as they are or shall be inconsistent with this constitution, or the laws made in pursuance of it, or with treaties made under the authority of the United States.—
pg 70-71: by Samuel Bryan, Centinel. …are aspiring despots among yourselves prostituting the name of a Washington to cloak their designs upon your liberties.
I would ask: How was the proposed Constitution to have showered down those treasures upon every class of citizens, as has been so industriously inculcated and so fondly believed by some? Would it have been by the addition of numerous and expensive establishments? By doubling our judiciaries, instituting federal courts in every county of every state? By a superb presidential court? By a large standing army? In short, by putting it in the power of the future government to levy money at pleasure, and placing this government so independent of the people as to enable the administration to gratify every corrupt passion of the mind, to riot on your spoils, without check or control?
Page 112 Brutus: If this be true, and if the states can raise money only by permission of the general government, it follows that the state governments will be dependent on the will of the general government for their existence.
What will render this power in Congress effectual and sure in its operation is, that the government will have complete judicial and executive authority to carry all their laws into effect, which will be paramount to the judicial and executive authority of the individual states: in vain therefore will be all interference of the legislatures, courts, or magistrates of any of the states on the subject; for they will be subordinate to the general government, and engaged by oath to support it, and will be constitutionally bound to submit to their decisions.
by Richard Henry Lee, The Federal Farmer Go to page 124….125,126
126: Should the general government think it politic, as some administrations (if not all) probably will, to look for a support in a system of influence, the government will take every occasion to multiply laws, and officers to execute them, considering these as so many necessary props for its own support. Should this system of policy be adopted, taxes more productive than the impost duties will, probably, be wanted to support the government, and to discharge foreign demands, without leaving any thing for the domestic creditors. The internal sources of taxation then must be called into operation, and internal tax laws and federal assessors and collectors spread over this immense country. All these circumstances considered, is it wise, prudent, or safe, to vest the powers of laying and collecting internal taxes in the general government, while imperfectly organized and inadequate; and to trust to amending it hereafter, and making it adequate to this purpose?
Page 127 leads to RICO
There are some powers proposed to be lodged in the general government in the judicial department, I think very unnecessarily, I mean powers respecting questions arising upon the internal laws of the respective states. It is proper the federal judiciary should have powers co-extensive with the federal legislature—that is, the power of deciding finally on the laws of the union. By Art. 3. Sect. 2. the powers of the federal judiciary are extended (among other things) to all cases between a state and citizens of another state—between citizens of different states—between a state or the citizens thereof, and foreign states, citizens or subjects. Actions in all these cases, except against a state government, are now brought and finally determined in the law courts of the states respectively; and as there are no words to exclude these courts of their jurisdiction in these cases, they will have concurrent jurisdiction with the inferior federal courts in them; and, therefore, if the new constitution be adopted without any amendment in this respect, all those numerous actions, now brought in the state courts between our citizens and foreigners, between citizens of different states, by state governments against foreigners, and by state governments against citizens of other states, may also be brought in the federal courts; and an appeal will lay in them from the state courts, or federal inferior courts, to the supreme judicial court of the union. In almost all these cases, either party may have the trial by jury in the state courts; excepting paper money and tender laws, which are wisely guarded against in the proposed constitution, justice may be obtained in these courts on reasonable terms; they must be more competent to proper decisions on the laws of their respective states, than the federal courts can possibly be. I do not, in any point of view, see the need of opening a new jurisdiction to these causes—of opening a new scene of expensive law suits—of suffering foreigners, and citizens of different states, to drag each other many hundred miles into the federal courts. It is true, those courts may be so organized by a wise and prudent legislature, as to make the obtaining of justice in them tolerably easy; they may in general be organized on the common law principles of the country: But this benefit is by no means secured by the constitution. The trial by jury is secured only in those few criminal cases, to which the federal laws will extend—as crimes committed on the seas, against the laws of nations, treason, and counterfeiting the federal securities and coin: But even in these cases, the jury trial of the vicinage is not secured—particularly in the large states, a citizen may be tried for a crime committed in the state, and yet tried in some states 500 miles from the place where it was committed; but the jury trial is not secured at all in civil causes. Though the convention have not established this trial, it is to be hoped that congress, in putting the new system into execution, will do it by a legislative act, in all cases in which it can be done with propriety. Whether the jury trial is not excluded [from] the supreme judicial court, is an important question. By Art. 3. Sect. 2. all cases affecting ambassadors, other public ministers, and consuls, and in those cases in which a state shall be party, the supreme court shall have jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exception, and under such regulations, as the congress shall make. By court is understood a court consisting of judges; and the idea of a jury is excluded. This court, or the judges, are to have jurisdiction on appeals, in all the cases enumerated, as to law and fact; the judges are to decide the law and try the fact, and the trial of the fact being assigned to the judges by the constitution, a jury for trying the fact is excluded; however, under the exceptions and powers to make regulations, congress may, perhaps introduce the jury, to try the fact in most necessary cases.
Sam Adams Wisdom
Defer to the above.
Thank you to all who are subscribers to the program. Please share the newsletter and subscribe to the Rumble or YouTube channel.
References:
1. Anti-federalist, Cato III.
3. Parliamentary America – The Forecast, Vol. 4, No. 12 (September, 1997)
4. The Philosophy of Legal Change: Theoretical Perspectives and Practical Processes (Edited volume, Routledge 2019) – Michał Rupniewski, The University of Lodz
This Weeks News Articles
1. LAWFARE: Trump’s Former Lawyer Jenna Ellis Smiles in Mugshot – Bond Set at $100,000
3. LAWFARE: Rudy Giuliani Surrenders to Authorities, Bond Set at $150,000 – With Mugshot
4. LAWFARE: Attorney Sidney Powell Gets $100,000 Bond in Georgia RICO Case – Bail Conditions Included