| Declaration of Demand for Reinstatement of the People’s, Constitutional Rights
Declaration of Demand for Reinstatement of the People’s, Constitutional Rights
For Equal Access to Law, Liberty, and Justice. The Constitutional Sovereignty Shall Blossom Once Again  Quote:
Inherited Rights are self-evident and expressed by fair acts; yet, Laws to protect them have to be written
in order to reach not few but many!
When acts of issuing, amending, and writing laws are at the hands of few and We The People are kept away from the Process, while the acts are committed in our Name, demanding active and equal participation in matters affecting us - the People i.e. law - is a necessity and Right - not an option and/or luxury.
When The People are ignored by those who hold monopoly and power of law, the latter are not likely to bestow a privilege of meaningful – not token access to law - voluntarily, while to the People such is an inherited Right and not a privilege.
If anything it is a privilege to a minority comprised of lawyers-judges to hold and apply applications of Justice, while We The People are the majority in whose Name Acts of Justice or its miscarriage are done without our participation and checks and balances!
Void of checks and balances, absent The People's meaningful participation in judicial process halts the process of self-governing, promotes executive dictatorship and unaccountability, and tends to marginalize the legislature.
Without the people, there is no government, just as without the legislative branch, there can be no judicial branch.
Governments are created and constitutions exist to serve the people.
Yet, We The People can not be meaningfully served when have no equal access to law, while a privileged group has, keeping the monopoly on that access.
In the USA form of separation of powers is widely known
as "checks and balances."
Yet, the judicial power is concentrated at the hands of
the judiciary, there is no separation of power but
only its superficial visibility, in reality, replaced by
monopolistic concentration of power by the members
of the State's Bar, headed by the Supreme Court Officers.
Thus, the Constitutional checks and balances" are
violated i.e The People's Rights, themselves, at their core.
in Wayman v. Southard (1825), Congress had delegated to the courts the power to prescribe judicial procedure; it is proved that Congress had, thereby, unconstitutionally clothed the judiciary with legislative powers.
Courts i.e. members of the State's Bar: a private organization-membership functioning in monopoly and accountability before WE The People (even worse - in immunity before us) check both the executive branch and the legislative branch through judicial review.
This is not, even, written into the Constitution, thus,
is violating it and The People's Rights.
There are three powers in the USA:
1. Legislative power,
2. Judicial power, and
3. Executive power.
Two powers: Legislative and Judicial are kept away from the people by the same
judiciary which constitutes monopoly and lack of accountability, which a prerequisite for tyranny.
Executive power is vested in the President.
By orders of the President, unconstitutional surveillance, and virtual suspension of many Constitutional Rights
are being implemented, taking those, Constitutional Rights away from We The People.
Out of three Powers on which the USA is founded,
We The People are left with none in the light of the historic facts, publicly known.
The socio-political facts are on their face.
There are numbers of courts in the USA.
There is not one run by WE The People and/or
showing a hint of any, meaningful participation
by The People.
Surely, courts' personnel under full control of the judiciary is not considered as The People's meaningful participation at all.
The Federal Judicial Branch
Structure of the Federal Courts
The term federal court can actually refer to one of two types of courts.
The first type of court is what is known as an Article III court. These courts get their name from the fact that they derive their power from Article III of the Constitution.
These courts include:
(1) the U.S. District Courts,
(2) the U.S. Circuit Courts of Appeal, and
(3) the U.S. Supreme Court.
They also include two special courts:
(a) the U.S. Court of Claims and
(b) the U.S. Court of International Trade.
These courts are special because, unlike the other courts, they are not courts of general jurisdiction. Courts of general jurisdiction can hear almost any case. All judges of Article III courts are appointed by the President of the United States with the advice and consent of the Senate and hold office during good behavior.
The second type of court also is established by Congress.
These courts are
(1) magistrate courts,
(2) bankruptcy courts,
(3) the U.S. Court of Military Appeals,
(4) the U.S. Tax Court, and
(5) the U.S. Court of Veterans' Appeals.
The judges of these courts are appointed by the President with the advice and consent of the Senate. They hold office for a set number of years, usually about 15.
Magistrate and bankruptcy courts are attached to each U.S. District Court.
The U.S. Court of Military Appeals, U.S. Tax Court, and U.S. Court of Veterans' Appeals are called Article I or legislative courts.
Judicial Councils & Conferences
Judicial Councils
Administrative Office of the United States Courts
Federal Judicial Center
State court systems:
( most are made up of: )
(1) two sets of trial courts:
(a) trial courts of limited jurisdiction
(probate,
family,
traffic,
juvenile court,
small claims court,
municipal court
and
(b) trial courts of general jurisdiction
(main trial-level courts);
these involve both:
civil, including housing and
criminal cases;
These courts are called by a variety of names, including (1) circuit courts,
(2) superior courts,
(3) courts of common pleas,
(4) and even, in New York, supreme courts.
In certain cases, these courts can hear appeals from trial courts of limited jurisdiction.
(2) intermediate appellate courts (in many, but not all, states); and
(3) the highest state courts
(called by various names, including the Supreme Court.)
Not one People's Court once again.
Therefore, the Demand for equal access to Law and providing Constitutional checks and balances in mattes of judicial acts is a necessity and Right guaranteed to us by the Constitution of the USA, as well as is inherited.
Any, Constitutional challenge, naturally, concerns the People,
as the USA’s Constitution has been written by The People and for The People.
That is indisputable!
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Without Prejudice |
10-23-2007, 09:59 PM
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