this post to "… Empty Rhetoric" rather than "… Empty Ritual". I was
unable to reply and to have the latter, correct name of my original
post be included. That's important so all excerpts from my New
Constitution can be found under one heading.
Note: The reason I used "… Empty Ritual" relates as much to religions
and social habits as it does to our government—which is more
interested in form and process than in getting results that will be
beneficial to the vast majority (60% plus) of Americans.
I am cutting, pasting and re posting the last two replies I made to
Keith in Koln.
Dear Keith in Koln: I lived in Charlotte for over two decades. My
father, in his childhood, lived in Tarpon Springs. One of my most
frightening times was driving over the Tampa Bay bridge. The
"starting point" for me in rewriting the constitution was to correct
the rampant injustices in our courts, and to allay our (You have to
experience it to know it.) police state. As happened with O. J., the
police target who they want to convict whether they are guilty or
not. The police are especially unfair to Blacks. I make it a felony
for any prosecutor to be overly zealous to convict someone who is
latter proved to be innocent. At every turn, justice demands that the
presumption of innocence be there throughout the trial until the jury
has reached a unanimous decision for guilt. Never again will there be
the converse requirement for a unanimous decision of innocence... ***
Only one of twelve jury members is required to find someone not
guilty. The latter is exactly what the Founding Fathers intended!
I'm flattered that someone with a Law background, like you, has said
anything favorable about my essays or my daily battles with others.
Here is the entire Article III relating to the Justice System:
"Article III:
Section 1: The lesser Judicial Branch consists of a Supreme Court and
such inferior courts as the House establishes. Its major duty is to
interpret laws. It has no power to command enforcement of any of its
rulings unless so mandated in prior, formally stipulated and apt
laws. Judges and justices are technicians of the law and of this New
Constitution. They shall perform their duties as individuals, never
as part of any perceived culture of the lesser Judicial Branch, nor
from any consultation whatsoever with past or present members of
such. Additionally, they shall not have held state or federal
executive or legislative office. The President shall nominate new
justices who are between the ages of 50 and 60 years old, and may on
good behavior, serve a single term of up to 10 years. The President,
or his agents, shall not work to win the confirmation of any
nominee. Judges and justices shall be selected for their intellect,
high moral character, compassion, knowledge of the law, likable
nature, and for their proficiency and expediency in office. Such
shall not be aloft nor considered infallible in all their judgments,
yet shall be respected if they right injustices quickly. They shall
make decisions based on apt laws and this New Constitution—never on
their personal ideologies. Every two years an unbiased review panel
shall apprise the Citizens of the job performance grade, as herein, of
seated judges and justices. With the assent of 60% of the voters
nationwide, the latter can be unseated. Judges and justices aren't
royalty, nor do they have an implied moral judgment inherently
superior to public macro-consensus. They shall not be chambered
lavishly, sit in throne-like chairs, wear robes on the job, nor dress
in a style that differentiates them from the People. They shall not
socialize with, nor privately be in conference with, members of the
Executive or Legislative branches of government; nor shall they attend
State of the Union Addresses or similar events. The Public shall not
stand for entering or exiting judges or justices who shall be
addressed only as: judge or justice. Judges and justices not
respecting such provisions, or who exhibit excessive arrogance or
pomposity on the job shall be removed. Sessions of all trials shall
begin with the judge(s) or justice(s) saying: "The justice system is
on trial." All assent five-to-four Supreme Court decisions are for
one year only, or shall be invalid; and the same nine justices shall
not—on their own—reconsider such issue. Courtrooms shall be devoid of
gavels, seals, flags and oppressive art, and no design feature nor
process shall imply that judges or justices represent government or
respond patly or collectively. It is TREASON for a judge or justice
to rule with disfavor on the supremacy of a fair democracy.
Section 2 & 3: Judges and justices shall be answerable to the
People. On issues of internal criminality, misconduct or corruption
within any arm of government—including the entire judicial system—
judges and justices shall not, during a trial or during sentencing,
favor government officials, judges, justices, nor any arm(s) of law
enforcement, and shall hold government officials, fellow judges,
justices, or members of law enforcement as accountable for wrongful
acts as those outside of government. If a judge or justice fails to
respond to a rightful petition or complaint against any government
official or member of the justice system, such judge or justice may be
guilty of a felony. The determination of the above status shall be
made following a mandatory vote in the House. Upon a yea vote of 1/3
of the House, a national public trial, televised from the House, shall
be held regarding all named parties—with judgment being determined via
referendum. Whenever 60% of the registered voters who vote determine
that there is guilt, the government officials, judges, justices and/or
members of law enforcement shall be removed from their former
positions and sentenced commensurate with their crimes, up to and
including the death penalty.
Judicial authority shall extend to all cases in law and equity
arising under this New Constitution, the laws of the United States,
treaties made or which shall be made under their authority, to all
cases affecting ambassadors, other public ministers and consuls, to
all cases of admiralty and maritime jurisdiction, to controversies in
which the United States is 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 or the Citizens
thereof, and foreign states, Citizens or subjects. The Supreme Court
shall have original jurisdiction in all cases affecting ambassadors
and consuls, and those in which a state is a party. In all other
cases, the Supreme Court shall have appellate juris-diction both as to
law and to fact—with such exceptions and under such regulations as the
House shall make. Except in cases of impeachment, the trial of all
crimes shall be by jury in the state where said crimes were allegedly
committed, or if otherwise, where the House directs. Misdemeanors and
crimes occurring conjunctively shall be tried with the more serious
crime, unless the disproving of the misdemeanor would excuse the
crime. If either occurred in multiple jurisdictions, the trial shall
be at a single common venue that is least compromising to the
defense. But capital murder cases may be tried consecutively.
Section 4: New trials shall be granted to anyone previously found
guilty if there is substantive new evidence for innocence, or if there
was an improper collection of, suppression of, or distortion of the
facts by law enforcement, the prosecution, or by the courts. The
resolution of such matters shall be the top priority of the courts.
If a person is tried in a civil court for substantially the same
offense that they previously or subsequently be acquitted of in a
criminal case, a unanimous verdict of nine jurors shall be required
for the civil judgment to stand. No civil agency nor governmental
body shall independently seek to punish any person acquitted, as by
denying to such person any fundamental rights or privileges. In civil
trials monetary awards determined by juries shall stand. Achieving
justice being the primary objective, such shall take precedence over
petty procedural or legal technicalities, except those restrictions
placed on government(s) or protecting the full civil rights of any
citizen shall never be waived.
Obtaining a lawyer in civil cases is as fundamental to justice as
obtaining a lawyer in criminal cases. No statute of limitation shall
apply to any case in which a plaintiff or defendant diligently seeks
but can't find a lawyer. Upon request to the court, an unbiased
lawyer shall be appointed. In federal cases licensed lawyers from any
state or territory may be used regardless of where the trial takes
place. The right of the People to obtain justice for any criminal or
civil injury is fundamental. Justice departments, law enforcement
agencies, and/or the courts shall be the instruments of justice.
Should such in any way obstruct justice by improper procedure, bias,
or intentional neglect of duty, such persons shall be held as
criminally accountable as anyone else for obstruction of justice—a
felony. Undue delay by a defendant or their counsel in a civil case—
as a defensive tactic—is prohibited, and if present may be considered
as evidence supporting guilt. Causing undue delay of appeals,
similarly, is prohibited.
Section 5 & 6: It is treason to foster corruption in any arm of
government, to levy war against the USA, adhere to her enemies, or to
give them aid and comfort. The former must show abuse of power that
subverts the New Constitution, such as by enlisting subordinates into
unlawfulness that violates the civil rights of any Citizen or group.
No person shall be convicted of treason unless on the testimony of two
witnesses to the same overt act, or by confession in court. The House
sets punishment for treason, if the civil rights of innocent relatives
aren't affected.
Witnesses in court shall be asked: "Do you promise that the
testimony you are about to give will be truthful to the best of your
knowledge?" No religious help or association shall be required during
the asking of such question. The truthfulness of a witness's
testimony can be limited by the manner, sequence, and extent of
questioning, so witnesses always have the right to volunteer apt,
truthful testimony without fear of sanction by the court. Perjury
shall be punished commensurate with the level of negative effects
resulting therefrom. Judges shall have discretionary sentencing power
below the maximum, but felonies carry a min. 3-year sentence, or as
stated herein. The accrued negative effects of any criminal sentence
shall not exceed the accrued negative effects of the crime. Fines or
monetary judgments shall not be used to allay government costs. If
the public isn't injured, it's not a crime to flee or hide from
injustice, nor to aid another, therewith. Nor is it a crime, or proof
of a crime, for an innocent person to lie to protect their own
privacy, or the privacy of an innocent person. The House or states
shall pass no law nor approve any regulation requiring that a
convicted person admit to guilt in order to get a fair sentence or to
be considered for parole. During incarceration, if a jailed person's
behavior has been good, at the appointed time, parole shall be
granted. When a conviction is appealed, adjudication shall occur
within six months, without public pressure, bias, or a presumption of
the correctness of the conviction. A rightful decision in such shall
be based only on the facts in the case while respecting the continuing
constitutional rights of the one convicted. The appeal(s) of a
conviction shall never place the appealer in jeopardy of a worse
sentence. A reasonable daily frequency of unmonitored phone calls and
unopened mail (external sniffing and/or x-raying accepted) shall be
allowed for persons held against their will.
Section 7: Judges and justices shall not selectively interpret,
limit, or exclude existing laws so as to effectively make new laws.
No judge or justice shall be appointed based on their ideology, nor
shall ideology be considered in confirmation processes. As to the
nominating or appointing of judges or justices: No candidate for
public office, member of the Executive Branch nor the House, shall
state nor imply that a nominee will hold, or does hold, a particular
ideology, because by so stating or implying, such candidate shall be
disqualified, the apt one's governmental job shall be lost, and the
apt nominee disqualified. Criminal cases shall be processed as a
named, titleless person v. a named person(s). The defense can choose
to sit on either side of the court. Judges and justices shall not
anthropomorphize "the Court", nor seek out "historical" court
positions on which to base decisions; rather, decisions shall be
theirs alone.
Section 8: It's a felony for any person, organization, group, or
special interest—publicly or privately—to lobby judges or justices for
influencing their rulings; also, for any judge or justice to accept a
bribe in exchange for a judicial favor. It's a capital offense for
such to accept a bribe that directly results in a person's death.
It's a felony to extort an innocent defendant into pleading guilty by
threatening to try them for a greater crime; ipso facto, the greater
crime is excused. Law enforcement and the courts shall be responsive
rather than proactive, protective without being subjugative, and shall
enforce the New Constitution ahead of any other laws or employment
hierarchies. Racial or other statistical profiling, preemptive
arrests, detention or sentencing are illegal if a person's
constitutional rights are violated. But in an emergency, the President
—or when apt, a state governor(s)—may temporarily waive the latter.
It's a felony for an attorney to acquiesce to their client's ongoing
violations of this constitution, and/or their criminal conduct,
without censure; or for any reason to conspire to violate, or violate,
another person's civil rights; or to stonewall the easy resolution of
justified complaints by non action, legal shenanigans or personal
bias. Similarly, it's a civil offense for an individual, group or
business to require that a justified plaintiff have an attorney before
moving to make agreeable amends. States shall license no attorney on
the payroll or board of another type business, organization or non-
judicial governmental agency; nor one who violates this constitution;
nor one who because of personal bias, fails to competently defend the
civil rights of any Citizen. Incorporation doesn't protect those in
such from personal responsibility for maliciousness in: harming any
person; irremediably harming local or world environs; or endangering
the likely health and safety of local or world Citizens. A crime's
seriousness shall be consistent with the mores of the People and the
apt juries rather than with government. Judges & justices shall be
well mannered, forthright and succinct; courtrooms aren't their
property nor forums for venting their feelings. A Citizen can
sanction a judge or justice in court for deviating from this
constitution or its spirit. Rightful behavior by any law-abiding
Citizen is appropriate, implicitly, and no Citizen so acting shall be
subordinate in or to any court, nor be made to defer to overly drawn-
out legal processes or pending rulings."
— John A. Armistead — Patriot
Folks: About 1/3rd of my New Constitution relates to straightening-
out the Judiciary. Here, in sequence, is...
" Article IV:
Section 1, 2 & 3: States shall recognize other states' public acts,
records and judicial proceedings, and shall pass no laws much more
strict on common issues than are in effect in the majority of the
states having laws governing such. English, that is grammatically
written and correctly spoken, is the official language of the USA and
shall be the model for every medium and every public discourse. Laws,
documents, contracts, instructions and forms shall be written
concisely, without legalese, and shall be understandable by average
people, or no person shall be bound thereby, even if endorsed.
Persons harmed by confusing language or verbiage may sue for damages
in civil court. No person shall be punished for violations of laws
that: aren't common knowledge; disagree with the macro moral consensus
of the People and this constitution; or are in the probationary first
year and passed by less than 60% of the House.
Citizens in any state are entitled to the same privileges and
immunities as the Citizens of the several states. Anyone charged with
treason or other crime in any state who flees to another state, shall,
on demand of the executive authority of the state from which he fled,
be delivered up, to be removed to the state having jurisdiction in
such crime. No imprisonment, slavery, nor involuntary servitude—
except as punishment for a crime whereof the party shall have been
duly convicted—shall exist within the United States or any place
subject to its jurisdiction.
The House may create new states if such aren't within the
jurisdiction of another state that dissents, and aren't formed by
joining two or more dissenting states or parts thereof. The House can
make rules and regulations respecting the territory or property of the
United States. The New Constitution shall not prejudice claims of the
USA or a particular state, and shall guarantee to each state in the
union a government that is a democracy or a republic, and shall
protect states against invasion. Upon request by the legislature or
the executive of a state (when the legislature cannot be convened),
the United States shall protect such state from domestic violence."
— John A. Armistead — Patriot
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