Sunday, March 13, 2011

Re: Wringing-the-Neck of Empty Ritual.

Folks: As closely as possible, following the outline of our original
Constitution, is the attached Article from my New Constitution.:

"Article V:

Section 1, 2 & 3: Whenever 50% of the House deems necessary, the
House may propose amendments to the New Constitution, or call a
convention for proposing amendments; such may be ratified in a one
day, direct referendum of the People of all the states and
territories, provided 60% of the registered voters who vote concur.
The New Constitution and laws and treaties made under the
authority of the United States shall be the supreme law of the land,
and judges in every state shall be bound thereby. Nothing in a state
constitution can be to the contrary. Before taking a public office or
job, representatives, members of the legislatures, all executive and
judicial officers—of the United States and of the several states and
local governments—and all employees of those who regularly deal with
the Public, shall be bound by oath or affirmation to have read the
entire New Constitution within the last 30 days and to support such.
No religious oath or action shall be used as part of the qualification
for any office, public trust or job.
To form more perfect government, the House may authorize tests of
variations of government or laws that are, in the main, consistent
with the intents of this New Constitution. With the assent of 55% of
the legislature or legislatures of the state(s) involved, such tests
may encompass one or several states for a period of time sufficient to
evaluate performance. Subsequently, the House may vote to pass laws
of national scope on the issues tested. Conflicts arising from the
test(s) shall be resolved in the courts using this New Constitution
and apt federal laws, but with no intent at any time to punish those
persons, groups or states for their involvement in the test, done for
the common good."

— John A. Armistead — Patriot

Those who are interested are invited to read my just-published book,
"The Shortest Distance, Harmony Through Prosperity" (Amazon and B. &
N.). Thanks!

>
On Mar 11, 10:22 am, NoEinstein <noeinst...@bellsouth.net> wrote:
> Folks:  Some shallow, at Google or otherwise, changed the title of
> 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 ...
>
> read more »

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