The Constitution for the United States, Its Sources and Its Application
Undermining The Constitution - A History of Lawless Government
Our Enemy, The State - Nock
Trial By Jury - Spooner
I urge everyone who reads this page to become a Member of the Democracy Defined Campaign for Restoration of Constitutional Common Law Trial by Jury. Click the Link.
Members, from whichever country you are in, write to your Sheriff, the chief law enforcement official in your county directly responsible to the citizenry, and circulate this letter to everyone you know asking them to write to their Sheriff as well.
RESTORATION OF CONSTITUTIONAL
Everyone who understands the purposes and functions of Jurors in Trial by Jury realises the importance of restoring and maintaining Trial by Jury as the means of settling all causes, civil, criminal and fiscal.
The authentic Constitutional Common Law Trial by Jury defined and prescribed by Magna Carta, functions (is intended to function) as follows,
firstly, as a barrier to protect the innocent citizenry from the crimes of arbitrary (tyrannical; corrupt) government and the incompetence or prejudices of fallible justices ('judges');
secondly, as a means of halting and expunging unwanted legislation from being forced on the population; and
thirdly, to ascertain guilt or innocence of those accused of civil or common crimes.
Restoration of Trial by Jury is of fundamental importance because genuine Trial by Jury remains the sole (peaceful) means of citizens upholding for themselves, their rights, justice, liberty and ownership of property, in the face of threats from any quarter to those definitive civilized norms. Hence, Thomas Jefferson’s "anchor":
"I consider Trial by Jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution." -- U.S. President Thomas Jefferson; Author of the Declaration of Independence; co-Founder of the Democratic Party (which today, in 2008, has virtually abandoned Jeffersonian Principles.)
Today throughout the West, the uniquely just form of due process, Trial by Jury, has been utterly usurped by politicians and judges in order to enable legislatures to foist illegitimate antidemocratic measures on the population through the courts. However, the act of enforcement of unjust laws is a crime per se, which is punishable according to law.
Civilization, sine qua non ['without which not'], is founded in "judicium parium suorum," also known as the Trial by Jury. We explain why this is so in the Magna Carta Essay. (Click the link) Such a lot of people completely miss this veritable foundation stone of the good way of life that the Democracy Defined Campaign for Restoration exists to educate people as to the indispensability of Trial by Jury to the well-being of the people and the legitimacy of government. Scottish legal historian and philosopher Sir James Mackintosh put it well when he said of Magna Carta:
“To have produced it, to have preserved it, to have matured it, constitute the immortal claim of England on the esteem of Mankind. Her Bacons and Shakespeares, her Miltons and Newtons, with all the truth which they have revealed, and all the generous virtues which they have inspired, are of inferior value when compared with the subjection of men and their rulers to the principles of justice; if, indeed, it be not more true that these mighty spirits could not have been formed except under equal laws, nor roused to full activity without the influence of that spirit which the Great Charter breathed over their forefathers.” -- Chapter Three, Mackintosh’s History of England.However, there is a further issue here: it directly concerns all government employees involved in law enforcement, and in this instance, the Sheriff of your County.
ENFORCEMENT OF INJUSTICE BY GOVERNMENT PERSONNEL IS AN ILLEGAL PUNISHABLE ACT (cf. The Nuremberg Precedent).
At all times, every adult person has the moral and legal responsibility to suppress injustice. Every act of injustice is a common law crime, whether committed by private citizens or by the state. Jurors and government employees alike are accountable. See Principles, U.N., 12-10-1946, ratified by all Western governments:
PRINCIPLE IV: "The fact that a person acted pursuant to the order of his government or a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."
Whether by participation in the enforcement of arbitrary legislation, or from the following of direct orders, being party to the execution of injustice is a criminal offence (cf. Crime Against Humanity).
De jure [under the law], under pain of penalization, all those involved at every stage of the creation, maintenance and enforcement of law, must make the moral choice and judge the law and their own actions in relation to the law, and accordingly make the apposite decision.
Citizen-Juries educated and instructed to judge on the justice of law and its enforcement, can be relied upon to protect people from the state, when the state breaches correct behaviour in attempting to enforce injustices. It is for this reason that those who stand to gain money and/or power from tyranny by the imposition of unjust ‘laws’, regard the genuine Trial by Jury as an obstacle to be undermined and destroyed. Untrustworthy at best, of outright criminal intent at worst, are those who, instead of restoring Common Law Trial by Jury to its true form, would discard it altogether.
Legislators and judges are exposed to all the temptations of money, fame and power, to induce them firstly, to overlook and deliberately disregard justice in the framing, passing, interpreting and enforcing of legislation; and secondly, to become actively biased between contesting litigants, causing politicians and judges to sell the rights and interests, and violate the liberties of the People. Jurors are exposed to none of these temptations.
Jurors are not liable to bribery, for they are unknown to the contesting parties until they come into the jury-box. Further, the laws of human nature do not permit the supposition that twelve adult men and women taken by lot (indiscriminately) from the mass of the people, will all prove dishonest. (Common law requires unanimity to pronounce a guilty verdict. Jurors can hardly gain fame, power or money by giving erroneous decisions. Their office as juror is temporary. They know that when they have executed it, they must return to everyday life and they rely on all their rights being upheld by the judgments of jurors who will be their successors, and to whom they are an example. This Trial by Jury Justice System is unique and inimitable: that is, it cannot be equalled by other legal arrangements. It places a curb on legislation the enforcement of which the Citizen-Juror adjudges would be unfair and tyrannical; and a Jury ensures to us — what no other court does — that first and indispensable requisite in any judicial tribunal: integrity.
The powers of juries not only place a curb on the powers of legislators and judges, but also imply an imputation on their integrity, impartiality and trustworthiness. These are why legislators and judges have harboured the most intense hatred for juries, and, so fast as they could do it without alerting the People to the loss of their liberties, have today destroyed juries’ power to judge on justice issues, and with it the Trial by Jury.
The self-proclaimed Western bastions of ‘democracy’ are illusory. That which militaristic tyranny and the Twentieth Century’s Great Wars of Aggression failed to ruin, is destroyed inimically from within by parasitic individuals of insidious government.
Whenever and wherever Trial by Jury is not in place, or it is allowed by the insouciance (blithe lack of concern; nonchalance) of the population to be interfered with by government and its representatives, there tyranny and crime inevitably prevail. The (Western) tradition of morality and the universal natural common laws of equity and justice teach that Democracy, that is, the control by ordinary people of every aspect of government, is to be favoured over, and when necessary fought for, in resistance to the foible of humans established in authority always to suppress the Freedom of others.
Nowadays, Trial by Jury is precluded by judges’ illegal intervention to forbid jurors from judging on equity issues, on the justice of the law, and on every act of its enforcement.
The courts’ current unlawful modus operandi is to facilitate the tyranny manifest in the judiciary’s antidemocratic enforcement of inequitable statutes and regulations, which otherwise citizen-jurors en masse would emphatically annul.
The motive behind, and explanation for, judges’ boundless treachery are the same today as they have always been, and they confirm that the indispensability of Trial by Jury is eternal:
The judiciary is responsible, not to the People, but to the government; judges are dependent for careers, salaries, and protection from impeachment, on the legislature: to remain judges, they must reliably enforce unjust legislation.
Judges regard themselves as, and are, bound to enforce the laws, even when doing so is an act of extreme injustice. Once a law has been passed and interpreted for enforcement by the courts, then, unlike jurors, in the routine of court cases judges are not permitted to dispute or judge the justice of law and its enforcement.
To allow these compromised humans to dictate the law, utterly surrenders all the liberties, rights, property and money of the People, to the arbitrary will of apostate politicians. (one who has abandoned one's principles) Any person who would propose or support such a system of enslavement and subjection of the People, suffers from lack of education and knowledge of human behaviour and political history, or from acute antidemocratic mens rea (criminal intent).
The infractions by modern judiciaries of the strictures of the U.S., Australian, Canadian Constitutions and the U.K. Great Charter Constitution, of universal natural law and justice, and the Common Law, are epitomized, and the injustice of today’s ‘justice system’ is demonstrated by judges’ prevaricative misstatement of law (which they are all too fond of reciting) that "parliament/congress makes law, and judges enforce it." Au contraire...
... a just system is the only one that is legal: trial-by-the-government-judge has always been unacceptable to people of probity. This is emphatically witnessed by the reasoned advocation of the Common Law Trial BY JURY Justice System, by the chief justices, judges, lawyers and heads of state quoted in the Democracy Defined Campaign Philosophy. (See website.)
See, for example, Chief Justice Harlan F. Stone on the Juror's Duty:
"If a juror feels that the statute involved in any criminal offence is unfair, or that it infringes upon the defendant’s natural God-given unalienable or Constitutional rights, then it is his duty to affirm that the offending statute is really no law at all and that the violation of it is no crime at all, for no one is bound to obey an unjust law."
Even on those rare occasions when Trial by Jury appears to be taking place (because people are sitting in the jury box), compounding their violation of common law and the suffocation of Justice, arrant ‘judges’ do not even permit defense lawyers to tell juries that it is a definitive and integral part of the Juror’s function to judge the justice of law enforcement. Thus is Trial by Jury dismembered by judges.
Thus have modern judges judicably corrupted themselves beyond the pale, abetting and participating in abject tyranny.
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On the Web July, 2008
In the Spirit of Love and Peace and Liberty
Three mighty important things, Pardn'r, LOVE And PEACE and FREEDOM