Abuse of the Public Trust

Part Four The Godfather, the Judicial branch

After years of fighting the Revolution of 1776 ended in victory for the American Coloniests, a constitution was written and adopted by the States, cases were brought before the Courts and its was all over.

The law is the history of past legal decisions. What this means is that past legal decisions derived under the Conquers of the English people were applied to the interpretation of the American Constitution. We had beaten the English army, but our daily life was still lived under English law. This is one of the great problems of American jurisprudence. We are applying king made law, but we have no king. A king wouldn’t tolerate some of the acts that have emerged through Congress or which have been undertaken by the Executive branch because it is the family’s business. It is not in the interest of a king to drive his nation into bankruptcy, but it may be in the interest of a President or Congress to do so.

It is important to understand the relationship between the Executive branch and the courts. The law that our system operates under is the law of the conqueror. Our ancestors were conquered and ruled by people who had immunity for their acts. They could kill us and we couldn’t do anything about it. This is where the notion of government immunity began. The judges on the courts were the Kings servants. The first court was a branch of the Executive government of the King. This is part of the reason that the court favors the Executive branch over the Legislative branch of government. The Executive and Judicial branches are very closely related. They have a symbiotic relationship with each other. They tend to share a common disregard for the Legislative branch, which both branches generally agree doesn’t have the ability to write intelligible laws. This joint disposition, and that fact that they daily work together, gives them ample opportunity to correct Congress's errors.

There are a lot of reasons to respect the power of the judge. The most compelling of which is that it is by his or her authority that the power of the law is executed. One of the founders’ wrote that government was first created to protect the rights of people to be free to be productive, I would like to think that he was right. Yet, I believe that the power of governments was created because society needed an officer with the power to force the establishment and the implementation of basic principles to secure the safety of the people and the security of their transactions. Humans are first of all are isolated and dependent; we need judges to control the worst of the offenders whose acts are against our right to isolation/privacy and our interdependencies.

The history of law is the history of the decisions of people who exercised the power of the state through their decisions. The reason why the history of past decisions is so important is that precedent establishes limits over the court’s ability to exercise the judicial power, at least in theory.

There is a sense of the law that develops after years of dealing with it. In my five years of trying to stop the government doing wrong to the American people, I have developed some understanding of it, but know that there is much more to it. I would describe the law as dynamic structure through which one can see the nature of past conflicts. There is a lot about the law that is both sensible and beautiful. I wish that I could share with you some of the moments that took place when the insight of a jurist long dead brought with it an experience of the perspective of that person’s mind reaching it into my present.

We are entering the Digital Age. This is bringing about the most radical transformation of human society that has ever affected the human race. We live within a system constructed gradually over time, and now our understanding is growing exponentially. This is bringing about changes to the very basis of human society. It is in our nature to react to change by retreating into the standards of an earlier age.

In the face of these changes there are dangers that we have been ignoring, facts hidden, but whose disclosure must be made or we will be unable to address needed changes. The courts have in them a habit to their rulings. The courts have to some extent unmade the constitution, created by the founders. If ever there was a time when we needed a legislative branch that was capable of exercising some control over the actions of the Executive branch now is the time for it. The Constitution established a legislative branch that was intended to be to make law, which the Executive branch was bound to respect.

When I determined that the only way that left was to file a complaint with the court, I first attempted to secure representation. This unfortunately was not available to me. I was left then with the choice of pursuing the issue myself or giving it up. Over the years I have faced that choice again and again, but from my perspective this is an issue of life and death. How we use the technology of the Digital Age will determine the nature of the future of the human race. It may even determine if we will have a future.

When I filed the complaint I had spent about a month studying the law on the Internet. This is not the way to get a legal education. Yet, from my perspective I was a person with a disaster message and I was exploring what means existed that would enable me to deliver such a message to the Federal government. The other two branches wouldn’t listen to that message. If I were to understand the underlyin cause of the problem, I would need to take the problem to the third branch of government.

I should like to say that the Court listened to me, that it heard concerns and addressed the underlying issues that I raised, but if I were to do that I would be a liar. The court dismissed thee complaint without hearing, as moot and with predjuice.  The court like every other branch of my government was not interested in listening to my disaster message. As a direct consequence of this the Census Bureau would continue to engage in its violations of Federal laws. Here I had the final answer to the question. I could not deliver a disaster message and so prevent wrongdoing by government against the rights of the people, because a government that was founded to protect the rights and liberty of the people of the United States, would not speak, see or hear complaints dealing wrongdoing by government against the people of the United States.

Government employees were free to be incompetent, irresponsible, and lawless and there was absolutely nothing that an ordinary individual could do to stop it.

Whether this nation or this world will long endure is a question that at present I would hesitate to answer. As a result of my work in risk/threat management I affirm that there are no present problems affecting the human race that can not be solved or substantially mitigated in the next hundred years. A future generation could live their lives securely and in prosperity.

Yet, when one compares what we could do to what we are doing a discontinuity is apparent. The nature of this discontinuity is in the reality of the present and the operation of our government.

Next Part Five -Public Interest Groups – No Groups