As the recent spectacle involving a General Services Administration (GSA) convention once again indicated, there are numerous serious deficiencies, certainly including ethical deficiencies, in the mindset of some governmental employees. Fortunately, in this case, one Inspector General actually performed his duties properly, revealing at least a portion of these deficiencies, and his actions culminated in the resignation of the GSA Head, and the termination of at least two senior employees.
Change in the civil service is a full time job. Regrettably, this websites founder, and principal contributor, appears to have left us, in need, no doubt, of work that will be more remunerative. ‘Tis a real pity, cause the site continues to receive a large number of emails, many related to their own problems with improper and/or illegal actions by individual governmental employees, similar to what was occurring at the GSA. I’ve decided to run a thoughtful article that was submitted by Carolyn Elizabeth Ann O’Connor-White. If the article resonates, or you wish to contact her, the email address is: whitestrikesagain@yahoo.com
- John Paul Jones
You have come upon this article, probably because you have been searching the internet, looking for some consolation, support, identification or answers with regard to an injustice, apathy and corruption you have experienced.
You are looking for the spirit of democracy and no doubt, had your Constitutional rights denied, either as an individual who has represented themselves in a civil lawsuit, in (a higher) court, without a lawyer or are involved in a cause that appears to be going nowhere because you are facing a block at prevents the change you’re seeking.
Our Constitution, which was written for a democratic people, sets out the belief that every individual can change the world for the better and that good can triumph over evil.
Article 1, Section 8 of our Constitution contains the provision, that governmental institutions will be created to maintain the security of the citizenry and the protection and preservation of rights and liberties due the citizenry.) This Article is the basis of the early landmark decision, Marbury v. Madison, (1 Cranch 137, 1803) which sets out the principles that:
“The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he received an injury. One of the first duties of government is to afford that protection . . . The government of the United States has been emphatically termed a government of laws, and not of men.”
And
“Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void.”
Our current problems particularly have their roots in circumstances that occurred approximately three decades ago or more. At that time, the average person no longer became vigilant in protecting our basic rights and liberties because civil rights had finally been won for everyone. Mass protests finally came to fruition and law was eventually created to uphold this justice, which was, originally, won on the streets of this nation.
At that time, as a final injustice was defeated, it seemed that our civil rights could no longer be withheld from us. But they were taken away from us and in the most unobvious manner.
Being involved in our duties as common citizens, knowing our rights and having the capacity to be actively involved in our society and having input in creating and handling the law, which affects our society, became neglected and eventually taken away from the average citizen.
Being educated in, knowing and handling the law eventually became a segregated and exclusive providence of the legal trade, who eventually abused and betrayed the trust and responsibility that was given to them as guardians of the law and of our rights and liberties, to a point that, even though members of this trade take oaths to protect and preserve our Constitution, they exercise no obligation to do so. And to press complaints about their unconstitutional activity, is found to be fruitless.
There are no curbs on unreasonable behavior when where absolute power exists in the governmental employees, such as judges, a democracy does not exist. Societal control is now the providence of this legal “mafia”.
An early and famous example of this societal control was found in the decision of Roe v. Wade, (410 U. S. 113 1973) which was really not a question of law, but of right to certain personal control, which the court was obligated to have decided by a jury of peers – not as a ”bench decision” (a bench decision is a decision brought about between judges and lawyers – as opposed to a trial by jury as required by our Constitution).
This writer sets out that our government is still obligated to have this particular issue (Pro-choice v. Pro-life) decided by nationwide vote, but issues that affect our society is intentionally taken out of our hands.
If the citizenry of this country did not sense a loss in freedom with this decision, this particular issue would not have been brought up at every presidential election since then. It’s because our society was unjustly denied the right to vote and have a voice on a matter that effected this country as a whole – an issue that the government is still obligated to have voted on nationally.
So we have a problem.
For those of you who have represented themselves in court, particularly in the higher courts, without a lawyer, and have had their right to trial, the right to be heard denied (a 7th Amendment right) and their case dismissed without cause, or have joined a group to protest a cause that is going nowhere because this group has no capacity to influence the law or petition the government for grievances (1st Amendment right), kindly note this: your efforts to secure your due Constitutional rights and liberties, in fact, will be routinely denied or thwarted by the legal monopoly of our Federal and State governments and courts who now hold the absolute power to squash your rights and liberties. No peaceful recourse can be initiated for your rights without subscribing to this legal monopoly to “represent” you and your case will be handled at their discretion, not yours.
Section 35 of the Judiciary Act of 1789 sanctions the right of the individual to pursue their civil case in a court of law as does our 7th Amendment Constitutional right (the right to trial, the right to be heard). However, our courts pick and choose what laws they will adhere to and our Constitutional rights and liberties are not among these laws.
This legal monopoly, as “guardians” of the (higher) civil courts, prevent “non-lawyers” from exercising their rights, so you can now surmise that the less rights you have, the more money and power goes into a lawyers pocket. And who gives up money and power.
You cannot change bad laws or create better laws without “feeding” a lawyer or obtaining “permission” from the court (and ultimately from our Federal and/or State governments). And there is no chance of success for your case if it affects the interests of the powerful “status quo”.
You will also not get your right to trial by jury on your issue. A prime example of a “soft” suppressive technique by our governments, is shown in the handling of these Tea Party groups: their issues are forever in litigation but will, of course, never see a civil trial (of peers) on their cases. Litigation will be drawn out for years, if necessary, waiting for this group to disband.
To be deprived of one’s Constitutional rights is to be deprived of the fundamental rights of a democracy and the general welfare of a democratic society. Our founding fathers understood the relationship between our rights and our country’s economic well being.
Outside of this legal monopoly, we have no rights. Accordingly, our society now reflects the social structure of a tyranny: 80% of this country’s wealth is held in the control of 20% of the population (that’s 50% too much for a democracy). The middle class was “dangerously shrinking” even during the Bush Administration. We now have several levels of lower class.
But the stock market looks good! The economy must be looking up! Not really. We must distinguish between two (2) things: our economy and our stock market.
Our economy is the sum total of all goods and services that are produced in this country every day, such as vehicles from Ford or Toyota, chickens from Tyson, etc. Our economy is just as strong or as weak as last week.
On the other hand, the stock exchange is very different. There is no economy, no production of goods or services. This is merely a speculation in which people, from hour to hour, decide that this or that company is worth so much more or less. It doesn’t have anything to do with our economy.
What our situation is economically comes down to our own personal economics – such as those individuals whose debt exceeds the value of their homes, who look “middle class”, cannot even dig themselves out of debt, if that could ever occur. An income of $100,000. is now no indication that a family of four individuals can keep its head above crippling debt.
Our governments are now trained to burden us economically by operating on “crisis management” basis. Our Federal government is currently aware of the housing crisis in this country but sits on their hands because no one is yet rioting in the streets.
We are so trained that this current economy is a problem and we each have our own personal responsibility to dig ourselves out of this mess. We must not accept this propaganda.
Large public projects, costing millions of dollars and eventually millions of dollars in overrun costs, devours the economic base of our citizenry. After so much neglect of public conveniences and/or services, our governments then point to the necessity of said project/improvement to justify it costs and collect new large taxes. This could be a new Federal or State prison, new municipal buildings, massive roadway or bridge repair, etc. It just has to be done now or the public will be inconvenienced. This contributes to the economic depression of the citizenry and oppression for the elderly and poor when social services are economically cut back.
These larger oppressive economic issues in our society are based on the what is considered to be seemingly small issues that do not make media hype – being bullied from our due rights and liberties.
Thomas Jefferson considered the right to trial, the right to be heard (6th and 7th Amendments of our Constitution) the hinge on which all our rights depend. Experiencing, particularly, how the “non-lawyer” in a civil court case is barred from this right, shows how powerful a right this is. This legal monopoly will not let this right fall into our hands. This legal monopoly will not let anyone, other than themselves, make law.
Even the Supreme Court of the United States, according to their Handbook, will not let pro se litigants (a pro se litigant is a person who represents themselves in court without an attorney) use their law library nor allow pro se litigants to represent themselves in court without legal representation (if as “non-lawyers”, and their cases are ever heard!). Corruption runs to the very top of our government.
For those who remember our history, when the right to trial was suspended for the colonists by the British government, this became an unjust social issue, labeled as one of the “Abominable Acts”. This singular right can change many bad laws in our country or create many good laws, when initiated by the citizenry who are victimized by bad law.
When our Constitution was being written, Thomas Jefferson drew his inspiration and ideals from many political philosophies known at the time. The political philosophy John Locke, was also an influence on Thomas Jefferson.
In his work, The Second Treatise of Government, John Locke set out that when public officials withhold or deny the citizenry their due rights and liberties, they have, essentially, declared war on the people.
Our dilemma now is that “freedom and justice for all” is a farce in this country, particularly know to those who have attempted to seek their civil rights in a court of law and had their rights denied. As it stands, injustice is a nationwide disease.
Several peaceful solution exist for now: those victimized by their lack of rights can file Human Rights violations against the United States with the Organization of American States, and thus signal to the international community that real status of political reality in this country – that this is no longer a democracy. Our social structure now screams that this country is a tyranny.
Stop electing this legal monopoly into public office. Yes, they are always there, always look presentable, sincere and there seems to be no other choice, but find a candidate who is not part of this legal monopoly whom you can support. There must be someone out there on whom greatness can be thrust.
Come to grips with who our governments are and notice that this legal monopoly is actually all the same – just different faces. In practice, they pledge allegiance to their profession first, not to a government of the people, by the people or for the people.
Like the colonists in 1775, we lack our basic and due rights. Revolting against this oppressive power today is to be treated criminally and naturally this is feared. A certain rock star was correct in saying that there will never be a revolution in this country again – too much real estate is involved.
Economically, we really don’t know that now. Too many people cannot afford to keep a roof over their head and nor cover their basic living expenses.
What will eventually break the camel’s back, so to speak, for this country? Without our rights and liberties, we are technically slaves albeit slaves who have the “freedom” to work and own property. What future, do you want for your children?
