My abstract painting is taking more and more of my time, so somewhat regrettably, I must cut way back on posts to this site. Apologies to all, especially the new folks who recently joined/visited. You may wish to utilize this website's Search function and seek posts with the following terms: corporatocracy, or constitution, or republic, or globalization, or fascism, etc. I'm especially pleased with the three-part series on Globalization; that took a lot of work, and I believe it contains much valuable information.
If you care to visit, my new website is:
http://scott-haley.fineartamerica.com/
I've had a passion for art for several decades now, and because "Tempus Fugit", it's now that I must pursue it wholeheartedly.
Sincerest thanks to all for your support and kind remarks relative to Individual Sovereignty. From time to time, I'll try to squeeze in a post here...especially when the actions of the one-party corporatocracy are so outrageous that they beg for a scathing comment or two. (I know, that's almost every day.) :)
Be at peace...be well.
Tuesday, February 8, 2011
Friday, December 31, 2010
The Best Thing in 2010...
The best thing, that is, relative to peacefully fighting the Corporatocracy, or the Military-Industrial Complex, or the Oligarchy, or the Plutocracy... or whatever one wishes to call it. That "best thing" was the action by Wikileaks.
Many have disagreed already, and I suppose many more will. They think it was a "bad" thing. Their main argument seems to be: the leaks put lives at risk. The only specific life at risk that I've heard about so far is that of an Iranian person; but, there probably are others as well. There are a few possible retorts to that argument, as follows.
1. It is not the job of Wikileaks to secure the safety of a spy. That job falls to the spy and the Government. Apparently they didn't do a good job.
2. To use the Government's own argument, sometimes in accomplishing a greater good, there is "collateral damage". Was it a greater good? Yes. We the People have a right to know what the Corporatocracy is up to, and what its adherents think of other governments. We have a right to know if they are up to no good, and too often they are. Cases proving that number in the hundreds or perhaps thousands. A few examples: the instances of damage to "downwinders", relative to above-ground atomic testing years ago; the instances of damage to soldiers and others who were given LSD without their knowledge; the instances of damage resulting from Agent Orange during the Vietnam War; the instances of damage known as the Gulf War syndrome, almost certainly due to exposure to "depleted uranium" (that's govt-speak for nuclear waste) and untested vaccines; and, the Tonkin Gulf incident, which did not happen the way the Government reported it.
3. How is this significantly different from when the CIA's Valerie Plame was "outed", probably by Dick Cheney via Scooter Libby? I don't recall too many folks (especially "Conservatives") crying foul over that action.
4. If we accept the commonly held belief that our Government must be able to keep secrets from the People in order to operate effectively, then where do we draw the line...and how do we know that the agreed upon line is being properly observed by the govt? Seriously.
5. Similar to #2 above: our central government, as well as mega corporations, have shown over and over that they are not to be trusted. We need to know as much as we can get our hands on in order to keep our health and freedom.
Have a happy New Year.
Many have disagreed already, and I suppose many more will. They think it was a "bad" thing. Their main argument seems to be: the leaks put lives at risk. The only specific life at risk that I've heard about so far is that of an Iranian person; but, there probably are others as well. There are a few possible retorts to that argument, as follows.
1. It is not the job of Wikileaks to secure the safety of a spy. That job falls to the spy and the Government. Apparently they didn't do a good job.
2. To use the Government's own argument, sometimes in accomplishing a greater good, there is "collateral damage". Was it a greater good? Yes. We the People have a right to know what the Corporatocracy is up to, and what its adherents think of other governments. We have a right to know if they are up to no good, and too often they are. Cases proving that number in the hundreds or perhaps thousands. A few examples: the instances of damage to "downwinders", relative to above-ground atomic testing years ago; the instances of damage to soldiers and others who were given LSD without their knowledge; the instances of damage resulting from Agent Orange during the Vietnam War; the instances of damage known as the Gulf War syndrome, almost certainly due to exposure to "depleted uranium" (that's govt-speak for nuclear waste) and untested vaccines; and, the Tonkin Gulf incident, which did not happen the way the Government reported it.
3. How is this significantly different from when the CIA's Valerie Plame was "outed", probably by Dick Cheney via Scooter Libby? I don't recall too many folks (especially "Conservatives") crying foul over that action.
4. If we accept the commonly held belief that our Government must be able to keep secrets from the People in order to operate effectively, then where do we draw the line...and how do we know that the agreed upon line is being properly observed by the govt? Seriously.
5. Similar to #2 above: our central government, as well as mega corporations, have shown over and over that they are not to be trusted. We need to know as much as we can get our hands on in order to keep our health and freedom.
Have a happy New Year.
Monday, November 1, 2010
The Opium of the Masses
This may be viewed as heresy by some: voting is the opium of the masses in this beloved country. It makes us feel as if we're making a difference in a system that in essence has but one major political party, the hidden Transnational Mega Corporation Party (the TMCP).
Admittedly, there are still a few minor differences between the Democrats and the Republicans; but regarding really significant issues, the two factions of the TMCP basically are identical. Following are some (not all) of those issues---
Both Dems and Repubs support (or do not oppose):
1. continued deficit-spending;
2. a fiat money system;
3. the practice of Legislative Absolutism (see previous posts);
4. an ever-expanding Federal Government;
5. ignoring the Constitution whenever it suits political purposes;
6. unconstitutional wars;
7. extraordinary rendition (kidnapping suspects, then sending them off to countries which countenance torture);
8. infringing on natural rights under the guise of "protection and safety";
9. highly restrictive ballot-access laws, created by the Dems and Repubs to limit political competition from third parties;
10. continued raising of the Federal Debt Limit;
11. the export of jobs out of the USA, which benefits the Corporatocracy and devastates American workers;
12. continued trading with China, a country that imprisons and/or murders Tibetan monks and nuns (as well as ordinary Chinese dissenters) for their beliefs in freedom;
13. the IMF, WTO, and World Bank, all tools of Globalization and the destruction of our Republic;
14. the financial bailing out of private, mega corporations;
15. wasteful, pork barrel spending on projects that should be financed by individual States (assuming that the State voters approve);
16. accepting huge, filtered (through PACs) campaign donations from mega corporations, and then voting accordingly;
17. making back room deals with mega industries (e.g., the deal Obama made with the health insurance industry relative to the passage of ObamaCare--- see the PBS Frontline piece titled, Obama's Deal); and,
18. interventionism regarding other sovereign countries, which involves pre-emptive invasion, or assassinations, or overthrowing democratically elected governments, or attacking with predator drone aircraft without the permission of the leaders of that country.
Our national, elected leaders appear to have only two major concerns: the promotion of mega corporate Globalization, and the expansion of the American Empire. Domestic issues seem to be of little or no concern to the politicos. It is my belief that the Democrats and Republicans have more than had their chances to benefit average Americans. They have failed...and they have failed miserably. They aren't going to change their ways, if history is any indication. I think it's time to begin the long process of dethroning the two factions of the TMCP. Forget the "wasted vote" argument. That's unabashed propaganda from those currently in power. "In power" is not really accurate; they essentially are free-loading puppets of unelected rulers. The point is: they are tainted and corrupt to the core. I'm fairly sure that there are a few exceptions to that rule...but very few.
Mark these words: even if the Republicans make significant gains in this election, not much will change. The Corporatocracy will continue to rule. One could argue, I suppose, that any new political party eventually would become just as corrupt as the Dems and Repubs, but that's not a certainty. One thing that we do know for certain: the current "representative" parties definitely are corrupt, and definitely are puppets. We have nothing to lose by dethroning them and trying a new approach.
Admittedly, there are still a few minor differences between the Democrats and the Republicans; but regarding really significant issues, the two factions of the TMCP basically are identical. Following are some (not all) of those issues---
Both Dems and Repubs support (or do not oppose):
1. continued deficit-spending;
2. a fiat money system;
3. the practice of Legislative Absolutism (see previous posts);
4. an ever-expanding Federal Government;
5. ignoring the Constitution whenever it suits political purposes;
6. unconstitutional wars;
7. extraordinary rendition (kidnapping suspects, then sending them off to countries which countenance torture);
8. infringing on natural rights under the guise of "protection and safety";
9. highly restrictive ballot-access laws, created by the Dems and Repubs to limit political competition from third parties;
10. continued raising of the Federal Debt Limit;
11. the export of jobs out of the USA, which benefits the Corporatocracy and devastates American workers;
12. continued trading with China, a country that imprisons and/or murders Tibetan monks and nuns (as well as ordinary Chinese dissenters) for their beliefs in freedom;
13. the IMF, WTO, and World Bank, all tools of Globalization and the destruction of our Republic;
14. the financial bailing out of private, mega corporations;
15. wasteful, pork barrel spending on projects that should be financed by individual States (assuming that the State voters approve);
16. accepting huge, filtered (through PACs) campaign donations from mega corporations, and then voting accordingly;
17. making back room deals with mega industries (e.g., the deal Obama made with the health insurance industry relative to the passage of ObamaCare--- see the PBS Frontline piece titled, Obama's Deal); and,
18. interventionism regarding other sovereign countries, which involves pre-emptive invasion, or assassinations, or overthrowing democratically elected governments, or attacking with predator drone aircraft without the permission of the leaders of that country.
Our national, elected leaders appear to have only two major concerns: the promotion of mega corporate Globalization, and the expansion of the American Empire. Domestic issues seem to be of little or no concern to the politicos. It is my belief that the Democrats and Republicans have more than had their chances to benefit average Americans. They have failed...and they have failed miserably. They aren't going to change their ways, if history is any indication. I think it's time to begin the long process of dethroning the two factions of the TMCP. Forget the "wasted vote" argument. That's unabashed propaganda from those currently in power. "In power" is not really accurate; they essentially are free-loading puppets of unelected rulers. The point is: they are tainted and corrupt to the core. I'm fairly sure that there are a few exceptions to that rule...but very few.
Mark these words: even if the Republicans make significant gains in this election, not much will change. The Corporatocracy will continue to rule. One could argue, I suppose, that any new political party eventually would become just as corrupt as the Dems and Repubs, but that's not a certainty. One thing that we do know for certain: the current "representative" parties definitely are corrupt, and definitely are puppets. We have nothing to lose by dethroning them and trying a new approach.
Monday, October 18, 2010
No Representation in DC
This post will be short, but not sweet.
We no longer have a representative government at the national level. Some folks say, "But...we elected them; therefore, they represent us." Sorry, but after getting elected, here's what our "representatives" do:
1. pass legislative bills without reading them [Representative Conyers told one interviewer, "Sit down my son; we don't read any of the bills we pass." This, after the interviewer had asked why the Patriot Act had not been read before passage.];
2. attach unpopular bills as amendments to wildly popular bills;
3. vote themselves a pay raise...during a recession;
4. accept hidden/filtered campaign contributions from certain entities, and then vote in favor of bills that benefit those same entities;
5. give/loan billions of dollars to private mega corporations, while essentially raising taxes on the rest of us;
6. for all intents and purposes, nationalize certain portions of particular industries (AIG Insurance, General Motors, some banks, etc.), while allowing Wall Street insiders to continue trading complex derivatives---about $600 trillion** so far (compare that to the world GDP); and,
7. too often, ignore the limitations placed upon them by the Constitution or abdicate their duties under that document. [Example: it is the duty of Congress to regulate the value of our money.]
Now, I ask you: how is all or any of that being a representative government? I would venture to guess that there is not even one voter in this country who wants any part of the above list.
Yes, we elected them. But their actions after election do not represent us. Instead, their actions represent their own self-interests and those of mega corporations. The rest of us are left out in the cold, chewing on empty promises and sly propaganda.
The worst of it is this: we keep re-electing these liars to office...over and over. Come on, now...let's do things differently. Eh?
**Note: my source was two months old. The new figure for the derivatives total is $1.2 quadrillion; that is about twenty times the total of the world's GDP. It has the capability of collapsing our entire financial system; the crisis is far from over. Keep in mind, too, that the Republicans are just as bad (or a little worse) than are the Democrats when it comes to protecting the Wall Street investment banksters.
We no longer have a representative government at the national level. Some folks say, "But...we elected them; therefore, they represent us." Sorry, but after getting elected, here's what our "representatives" do:
1. pass legislative bills without reading them [Representative Conyers told one interviewer, "Sit down my son; we don't read any of the bills we pass." This, after the interviewer had asked why the Patriot Act had not been read before passage.];
2. attach unpopular bills as amendments to wildly popular bills;
3. vote themselves a pay raise...during a recession;
4. accept hidden/filtered campaign contributions from certain entities, and then vote in favor of bills that benefit those same entities;
5. give/loan billions of dollars to private mega corporations, while essentially raising taxes on the rest of us;
6. for all intents and purposes, nationalize certain portions of particular industries (AIG Insurance, General Motors, some banks, etc.), while allowing Wall Street insiders to continue trading complex derivatives---about $600 trillion** so far (compare that to the world GDP); and,
7. too often, ignore the limitations placed upon them by the Constitution or abdicate their duties under that document. [Example: it is the duty of Congress to regulate the value of our money.]
Now, I ask you: how is all or any of that being a representative government? I would venture to guess that there is not even one voter in this country who wants any part of the above list.
Yes, we elected them. But their actions after election do not represent us. Instead, their actions represent their own self-interests and those of mega corporations. The rest of us are left out in the cold, chewing on empty promises and sly propaganda.
The worst of it is this: we keep re-electing these liars to office...over and over. Come on, now...let's do things differently. Eh?
**Note: my source was two months old. The new figure for the derivatives total is $1.2 quadrillion; that is about twenty times the total of the world's GDP. It has the capability of collapsing our entire financial system; the crisis is far from over. Keep in mind, too, that the Republicans are just as bad (or a little worse) than are the Democrats when it comes to protecting the Wall Street investment banksters.
Sunday, October 10, 2010
Class War, Propaganda, and Debt
Not long ago Warren Buffett stated, "We're in a class war in this country, and unfortunately, my class is winning." He couldn't be more correct.
We don't like to think in terms of socio-economic "classes" in the US. We prefer to believe that, even though we use terms such as "lower class" and "upper class", somehow those do not apply to us as individuals. We like to believe that our family is in the "middle class", and that so, too, are about 98% of all Americans. We've heard that the so-called middle class is disappearing, but we don't believe it. We really are deluded.
When representatives of the Fed Government tell us (via the Mega Corporate Media) that the recent Great Recession officially ended last year, what they mean is that it ended for the upper class. The disappearing middle class and the lower class are still in a recession, and will be for quite awhile. There is no such thing as a nearly jobless economic recovery, regardless of the propaganda from the Government. When the stock market is doing well, the rich are doing well. The primary way in which the rest of us do well is via decent-paying, somewhat secure jobs.
There is a myth in this country that the overwhelming majority of Americans are involved in the stock market. Undoubtedly many are, especially through pension fund investments; but overall, the involvement for most of us is not to any significant degree. I've seen a number of sources that state: only about 25% of working adults are involved significantly with stocks; but for only the upper class, the number virtually is 100%. Despite this, or perhaps because of it, the Mega Corporate Media place undue importance on the stock market when it comes to our economy. Two-thirds of our economy is driven by consumer spending, not by the stock market.
More and more, it's becoming blatantly apparent to the average person that the stock market basically is a racket. For example, high frequency traders who use high powered computers to buy and sell in less than a minute have a huge advantage over regular traders, and may be privy to inside information. They were the cause of the market dropping about 600 points in a flash not long ago. Furthermore, the SEC does not have the capability to keep up with these types of operations. Then, too, there is the whole business of trading derivatives that makes the entire system shaky. [There are about $600 trillion of derivatives out there currently.] Derivatives essentially are worthless, they have no intrinsic value, unless you are an insider.
The mega banks are making debt slaves of us all, and the Fed Government is helping them. Recent claims by national politicians that the latest financial regulatory laws are good for consumers but not for banks or Wall Street are pure, unadulterated propaganda. The recent financial reform, including credit card reform, is nothing but window dressing. [If someone misses a payment, banks still can charge as much as 70% interest from then on; there was a time when that was called usury, and it was illegal.] The mega banks loved the reform, mostly because it failed to address any significant issues. For the most part, it's business as usual for the banks and Wall Street.
Because mid-term elections rapidly are approaching, national politicians now are claiming that they're concerned about deficits and the national debt. Those claims either are lies or propaganda, or both. History suggests that's so. As soon as the elections are over, it will be business as usual. To think otherwise is to be politically naive.
Reagan, Bush Sr., Clinton, and Bush Jr. all raided the SS Trust Fund in order to get enough money just to pay the interest on the national debt. I'm fairly certain that Obama, as well, will take his turn. [A small portion of the billions taken was returned to the Fund.] Most of those interest payments go to central banks worldwide. This is not a partisan issue. The Republicans and Democrats are factions of the Transnational Mega Corporation Party (the TMCP), the only major political party in the US. Mega banks are an important part of the TMCP. Obviously, I'm inventing/ coining the name, TMCP; nevertheless, the entity exists, by whatever name or no name. As FDR once said, "In this country, Presidents are selected, not elected." Woodrow Wilson, late in his final term, opined that he feared he had ruined the country by signing into law the Federal Reserve Act. He was right. The Fed Reserve has our government borrow its own money and pay interest to the Fed Reserve Bank, "...a privately owned corporation, and not a federal instrumentality...", according to a 1984 Fed Court decision.
The upper crust of mega banks and other mega corporations, not politicians, rule this land. The politicians are puppets. Those few who are not puppets quickly are marginalized and ostracized by the "mega corporate club", so to speak. This all is so blatantly obvious that it's embarrassing. I love this country, but our central government is a farce. Those who think not are, in my opinion, victims of incessant propaganda.
So, what's to be done? There are many options available to us, but frankly, I don't know which one would be effective. Then there's the question of practicality. My observations over the past fifty years suggest that Americans aren't willing to risk much to bring about political change that matters. That's why several options are not very practical. It would seem to me that at the very least, we should retire about 99% of the incumbents in next month's election...and that applies to both factions of the TMCP. Unfortunately, due to propaganda from the Establishment, I suspect even that won't happen.
We don't like to think in terms of socio-economic "classes" in the US. We prefer to believe that, even though we use terms such as "lower class" and "upper class", somehow those do not apply to us as individuals. We like to believe that our family is in the "middle class", and that so, too, are about 98% of all Americans. We've heard that the so-called middle class is disappearing, but we don't believe it. We really are deluded.
When representatives of the Fed Government tell us (via the Mega Corporate Media) that the recent Great Recession officially ended last year, what they mean is that it ended for the upper class. The disappearing middle class and the lower class are still in a recession, and will be for quite awhile. There is no such thing as a nearly jobless economic recovery, regardless of the propaganda from the Government. When the stock market is doing well, the rich are doing well. The primary way in which the rest of us do well is via decent-paying, somewhat secure jobs.
There is a myth in this country that the overwhelming majority of Americans are involved in the stock market. Undoubtedly many are, especially through pension fund investments; but overall, the involvement for most of us is not to any significant degree. I've seen a number of sources that state: only about 25% of working adults are involved significantly with stocks; but for only the upper class, the number virtually is 100%. Despite this, or perhaps because of it, the Mega Corporate Media place undue importance on the stock market when it comes to our economy. Two-thirds of our economy is driven by consumer spending, not by the stock market.
More and more, it's becoming blatantly apparent to the average person that the stock market basically is a racket. For example, high frequency traders who use high powered computers to buy and sell in less than a minute have a huge advantage over regular traders, and may be privy to inside information. They were the cause of the market dropping about 600 points in a flash not long ago. Furthermore, the SEC does not have the capability to keep up with these types of operations. Then, too, there is the whole business of trading derivatives that makes the entire system shaky. [There are about $600 trillion of derivatives out there currently.] Derivatives essentially are worthless, they have no intrinsic value, unless you are an insider.
The mega banks are making debt slaves of us all, and the Fed Government is helping them. Recent claims by national politicians that the latest financial regulatory laws are good for consumers but not for banks or Wall Street are pure, unadulterated propaganda. The recent financial reform, including credit card reform, is nothing but window dressing. [If someone misses a payment, banks still can charge as much as 70% interest from then on; there was a time when that was called usury, and it was illegal.] The mega banks loved the reform, mostly because it failed to address any significant issues. For the most part, it's business as usual for the banks and Wall Street.
Because mid-term elections rapidly are approaching, national politicians now are claiming that they're concerned about deficits and the national debt. Those claims either are lies or propaganda, or both. History suggests that's so. As soon as the elections are over, it will be business as usual. To think otherwise is to be politically naive.
Reagan, Bush Sr., Clinton, and Bush Jr. all raided the SS Trust Fund in order to get enough money just to pay the interest on the national debt. I'm fairly certain that Obama, as well, will take his turn. [A small portion of the billions taken was returned to the Fund.] Most of those interest payments go to central banks worldwide. This is not a partisan issue. The Republicans and Democrats are factions of the Transnational Mega Corporation Party (the TMCP), the only major political party in the US. Mega banks are an important part of the TMCP. Obviously, I'm inventing/ coining the name, TMCP; nevertheless, the entity exists, by whatever name or no name. As FDR once said, "In this country, Presidents are selected, not elected." Woodrow Wilson, late in his final term, opined that he feared he had ruined the country by signing into law the Federal Reserve Act. He was right. The Fed Reserve has our government borrow its own money and pay interest to the Fed Reserve Bank, "...a privately owned corporation, and not a federal instrumentality...", according to a 1984 Fed Court decision.
The upper crust of mega banks and other mega corporations, not politicians, rule this land. The politicians are puppets. Those few who are not puppets quickly are marginalized and ostracized by the "mega corporate club", so to speak. This all is so blatantly obvious that it's embarrassing. I love this country, but our central government is a farce. Those who think not are, in my opinion, victims of incessant propaganda.
So, what's to be done? There are many options available to us, but frankly, I don't know which one would be effective. Then there's the question of practicality. My observations over the past fifty years suggest that Americans aren't willing to risk much to bring about political change that matters. That's why several options are not very practical. It would seem to me that at the very least, we should retire about 99% of the incumbents in next month's election...and that applies to both factions of the TMCP. Unfortunately, due to propaganda from the Establishment, I suspect even that won't happen.
Sunday, September 26, 2010
New World Order...from Newsweek
http://www.newsweek.com/2010/09/26/the-new-world-order-a-map.html
The propaganda is becoming bolder. The article is by Joel Kotkin, an adjunct Fellow with the Legatum Institute of London, and the jist of it is that the importance of national borders has become far less significant due to the rise of "tribal ties" based upon race, ethnicity, and religion. Kotkin/Newsweek provide a world map delineating the suggested new "groupings" of what are now nations. As an example, Denmark, Finland, Germany, the Netherlands, Norway, and Sweden are combined into what Kotkin calls "New Hansa". Canada and the USA become the "North American Alliance". And so on.
The Legatum Institute is a London-based think tank and is part of the Legatum Group, a private global investment firm headquartered in Dubai. Legatum as a whole promotes globalization and so-called "free trade". [For poor countries, it's not free and it's not trade; rather, it is extortion. For wealthy countries, it is the transfer of wealth from the middle class to the upper crust.]
The Newsweek article goes into some detail as to why Kotkin's groupings make sense, but then ends somewhat abruptly. As far as I can tell, the purpose of the piece seems to be the instilling of the idea that the concept of nation-states is on the demise, and that we should consider the more logical proposition of regional groupings. One can hypothesize that, further down the road, other articles will appear in the mainstream Corporate Media reinforcing that idea. We further can hypothesize that sometime later the idea of a world governing body to coordinate "regions" will be proposed. It's all about the planting of intellectual seeds, making world governance appear to be reasonable.
Kotkin is the author of Tribes, and another book, The Next Hundred Million.
The propaganda is becoming bolder. The article is by Joel Kotkin, an adjunct Fellow with the Legatum Institute of London, and the jist of it is that the importance of national borders has become far less significant due to the rise of "tribal ties" based upon race, ethnicity, and religion. Kotkin/Newsweek provide a world map delineating the suggested new "groupings" of what are now nations. As an example, Denmark, Finland, Germany, the Netherlands, Norway, and Sweden are combined into what Kotkin calls "New Hansa". Canada and the USA become the "North American Alliance". And so on.
The Legatum Institute is a London-based think tank and is part of the Legatum Group, a private global investment firm headquartered in Dubai. Legatum as a whole promotes globalization and so-called "free trade". [For poor countries, it's not free and it's not trade; rather, it is extortion. For wealthy countries, it is the transfer of wealth from the middle class to the upper crust.]
The Newsweek article goes into some detail as to why Kotkin's groupings make sense, but then ends somewhat abruptly. As far as I can tell, the purpose of the piece seems to be the instilling of the idea that the concept of nation-states is on the demise, and that we should consider the more logical proposition of regional groupings. One can hypothesize that, further down the road, other articles will appear in the mainstream Corporate Media reinforcing that idea. We further can hypothesize that sometime later the idea of a world governing body to coordinate "regions" will be proposed. It's all about the planting of intellectual seeds, making world governance appear to be reasonable.
Kotkin is the author of Tribes, and another book, The Next Hundred Million.
Friday, September 24, 2010
The Last Bastion
In my opinion, the last bastion against an errant government (not counting armed revolt) is jury nullification. Very early in our country's history, the role of jury nullification as a defense against oppression by the State was unquestioned. It remained so until the 1850s, a time during which many juries began not convicting in prosecutions under the Fugitive Slave Act. Judges, seeing a mighty demonstration of the power of juries, began to change the rules of the Court. The primary and most devastating change was that juries would no longer be permitted (by judges) to judge the law; they would be confined to judging only the facts of the case.
The new rules were (and still are) a blatant infringement on the rights of juries. That's not just my view...
"The jury has a right to judge both the law and the facts in controversy."
~ John Jay, First Chief Justice, U.S. Supreme Court, 1789
"The jury has the right to determine both the law and the facts."
~ Samuel Chase, U.S. Supreme Court Justice, 1796
"The law itself is on trial quite as much as the cause which is to be decided."
~ Harlan F. Stone, 12th Chief Justice, U.S. Supreme Court, 1941
Juries routinely are told by judges that jury members cannot judge the law, only the facts of the case. Not true. Numerous case decisions have upheld the right of any juror to nullify a "bad" law and vote to acquit. Example: "The jury has an unreviewable and unreversible power...to acquit in disregard of the instructions on the law given by the trial judge." U.S. v. Dougherty, 473 F 2nd 1113, 1139 (1972). Example: "...it is presumed that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision. You have a right to take upon yourselves to judge of both, and to determine law as well as the fact in controversy." [Emphasis added.] State of Georgia v. Brailsford, et.al. 3 U.S. 1 Dall. (1794).
So, why do jurors not know these things? The reason is simple: in Sparf v. United States (1895), the Court decided that courts need not inform jurors of their de facto right of jury nullification even though the jurors' inherent right to judge the law remains unchallenged. All judges are aware of this. Rather than inform juries of all their rights, judges tend to intimidate jurors by telling them that they cannot judge the law.
All of this is crucial to individual sovereignty and freedom because governments practice Legislative Absolutism (a term coined by Justice Harlan in 1901), passing laws without any regard for constitutions (Federal and State). Other than bringing suit in a court of law, the aggrieved citizen has no legal and peaceful recourse except to rely on jury nullification. Bringing suit usually is very expensive and time-consuming. Unfortunately, relying on jury nullification depends upon having a fully informed citizenry, and jurors with courage and integrity...therefore, spread the word! We need fully informed juries.
The new rules were (and still are) a blatant infringement on the rights of juries. That's not just my view...
"The jury has a right to judge both the law and the facts in controversy."
~ John Jay, First Chief Justice, U.S. Supreme Court, 1789
"The jury has the right to determine both the law and the facts."
~ Samuel Chase, U.S. Supreme Court Justice, 1796
"The law itself is on trial quite as much as the cause which is to be decided."
~ Harlan F. Stone, 12th Chief Justice, U.S. Supreme Court, 1941
Juries routinely are told by judges that jury members cannot judge the law, only the facts of the case. Not true. Numerous case decisions have upheld the right of any juror to nullify a "bad" law and vote to acquit. Example: "The jury has an unreviewable and unreversible power...to acquit in disregard of the instructions on the law given by the trial judge." U.S. v. Dougherty, 473 F 2nd 1113, 1139 (1972). Example: "...it is presumed that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision. You have a right to take upon yourselves to judge of both, and to determine law as well as the fact in controversy." [Emphasis added.] State of Georgia v. Brailsford, et.al. 3 U.S. 1 Dall. (1794).
So, why do jurors not know these things? The reason is simple: in Sparf v. United States (1895), the Court decided that courts need not inform jurors of their de facto right of jury nullification even though the jurors' inherent right to judge the law remains unchallenged. All judges are aware of this. Rather than inform juries of all their rights, judges tend to intimidate jurors by telling them that they cannot judge the law.
All of this is crucial to individual sovereignty and freedom because governments practice Legislative Absolutism (a term coined by Justice Harlan in 1901), passing laws without any regard for constitutions (Federal and State). Other than bringing suit in a court of law, the aggrieved citizen has no legal and peaceful recourse except to rely on jury nullification. Bringing suit usually is very expensive and time-consuming. Unfortunately, relying on jury nullification depends upon having a fully informed citizenry, and jurors with courage and integrity...therefore, spread the word! We need fully informed juries.
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