On Jun 28, 8:06 pm, NoEinstein <
noeinst...@bellsouth.net> wrote:
>
Folks: You are either reading my words because that's like recreation
to you, or you read to get insights either into science, or into the
psychology of my daily having to deal with mostly shallows as I try to
get my Improve the World message out. Am I asking too much to have
some of you say a few words in reply? I can assure you, I'm not
writing about science or about our mixed up government just to be
entertaining. Those of you who want your children and theirs to have
the best life possible are asked to side with me. The INERTIA against
doing the right things is incredible. Today, I have removed from my
New Constitution the word "Supreme" Court. The only supreme court in
America shall be the macro will of the American People. Pray for
America, and support my causes, if your can. — John A. Armistead —
AKA NoEinstein
Folks: In the past, the errant premise was: “If the Supreme Court
makes a ruling, that is what We the People must live by.” Nearly 15
years ago I was inspired to begin writing my New Constitution of the
United States of America, because of what I saw as the consistent
excess power being exercised by the Supreme Court. I was also
incensed over the near total loss of deference of law enforcement to
the People who are, effectively, paying their salaries. And I was
amazed how ’racial’ the courts were, especially, regarding the too-
high percentage of Blacks who wind up filling our jails, when in too
many instances, the hard evidence supporting guilt simply isn’t
there. I had once, single-handedly, set free a Black man being
charged with 2nd degree murder. My rationale, as an architect, was
that the confines of the front porch and the screened doorway into the
small duplex was simply too small a space for the defendant to have
wielded the 36” long 2x4 that was purported to be the murder weapon.
If not for me, that Black man would still be in jail for a crime he
didn’t commit.
Of all the racial minorities, Blacks come the closest to being
accepted on the merits of their often high work ethic as opposed to
being ’pigeon-holed’ because of the color of their skin. Since I was
committed to writing a most comprehensive New Constitution, I knew
that my document would need the support of a very high percentage of
Blacks in order to obtain the 60%, one-day support of all USA voters
needed to be ratified. So, while I penned and polished my document, I
kept asking two questions: “Would the Founding Fathers, and James
Madison in particular, have agreed with what I just wrote?” And…
“Will Blacks, who think as Americans first, and as a racial minority,
second, realize that their lots in life will be better, and the
possible discrimination against them, less, if they will support my
document?”
The main hurtle to my obtaining a high percentage of individual Black
support is the too-prevalent ’group mentality’ that Blacks should
stick together and vote together without considering the ‘Big
Picture’. Their “Al Sharpton” type leaders are, essentially,
lobbyists who are blackmailing having things be done, by government,
that will favor Blacks, regardless of who might get hurt in that
process. In a way, that is like handicapping Black players three
extra points on college and professional basketball teams, because the
needs of Blacks are greater than the needs of whites. But can their
be glory in any ‘victory’ if the rules of the game aren’t the same for
all of the players regardless of their race?
The rules of the game aren’t close to being equal, if the supposed
highest court in the land is called “Supreme”; and the justices wear
the cloaks of kings and queens; sit in thrown-like chairs, all lined-
up in a row, inside of a hypostyle, Temple-like building chiseled in
stone; and give a single justice the “power” to control the course of
this country—when there is no proof that those justices are
intellectually or morally superior. Their primary “virtue”, or
detriment, is their having been nominated and confirmed to the court
in the first place. In all other regards, those justices are just
typical college graduates who managed to make few enough waves
throughout their careers to get confirmed. And it doesn’t hurt that
each of them have at least a subliminal, philosophical agreement with
that of the presidents who nominated them.
Amazingly, amid all of the hype about how systematically the justices
make their varied decisions, probably not a single justice has
considered this hard fact: The Constitution had as the prime
objective, to have the government be agreeable to the majority of
Americans. That pivotal fact demands that nothing merely passed
through Congress and signed into law has any constitutionality,
whatsoever, unless the majority of Americans ALSO agree with the law!
From day one, about 55% of the voters don’t like Obama Care! That
mandate, however questionable pole results might me, automatically
disallows having the so-called supreme court “say” that that law is
constitutional. It never was, and never shall be!
Today—as tweaking of my New Constitution is being needed less often—I
have forever REMOVED the word “Supreme” in defining the SECOND highest
court in the land. Since my document will allow the one-day vote of
the People to decide non financial questions on most controversial
issues, the “High Court” (formerly the ’Supreme’ Court) won’t get the
final say on anything that the People feel is in great dispute. I
would call our resulting form of government a “Democracy-on-demand
Republic”!
The following Article 3 has monumental for-the-People advantages, with
our courts, rightly, being relegated to be servants of the People,
rather than Lords over even a single Law-abiding Citizen in any
court. Never again will any court not be deferential to the MACRO
will of the voters!
Article III:
Section 1: The lesser Judicial Branch consists of a High 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 High 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 High 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 High Court shall have appellate jurisdiction both as to law
and to fact—with such exceptions and under such regulations as the
House shall make. Except in cases of impeachment, trials shall be by
jury in the state where the 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 funda-mental. 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 Constitution, such as by enlisting subordinates into
unlawfulness that violates the civil rights of any Citizen or group.
No person shall be convicted of treason unless on the testimony of two
witnesses to the same overt act, or by confession in court. The House
sets punishment for treason, if the civil rights of innocent relatives
aren’t affected.
Witnesses in court shall be asked: “Do you promise that the
testimony you are about to give will be truthful to the best of your
knowledge?” No religious help or association shall be required during
the asking of such question. The truthfulness of a witness’s
testimony can be limited by the manner, sequence, and extent of
questioning, so witnesses always have the right to volunteer apt,
truthful testimony without fear of sanction by the court. Perjury
shall be punished commensurate with the negative effects resulting
therefrom. Judges shall have discretionary sentencing power below the
maximum, but felonies carry a min. 3-year sentence, or as stated
herein. The accrued negative effects of any criminal sentence shall
not exceed the accrued negative effects of the crime. Fines or
monetary judgments shall not be used to allay government costs. If
the public isn’t injured, it’s not a crime to flee or hide from
injustice, nor to aid another, therewith. Nor is it a crime, or proof
of a crime, for an innocent person to lie to protect their own
privacy, or the privacy of an innocent person. The House or states
shall pass no law nor approve any regulation requiring that a
convicted person admit to guilt in order to get a fair sentence or to
be considered for parole. During incarceration, if a jailed person’s
behavior has been good, at the appointed time, parole shall be
granted. When a conviction is appealed, adjudication shall occur
within six months, without public pressure, bias, or a presumption of
the correctness of the conviction. A rightful decision in such shall
be based only on the facts in the case while respecting the continuing
constitutional rights of the one convicted. The appeal(s) of a
conviction shall never place the appealer in jeopardy of a worse
sentence. A reasonable daily frequency of unmonitored phone calls and
unopened mail (external sniffing and/or x-raying accepted) shall be
allowed for persons held against their will.
Section 7: Judges and justices shall not selectively interpret,
limit, or exclude existing laws so as to effectively make new laws.
No judge or justice shall be appointed based on their ideology, nor
shall ideology be considered in confirmation processes. As to the
nominating or appointing of judges or justices: No candidate for
public office, member of the Executive Branch nor the House, shall
state nor imply that a nominee will hold, or does hold, a particular
ideology, because by so stating or implying, such candidate shall be
disqualified, the apt one’s governmental job shall be lost, and the
apt nominee disqualified. Criminal cases shall be processed as a
named, titleless person v. a named person(s). The defense can choose
to sit on either side of the court. Judges and justices shall not
anthropomorphize “the Court”, nor seek out “historical” court
positions on which to base decisions; rather, decisions shall be
theirs alone.
Section 8: It’s a felony for any person, organization, group, or
special interest—publicly or privately—to lobby judges or justices for
influencing their rulings; also, for any judge or justice to accept a
bribe in exchange for a judicial favor. It’s a capital offense for
such to accept a bribe that directly results in a person’s death.
It’s a felony to extort an innocent defendant into pleading guilty by
threatening to try them for a greater crime; ipso facto, the greater
crime is excused. Law enforcement and the courts shall be responsive
rather than proactive, protective without being subjugative, and shall
enforce the New Constitution ahead of any other laws or employment
hierarchies. Racial or other statistical profiling, preemptive
arrests, detention or sentencing are illegal if a person’s
constitutional rights are violated. But in an emergency, the President
—or when apt, a state governor(s)—may temporarily waive the latter.
It’s a felony for an attorney to acquiesce to their client’s ongoing
violations of this constitution, and/or their criminal conduct,
without censure; or for any reason to conspire to violate, or violate,
another person’s civil rights; or to stonewall the easy resolution of
justified complaints by non action, legal shenanigans or personal
bias. Similarly, it’s a civil offense for an individual, group or
business to require that a justified plaintiff have an attorney before
moving to make agreeable amends. States shall license no attorney on
the payroll or board of another type business, organization or non-
judicial governmental agency; nor one who violates this constitution;
nor one who because of personal bias, fails to competently defend the
civil rights of any Citizen. Incorporation doesn’t protect those in
such from personal responsibility for maliciousness in: harming any
person; irremediably harming local or world environs; or endangering
the likely health and safety of local or world Citizens. A crime’s
seriousness shall be consistent with the mores of the People and the
apt juries rather than with government. Judges & justices shall be
well mannered, forthright and succinct; courtrooms aren’t their
property nor forums for venting their feelings. A Citizen can
sanction a judge or justice in court for deviating from this
constitution or its spirit. Rightful behavior by any law-abiding
Citizen is appropriate, implicitly, and no Citizen so acting shall be
subordinate in or to any court, nor be made to defer to overly drawn-
out legal processes or pending rulings. “
Respectfully submitted,
John A. Armistead
Author and Patriot
> to you, or you read to get insights either intoscience, or into the
> psychology of my daily having to deal with mostly shallows as I try to
> get my Improve the World message out. Am I asking too much to have
> some of you say a few words in reply? I can assure you, I'm not
> writing aboutscienceor about our mixed up government just to be