______________________________________________________
The Battle
Lines are Drawn: J.A.I.L.
versus The Foreign Power
A Power Foreign to Our
Constitution
Mission
Statement
JNJ Library
Federal
J.A.I.L.
FAQs
What?MeWarden?
Forfeiture
of
The Great American
Experiment
(Forfeited for Want of an Enforcement Provision in
the Constitution)
by Barbie, ACIC, National J.A.I.L.
victoryusa@jail4judges.org
The "Great American Experiment" (GAE) was launched upon the founding of
this great nation --which is still great, despite the foreign power that
has assumed mastery over it and destroyed the American fabric from within. The
bedrock for the GAE lies on the principles set forth in our founding document,
the Declaration of Independence (DOI), adopted July 4, 1776 which is the
logical place to begin this discussion.
We hold
these truths to be self-evident, that all men are created
equal,
that they
are endowed by their Creator with certain unalienable
rights,
that among
these are life, liberty and the pursuit of
happiness.
That to
secure these rights, governments are instituted among
men,
deriving
their just powers from the consent of the governed,
that
whenever
any form of government becomes destructive of these
ends,
it is the
right of the people to alter or to abolish it, and to institute
new
government,
laying its foundation on such principles and
organizing
its powers
in such forms, as to them shall seem most likely to
effect
their safety and
happiness. Declaration of Independence
[pertinent portion]
This is where it all starts-- the principles for political life in
America don't get any more basic than the self-evident truths enunciated above.
That's where the Great American Experiment has to start, and where it does
start. It begins with the People who are the only
sovereign individual beings on earth, each created by his/her Creator Who
endowed each of them with inherent rights as part of their being. Together with
those inherent rights is the right to have them protected. The protection of
rights is inseparable from the right itself.
There is no other creature on earth possessing that sovereign station and
properties-- no corporation, no state, county or city, nor anyone in an
official capacity of power, whether king, justice, judge, governor, or president
on down. All of their power must be derived from the sovereign People, by their
consent, according to the laws of nature. Any power other than that is stolen,
confiscated, and usurped which amounts to counterfeit power, as despotism which
controls populations of the world. The GAE is an attempt to fashion America
according to the basic laws of nature, respecting the fact that all
political power rests in the People. The American People were given a glorious
opportunity by the GAE to realize that kind of life in this country, but it was
up to them to see that it would be protected.
The United
States of America was founded as a bold experiment designed to demonstrate the
possibility of creating a society governed by ordinary citizens that gives full
expression to the ideals of liberty, justice, and opportunity for all. In its
time it was a truly audacious idea. When the founders boldly declared that all
men are created equal and that governments derive their power from the consent
of the governed, the evidence of 5,000 years of rule by hereditary emperors,
kings, and feudal lords suggested such an idea might even be contrary to human
nature. Renewing
the American Experiment by David Korten https://www.yesmagazine.org/article.asp?ID=1004
According to philosopher John Locke, under whose
influence the DOI was written, there are three sources of power: (1) By Nature
(paternal), (2) By Consent (political), or (3) By
Conquest (despotic):
Sec. 173.
Nature gives the first of these, viz. paternal power to parents for the benefit
of their children during their minority, to supply their want of ability, and
understanding how to manage their property. (By property I must be understood
here, as in other places, to mean that property which men have in their persons
as well as goods.) Voluntary agreement gives the second, viz. political power to
governors for the benefit of their subjects, to secure them in the possession
and use of their properties. And forfeiture gives the third despotical power to
lords for their own benefit, over those who are stripped of all property.
Chapter XV - Of Paternal,
Political, and Despotical Power, considered
together
Power By Consent (political) rules
out Power
By Conquest (despotic) and vice-versa. Both sources of power cannot exist
simultaneously.
"We shall have world
government, whether or not we like it," declared international banker James P.
Warburg (CFR) in testimony before the Senate Foreign Relations Committee in
1950. "The question is only whether world government will be achieved by consent or by conquest." [emph. added
-j4j] The Price of Losing by William P.
Hoar
The GAE was
based on Power By Consent of the People according to the laws of nature. Certain
state Constitutions acknowledge "All political power is inherent in
the people." That fact is indeed true; however it must be respected in practice
and not just acknowledged in theory. It is also a "truism" that "Nature abhors a
vacuum." Power By Consent is a form of liberty, an unalienable right.
Thomas Jefferson is attributed with saying,
"The Price of Liberty is Eternal
Vigilance." That is the power by which the People were
to institute government to protect their rights. The Constitution was written as
the People's Power of Consent for government. See The Consent of the
Governed is the U.S. Constitution https://www.jail4judges.org/JNJ_Library/2007/2007-01-30B.html.
The People must remain eternally vigilant to maintain the use of that right,
otherwise it will be lost by forfeiture and the vacuum left will at once be
filled by Power By Conquest (despotism),
by default.
To protect
their Power By Consent, the People should have insisted on having an enforcement
provision included in the Constitution to make it meaningful, just as they
insisted on having a written Declaration of Independence, a Constitution, and a
Bill of Rights, all constituting the GAE. Negligence of the People in
any aspect of the GAE would cause them to forfeit all of it. And that's
precisely what happened: For want of an enforcement provision in the
Constitution to protect the People's Power By Consent for government,
they forfeited their golden opportunity to realize the Great American
Experiment!
John Locke, in his 1600s archaic English,
describes it thusly:
Sec.175. THOUGH
governments can originally have no other rise than that before mentioned, nor
polities be founded on anything but the consent of the people, yet such have
been the disorders ambition has filled the world with, that in the noise of war,
which makes so great a part of the history of mankind, this consent is little
taken notice of; and, therefore, many have mistaken the force of arms for the
consent of the people, and reckon conquest as one of the originals of
government. But conquest is as far from setting up any government as demolishing
a house is from building a new one in the place. Indeed, it often makes way for
a new frame of a commonwealth by destroying the former; but, without the consent
of the people, can never erect a new one.
Chapter
XVI - Of Conquest by John Locke https://www.constitution.org/jl/2ndtr16.htm
In place of Eternal Vigilance, the People are now
paying a much higher price for life in America, no longer free, as a
result of the takeover of Power By Conquest in the absence of a means of
enforcing their Power By Consent. We are now run by "might makes right":
Sec. 176. That the
aggressor, who puts himself into the state of war with another, and unjustly
invades another man's right, can, by such an unjust war, never come to have a
right over the conquered, will be easily agreed by all men, who will not think,
that robbers and pirates have a right of
empire over whomsoever they have force enough to master; or that men are bound
by promises, which unlawful force extorts from them. Should a robber break into
my house, and with a dagger at my throat make me seal deeds to convey my estate
to him, would this give him any title? Just such a title, by his sword, has an
unjust conqueror, who forces me into submission. The injury and the crime is
equal, whether committed by the wearer of a crown, or some petty villain. The
title of the offender, and the number of his followers, make no difference in
the offence, unless it be to aggravate it. The only difference is, great robbers
punish little ones, to keep them in their obedience; but the great ones are
rewarded with laurels and triumphs, because they are too big for the weak hands
of justice in this world, and have the power in their own possession, which
should punish offenders .
... Of Conquest,
supra
The People of the colonial era were very restless and rebellious.
To keep them from further rebelling, there not only had to be written an
official document declaring their extant sovereign and independent status as
individuals according to the laws of nature and of nature's God, together
with their inherent right to separate from British tyranny, specifically
listing the causes for that separation, they also insisted on having established
on their behalf a means by which those self-evident
truths
could be realized, particularly setting forth the specific principles comprising
their consent by which to institute a serving government to assure that their
rights as sovereign and independent individuals would be protected from a
similar type of tyranny from which they had recently separated.
Thus, after years of
wrangling by the framers, to initially fulfill this demand of the People, the
Constitution for the United States of America was deemed sufficiently ratified
in convention for establishment on "the seventeenth day of September in the
year of our Lord one thousand seven hundred and eighty-seven and of the
Independence of the United States of America the twelfth." The Constitution as
ratified in 1787 was not sufficient to totally satisfy the demands of the People
to secure their inherent rights, and so a collection of mutually reinforcing
guarantees of individual rights and also of limitations on federal and state
governments, commonly referred to as "The Bill of Rights,"
was adopted
together as the first ten Amendments to the Constitution on December
15, 1791, theoretically completing the Great American
Experiment. However, the GAE had not yet become successful. It lacked
enforcement.
In the phrase "We, the people..." our Constitution
expressed the revolutionary idea that "the people" could set up "governments of
their own, under their own authority."
The American
Experiment by John
Gardner
This "revolutionary idea" was a
fulfillment of the Declaration of Independence which sets forth "That to secure
these rights, governments are instituted among men, deriving their just powers
from the consent of the governed...." Indeed, the People in that day were
revolutionary; and they insisted on having the self-evident truths under the
laws of nature and of nature's God, as they applied to them, memorialized in
writing and forever recorded in the annals of history of this country, publicly
announcing this revolutionary
truth.
This revolutionary truth was aptly
described by President James
Monroe in his Second Inaugural Address on
March 5, 1821:
In this
great nation there is but one order, that of the people, whose power, by a
peculiarly happy improvement of the representative principle, is transferred
from them, without impairing in the slightest degree their sovereignty, to
bodies of their own creation, and to persons elected by themselves, in the full
extent necessary for all the purposes of free, enlightened and efficient
government. The whole system is elective, the complete sovereignty being in the
people, and every officer in every department deriving his authority from and
being responsible to them for his conduct.
President
Monroe's description is illustrative of inherent, everlasting, and
self-evident truth, acknowledged in the Declaration of Independence.
Yet, this eternal truth is not being realized by the American
People.
Contemplating life of the American People
since the Founding casts an eerie pall over the reality of the situation,
showing it to actually be the antithesis of the revolutionary
truth describing the principles of this great nation, to the point that we
aren't able to relate to it whatsoever --for instance "the complete sovereignty
being in the people, and every officer in every department deriving his
authority from and being responsible to them for his conduct." It sounds quite
foreign to our lives today, and in fact it is!
It is
reported in Will the
Great American Experiment Succeed? at
-
It acknowledged that individual rights are derived from
a Creator.
-
It was based on enduring principles compatible with
"the laws of nature and of nature's God."
-
It recognized human imperfection and that a tendency to
abuse power is ever present in the human heart.
-
It restrained those in power through a written
Constitution which carefully divided, balanced, and separated the powers
of government and then intricately knitted them back together again through a
system of checks and balances.
-
It left all powers with the people, except those which,
by their consent, the people delegated to government and then made
provision for their withdrawing that power, if it was abused.
Despite those acknowledgements, for whatever
reason the framers failed to include in the Constitution a
provision for the People to enforce those principles; and for whatever
reason the People did not insist that such enforcement provision be
made, after insisting that they have the assurance that their rights would be
protected by a government they would institute! In Federalist No.15, Alexander Hamilton recognized that laws, to be
meaningful, must be enforceable-- yet he did not apply that principle to the
supreme law of the land.
Government,
according to Hamilton [Federalist 15], involves the power not only of
making laws, but of enforcing them. For if they are without sanctions,
“resolutions or commands which pretend to be laws will, in fact, amount to
nothing more than advice or recommendation.” Sovereignty and Democracy by Marc F. Plattner
[The] second American Revolution
can be accomplished only by
the passage of J.A.I.L. which will invigorate the dormant Constitution we have been given
with the vital enforcement
provision for the People which will at last create the American government
we've never had before! By the People holding judges accountable to the terms
of the Constitution, as written, our government will finally be born after 230
years of unconstitutional plutocratic merchant and financial control-- 230
years of buildup of unauthorized international corporate behemoths that
have overtaken our beloved country will be made low. The agencies of the
despotic corporatist Foreign Power will be dissolved, once the People are
able to exercise their sovereign power over their newly created government,
even 230 years after the Founding of America! Better late, than
never.
"The American Experiment
is still in the laboratory" waiting for the People to bring it to life. We have
the written skeleton to work with. All it needs is a blood
transfusion, called "J.A.I.L." https://www.jail4judges.org/state_chapters/dc/DC_initiative.html which is already prepared and ready to do its wonders,
as soon as the People wake up and demand an enforcement mechanism to make
it work:
When the American spirit
awakens it transforms worlds. But it does not awaken without a
challenge. ... We can best gird ourselves for the
path ahead by re-igniting some of the seminal, explosive ideas of the past: the
ideas I've already listed and others--not least the old, great, American idea of
getting people off other people's backs--an idea we are still working on after
all these years. The American Experiment is still in the laboratory. And there
could be no nobler task for our generation than to move that great effort
along.
The American Experiment by John Gardner
(supra)
J.A.I.L. is the ONLY way the American People
will realize the fulfillment of the Great American Experiment. It is
after the same principle as set forth in Jeremiah 29:13: And ye shall seek
me, and find me, when ye shall search for me with all your
heart.