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correct.txt

Found at: 0x1bi.net:70/textfiles/file?law/correct.txt




                               CORRECT ABUSE                                

               Now let's  look into  the process  of how we can protect
          ourselves from this brand  of justice.   All  federal judges,
          that is,  ones who are selected by the president and approved
          by the senate hold their offices during "good behavior." 
               This is  what  is  known  in  government  circles  as an
          'Article III'  judge.   These are the judges who are supposed
          to be  completely free  from any  influence of  the other two
          branches of government.  
               Other  judges  who  are  not  Article III judges include
          bankruptcy  judges,  immigration  judges,   magistrates,  tax
          court  judges  which  come  under  Article  I (congressional)
          control.  Any judge who is  appointed for  a specified period
          is not an Article III judge.
               However, when  Article III  judges are  being coached by
          the executive branch (IRS) and have become a rubber stamp for
          approving unconstitutional  governmental actions, they are no
          longer free from influence. 
               Let's get into the definition  of  good  behavior.   The
          dictionary defines it as: "To conduct ones self well or to do
          the right thing."  Pretty  simple  .  .  .  Any  school child
          should have been able to define that one.  The law dictionary
          says much the same: "orderly and  lawful conduct."   However,
          when we speak of federal judges and good behavior, we have to
          get into lawful conduct.
               Their oath specified that  they will  administer justice
          to the  poor and  to the  rich and will faithfully and impar-
          tially discharge and  perform  all  duties  agreeably  to the
          Constitution and laws of the United States.
               The key  to impeachment  are the  words agreeably to the
          Constitution and laws of  the US.   A  law of  the US  is one
          which fulfills constitutional requirements.   Any  law out of 
          sync with the Constitution is not a law of the US.  
               Any law which is a violation of the Constitution, and is  
          upheld, is a violation of the judges oath and therefore can't  
          be  considered  good  behavior.   Congress gave  judges 'dis-
          cretion'  but  this will not cover up a constitutional viola-
          tion.  Nor will it cover up a violation of a valid US law. 
               If a law is agreeable with the Constitution  and a judge
          violates such  a law,  it's not  good behavior.  If a federal
          judge upholds a law  which is  not valid  under the Constitu-
          tion, it  does not  fit into  the definition of good conduct.
          Not even the Congress can give a judge the latitude  to break
          their oath  or the Constitution nor a valid law.  This  is in  
          the  area of  malconduct  which  Hamilton  in the  Federalist 
          Papers called the basis for impeachment.
               The law dictionary defines  malconduct as  "Ill conduct,
          especially   dishonest   conduct,   or,  as  applied  against
          officers, official  misconduct."    For  malconduct, Hamilton
          said that they are  likely to be impeached  by the  House  of
          
          Representatives and  tried by  the Senate;  and, if convicted
          may be  dismissed from  office and  disqualified from holding
          any other.
               Federal judges  will be quick to point out that they are
          following the rules of civil or criminal procedure.  However,
          if  their  action  violates  the Constitution or a valid law,
          court rules must fall.
               These  court  rules  are  usually  proposed,  written or
          rewritten at  judicial conferences or with special committees
          established for  that purpose.   These  rules then  go to the
          Supreme  Court   for  revision  or  agreement  and  then  are
          submitted to Congress for their approval. 
               All authority for operation of the  judicial system must
          come  from  Congress.  It's  clear  how  many  lawyers are in
          Congress    "taking  care  of  their  brothers  in  the legal
          profession."   Any law, any rule, any regulation must conform
          to the  power which we have delegated to the national govern-
          ment.  There are no exceptions to this!
               Now, let's look at what is probably the proper procedure
          to follow . . . We have to go to the House of Representatives
          with our complaint against a federal judge. 
               Start  with   your  own  representative  and  file  your
          complaint as a  Petition  For  Redress  of  Grievances.   The
          subtitle  should  be  "Request  for  Impeachment of a Federal
          Judge."  Cite the violations of  the Constitution  or laws of
          the  United  States  with  which  you are accusing the judge.
          There is a copy on file at the  end of  this book.   Print it
          out on any printer and you have your petition. 
               Send a  copy to  the House  Judiciary Committee.  Simply
          address  it:    House   Judiciary  Committee,   US  Congress,
          Washington, D.C.  20515.   They are required by the Constitu-
          tion (Art I, Sec 2, cl  5) to  investigate the  complaint and
          you must  insist that the requirements of the Constitution be
          followed. 
               Cite that  particular  Article,  section  and  clause as
          authority for impeachment.  Send all your papers by certified
          mail so no one will be able to  say they  have never received
          your complaint.   If  you hear  nothing in a reasonable time,
          follow it up  with more letters.
               Call your representative when they are  in town  and ask
          about  your  petition.      Don't  be surprised if you do not
          receive an answer, they will be resistant to changes in their
          power structure.   There is no question that you will have to
          be forceful but be firm. 
               I don't believe anyone  has to  be disrespectful.  I was
          once told  that you  can catch more flies with honey than you
          catch with salt.  And, I have found it to  be true.   How you
          handle that  aspect of  your complaint is entirely up to you.
          If it  wasn't  true  that  they  are  working  for  you, they
          wouldn't be  coming home  every so  often and  begging you to
          vote for them and send them back to the funny farm!
               Send a copy to your Senators also.   Since  they will be
          required to  try the  case of  impeachment, (Art I, Sec 3, cl
          5) it will help your cause if they are made aware in advance.
          
          You also may pick up some valuable help along the way. 
               Be firm in your  conviction and  honest in  your charges
          against the  judge.   If the judge has broken a law, spell it
          out.  If there  is a  constitutional violation  which you can
          cite, give  it to them.  Above all, put your entire complaint
          down in your own words,  don't  make  it  sound  like  it was
          something in a form letter you are following.
               The more simple it is written, the easier it will be for
          Congress to understand it.   When  these  people  are flooded
          with complaints, something will be done.  You might also send
          a copy to  your  local  newspapers  and  generate  some local
          pressure on  the people  in Congress  who are  supposed to be
          upholding  the Constitution. 
               You will never know if  someone  else  reads  about your
          petition in  the newspaper  that they may  also have a strong
          complaint against the same  judge in  another area  of viola-
          tions and it could only strengthen your complaint.
               There is much work to be done but it a necessary task if
          we are to restore our original form of  government.  Wouldn't
          it be  reassuring if  we knew the judicial branch was in fact
          independent of the other two branches  of government  and had
          not  been  coached  to  their  actions  by  the  executive or
          legislative branches of government?
               I feel it would be appropriate here to  bring up another
          point  about  federal  judges  that  I wish the readers would
          consider.  That is  this  business  of  judges  holding their
          appointments for  life.   Because of  the course of events in
          recent years, it might be a good idea now to get the Congress
          to approve another amendment to the Constitution. 
               That federal judges be appointed for a specified period,
          let's say six years.  They  then  would  have  to  go through
          reappointment  by  the  president  and  reconfirmation by the
          Senate with the provision  for  input  from  the  people when
          confirmation hearings are to be held. 
               It would  give us  some say-so  on appointment of people
          who are supposed to be the  protectors of  American citizens.
          If  the  Congress  would  approve such an amendment, it would
          then have to be sent to the states for ratification  and that
          is where we come in.
               The Framers  of the  Constitution felt that the appoint-
          ment of judges  for  life  (or  during  good  behavior) would
          insure that they would remain independent.  We can safely say  
          that  this  has  not  been  true.    Of course,  the Founders   
          admitted  they were  not infallible  so they  established the 
          amendment process.
               Today, when  we can point out a failure in their wisdom,
          it is up to us to  change  that  error  and  amend  the basic
          document.   All the  delegated powers  came from  us and they
          still come from  us!    Let's  insist  that  these  powers be
          followed to the letter. 
               Our rights  in the  Constitution cannot be stepped on by
          the judicial branch of the government  anymore than  they can
          be ignored  by the  others.   These rights are not subject to
          the will of the judges and lawyers, they are absolute! 


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