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Under
the new Constitution, a SUPREME JUDICIAL MINISTER
(comparable in status to the President) will be elected by
voter-citizens to provide effective management,
administration, coordination, and accountability for court
systems and judicial processes--not now
existent.
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LAW
Enforcement, SECURITY, and JUSTICE
Under the
proposed U.S. Constitution for 21st Century
and Beyond, a new National Judicial System for Law
and Justice will provide for more fair, effective,
stronger LAW, SECURITY, and JUSTICE. Major features
for improvement and effectiveness of the new system
include:
- Institution
of a new, independent National Judicial System for Law
and Justice capable of enforcing law and
administering justice for the nation--including the
general public, as well as Executive and Legislative
Branches of Government. Among other values, this
will eliminate the necessity for appointment of
over-costly, questionably-effective, or failed
"Independent Counsels" to handle legal matters which are
the responsibility of the Department of
Justice.
- A new
SUPREME JUDICIAL MINISTER (comparable in status to the
President) will be elected by voter-citizens to provide
effective management, administration, coordination,
evaluation, and accountability of court systems and
judicial processes--not now existent.
- All
Federal JUSTICES, JUDGES, and other JUDICIAL OFFICERS'
appointments will be based on legal and judicial
qualifications by the Supreme Judicial Minister--not
on political considerations, such as appointment
of justices to the Supreme Court and other courts by the
President.
- The
U.S. ATTORNEY GENERAL--chief law enforcement officer of
the nation--will be appointed as a permanent, career
officer based on law enforcement, legal, and judicial
qualifications--supplanting a succession of short-term
political appointments made by changing
administrations. With priorities established by the
White House, the U.S. Department of Justice often is used
to keep high level officials of both Republican and
Democratic Administrations out of jail--rather than
focusing upon enforcing laws against crime in the
nation.
- The
DEPARTMENT of JUSTICE, including the Federal Bureau of
Investigation, will be transferred from the
politically dominated Executive Branch to a new,
independent, legal-judicial National Judicial System for
Law and Justice--to prohibit political
mismanagement of investigative and judicial
processes.
- The
Federal PRISON SYSTEM will be converted to an
inmate-work-for-a-living, product producing,
self-supporting system to supplant the existing,
non-effective, over-costly system that fails to
deter--and often fosters--crime. The existing
system often allows criminals to live for years in
comfortable correctional institutions with food and
nutrition, television, libraries, gymnasiums,
educational, and other opportunities--far more luxurious
than opportunities afforded lower-income levels in
society. The cost to taxpayers ranges up to $25,000
a year for "don't want to work--let's commit
crime" violators of laws. Often, prison life
offers a higher standard of living for criminals than the
non-prison world.
- A new
NATIONAL COUNCIL for CONSTITUTIONALITY of LAWS will
provide for ENFORCEMENT of PRINCIPLES of the new U.S.
Constitution for 21st Century and
Beyond. This will safeguard citizens against
perpetuation of unconstitutional laws and acts by the
President and Congress, such as current, criminalistic
monetary policy and corrupt tax laws.
- Other
valid and necessary improvements and advances in the
judicial system
The
National Judicial System for Law and Justice will transform
a national environment of fear, insecurity, and crime into a
climate of law, fairness, security, and
justice.
Background
In
the 1800's, the famed criminal lawyer, Clarence Darrow,
stated: "There is no justice in or out of the court
system."
Still
true in the late 1900's, justice remains unequal--or
non-existent--for a high proportion of
citizens.
Under the
old Constitution, the existing Judicial Branch of Government
has become an unmanaged, uncoordinated, unaccountable system
of non-justice.
Article
III, Section 1, reads:
"The Judicial power of the United States, shall be vested
in one supreme court, and in such inferior courts as the
Congress may from time to time ordain and
establish."
Designating
Congress as the provider and overseer of judicial processes,
however, has proven a detrimental, dangerous, and disastrous
failure. Decades of flawed legal and judicial
processes, inequities in administration of law, and failure
to administer "equal justice for all citizens" have
demonstrated that the Congress does not--and cannot--provide
adequate support for, or effectively oversee, a fair,
equitable system of justice.
Inequities,
deficiencies, and inadequacies of judicial processes
include:
- Lack
of management, coordination, evaluation, or
accountability of the judicial
system
- Appointment
of Supreme Court Justices, as well as other judges, and
other officers of the Federal Judiciary by the President,
with consent of the Senate, on political--rather
than
legal-judicial--qualifications
- Criminals
escaping penalties for crimes through inadequate,
under-staffed, or insufficiently-equipped police, courts,
prisons, and other systems
- Violation
of "speedy trial" standards resulting in wasted years, or
decades, for administration of justice
- A
flawed "Trial by Jury" system that results in decisions
based on ignorance, evidence manipulation, lawyer
trickery, and court failure
- Inequitable
and non-valid penalties imposed for differing violations
of law: white collar, street, domestic battering,
child abuse, and other crimes
- Perpetuation
of unconstitutional laws such as the anti-citizen,
anti-economic, and anti-nation tax laws and monetary
policy that foment crime
In 1886,
Frederick Douglas, lecturer, writer, and abolitionist,
warned the nation of impending crises caused by unjust
subjugation of common citizens:
"
Where justice is denied, where poverty is
enforced
where any class is made to feel that society
is in an organized conspiracy to oppress, rob, or degrade
them, neither person nor property shall be
safe
."
Perpetuation
of a criminalistic, unconstitutional monetary policy and
unfair, corrupt tax laws that "
.oppress, rob, and
degrade
." middle-and-lower-income citizens are
major causes of rampant robbery, theft, drug trafficking,
killings, and other crimes across the nation.
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