TJ Project
(Common Law Copyright 2005 � Naomi Ruth Wallace)
5 pages
"Enlighten the people generally, and tyranny and oppressions of body and mind will vanish like evil spirits at the dawn of day."--Thomas Jefferson to Pierre Samuel Dupont de Nemours, 1816. ME 14:491
1. Our Judicial system has violated the autonomy of the exclusive branch by allowing a judge to over turn presidential decisions from the bench (without correction).
"The federal judges... cannot issue a mandamus to the President or legislature, or to any of their officers, the Constitution controlling the common law in this particular."--Thomas Jefferson to Spencer Roane, 1819. ME 15:214
2. Our Judicial system has expanded their control of law to include control over military judicial decisions, witch are of the exclusive branch.
"Nothing in the Constitution has given [the judges] a right to decide for the Executive, more than to the Executive to decide for them. Both magistrates are equally independent in the sphere of action assigned to them."--Thomas Jefferson to Abigail Adams, 1804. ME ll:50
3. Our Judicial system has violated the powers of the legislative branch by allowing the cross of legislation from the bench (without correction).
"The Constitution... meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch."--Thomas Jefferson to Abigail Adams, 1804. ME 11:51
4. Our Judicial system has violated our democratic system by allowing a judge to cross law created by the people threw their right to vote (without correction).
"It [is] inconsistent with the principles of civil liberty, and contrary to the natural rights of the other members of the society, that any body of men therein should have authority to enlarge their own powers, prerogatives or emoluments without restraint."--Thomas Jefferson: Virginia Allowance Bill, 1778. Papers 2:231
"A spirit of disobedience... must be subdued. Laws made by common consent must not be trampled on by individuals. It is very much the good to force the unworthy into their due share of contributions to the public support, otherwise the burden on them will become oppressive, indeed."--Thomas Jefferson to Garret Vanmeter, 1781. ME 4:417, Papers 5:566
5. Our Judicial system has violated the rights of a state by claiming a court order as law that was unlawful within itself because it violated the constitution of the state in witch it was determined.
"Certainly, no power to prescribe any religious exercise or to assume authority in religious discipline has been delegated to the General Government. It must then rest with the States, as far as it can be in any human authority."--Thomas Jefferson to Samuel Miller, 1808. ME 11:428
"It is not right for those who are only to act in a preliminary form, to let their own doubts preclude the judgment of the court of ultimate decision."--Thomas Jefferson to James Monroe, 1797. ME 9:423
6. Our Judicial system has become compliant to the idea that they are to interpret the law by their own opinion. They claim court orders as law instead of individual decision based on individual cases in compliance with the intent of law.
"The cautious maxims of the bench, to seek the will of the legislator and his words only, are proper and safer for judicial government. They act ever on an individual case only, the evil of which is partial, and gives time for correction. But an instant of delay in executive proceedings may be fatal to the whole nation. They must not, therefore, be laced up in the rules of the judiciary department. They must seek the intention of the legislator in all the circumstances which may indicate it in the history of the day, in the public discussions, in the general opinion and understanding, in reason and in practice."--Thomas Jefferson to James Barbour, 1812. ME 13:128
7. Our Judicial system claims our constitution as a blank paper written by construction.
"Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction."--Thomas Jefferson to Wilson Nicholas, 1803. ME 10:419
"We fear that [violations of the Constitution] may produce insurrection. Nothing could be so fatal. Anything like force [used against the violators] would check the progress of the public opinion and rally them round the government. This is not the kind of opposition the American people will permit. But keep away all show of force and they will bear down the evil propensities of the government by the constitutional means of election and petition."--Thomas Jefferson to Edmund Pendleton, 1799. ME 10:105
8. Our Judicial system claims to be the sole interpreter of the law.
"To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves."--Thomas Jefferson to William C. Jarvis, 1820. ME 15:277
"The judges certainly have more frequent occasion to act on constitutional questions, because the laws of meum and tuum and of criminal action, forming the great mass of the system of law, constitute their particular department. When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. The exemption of the judges from that is quite dangerous enough... The people themselves,... [with] their discretion [informed] by education, [are] the true corrective of abuses of constitutional power."--Thomas Jefferson to William C. Jarvis, 1820. ME 15:278
OUR LEGISLATIVE BRANCH FAILED TO PROTECT US FROM THIS CORRUPTION
"It is the duty of the General Government to guard its subordinate members from the encroachments of each other, even when they are made through error or inadvertence, and to cover its citizens from the exercise of powers not authorized by law."--Thomas Jefferson: Official Opinion, 1790. ME 3:88
Today many tell us our rights, many tell us that we have no control to correct the problems we face today. Many of these same people say our Judicial system is the best in the world and we should not concern our selves with these errors. These people are wrong and many of these people don't wish for the errors to be corrected. These are the people that use these errors of law to change our society, to oppress the rights of those whose way of life is different from their own. These people force opinion into the intent of law for their own purpose.
"An elective despotism was not the government we fought for, but one which should not only be founded on true free principles, but in which the powers of government should be so divided and balanced among general bodies of magistracy, as that no one could transcend their legal limits without being effectually checked and restrained by the others."--Thomas Jefferson: Notes on Virginia Q.XIII, 1782. ME 2:163
No opinion or idealism is to be used to determine the intent of our laws in the Court system.
"Libels, falsehood and defamation, equally with heresy and false religion, are withheld from the cognizance of Federal tribunals."--Thomas Jefferson: Draft Kentucky Resolutions, 1798. ME 17:382
"The original error [was in] establishing a judiciary independent of the nation, and which, from the citadel of the law, can turn its guns on those they were meant to defend, and control and fashion their proceedings to its own will."--Thomas Jefferson to John Wayles Eppes, 1807. FE 9:68
"At the establishment of our Constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions nevertheless become law by precedent, sapping by little and little the foundations of the Constitution and working its change by construction before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life if secured against all liability to account."--Thomas Jefferson to A. Coray, 1823. ME 15:486
The Autonomy of our Courts protect judges in individual cases when the intent of the legislator becomes oppressed to the laws themselves ONLY. If in an individual case the laws combined create two meanings, the meaning in witch that does not cross the intent of the laws is to be used, not the opinion of an individual judge.
"Whenever the words of a law will bear two meanings, one of which will give effect to the law, and the other will defeat it, the former must be supposed to have been intended by the Legislature, because they could not intend that meaning, which would defeat their intention, in passing that law; and in a statute, as in a will, the intention of the party is to be sought after."--Thomas Jefferson to Albert Gallatin, 1808. ME 12:11
"If, indeed, a judge goes against the law so grossly, so palpably, as no imputable degree of folly can account for, and nothing but corruption, malice or wilful wrong can explain, and especially if circumstances prove such motives, he may be punished for the corruption, the malice, the wilful wrong; but not for the error: nor is he liable to action by the party grieved. And our form of government constituting its respective functionaries judges of the law which is to guide their decisions, places all within the same reason, under the safeguard of the same rule."--Thomas Jefferson: Batture at New Orleans, 1812. ME 18:130
It is up to the judge in the individual case to make the proper choice. Also the court orders in these cases are not to be used as laws or the correction of or definition of the laws. Each individual case is different therefore each case must be ruled on separately, based on the intent of law and not the opinion of another court.
"[The] law of necessity and self-preservation... [render] the salus populi supreme over the written law. The officer who is called to act on this superior ground, does indeed risk himself on the justice of the controlling powers of the Constitution, and his station makes it his duty to incur that risk. But those controlling powers, and his fellow citizens generally, are bound to judge according to the circumstances under which he acted. They are not to transfer the information of this place or moment to the time and place of his action; but to put themselves into his situation."--Thomas Jefferson to John Colvin, 1810. ME 12:421
"In executive cases, where promptitude and decision are all-important, an adherence to the letter of a law against its probable intentions (for every law must intend that itself shall be executed), would be fraught with incalculable danger. Judges may await further legislative explanations, but a delay of executive action might produce irretrievable ruin."--Thomas Jefferson to James Barbour, 1812. ME 13:128
"The principles of Jefferson are the axioms of a free society." --Abraham Lincoln
"I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man." --Thomas Jefferson*
Thomas Jefferson attended the College of William and Mary (1760-62) and then studied law with George WYTHE. In 1769 he began six years of service as a representative in the Virginia House of Burgesses. A new member and one of the youngest in the House, he rose from his seat with the composure of a bill "for the permission of the Emancipation of Slaves," that gave an unequivocal earnest of his future career. He was a slave holder from an immense inheritance. However he knew the importance of all men to be equal and he was morally against slavery in a time in history that all seemed against their Emancipation.
Jefferson's reputation began to reach beyond Virginia in 1774, when he wrote a political pamphlet, A Summary View of the Rights of British America. Arguing on the basis of natural rights theory, Jefferson claimed that colonial allegiance to the king was voluntary.
"The God who gave us life," he wrote, "gave us liberty at the same time: the hand of force may destroy, but cannot disjoin them."
Thomas Jefferson had served as governor of Virginia, as U.S. minister to France, as secretary of state under George Washington, as vice-president in the administration of John Adams, and as the third President of the United States from 1801 to 1809. Jefferson also was the author of the Declaration of American Independence, of the Statute of Virginia for religious freedom, and Father of the University of Virginia.
During the writing of the constitution two or three parts of Mr. Jefferson's plan, and the whole of his preamble were adopted; and to this circumstance must be ascribed the strong similitude between the Preamble and the Declaration of Independence subsequently issued by the Continental Congress, both having been traced by the same pen. In the archives an original rough draught of a Constitution for Virginia in the hand-writing of Mr. Jefferson containing this identical preamble. The body of the constitution had been adopted by the committee of the whole before the arrival of Mr. Jefferson's plan. His preamble, however, was prefixed to the instrument, and some of the modifications proposed by him introduced into the body of it. The constitution was adopted unanimously on the 29th of June, 1776. Jefferson also participated in the drafting of the first 10 amendments to the Constitution. These amendments were ratified December 15, 1791, and form what is known as the Bill of Rights.
Thomas Jefferson was this nation's greatest champion of representative democracy and the rights of man. He was our most eloquent spokesman on the founding principles of American self-government. As he himself said,
"I know my own principles to be pure and therefore am not ashamed of them. On the contrary, I wish them known and therefore willingly express them to everyone. They are the same I have acted on from the year 1775 to this day, and are the same, I am sure, with those of the great body of the American people." (letter to Samuel Smith, 1798
"No government can continue good, but under the control of the people."--Thomas Jefferson to John Adams, 1819. ME 15:234
We the people of the United States must come together under one voice, one gold. We must protect the freedom of all from the oppression of idealism. We must protect the foundation of this Nation from becoming manipulated to suit the ideas of some. We must correct the corruption of despotism that has caused unlawful laws and opinion to lead the judicial system into a tyrannic take over.
"The cement of this Union is in the heart-blood of every American. I do not believe there is on earth a government established on so immovable a basis."--Thomas Jefferson to Lafayette, 1815. ME 14:252
We the people of the Unites States ask that our Legislative and Exclusive branches act immediately to correct the corruption in our judicial system. We request that a bill be past into law that would require the intent of our forefathers to be protected from manipulation.
We request that the interpretations pasted down to us from Thomas Jefferson be hereby considered the intent in witch the establishment of our democracy and our rights pasted to us by our fore fathers.
We request that it be established that judges who have violated the intent of our democracy and laws be brought before congress for termination of their seats and these corruption be corrected. We request that judges who act in like manner in the future be brought before congress 60 days after their violations for a congressional hearing if the Judicial system itself has failed to acted to correct the corruption.
We request that if this bill cannot be passed by the legislation branch prior to the 2006 election of the congressional seats opening that this bill be placed on the electoral ballad in all state for the people to vote for under our rights of self government threw the electoral process.
"Leave no authority existing not responsible to the people."
--Thomas Jefferson to Isaac H. Tiffany, 1816. ME 15:66
NRW�2005
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