So I decided to check out Trump’s speech at the CPAC event and was a bit saddened at what I heard.
Trump is clearly a better leader – far better – than the excuse for a president we have now and far better than Obama or Clinton… yet… yet he is philosophically no different than any of his opponents.
I would have to say he is more honest and his intentions seem to be for our good, but what he did in his last presidency and what he will leave us with after his next, if he so succeeds, will be a more centralized socialist government than when he started.
The reason is simple. He is trying to change the direction of the ship of state with the same tools the previous administrations have used.
Our problem is not the direction of public policy, it is that public policy and “law” are the tools of socialist pipe dreams used to promise utopia while delivering slavery and dependence.
Liberty requires Justice.
Let me say that again.
Liberty requires Justice.
What is Justice?
Is it “law enforcement” as Trump seems to imply? No.
Is it honesty and transparency in government? No.
Is it better economic conditions for all Americans? No.
Justice is a method of resolving conflicts that:
- Is as incorruptible as possible.
- Is fair to all parties concerned.
- Holds all parties involved (including the lawyers, the judge and the jury) accountable for their actions.
- Is affordable even to the poor.
- Is speedy in its resolution and in execution of punishment or restitution.
We don’t have this and the only way I can see us getting it is via a responsible electorate that takes Jury duty seriously.
In 1794, in the case of Georgia v. Brailsford, Chief Justice John Jay—the first Chief Justice of the United States—instructed the jury as such:
It may not be amiss, here, Gentlemen, to remind you of the good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide. But it must be observed that by the same law, which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy.
Now-a-days the Jury oath has been altered to remove this concept entirely and in almost all cases, the Judge will clearly tell a Jury that is does not have the right to judge the law itself but only the facts of the case.
This is the destruction of true Justice and thus of true liberty because a Judge is a professional, long-term officer that has natural conflicts of interest given today’s BAR association and legal ethics.
Juries need to ask themselves questions like:
- Was someone harmed by the alleged crime?
- Is the law constitutional?
- Is the application of the law to this case appropriate and fair?
- Is the possible punishment for the crime appropriate?
Trump promises to:
- beef up the border,
- to support pro-American trade,
- to put people back to work,
- to support US based products and energy,
- to back off on taxes
- to make government more transparent
- to create tough regulations to ensure the safety of the planet and of the worker.
None of these restore to us a true and fair and affordable system of justice, although they all sound wonderful to today’s oppressed citizens.
Law enforcement can arrest people day and night but if the courts do not properly administer justice, all is for naught.
I have discussed elsewhere how exactly this can be accomplished by Juries alone. Juries that can be judged by other juries (instead of the skewed and costly appeal process we have now). Juries can work virtually if possible to save cost and time. Juries can completely ignore bogus laws passed by compromised and bogus legislatures that don’t understand the limits of their constitution.
Imagine the amazing judgments we could get from a Jury not hampered by legal precedence and technicalities:
- We find MEGA COMPANY to be guilty of conspiring to break it’s competition and create an unlawful monopoly. This is repugnant to liberty.
- We find MEGA DRUGS to be guilty of experimenting on its customers and we find liability immunity to be repugnant to the basic duties of men and women in a civilized society.
- We find licensing of the practice of medicine following the hypocratic oath to be repugnant to liberty and fair competition in healthcare and will not hold Dr. X guilty of doing an act that harms no one.
- We find MEDIA COMPANY X to be guilty of lying to the public and thus causing harm to others.
- We find CONTRACT X to be void and of no force or effect because the parties did not provide full disclosure when making the contract.
And if a Jury screws up, another one can review their decision and apply appropriate corrections and no decision of the Jury reaches any further than the case itself. No precedence setting, no technicalities that thwart common sense with mercy and grace.
What Trump needs to do to fix this nation is completely repeal the new deal of FDR and to get back to lawful money and constitutional limits as expressed clearly in both the Declaration of Independence, and the Constitution itself. A repeal of many of the amendments that have eroded states rights and turned our republic into a democracy – a form of government our founders said was “repugnant to liberty” – would be in order as well.
Nothing less will solve our problem but only, at best, give us temporary relief from the tightness of the bonds that enslave us today.
This is not to say that Trump is no better than a Democrat opponent but it does mean that the people must hold Trump and any other officer elected by the people to the limits and spirit of the founders of this nation who well understood human nature and the beast that must be caged to make room for liberty and happiness.