> ------Original Message------
>  Jon Roland  <[EMAIL PROTECTED]>
> Sent: May 25, 2000
> Subject: Educating suspicious patriots
>
>
> Educating suspicious patriots
> Jon Roland, Constitution Society
>
> One of the most rapidly growing developments in U.S.
> civic life today is
> the emergence and prevalence of unfounded theories
> about legal
> institutions, processes, principles, and personnel.
> It arises from the
> collapse of confidence in the integrity of
> government generally, and of
> the judicial system and legal profession in
> particular. In every other
> society in which such a loss of confidence has
> occurred, the result has
> been violence and oppression, and unless we deal
> with this problem, we
> can expect deadly civil conflict to occur here as
> well.
>
> It is very easy for people involved with the legal
> profession to dismiss
> these theories and the concerns that give rise to
> them, but that would
> be a despicable dereliction of duty. These people
> may be mistaken or
> misled in their understandings, but their concerns
> about the loss of
> integrity in the judicial and legal systems is
> justified.
>
> What is needed is for responsible and knowledgeable
> professionals to
> take the lead in explaining what has gone wrong and
> how the people can
> work effectively to fix it. It is not enough to just
> tell them to go to
> law school, or get involved in the political process
> and elect better
> people to public office. For most of them it is too
> late for that. Many
> of them are already being persecuted unjustly by
> corrupt and incompetent
> prosecutors, using corrupt and incompetent witnesses
> and fabricated
> evidence, before corrupt and incompetent judges,
> using manipulated and
> incompetent juries, defended by corrupt and
> incompetent public
> defenders, and denied the right to make an adequate
> defense or argue the
> charges in the presence of the jury, charges which
> are not authorized by
> statutes, which in turn are not authorized by the
> constitutions of the
> state or nation.
>
> They also know enough to have lost confidence in the
> electoral process,
> having learned that any election that uses punch
> card ballots can easily
> be rigged and probably is, and that the only media
> that might enable
> them to reach the public to educate them about this
> corruption and abuse
> of power are themselves compromised by the corrupt
> abusers.
>
> Against all this, therefore, these people are doing
> the last thing they
> can before taking up arms: seeking alternative legal
> theories and
> methods by which they might, at least for a while,
> beat the corrupt and
> abusive system at its own game. Their hope is that,
> even if the system
> is no longer constitutional, at least it might be
> proceeding on the
> basis of a consistent theory of its own, a kind of
> substitute
> jurisprudence which, if its principles can be
> discerned and used, might
> enable some people to at least win a few rounds, and
> postpone the day
> when the issue will be decided on a field of battle.
>
> Their hope is based on the way in which the present
> judicial and legal
> system does seem to operate in a roughly consistent
> way in most of the
> work it does, so that the rule of law may not have
> been completely
> abandoned, at least in nonpolitical cases, and there
> may still be a few
> lawyers and judges who will defy their patrons to
> try to do what is
> right. Those of us who are knowledgeable need to
> patiently explain what
> is really going on, with brutal frankness, why their
> theories are
> unsound, what small remnants of the rule of law
> still survive, and how
> we can work together to build on those and try to
> restore a legal order
> based on state and national constitutions.
>
> Faced with a subculture of ignorance that resists
> education from those
> they consider compromised, many professionals will
> despair of being able
> to break through and get them on the right path, but
> the solution is to
> take one step at a time, knocking out the myths that
> prop up their
> theories, and substituting correct explanations. It
> is a challenge for
> the educator, but the stakes are too high not to
> try.
>
> But this guidance must meet their immediate needs.
> They are not law
> students. They are, in many cases, already in the
> process of being
> prosecuted unjustly in ways that threaten their
> lives, their liberty,
> and everything they have. It is too late for
> generalities. They need
> specific answers now, answers they can use
> themselves, because there are
> not enough responsible constitutional lawyers
> available to step in to
> represent all of them, especially pro bono. We have
> to help them help
> themselves, and if there is no legal recourse, then
> we need to frankly
> tell them that the time to take up arms has come.
>
>
===================================================================
> Constitution Society, 1731 Howe Av #370, Sacramento,
> CA 95825
> 916/568-1022, 916/450-7941VM         Date: 05/24/00
> Time: 17:11:53
> http://www.constitution.org/
> mailto:[EMAIL PROTECTED]
>
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