-Caveat Lector-

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Justice Run Amok
by Joe Pierre
If anyone ever doubted that our justice system is in a shambles, the
spectacle of the Los Angeles courts over the last decade should
dispel their doubt.

First, we had the spectacle of the trial of the L.A. cops for
thumping on a drugged-up black miscreant who had just led them on a
100 mph chase through city streets, and then resisted arrest. The
entire nation was subjected by network TV news to endless replays of
a few seconds of an edited version of a home video made by a
bystander. "Everyone knew" the cops were guilty of brutality.

A problem: the trial jury, in a trial in a neutral venue, viewed the
entire tape and heard all the available evidence, and acquitted. Now
what?

Los Angeles blacks, whipped into rage by their "leaders" with cries
of "Racism!" and inflammatory news reports screaming "Fire!" in a
crowded theater, predictably rioted; burning, looting, pillaging and
raping everything in sight, and were justified by media liberals and
at least one Congresswoman for acting "out of frustration." The
police were impotent. The national guard was absent. The militia had
been disbanded generations before, "replaced" by the national guard.
The law-abiding were reduced to whatever self-defense measures they
could mount on their own behalf. News helicopters filmed scenes of
merchants protecting their stores from the roof-tops with rifles.

It made one long for the good old days of the impetuous, but
effective, activities of the California vigilantes in the gold-rush
period, and sympathize with the the forceful, restraining hand of the Ku
Klux Klan, on a lawless, post-civil war reconstruction South trying to deal
with carpetbagger "justice."

Politics intervened. Justice was replaced by expediency. The cops had to be
punished, despite their acquittals. The Attorney General of the United
States, proclaiming that "justice" would be done, charged the cops with
violations of Rodney King's civil rights. A black jury was chosen from the
heart of Los Angeles, and the desired verdict was rendered. The cops were
sentenced to imprisonment.

Next act: In the riots, an unprovoked attack on a truck driver was
video taped by a news crew, in which the driver was nearly beaten to
death. The black perpetrators were identified. The Attorney General
was not so outraged this time, and the local court, desirous of
avoiding charges of racism, was lenient. After all, they were
motivated in the assault by their "frustration."

Next act: The case of Orenthal James Simpson. His estranged wife and
her acquaintance were murdered with a knife. She was practically
decapitated. Blood samples, DNA evidence, bloody gloves and socks
found in his house, blood splatters on Simpson's vehicle, evidence
that she was terrified of him and had predicted that he would kill
her, police records indicating that he had battered her in the past,
his inability to satisfactorily account for his time, his shoe tracks in
the victim's blood at the scene, what more do you want? A black jury
acquitted. Reason? A police detective witness had lied about using the word
"nigger" in the past ten years

. Los Angeles is just the tip of the iceberg. Jury nullification:
black jurors acquitting black defendants in the face of
insurmountable evidence of guilt simply because they are black, is a
national epidemic. Article after article has been published, in the
newspapers, Reader's Digest, and numerous magazines over and over
again. Four eyewitnesses, fingerprints, the accused attempts to plea-
bargain and admits guilt, and the jury acquits.

The courts take too long to render justice. I was subpoenaed as an
expert witness in graphic arts at a federal counterfeiting case in
Portland, Oregon, several years ago. The accused had been tried for
the murder of his girl-friend's husband 10 years earlier. The body
had been found in a well, slaked with lime. The accused was a
bricklayer. He was found guilty, but appealed. The appellate court
also found him guilty. He appealed all the way to the U.S. Supreme
Court, which ordered a new trial on a technicality of law, and
finally he was acquitted. The witnesses had died or moved away, and
ten years had passed.

But, in the meantime he was involved in counterfeting, found guilty
and sentenced to 12 years. Did he serve it? I don't know, I was never
subpoenaed again to testify.

The people of California recently passed a proposition (Prop 209)
that prohibits public colleges from discriminating for or against an
applicant on account of race or gender. The same rule would apply to
state and local authorities who award government jobs and contracts.

United States District Judge Thelton Henderson, in a convoluted
ruling, issued a temporary restraining order forbidding the Governor, Pete
Wilson, from implementing the law on the grounds that it is
unconstitutional. A law that says all are equal before the law, is
unconstitutional?

The entire voting population of California makes a law, and one judge
decides that they are out of line, and makes it stick?!

The State of Oregon, years ago, made a deal with its employees: In
essence, we can't pay you much, but the benefits will be good. For
example, when you retire, after your years of service, we will not
impose a state income tax on your retirement pay; a simple contract
between an employer and its employees.

Some federal retirees in the state, with whom the state had made no
such deal, thought it was unfair that their incomes should be taxed
while retired state employees were not. There were other
disimilarities in employment: The federal employees generally were
paid more for the same work during their employment period, and were
credited with military service time toward their retirement, while
state employees were not, and generally their employment had more
protections from layoff; but they sued -- in another state, with a
similar situation. The United States Supreme Court ruled that all
must be taxed the same.

Now, Oregon is a sovereign state, and it had made a perfectly
reasonable contract with its employees. No one else was involved, and it
was an expedient answer to state funding problems that had worked well for
years. Because of the decision of nine judges on the Supreme Court, the
whole thing was turned upside down. The state now has to tax its old
employees, contrary to the contract agreement under which they worked for
their entire career; unilaterally broken by a third party whose business it
was not.

The courts, and particularly the federal courts, have attained far
too much power. Much of their activity is not constitutional. Article III
of the Constitution, which creates the judicial branch of the federal
government, and from which the Supreme Court derives its power,
specifically delineates and limits the extent of its jurisdiction to cases
arising under the Constitution, laws of the United States and treaties
under their (the United States) authority. The cases are spelled out: those
affecting ambassadors, public ministers and consuls, admiralty and maritime
law, controversies in which the United States are a party, controversies
between states, or between a state and citizens of another state, or
between citizens of different states, between citizens claiming lands under
a grant by another state, or between a state or its citizens and a foreign
state.

The Supreme Court has original jurisdiction in cases involving
ambassadors or consuls, and those in which a state shall be a party
In all other cases, it has appellate jurisdiction only with such
exceptions, and under such regulations as the Congress shall make.

There is notably no provision for the Supreme Court, or any other
body or person, to "interpret" the Constitution. The Constitution is
written in plain language-- not legalese -- with plenty of provision
for amendment, and it does not require interpretation by a lawyer or
judge. It was written by plain men to be understood by everyone. In
fact, it is the people's contract with government; intended to
protect us from exactly the overweening, powerful figures who now
would dictate to us how we must live.

The contract is there to protect us, why aren't we enforcing its
terms?



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