Thursday, May 4, 2023

Justice  042723

In the United States Justice is a concept of contradictions.  It depends on perspective, even before the U.S. was a nation Justice was an iffy proposition.  Law in the colonies was primarily based on English Common Law of precedence, or what has gone before.  An unjust ruling compounded repeatedly eventually served as the law of the land.  Land itself generated much of early American law, Indians had it and settlers wanted  it, during the revolution with precedent established English loyalist’s properties were legally expropriated.  With a vast body of precedence as law Spanish/Mexican lands in the southwest was legally seized, own the courts own the land.  A guiding carpetbagger principle in the post civil war era.  The remaining Indians discover that despite Constitutional binding Treaties, they didn’t own the courts and lost not only their lands but also its mineral wealth. For over 200 years courts have applied precedent against those without political influence.

Slavery itself was justified by precedence, which despite post civil war reforms continued to serve to suppress labor movements.  Industrialist and mine owners through money, power and corruption owned the courts and strong-arm labor-busting cops.   If judicial independence was established by the Constitution, how can the courts be bought?  It’s a political process where money talks. The radicalized two party system has become the Achilles heel of democracy and judicial independence through process of appointing judges  held hostage by partisan politics.  Ideally judges should be the country’s best legal minds who will establish legal precedence by just, non-partisan decisions.   There have been some judges demonstrating the Wisdom of Solomon but many bring to the bench enough baggage to break a caravan of camels’ backs.  

Judges are increasingly appointed, not for their ethical ability to render, scholarly just decisions, but rather on making ideologically supportive decisions.  The judicial trends are attempts to stampede the country back into the 19th century dark ages of head busting, corruption and robber barons.   Increasingly the 20th century law reforms on voting, equal rights for minorities, press freedoms and protections under the law are being reversed.  These reversals are not based on judicial points of law, justice, integrity or equity, serving only the interest of the moneyed, political powerful.  If the majority can even get their day in court wealth’s lawyers manipulate the process until the case is moot or plaintiffs bankrupt.  Judge shopping is the new norm with repeated questionable appeals searching for a favorable ruling.

The rule of law is broken, from bias courts to corrupt law enforcement (LEA).   Not every cop on the beat steals apples or is to free with a nightstick, but enough are out there.  Still LEAs may be the most corrupt organizations in the country because honest cops know who are the problematic are but hide the corruption behind a “Blue Wall.”  There is a movement to “defund the police” not sure what that means, it is a buzzword divorced from reality.  The nation needs honest, accountable policing because there are lots of really bad people out there.  Policing is a reflection of society facing two models, beat heads or join the party, both bad choices.  If  by chance cops end up before the bar, they get a walk or slap on the wrist and celebrate in the corner bar.  The problems with the legal system are obvious to the public but oblivious to those within the justice system.

The justice system has failed to police itself and partisan legislatures add fuel to the fire by failing their duties to the people while fanning the flames incinerating the country.  There is little expectation that legislators will act in an ethical manner so voters must choose new representatives who will act in the interest of the country, not radical ideologies.  Democracy unfortunately is not a self-correcting system; it requires attention, participation and adjustments.  The founding fathers never envisioned professional politicians pandering to extremism which approaches fascism.  There is little justice in our justice system and night riders are riding. The people must not believe politicians’ self interest propaganda but judge their actions, they only change their message not their beliefs.

Local disjointed public demonstrations are a sign of systemic distrust.  It awaits only a  coordinated failure to trigger a national REVOLUTION. Despite the probable worst efforts of strong-arm mob-busting policing it’s a no win situation ending with probable removal of “U” from U.S.

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Question:
If an appointed judge is found to have committed perjury or accepted “favors” from elites will all of that judge’s rullings be reversed or at least reviewed?  If there is no oversight, no court ethical standards and the court cites the Constitution as its justification to be above the law, what prevents the court from becoming the national dictator? Time for a rewrite?