The question that confronts Americans today is how to reestablish justice in the face of the findings of such inquiries as that carried out by the the San Jose Mercury News. In a series titled, Tainted Trials, Stolen Justice, the paper delved into the operations of the appellate court system there and nationally, producing evidence based on detailed analysis showing that the the system is irredeemably corrupt, failing consistently to weight the laws o r the facts, committing errors in procedure routinely, and engaging in questionable conduct.
Judges and those elected cannot be removed. If you are one of the few who still doubt the truth of this see, “Hacking Democracy,” the documentary that shows exactly how elections are stolen. This problem has awakened the concern of Americans from both the right and left over the last eight or more years resulting in the growing impeachment movement, the clean election movement, and such movements as the Ron Paul Revolution, intended to take back control of the Republican Party into the hands of grass roots activists.
Worries over corrupt courts have now focused attention on the means outlined by our Founders for ensuring that justice remained within the grasp of the people. Those means are the Common Law Courts which many are now reactivating despites threats from that same government.
The Common Law was firmly in place at the time the Constitution was written and ratified. Statute law came into existence when the original mandate for equal rights was ignored, making it necessary to set out how women and blacks would be treated. Ignoring the rights set out in The Declaration of Independence, for which the Revolution was fought, has proven to be expensive for all Americans. Statute law has shackled each of us. It exists in contradiction to the Constitution.
Common law was a system that had withstood the test of hundreds of years of usage in England before coming to the New World with the establishment of the colonies. Common law is often cited as law created by judges, but this is not the case and, in fact, ignores the source of common law as coming directly from the people. America is the coming together of a people to govern themselves at the most local level. Many have lost track of this fact, but it is irrefutable and remains at the foundation of American jurisprudence despite the series of moves that have attempted to extinguish the means by which the people can take corrective action.
Under the Common Law the steps for enacting justice are clearly laid out. To this the Founders added measures to ensure that their intentions were explicitly understood. The Judiciary Act of 1789 mentions the common law as the only standard for courts. Today the common law has all but disappeared in practice through the manipulations of the judiciary acting in collusion with government and other interests who seek to profit from power.
Equity courts, explicitly excluded from use when remedies were available under common law, are now in use throughout the system. This includes one of the largest cash cows from which courts profit, the marriage law system and the system of 'infractions,' that we know as the demands for payment from traffic court and from fines exacted by various parts of government. These deny the right of jury trial, a clear sign they are equity law courts.
In SEC. 9. of that Act all seeking justice have a right to trial by jury except in cases heard in admiralty and maritime jurisdictions which, “including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it;”
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