If I were running for President of the USA... Part 1 of 3

I sometimes wonder what planet or alternate reality our major media is allegedly reporting on. I listen to the debates, hear the polls and watch the news and just shake my head. I believe that by the time you, the average rank and file citizen, is done reading my agenda, you also will begin shaking your head whenever you hear major media spin its perspective on the politics of our country.

In my humble opinion, the single issue of highest importance to voters this year should be:

“Do you want to be managed and manipulated by the politicians like cattle, trained seals and/or Pavlov’s Dog or; Do you want to be represented like sovereign citizens of the country as the Founding Father’s intended?”

In short, I believe the rallying cry of WE THE PEOPLE should be:

“Hell no! No more status quo!”

As I sit down to write this article, I cannot help but wonder how all persons running for president do not write and publish a similarly intentioned article as one of their first acts in making their bid for president. What better way to set the tone of their campaign? What better way to lay out to WE THE PEOPLE their vision for our country? What better way for a candidate to demonstrate their intent to keep their word? What better way for WE THE PEOPLE and the candidates themselves, to measure their success or failure than by having their vision, promises and pledges reduced to writing? Isn’t this just Common Sense?

Instead, America is subjected to some bizarre political Shivaree. During the course of this dragged out shivaree, the political parties and major media “frame” the election and attempt to convince WE THE PEOPLE that the issues the “powers that be” want us to base our voting decisions upon are, or should be, the most important to the majority of WE THE PEOPLE.

[Article Continues below almost universal translator]

Political Party Questionnaires are generally multiple choice with generic answers and no opportunity to choose “none of the above” or suggest a different priority from those suggested. And then major media follows the lead of the political elite and proceeds to frame the debates and the elections accordingly.

In this format, elections become more a matter of almost subliminal manipulation and management of WE THE PEOPLE with Edward Bernays http://bit.ly/nY9BjW style techniques rather than elections reflecting the will and best interests of rank and file Americans. And, in reflection, all of these machinations can be seen to be actually intended to maintain the corrupt, tyrannical status quo.

That having been said, let this candidate suggest that all candidates draft and publish a statement of priorities such as this. If for no other reason than because it well serves the best interest of WE THE PEOPLE, the rank and file sovereign citizens of America and allows us to hold our elected officials accountable. (And imagine how many commercials you would not have to see to determine how to vote if every candidate, followed this candidate’s lead in reducing their vision and priorities to writing)

But if you prefer the current status quo of being manipulated and managed like cattle, trained seals and/or Pavlov’s Dog, stop reading now.

CRITICAL THINKING NOTICE

This candidate advises you as no other politician would dare. Exercise Critical Thinking (http://bit.ly/ubI6ve) in determining the truthfulness of anything you read or hear. Do not passively accept nor believe anything anyone tells you, including this candidate... unless and until you verify it yourself with sources you trust. And then, only after you could actively defend your perspective to anyone who might debate you to the contrary of your perspective.

OVERVIEW

In my administration, the priority will be to protect the 300 million citizens of our country from corrupt elected officials and government bureaucrats, rather than protect a few corrupt elected officials and government bureaucrats from the legitimate grievances of WE THE PEOPLE. In my view, systemic corruption permeates all levels of our government. And it is the cumulative effect of this systemic corruption which has caused the financial and moral bankruptcy we are facing.

I am not running to be popular;

I am not running to the most exciting, most lovable or the most colorful president;

I am not running with an eye toward enjoying the accoutrements of aristocracy;

I am not running with an eye toward personal wealth;

I am not running with an eye toward re-election;

I am running to represent WE THE PEOPLE.

I am running to save our country from collapse, to pursue the long neglected best interests of rank and file Americans and to restore America to its former position as the undisputed cultural, socio-economic, military leader of the world.

AGENDA AND PRIORITIES

As president, I would look to roll back all of those small incremental encroachments of liberty, trespasses of the Rule of Law and expansions of Government Power which are easily obfuscated by the ruling class, but whose cumulative effects are easily recognized when published together in the proper context.

“Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations…”

James Madison - Speech at the Virginia Convention to ratify the Federal Constitution

1) United We Stand;

2) Restore Adherence To The Constitution And “Certain Unalienable Rights” Guaranteed By Natural Law, The Constitution And The Bill Of Rights;

3) Government Transparency, Accountability and Reform (TAR);

4) Judicial Transparency, Accountability and Reform (TAR);

5) Citizen Anti-Corruption Committee;

6) Race;

7) Repeal and rescind legislation and policies which caused economic downturn and job loss;

8) Election Reform;

9) End or Nationalize the Federal Reserve Bank System;

10) Balanced Budget without additional debt;

11) Social Security and Medicare ;

12) Legislation must say what it means and not be a potpourri of pork, earmarks and/or unrelated legislation;

13) Line Item Veto

14) Elimination and Restructuring of Cabinet Departments;

15) Internet – Government Hands off and Libraries;

16) Public Education Reform;

17) Health Care;

18) Expanded Whistleblower Protection for Government inspectors and Subcontractors;

19) Welfare Reform – Negative Income Tax

20) Anti New World Order (NWO) aka One World Government (OWG) Policy

21) Anti Balkanization Policy

A) English as the Official Language

B) Border

C) Immigration

22) Diversity Synergy;

23) Conservation;

24) War on Drugs;

25) War on Terror;

26) Military;

50) Additional Recognition Ceremonies

51) Encourage Absolutely Voluntary Standard Prenuptial agreements

52) Encourage Abosolutely Voluntary Standard Pre-Coital Agreement for unmarried relationships in event of pregnancy and/or STD’s

96) Civil Unions;

97) Abortion;

98) Amnesty and expungement – for all persons with up to 2 non-violent convictions for drug related offenses related to personal use (as defined by the DOJ);

99) Frontiers.

THE DEVIL IS IN THE DETAILS

1) UNITED WE STAND

It deeply saddens me to have our elected officials and political parties whip various groups of WE THE PEOPLE into a frenzy against other groups of WE THE PEOPLE. This all for the selfish purpose of dividing and conquering WE THE PEOPLE as part of their strategy to get re-elected and maintain power and control. Worse yet, our elected officials have caused and/or have been unable to resolve most of the difficult issues facing our country. Often the political parties deliberately drag issues out just because they so great a source of campaign contributions.

With this in mind, I begin with the premise that WE THE PEOPLE, the rank and file sovereign citizens of America are more alike than the politicians and political parties would wrongfully have you believe we are different. And with this premise, I would seek to tap into the wellspring of synergy residing in the minds of our country’s some 300 million fellow citizens. Further, in so doing, I would hope to unify WE THE PEOPLE and fundamentally alter the current culture of negativity and non-constructive debate which degrades each citizen’s quality of life.

There is a technique known as Nominal Group Process (NGP) which is used to bring consensus and unity in organizations with discord and acrimony. This candidate has been involved in several of these NGP’s.

For the first 12 months of my presidency, I would have America engage in a National “Nominal Group Process” http://1.usa.gov/wJDaBe + http://bit.ly/wJ3HEV + http://bit.ly/yPrxT7 (In the interim, I would proceed with my agenda as further outlined below)

I would select 2 persons from each State and major territory to participate in this process. And I would attempt to have the overall mix reflect such backgrounds as race and sex. I would not select any currently elected officials or current or past Government Bureaucrats, besides myself and my VP. And I would also tend to choose rank and file persons from other groups as they tend not to have preconceived notions nor hindering loyalties. Our country needs new perspectives and new ideas.

The Question I would put to this group would be:

“Within the Bounds of Natural Law, the Constitution, the Bill of Rights and the Vision the Founding Fathers had for America, What should WE THE PEOPLE do to restore the united States of America to the position of the undisputed cultural, socio-economic, military leader of the world within 20 years?”

Subject to my perceived need for adjustment, my initial proposed the mix of the 102-104 persons would be as follows:

5 Big Business Representatives

10 Medium Business Representatives (prefer owners/founders)

20 Small business owners

10 non-recreational farms (1 commercial, 8 traditional family, 1 organic)

10 traditional Family Homemakers with children

10 union (rank and file, not leaders) employees

5 non-union management type employees

15 non-union rank and file employees

5 rank and file non commissioned Military

3 commissioned non political Military

1 rank and file Veteran

1 high ranking military

1 rank and file Sovereign Nation Representative

1 minor territory representative

2 rank and file homosexual persons

I would certainly hope that they would incorporate many or most of my agenda priorities in their plan, but they would not be required to do so.

Ideally, many or all of the states would precede the National Level Nominal Group Process with a similarly designed, State Level Nominal Group Process. Perhaps their NGP question would be:

“Within the Bounds of Natural Law, the Constitution, the Bill of Rights and the Vision the Founding Fathers had for America, what should WE THE PEOPLE do to make our state the best state in the union in which to raise a family within the next 10 years?”

And, naturally, as long as a state complied with the spirit of the process, there would be a high predisposition to select individuals that served on the State Process for the National Process.

Through this process WE THE PEOPLE would forge a mutually agreeable road map to the future.

And with the help of this NGP committee, I would seek to implement the programs and policies the National NGP proposed. Instead of Tsars, I would have committee chairs of the organic committees that sprang up through the NGP help me implement the plan by lobbying Congress, giving presentations to the General Public, etc.

2) RESTORE ADHERENCE TO THE CONSTITUTION AND “CERTAIN UNALIENABLE RIGHTS” GUARANTEED BY NATURAL LAW, THE CONSTITUTION AND THE BILL OF RIGHTS

Certain Acts and Policies have gutted rank and file Americans of their Natural and Constitutional Rights. The Patriot Act, NDAA of 2012 and SOPA and other laws, rules and policies blatantly erase, erode and/or compromise certain inalienable rights guaranteed to WE THE PEOPLE. The very declaration of war itself allows the Government certain repressive rights they are not allowed during times of peace.

Though the stated purposes of these various measures is the security of WE THE PEOPLE, a clandestine purpose for subduing WE THE PEOPLE seems to be the intended actual or probable outcome.

Further, the Courts have used Case Law in an attempt to “end run” Natural Law, the Constitution and Bill of Rights. Examples of this can be found here http://bit.ly/y6ecPh and http://bit.ly/q81Tig .

“Those who would give up Essential Liberty to purchase a little Temporary Safety,
deserve neither Liberty nor Safety.” http://bit.ly/w828mJ

Variations ascribed to both Benjamin Franklin and Thomas Jefferson

3) GOVERNMENT TRANSPARENCY, ACCOUNTABILITY AND REFORM (TAR)

“The fundamental understanding our US Founding Fathers had in drafting our constitution, is People under Natural Law have free will, and are not virtuous by nature. Therefore, governments must be constructed in anticipation of the nature of man. Acting on this knowledge, our Founding Fathers built into our Government and Constitution, various checks and balances.

Amongst these checks and balances were transparency and accountability. All of our problems today emanate from the slow, persistent rolling back of the checks and balances, transparency and accountability our Founding Fathers built into our Government and Constitution.”

First Principles http://bit.ly/nLIqPn

Our Government has been gradually eroding all the Transparency and Accountability the Founding Fathers built into our Government. We must restore this transparency and Accountability through vigorous reform. With advent of the internet, we now have the technology to make Government transparent and accountable to virtually every citizen.

BRING HOME THE POLITICIANS

The First step to restoring transparency and accountability is to “Bring Home The Politicians”. http://BringHomeThePoliticians.com Currently all of our Congresspersons are officed in Washington D.C.

Briefly, under the “Bring Home the Politicians” program (aka eCongress); the Congress would meet only once a year physically in Washington DC for an abbreviated period of time. Congresspersons would office in their home districts. A secured system for voting via the Internet would be created.

Instead of being surrounded by lobbyists and other corrupting influence in Washington DC, Congresspersons would be surrounded by their constituents for all but 1 or 2 months of the year. And this would create far greater access for constituents to their elected congresspersons.

And this would make a catastrophic terror attack on our government much more difficult.

BUDGETS AND ACTUAL REVENUES AND EXPENSES POSTED ON THE INTERNET

For about 3 years the elected officials in the County I reside in have denied me access to finance information that is supposed to be “Public Record”. I wanted to know why my property taxes tripled in 10 years. They even denied Freedom of Information Requests (FOIA) No Government agency would assist me in obtaining this information, telling me I would have to retain an attorney and sue to get said information.

In the meantime, it has become apparent that elected officials and bureaucrats at all levels of government are unable or unwilling to find the waste and fraud that exists in Government finances.

Therefore, I would seek legislation requiring all schools, cities, counties (all municipalities) to post their budgets and actual revenues and expenses on the internet in layman’s terms with no aggregates greater than one hundred dollars. Such data to be easily down loadable in a common spreadsheet format with all spreadsheet functions enabled.

The States and Federal Government would also be similarly required to post their budgets and actual revenues and expenses on the internet in layman’s terms with no aggregates greater than one hundred dollars.

The exception being that certain financial information deemed National Security Sensitive would not have to be publicly posted.

Instead, the Anti-corruption Committee would have access to said National Security Sensitive Financial data. And this committee would be fully empowered with enforcement powers, including public disclosure of the issues if the government failed to comply with its directives.

Our elected auditors have become compromised and are just part of the “good ole boys”.

With this information posted on the internet, every citizen could act as an auditor and watch dog.

1ST AMENDMENT RIGHT TO PETITION THE GOVERNMENT

FOR REDRESS OF GRIEVANCES WITHOUT FEAR OF REPRISAL

For the past coming on 7 years, hundreds of Minnesota Citizens have asked to petition the Minnesota Houses and Senate Judiciary Committees to give testimony and evidence of corruption in the Minnesota State Judiciary. For 5 of those seven years the Democrats, who controlled those committees, refused. For those 5 years the Republicans said they could do nothing because they were the minority. Now, for almost the 2 past years, the Republicans being the majority and in control of both the House and Senate Judiciary Committees, have also saw fit to deny WE THE PEOPLE’s right to Petition the Government for redress of Grievances.

To wit, as president I would seek legislation requiring that any group of rank and file Citizens with 25 or more members having affirmed in writing their demand for exercise of their 1st Amendment Right to Petition, be given at least one 4 hour hearing. This hearing to be held separately or jointly with the Senate and House Committee(s) holding purview to the matters and nature of petition. Attendance would be required by at least 75% of the Committee members and said hearing shall occur within two years of the group making a written request. If said hearing is not granted and held within 2 years, said hearing shall be granted the 3rd year without fail, shall last up to 8 hours and occur before the entire respective Federal or State Legislature with 90% attendance required. All iterations of the aforementioned hearings to be audio and video recorded and archived with easy access with other historical records. All such recordings to be accessible to the general public via the internet.

CONSTITUTIONAL OVERSIGHT OF JUDICIARY

The Federal Constitution calls for the House of Representatives to oversee and discipline the Federal Judiciary. Most State Constitutions that I am familiar with, call for their analogous House of Representatives to also oversee and discipline their State Judiciaries.

However, both the Federal and State houses charged with overseeing their respective judiciaries have seen fit to unconstitutionally delegate some or all of their judicial oversight and discipline authority elsewhere.

In Minnesota, the State Legislature has unconstitutionally voted to have the Fox guard the Hen house. Oversight and Discipline of the Minnesota State Judiciary was unconstitutionally transferred to the State Supreme Court via the Board of Judicial Standards and the Lawyers Professional Responsibility Boards. (Most rank and file Minnesotan’s recognize these latter two Boards as the taxpayer funded Kangaroo courts and Judicial Public Relations firms that they actually are)

Lawyers in Minnesota must be more loyal to the judges than they are to their clients, lest ethics charges get trumped up or minor violations get overblown as reprisal for crossing a judge.

“The Founders intended the judiciary to be the weakest branch of
government, but activist judges have rewritten the Constitution and
made a power grab that threatens our democracy” http://bit.ly/yWXutV - http://bit.ly/wRdMSh - http://youtu.be/2huV3joMr74 - http://bit.ly/wNVycx

Ergo, as president I would seek legislation that NO Federal or State House of Representatives (or its equivalent in the case of for example Unicameral Legislatures) shall delegate any portion of its Judicial Oversight and Discipline duties to any outside agency. Further, separate committees for the oversight and discipline of judges and for the oversight and discipline of attorneys should be formed. The Judiciary shall once again become the weakest branch of Government, as the Founding Father’s so intended.

As President, I would encourage states to adopt the same or similar posture regarding the Judiciary.

PROPERTY RIGHTS

The Condemnation of Private Property (takings) for Public Use as narrowly defined in the Constitution and 5th Amendment has been interpreted in an unconstitutional way by the US Courts. Essentially the US Courts have ruled that Government can act as kings and take property from one private property owner and give it to another private Property owner.

If you want a much more in depth explanation of this, you can find it in my previously written article”

DIVINE RIGHT OF KINGS DISGUISED AS USA JUDICIAL CASE LAW http://bit.ly/ny4dxh

As President I would pursue legislation condemning the Property Right power grab by the US Courts and restoring “Public Use” to it original narrow definition and intent of the Founders.

11TH AMENDMENT

It is my legal contention that the US Courts misinterpreted the 11th Amendment. It is my contention that Citizens of a State have the Right to sue the state of which they are a resident, in US Federal Court.

You can read further discussion of this issue in this article I previously have written:

ETERNAL VIGILANCE: SOVEREIGN IMMUNITY: THE 11TH AMENDMENT REVISITED http://bit.ly/yY8wiF

As president, I shall seek legislation restoring the interpretation of the 11th Amendment to that I believe the Founding Father’s intended.

TERM LIMITS

The first change I would champion would be the requirement that any elected officials running for re-election would be required to disclose all of their personal finances (including trusts and businesses) for their past elected term and all future elected terms.

Next, Government “Management type” Bureaucrats would not be allowed to keep their same position for more than 5 years and must take a 2 year break from government and lobbying, before taking another government position)

How is Congress like the US prison system? They are both institutions of higher learning for criminals.

Don Mashak

Federal Senators and Representatives – a combined total of 12 years | And then, only if leave all government positions including lobbying for 5 years beginning at the end of their last term, they may then serve an additional 6 years.

The Founding Fathers intended that our elected officials would be citizen representatives not career politicians.

ELECTED OFFICIALS AND GOVERNMENT BUREAUCRATS SUBJECT TO SAME LAWS AS WE THE PEOPLE

Congress has enacted various special laws and programs exclusively for them and other Government Bureaucrats and specifically not available to rank and file Americans… Retirement programs outside of Social Security… Health Care programs outside of Medicare and Obamacare… And a host of the perks and programs not available to WE THE PEOPLE.

These programs are unconstitutional and not consistent with Natural Law and the vision the Founding Fathers had for our country. Worse, they are cornerstone to building an American Aristocracy.

PLAUSIBLE DENIABILITY THROUGH THE USE OF UNDERLINGS

The incumbent ruling class do not subscribe to a morality of absolute right and wrong. Instead they subscribe a morality of plausible deniability. (If you can’t prove it, they didn’t do it)

Therefore, Senators and Representatives have their Chiefs of Staff and other underlings handle matters that do or might require “plausible deniability”. (The same thing happens with Presidents, Governors, Judges, Prosecutors, Police Chiefs, Mayors, etc.)

As president, I would press for legislation making elected officials as liable for the wrong doing of their underlings as though they had committed the act themselves.

INSIDER TRADING BY ELECTED OFFICIALS AND GOVERNMENT BUREAUCRATS

As president, I would press of legislation making any such insider trading treason and punishable as such.

'60 Minutes' Blows The Lid Off Congressional Insider Trading http://read.bi/xvutLpn

Wealth Gap Widens between Elected Officials & Constituents http://slate.me/yKHnsH

GOVERNMENT CONTRACTS

Persons and entities that get government contracts cannot make campaign contributions or any other consideration (over or under the table) to bureaucrats that supported and/or elected officials that voted for the contract for 5 years from taking final distribution. Taking money or consideration under the table shall be considered treason and punishable as such.

PERSONAL FINANCES TRANSPARENCY

As a requirement to collect any pension, retirement fund or any other government employment benefit, all Elected officials, Judges and Government Management and/or Policy level Bureaucrats must make their personal finances and that of their spouse, children, siblings and parents transparent to WE THE PEOPLE via bonafide audits with actual financial data posted to the Internet in layman’s terms with no aggregates over one hundred dollars. This transparency shall extend to their businesses, trusts and any other vehicles that might be used to hide “under the table” financial and/or other non-financial consideration. Again, this would be enforceable as a condition of employment.

All Elected officials, Judges and Government Bureaucrats are free not to submit to this personal financial transparency if they agree not to take any Government employment related post-employment benefits. (Of course, WE THE PEOPLE will always wonder why an honest Government employee would hide their finances)

4) JUDICIAL TRANSPARENCY, ACCOUNTABILITY AND REFORM

RULE OF LAW APPLIED TO THE IMPARTIALLY ADMITTED FACTS IN EVIDENCE

Sadly, systemic corruption has overwhelmed our legal system. WE THE PEOPLE are supposed to have the right to impartial justice based on the Rule of Law applied to the facts in evidence.

Instead, justice today is as likely based on simulated litigation and fact shaping as it by the justly applied rule of law. Judges telegraph or otherwise communicate to the attorneys the outcome they desire in a Court case and the attorneys enter or prevent entry of evidence in such a manner as to allow the judge to make the ruling the judge indicated they wanted to make.

Justice then becomes a matter of: “Who you know?” Politics, personalities, the whim of judges and “How much justice can you afford?”

Men, having been given free will, are not virtuous by nature and, acknowledging their imperfections, create governments so that they may live in safety and harmony together….

,,,However, governments, being creations of men, are also imperfect.

First Principles http://bit.ly/nLIqPn

RESTORATION OF CITIZEN ACCESS TO CITIZEN GRAND JURIES

Among the methods employed at covering up their activities which are not in the best interest of WE THE PEOPLE, our Government representatives have blocked Citizen access to the Grand Jury. The Founding Fathers provided WE THE PEOPLE the Grand Jury as a layer of Transparency and Accountability in the event of the corruption of the other avenues of transparency and accountability through regular Government Channels.

By initial Executive Decree and later by appropriate legislation, all Government Attorneys will be required to provide contact information to any citizen requesting access to citizen Grand Juries. Further, Government attorneys will be directed to assist complaining citizens and the Grand Juries themselves in processing and prosecuting their complaints. Still Further, all Judges will be directed to promptly and sincerely address all charges brought by citizen Grand Juries.

PROSECUTORIAL DISCRETION BY THE FBI, DEPARTMENT OF JUSTICE

AND ALL GOVERNMENT ATTORNEYS

Government attorneys have been accepting consideration and making prosecutorial decisions based on politics and broadly excusing their decisions as prosecutorial discretion.

In its present form, the DOJ and FBI have come to more resemble the former Soviet Union KGB or Nazi Germany’s Gestapo. Instead of enforcing laws without bias, they have come to be instruments of control and intimidation. Domestic Friends of the Current American Regime are protected (even in their criminal pursuits) and perceived political adversaries, political dissenters and other political enemies of the current political regime are punished and marginalized. (See FBI COINTELPRO http://bit.ly/pXRwip )

As president, I would require the FBI and DOJ to provide a written description of the disposition of all complaints submitted in writing in all cases where prosecution is not pursued. This document to be called “NOTICE OF DISPOSITION”. That written description to include the name of the elected official under whom this description is authorized, and the name and/or traceable “pen name” of all persons who worked on the matter, Investigator, Assistant, typist etc. It shall also contain an approximation of the man hours used in making the determination and the name of the person making the determination. This NOTICE OF DISPOSITION shall contain check boxes for the reason for declining prosecution similar to; allegations not understandable, allegations not credible, allegations not criminal offenses, insufficient evidence, insufficient resources, offenses not a priority, etc.

The conclusion would contain a short statement of what additional information or evidence would be necessary for the matter to be pursued further.

A Notice of Disposition would be due within 90 days of the complaint. This deadline could be extended by up to 24 months upon sending a Notice of Continued Investigation before the 90 day deadline expires.

All allegations of Obstruction of Justice and Abuse of Process, such as witness tampering, bribes and Simulated Litigation, would require more extensive documentation than other matters.

The NOTICE OF DISPOSITION will also be sworn and notarized and it will include a statement that the DISPOSITION was based on the Rule of Law and not based on political consideration, bribe or any other unlawful or amoral consideration.

State and County Government Attorneys would have the same Duty to provide Notice of Disposition.

Any Government attorney or law enforcement personnel found to have made or caused any case DISPOSITION based on political consideration, bribe or other consideration shall be immediately and permanently disbarred with no possibility of reinstatement and shall be prohibited from working in Government position or as a subcontractor or employee of a subcontractor providing services to the Government. The standard of evidence shall be “more likely than not”

GIFTS AKA BRIBES

In Minnesota, State Judges are allowed to take bribes (which they call gifts) by deliberate intent of the rules, Judges can take an almost unlimited number of gifts on any given day and not even report the contribution unless it exceeds $150.00 per day. And for those hypocritically offended Judges, who protest a gift is not a bribe, Let us quote the Bard:

“What's in a name? that which we call a rose
By any other name would smell as sweet”

Shakespeare – Romeo and Juliet

All gifts, bribes and all other manner of consideration to all Federal, State and Administrative Judges, Magistrates, Referee and Court Clerks is hereby outlawed and be considered treason and punishable as such.

ADMINISTRATIVE JUDGES, MAGISTRATES, REFEREES AND COURT CLERKS

All Citizens have the right to have any matter heard before properly appointed or elected judges. Instead magistrates, referees, law clerks and Court Clerks are rendering judicial decisions. All Citizens must be informed of this right and waive this right in writing.

Federal Judges were trusted and given the opportunity to be appointed for various reasons. However they have betrayed the trust of WE THE PEOPLE as evidenced by many of their unconstitutional decisions and other rulings not consistent with the Rule of Law. Henceforward, all judges shall be elected.

TERM LIMITS

“At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account. “

Thomas Jefferson, letter to Monsieur A. Coray, Oct 31, 1823

All Federal and State Judges to be elected rather than appointed.

All Federal and State District Court Judges may serve up to two 4 year terms.

All Federal and State Appellate Court Judges may serve an additional two 4 year terms.

All Federal and Appellate court Chief Justices may serve an additional one 4 year term.

All Federal and State Supreme Court judges may serve up to an additional two 4 year terms.

All Federal and State Supreme Chief Justices may serve up to an additional two 4 year terms.

All interim appointments shall be temporary and the temporary replacement may not run for the same seat they temporarily fill at the next election for that seat. (Plenty of retired judges)

The judicial system has betrayed the trust of WE THE PEOPLE. The Judiciary may blame their poor and unconstitutional judgments which they felt comfortable in rendering. The current methods of appointing and electing judges has failed to protect they best interests of WE THE PEOPLE because judges lacked accountability and the judges were not able to exercise self-control in the absence of accountability to WE THE PEOPLE.

The American Judicial System is the best appearance of Justice that money can buy.

Don Mashak

JUDICIAL CANDIDATES REJECTED

Because of the unwritten “Judicial Code Red” rules, Judges most often do not have opposition to re-election. Everyone in the legal fraternity knows that to run against a sitting judge violates these unwritten rules. Reprisal in the event of loss can be very career limiting.

As president, I would press legislation and ask States to follow suit to add an extra choice for Candidates for Judge. This choice would be “None of the above” or “No Confidence”.

If the majority of voters cast their ballots this way, the election for that seat would be held again and only new candidates could run in the election to resolve that particular vacancy.

WE THE PEOPLE should not get stuck with bad or corrupt judges just because the good ole boys figured out an unwritten way to game the system.

PUBLIC FINANCING OF ALL JUDICIAL CAMPAIGNS AT NO EXPENSE TO TAX PAYERS

Campaign Contributions to Judicial Campaigns create certain concerns and/or the appearance of impropriety. Judicial Campaigns could be publicly financed without using tax payer money by increasing lawyer licensing fees. In Minnesota we calculated increasing lawyer’s fee by about $100.00 per year would be sufficient to adequately publicly finance Minnesota Judicial Elections.

You can get a better idea of this proposal by reviewing North Carolina’s 2004 Legislation. Or you can search for this topic in:

Twenty Legal Reforms synopsis and comment - 11/27/10 draft (Minnesota)

http://bit.ly/A8zw7H

As President, this is another Judicial Reform I would pursue.

LAWYERS CODE OF PROFESSIONAL CONDUCT IMPLIED COVENANT OF CLIENT CONTRACT

Here in Minnesota, the District, Appellate and Supreme Court have ruled that lawyers don’t have to treat their clients ethically (Fabian v Volkkommer MN A10-1205) Here in Minnesota, Judges and Lawyers engage in “Simulated Litigation” and “fact shaping” of cases. Essentially the Judge tells or telegraphs to the lawyers of both parties what outcome they want in the case before them, and the lawyers enter or withhold evidence to allow the judge to make the ruling the judge has communicated they want to make. Obviously the Lawyers Code of Ethics creates problems for this arrangement.

As president, I would call upon the US Lawyers BAR to draft a Code of Ethics that would be an implied covenant of any contract between all US Citizens and their lawyers. This Code of Ethics to be approved by the Congress and/or the respective state legislatures as appropriate.

REWRITE ALL LAWS AND COURT RULES IN SIMPLE ENGLISH

At the dawn of America, literacy rates were such that it was necessary to have the profession of lawyers.

However, with the advent internet and our high American literacy rate WE THE PEOPLE have a better way to get rid of the lawyers than the Bard of Avon suggested.

“The first thing we do, let's kill all the lawyers.” http://bit.ly/xpNOlq

Shakespeare, Henry VI

As evidenced by the Minnesota Ruling that the MN Lawyers Professional Code of Conduct is not an implied covenant of a contract with a Minnesota Lawyer, it is apparent Judges and Lawyers do not believe they have to treat litigants ethically. It is therefore necessary to allow litigants to be able to defend themselves.

The legal code, judicial rules, and case law must be rewritten in simple English either devoid of Latin words or with English Alternatives provided. The legal code and judicial rules must be written in simple English that the typical high school graduate could understand and use to represent themselves.

Case Law must be integrated into the legal Code and Judicial rules. This should be done by Federal and State Legislatures as appropriate. Imagine the savings to WE THE PEOPLE when lawyers no longer can rack up huge bills alleging “legal research”. After the initial rewrite, the legislature would be required every 10 years to incorporate new Case Law into the Legal Code and Judicial Rules.

As importantly, conflicting Case Law exists that has not been resolved. Thus, Courts can site whichever of the conflicting case law sites best suits their perspective in justifying their current ruling with the masses unaware of the case law slight of hand.

Requiring Federal and State Legislatures to resolve Case Law Conflicts prior to incorporating the precedent in the legal code or judicial rules strengthens the Rule of Law and removes opportunities for lawyers and judges to play games with the law.

The Courts and Lawyers have brought this upon themselves. There is no massive complaint about judges receiving gifts from the Judges or Lawyers. There was no major outcry from Minnesota Lawyers when the State District, Appellate and Supreme Courts ruled that Minnesota Lawyers don’t have to treat their clients ethically. (aka Lawyer Professional Code of Conduct not implied covenant of contract between Minnesota Citizen and Minnesota Lawyer) From this we must deduce that it is the intent of Judges and Lawyers to treat WE THE PEOPLE unethically.

With both Judges and Lawyers, by their actions revealing no intent to treat citizens ethically, it is the duty of Federal and State Legislatures to rewrite the Legal Code and Judicial Rules such that citizens can represent themselves. Failing to rewrite the law and rules so they are plainly understandable to rank and file Americans leaves WE THE PEOPLE vulnerable to the misrepresentations of unethical Judges and Lawyers.

REQUIREMENT OF CORPORATIONS TO BE REPRESENTED BY LAWYERS

Currently all Corporations are required to be represented by lawyers in Court.

As president, I would pursue legislation that would allow corporations only owned by natural persons with the number of owners less than 25 to represent themselves by unanimous agreement of the owners. For Claims for$10,000.00 and more, representation would be required to be one or more of the owners. For claims less than $10,000.00 either an owner or an employee would be allowed to represent the corporation.

RECORDING

Most Courts have rules prohibiting recording of court hearings and conversations with court personnel without permission of the Court. And when permission is requested, it is most often denied. There have been accusations that Court Record Transcripts are not always accurate.

In the Interest of Transparency and Accountability, I would push for a Federal Mandate that all Court Proceedings be Audio and Video recorded and kept on file for a minimum of 10 years.

All persons who are litigants or giving testimony in court and/or conversing with any court personnel and/or law enforcement may secretly or openly record their conversations and/or testimony with a small voice recorder without permission or consent of the Court.

RANDOM ASSIGNMENT OF JUDGES

Judges are supposed to be assigned randomly. However, it has been alleged that Court personnel can anticipate what judge is next up in the rotation, and simply wait until the desired judge is next in the rotation.

Most venues have 1 or 2 judges that are willing to fix cases. Litigants get one “free boot” of the assigned judge. If the fix is in and the venue has 2 corrupt judges, the target of the fix has no chance at impartial justice. (This is often done to fix cases against political dissidents and/or for other political purposes or to fulfill bribes)

As president, I would pursue legislation requiring that cases be assigned truly randomly, making it more difficult for the powers to be to fix cases.

CERTIFICATION OF JUDGEMENTS, DECISIONS AND ORDERS.

As president, I would press for a requirement that all Federal and State judges certify that their Judgment, decisions, actions and orders have been made consistent with the Rule of Law. Further, this certification would contain a reminder that the issuance of Judgments, Decisions, actions and orders not consistent with the Rule of Law are subject to civil and criminal penalty, removal from the bench and disbarment. Further, such acts outside the scope of the Rule of Law shall be considered treason and may be prosecuted as such.

RULE OF JUDICIAL IMMUNITY ABROGATED

Judges were endowed with judicial immunity to prevent and avoid them from being harassed with baseless, retaliatory actions and litigation. In good faith, Judges were trusted to act honorably.

Instead, with severely limited consequences for behaving badly, Judges have been unable to restrain themselves as result of this “absolute power”

Therefore, as president I would seek legislation limiting Judicial immunity.

It is more important to protect 300 million rank and file Americans from corrupt Judges than it is to protect corrupt judges from citizens with legitimate grievances.

PRESUMED JOINT PHYSICAL CUSTODY OF CHILDREN

Judges often randomly and arbitrarily, deprive one parent of custody of the children.

As president I would begin a campaign to make Joint Physical Custody of Children the Presumptive finding unless clear and compelling evidence for not making such a finding is presented.

As President, this agenda item would be of paramount importance to me.

CHILD SUPPORT

If the parties can agree on child support and/or the method of payment of child support, they shall not be required to pay said child support through the Court system. (The Payer must keep accurate record of payments in the event of dispute. Records that the payee signs off on will be considered incontrovertible sans clear and convincing evidence of forgery.)

It is alleged that State Courts are getting a percentage of child support payments and matching federal grants for all child support payments that run through the Court.

Responsible Parents should not be forced to subsidize the system nor forced to jump through hoops by government.

As President, I would vigorously pursue this agenda item.

RIGHT OF MEANINGFUL VISITATION BY A PARENT WITH THEIR CHILD

All Custody cases shall provide for liberal, meaningful visitation unless there is good cause not to (or Joint Physical Custody is granted). All relevant custody decisions shall spell out the terms of visitation. No person, including court personnel, shall make disparaging comments about a parent to any child.

As president, I would vigorously pursue this agenda item.

FAMILY “SMALL CLAIMS” COURT

As President, I would advocate establishment of a less formal and less costly Family “small claims” Court.

Too often, Citizens cannot enforce their parental rights because the process is too complicated or too cost prohibitive.

This Court would only hear custody and visitation disputes, allegations of persons coaching or coercing children not honor the other parent’s visitation and allegations of persons disparaging any parent to the child.

RULES OF APPEAL

Three Strikes and you are out. Any judge who is overturned on appeal 3 times in 5 years shall be removed from the bench and disbarred. Judges so removed, can be reinstated to the BAR after two years upon taking a 1 year course in ethics and the rule of law, re-passing the BAR and by then petitioning the appropriate Senate or Supreme Court for reinstatement.

Upon being overturned on appeal, the District Judge so overturned shall owe the prevailing Appellant thrice the legal fees, research fees, printing costs and court fees of the original District Court Proceeding and the Appeal. The Judge may appeal to the appropriate Senate to have the penalty reduced from thrice actual fees to something less, but in no case less than the actual total cost of categories of legal expenses listed.

District Court Judges are making bad rulings betting that litigants cannot afford and are not skilled enough to appeal. This is not a situation consistent with fair, just and equitable adjudication of legal matters. There must be some consequence and accountability of Judges to prevent abuse of this reality.

As President I would spearhead a movement to address this source of injustice inflicted on WE THE PEOPLE.

PERFORMANCE RATING

There are complaints from citizens and judges alike that Citizens do not make informed decisions when voting for judges. This author contends that, at least in Minnesota, this lack of informed decisions by voters is the result of conscientious acts by the Minnesota Judiciary, Minnesota Board of Judicial Standards and Minnesota Lawyers Professional Responsibility Board.

To begin with, the two Boards do not release information about complaints filed against judges and Lawyers, unless they are sustained. The allegation being that no real investigation is done, but there is no way to know this for certain because there is no transparency of these two unconstitutionally formed governmental bodies.

As President I would push for a standard of performance evaluation for all judges.

The very first measure of performance I would pursue would simply be voluntary rating by litigants that appear before Judges. These would be divided into civil and criminal ratings. The Civil would be further divided into ratings by prevailing parties and losing parties. And Criminal would be divided between the State, those that were found guilty and those that were found not guilty.

Yes we know that the litigants losing their cases will likely rate their judge poorly, but over time a pattern would develop which allows voters and overseers of the judiciary large deviations from “normal”. With this knowledge, Citizens can make informed voting decisions.

Graphs of these results could be posted right at the polling places. Graphic deviations from normal would be easily identifiable to the voter and they could vote accordingly.

SIMULATED LITIGATION AND FACT SHAPING

The Judges have abandoned making judgments based on the Rule of Law applied to the impartially entered facts in evidence.

Using Simulated Litigation and Fact Shaping the results of Court cases are “fixed”.

The Judge telegraphs and/or otherwise communicates to the litigant’s attorneys what result the court desires. The lawyers then put facts in evidence or prevent facts from being put into evidence in such a matter to allow the judge to make their desired judgment. This duplicitous technique gives the fraudulent appearance that the judgment reached (which is the one the judge indicated they wanted) was based on the Rule of Law, when in fact the “facts in evidence” have been shaped and manipulated to allow that judgment. In effect the appearance of justice while being absolutely unjust.

As President, I would pursue legislation making Simulated Litigation and Fact Shaping much more difficult. Further, I would pursue legislation making these criminal acts, treason and punishable as such.

SUMMARY JUDGEMENT

Judges are supposed to be little more than referees and traffic controllers as the litigants present their cases to the jury. However, judges have found that juries can not be trusted to give the result the “powers that be” want. Thus has evolved a great expansion of “Summary Judgment”

Using simulated litigation and fact shaping, the lawyers only permit “facts in evidence” which will allow the judge to render summary judgment.

Then the Legal system further protects the lawyer of the adversely affected litigant from accountability by simply saying the litigant has forfeit all right to second guess their attorney’s decisions by retaining them… And then adding that lawyers have wide discretion in how they represent their clients. As potential litigants, each of us should be outraged that we get to pay an attorney hundreds or thousands of dollars to participate in what essentially is a rigged dog and pony show.

Besides the reforms affecting the judiciary discussed elsewhere in this article, as president I would bring legislation making it more difficult for litigation to be killed by Summary judgment.

To begin with the standard for granting summary judgment would be raised to “beyond a reasonable doubt”. Further, legal theory not known or plead and/or facts not entered into evidence but yet either not known to the appellant at the time of the decision, or known to the appellants attorney but not entered into the official evidence record, would be grounds for appeal.

JURY INSTRUCTION

Often cases are determined by the wording of the jury instructions. Each matter of law should have a standardized set of “jury Instructions” drawn up by the judiciary and approved by the House of Representatives. Any additional instructions the judge chooses to add shall be highlighted and grounds for undeniable appeal by any litigant to the matter.

All Juries shall be advised and instructed on their constitutional right to “jury nullification”

As President, I would push these reforms as part of my agenda.

Click here to read Part 2 of 3 -> http://exm.nr/zQZXJJ

In Closing,

Thank you, my fellow citizens, for taking your valuable time to read and reflect upon what is written here.

This article is written with the same intentions as Thomas Paine http://ushistory.org/paine. I seek no leadership role. I seek only to help the American People find their own way using their own “Common Sense” http://amzn.to/kbRuar

Keep Fighting the Good Fight!

Those were my thoughts.

In Liberty,

Don Mashak
The Cynical Patriot
http://twitter.com/dmashak