I write this in response to your oped piece "Why is injustice rampant in our democracy?" at https://www.opednews.com/articles/Why-is-injustice-rampant-i-by-Mark-Adams-JD-MBA-Aristocracy_Citizens_Democracy_Democracy-170720-8.html
The word Democracy means MOB RULE, where the minority always loses at the hands of the majority and the majority generally suffers from ignorance, stupidity, and other forms of irresponsibility, and constitute the group least fit to govern a nation or lead its people. Democracies throughout history have devolved into anarchy, then dictatorship and tyranny. "Democratic" means "pertaining to MOB RULE, and it suggests an exceedingly BAD form of government, a democracy.
Bouvier's 1856 law dictionary defines Democracy thusly:
"DEMOCRACY, government. That form of government in which the sovereign power is exercised by the people in a body, as was the practice in some of the states of Ancient Greece; the term representative democracy has been given to a republican government like that of the United States."Right. Some fools call the US government a representative democracy. That makes my point. Every student of history knows what happened to the democracy of ancient Greece. And people within US borders do not enjoy universal suffrage. Felons, aliens, children under 18, and those adjudged mentally incompetent may not register to vote or vote in any elections. So we do not have a democracy.
But Woodrow Wilson, in his WWI slogan "To keep the world safe for Democracy," helped to destroy the historical meaning of democracy and popularize it as a perversion in disguise. Well, why not? He was a socialist Democrat university professor before becoming President.
This messing with the meaning of Democracy has caused well-educated people like YOU to develop muddled thinking on the subject of Republic and Democracy characterized by your introductory remarks in the subject article you authored. There in that title you presumed a fact not in evidence by casting our government as a democracy, a nature it does not and never did have.
The Constitution of the US (CUSA) and all the states characterize the corresponding governments as REPUBLICS, and the CUSA mandates this in Article IV Section 4:
"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."By contrast with a Democracy, a Republic preserves the integrity of the affairs or rights of RESPONSIBLE citizenry having nexus to government. It does this through responsibly separating the powers of government into branches, through balancing those powers to prevent any branches from subsuming the authority of other branches, and through limiting suffrage to responsible citizens.
The 1928 Army Training Manual on Citizenship, TM 2000-25 elaborates on page 88:
The "blessings" which the citizen enjoys under our form of government are secured through "liberty under law," the enforcement of which is their only safeguard.The training manual goes on to compare the Democracy to the Republic:
The purpose of our Government is to protect (not to provide) the property of its citizens; to guard his person (not to provide his subsistence) while he acquires the means of livelihood; to give every citizen equal opportunity in his chosen work and assure him of equal standing before the law.
Our Government is the most nearly perfect of all in securing individual rights and insuring the blessings of liberty. In no other nation is equal opportunity and equal protection assured, with such equal division of reward for labor and services rendered.
117. The American philosophy of government.-The American philosophy of government emphasizes that-
(1) Individual rights are sacred and it is necessary to establish a government in the protection of these rights.
(2) All the powers of government are derived from the people, who retain the supreme authority over all delegated powers of government.
(3) Individual rights are not permitted to be exercised in the contravention of the rights of society. Individual liberty is always bounded by social obligations.
(4) Government is exercised for the purpose of protecting the individual in his rights.
(5) Governmental powers are delegated to the National, State, or local authority, and are limited in their exercise by provisions of the constitution as interpreted and defined by the Supreme Court.
(6) All rights not thus delegated are recognized as the inviolable right of the individual citizen and can not be usurped by any governmental power.
(7) The Government of the United States is not a democracy but a Republic.
Democracy:Clearly, the USA and the Several States are REPUBLICS, not democracies.
- A government of the masses.
- Authority derived through mass meeting or any other form of "direct" expression.
- Results in mobocracy.
- Attitude toward property is communistic - negating property rights,
- Attitude toward law is that the will of the majority shall regulate, whether it be based upon deliberation or governed by passion, prejudice, and impulse, without restraint or regard to consequences.
- Results in demagogism, license, agitation, discontent, anarchy.
- Authority is derived through the election by the people of public officials best fitted to represent them.
- Attitude toward property is respect for laws and individual rights, and a sensible economic procedure.
- Attitude toward law is the administration of justice in accord with fixed principles and established evidence, with a strict regard to consequences.
- A greater number of citizens and extent of territory may be brought within its compass.
- Avoids the dangerous extreme of either tyranny or mobocracy.
- Results in statesmanship, liberty, reason, justice, contentment, and progress.
- Is the " standard form " of government throughout the world.
To WHOM, then, does the CUSA refer with its numerous guarantees of rights to "the people?"
Axiomatically, the term "the people" in the US Constitution means RESPONSIBLE people who have a nexus to government. In the early days of our nation, only free white propertied men 21+ years of age could vote or hold public office. That restriction reasonably guaranteed responsible electors and government officers.
Since those early days, Democrats and other socialists have nearly destroyed the American republic by empowering ever more irresponsible people with undeserved and unwarranted suffrage under the myth that all men (and now women and children, welfare recipients, indigents, the abysmally stupid, and the utterly irresponsible) are created and stay equal, which, of course, they are not and do not.
Around a year ago I explained in some detail precisely why governments gutted petite and grand jury powers and destroyed the right of private prosecution of crimes. Read all about it here:
In summary thereof, I offer the following:
Prior to the Civil War, state constitutions like Florida's 1838 Constitution acknowledged the power of the Grand Jury to investigate all felonies and prevent wrongful prosecutions by government or private prosecutors, and the power of the Petite Jury to judge both law and fact of the case at issue.
At the end of the Civil War, the Caucasian men running governments of the US and several States apparently felt appalled at the notion that Legislatures had handed suffrage to ignorant, feckless Negroes, Mexicans, and non-tribal Amerindians. They knew that Negroes registered to vote could populate juries and prosecute crimes. So, they decided to strip powers away from associated quasi-government activities - petite and grand juries, and criminal prosecutions.
They reasoned that Americans could not trust Negroes to perform their jury/prosecution functions without using those functions as a platform to express hatred for Caucasians generally and against former overlords in particular. In other words, they believed no Negro jurors would indict or convict a fellow Negro and they would wrongfully convict people just for being Caucasian. And we now have proof of the soundness of their concern - the mixed-race jury refused to convict Negro O.J. Simpson, so he runs free to gloat over having gotten away with stabbing to death his Caucasian ex-wife Nicole Simpson and her Caucasian boyfriend Ron Goldman.
Since the civil war era's 15th Amendment guaranteeing that governments cannot deny suffrage on the basis of race, matters have worsened. The 19th Amendment prohibited denial of suffrage 0n the basis of sex (gender), so now WOMEN can vote and sit on juries. The 26th Amendment gave suffrage to CHILDREN age 18+. Most in those categories have little if any nexus to government or have more than a vague idea of what the Constitution provides or means. And everyone of any sense knows that a child's brain has not fully developed till age 25, so it is plain crazy to let people under 25 enjoy full suffrage.
THAT, Mark Adams, explains the sorry state of our government. Legislatures have foolishly handed suffrage to irresponsible people, so NATURALLY we have panderers and irresponsibles running government. And, NATURALLY nobody of good sense will trust irresponsible electors to wield unfettered jury and prosecution powers.
Through the murk of unwarranted suffrage sabotaging the American republics, it becomes clear... Somehow America's educators and parents have failed to imbue the people with an acute awareness that liberty comes ONLY at the cost of commensurate responsibility.
The solution, in order to restore jury powers and right of private prosecution, lies in first restoring sanity to our system of suffrage by eliminating irresponsibles from the electorate and the government by Constitutional amendment. The Amendment should require a minimum IQ and education, a high passing score on a comprehensive constitution competency test, financial self-sufficiency, and a history of demonstrable respect for law and the rights of others as prerequisites for swearing an oath to support the Constitution. Since one must swear that oath to register to vote or take government employment, those demonstrations of responsibility above will become a standard prerequisite for all who would enter the electorate or government service.
Meanwhile, please stop referring to our governments as democracies, lest you cause people like me to suffer a malevolent gas attack.
Thought you might like this article Mark wrote.
I liked the site he wrote to here also. Some great comments to read also.
If you have time , take a look!
God bless America.
Sent: Thursday, July 20, 2017 11:26 AM
To: Judicial Reform
Subject: Why is injustice rampant in our democracy?