Saturday, April 12, 2008

GOVERNMENT SERVANT LAW

It has come to pass, that it is common now for most parts of our Constitutional National Republic's government to have practices that seem to have "just evolved", without being checked for consistency, for not violating "laws of nature", (e.g. one state legislature made it a law that the math and science value of "pi" be forced to be 3 rather than its "known certifiable" true value of 3.14159..., so calculations would be simpler), and all too often "delegating their powers and responsibilities to others".

The worst offenders seem to be in Congress. They have created a huge structure called "Administrative Law", whereby much of the Executive and Judicial branches are allowed to make "their own laws", which are then "rubber stamped" by Congress, sometime with the "approving terms" that "these are just mild administrative rules, that said "branch' is the expert on", and sometimes with no words of justification at all.

My review of these is that they are not allowed in the Constitution as a granted "power or responsibility", so if they are to be allowed as "law" at all, it is to be done by the States or the people (My translation of the Constitution's word States includes all levels of a Republic's "States" down to the individual "citizen". I expect the "lawyer" vested interests to "counterattack".)

In all such "rubber stamped bodies of this Administrative Law", I find massive portions of self servant bureaucratic words whose only aim that I can see it to serve the interests of that bureaucracy or it's "slush funding" constituencies. This is government run amuck and is most definitely NON-CONSTITUTIONAL. It has resulted in the massive United States Codes, which I challenge any and all to "derive from Constitutionality".

The judiciary is no better! But because of it's smaller size, it appears not to be so damaging in its "Government Servant Law" structures. I disagree. There is no jury above a certain level in court cases, and in many "lower subsets of its laws", such as court due process, jury treatment and directions processes, hierarchical seating and pomp and ceremony within a court, Law by "no comment", which our "Supreme Court" uses to let a lower court decision stand, (How do we know they actually made such a ruling and it is not just a loss of paperwork, e.g. Amendment XXVII) and the already mentioned "wrongly assumed Power of Judicial Review" by the Judiciary.

The way this Constitutionality determination" works is that someone must have a "legal case', either civil or criminal, for which he pays considerable legal fees. That case must rather "willy nilly" work it's way up through the court system, the legal fees paid by the civilians, until it has made it, rather gratuitously to the level of being "possibly considered by a jury-less Supreme Court. This is too frivolous to be allowed to continue and puts an undue and random penalty on civilians for expenses.

In this context, I see our Congress, as duplicitously duplicational, which it need not be. Of its two arms only the House appears Democratic. So, lets do away with the Senate, take their office space and budgets and form an arm that determines Constitutionality, law of nature compliant and both frugal and efficient in its impact on our Commons, and let this body have the second vote on all bills/laws/referenda/etc., that the former Senate had. But lets not let it be a politician's den! Much detail remains to determine the details of just how to do this. But it seems to fill two needs simultaneously. So its good!

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