Court Reform – Are We Still A Free Country?
We are living in a generation where we are seeing the incremental stripping of the individual rights and liberties upon which America was founded. Self-government has always depended upon free and open courts, and the public view of justice. That is no longer the case. Today, the courts and access to justice are controlled by lawyers, and bar associations, and by the courts themselves. They control access to justice by commanding that the lawyer’s first duty is to the court itself, as “officers of the court.” Too often, lawyers whose first duty is to the individual are harassed, disciplined, bankrupted, or disbarred. These things need to be investigated and understood.
During this campaign, and on this site, I will discuss how these issues are matters of national importance. When individuals lose access to the courts, we lose the right of self-governance. I will make specific proposals for how to address these issues through the exercise of constitutional congressional powers.
I offer two admonitions to guide our thinking on these issues. In 1821, Thomas Jefferson said the following:
The germ of destruction of our nation is in the power of the judiciary, an irresponsible body – working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated.
And in Federalist 17, Alexander Hamilton said:
… the ordinary administration of criminal and civil justice … is the most powerful, most universal, and most attractive source of popular obedience and attachment. It is that which, being the immediate and visible guardian of life and property, having its benefits and its terrors in constant activity before the public eye, regulating all those personal interests and familiar concerns to which the sensibility of individuals is more immediately awake, contributes, more than any other circumstance, to impressing upon the minds of the people, affection, esteem, and reverence towards the government.
I believe my experience has given me a unique insight into these matters, and their truthfulness and aptness to our current political and cultural climate. These are matters of high public importance that must be addressed. The mass media, however, for institutional reasons, does not cover these matters, and the judiciary has largely excised itself from the checks and balances of the other branches. They are very important political issues, and I will address these maters extensively as a candidate for the United States Congress, and as your Congressman.