Every Citizen of the United States of America is aware that we have a Constitution. A few may even be able to tell you exactly what it says, and a small percentage probably have a general idea what it means to each Citizen as far as Rights are concerned truth is, “The Majority” doesn’t have a clue what ANY of the U.S. Constitution actually says … most U.S. Citizens know less about their Bill of Rights than the average foreign citizen who wants to migrate to the U.S. This is the reason why it has been so easy for corrupt Government officials to erode the Bill of Rights and VIOLATE the Constitution with imputy.
Criminal acts are easy to commit openly when almost no one knows what is being done is a criminal act. Betrayal of The People’s Trust and outright treason is simple to get away with when a blindly trusting Citizenry is ignorant of what their own Constitution actually says and means. This is why the Founder Thomas Jefferson said, “though we must have Government, we must watch it like a hawk!”
The Eleventh Amendment of the U.S. Constitution is one of the briefest and simplest worded Amendments. It says:
“The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another state, or by Citizens or Subjects of any foreign state.” (emphasis added)
We can readily and accurately paraphrase to simplify even further so even a Child can understand:
‘The Federal Courts of the United States have no authority to hear any lawsuit filed against one of the United States by Citizens of some other State or foreign Nation.’
Even a person with the most basic understanding of the English language has no trouble grasping the meaning of the 11th Amendment. Simply put, it prohibits Federal Courts and/or Judges in the U.S. from hearing lawsuits filed against a State by any person who is not a Citizen of THAT State. [I.e. a Citizen of Texas cannot file a lawsuit against the State of Oklahoma in Federal Court, or a Citizen of Germany cannot file a lawsuit against the State of Texas in a U.S. Federal Court, because the 11th Amendment says Federal Courts do not have jurisdiction to hear such cases.] However … the 11th Amendment says absolutely NOTHING that can be even remotely construed to mean a Citizen cannot sue their OWN State and/or Government officials in the U.S. Federal Courts. Such is the clarity and simplicity of the 11th Amendment’s language.
Nonetheless, despite the simple language, in its power-hoarding corruption, the United States Supreme Court long ago, in outrageous self-aggrandizement, “interpreted” the 11th Amendment to mean Courts/Judges are granted “Absolute Immunity” against any and all lawsuits!!! Such “Absolute Immunity” was later extended to such a ludicrous degree of perfidy, that even an obviously corrupt Judge proven to have committed wanton and malicious violations of a Citizen’s Rights during the course of a “judicial proceeding,” no matter how clear the violation of Law such may be, the Citizen CAN NOT sue said Judge because the Judge is protected by the11th Amendment’s judicially FABRICATED Absolute Immunity!!!
Using this far-fetched interpretation (which is really nothing more and nothing less than a judicially imposed and totally different/arbitrary meaning than what the 11th Amendment actually says), the Judges effectively placed themselves outside and above the Law and U.S. Constitution; and, substantively and effectively denied Citizens any means for obtaining redress and/or compensation for their legitimate grievances against Judges for violations of Legal/Constitutional Rights!!!
Afterwards, over the next several Decades, the Supreme Court Justices established “Judicial Counsels” to which an aggrieved Citizen may submit their grievances about “Judicial misconduct, but there are two very serious problems with this system:
Such a Counsel does NOT provide for any form of compensation for the Citizen whose Rights were violated EVEN when such resulted in significant damages and/or losses; and,
Such “Counsel,” being composed of other Judges, cannot possibly be construed as a “fair and impartial” panel.
A panel of Judges hearing a complaint against a fellow Judge is no less ludicrous than a panel of thieves hearing a complaint against a fellow thief … no less biased in favor of the accused than would be a panel of rapists hearing a complaint against an accused rapist! When a Jury is impaneled to hear ANY criminal OR civil trial, a great deal of trouble is gone to for the purpose of insuring NONE of the Jurors (nor the Judge) is a Family member, Friend or Associate of the accused; nor do we choose Jurors from amongst convicts, prisoners or parolees. We vigorously exclude any person who may be remotely biased in favor of either Party (defendant or prosecutor): so why do The People ALLOW Judges on “Judicial Councils” to be the sole examiners and jury over complaints filed against their fellow Judges?
After “Absolute Immunity” for Judges had been FABRICATED and in place for some time WITHOUT Public outrage being heard, this self-aggrandizing doctrine was further expanded and extended to shield ALL official Trial participants. Neither prosecutors; State investigators; witnesses; nor even Court Appointed/Retained Attorney for the Defense can ever be sued as long as they enjoy Absolute Immunity as fabricated and expanded by the U.S. Supreme Court. (A criminal/civil Trial is the ONLY place someone can commit Slander and NOT have to worry about being sued by the injured Citizen whose reputation is ruined.) Even a Prosecutor who knowingly fabricates evidence to obtain a criminal conviction and send an innocent Citizen to prison can NOT be sued by the Citizen wrongfully convicted, because such corrupt prosecutor is still a “State Employee/Officer” who is shielded by the “Absolute Immunity Doctrine” created by Judicial Edict in total disregard of the 11th Amendment’s plain language. Published Case Law can easily be found in abundance where some corrupt prosecutor or another knowingly suppressed evidence favorable to an accused Citizen; where the prosecutor intentionally fabricates damaging evidence to obtain a false conviction; yet, not one of those dishonorable and disintegritious prosecutors could be sued by the Victims of their wrong-doing, because the dishonorable and disintegritious Judges created the Absolute Immunity Doctrine TO EMPOWER THE POLICE STATE in its beginning stages.
Shortly after Absolute Immunity was extended to Trial Officials and Witnesses in defiance of the U.S. Constitution AND the Spirit of the Common Law, and when there was still no protest of outrage voiced by The Majority, Judges AGAIN expanded the Absolute Immunity Doctrine to shield EVERY State/Government Agent “acting in their official capacity.” Be it a member of Congress or minor City Official, a FBI Agent or a local deputy from a small community, or a trash collector employed by the City Government; and, gave them complete freedom to disregard Citizens’ Constitutional Rights without fear of being sued. ALL a “State Official/Employee” need do to avoid Justice after they maliciously violate a Citizen’s Rights is to (falsely) swear before a Court that, “but I didn’t mean to violate his/her Rights!” [It should be noted: “negligence” is NOT an affirmative defense in ANY other Trial, civil or criminal, prosecuted against the average Citizen. It is ONLY available to Federal/State Officials/Employees acting “under color of Law” in their official capacity/position, even while abusing their official powers and under the umbrella protection of the judicially fabricated Absolute Immunity Doctrine.]
Immunity in any form which places an official, institution or Government body above the Law, and renders them unanswerable to their victims, ENCOURAGES further transgressions and ENABLES abuse, sadistry, oppression and corruption in Government!!! The profoundly egregious FACT about all this is; the 11th Amendment clearly does NOT create, embody nor extend ANY form of “immunity” for any person or governmental entity. BOTH the simple language AND the historic context of our Nation makes this clear.
The Language is self-evident, it obviously applies and is limited to lawsuits filed against a State (&/or its officials) by individuals/governments which are NOT Citizens of the State being sued. NOTHING, not one word of the 11th Amendment can be even remotely deemed by any sane and intelligent person as prohibiting a U.S. Court from hearing a lawsuit filed against a State by a Citizen of that same State! Certainly no rational person could remotely construe the language thereof as affording anyone/everyone the kind of all-encompassing “Absolute Immunity” the Judiciary has FABRICATED for itself and “The State,” nor even “Qualified Immunity” for that matter.
Clearly this “Absolute Immunity Doctrine” HAS been fabricated SOLELY in the minds of the self-aggrandizing and self-serving Judges wishing to elevate themselves to the status of demigods who are above the Constitution and Common Law; and, who seek to empower a Police State wherein no Citizen has any meaningful redress for grievances against some Government Official or Employee. [Some Judges, in an attempt to shamelessly justify their perfidy, have postulated that a person suing their OWN State or Nation would be synonymous with suing themself, hence, cannot be done!!! Such is a purely ASSININE postulate, however. A person who sues his/her OWN State would be more analogous to some heir suing the Estate of his Ancestor … or even the Benefactor of a Trust Fund suing the Trustees to obtain a larger annuity payment. Such litigation is standard fare in the Court System.]
The History and circumstances under which the United States of Americas was founded are even more instructive if not quite as readily obvious.
Prior to the Declaration of Independence being written, the Founders of this Nation had repeatedly tried to petition King George III for redress and compensation for their grievances against “The Crown,” his Nobles and Officers in The Royal Army who had violated Colonists’ civil, property and Human Rights. At great personal expense and effort, Benjamin Franklin and others sailed to England repeatedly to plead their case before King George III (i.e. the Governmental ‘Court’). HOWEVER, King George deemed “The Crown” (i.e. himself) to be above the Law, because all Laws came by his edict; and, he blatantly refused to hear any petition or complaint against his Nobles and/or Military Officers … King George III gave himself and his Government’s Officials Absolute Immunity from any and all legal actions against them by the Colonists!!!
The Founders of the U.S. of A. were, therefore, extremely intimately familure with the frustrations which arose when the Citizenry could NOT obtain redress for grievances against their OWN Government … PERSONALLY familure with the inherent tyranny such “Absolute Immunity Doctrine” engendered when allowed to shield corrupt officials from having to answer for the wrongs committed against the Citizens subject to their Powers. When the Declaration of Independence was written and published to the World, the signers thereof had specifically included a statement that they could not get a fair hearing and/or redress from King George III and/or his Governors in the Colonies, hence, they sought a Judgment against King George from “the Court of Public opinion” in the Forum of the World’s Citizenry and Governments.
To even suggest, therefore, that the early Government of the United States of America which authored the 11th Amendment for The People to ratify, or those Citizens who did ratify it, intended it to create ANY form of “immunity” for ANY officer of their OWN newly formed Government, is utterly insane!!! One as well asserts the Victim of a brutal rape would vote to extend immunity to other rapist who might rape her in the Future! The Supreme Court’s judicially fabricated “Absolute Immunity Doctrine” IS AN AFFRONT TO the Principles and Spirit of the 11th Amendment and our Nation’s Constitution!!!
The circumstances of our Nation’s beginning and rebellion against King George III’s tyranny clearly and unequivocally demonstrates the Framers’ of the 11th Amendment would instead want to insure Citizens of these United States would ALWAYS be able to sue their OWN Government/State in the higher Federal Courts. Certainly they would NEVER have adopted ANY Law or Amendment which was intended to create the same type of Absolute Immunity that King George III had unfairly imposed for himself, his Nobles and Military Officers. Nor would the Founding Fathers have intended ANY PART OF the Constitution as placing our Government, States’ or Federal, and their Officers/Employees above the Constitution and Common Law as had been the case under the Monarchy of King George III!
The sole purpose of the 11th Amendment is and was to insure the respective States must pay due respect to one another’s sovereignty; that the Federal Courts could not be used by Citizens of one State to bypass and/or circumvent the Laws of another State for personal gain. The 11th Amendment is NOT intended to establish ANY form of “immunity,” but is merely to establish jurisdictional limitations upon the Federal Courts.
The 11th Amendment applies solely to INTERstate litigation, and has NOTHING to do with INTRAstate and/or INTRAnational litigation wherein a Citizen has sued THEIR OWN State and/or Nation and/or the Officials thereof!
There is a HUGE difference between a Court/Judge interpreting the Law/Constitution as it is plainly written, and such a Court/Judge expanding/rewriting the Law in self-serving and self-aggrandizing manner beyond all reasonable bounds of rational interpretation.
For far too long the Supreme Court has gone unchecked by The People; and, in NOT regulating this Branch of our Government, WE THE PEOPLE have enabled the corruption of EVERY Branch of our Government to be planted, nurtured and spread like some insidious, pustulant infection until the ENTIRE body of Government from top to bottom and every Office in between has become corrupted beyond any hope of redemption! WE THE PEOPLE have only ourselves blame, for we did not heed Thomas Jefferson’s warning;
“We must have government, but we must watch it like a hawk!!!”
WE failed to keep vigilance; WE allowed those generations of Judges to impose their personal preferences, philosophies and doctrines upon our Constitution and to circumvent the express wishes of THE PEOPLE as evidenced by the Acts adopted by our elected Congress and signed into Law by the President. ALLOWED the Supreme Court’s and lower Courts’ Judges to subvert OTHER Branches of Government through the “Absolute Immunity Doctrine” until NOT ONE Governmental Branch, Agency or Department dares challenge such UNCONSTITUTIONAL doctrine lest they lose their shield of protection behind which THEIR OWN perfidious conduct is securely practiced.
I have personally had POLICE STATE OFFICIALS tell me with audacious certainty, “the Supreme Court of the United States is the HIGHEST Law and Authority in the United States!” Incredibly, they expected that I, and intelligent and educated Citizen, would ever believe such a BLATENT LIE!!! Police State Officials USE such lies to deceive UNEDUCATED Citizens who do not know their own Constitution. These CORRUPT officials, who rely on Absolute Immunity Doctrine to shield their wrongful conduct from Justice, strive to strengthen the Police State with assistance from these Court-fabricated psuedoLaws, and neither Congress nor the Presidents object, because they don’t want the Supreme Court nullifying THEIR “Absolute Immunity!”
Here know Truth, Citizens: under our Constitution, the U.S. Supreme Court’s powers and authority is extremely limited. It is but 1/3 of the REPRESENTATIVE Government established to SERVE the Citizenry.
Yes!!! The People themselves are the Highest Government Authority in the United States of America. “A Government of The People, by The People, and for The People” in a Democratic Republic is the basis, foundation and spirit of ALL Government in this Nation. THE PEOPLE, through the united voice of the Majority, has the authority and power under our Constitution to overrule and reject ANY decision made by the U.S. Supreme Court, or to demand the Supreme Court or any Judge be permanently removed from the Bench and stripped of his/her Title. Any petit jury has the power, likewise, to find a Law is unconstitutionally applied upon evidence of such being presented to them of such. Of course, neither the State nor the Judges want anyone to KNOW this, because it puts THEM in their PROPER place! What is their “proper place?”
ALL Government Officials, including Judges, are SERVANTS of The People. Their positions, whether elected, appointed or employed, are positions of Stewardship and/or Representation granted at The People’s forbearance.
Government has presumed to watch and regulate The People under their fabricated shield of “Absolute Immunity,” however, our Constitution mandates it is The People who regulate and watch the Government!!! The People who tell Government what Powers and/or Authority and/or Immunities it may exercise and/or enjoy at the discretionary Will of The People’s Majority. Today, the Courts, Legislatures and Executives have forgotten (or don’t care) they are SERVANTS. So they BETRAY The People’s Trust and wallow in their bloated and corrupt Bureaucracy!
How long shall The People play ostrich with their collective head in the sand of ignorance and denial?
How long shall the Citizenry sit in ignorance of their own Constitutional and fullness of the Bill of Rights?
The “Big Brother” of George Orwell’s novel 1984 looms above us today, and these United States of America are on the threshold of a full Police State wherein individuals’ Rights are as tenuous and superficial as a wisp of smoke in a Winter’s breeze. ‘Big Brother’ believes The People are ignorant fools easily deceived and placated by FALSE opulence surrounded by cheap, Unenduring goods; that The People are blind to the Reality around them as many of their fellow Citizens are falling beneath the hob-nailed boots of the American Police Nation State’s storm troopers and bureaucracy simply because they are suspected of challenging the Police State’s right to exist.
I do NOT believe my fellow Americans are as ignorant or foolish as Big Brother/Nanny State Government wishes to believe You are. I believe that when You ARE shown Truth, You will recognize it for what it is and act to preserve YOUR Rights, that You will cleanse our Government of the deeply entrenched corruption. BUT HOW???
FIRST, we have to remove every taint of corruption. That means EVERYONE presently in Office MUST be replaced, because EVERY Official presently holding Office, be it a Judge, Congressman, President, Appointee … ANYONE and EVERYONE presently holding ANY Office is a part of the problem. Either they are blatently corrupt, or they have turned a blind eye to the wrongs their Peers have committed (which makes them conspirators); and, the newest members of the Executive, Legislative and Judicial Branches of Government, rather than denounce and expose the perfidious conduct of the standing members, have allowed themselves to be swept into the status quo. So the ONLY cure for official corruption, short of armed Rebellion, is for The People of these United States of America to VOTE OUT of office EVERY present office holder, and to REPLACE THEM with Citizens who have NEVER been a part of any corrupt Government before. Remove the Judges and strip them of their Titles for betrayal of The People’s trust and for FABRICATION of Immunities they neither deserve nor had authority to create. Keep The System, for that is our “Baby,” but throw out the filthy “bath water” that is the present Government Officials. Then …
Hold a Constitutional Convention and revise the Constitution to make it worthy of a 21st Century Society. Remove the loopholes that enabled corruption to so easily saturated our present Government; strengthen The People’s Powers to keep oversight and regulation of Government’s powers in the hands of The People; and, INCREASE The People’s access to Government Records, Congressional Hearings (especially Committee and Sub-Committee hearings that presently take place secretly behind closed doors); and, ELIMINATE the discretionary powers of Officials which make Government so difficult to monitor and/or keep under control by The People’s Majority.
We The People have a choice:
We can allow the Status Quo to run on as WE founder in the Darkness of ignorance and false security in materialistic focus while the Police State securely entrenches itself under the pork-barrel-bloated excessive Bureaucracy full of corruption; or,
Compel a cleansing through The People’s power and restore the Democracy in a Republican form of Government composed of NEW faced Officials who have NOT been tainted with corruption, and who will SERVE The People (rather than themselves) under a stronger and better Constitution while our Nation again grows economically sound under their faithful Stewardship.
Is it really even necessary to think about the choice most beneficial and rewarding for The People and the Nation???
“Absolute Immunity” necessarily engenders Absolute Power, because ANYONE upon whom absolute immunity is bestowed has ONLY THEMSELVES to answer to; and, as the wise Proverb says: “Absolute Power corrupts Absolutely.” The Christian Bible, at 1 Corinthians 11:13 says:
” (…) for if we would judge ourselves, we would not be judged.”
Absolute Immunity extends Absolute Power, and Absolute Power corrupts absolutely …
THE PEOPLE must neither tolerate, nor allow to continue, this nefarious doctrine of “Absolute Immunity.” Neither Judges, nor any other Public Servant, should be allowed to “judge themselves,” but should be called before The People’s Tribunals to answer for violations of a Citizen’s Constitutional/Human Rights and/or the betrayal of The People’s Trust. NO MORE “Judicial Council” review of a Citizen’s complaints on a Judge … NO MORE Congressional “closed door” meetings/hearings on matters of common Legislation and/or hearings on wrongs committed by fellow members of Congress … NO MORE IMMUNITY for State/National Officials and/or Agencies that violate neither a Citizen’s Rights nor The Societal Rights of The People. Let the Constitution’s TRUE meaning and spirit rise and stand supreme; and, let the Common Law require the corrupt and perfidious Officials stand to answer for their misdeeds AS DOES ANY OTHER CITIZEN!!!
In Patriotism & THE LIGHT OF TRUTH, J. Logan Diez the Pen Dragon