I do not say this as if to merit more persistence and participation by the majority in solving this problem. It cannot be solved by the majority “through political activism.” Politics is a scam perpetrated by the ruling oligarchs to control the means of productions through an aggressive scheme of excessive taxation and regulation. The majority has not and will not ever beat them at the game they control through the various institutions they created. You may slow them down a little at times, but the mass media, the major political parties, the central and major banks, Wall Street brokerage firms, most multinational corporations and the people that run them all end up, at sometime in their careers, with the knowledge and understanding that they themselves have been led down a path of political cronyism, colluding with other powerful individual, manipulated by the super rich that most of us never heard of. Some choose to stay the course but thankful to others bravery, some decide to tell their stories and how the system really works and the internet is helping to spread the truth. It cannot be solved by rebellion as they will pick up as they left off, as soon as the rebellion is over. It can only be solved through Judicial Activism. 

Alexis de Tocqueville visited the United States in 1831 and marveled at the social dynamism he saw, a by-product of the young republic's protection of the "law of equal liberty." He also warned that democratic politics runs the risk of creating a "tyranny of the majority," as voters use the electoral system to overrule their neighbors' property rights. Remember, taxes then were almost none existent, running the Federal Government off of luxury import taxes and regulations were also almost none existent, yet this nation prospered, under much less technological advancements.  

However, as we have experienced in the United States of America since 1831, the political system, with only three exceptions, has done exactly what Tocqueville said; “use the electoral system to overrule their neighbors' property rights”. Slavery was abolished, women regained suffrage without land ownership and the repeal of alcohol prohibition are the only real exceptions. From the Civil War on, the Judiciary has slowly and meticulously usurped most of the Inalienable Rights of the Citizens of this country and many people are not even aware of what rights have been lost.

If the Constitution would have protected all individual rights in the first place, none of these exceptions would have been needed. Making a slave ¾’s of an individual was a horrible solution to the compromise required to put the Republic together. In hindsight, perhaps we should have stayed with the Confederation of States, as Thomas Jefferson had recommended.

Of course the wealthy have always controlled politics and are therefore able to usurp their neighbors property rights to benefits themselves to a higher degree than the majority, who are hard at work trying to advance their own wealth and lives with little time to fight the real political battles. Thinking that your Congresspersons and Senators are looking out for the best interest of the majority instead of who contributes the most to their campaigns is one of the more naïve sentiments of the working class.

So the majority really never ends up being represented by anyone of significant influence and instead of protecting individual property rights, we have slowly usurped almost all the really important rights with only a few token ones remaining today.

Because people vote for what is in their own best interest and because often times they have not been given the knowledge, the best interest of the majority is never represented. People erroneously believe that while everyone is acting in their own best interest it will just equal out the system somehow and give us the desired results. The question that we must ask ourselves is; has that happened?  In just one hundred years we have gone for the largest creditor nation in the world, to the largest debtor nation in the world. We have gone form first in education to not even in the top twenty in the world. We are the 43 sickest nation in the world today, according to the world health organization.  We are the military bully of the world, supplying more arms to the world than any other nation. An unconscionable 232 million people have been killed by their own governments in the twentieth century alone, many using the various arms supplied by the major industrialized counties of the world, including the United States.

We’ve ignores sound economic principles of a balanced budget, the negative ramifications of excessive taxation and regulations, guns or butter doctrine with approximately 700 military bases, excluding those in the US, around the world, the Drug War, etc. These bad policies and others have caused the greatest concentration of wealth to go to the smallest percentage of people in U.S. history, according to a study by the Federal Reserve Bank of Minneapolis.

Who is it that controls the protection of Individual Rights; The Judiciary, and it is the political system that controls the Judiciary. From the first governments to the present one, all have used the judiciary to manipulate the rule of law in the favor of the ruling oligarchs.

He who controls the judiciary wins. Is it not about time the Citizens take back control of the Judiciary from the politically controlled oligarchy? The question then becomes, how do we do this? How do we stop the collusion between the super wealthy and the judiciary, a collusion that has occurred for the most part of 3,000 plus years?   

I have set up a website in which I have placed some of my ideas. Feel free to give the world some of your ideas. My basic ideas and precepts are:

1.   There are too few Judges making the most critical Constitutional decisions for a country of 325 million people and that any Constitutional determinations therefore must be made by a plurality vote of 50+1 by a minimum of 1,000 individual Judges.

2.   That the government via politicians or bureaucrats cannot have direct or indirect control over Judicial appointments or approvals.   

3.   That Judges must be selected at the municipal level through a system of apportionment based on the current 10 year census system.

4.   For each Constitutional issue, Judges would be randomly selected via a highly encrypted computer system, which they can either except or reject based on their availability, until the required number of Judges is obtained.  

5.   As part of the system there needs to be a forum for which Citizens have oversight over their Judiciary selections, allowing them to administer some form of recourse or punishment, such as firing them for poor decisions.

6.   That there cannot be any regulatory requirements other then Citizenship to be a Judge. It is up to the Citizens, as constituents at the local level to choose those that they want and believe can represent them as Judges. No BAR or Government requirements of Citizens.

7.   That there must be a merit system built into the system to promote both participation and quality of decisions and opinions by the Judges. That Judges would be paid a standard amount for participation as a Judge in a case. Those Judges which either write or co-write a winning decision would achieve extra points up and above those that vote for a winning decision so that those that achieve the greatest number of points over a specific period would get the various current Judicial positions, based on a formal, yet to be determined merit system. The idea is to promote those that participate the most help in writing the winning opinions and are in the majority the most with their final vote, based on total points system, achieve the higher Judicial positions as their tenures expire. No more life appointments my dear Judges.   

If you look at almost every major negative experience and consequence that this nation has had throughout its history, once could surely make a strong case, that if we would have had a truly good judicial system that many of the experiences would not have occurred. Today even the good attorneys, fear the tremendous power of a few Judges and the various BAR Associations in their controls. It is time for this to come to an end. 

If you have not thought of the potential ramifications that could result from actions of a great Judicial system, you might want to think about all the problems that would be cured by such a system, as better protections of individual rights and better justice were instituted. Please join us at http://rsjexperiment.wordpress.com