Authored by William Robert Barber
The basis of justice in this nation of ours is premised on many constitutional principles. To mention a few: America is a nation of law(s) not of man, justice is blind, and under its jurisprudence all men are of equal standing. Well, that is until the officers of the court start manipulating the system and facilitating the process. It does not take but one instance of experience to realize that one’s legal standing have more to do with cash-on-hand then the righteousness of any prosecution or defense. Within the span of one legal defense one will swiftly learn that because of the cost associated with winning an unjustified lawsuit winning still means losing.
There is a distinction between the law as written and the law as practiced. In other words, the process has more to do with the outcome then the founding premises of lawfulness. It is not the government that imposes the rules and procedures upon the process. It is the attorneys, the practitioners of the process, those who charge fees to represent the interest of clients; these legally compliant corrupters, these bright graduates of law schools are the manipulative distorters of the law’s original intent.
For the most part the U. S. Constitution was anvil fired on the working-hypothesis that the people need to be protected from the government. Thus, in the interest of such protection, the government’s operational wherewithal should be limited. Unto fore, the elected gathered in 1787 to create a more perfect union; two years later per the process of ratification and the insistence of including the first ten amendments, the constitution was established. Flaws to this founding document were inherent; the particulars of such flaws were illustrated in its exceptions and exclusions; however, the document did allow for the process of amendments, as well as, the means to convene another constitutional convention. Flexibility was built in. And regretfully, in the interest of flexibility, an allowance for interpretation was a contingent liability with unforeseeable consequences.
Protection from the government is all well and good. However, it matters little if the focus of protecting the people is centered on the government; when the culprit that the people need protection from is in fact attorneys. Attorneys that by sheer numbers inundate congress, they sit on every important committee, as staff attorneys they write the laws and as colleagues they insert, rescind, delete, include, distort, misinform, lie, dilute, and willfully compromise the significant into the meaningless. But attorneys do agree, in the interest of self, on the opaque and ambiguous versus the transparent and apparent. They have esteem for the process. Be it the process of discovery, filings, opinions, court appearances and discourse, it is the process that attorneys worship.
It seems the only counter to this affront to sensibility and lawfulness is other attorneys. Per thousands of years of litigation, legal contesting, and extralegal contrivances it is obvious that fighting attorneys with attorneys, though very expensive, is the only defense as well as offense.
Of course the people could insist that half the law schools be closed; of course attorneys would love that billing hours would definitely increase. So maybe a referendum that bands attorneys from holding public office…hmm; surely, the courts would nullify that, after all what are judges but former practicing attorneys.
The distance between fair and just is filled with attorneys. They are and will continue to destroy the ordinary meaning of fair and just; they will use the process as the hammer and common ignorance as the anvil. The beating by the hammer on the meaningfulness of liberty, individualism, personal responsibility, and general freedoms will result in the shape of a pervasive abatement of America’s tradition of character, virtue, and values. It is not the government; it is the attorneys that we layperson’s need protection from…