Most Americans feel our current justice system is unjust and does not meet the needs of the American people. James Madison once said that if people were angels, we would have no use for law. But we live in an imperfect world, and evil exists. So, a justice system protects its citizens from people who will do them harm. But what is a justice system, why is it needed, and what should we expect it to do? These are important questions that must be answered in order to fix it.
AN EXPLANATION OF JUSTICE AND JUSTICE SYSTEMS
Justice is a critical and necessary aspect of all fairly functioning communities. It is the process for maintaining righteousness, equitableness, and morality within a society, and it serves as a balancing force between the collective security and the liberty of individuals. It consists of laws, law enforcement, courts, and consequences for violations. In order to be effective, all members are expected to pledge allegiance to the traditions and laws of that society. A Justice system ensures people receive the justice they deserve, and must be a deterrent to others who may be considering similar transgressions. Justice systems are uniquely designed for the culture of each society.
The American Justice system has extremely deep roots in the western justice tradition and philosophy and derives its mission and authority from the U.S. Constitution. The most important responsibility of America’s federal government is to secure the rights and freedoms of individual citizens. This includes defensive activities such as maintaining national military and local police forces for protection against loss of life, property, and liberty at the hands of foreign despots or domestic criminals. Throughout our history Americans have taken steps to promote justice and create a fairer and more compassionate society. These steps included a welfare system for the truly needy and assistance programs to help citizens achieve their God-given potential.
America’s justice system is expected to safeguard the rights of the American people as documented in the Bill of Rights which are the first ten amendments of the Constitution. It must also ensure overall adherence to the Constitution, which is the contract between “We the People” and the representatives we select to govern us.
|1st||Freedom of Religion, Speech, and the Press||Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.|
|2nd||The Right to Bear Arms||A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.|
|3rd||The Housing of Soldiers||No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.|
|4th||Protection from Unreasonable Searches and Seizures||The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.|
|5th||Protection of Rights to Life, Liberty, and Property||No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.|
|6th||Rights of Accused Persons in Criminal Cases||In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.|
|7th||Rights in Civil Cases||In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common law.|
|8th||Excessive Bail, Fines, and Punishments Forbidden||Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.|
|9th||Other Rights Kept by the People||The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.|
|10th||Undelegated Powers Kept by the States and the People||The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.|
THE ROOTS OF WESTERN JUSTICE SYSTEMS
One of the earliest remnants of justice is the Code of Hammurabi, enacted by the sixth Babylonian king, Hammurabi, in about 1754 BC. It is one of the oldest deciphered writings of significant length in the world and was the Babylonian code of law of ancient Mesopotamia. Consisting of a collection of 282 rules, it established standards for commercial interactions and set fines and punishments to meet the requirements of justice.
Early theories of western justice were defined by the Ancient Greek philosophers, most notably Plato in his work The Republic, and Aristotle in his Nicomachean Ethics. Another artifact of justice was the Magna Carta of 1215, which was a system of documented laws and individual rights drawn up by English barons and church leaders to limit the king’s power. It was forced upon the tyrannical King John.
During the Age of Enlightenment, around the 17th century, philosophers such as John Locke contributed much to the theory of justice and the evolution of English Common Law. Locke promoted the concepts of natural rights and natural law wherein the rights of man are given by God and should not be interfered with by man.
The first settlers adopted the criminal justice system of English common law. The laws of the early colonies remained intact until the American Revolution. At that time, William Penn embraced the need for more humane practices, including reasonable housing for criminals. After the American Revolution, the U.S. Constitution ensured equal rights and freedoms to all people. Through the Bill of Rights, innocent people received greater protections and physical punishment was eliminated in some jurisdictions. Under the Theodore Roosevelt administration, major law enforcement agencies, such as the FBI, were created. During the 1960s and 1970s there was a growth of turbulence including war protests, race riots, heavy drug use and crime, which led to a “get tough on crime” mentality.
While America’s justice system has evolved in many positive ways, this evolution does not always adhere to our Constitution and our citizens are no longer ensured of equal protection under the law. America is being seriously threatened by enemies both foreign and domestic. So, where did it go wrong?
ENEMIES OF JUSTICE
A. Social Justice – A variation in our attitude about Justice
In the 20th century, an expanded variation of “Justice” called “Social Justice” became widely accepted in America and throughout much of the world. This concept also has its roots in the philosophic discussions during the 17th century Age of Enlightenment, but it was promoted by a Genevan, Jean-Jacques Rousseau. Rousseau believed that the “General Will” of the collective community needed to take precedence over the “Individual Will” of each person. Over time, the concept of Social Justice grew in popularity and the role of government and the systems of justice took on added dimensions.
These added dimensions did not strengthen Western justice systems or make them better. That is because the principles of social justice do not supplement the principles of justice, but instead conflict with them. In fact, the concept of social justice might be an admirable goal, but, in the truest sense of the word, should not be considered justice.
As with all theories and philosophies, Social Justice evolves over time, is open to debate, and is ardently defended by the people who believe in it. The optimal resource to gain a clear understanding of this philosophy is the United Nations’ publication entitled “Social Justice in an Open World.” This document can be downloaded for free from the internet. Below is a brief summary.
The introduction begins by defining the concerns that Social Justice is intended to address. It describes the rise of inequality throughout the world. Most notably is the ownership of capital and the gap between the richest and poorest countries. It refers to the United Nations Universal Declaration of Human Rights as the framework for resolving this imbalance.
It states that, unlike justice, social justice is a relatively recent concept born of the struggles surrounding the industrial revolution and the advent of socialists. Most of its adherents believe in the collective welfare of society. It admits that believers in an absolute truth, identified with virtue and justice, are neither willing nor desirable companions for the defenders of social justice.
Using the motto that “Morally, all injustices are unacceptable,” the United Nations is justifying a series of concepts aimed at achieving greater equality. These concepts include eliminating all forms of discrimination and achieving economic justice. Actions to realize economic justice include redistribution of income, progressive taxes, financial and other forms of assistance, and controlling markets.
The Social Justice in an Open World states that “Social justice is not possible without strong and coherent redistributive policies conceived and implemented by public agencies. A fair, efficient and progressive taxation system, alluded to in Commitment 9 of the Copenhagen Declaration on Social Development allows a state to perform its duties”.
The negative aspects of Social Justice include:
- “Social Justice” uses the term “Justice,” however Social Justice does not adhere to the traditional definition of “Justice.”
- The actions encouraged to achieve Social Justice (Equality) require agencies to violate the justice principle of Liberty (protection of individual rights).
- The goals of equality of people and nations do not consider human nature (natural inequalities, personal aspirations and immorality) and therefore are impossible to achieve. But when attempted, they can only be achieved through force by agencies.
- Social Justice actions are in violation of the U.S. Constitution unless activist interruptions are employed.
- Instead of achieving a fairer, more equal world using Social Justice principles, it creates more envy and resentment than it promotes positive aspects of human nature (love, compassion and the need for meaning).
- This conflict in ideologies between Justice and Social Justice influences who we admire and follow, which is the cause of America’s unhealthy hyper-partisan environment.
B. Bias in America’s Justice System
Social Justice has flipped the world upside down. It has created unimaginable confusion about what is just and admirable and what is unjust and abhorrent. Meritocracy is discouraged and activism is encouraged. Looting is accepted, while disagreeing with a social cause is offensive and could cost you your life. With all its goals, social justice makes the world extremely complex and incentivizes more dependence, unfairness and immoral or unethical actions. It also facilitates increasing power, wealth, and prestige in ways that add little tangible value to a fairer and more prosperous world. Americans who work in the Justice Department are just as confused about the difference between Justice and Social Justice as are average citizens.
For centuries America’s Justice System has been viewed as the fairest in the world the world. It guaranteed equal justice for all and attracted immigrants from all parts of the world. These core values were illustrated in America’s Lady of Justice statue. The blindfold covering her eyes represented objectivity. This means that American justice is unbiased. When you are blind, you cannot see a person’s identity, beauty, wealth, power, race, etc. But if the blindfold is removed, justice is no longer fair and equal to all citizens.
America’s court systems were designed to treat all cases the same and apply laws to all people equally. Law enforcement would be impartial about what laws to enforce and whom to prosecute. When defendants and circumstances of the crime were presented to the court, each side would be entitled to representation, and there would be a jury of peers. If found guilty, the judge would consider aggravating and mitigating factors before sentencing. Anyone watching America’s justice system today will acknowledge that it is no longer objective.
The differing views of ideologies cause drastically different views of morality and core values. These unconscious biases cause significantly different opinions of the motives or worthiness of defendants. Minor decisions made throughout the trial will have significant differences in the outcome, the analysis of aggravating and mitigating factors, and the sentencing. In the end, corrupt politicians and white-collar criminals may not be prosecuted and minor offenses may receive harsh punishments.
C. Legal Loopholes
It’s illegal for thee, but not for me! Having an in-depth understanding of the legal system is critical in the path to personal wealth and power. American laws are extremely detailed and complex and have been written by people with a vested interest. Every day we learn more news about appalling actions taken by politicians to acquire wealth. But the justice system does not take any legal action against these politicians. Many times, it’s because of political connections, but often is because of brilliant lawyers, who understand where illegality ends and just unethical remains. Often these unethical behaviors are cloaked with admirable missions. Why were the Clinton Foundation, the Obama Foundation and the Biden Foundations established?
D. Weaponization of the Justice System
The confusion about the concept of Justice and the bias within our government and justice system has placed America in an extremely vulnerable position. Policies such as defunding the police, gun controls, restrictions on free speech, diminishing the influence of religion, a biased media, indoctrination in education, fraud in elections, excessive spending, and the rise of identity politics are all contributing to America’s decline. Anyone who has visited the Holocaust Museum in Washington DC, quickly realizes that these are the same tactics used in the early years of Nazi Germany. A principled and unbiased justice system is the best and last safeguard we have against a totalitarian form of government.
Abraham Lincoln said “America will never be destroyed from the outside. If we lose our freedoms it will be because we have destroyed ourselves from within.” America currently has the strongest and most lethal military in the world. The American people know this, and so do our adversaries. As a result, the strategy and tactics of our enemies, especially China, is to weaken us from within by increasing influence and control in American politics. This is a slow process and occurs bit by bit over time. Evidence that this has been occurring is apparent to those who have been observing it.
E. Politicians as a Protected Class within Society
There are many examples of how our Justice System has been weakened or used as a weapon against political enemies or people who speak out against political correctness. There is now a special prosecutor, John Durham, investigating the 2016 abuses by the Justice Department of the Trump campaign and administration. And while it is yet to be proven, the 2020 election showed results that resembled results of third-world authoritarian governments. While many are applauding the results of the election, every American should be terribly concerned about the methods used and the failure to investigate it by the Justice Department and the courts.
There are also many examples of politicians who have been involved in global corruption. Books have been written about the corruption of the Clinton Foundation, the illegal actions by Hillary Clinton to cover up her activities, and the special treatment she received from the justice department. The more recent activities of the Biden family, including Joe Biden’s son Hunter and his brother James, are also well documented. They have made millions, but because of the way America’s laws are written, they may get away with it.
F. Irresponsible Immigration
While it is easy to see the humane aspects of the progressive immigration policy, it is also nearly impossible not to observe the very severe negative aspects. Legal immigration and citizenship occurs out in the open, gives us the opportunity to complete background checks, and ensures these people are assimilated into American society. With illegal immigration, many of these new people live in the shadows, often with no means of supporting themselves. These people either become wards of the state, violate labor laws, or survive through petty or even serious crimes. They become a drain on society, are unfair to law abiding citizens, and a burden to our legal system. Having to deal with the special needs of the immigrant children in our education system has a detrimental impact on our children. There are even more severe threats because a small percentage of these people could be terrorists who hate our way of life and are a threat to our survival. It also encourages crime syndicates (mules) that guide these people and also abuse them along the way.
With the significant imbalance of negative impacts over positive benefits it is hard to understand the motivation of promoting these policies. Our articles entitled “The Proper Role of Government” and “America’s Unhealthy Attitude about Money” attempt to answer these questions.
A BETTER WAY FORWARD
If Americans are truly concerned about the justice deficiencies within America, they would support actions that will enable it to reach the potential it was designed to be. And, since justice systems are unique based on the culture they support, America’s justice system must be aligned with the core values and principles of the U.S. Constitution. Solving these challenges will not be easy and will require changing the attitudes, hearts, and minds of the America people. But it must be done, and below are the actions we recommend:
- Priority on Justice before Social Justice – In order to save our country, we need to place the proper and appropriate priority on Justice over Social Justice. Justice has deep roots in philosophy, religion and history and is critical to properly functioning societies. Social Justice was a brainchild of socialists and progressivists focused on actualizing their vision of utopia. While its objectives are admirable and aspirational, it is not Justice and should not in any way impact or divert from our core principles of Justice. Achieving the goals of Social Justice requires force from government agencies, and that force violates the God-given rights of life, liberty and pursuit of happiness that are guaranteed in our Constitution.
A Set of Standards for New Laws – In order to ensure welfare and security within a society, all members are expected to pledge allegiance to the laws of that society, and the justice system is designed to deal with people that violate laws. But these principles do not protect us from laws that are designed to harm or enslave us. The U.S. Constitution is designed to ensure that laws which are written and enacted do not violate our contract between “We the People” and our government. But we are still dependent upon the guardians of the Constitution to be loyal to it. We still need more. We need a set of standards that laws must conform with before they are passed. The classic book “The Law” written by Frederic Bastiat in 1850 addresses these standards. He refers to many of the laws in effect as “legal plundering.” We the People should demand that a new set of standards be adopted in the U.S. Wouldn’t it be better to ensure that our laws are constitutional before they are passed, rather than waiting for them to be challenged and adjudicated by the Supreme Court?
- Stricter and More Consistent Enforcement – It is a major frustration when other people are able to get away with immoral behavior or violations of the law. Aside from being unconstitutional, it happens way too often in America today. Politicians, connected people and special interest groups seem to be ignored, while people who are living according to the law are being harassed and prosecuted. It is said “If you do the crime, you should do the time.” Stricter and more consistent enforcement would be a greater deterrent and would reduce overall crime.
- Teaching Personal Accountability and Responsibility – Nothing good happens on the streets after midnight. Our law enforcement officers risk their lives everyday protecting our citizens. And their jobs are made much more difficult in a culture that focuses on our rights without promoting responsibilities. These principles are no longer taught in public schools, and religious organizations are being discouraged from teaching them. Restoring these principles will greatly improve the success, pride, and happiness of our young people.
Police officers must be held accountable and get sufficient training on humane policing, but more personal responsibility and accountability reduces the need for policing and the sstress on the judicial system and prisons/stress on the judicial system and prisons.
TORT Reform – there are way too many people suing others for frivolous reasons, which is tying up the court systems and punishing people who don’t deserve it. Even when you are innocent, you spend significant money for defense expenses. Tort reform focuses on personal injury common law rules. Its advocates propose, among other things, procedural limits on the ability to file claims, and capping the awards of damages. An example of Tort Reform is a loser pays proposal. Criminals and ruthless lawyers should not get wealthy at the expense of normal responsible Americans.
Fixing America’s unjust Justice System is one of the first and most critical priorities in restoring America’s core values and saving America. But we can’t solve our Justice issues with Social Justice tactics. Social Justice is a head fake and will not deliver any of its claims and promises. Please join us in this critical battle.