Elite versus Democracy

By Trudy A. Martinez

Does the American government fit the definition of democracy in respect to the Constitution or is the Constitution strictly elitist?

According to The American Heritage Dictionary, the word democracy means:

1. (a) Government by the people exercised either directly or through elected representatives.

(b) A political unit with this form of government.

2. Social and political equality and respect for the individual within the community

The word elite means:

1. (a) The superior members of a social group.

(b) A small but powerful group.

Does the American government fit the definition of democracy in respect to the Constitution or is the Constitution strictly elitist?

The answer depends on the interpretation of the Constitution and most of all, who is doing the interpreting. The Constitution suggests an ‘elitist’ style of government whereby a few govern the majority. The original ideal bases its theory on equality and liberty, an extremely important element. The founding fathers (the white Anglo-Saxton Protestants) base the element of equality and liberty on their belief: Everyone is born a blank tablet, all equal.

The environment (the critical element) gives man the opportunity to be all he can be. Liberty (individual freedom of choice) grants people equality. The framers set up checks and balances in a Constitutional government to ensure equality and freedom and to alleviate oppression. However, the basis for the theory of the American Constitutional government never evolves to correct inadequacies gained after an internal war. The belief (man is born a blank tablet, equal) is only true when man is free to make his own choice; this aspect changes following the Civil War.

The war was said to give freedom to the slaves, but what actually transpires is only a token justice for the blacks; and in addition a mechanism by which control of all men (both black and white) is made to change the future. The establishment of control is brought about through behaviorism, mandatory schools, and the myths, leaving America and all its inhabitants to suffer the consequences. The eighteenth century philosophy of the framers becomes a mere illusion.

This is so because the application of a myth, behaviorism, and a mandatory school system controls, stifles, overwhelms, and blinds the common man; he is in a trap unaware of his circumstance with no way out other than the escape mechanisms the Impersonal forces provide. The Imperial force of Progressivism effectively steals the personal freedom and our blank tablet of equality when its theology creates and establishes sameness in place of individualism.

As a result of this inadequacy of the change in theology, a growing bureaucracy of corruption (evolving and transcending the politics) of government for the interest of those members of society who gain social superiority and economical superiority over the people (the majority).

Thus, instead of the Constitution, in conjunction with the Bill of Rights, granting equality and liberty for all as its equitable intent and purpose, the rights of the people evolve to the mercy of vice, corruption, and deceit, or the Supreme Court.

The Constitution, Article I, The Legislative Article, House of Representatives:

Apportionment; Section 2, “…direct Taxes shall be…included…according to…numbers…determined by adding to the whole Numbers of “free” Persons, including those bound to Service for a Term of Years,…excluding Indians not taxed, “three fifths of all other Persons.

Say What? “Three fifths of all other Persons”? This is Elitist terminology; they’re saying we are not equal. What do we have to be to count as a whole person? Changes take place following the civil war:

Amendment 14–Citizenship, Due Process, and Equal Protection of the Laws…Section 1

Ratified, July 9, 1868…”No state shall make or enforce any laws which…abridge the privileges of citizens…”

However what the federal government says or does depends on you. You don’t live in the federal government, you live in a state.

If the state makes or enforces laws that are contrary to federal law, it is the citizen’s responsibility to inform the federal government of the abridgement of those privileges. It takes time for Congress to Act. When citizens remain quiet, it is like sending up a signal saying, “Go ahead, have fun, abuse us; the federal government will not prosecute the State (at least not until, we the people object, loudly).

Amendment 14

Section 2…”…When the right to vote…is denied to any of the ‘male’ inhabitants…”

Remember the 14th Amendment is ratified in 1868? Per Section 2, any male inhabitants (including blacks) following the civil war have the right to vote; all males are whole; they are citizens.

(What about me, the White woman, and also the Black woman? Aren’t we citizens? Don’t we have rights? Don’t we count? (Unfortunately, not yet). Token Justice is not Justice for all. Note this ratification does not occur until following the Civil War. And the black man, even though he gains his right to vote, is not able to exercise the right for another 100 years.

The elitist extend their reign of Superiority to the Amendments to protect whose rights?

Section 5…”The Congress shall have the power to enforce…the provisions of this article…

The Federal government gives–and the State government takes– away! Just because there is a gain in rights doesn’t mean you get to exercise those rights right away. You see. The “KKK” was watching –at the state level. The black man waits 100 years before he steps up and objects to his unfair treatment. The Federal government doesn’t step in to enforce the law as written over a state law until there is objection. Women protest their plight and gain their right to vote from the federal government and the state government before the black man gets the opportunity to exercise his right because the women organize and object.

Article I…Senate Compositions: Qualifications, Section 3…The Senate…shall be composed of…Senators from each State, ‘Chosen by the Legislative thereof,…”

What? You mean I, one of the people, can’t vote for my own Representative and that the elitist have to make that decision for me? I am not trusted to make a quality decision?

Well we will see about that . . .

Sure enough the people gain control with ratification of the 17th Amendment, the people will be choosing their representation in the Senate. The Senator will be obligated to voice ‘their will’, the will of the people.

The Amendment implies that anyone may run for Office, but in actuality, a person who is not a member of the social or money elite winning an election will be a rarity, if not a near impossibility, today. In reality, Senators are not obligated to vote the voice of the people. Instead, the majority listen to lobbyist, Big Business, and special interest groups (the elitist). After all, everyone knows “money talks”, “bull-hockey walks”. However, if the people pay attention, they can vote them out at the end of their term for not voting the “will of the people.” After a while it begins to sink in, the people want their will acted on.

ARTICLE I, Section 6, Rights of Members…”shall…be privileged from Arrest…”

Here is an elitist part. When elected, a seasonal license to lie, steal, and cheat is issued to representatives? They are Immune–from prosecution of a misdemeanor? This makes one wonder if this is why Maryjane reduces to a misdemeanor. Doesn’t anyone get MADD because of these special privileges? Is it okay for them to drink and drive? This article establishes a double standard: One set of rules for the people and different one (set of rules) for the elite? Is that fair?

ARTICLE I, Section 8, Powers of Congress, “To promote the Progress of Science and useful Arts . . .

That is except when it serves the purpose of the elite to Censor—-The public must not learn the truth; artist who insists upon telling the truth about their (Congress) purpose must be censored. In other words, the freedom of expression is removed as a right of the people at the will of the elite.

But what about my guaranteed rights under the Constitution? Say What? The Constitution doesn’t grant me rights? But what about:

The Bill of Rights?

Amendment 1–Religion, Speech, Assembly, and Politics…Congress shall make no law…prohibiting…abridging…freedom of speech . . . .the press, or the right to…petition the Government for redress of grievances.

You say what? I have to wait for at least fifty years…, but I am already fifty–I won’t need to feed myself then–I’ll be dead! What? –You say–that’s what they are counting on? Maybe if I learn the ropes, I can get my right sooner? (They have a Jungle-Jim? With ropes?)

ARTICLE I, Section 8, Powers of Congress, “…To make all Laws…necessary and proper for…Execution …

The “Elastic Clause” evolves the duties of the Judiciary, “uniquely” in a historical sense; Marbury vs. Madison sets the wheels in motion. With the help of the Civil War, the power of interpretation by the Supreme Court becomes cemented in with the outcome of McCulloch v. Maryland; an example is set in concrete, perplexing the system, yielding judicial power unsurpassed in the history of the world. The Elite issue an insurance policy of supremacy. You say to get around it I have to ride what?–a Merry-go-round! You have a Circus here too? How much did you say it would cost me? I–Yi-Yi-Yi! The nine Supreme beings now sit in control?

Article 1 (ART-I-(CHUCKLE), Section 9, Powers Denied to Congress…

“…The privilege of the Writ of Habeas Corpus shall not be suspended, unless…”

The purpose of the Elite shall be better served; the witch hunts, the “Red Scare”, Read-my–Palm-er, and Mc Cart-thy off, the snitch-man, witch-man, get under-the-desk, huntsman are proof of the “pudding”–“They stuck in their noise–where it didn’t belong–and pulled out a “Commie”, then said, ‘Oh, what a good Patriotic–“cheese”–boy am I!” What happened to our APPLE PIE? When did we revert to “yucky”–PUDDING? As a result, innocent people suffer unjustly, their freedom breached. Merely because the elite’s fear, not a revolution, not a threat, just- a shiver down their spine (guilt pangs from unjust practices–they remember what happened in Anatole France); all in the name of the elites’ freedom to oppress common man. (You say what?–your position is reaffirmed; I can’t escape?)

ARTICLE IV, Privileges and Immunities; Interstate Extradition, Section 2,

“A person charged…with…Treason…shall be delivered up on Claim…”

You mean I am not entitled to the due process of law? But–but–AMENDMENT 14 says: I shall not be deprived of my “life, Liberty, or Property” I am entitled to “equal protection under the laws”.

You say what?–that doesn’t apply to my situation–not when the witch men are in control–those rights are only reserved in situations concerning the State!

Article 1 (ART-I-CHUCKLE), Powers Denied to Congress, Section 9, paragraph 4,

“No Capitation, or …direct, Tax shall be laid, unless…Census…”

But, Capitation means: fixed tax, an equal sum per person–O-o-o-o-o-OH! You–Amended that!

AMENDMENT 16–INCOME TAXES, (Ratified February 3, 1913), “…Congress shall have the power to lay–collect taxes on incomes…without apportionment…without regard…to enumeration.”

Did I hear you say–President Wilson–the E-l-i-t-e–have plans,–OH–it’s a secret! It is not for us to wonder why, we are only supposed to pay, not lie. To tax the elites will be to our defeat–so they say–we must pay. “No Capitation . . .tax shall be laid…”–read on you’ll be dismayed!

Article 1 (ART-I-CHUCKLE), Section 9, paragraph 8,”…no Person holding any Office…, shall…, accept…any present…, of any kind whatever, from any King, Prince, or foreign State.”

But if you like you may sell your “soul” to the “country store”–you can. Yep! As long as you don’t get caught, because if you get caught “King” and “Prince” interpretation may be “King of Big Business” and the “Prince of Wall Street”. “Advantage rather than responsibility is the name of the game”, as long as you don’t get caught it won’t be your shame.

Article II–THE EXECUTIVE ARTICLE, Nature and Scope of Presidential Power,

“…Each State shall appoint,…may direct, a Number of Electors…Vote by Ballot…the Votes shall be counted…The Person having the greatest Number of Votes shall be President.”

Disillusion! “A bummer, I thought my vote counts; boy, I am misinformed. Why bother voting? My vote doesn’t matter! The elite perceive me as a loser, unable to make an intelligent decision, so why should I prove them right? Isn’t that what they taught me in school?

ARTICLE I, Section 2, Powers and Duties of the President

“…he shall have the Power to grant Reprieves and Pardons of Offenses…”

Pathetic, bigoted, affluent child, Poor diminutive hereafter elite! He’s being restrained from instruction about reality, prison life. He’s being denied the privilege of justice of an education in prison. How’s he ever to progress, to comprehend the truth, never having the opportunity to mingle, rub elbows with the poor black and the white refuse? “President, sir, did you know you are denying the affluent child a glimpse of reality?” You say, you already have another throne to sit him on–you reserve the Electric throne for us! Am I supposed to thank you?

Article III–The Judicial Article, Section 1,

The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior,..”

Once you’re in. you’re in! Forever more! Until death do you part? The Constitution is Elitist; you have no right to interfere–unless one of those “little beneath our feet” people learn the secret and object through the legal process, then and only then may you review the laws. That is only because the Federalist papers imply that right to you, not that you are given that right in this Constitution–remember–only TOKEN justice–CAN YOU–WAKE-UP!–CAN YOU REMEMBER THAT?

The first ten amendments, the Bill of Rights, in conjunction with the Supreme Court, suggest our rights, the rights of the people, are protected. If the people can afford financially to fight for the rights through the courts, they may have one of them.

The 1st Amendment grants: Freedom of speech, Freedom of the press,

Right to assembly, right to petition the Government for redress of grievances

But they are in the process of being changed–examples are being set–that elastic clause–worked for us once–it can just as easily go the other way–to work against us. Go ahead; read on. You are educated aren’t you?

AMENDMENT 2, “…THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS..” Don’t get excited, today you have it–tomorrow who knows?

AMENDMENT 3AMENDMENT 4–SEARCH AND SEIZURES, “The right of the people…against unreasonable search and seizures, shall not be violated…”

Well, that “unreasonable” means something different–you may bolt the door, but it’s more expensive to replace a door than to open it..

AMENDMENT 5…Due Process, and Eminent Domain, “…No person shall be held to answer…EXCEPT in cases arising in the land…”

You might as well use white-out on the later.

AMENDMENT 6, CRIMINAL..—

This one only means criminals. We the people don’t count; we have to wait for our cases to be decided.

AMENDMENT 7, Trail by Jury–Common Law,

AMENDMENT 8, Bail….,

AMENDMENT 9–RIGHTS RETAINED BY THE PEOPLE, “The enumeration in the Constitution, OF CERTAIN RIGHTS, shall not be construed to deny or disparage others retained by the people.

You mean we have rights, but only CERTAIN rights?

AMENDMENT 10, –RESERVED POWERS…,The powers not delegated…by the Constitution…are reserved to the States respectively, or the people.

What power is left? Maybe we have certain rights, maybe we don’t. One thing for sure, the Constitution is an elitist document. The Bill of Rights is the document that may have our backs.

One can say with Democracy in America Tyranny of the majority is born. A foreigner, a French man, says it all when he looks through the looking-glass into the “fairy-tale” land of America and says:

“The error arose from seeing the interest of the nobles perpetually contending with those of the people, without considering the issue of the contest, which was really the important point. When a community . . . is equally divided between adverse principles,–it must either experience a revolution, or fall into anarchy . . . social superior to all others must always be placed somewhere . . . liberty is endangered when this power finds an obstacle which can retard its course, and give it time to moderate its own vehemence . . . Unlimited is in itself a bad and dangerous thing. Human beings are not competent to exercise it with discretion. God alone can be omnipotent” (De Tocqueville 115).

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How does the 14th Amendment Apply to today’s World?

Posted on May 25, 2006

By Trudy A. Martinez

How does the 14th Amendment apply to today’s world?  The answer to this question depends upon the actions taken by the citizens of the United States of America to preserve the privileges guaranteed through the Constitution and the Amendments thereof.

In analysis, the State of California is testing “The Constitution of the United States of America and the Amendments thereof” by making laws that condense through omission specific privileges.  The State allows practices within the State boundaries which individually or collectively lessen or diminish citizen privileges cited in the Amendments of the U. S. Constitution through unfair business or ethical practices.  Even though the 14th Amendment specifically states: “No State shall make or enforce any laws which shall abridge the privileges or immunities of Citizens . . . nor . . . deprive any person of life, liberty, or property, without due process of law, nor deny . . . equal protection of the laws,” Californians are allowing the State to lessen or diminish our guaranteed rights through the passage of legislation or, more frequently, by allowing the State officials to turn their head to all the abuses surrounding them.  Why?  Just because legislation doesn’t affect us today, doesn’t mean it won’t affect us tomorrow.  We need to pay attention to what is happening around us and stop being so self-interested.  We need to stop taking our rights for granted. Allowing only factions of our society to make our decisions for us may strip us of our rights.

People say:  “You can’t fight City Hall!”  That statement may be true if you go to City Hall to do the fighting.  The City Hall comes under the County, the County under the State.  When the State is offends, then we must go to a higher source, the Federal Government.  Specifically Congress and the Supreme Court have the authority to resolve issues abridging our privileges as citizens.  If the State will not correct their encroachment then it is left up to Uncle Sam.  Just like a child who disobeys, punishment comes from his or her parent; the State needs their punishment to come from our higher government or the court system.

Help doesn’t come automatically; citizens need to take the necessary steps to make it happen.  New State legislation doesn’t correct it; it only confuses and enhances the deceiving.  Our duties as citizens are to identify the discrepancies and then together file suits through the court systems when our privileges become too few, For example:

1.     Legislation abridging our right to bear our choice of arms (Amendment 2).

II.     Insurance companies have been allowed the “taking” of property (Amendment 5) through the use of unrealistic evaluation of the replacement value or property (i.e., vehicles or property damage).

III.    Nursing Homes, Hospitals, and especially mental hospitals are sometimes guilty of depriving “life” and “Liberty . . . without due process of law” by using the “Sword of Damacles” over the heads of patients admitted voluntarily through the stripping of the patient’s right of leaving voluntarily.  In other words if a doctor doesn’t give his approval for release, the patient must pay “cash” for his own release because the insurance companies won’t pay.  A poor person is therefore held in an insane prison against his will.

IV.    The Nature Conservancy (TNC) and other “Hip Pocket Agencies” such as the EPA, and the BLM, and environmentalist continue to put the price of human “life” below that of purported endangered species while at the same time abridging the privileges of the people through “taking” (Amendment 5) of property or monies as compensation for development.  These agencies have it backwards; they want us to pay them.

Where does it say in the Constitution or in the Amendments thereof that the people must do the compensating?

Previous legislation proposals want a tree to come to be an endangered species.  But is the tree the real issue?  Or is the real issue you and me?  Taking of our property or abridging our privileges is blackmail, extortion, and/or plain highway robbery.

The same is true of the illegal immigration issues.  The point is the illegals are not citizens!  As such, they have no rights, nor should they.  When they protest, they identify themselves; we should deport them immediately, escort them across the border using the U. S. Military forces.

I say, “Yes to America.”  And I say, “No to the deception that is invading our shores.”  The 14th Amendment says in Section 5:  “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”  In other words if we want action, Congress has to do it for us.  Congress has shown through history that they tend to wait fifty to one hundred years before acting.  Do we want to wait until we are dead (the future of America lost) before our rights as citizens are protected?  When Congress ignores the people, the people must take steps to force Congress to act.  Life in the United States must not grow into a game of “Simon Says” or “Mother May I.” We are a free people. We must stay that way.

The Supreme Court gives the authority through court actions to force Congress to act on our behalf.  In the matters at hand the Supreme Court may prove to be our protector.

Hip-Pocket Agencies Abridge Rights of Americans

By Trudy A. Martinez

The following article was published in the “Inyokern News Review” as a letter to the editor in the fall of 1990.  The letter is written in response to the unnecessary death of a young girl.  The question then was whose life is of more value a human life or an endangered species?

The underlying importance of this issue highlights another question: Are the Citizen of the United States going to allow the LOSS of rights guaranteed for all Americans through the Constitution as a remedy for the life of a rodent, a fish, a turtle, or small mammal, who someone merely suggests is endanger?

Even though the article is written in 1990, the issues surrounding it still exist today throughout the country; it will continue to be an issue of concern until the people’s voice is heard loud and clear by government “Hip Pocket Agencies”, i.e. the BLM, EPA, TNC. They need to understand the people will not stand for remedies, which result in the taking of properties.  The Fifth Amendment of United States Constitution clearly prohibits the taking of properties for public use without JUST compensation.

The Fifth Amendment does not say that “We the People” [the property owner] must do the compensating.  Nevertheless, across America, property owners are told they must compensate government “Hip Pocket Agencies “if they wish to improve their property or make use of water rights when their property or waterways is said to be in a questionable species habitat.

Supreme Decisions

By Trudy A. Martinez

Tom Turner, author of “Courting Disaster in the Nation’s Capital”, (Mother Earth News, March-April ’88 p44 (2)) says, “The Supreme Court can go for long periods without rendering decisions in environmental disputes.”  Some recent decisions have ruled in favor of property holders.”

“ . . .  The Fifth Amendment prohibits “. . . nor shall private property be taken for public use, without just compensation.”  The courts have ruled in favor of the property holder’s right to develop their lands and against environmentalist who wish to prohibit such undertakings.

The Mohave Ground Squirrel has posed some problems for our area residence.  Property holders are being robbed of property, money, and peace of mind in regards to this issue.  Inconsistency, extortion, blackmail, and plain highway robbery appear to be the tactics incorporated by the so-called public agency.

A recent death of a young girl in our area reveals that the Mohave Ground Squirrel’s life is considered of more value than human life.  The most dangerous intersection in Ridgecrest goes without a traffic signal because of the prohibiting of development.

Enough is enough!  Agencies such as The Nature Conservancy should be forced to have their day in court against the people of California and other states in the Union, if applicable.  Joint and/or single court action should be ensued.  True, court action may take years; but with the press, public records, documentation, and foresight, the people can again be victorious.

George Reiger author of “Unnatural Developments” says, “Although TNC uses millions of nonprofit dollars annually, it offers little accountability to the public underwriting its schemes”.

The Nature Conservancy’s record is not lily-white.  They want a monopoly with no competition.  If the people stand in their way, they move them, cheat them, and abridge the people’s rights.

A “Supreme Decision” is not just for the courts but also for the individuals and/or groups of individuals who are affected by mismanaged corrupt governmental concerns.  America is still a government of the people.  It is the responsibility of Americans to remind the agencies that tend to hinder personal rights guaranteed through the Constitution and the “Bill of Rights” to seek restitution.  Not always is the mere joining of special interest groups enough.  The way to pursue action if you want results is to challenge them.  “A squeaky wheel gets attention; a well oiled wheel is left alone.”  The more media coverage there is the better.  The more cases tried, the more examples set.  To question, to challenge, and to fight for the justice and rights that seem to be forever fading is a responsibility of every American.  The oppressive methods of “Special Interest Hip Pocket Agencies” who pursue personal gain by engaging the concerns of corporate, affluent Americans may only be stopped by the judiciary system.  Ignoring the interest of the people is only smart if the people allow their freedom to be abridged.  An agency like the TNC may shine on the outside, but they stink on the inside, polluting the future of America.

The Nature Conservancy needs to be given a copy of the “Fifth Amendment”; better yet perhaps someone needs to read it to them: the blind are sometimes able to see with the aid of words.  (A box of Q-tips may be needed to clear their ears so they can hear what is being said.)  I interpret the Fifth Amendment to say that if we the people are kept from our land through the taking of the land that we the people are supposed to be compensated.

Nowhere in the Fifth Amendment does it say “we the people” must do the compensating!