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Creation of the Special Grand Jury
The No-On-E Club
"Special Grand Jury. For the purpose
of returning power to the People, there is hereby
created within this State a thirteen-member Special
The language of this statement makes the
false assumption that South Dakotans either lost their power
or had it taken away - but it ignores the
numerous ways the People do
wield power over their government and courts. [Comment:
We have already discussed the "numerous ways" (existing
system remedies) that generally don't work on their own. The
presence of J.A.I.L. will assure the effectiveness of those
"numerous ways" or will ultimately provide a remedy that
will work. -j4j]
By stripping the judicial immunity that
protects government officials and judges, Amendment E "sets
them up" because it makes them vulnerable to personal
liability for official decisions that some may not like. By
creating this "Special Grand Jury," the amendment provides
the tools to "knock them down."
Worse, the first sentence of Paragraph 3
carries tremendous weight: by giving this Special Grand Jury
the "power to judge both law and fact," it lets the jury
interpret the law - and decide whether or not to uphold or
reject, ignore or amend a law
without having to answer to any branch of government or to
It may be shocking to learn that, despite
their charge that judicial immunity is bad, the amendment's
authors actually grant immunity to
this Special Grand Jury.
It's more than ironic that under the
pretense of "returning power to the People," the authors
want to abolish judicial immunity but shield this contrived
new jury with the very evil they claim they're fighting. So
what's their real agenda?
the judiciary and the government.
And this reveals the authors' true agenda
- not accountability, but the erosion of our courts and our
system of government.
The Special Grand Jury is the mechanism by
which they attack government officials, judges and ordinary
people. It's a kangaroo court not accountable to anyone, but
represents the backbone of an amendment that pretends to
The Club says: "The language of
this statement makes the false assumption that South Dakotans either lost their
power or had it taken away... "
The statement is not a false assumption, but
is in accord with the concerns of our Founding Fathers who anticipated the loss
of power of the People when they stated in the Declaration of Independence: "...But
when a long train of abuses and usurpations, pursuing invariably the same object
evinces a design to reduce them under absolute despotism, it is their right, it
is their duty, to throw off such government, and to provide new guards for their
It should be noted here that the No-On-E Club
takes issue with the mere existence of such a Grand Jury, namely,
"By creating this "Special Grand Jury," the amendment provides
the tools to 'knock them down,'" i.e.,
government officials and judges. We now come to the heart of their argument.
They do not believe that government officials and judges should be held
accountable for any deliberate violations of law committed by themselves, or for
any deliberate violations of the Constitutions of South Dakota or of the United
States. (paragraph 2). Yet they swear with an oath to uphold these very documents.
Then they argue, "...by giving
this Special Grand Jury the "power to judge both law and fact," it lets the jury
interpret the law - and decide whether or not to uphold or reject, ignore or
amend a law without having to answer to any branch of
government or to you."
They overlook the fact that in every judge
trial in this country, the judge decides both the law and the fact. We ask them
then, are these judges in these matters free to decide what laws they wish to
reject, ignore or amend? In order to be consistent, this is exactly what they
are arguing. If a judge amends the law to his own liking, it is this "judicial
activism" that is arousing the public's attention nationwide. Amendment E is
designed to call such judges to account for "passing laws from the bench."
They will also be held accountable under Amendment E for deliberately violating
the established laws that are on the books.
The No-On-E Club wants to turn everything
around to mean just the opposite, to wit, upholding the law means ignoring the law;
enforcing the law means rejecting or amending the law, etc., etc. "Woe unto them
that call evil good, and good evil; that put darkness for light, and light for
darkness; that put bitter for sweet, and sweet for bitter! Woe unto them that
are wise in their own eyes, and prudent in their own sight!" Isaiah 5:20-21.
They fail to realize that in deciding one of
our greatest matters, that is, whether a man should receive life imprisonment or face a
death sentence, we leave that important decision in the hands of the People. One
could make an argument that we the People do not trust judges to make such an important
Now if we the People entrust and endow our judges
with the power to make decisions on both the law and facts in every judge
trial, does this mean that the very People, who authorized and entrusted these judges to
judge on the facts and the law,
cannot trust themselves to do the same? ("Gee," they say, "we never thought of that!" Well wake up,
judges and bureaucrats! Where do you think your authority comes from?)
They argue that this Special Grand Jury does
not have to "answer to any branch of government or
to you." Gee, I thought our public
servants had to answer to us, not we to them. But this is their mentality and
thinking that has developed over 200 years-- time does not change the truth. Their words betray themselves and prove they need the learning
persuasion found in Amendment E. Their usurpation of power for well over two
centuries has turned our government into an occupational force over the
People, turning the People into slaves. The purpose of Amendment E, as stated in
paragraph 3, is to return power to the People. It won't be easy to undo
what has existed for 200+ years, but DO IT we must!
We'll start with Amendment E!
Finally, they say,
"...the authors want to abolish judicial immunity but shield this contrived new
jury with the very evil they claim they're fighting."
Here they show that they are unable to grasp the concept that the People are in
control, and not the government we entrust as our trustee. We rightfully
criminally prosecute trustees who abuse their power and defraud their trustors.
We are the trustor, and our government is our trustee. Everything the trustee
does is for the benefit of the trustor, us. "Us" is the Special Grand
Jury, we are the People. Speaking of the SGJ, they say
"It's a kangaroo court not accountable to anyone." That's
exactly what the Special Grand Jury will hold accountable-- "kangaroo courts not
accountable to anyone!" The No-On-E Club has it turned around 180 degrees--
that's their mentality resulting from their "long train of abuses and
usurpations." Turn it around,
we must! Let's start with Amendment E!
"This contrived new jury" as they call it, is
the People providing "new guards for their future security" as is their duty to
do when "a long train of abuses and usurpations" has overtaken them "under
absolute despotism." The People, who have created government for their security
and benefit, aren't "shielded with evil" but, rather, must provide a new shield
(new guards) against the evil of the usurping power that has taken over
the People and shielded itself from accountability to the People.
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