Spending Power Without Oversight
The section is one of several that give this new brand of government unregulated power to run up new expenses without oversight from the legislature. In the first years alone, Amendment E will cost South Dakotans $2.65 million in new, unaccountable expenses.
The first and foremost duty of the judicial system is to see that justice is done. If justice is not being accomplished by our current judicial system, no matter what argument may be made otherwise, our judicial system is a failure. Such failure is not the fault of the People unless the People tolerate such a failing system. What good is a bridge that cannot be crossed? a hospital that cannot treat the sick and injured? a ship that cannot sail? a Constitution that cannot be enforced?
How much is too much for accomplishing the enforcement of the Constitution? for having a judiciary that is faithful to the state and federal Constitutions? for assuring the People of South Dakota that their rights will be protected, and not taken away, by government? for assuring that the People will be afforded redress of grievances in our courts? Is any price too great for these precious safeguards?
Our Founding Fathers pledged their lives, their fortunes, and their sacred honor --a price far above any dollar amount-- for the support of the Declaration of Independence and the principles it intended for this new country. Would the South Dakotans be unwilling to pay whatever price it takes to restore the American way of life intended by the Declaration and Constitutions of their state and country? We don't argue here whether the $2.65 million figure is inflated --but even if it isn't, is it too much to pay for the new-found justice, freedom, and liberty that will be brought about by Amendment E?
Notwithstanding the above, the Club, in claiming the Amendment will cost South Dakotans $2.65 million, overlooks paragraph 8 which provides: "... the Legislature shall impose appropriate surcharges upon the civil court filing fees of corporate litigants as necessary to supplement the funding of this Amendment." In other words, after the judges pay 1.9 percent from their salaries, and the other provisions of funding are made which are likewise not chargeable to the taxpayers (¶6), the Legislature shall impose any balance, if needed, from the filing fees of corporations. Nothing in Amendment E is to be chargeable to the South Dakotans. This subject is discussed further in detail later.
Think of the money that will be saved after Amendment E passes! There will no longer be the multitude of lawsuits filed in vain by repeated attempts to receive redress of grievances in courts, at all levels. It will no longer be necessary to hire swarms of lawyers to prepare and file the tons of paperwork for these lawsuits, only to have cases routinely dismissed as "frivolous" without findings, or some other constitutional violation as those listed in the Amendment (paragraph 2) with impunity. We're not just talking about dollar expenses, but the amount of time and emotional distress involved as well.
Amendment E does not bring a "new brand of government unregulated power" at all. It brings in the People as a final check on "government unregulated power." The People do not need "oversight from the legislature" --it's the other way around: the legislature needs oversight from the People when the judiciary fail and refuse to give it.
Speaking of the legislature, the entire South Dakota Legislature has been involved in illegally spending the people's money using State facilities and personnel to write up a resolution to oppose a People's measure --Amendment E! A J.A.I.L. News Journal titled "Rogue Miscreant Legislators" tells all about it. Another report on the crimes of the South Dakota Legislature appears in J.A.I.L. News Journal titled "South Dakota Legislature Forfeits Their Public Trust."
Certainly a legislature that has forfeited its public trust cannot be trusted to the "oversight" of anything.