Wild Wild West GOP Radicalism
In the Wild West the most prominent law firm was Smith & Wesson with the quickest draw. When our judicial branch moved West with the rule of law it enabled people to resolve disputes with dignity within the courts. This allowed people to have a legal remedy for harm without resorting to violence. When people didn’t have this vehicle they were forced to defend their rights with violence. It is important to note that the First Amendment rights of the Constitution allow for the access to courts of law to settle disputes.
United States President Donald Trump has alleged that the reason we have domestic radicalism is because we allow immigrants to migrate to America. I disagree, I believe people are becoming radicalized because of the thoughtless actions of Republican appointed members to the judiciary who have no regard for our nation’s values and the importance of First Amendment rights. When the courts allow our government to side step Constitutional limitations to torture and murder innocent people and then deny them First Amendment rights to a legal remedy, they are inciting violence with a bull horn. The First Amendment guards every other right by allowing a person to seek legal redress from the courts.
For a half decade the United States Supreme Court upheld the fair pleading standards established in Conley v. Gibson, 355 U. S. 41 (1957). This allowed even prisoners the right to file lawsuits with limited evidence and granted a reasonable amount of discovery evidence to prove their claims. Correctional officers had an incentive not to mistreat residents for fear of a civil action. This fair legal remedy created a check and balance system where civil and Constitutional rights were honored and it also limited violent riots and deaths to residents or correctional officers. However, since 2007, when the Supreme Court overruled Conley v. Gibson, with Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007), prison violence is becoming more regular because naturally the correctional officers are abusing this neglected class of citizens who have no viable legal remedy the First Amendment was supposed to guarantee to all citizens. Prison food now contains maggots, yet the residents have no valid ability to enter the courts and win their case for humane treatment. Americans are allowing our government to torture and kill innocent people from other nations, so now the government is stretching that power to abuse our own citizens.
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007), defeats a person’s ability to obtain his every Constitutional right. The Federal Rules of Civil Procedure (FRCP) were established with fairness to obtain justice with discovery procedures so a party would be required to provide evidence to prove the plaintiff’s claims. Twombly has eliminated a plaintiff’s ability to even pass the stage of service of process before their claims are dismissed and this problem is in epidemic proportions. This case law applied specifically to a limited class of companies.
However, two years later, in Ashcroft v. Iqbal, 556 U. S. ____ (2009), the U. S. Supreme Court broadened these high pleading standards to more federal cases making it almost impossible for the government to be held accountable for abuse of anti-terrorism legislation. Honorable Justice Kennedy made this decision. Both Twombly and Iqbal will adversely affect you if your rights are ever violated and you want to pursue a civil action to get a remedy and relief. Chances are very high that your lawsuit will be dismissed and all the money you spent on a lawyer lost.
In the Eighth Circuit the courts have upheld Wright Langhammer v Suhl, 2009 WL 2176584 (E.D. Ark., July 17, 2009), using technicalities to get more lawsuits dismissed. This case should be overruled to re-establish the rule of law for the minority and the less advantaged. However, the Eighth Circuit being well packed with Republican appointed Judges who are pro corporation (although they are supposed to be neutral) and employees are more like slaves in this district.
For more valuable information on how our First Amendment rights have been obliterated by Republican appointed judges see the following citation.
Klein, Kenneth, (2009), “Ashcroft v. Iqbal Crashes Rule 8 Pleading Standards on to Unconstitutional Shores” California Western School of Law. Publicly available at http://scholarlycommons.law.cwsl.edu/cgi/viewcontent.cgi? article=1057&context=fs
Life is hard and it doesn’t make any sense to make it harder on people, especially a judicial branch that is supposed to offer unbiased fairness. Corporate legal teams are aggressively creating case law within states to deny employees fairness in workers compensation cases. So although this law was fair when it was created by statute, the courts are limiting an employees right to even get paid after an injury. If you file a claim so you can take care of your family, the odds are high the company will try to fire you.
Moreover, these legal teams are intent on fighting every case when employees try to get unemployment. Republican appointed judges lean in favor of corporations and it is sometimes impossible for an employee to get unemployment benefits from certain companies if an adverse event occurs. These laws were created by the legislature to create fairness to the employer and the employee, but the courts have made these laws stricter. What it boils down to is legalized slavery without some type of a relief valve if you are met with sudden misfortune. You either work or you are fired, whether you are sick or injured. The American people and all their precious rights to fairness are under attack, sadly by the courts and we have no viable claims for a remedy or relief. So no wonder our government has people fighting amongst themselves. Many Americans are bitter and angry attacking each other, but the real instigators are the hardliners within the judiciary that are destroying the fabric of our nation and the people. President Trump is also taking full advantage of this turmoil to create conflict. These public officials are literally tearing our nation apart.
In Holder v. Humanitarian Law Project, 561 U. S. ___ (2010), United States Supreme Court Chief Justice John Roberts obliterated First Amendment rights. Our rule of law has always held that a person is not guilty of a crime until they have been convicted. However, Congress has created language of “suspected terrorists,” granting the government the right to punish these people outside a regularly constituted court. Thus, the executive branch can strip these people of any civil or Constitutional rights by threatening or coercing them to provoke violence. The one question you should ask when an alleged terrorist attack occurs is how long was the executive branch investigating them and what did they do to these people to provoke them to anger. People are compiling research on suspected terrorist convictions but nobody so far is investigating how long they were under investigation or how were they being treated by public and private parties. Truth is many of these suspects are either killing themselves or killed by the government so we will never know how long the government was investigating or torturing these people.
In Humanitarian Law Project the court held that these victims of abuse whether aliens or Americans, can not have access to a lawyer denying them First Amendment rights to challenge government abuse until they are detained for some type of crime. Any lawyer who does try to help these suspects can be convicted of material support for terrorism. Since these anti-terrorism laws can not be challenged with a lawyer in court, these laws will never be held as UnConstitutional. Although Congress has held that coercion is a violation of federal law, the Eighth Circuit Court of Appeals (mostly appointed by GOP) has held that it is lawful for employers to coerce employees to trick them out of their job, career and retirement. The government (at least within the Eighth Circuit) appears to be using this legal opinion as a lawful right for law enforcement to coerce suspected terrorists to trick them into a criminal conviction.
This nonsense by the U.S. Supreme Court that a citizen does not have Constitutional rights until they are detained leads to guaranteed convictions with no chance of Constitutional liberty. It also leads to terrorism and violence because people rightfully do not enjoy being abused and must have some channel to ventilate their frustrations. The Robert’s court is closed to these victims so the Supreme Court is instigating violence and terrorism by denying First Amendment rights. Congress held in the material support for terrorism statute that First Amendment rights were to be protected, yet the Supreme Court, who is the guardian of our Constitution and supposed to honor the intent of Congress, eliminated First Amendment rights.
There was a class based system of serfs and Nobles in England where a hard working person could never be a landowner. Our Founders when writing to the King of England for the purpose of negotiating a peaceful resolution were met with the arrogance of a Noble who viewed them as serfs. The Constitution was formed to forever eradicate these class based systems and tyranny. That is why the phrase, “All men were created equal,” came into play making it law that all people had a right to be heard to avoid conflicts. They furthered this intent with the First Amendment. The Republican party seem to be engaged in high crimes and misdemeanors destroying our republican form of government and converting it into a communist government. They are creating legalized slavery of serfs unable to ever be a landowner with their consistent attacks on the middle class. They are dodging the prohibitions of the Eighteenth Amendment by not discriminating, they want to make every race a slave. The Republican party has overthrown the Constitution and all our rights. Their laws are creating violence by denying First Amendment rights. When lawlessness increases they will simply make more indomitable laws, hire more militant police that have no regard for the value of human life, which will fully convert our nation to military communist rule. This can be avoided by honoring the brilliance of our Founding Fathers who must have been enlightened individuals well ahead of their time that understood the importance of human nature, not mistreating others and the essential doctrine of a remedy and relief. The First Amendment.
Americans should not engage in gnashing of teeth harming each other, you should join a political party and engage in Operation Clean House. Vote out every sitting politician State, County, Local and especially Federal, until they honor our brilliant forefathers and the beauty of the Constitution. Vote for your rights because you do not have civil and Constitutional rights within the judicial system. Try it and see. Ask any lawyer about Twombly and Iqbal. More importantly, it would be an excellent idea to take college courses on being a paralegal so you can learn how to read and study the diabolical laws our government are trying to pass. It will open your eyes to great danger.