Sunday, October 7, 2012

In a democracy the Executive Branch and the people need each other. The Judiciary's sole obligation is to be impartial and to apply democratic interpretive practices. The form underlying all the words in the Constitution is triadic in nature and allows for the simultaneous functioning of all three sides of the triad of government. All three sides must be functional at the same time as each monitors the others. The bottom is the base of the triad and the place occupied by the people. The Judiciary's function is to use interpretive practices to interpret the Constitution. But, the Judiciary must be impartial. It cannot play Party-politics. That option is only open to the bottom or the People. The Judiciary cannot favor corporations, nor play Party-politics. To favor a political ideology over the rights of the people is not democratic. To favor a "legal fiction" over the rights of the bottom is to dismantle democracy. Neither "legal fictions" nor Party-ideology are a part of the structure of government. "Legal fictions" may have a place in the economy, but not in the structure of government. They should stay in the economy and out of politics and they should be rigorously regulated just like everyone else. Party-ideology belongs at the bottom, not at the top nor in the Supreme Court. If corporations can receive Welfare or be bailed out so should the poor,the needy, the unfortunate, and those who have worked for it and earned it. The people are at the bottom; at the base or essence of government. Government exists for the people. The judiciary's sole function is to be impartial. If it wants to play politics it's members should run for political office and not sit on the Bench. Their official position is not a political office, its a judicial office. I know all of this is already obvious to everyone, but if we cannot find fair-play in the judicial branch, we will never find fair-play and thats the only factor that can hold this Country together. A devious, obstructive, "Party-ing" Judiciary is the worst thing that can happen to a democracy. A Judiciary that engages in interpretive practices designed to establish or extend some Party platform or, to favor "fictional persons" over real people, or to concentrate money at the top 1% of the social, is not practicing true democracy nor it it being a democratic institution. A devious, obstructive Executive can be replaced, an obstructive bottom or people can be handled by the law. But, an obstructive Judiciary is there for life and they know it. Democracy is doomed unless the Judiciary becomes impartial. Maybe its time for the people to Occupy the Halls of Justice. If the Judiciary refuses to be impartial, its time for the bottom to flex its muscle. If the people follow the terms of the First Amendment, the people have every Right to Revolution.

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Democracy For The Bottom by Gilbert Gonzalez is licensed under a Creative Commons Attribution 3.0 Unported License.