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Background For The Enclosed
Constitutional Amendment

More than two and a quarter centuries ago, our forefathers signed their names to the Declaration of Independence and gave birth to America. The Revolutionary War that followed cost countless lives as thousands of patriots died to free us from the tyranny and oppression of the British Crown.

Years later, the Articles of Confederation were enacted to empower the new central government, but that historical document proved ineffective when our leaders learned that, "In order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense and promote the general welfare", a much stronger central government, with immense federal powers, would be essential.

The Constitutional Convention, with delegates from twelve of the thirteen states, assembled in Philadelphia to draft and propose to the states a new Constitution, delegating the needed powers. Rhode Island opposed federalism, and sent no delegates. After much hard work and debate, the Convention created the Constitution and gave it to Congress. From there, it was sent to the states for ratification, but broad acceptance was delayed when five of the states refused to ratify it without a Bill of Rights to establish certain rights, freedoms and immunities for the people. The dissenters remembered how their people had suffered from tyranny and oppression by the King of England, atrocities which had given birth to America in the first place. When the First Ten Amendments were added to the Constitution of the United States of America, to establish, preserve and protect those rights, freedoms and immunities, it was soon ratified by all thirteen states and became the Supreme Law of the Land.

As inscribed in the Preamble, the Framers envisioned a " more perfect union", not a perfect one, so there is a flaw in the Constitution. Although the document has survived a civil war and helped make America the strongest, and perhaps greatest nation on earth, the Constitution is not perfect. As with any set of laws, its value ultimately yields to the wisdom, courage and honor (or dishonor), of those in the government who are empowered to make the laws (legislature branch); to enforce the laws (executive branch; and to interpret the laws (judicial branch). The Constitution commands that all officers of the Government, both federal and state, "shall be bound by oath or affirmation, to support this Constitution". But the document provides no sanctions against those who dishonor their word. Other than impeachment, a rare occurrence usually aimed at the highest officeholders; there is no penalty for those who betray their oath of office. This absence of judicial accountability is a flaw in the Constitution. With impunity, it has allowed many career employees of the Government, like the famous one named in the following paragraph, to cause the imprisonment of thousands who are actually not guilty of the crimes charged to them.

The Hoover Conspiracy. Last year, it was reported by the popular CBS News program "60 Minutes" that J. Edgar Hoover, who headed the FBI for 48 years, had conspired in 1970 with a prosecutor to send an innocent man to prison. They had targeted a Boston Mafia boss, and needed a "fall guy" to take the rap for their key witness, who was a professional killer for the mob. The real killer had agreed to break the code of silence in exchange for his freedom and protection by the Government. He was the first "snitch" to be placed in the Government's new "Witness Protection Program", but something went wrong and he was gunned down in a Boston street. The innocent victim of Hoover's misconduct ("fall guy") was finally sent home to his family, after spending 32 years in a maximum-security prison. One of his lawyers, who was unpaid but never lost faith in his client's innocence, discovered the FBI conspiracy when the revealing document ("smoking gun") was declassified and obtained under the Freedom of Information Act. This is only one example of many abuses of power in our Government. We read and hear about others all the time, but no one in power ever cares enough to take preventative action. According to "60 Minutes", there was a movement in Washington to rename the Hoover Building, but it quickly failed as it encountered strong opposition from the Department of Justice and the While House. We cannot punish a dead man, nor should we try, but to leave the name of a known tyrant inscribed on an historical landmark would betray our allegiance to the Constitution!

A Scholarly Admission. Dr. Arthur Miller, a well known and distinguished constitutional scholar and law professor of Harvard University, appeared last year on "The Justice Files", stating that as many as ten percent of all convicted felons in America are actually innocent of their crimes. In making that statement, the Ph.D. professor showed no concern, and offered no solutions. If that estimate is accurate, it means that there are about 200,000 innocent people imprisoned in America, and another 400,000 on probation, parole or supervised release. If you assume an average family size of five persons, that equals about 3,000,000 people, mostly Americans, whose lives have been ruined or wrongly disrupted by an imperfect justice system. That is not what the Framers intended when they wrote the Bill ofRights! That alarming statistic should shock the conscience of all Americans and inspire our political leaders to take preventative action. A good place to start would be a Constitutional Amendment to provide the needed judicial accountability. I believe that Government officials who intentionally send an innocent man to prison should be, at the very least, removed from office, forever barred from public service and forfeit their Government pensions. What good is an oath of office unless it is enforceable - and enforced?

Voice Of Appellate Judge: Appellate Federal Judge Edith Jones of the 5 th Circuit Court of Appeal tells Harvard Law school students that: "the American legal system is corrupt beyond recognition." According to Judge Jones, the first contemporary threat to the rule of law, comes from within the legal system itself. Judge Jones quoted George Washington who asked in his farewell address, "where is the security for property, for reputation, for life, if the sense of religious obligation deserts the oaths….in courts of justice." The judge maintained that the legal system was getting much worse because faith and democratic processes are breaking down. (Source Massachusetts News, March 2003)

A President's Voice. "To remain silent when your neighbor is unjustly persecuted is cowardice; to speak out boldly against injustice, when you are one against many, is the highest patriotism." Abraham Lincoln - 1855

Marcus Tallius Cicero - Roman Orator, Poet, Statesman - 43 BC :
"The more laws, the less justice"

Sir William Blackstone - English Writer on Law - Laws of England 1765 :
"It is better ten guilty persons escape than one innocent suffer"

Thomas Jefferson - 3 rd President of the United States - 1743-1826:
"Experience hath shown, that even under the best forms of
Government those entrusted with power have, in time, and by
slow operation, perverted it into tyranny"

Thomas Jefferson - Sayings found among his papers - 1826:
      •"Resistance to tyrants is obedience to God"

      •"A society that will trade a little liberty for a little order will
        deserve neither and lose both"

Inscribed on Thomas Jefferson Memorial in Washington, D.C. - 1826:
I have sworn upon the altar of God, eternal hostility against every
form of tyranny over the mind of man.

Ninth Circuit Justice Levanthal - 1988:
"If the Government, police and prosecutors could always be trusted
to do the right thing, there would have never been a need for the
Bill of Rights" (U.S. vs. U.S. District Court for the Central District
of California, 858 F2d 534) 9 th Cir. 1988

James T. Kimball, Researcher and Investigator - 2003:
A nation of complacent people, in an environment of corruption,
will cause the people to become corrupt, or lead to their demise.

A Citizen's Voice. "All Americans should cherish the Constitution and remove from power those who abuse it in the name of justice. In our great nation, the end can never justify the means if it circumvents the Bill of Rights to send an innocent man to prison, or even to his death. These principles are especially valid for those whose lives and families have been touched, perhaps ruined, by an imperfect justice system.

Unlike Dr. Miller, I am concerned about the millions whose lives have been unjustly disrupted, and I offer a solution: the attached proposed Constitutional Amendment, which will hold Government officials accountable for their misconduct. Of course, the Amendment will not make the Constitution perfect, for absolute perfection is impossible to achieve. It will cause a substantial improvement in the system by punishing those in Government who abuse their power by ignoring the Bill of Rights when it suits their cause.

To the 600,000 who have been wrongly convicted, the writer is among your number and shares your pain, but we must never give up hope. If we heed our sixteenth president's patriotic advice to "speak out boldly against injustice", someday something good will come from our suffering. Let's just hope that we don't have to wait 32 years, as did the gentleman from Boston.

This brief discussion of American history manifests the writer's assertion that those principles stated above are just as valid today, in our third century, as when our nation was founded more than 227 years ago.

A Federal Judge's Oath. Every Federal Judge must take the following oath: "I _______________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the "poor" and to the rich, and that I will "faithfully" and "impartially" discharge and perform all duties incumbent upon me as ____________ under the "Constitution" and "laws" of the United States. "So help me God" (emphasis added).

It clearly appears that at least half of the Federal judges today, violate their oath on a daily basis in their courtrooms across the United States. Ethical Federal judges adhering to their oath have become the minority. The unethical judges answer to no one for violations of their oath which place innocent people in Federal prisons on a daily basis. You can review the names of a few of these unethical (criminal) judges, and exactly how they violated their oath on this website under Corrupt Evil Government Employees and Lawless Authority.

IF YOU ARE A FREEDOM LOVING AMERICAN WHO BELIEVES THAT GOVERNMENT OFFICIALS SHOULD BE HELD ACCOUNTABLE FOR THEIR MISCONDUCT, YOU CAN HELP MAKE THAT HAPPEN BY SENDING COPIES OF THIS DOCUMENT TO YOUR FAMILY, FRIENDS, ASSOCIATES, GOVERNMENT OFFICIALS, RELIGIOUS AND COMMUNITY LEADERS, AND MEMBERS OF THE NEWS MEDIA.

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A PROPOSED AMENDMENT TO THE
CONSTITUTION OF THE UNITED STATES
TO STAMP OUT TYRANNY IN THE JUSTICE SYSTEM

'WE THE PEOPLE of the United States, in order to form a more perfect Justice System, do hereby ordain and establish this Twenty-Eighth Amendment to the Constitution of the United States of America.

Article XXVIII. Notwithstanding any other provision of law, any employee, agent or representative of the Government of the United States, its districts commonwealths, possessions and territories, of the several states, or any political subdivision thereof, who betrays his oath of office by willfully denying, or conspiring with another to deny a constitutional right of another person, causing that person to be wrongly defamed, arrested, detained, charged, prosecuted, deprived of his property or otherwise punished, shall be guilty of the crime of Tyranny and, upon conviction of such offense according to Due Process of Law, shall be: removed from office; forever barred from holding public office; shall forfeit his Government pension; shall compensate the victim for his suffering; and shall be otherwise punished as may be prescribed by law, and no such offender shall be immune from civil liability, nor shall any such liability be avoidable under any bankruptcy or other law.

Any prosecutor having knowledge of such Tyranny by a Government employee, agent or representative within his jurisdiction who fails to prosecute such offender shall be guilty of conspiracy to condone Tyranny, and punished in like manner."

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