The Montana Citizens Council on Judicial Accountability presents this retort
in response to recent extra-curricular activities by Judges and Justices, and
recent articles around the state, headlined, “Attorneys gather to discuss
attacks on courts”, or variations thereof. They generally cry foul against
citizens, and legislators alike, who demand accountability from our state
courts, not for selfish wants, wishes, or desires, but to the Laws and
Constitution[s] of We The People. Factually, and contrary to their rhetoric
and lamentations, there are no “attacks against the Judiciary.” The issue
here is a Judicial branch that has systemically refused to observe, obey,
and fulfill the duties and obligations our Constitution, Statutes, and Canon
of Ethics we expressly prescribe.
The Power of a Sovereign People
It is imperative that responsible citizenship become a priority for The
People of a sovereign Republic…IF they wish to remain sovereign.
Too many of us have forgotten the first principle of our liberty: We The
People are sovereigns over the servants in our state government. This
includes our judiciary.
When judges ignore wording such as, “The Court must…” or “The Court
shall…,” this is the advancement of judicially sanctioned anarchy.
Responsible citizenship is necessary to put a stop to this misconduct to
preserve, at our best, a Constitutional Republic, and at the very minimum, a
Representative Democracy. Focusing solely on state government,
especially Montana’s Judiciary, we are neither.
In his book, “The People Themselves,” Larry Kramer, the former Dean of
Stanford Law School, introduces “Popular Constitutionalism,” the theory
that ultimate authority lies with the populace rather than solely with the
courts, and advocating for a participatory approach to constitutional law.
Within this system, the general will of the people influences legal decisions
and policies; the people assume an active and ongoing control over the
interpretation and enforcement of constitutional law. The enemy of this
system is “judicial supremacy.” Sadly, that is where Montana has been for
decades.
It is a misconception that our government operates under “three equal
branches of government”. Montana’s judiciary has been pontificating and
promoting this deception to an unwitting public for years, as they scramble
to hoard the power they have been attempting to steal from The People’s
elected Representatives (the Legislative branch).
The U.S. Constitution established three distinct branches of government:
Legislative, Executive, and Judicial. The notion that our government
operates under “three ‘equal’ branches of government” is a misconception.
Montana’s Judiciary has been promoting this deception to an unwitting
public for years, as they scramble to abuse power and usurp authority We
the People have never granted through the proper employment of our State
Legislature. An independent judiciary, free from political whimsy and
transient causes is healthy, but only within the boundaries established by
the Legislative branch. Montana’s courts have stretched this so far, they
are effectively independent of the Law itself. That cannot stand.
Historical documentation provides irrefutable evidence regarding the
genuine intent of The Framers, which was for the Congress (our legislators)
to be supreme among the three branches of government. This is consistent
with the nature of truly representative government. It is logical to
understand and appreciate why The Founding Fathers, and more
importantly, the Framers, inherently gave the most power to the branch of
government closest to The People.
There is a Latin phrase “Obsta Principiis” which means “to withstand
beginnings, or resist the first approaches or encroachments.” IN OTHER
WORDS, when even the slightest violations of the Constitution appear, it is
imperative we nip it in the bud. As citizens and electors of this Republic, we
have failed (until recently) at this simple but indisputably necessary duty.
John Adams recognized a very important truth: When you allow a
government to chip away at the limits on its power, eventually the dam will
burst. You will have a government exercising virtually unlimited authority,
arbitrary power, and repeated abuses and usurpations. At that point, it
becomes difficult to rein back in. And today, we see this with our state
Judiciary, whose commonplace violations of our Constitution and Statutes
have led to a judicial branch operating well outside of its Constitutional
authority.
Accountability has been Relabeled as an “Attack”
The servants of our state Judiciary are there to perform a job, not promote
divisive rhetoric and propaganda. Yet, many of our licensed Attorneys,
Judges, and Justices spend inordinate time politicking, not for office, but
against legislation aimed at conforming their conduct back to within
established bounds. A superb example of this is a recent “forum” held at
the University of Montana to “address attacks being made on the
Judiciary.” These “forums” are nothing more than a thinly veiled attempt by
the Judiciary to convince the public they “are being targeted” and “are
being attacked” to upend future bills they know will be coming in 2027.
Let this point be made crystal clear to those employed within Montana’s
legal system: Hundreds of hours of testimony from Montanans specifically
regarding abuses by our judicial branch has been delivered to our
legislators. Within this vast amount of testimony, we now have public
record of stunning evidence of dereliction of duty, ethical violations, blatant
corruption, backroom deals, general disregard of ministerial duties, and in
some cases, quite literally, felonious conduct on the Bench by some
Judges and Justices of Montana’s Judiciary.
It is the duty of our legislative branch to investigate, verify, and protect
Montana citizens from this abuse of power. The proper means of exercising
this duty is to pass laws that shield Montanans from those Judges and
Justices seeking to violate the civil liberties established by our Federal and
State Constitutions.
What the Montana State Bar and Judiciary view as “attacks” would be more
accurately defined as The People’s Representatives doing precisely what
we have elected them to do: Listen to the People; and rein in the
Judiciary’s tyrannical lawlessness.
Article II Section 1 of Montana’s Constitution states: “ALL political power is
vested in and derived from the people. ALL government of right originates
with the people, is founded upon their will only, and is instituted solely for
the good of the whole.”
Article II Section 8 then guarantees citizens “the right to expect government
to be responsive to their will” and “to participate in the operations of
government.”
This necessarily includes the right to seek oversight of our judiciary. When
the citizens of Montana see, or are affected by, a judiciary that is clearly
usurping their authority, the People have both a right and a duty to act. Our
Representatives and Senators have their finger on the pulse of the public,
and very well know what needs to be brought forth.
An old adage says, “You know you’re over the target area when the really
start shooting at you.” The judiciary is frantically firing accusations, and
finding it necessary to hold “community forums” in a desperate attempt to
slow the wave of eye-opening education sweeping across Montana. Our
highest law stands as written! Our Constitution is the law. We The People,
the collective sovereigns, retain all powers and authority to enforce it, and
moreover to do so as stringently as WE decide.
If members of Montana’s judiciary prioritized integrity and fidelity to their
Constitutional oath, Statutes, and Canon of Ethics over self-preservation or
participation in politically motivated public forums, the people of Montana
would be far better served. True service lies in upholding the Constitution
and maintaining accountability to the citizens and their elected
representatives.
Press Release provided by MTSCOJA.ORG