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Human Rights Alert

11-12-21 Constitutional Convention? Truth and Reconciliation Commission? Nation Building?

The US Constitution is dead and buried. However, a Constitutional Convention alone, as proposed by some notable scholars, is not likely to provide the desired outcome. You cannot dismiss and/or prosecute the entire class of US and state judges and clerk, banking regulators and banking executives at once. A Truth and Reconciliation Commission should be instituted in the United States, such as have been established in other nations that have emerged from under various types of tyrannies. In fact, what is sore needed in the United States is probably some Nation Building.

View as PDF: http://www.scribd.com/doc/76259715/ There is no doubt that the US Constitution is dead and buried. [i ] As a solution, some notable scholars have proposed the institution of a Constitutional Convention. [ii ] There is no doubt, that there is a need for some amendments, e.g., abolishing Corporate Personhood, before any semblance of civil society can be restored. However, conditions, which led to the previous Constitutional Conventions, were vastly different. Last time around, it was a revolution against the British, and the old, oppressive ruling class sailed back to England. Today, the problem is different. It is the homegrown ruling class, which is corrupt, oppressive, and which has showed its disregard for the law. In situations of this nature, even after adopting a new constitution or a regime change, the old nomenklatura typically comes back as the new nomenklatura. It is impossible to dismiss and/or prosecute the entire class of US and state judges and clerks at once, together with a multitude of attorneys, who are jointly involved in the corruption of the justice system. Likewise, it is impossible to dismiss and/or prosecute the entire class of banking regulators and banking executives at once. Such dynamics were at play in Russia after communism, in Germany after WWII, in Spain after Franco, and in various failed US nation building enterprises. Therefore, if one compares the situation in the US today to that in other nations, one must realize that a Constitutional Convention alone is not likely to provide the desired outcome. Under such circumstances, it was often recommended to establish a Truth and Reconciliation Commission. Since 1973, more than 20 truth commissions have been established around the world, in recent decades in nations that emerged from under various types of tyrannies, for example, South Africa y (1992 and 1993), Chille (1990-1991), Germany (1992-1994). [iii ] It should be noted that already in 2009, Senator Patrick Leahy, Chair of the Senates Judiciary Committee proposed the institution of a Truth and Reconciliation Commission on the US Department of Justice. [iv ]

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However, the scope of any such Commission should be much wider than one government department, although corruption of the US Department of Justice is surely a key to the current situation. In fact, what is sorely needed in the United States is probably some Nation Building.

Boycott the vote! It only legitimizes the illegitimate... [v ]

LINKS [1] 11-06-14 Corruption of the Courts and Failing Banking Regulation in the United States: Dred Scott redux? Hhttp://www.scribd.com/doc/57707808/H [2] 11-06-24 Time Magazine - 4th of July Issue: Does the Constitution Still Matter? Hhttp://www.scribd.com/doc/58665806/H [3] 11-10-03 Execution of US Citizens by Presidential Directives With No Due Process of Law Hhttp://www.scribd.com/doc/67408506/H [4] 11-11-22 Habeas Corpus in the United States - Medieval-Digital Era Hhttp://www.scribd.com/doc/73637132/H [5] 11-12-02 Posse Comitatus Act (1878) and current martial law in the United States Hhttp://www.scribd.com/doc/74572860/H [6] 11-12-05 Criminality at the Top of a Lawless, Bankrupt Nation Hhttp://www.scribd.com/doc/74855757/H ii Conference On The Constitutional Convention, Harvard Law School, September 24-25, 2011. 11-10-06 Tea Party and Liberals Convene at HLS to Discuss Constitutional Convention _ Harvard Law School Hhttp://www.scribd.com/doc/76268079/H iii 02-00-00 Avruch, K and Vejaran, B: Truth and Reconciliation Commissions, A Review Essay and Annotated Bibliography, OJPCR- The Online Journal of Peace and Conflict Resolution 4.2-- 37-76 (2002) Hhttp://www.scribd.com/doc/76262175/H iv 09-02-09 Transcript of Senator Leahy speech, calling for a Truth and Reconciliation Commission in re US Justice Department s Hhttp://www.scribd.com/doc/38472251/H v 11-12-10 Where Should #Occupy Go Next? Civil Disobedience in the Footsteps of Thoreau and Gandhi! Hhttp://www.scribd.com/doc/75348301/H
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Joseph Zernik, PhD Human Rights Alert (NGO)

The 2010 submission of Human Rights Alert to the Human Rights Council (HRC) of the United Nations was reviewed by the HRC professional staff and incorporated in the official HRC Professional Staff Report with a note referring to corruption of the courts and the legal profession and discrimination by law enforcement in California. _______

Flag Counter: 128 Hhttp://inproperinla.blogspot.com/H Hhttp://inproperinla.wordpress.com/H Hhttp://human-rights-alert.blogspot.com/H Total Reads: 680,060 Followers: 1,215 Hhttp://www.scribd.com/Human_Rights_Alert

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HHhttp://twitter.com/inproperinlaH Hhttp://www.liveleak.com/user/jz12345H Total Item Views: 585,338 Hhttp://www.examiner.com/x-38742-LA-Business-Headlines-Examiner H_____________________________ WHAT DID THE EXPERT SAY ABOUT THE CURRENT FINANCIAL CRISIS? * Foreclosure fraud: The homeowner nightmares continue CNN (April 7, 2011) * About 3 million homes have been repossessed since the housing boom ended in 2006 That number could balloon to about 6 million by 2013 Bloomberg (January 2011) * "...a system in which only the little people have to obey the law, while the rich, and bankers especially, can cheat and defraud without consequences." Hhttp://www.scribd.com/doc/50753639/ HProf Paul Krugman, MIT (2011) _____________________________ WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN LOS ANGELES COUNTY, CALIFORNIA? * "...judges tried and sentenced a staggering number of people for crimes they did not commit." Prof David Burcham, Dean, Loyola Law School, LA (2001) Hhttp://www.scribd.com/doc/29043589/H * "This is conduct associated with the most repressive dictators and police states... and judges must share responsibility when innocent people are convicted." Prof Erwin Chemerinsky, Dean, Irvine Law School (2001) Hhttp://www.scribd.com/doc/27433920/ H* "Innocent people remain in prison" * "...the LA Superior Court and the DA office, the two other parts of the justice system that the Blue Panel Report recommends must be investigated relative to the integrity of the system, have not produced any response that we know of..." LAPD Blue Ribbon Review Panel Report (2006) Hhttp://www.scribd.com/doc/24902306HH/ H_____________________________ WHAT DID THE EXPERTS SAY ABOUT THE JUSTICE SYSTEM IN CALIFORNIA? * "...corruption of the courts and the legal profession and discrimination by law enforcement in California." United Nations Human Rights Council Staff Report (2010) Hhttp://www.scribd.com/doc/38566837/ H_____________________________ WHAT DID THE EXPERTS SAY ABOUT THE STATE COURTS IN THE UNITED STATES? * "On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations." Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute (2010) Hhttp://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalertH _____________________________ WHAT DID THE EXPERTS SAY ABOUT THE CONDITIONS IN THE PRISON IN MONROE COUNTY, TENESSEE? * "What goes on there is more like gulags of centuries ago." ACLU Hhttp://www.scribd.com/doc/72546279/ H_____________________________ WHAT DID THE EXPERTS SAY ABOUT THE SUPREME COURT OF THE UNITED STATES? * "More than 100 law professors have signed on to a letter released today that proposes congressional hearings and legislation aimed at fashioning "mandatory and enforceable" ethics rules for Supreme Court justices for the first time. The effort, coordinated by the liberal Alliance for Justice, was triggered by "recent media reports," the letter said, apparently referring to stories of meetings and other potential conflicts of interest involving Justices Antonin Scalia and Clarence Thomas among others." More than 100 law professors, as reported by the Blog of the Legal Times (February 2011) Hhttp://www.scribd.com/doc/49586436/ H_____________________________ WHAT DID CHIEF JUDGE OF THE US COURT OF APPEALS, 5TH CIRCUIT, SAY ABOUT THE US JUSTICE

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SYSTEM? * "The American legal system has been corrupted almost beyond recognition..." Chief Judge, US Court of Appeals, 5th Circuit, Edith Jones, speaking before the Federalist Society of Harvard Law School (February 2003) Hhttp://www.scribd.com/doc/50137887/ H_____________________________ WHAT DID THE CHAIR OF THE SENATE JUDICIARY COMMITTEE SAY ABOUT THE US JUSTICE SYSTEM? * In a speech in Georgetown University, Senator Leahy, Chair of the Senate Judiciary Committee called for a "Truth and Reconciliation Commission" on the US Department of Justice. Transcript of Senator Leahy speech (2009) Hhttp://www.scribd.com/doc/38472251/ H____________________________ As part of efforts for the preservation of our civilization for future generations: A call for proposals, ending January 10, 2012. Occupy Jerusalem-AlQuds - the Party! Late August 2012 Love, Peace, Justice

H H Empowering the People through a dance/music/art/study/pray celebration READ MORE: Hhttp://josephsdream2012.wordpress.com/H VIEW VIDEO: 11-12-12 Oh My God, it's Occupy Jerusalem-AlQuds! Hhttp://www.youtube.com/watch?v=DWTKQkodf7U