The Role of Government
Section 5: The Judicial Government
Once an initiative becomes a law, the responsibility of enforcing law is that
of Judiciary. The writers and participants in a law must not allow the judicial
branch of government at any level to interpret the law. When a law is written,
there must be no room for interpretation. The law must present in letter its
intention in spirit. The Judiciary community cannot be held liable for the result
of enforcing the penalty dictated by the law. Each law must clearly identify all
aspects and interaction created or caused by its existence.
People cannot take the development of a law lightly since the penalty of
disobeying that law, intentionally or unintentionally, will inhibit or somehow
restrict the natural freedoms and rights of an individual. Though laws can be
made for many just reasons, they will always damage an individual’s natural
freedoms and rights.
Any case tried against a law must stand on its own. No merits or weakness
from any other case gone up against the same law will affect the outcome of
the case at hand. An individual has either broken the law and will be punished
according to the penalty included in that law, or they have not broken the law
and will not be punished.
The judicial branch of government will still have to debate each case in the
search for innocence or guilt; however, it will not be a matter of charging an
individual against a smattering of laws. In the trial of a perpetrator of crime,
whatever crime the individual is found to have broke, they will be punished for
that crime. If a person is being tried for killing another person with malice and
forethought; but is found innocent of malice and forethought and found guiltily
still for the death of the other person, the individual being tried will be found
guilty and punishable under the laws concerning manslaughter instead of those
of murder. If a person is being tried and found guilty only under a law
concerning trespassing, but through this trial is found to also have damaged
personal property, the person is then to be punished separately for trespassing
and for damaging the property; so long as the person harmed by the action sees
fit to press the charges.
No crime can be committed against the state. No crime can be committed
against the government. Crimes cannot be committed against a company or an
organization. Just as crimes cannot be committed against these entities, these
entities can also not commit crimes. Only individuals can commit crimes
against individuals. If a group of men belonging to the Black Panthers beat
another man to death, the Black Panthers are not responsible for the death; the
individuals who directly contributed to the death are responsible. If a member
of the Ku Klux Klan burn a church, it is not the Ku Klux Klan responsible for the
arson; it is that one person who set the building on fire. It is not Ford Motor
Company or Anheuser-Busch who destroyed the telephone pole; it is the
individual who drove their vehicle while intoxicated and ran the pole down. It is
not the government who takes away a percent of the money you earn every
year; it is the people who receive the money (Just as it is not the entire ethnic
population that mugs you at the gas station, but that one individual who held a
knife to your face.)
No action that produces no victim is a crime. No action an individual takes
that has no consequence against anyone else is a crime. No person who
explicitly and specifically consents to an action can be a victim of the action.
The fact that the money that bought the bullet that killed your friend originated
from a person who bought heroin from the shooter does not make the heroin
user a criminal; it is the shooter who is the criminal. An unpunishable action is
not a crime. A person committing suicide commits no crime in the act of
suicide; for no person remains to be punished. Attempting suicide is no crime;
there cannot be punishment for failure, for failure proves no action. If a person
attempts to kill themselves by jumping off a building but lives, and in the
process crushed a person they landed on, then the jumper can be punished for
harming the person or jumping off a building that is illegal to jump from; but
they cannot be tried for attempting to do something and failing. If the jumper
dies upon impact, only then can the estate of the actor be prosecuted. From
any action that incapacitates the victim to the point where the victim cannot
choose to press charges or not, the victims representative will make these
decisions in the victims stead.
Doing nothing cannot be a crime. A law requiring a person to act is forcing
the person into slavery.
The government is only a means to an end. Government must not be a goal
within itself. Government is but a method of attempting to attain the goal of
an individual or a group of individuals in agreement with each other over a
particular specific platform. A government is only a tool to be used by
individuals and groups of individuals. There is no control over people that
people do not give each other.
Only through the mutual cooperation can groups of people succeed. There is
no amount of government, or social engineering, or slavery, or penalty that can
force humanity to an accomplished society. The society will inevitably fail.
Though conflict may move society forward, it is only through cooperation that
society will succeed. Only through individuals choosing to cooperate with one
another can an idea such as society exist in practicality. Without choosing to
conduct an action upon their own volition, a person will resent and resist
performing the action in any way that does not cause a penalty upon them; in
some cases penalty is of no consequence. Fear of law cannot sustain peaceful
existence for the majority, for if each individual is afraid the entire population is
afraid. Fear of law cannot rule.
We individuals, we citizens, must not fall under the authority of a
government; government is but the individual’s authority over the governing of
their own actions. The government falls under the authority of the individual.
Representation is what is commonly considered the “government”. The true
government is each individual exercising their authority of themselves.
Representation is the action that the idea of “government” is meant to take, not
control of the population. The government does not control individuals. Groups
do not control individuals. Individuals do not control other individuals.
Individuals control themselves.