Constitutional Emergency


     In the spirit of the speech by the so called leader of our country, I am writing to update you on the states of our union. The state of our union is in peril. Our third branch of government, the judicial branch, is in the process of being violated. In case you missed the story on the news I will give you a brief synopsis. In a two minute blurb the States Attorneys General of the 50 states announced that they were on the brink of a settlement with five major banks. The settlement is in regard to the Attorneys General investigating the mortgage industry violating the procedural laws in foreclosing on homes in the US.

    The essence of the settlement is that the five major banks will pay a total of 25 billion dollars to settle the fraud claim. This money will theoretically be distributed to the states equally. This ends up being about a half billion dollars for each state. This money is distributed to the states under the guise of compensating the individuals damaged by the banks. which on the surface this seems like a good settlement, until you look at the ramifications for the individuals whose due process rights were violated. In reality the states will get a half billion to spend however they want and not one person who was damaged by these illegal practices will be compensated.

     Due process rights of the individual are the cornerstone of our constitutional form of government. Due process is governed by procedural laws upheld by our court system. The procedural laws are based on bills written by our legislators, voted on in two houses of congress and then signed into law by the President. Once these laws are passed, they are upheld by the judicial branch of our government, provided of course, that these laws are deemed to be constitutional.

     Foreclosure laws demand that the foreclosure procedure be followed to the letter. The banks have entered false documents in order to expedite the foreclosure on hundreds of thousands of homes. Each false document is a separate crime, yes I said crime. The crime is perjury. Each offense is punishable by fines and jail time. Ordinarily if a person is denied the right to due process in the manner in which the banks have denied them, the damaged party could seek remedy in a court of law. Because the actions of the bank were so blatantly fraudulent and intentionally meant to harm the person, the law considers this evil intent. This means that the person whose rights were violated has the right to not only seek actual damages, but they have the right to seek punitive damages as well. Punitive damages could amount to hundreds of billions perhaps over a trillion dollars if you take into account how many individuals were damaged. If the action rose to a class action, which is very likely, I suspect that the actual damages alone would amount to far more than the 25 billion that the government is willing to settle for.

     The problem the states see with this scenario is that the states governments would not receive any money from the settlement, if it were to be tried in a court of law with private citizens suing the banks. I would venture to say, that in this day and age, if a jury were to decide this case, the news flash would be that this is the first time in history that a jury has awarded more than a trillion dollars in damages. Unfortunately we will never know because the states governments are going to take what amounts to a bribe of 25 billion dollars to protect the banks from any further litigation in regard to this case. The end result of this settlement will be that the banks are limited to 25 billion in losses. Now they can cut their losses and go on with business as usual. The problem I see with this scenario is that the individuals who were actually damaged by the actions of the banks have no more recourse to find remedy in the court system.

      As I said, the state of our union is in peril. The founding fathers forged a system of government with three separate but equal branches. These branches are separated for the purpose of checks and balances. This separation is sacrosanct. When the branches of government collude to extort money from the banks and promise to protect them from further litigation; the damaged individuals lose their right to due process. In essence, the state governments will receive 25 billion which will be distributed to the states while the people harmed will receive nothing. Instead of protecting the individual rights of the people, the government has decided to go into the protection business. They’re no better than organized crime families who extort small businesses for protection money.

     Where are the protesters? Where is the OWS movement? Why aren’t the streets filled with signs decrying INJUSTICE. This action by the states is more of an outrage than the actions of the banks. We expect the banks to skirt the law, but we do not expect this from the government that was set up to protect us. Let this serve as a warning to anyone who loves our constitutional form of government. When we can no longer depend on the government, more accurately the courts to protect us and meet out justice, we must seek justice by any means available.


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