The American Guardianship Crisis–#4
American Uniqueness and its flagging moral authority Introduction: Throughout its relatively short history, the United States of America has been a unique governmental corporate entity. Its political thought leaders have declared that it stands alone above all others and has an unstoppable and unassailable manifest destiny. To achieve and maintain that status the United States has used its self-declared moral authority coupled with its economic strength and military might and commitment to law to shape the modern world and especially itself.
But our adherence to law sometimes falters in big ways. As the world’s most powerful nation, we sometimes resort to being belligerent. We have declared war officially on 11 occasions and many other times gone to war unofficially (Viet Nam, Korea, Faulklands, Grenada, Syria) against
- countries that threaten us (World Wars, Iraq and many others)
- politics and policies we disfavor, (War on Terror)
- trade policies we don’t like, (Trade Wars)
- organized crime (War on Mafia)
- drugs that are in disfavor, (War on Drugs)
- poverty itself (War on Poverty)
- and a whole range of other issues and ideas and individuals that we wish to vanquish at any given time by use of our unassailable and unique moral authority.
To be considered legal, declarations of war must be approved by Congress. But since World War two presidents have sidestepped the Law by using the War Powers Act to engage US troops on foreign soil in Korea, Viet Nam, Syria and numerous other places.
The point being, baked into our rigid laws are lots of ways to sidestep those very laws. And that happens a lot in Special Purpose equity.
We also create laws as a mechanism to govern ourselves and our power that reflect the mores of their time. Laws regarding control of select groups (slaves, immigrants, interred Japanese during WW II), and even laws of inheritance all reflected the mood of the country at a given time.
When individuals violate any of the countless laws on our books, we dispense justice in courts of law in cities, counties, states and in Federal and even supreme court. All based on the power of the courts and the belief of the people that they are fair, fully based on moral authority and grounded in written law. That is the American way that gives us confidence and trust in government.
One powerful lever of that moral authority resides in State based “courts of equity” across the country. After Virginia merged the two in 2006, and with the exception of only 3 states including Delaware, Mississippi and Tennessee, technically there have been no specific free standing American courts of equity since 1938– because they have been merged into the broader tapestry of American law courts (Illinois and New Jersey have separate divisions within their unified courts)– many state courts continue to function without empaneling juries in equity type administrative courts. These courts include Probate, Divorce, and Family courts and they have immense power in our society through their ability to function without many of the restraints, trappings and procedure of Law Courts. These courts are unique in that they operate utilizing the wide, almost unlimited latitude of one person and one person only—the administrative Equity judge with essentially no supervision or monitoring and under the full protection of judicial immunity.
This arrangement grants unique and unfettered power to its Judges who do not hesitate to use it—sometimes for good, sometimes not.
Cultural Targets of the Court in History
When the United States has had an actual or perceived enemy or threat to its wealth or power from within the country, the government, writ large, has resorted to a tactic that continues to this day that leverages the ability of powerful unfettered equity courts to respond predictably and effectively to vanquish the perceived enemy from within —the Equity system.
Since its inception, whether it was unacceptably wealthy native Americans, state supported orphans, “mental defectives”, human threats to the precious American gene pool, unacceptably poor homeless people or returning injured veterans who are a burden on the economy, American equity type courts and especially Probate Court (and more recently D/F) have stood ready to mete out ways to neutralize outliers to our ever changing subjective normative values. These courts and the BAR Esquires who inhabit them are the blunt force instruments used by the powerful to wage war on ourselves in which black robed administrative hearing officers become judge, jury and executioner against the vulnerables among us even as they ignore their conflicts of interest, self interested manipulation of endless inscrutable laws and indefensible relationships with other court insiders.
The unparalleled cudgel of the equity courts is their ability to take advantage of stripping away the God given rights of innocent adult individuals or to capture and exploit highly vulnerable children who have no constitutional rights till the age or majority. Our founding documents state clearly that our human and civil rights are given to us by God, not government- but equity can take all those rights away under the guise of protecting them. Though no one has ever satisfactorily explained why it is necessary to take away a person’s rights in order to protect them, this act is the common denominator and the driver of some of the worst abuses ever imposed on unsuspecting Americans emanating from equity courts.
Today the targets of these courts include innocent Americans who fall into three main categories:
- Allegedly “incapacitated” older persons who no longer contribute to the American economy
- Failed Marriage partners who fail to fulfill court imposed money obligations
- Progeny of divorce (especially poor ones) in the adoption and foster care systems