POT-HOTLINE
(609)893-9168
                                        Email njweedman@yahoo.com
 
 


 

                RELIGION- MARIJUANA- ABORTION

August 1st, 2000

   In the last couple of weeks due to Al Gore’s choice of a running mate (Sen. Lieberman) religion has become a major issue in the upcoming election’s. I personally think Al Gore shot himself in the foot, the Christian/catholic majority of this country will not elect a Jew to be vice president, and will in no way accept his as  president in the future. Religious freedom doesn’t exist in this country, it’s a feel good statement for Christians. This may seem to be a shocker or a false statement to most but I assure you it’s true. Religious freedom in this country is extended only to religions acceptable to the majority Christian/catholic faith. Only religion’s, and religious practice’s acceptable to those christians are allowed to be exercised freely.

  I myself belong to a minority religion ( A illegal religion ) and my choice of my faith has made me a criminal, in much the sameway individuals like William Penn, or John Bury from wood England (woodbury’s NJ name sake) were made criminals in England for thier’s belief’s.  In the 1600’s England passed laws, mandating that everyone follow the KING’s religion. In this country our Christian law-maker’s ban practice’s and belief’s that don’t conform to their belief’s, just as the KING did.  Christian’s have made their belief’s law. Take the Mormon faith, which had followed old testament belief’s, and sanctioned polygamous marriage’s . The Mormon’s had fled religious persecution in the east and the mid-west, to settle in mass in the Utah territory. When the citizens of the Utah territory applied to become a state, the US congress forced them to outlaw polygamy, despite the 1st amendment’s decree “ Congress shall make no law respecting or infringing upon religious freedom”, in order to become a state.

   Muslim men are forced to cut off thier beards, to be employed by state or federal agencies.  Currentedly dozens of NJ state correctional officer’s are suiting the state of new jersey to keep thier beards.  What right does a government agency have telling a person to shave, forcing them to violate their belief’s. 

  Christian law maker’s during the Alcohol prohibition made exemption’s for Christian/Catholic’s to have alcohol (WINE). Yet now during the marijuana prohibition these same Christian’s make no exemptions for rastafarian’s, or coptic christian’s to use marijuana, or Native American’s to use Peyote. Certain religion’s are illegal in this country, i.e. (move, Branch Davidians) I happen to follow one as well. RASTAFARI in which marijuana is as much a sacrament to us as wine is to Catholic’s.  I am a criminal because a major aspect of my religion was madeillegal by the law maker’s the follower’s of Christianity, I’m entitled to choose my own religion. I’m not a drug addict, I use marijuana, a plant put here by “GOD”, it is not a drug. I don’t use drugs. Only natural herbs, of which marijuana is the greatest. 

  In 1484 POPE INNOCENT VII : banned marijuana with a religious decree: calling cannabis, the devil’s weed,and Satan’s herb. And religion’s that use cannabis satanic cult’s.  The current prohibition on marijuana is a direct result of this religious decree. Christian/catholic  law-maker’s still to this day enforce this religious ban with US law, again despite our constitution’s guarantee of religious freedom. I was born a Christian but I rejected Christianity around the same time I stopped believing in Santa clause. I explored Islam for a while, and as a adult choose RASTAFARI. This is my choice. No government has the power to make me believe one religion over another, I have the right to believe what I want.* The US Constitution ,* the NJ Constitution , and the *UN Human right’s declaration which the US signed in 1948 also say’s this. * The 1964 civil rights act also protects against religious persecution, you’d think I’d have help from the NAACP but most NAACP member’s are Christians too. They are taught marijuana is a sin. This is why you'll never see loudmouths like Al Sharpton helping me even though I'm black and feel I'm being discriminated against. 

  The herb marijuana is one of the greatest natural medication’s on the face of the planet but Christian’s in following their belief’s have ignored, lied about and outright refused to acknowledge this. The Burlington County Family court took my daughter from me because I prefer to use safe natural marijuana instead of Christian acceptable chemical drugs.  You think we have religious freedom, I had my daughter taken from me for admitting to following my faith and using a natural substance.  I have no visitation no custody no nothing because of my belief’s, in this so-called free country. What’s ironic is it’s perfectly legal to murder (abort) you kid, but to use marijuana you can have your kid taken.  Church pews are filled with women who murdered their kids, but it’s legal so they can have more, and are allowed to keep the live one’s. 

Edward Forchion - njweedman@yahoo.com 
_________________________________-footnotes-_________________________

* On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the
Universal Declaration of Human Rights . Following this historic act the Assembly called upon all
Member countries to publicize the text of the Declaration and "to cause it to be disseminated,
displayed, read and expounded principally in schools and other educational institutions, without
distinction based on the political status of countries or territories." 

Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom
to change his religion or belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching, practice, worship and observance
Entire UN Human Rights declaration can be found at  -- http://www.un.org/rights/50/decla.htm

------------------------------------------------------------------------------
*US CONSTUTION - Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the government for a redress of grievances
-------------------------------------------------------------------------------------------------
*NJ CONSTUTION ARTICLE 1 (3)
3. No person shall be deprived of the inestimable privilege of worshipping Almighty God in a
manner agreeable to the dictates of his own conscience; nor under any pretense whatever be
compelled to attend any place of worship contrary to his faith and judgment; nor shall any person
be obliged to pay tithes, taxes, or other rates for building or repairing any church or churches,
place or places of worship, or for the maintenance of any minister or ministry, contrary to what he
believes to be right or has deliberately and voluntarily engaged to perform

----------------------------------------------------------------------------------------------
*Title VII of the Civil Rights Act of 1964
 Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears
in volume 42 of the United States Code, beginning at section 2000e. Title VII prohibits
employment discrimination based on race, color, religion, sex and national origin.
 


   For 63 years our government has been lying to it's people about marijuana. The US government lies about the benefits of marijuana the peoples drug, in the exact same way the US tobacco companies lied about the dangers of tobacco (the Government drug). 400,000 us citizens die of the government drug every year, hundreds of thousands more are ravaged by it's disease. Yet, the government calls Ganja dangerous, No one dies of marijuana, in fact most people use it to enhance their lives. I can personally attest to this!

  Some people use it for spiritual or self- treatment of personal ailments, most use it just to feel better. Which isn't a bad thing anyway, unless your a Republician moral majority type who seem to be so bored and angry all the time anyway. 

  They always use their kids as shields, if they realize you know the truth. Using kids as a shield in a argument is as cowardly as using a kid to protect you in a fight. The truth is eventually kids are going to ask why does the government lie so much about marijuana, and try it! STUPID-  Do you remember the story about the naked KING, nobody said anything. The Kings servants lied to him constantly about his clothes, it was a kid that finally said the "KING has on no clothes"!  I'm no KID but I've been saying it since I was a kid! The Government is lying about Marijuana!

  I say to parents stop lying to your children, marijuana is not a problem the law is, your kid knows it! - I say to my own kids, look at what the government is doing to daddy, because daddy like's herb instead of grape, my life's been ruined by the law not marijuana. That's why I wantto beat it, (The Law) I flat out want to win, not the election, I want to beat the law with a jury of my peers. I will not accept any form of a plea bargain. 
(I my opinion, plea bargains are a illegal act of Bribery by the State, to get citizens to give up their right to a Jury trial

  Is marijuana addictive:
This is where the government makes it's biggest lie

No.

  70 million people admit to smoking marijuana at some point in there lives. Have you noticed how many people smoke marijuana when they are young but as they get older they stop, or slow down. If it was addictive people would continue to use it for decades like tobacco user's do! Many of you right now reading this know I'm telling the truth

 I remember when I was a teenager the friends that tried tobacco and liked it now are reaching their 20th year smoking tobacco , they are starting to worry about cancer, that one or two day drag has now become a 30 or 40 cigarette a day habit. They are tobacco addicts- While the kids who started out liking marijuana as I did, smoke a joint or two a day, frequently going weeks without, tobacco addicts can't do that. The only reason a pot heads can is because marijuana is not addictive. Everyday I talk to people who say they haven't had a joint in years but can't shake the Federal Drug tobacco

  Gateway drug- Bullshit, this is the cruelest of lie's. Marijuana doesn't cause you to try another drug. Maybe the lie's of government may contribute to that though. The government lie about marijuana being dangerous is quickly dispelled by youths who try it. Now the boogie man lie of government confronts them. They know the truth! Marijuana is nowhere near the danger that has been told to them repeatedly, usually by idiot's in programs like D.A.R.E. Then they believe the government lied to them about cocaine or heroin. Guess what that's were the government doesn't lie, but by the time they know it, their hooked. The government lie's about marijuana directly contribute to individuals trying cocaine and heroin (Hard Drugs). 

   Just the fact that it is illegal and not sold in store's or Pub's create's a situation where the only place to get marijuana is from the criminal eliment. Who have all sort's of drug's.
You see again the governments irational approach to marijuana endanger's our youth, it doesn't protect them.  It actually puts them in close contact with hard drugs. Just look at the success of countries who treat marijuana differently, (Holland, Sweden, Germany etc,etc.)

   The War on drugs is a sham, a lawyer sham. 
   A big money making legal slavery sham!

The government has absolutely no way of ever winning the war on drugs. First it's not a "war" on drugs, it's a war on freedom. How can this be a free country and the government regulates our bodies. This is my body, nobody or nothing but me has the authority to regulate the intake of my body. I freely choose to ingest marijuana into it.  The government has absolutedly no legal authority to regulate my body, if I want to put marijuana into it I shall. And as long as I remain free I shall do so. And if it's a "WAR" why isn't the government winning, because it can't. It doesn't have the will of the people, the people want the drugs.I know I do.

Lawyer's make the laws so other lawyers can profit. In this countries "War" it's the lawyers who are the NAZI's. The Lawyer's feed off other people's misery, this "war" they created has caused a lot of misery.

  Sooner or later the people are going to end this "war". They are going to just stop convicting. Unless those Republican moral majority nuts take away trial juries that is how the war is going to end. Before you think I'm crazy, to think they might try something as un-American as that, remember just last year (1998) the republican party was responsible for nullifying the results of two american elections. And very few people enen noticed. 

(1) In the nations capital, initiative #59 that would have legalized marijuana in DC for medical reasons was nullified by congress, and 

(2) the state of colorado refused to count the votes on the legalization of marijuana bill voted on by the people.

And it goes even further than that, In Sept 1999 (r) Sen Diane Feinstein-cali., and (r) Orrin Hatch -utah. Proposed a bill that would outlaw website's like mine, that talk about drugs, or show people how to grow marijuana as mine does. 
 

The Legalize Marijuana Party - 
Homepage - http://www.njweedman.com  - 

You can't change a law now, either look at California, and what the moral majority are doing to the will of the people of California. The people of California voted to legalize marijuana, the government ignores the law and continues to arrest and threaten. Trust me it's not the Drug Warriors, it's not the individual state trooper, DEA Agent, it's the LAWYERS who head up the state and federal prosecution departments, they are trying to continue the "War" for the sake misery. Continue the war, continue the misery.--- continue to get LAWYERS rich at the expense of others freedoms. The only way to remove the lawyers from the law is to advocate Jury Nullification as a way of changing laws.Those are lawyers (JUDGES) signing those arrest warrants-- not cops.(They're are dogs not pigs-- they fetch who and what the lawyers want like a dog repeatedly getting a stick, never once asking why?) 
 
 

              JURY NULLIFICATION

  The people are going to resort to the ultimate people's weapon. Jury Nullification. I don't care how many politicians you talk to, none of them can say when the "war" is going to be won or ended. I say it never should have been started, it's long over due and this is how to gain a cease fire. Stop convicting. These politicians aren't going to say it but I will- The people can win easily, 
through Jury Nullification. Government workers will lie and say the people as jurors have no such power to nullify, I'm telling you yes they (WE) do. The power to nullify is entrenched in our constitution, through the fifth, sixth and seventh amendments. I say to all individuals who wish to see the war ended serve on a jury, utilize your rights as a juror and judge the law as well as the evidence, if the law goes against your conceince then acquit, especially a marijuana defendant. The marijuana laws are wrong and you have every right to Judge the law as well as the evidence. 
 In my case Asst State Prosecutor John T. Wynne, in a response to one of my arguements had to admit that Jury Nullification was legal. ( " Althought Jury Nullification is constitutional permissable Mr. Forchion should not be allowed to argue this before a Jury." - May 20th, Camden County Superior Court before Judge Freeman)
 

The Marijuana law's are wrong!
You can END the WAR. 

You have to register to vote, do not trash the jury duty notice, young blacken you can keep yourselve's out of jail just by registering in large numbers and trying your best not to be booted from the jury pool. You're the prosecutors worst nightmare a jury pool full of
" nigga's". This applies to everyone, but sometimes I bring up issue's from angles as I see it from, the race issue is always here so  I talk about it. That's not my hang-up but I will bring it up from time to time. I'm not a bigot, I'm a lawyer hater! Both black and White!

Hundreds of thousands of citizens are in POW camps (prison)  for knowing the truth. 
That Marijuana is a good benifical "God grown" plant!
End the "WAR" through Jury Nullification. 
 

The government can't win this war on us only "we the people" can! 



 

The War on drugs is a failure!

 
 
  It's a failed policy!
         End The "WAR ON DRUGS"

   The "war on drugs" approach to preventing drug addiction has proved not only useless and enormously expensive, but also unjustifiably and unbelievably cruel in its application to the unfortunate drug victims. The use of criminal prohibitions is profoundly wrong in principle, generally ineffective in practice, and has created problems that the drugs themselves were powerless to create. Criminal prohibition is profoundly wrong in principle because the state has no business using its police powers to punish adult individuals for what they decide to do with their own minds and bodies.

   On the most basic level, the state has no legitimate power to send me to prison for eating too much red meat or fat-laden ice cream or for drinking a few beers or glasses of wine each day. This is true in principle even if an excess of red meat and ice cream demonstrably leads to premature heart attacks and strokes. Fat people like Judge Maria S. Bell in Burlington County court should be imprisoned and forced to lose weight, not only for her benifit but to also remove her example of obesity for the eye's of Children. Who may grow up thinking it's OK to be FAT. ( See Judge Bell)

The police power of the state is legitimately used to prevent one citizen from attacking another, or to punish him if he does; it is illegitimately used to prevent adults from managing their own bodies and minds, or to punish them when they do. The only purpose for which state power can be rightfully/legally exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. These so-called marijuana laws are illegal in that they are designed to prevent people from regulating their own bodies with this natural product. 

  Although criminalization has not made drugs less available, it has assured that they would be available only under the most dangerous and violent circumstances. And most of the violence is not due to the pharmacological influence of drugs but to the illegality of the market that is created by the law. Al Capone did not shoot people because he was drunk and drug dealers do not shoot people because they are high. 

  They both settle commercial disputes with violence in the streets because prohibition permits no other option. Criminalization does not deter commercial transactions; to the contrary, it enriches criminals and attracts an endless parade of new entrepreneurs due to the prospect of stunning profit margins. Criminalization does not help addicts. The huge amount of spending on interdiction and other law enforcement detracts from our ability to provide treatment on demand to all those who want it. Three-quarters of the swollen federal drug policy budget remains devoted to law enforcement, much of it to interdiction, despite the fact that no serious student of interdiction thinks it has worked or that it can work. 

  Federal criminalization has clogged the federal court system and, according to Chief Justice William Rehnquist, is having deleterious consequences for the administration of justice. Our 85-year experiment with criminal prohibition of drugs, and the esca- lation of that experiment since 1980, has not solved the problems it was meant to solve and it has created other serious problems resulting from the excessive and unprincipled use of the government's police power. Criminalization has eroded the Fourth Amendment creating in effect what Justice Thurgood Marshall once called "a drug exception" to the Constitution. It has resulted in widespread urine testing, what Justice Antonin Scalia has called "an immolation of privacy and human dignity." It has led to an unprecedented explosion of racially skewed incarceration. Despite the fact that most drug users are white, most of those arrested and imprisoned are people of color. TRUST ME THIS IS NO ACCIDENT - The War on Drugs is a legal way to enslave . It's just a means to commit legal slavery!

Drug prohibition has become an engine for the restoration of Jim Crow justice. (LOCK UP THE NIGGA'S) It has led to the spread of AIDS, a genuine public health disaster, because of prohibition on the availability and distribution of clean needles. It has violated sound medical practice by restricting the use of methadone as a prescriptive medicine and by interfering with the management of pain, wasting syndrome and glaucoma by barring the medical use of marijuana and by resisting the scientific research that would go beyond anecdotal evidence. It has swept away the right not to have your property taken without due process of law, though the extensive use of civil asset forfeiture, a practice one leading historian has called a government "license to steal." It has established a pretext for racial profiling on our highways, in our airports, at our customs checkpoints and on our streets that are based not on evidence but on skin color. Above all, criminalization has intruded the state into that zone of personal sovereignty where the state should never be allowed to go, at least not in a society that calls itself free. By failing to distinguish between users and abusers, the government has demonized all drug use without differentiation, has systematically and hysterically resisted science and has turned millions of stable and productive citizens into criminals. While beer or alcohol user's aren't imprisioned just for possesion of alcohol, other drug user's are. A alcoholic has to break other laws to be subject to government intervention, while Potheads are imprisioned just for having it. 

   The Hippocratic principle that governs medical practice is: "First, do no harm." Criminal prohibition has, since 1914, done immense harm, without achieving its stated goals. It's time to initiate a serious and extensive study of drugs, their benefits and their harm, and the proper role of government in mediating such harms as may exist. I believe such an inquiry, fairly conducted, will lead to the conclusion that criminalization was a mistake, and that both freedom and safety, as well as a concern for addicts, require the abandonment of criminal prohibition and the development of a differentiated and appropriate regulatory system to control the availability of drugs. 

Click here now!

Edward Forchion
LMP of South Jersey 
 


 
 

Guest Editorial
The Dr.'s so on target I had to print this!


Steven Fenichel, MD
420 West Church Street
Absecon, NJ 08201
e-mail  anadi2000@earthlink.com

April 2, 2000

Editor
 

Dear Editor
 This letter is in response to an article, in a Philadelphia newspaper on March 31, entitled Ex-Executive Admits To Gardening Pot. (Click here to read)

 Al Gore and Bill Clinton are self-confessed pot users.  G.W.Bush has been outed as a cocaine head.  These hypocritical drug warriors are shattering the lives of millions of responsible adults who have a God-given right to choose Marihuana over Martinis.  What is their vision of a Drug Free America?  Millions in prison or slave labor, and only enthusiastic supporters of government policy allowed to hold jobs, attend school, have children, drive cars, own property.  News media and public interest advertising telling us this is the America for which all good citizens yearn.

 What harm was being done by the Executive growing Cannabis in the privacy of his own home?  The system, which placed him on a year’s probation and is legally stealing half the equity in his $350,000 home, is the real criminal.  No different than the judges in the 1930s Germany, the American judge only looks to see if the proper authority issued a law.  Insane laws against the Jew in Germany and insane laws against the drug user in America are the same roads to the Totalitarian State.

  This Executive earning more than $1M is an exception, for most of the drug war’s victims are poor.  More than two-thirds of the 2 million American prisoners are the poor, caught up in the drug war’s evil web.  Most never had a trial but were intimidated by the Prosecutor and agreed to sign away their lives in a plea bargain.  America, Land of the Free has the dubious distinction of jailing more of its citizens per capita than any other nation in the entire world.  The largest growing prison population is young women leaving behind their young children.

  In America it seems people are embracing an illusion-filled myth and keeping their eyes tightly closed to a very unpleasant reality- our country is losing its soul as well as her Bill of Rights in pursuit of a failed drug policy.
Sincerely,
 

Steven Fenichel, MD
 


 

LEGALIZE? OR REPEAL?

 "He that would make his own life secure, must guard even his enemy 
from oppression, for if he violates this duty, he establishes a precedent 
that will reach himself."
 -- Thomas Paine

 The moral abomination we know as the War on Drugs has acquired a 
counterfeit legitimacy. It has gone so long unchallenged that it has become an 
 institution. Although the true nature of this monstrosity is now plain 
for all to see, once an evil institution is firmly established, it is very 
difficult to destroy it. Especially since so many unprincipled 
parasites and predators have become financially dependent upon it.

 Nothing less than an across the board repeal of prohibition is morally 
 acceptable. It would be a fundamental error to "gratefully" accept a 
token legalization. To do so would be to concede that government sanctioned 
 prohibition has constitutional legitimacy. It does not! It does not 
because prohibition violates the sovereignty over his own body that is the 
birthright of every human being. Prohibition is repugnant to the spirit of 
America's fundamental legal source - the Declaration of Independence. It is 
appalling that so many so-called intellectuals have missed this vital truth. It 
shows that America cannot rightly claim to be a nation with an unshakable 
 philosophic commitment to individual rights. Why have we forsaken our 
 birthright?

 Hypocrisy comes easy to most folks. It is easy to moralize about human 
rights violations occurring in other nations while giving support to 
violations in ones own neighborhood. By now, virtually every American who has not 
himself fallen victim to the drug war has a respected friend, acquaintance, or 
 relative who has. Yet, like craven cowards, we continue to acquiesce 
in this persecution and extortion by arbitrary law.

 To be half free is to be half enslaved and one cannot be both free and 
 enslaved. In man's enduring War on Tyranny there can be no half 
measures and no substitute for victory. Nothing less than an across the board 
repeal of prohibition is acceptable.

 Prohibition is, quite simply, unconstitutional.

 Bastiatlaw@aol.com

------------------------------------------------------------------------------
 -----------

 THE CONSTITUTION'S ACHILLES' HEEL
 "To regulate Commerce with foreign nations, and among the several 
States."

 The Constitution's commerce clause is the Constitution's Achilles' 
heel. It is the gateway to evil laws. Exploited by criminals in Congress, and 
their criminal underwriters who occupy judgeships, it reverses the roles of 
the American People and their government. Instead of protecting the people 
from the excesses of the government itself, the government now shields 
itself from the limitations set by the unalienable rights of the Citizen. In spite 
of  historical evidence, the fact that political freedom and economic 
freedom are inseparable evades us still.

 The easily misused commerce clause encourages intrinsically criminal 
 legislation. The Framer's mistaken assumption that posterity would 
share their respect for principles continues to bring suffering into the 
lives of Americans hobbled by ignorance. Ignorance is the gateway to slavery.

 Drug prohibition is rooted in Congress' fraudulent use of the 
Constitution's commerce clause. By fraudulent use of the commerce clause, criminals 
in Congress have made statutory criminals of persons who have committed 
no real crime. Congressional fraud gives political and judicial predators 
criminal license to prey on harmless citizens.

 America's Judges have become the administrators of revenue collecting 
 agencies called courts (OUR courts). They have been instrumental in 
causing much of law enforcement to degenerate into a Gestapo. In one form or 
another the rabid lifestyle police are virtually everywhere, spying, lying, 
and violating the Bill of Rights for excitement and profit. These morally 
 bankrupt merchants of misery clog the courts with things that are 
 unnecessary, unprincipled, unjust and downright evil. Those of us not 
favored by the Establishment are fair financial game for these unprincipled 
thugs that make and retrieve the kills for the rest of the judicial industry 
to feast upon.

 Bastiatlaw@aol.com

------------------------------------------------------------------------------
 ------

 IN THE LIGHT OF OUR FUNDAMENTAL LEGAL SOURCE
 (The Declaration of Independence)

 'He has refused his Assent to Laws, the most wholesome and necessary 
for the public Good."

 Rather than Assent to the Bill of Rights, Congress and the judges have 
 imposed laws and doctrines upon the People that are in stark 
contradiction to the just principles supporting human freedom. Congress has created 
 unconstitutional laws by fraudulent employment of the Constitution's 
commerce clause. Are congressmen aware that fraud is intrinsically criminal? We 
pay them to know such things.

 Legalize? Nonsense, I say. Why beg for the return of something that 
 government had no right to take away in the first place? Those who beg 
for legalization are conceding that government has the right to prohibit. 
It does not, and it never did. The Pursuit of Happiness is not a crime - it is 
a secured right.

 "There are a thousand striking at the branches of evil to one who is 
striking at the root."
 - Henry David Thoreau

 Fraudulent employment of the Constitution's commerce clause by the 
 Legislating Looters has caused the evolution of a Judicial Industry 
that continues to grow more vicious and greedy with every law-extorted 
dollar. Fraud and extortion are intrinsically criminal. Choosing alternatives 
to highly toxic ethyl alcohol is not.

 Now that you know who the real criminals are, forget about begging for 
 legalization and DEMAND the repeal of prohibition.

 "That among these are Life, Liberty, and the Pursuit of Happiness."

 The qualifier "among" acknowledges unalienable rights not yet 
recognized. An individual's right to his life is the primary right, while liberty is 
the value that makes all other values possible. How could one possibly 
pursue happiness without being at liberty to do so?

 The Pursuit of Happiness is a constitutionally secured right. Neither 
 legislation nor judicial construction can make it criminal. However, 
much of our constitutional liberty is already lost to unjust laws created by 
 legislating looters, judicial parasites, and well meaning fools.

 Unconstitutional laws have cast us into a pit already filled with 
legal vipers. These laws must be repealed outright, not merely altered or 
nullified by more needless laws. It is better to remove mines than to 
manufacture artificial limbs.

 Freedom to pursue happiness means that each individual is at liberty 
to spend, or expend, his own life in any way he chooses, free from 
restraint or coercion. A person even has the right to terminate his own life when 
he knows that it is in his best interest to do so.

 Responsibility for an individual's happiness is personal. The only 
rightful role government plays in an individual's happiness, is, to protect him 
from force and fraud. Unfortunately for the People, government and the 
 Establishment that it serves are now the worst offenders.

 When petitions for a redress of grievance are consistently ignored, 
the right to rebellion is legitimized. Redress today must include financial 
remedy for the victims of laws created by fraudulent interpretation of the 
 Constitution's commerce clause.

 Bastiatlaw@aol.com

------------------------------------------------------------------------------
 ----------
 An open Letter to the Citizens of the American Republic
 (America's most dangerous enemies are legislators and judges.)

 Fraudulent use of the Constitution's commerce clause has given 
legislating and judicial criminals the power to punish arbitrarily selected 
personal vices and pleasures. Intrinsically criminal fraud makes America's 
legislators and judge's criminals. From a constitutional point of view, there is 
not one legislator or judge in all America who is philosophically fit to 
serve, and not one media columnist or editor who has the moral fortitude to 
propagate the WHOLE truth.

 We are living in a LEGALOCRACY i.e., a nation ruled by lawyers, career 
 politicians, and lawyers who are career politicians who impose 
arbitrary laws that go unchallenged by the People. Unfortunately, we hear much about 
 "corporate welfare" and absolutely nothing about "welfare" for the 
evil Judicial Industry. At least the drug dealer/entrepreneurs give you 
something  for your money. By contrast, America's legal system is little more 
than an evil extortion racket that can legally arrest, impoverish, and even 
imprison a Citizen of the Republic even though he has done nothing 
intrinsically criminal. The so-called crime is having chosen an alternative to 
highly toxic ethyl alcohol or having chosen to relieve personal suffering by 
exercising  the unalienable right to self-medication with one's drug of choice.

 The Declaration of Independence is America's fundamental legal source 
and the Pursuit of Happiness is not a crime. We, the Citizens of the American 
 Republic must stop snapping at the heels of the Evil Establishment and 
go for the monster's jugular. We must DEMAND the repeal of all laws that are 
 repugnant to spirit of the Declaration of Independence.

 The Legislating Looters who make fraudulent use of the Constitution's 
 commerce clause, and the Judicial Despots who underwrite their crimes, 
must  be served the justice they have earned. Those who knowingly profit 
from laws that are in fact intrinsically criminal must be included. 
Unconstitutional prohibition is the linchpin for the tyranny apparatus that is 
systematically destroying constitutional American liberty. The legislators and judges 
should get down on their knees and beg - yes beg - the American People not to 
hang them for the crimes they perpetuate.

 WE, the Citizens of the American Republic must abandon support for 
political  parties and unite for Constitutional action. We, the People must learn 
to  wield the undistorted Law of the Land without interference from 
members of the sinister, secretive, and monopolistic Brotherhood of the Bar.

 THE FOURTEENTH AMENDMENT

 "No State shall MAKE or ENFORCE any law which shall abridge the 
privileges or  immunities of citizens of the United States; nor shall any State 
deprive any person of life, liberty or property, without due process of law; nor 
deny any person within its jurisdiction the equal protection of the laws."

 The Fourteenth Amendment is a legal weapon just waiting to be used by 
the  People. It is a morally unassailable declaration that individual 
rights are the premier consideration of American law. It is America's fundamental 
writ of mandamus.

 To learn more about the criminals who perpetuate the destruction of
 constitutional American liberty contact:

 Tinsley Grey Sammons
 SelfSovereign Publications
 Email: BASTIATLAW@AOL.COM


 
 

FROM WELFARE STATE TO PRISON STATE
Imprisoning the American Poor

By Loic Wacquant, Lecturer at the University of California, Berkeley
Le Monde diplomatique
July 1998 (Translated by Julie Stoker )
 

Prisons in the "free world" are full to bursting point, and fullest of all
are US jails.  Over the past twenty years, exacerbated by ever increasing
inequalities, preoccupation with the virtues of law and order has led to a
toughening of penalties.  Worst hit have been those excluded from the
"American dream".  The US is constantly tightening its social welfare budget,
but its generosity knows no bounds when it comes to controlling and
incarcerating those whom it has deigned neither to educate and care for, nor
provide with housing and an adequate diet.  "Realism" and "combating
insecurity" are the reasons cited by those who now call for "an eye for an
eye" in an attempt to justify criminalising the poor.  This US model is now
taking hold internationally, and in some countries in Europe it even seems
to be attracting a number of leaders on the left - despite the fact that
prison is not the only method of punishment.

Just as in those heady post-war days, Europe's political elites, bosses and
opinion-formers are looking to the United States with fascination and envy,
largely because of the performance of the US economy.  Allegedly, the key to
US prosperity and the supposed solution to mass unemployment is simple: less
intervention by the state.  It is true that the United States - and in its
wake, the United Kingdom and New Zealand - has slashed social welfare
spending and pared down the rules on hiring and - above all - firing so as
to establish "flexible" working as the norm in relation to employment and
indeed citizenship.  It is easy for advocates of neoliberal policies that
involve stifling the welfare state to claim that introducing "flexibility"
has stimulated an increase in wealth and job creation, but they are more
reticent about discussing the consequences of wage dumping: in this instance
widespread social and physical insecurity and a spiralling in inequality
leading to segregation, crime and the decay of public institutions.

But it is not enough to measure the direct social and human costs of the
system of social insecurity that the US is proffering as a model to the rest
of the world (1).  There is also its sociological counterpart: a boom in the
institutions that compensate for the failures of social protection (the
safety net) by casting over the lower strata of society a police and
criminal dragnet that gets harder and harder to escape.  As the social state
is deliberately allowed to wither, the police state flourishes: the direct
and inevitable effect of impoverishing and weakening social protection.
The increase in the prison population, control of increasing numbers of
people on the margins of the prison system, the spectacular boom in the
penal sector at both federal and state level and the continuing rise in the
number of black prisoners are the four significant factors defining penal
trends in the United States since the complete change in social and racial
attitudes that began in the 1970s.  That change was triggered by the
democratic progress secured as a result of Black protest and the popular
protest movements that surged in its wake (students, women, opponents of the
Vietnam war and environmentalists) (2).

Prisoner numbers have risen dramatically at all three tiers of the prison
system: in the town and county jails, in the central penitentiaries of the
fifty states and in the federal penitentiaries.  During the 1960s the US
prison population was shrinking, so much so that by 1975 it had fallen to
380,000, having declined slowly but consistently (by about 1% a year over a
ten year period).  The talk at the time was of emptying the prisons, of
alternatives to imprisonment and of reserving jail sentences for criminals
who posed a serious threat (between 10% and 15% of the prison population);
there were even those who ventured to predict that there would soon be no
prisons at all (3).  But that trend was rapidly and dramatically to be
reversed: ten years later the prison population had soared to 740,000 and,
by 1995, it was in excess of 1.6 million.  During the 1990s, prisoner numbers
have been increasing by 8% annually.

A tripling of the prison population in fifteen years is unprecedented in a
democratic society.  It leaves the United States far outstripping the other
developed countries since its rate of imprisonment - 645 detainees per
100,000 of the population in 1997, that is five times the 1973 level - is
between six to ten times higher than that of the countries of the European
Union (see table 1) (4).  Not even South Africa in the days of the apartheid
regime was throwing as many of its citizens into jail as does the US
currently.

Justice "by race"
Number of prisoners per 100,000 adults (table 1)

                        1985           1990           1995
-------------------------------------------------------------
Blacks                   3544           5365           6926
Whites                    528            718            919
Disparity                3016           4647           6007
Ratio                6.7 to 1       7.4 to 1       7.5 to 1

Source: Bureau of Justice Statistics, Correctional Populations in the United
States, 1995, Government Printing Office, Washington, 1997.

5.4 million US citizens somewhere in the prison system

In California, not so long ago the national champion of education and
public health but now a believer in prison across-the-board, the number of
prisoners held in its state jails alone rose from 17,300 in 1975 to 48,300
in 1985 and, by 1995, had passed the 130,000 mark.  If we add to that the
number of prisoners held in the county jails (Los Angeles alone holds 20,000
prisoners), the total is a staggering 200,000, equivalent to the population
of a large French provincial town.

But the extraordinary expansion of the US penal empire extends beyond the
great "lock-up" as the century draws to a close.  There are also those
individuals placed on probation or parole.  It has not been possible to
expand prison capacity fast enough to absorb the growing stream of convicts,
with the result that the numbers kept on the margins of the prison system
have increased even more quickly than the number held inside.  In 1995, 3.1
million people were on parole and 700,000 on probation, a total of nearly 4
million, representing more or less a fourfold increase over 16 years.
Consequently, in 1995, there were 5.4 million Americans in prison or within
the prison system, accounting for 5% of men aged 18 and over and one in five
black males (and the reason for that will become clear below).

What is more, in addition to intermediate penalties available to it, such as
house arrest or confinement in a boot camp (disciplinary detention centre),
intensive probation and telephonic or electronic surveillance (using
bracelets or other technical gadgetry), the penal system has been able to
spread its tentacles considerably further as a result of the increase in the
number of data banks that have provided many new ways and centres of
distance monitoring.  During the 1970s and the 1980s, the Law Enforcement
Administration Agency (the federal body responsible for crime prevention)
encouraged the police, courts and prison authorities to set up centralised
and computerised data banks, and they have since proliferated.

The new synergy between the penal system's "capture" and "observation"
functions (5) means that there are now more than 250 million "rap sheets"
(as against 35 million ten years ago) covering some 30 million individuals:
close on one third of all adult males!  The data banks can be accessed not
only by the FBI and the INS (responsible for policing foreigners) and the
social services, but also by individuals and private bodies.  Employers
commonly use data banks to sift out ex-prisoners trying to find work.  And so
what if the data is frequently incorrect, out-of-date, trivial or indeed
illegal?  The fact that it is available leaves not only criminals and crime
suspects, but also their families, friends, neighbours and neighbourhoods,
targets of the police and prison system (6).

The lust for prisons is both dependent on and triggers a spectacular
expansion in the penal sector at federal and local level.  All the more
remarkable because it comes at a time when the public sector is having to
tighten its belt.  Between 1979 and 1990, the states increased their spending
on prisons by 325% on operational costs and 612% on buildings - that is to
say three times more rapidly than national military spending, even though
the latter enjoyed a privileged position under the Reagan and Bush
administrations.
 

Since 1992, four states have allocated more than a billion dollars to prison
spending: California ($3.2 billion), New York State ($2.1 billion), Texas
($1.3 billion) and Florida ($1.1 billion).  All in all, in 1993, the United
States spent 50% more on its prisons than on the judiciary ($32 billion as
compared with $21 billion), whereas ten years earlier, budget levels were
the same for both (in the region of $7 billion).

The policy of prison expansion is not, however, a Republican prerogative.
Over the past five years, President Bill Clinton has been declaring just how
proud he is to have put an end to "big government" and the commission for
reform of the federal state, chaired by his would-be successor,
Vice-President Al Gore, has been busy pruning public sector programmes and
jobs.  Meanwhile, 213 new prisons have been built - a figure that does not
include the private institutions that have proliferated as a lucrative
market in the sector has been opened up (see "A boom in private
penitentiaries").  At the same time, the number of employees in federal and
state penitentiaries alone has risen from 264,000 to 347,000.  Consequently,
according to the office of census, the training and hiring of prison
officials is the area of government activity that has seen the most rapid
growth over the past decade.

The money has to come from somewhere, and when there is a fiscal squeeze,
the only way of increasing spending on prisons and prison staff is to cut
the resources allocated to social welfare, health and education.  De facto,
the United States has opted to construct detention centres and prisons for
its poor, rather than clinics, day nurseries and schools (7).  Since 1994,
for instance, the annual budget of the California Department of Correction
(responsible for state detention centres in which prisoners serving more
than a year are held) has been higher than that allocated to the University
of California.  The budget that Governor Pete Wilson proposed in 1995 was
actually designed to get rid of a thousand jobs in higher education in order
to fund jobs for 3,000 prison warders.  That is a decision that weighs
heavily on the public purse because in California a "screw" earns 30% more
than a lecturer because of the political influence wielded by the prisoner
officers' trade union.

Along with this boom in the prison sector has come "lateral" expansion of
the penal system and thus a huge increase in its capacity to hold and
neutralise.  But the main "beneficiaries" of this additional capacity are
poor families and districts, and particularly black enclaves in the cities.
That much is clear from the fourth major trend in the US prison system: a
continuing rise in the numbers of Black prisoners, so much so that since
1989 and for the first time in history, Black Americans make up the bulk of
prisoners, even though they account for barely 12% of the total US
population.

Discriminatory police practices

In 1995, of 22 million black adults, 767,000 were held in prison, 990,000
were on probation and 325,000 others on parole - a total of 9.4% caught
somewhere in the grip of the prison system.  As far as Whites are concerned,
an estimate that is on the high side puts the figure at 1.9% for a
population of 163 million adults (8).  In terms of prisoner numbers alone,
the disparity between the two population groups is 1:7.5, and it has been
steadily worsening over the past ten years: 528 compared with 3,544 for
every 100,000 adults in 1985, and 919 compared with 6,926 ten years later
(see table 2).  Over a lifetime, a Black male has a one-in-three chance of
spending at least a year in prison and an Hispanic a one-in-six chance,
whereas a White has just a one-in-twenty-three chance.

This phenomenon - that criminologists tactfully refer to as "racial
disproportionality" - is even more marked among young people, prime targets
of the criminalisation of poverty.  More than a third of Blacks aged between
20 and 29 years are either in prison, under the authority of a judge
responsible for the execution of sentences, or awaiting trial.  In the big
cities, the figure is substantially higher than 50%, and in some places, in
the heart of the ghetto, in excess of 80%.  So much so that, to take an
expression borrowed from the tragic memory of the Vietnam War, the operation
of the US justice system could be described as a "search and destroy"
mission targeted on young Blacks (9).

Europe "lagging behind"

Rates of imprisonment in the United States and Europe in 1993 (table 2)
   (number of prisoners per 100,000 of population)

United States (entire)       546
      Georgia               730
      Texas                 700
      California            607
      Florida               636
      Michigan              550
      New York              519
      Italy                  89
      United Kingdom         86
      France                 84
      Germany                80
      Holland                51

Source: Bureau of Justice Statistics, Correctional Populations in the United
States, Washington 1996, and Council of Europe, Penological Information
Bulletin No 19-20, December 1995.

A predisposition to crime only partly explains the huge disparity between
Whites and Blacks in the prison population.  Mainly, it reflects the
fundamentally discriminatory nature of police, court and prison practice.
The proof is that Blacks account for 13% of drug users (more or less
equivalent to the proportion of Blacks in the population) but a third of
those arrested and three-quarters of those imprisoned for drug offences.  The
policy of a "war on drugs", along with abandonment of the goal of
rehabilitation and an increase in ultra-repressive penalties (the widespread
application of a system of irreducible fixed penalties, automatic life
imprisonment for a third offence and more severe penalties for public order
offences), is one of the main causes of the rise in the prison population
(10).

In 1995 six out of ten of those newly convicted were put in jail for
possessing or dealing in drugs.  Imprisonment is one area in which Blacks
benefit from "positive discrimination", in itself an irony at a time when
the United States is turning its back on the affirmative action programmes
that were designed to reduce the most glaring racial inequalities in access
to education and jobs.

But what matters more than all the statistics is the rationale underlying
the shift from social welfare to a toughening in penal policy.  Far from
being inconsistent with the neoliberal programme of deregulation and decline
of the public sector, the rise in prominence of the US penal system reveals
the true picture, reflecting a policy of criminalising poverty which
inevitably goes hand-in-hand with the imposition of insecure and underpaid
jobs, as well as the restructuring of social welfare programmes to make them
more restrictive and punitive.  When imprisonment was institutionalised in
America in the mid-19th century, it was primarily conceived as a method of
controlling deviant and dependent population groups, and the majority of
those imprisoned were the poor and immigrant workers newly arrived in the
New World (11).

Nowadays, the US prison system performs a similar role in regard to those
groups who have been rendered superfluous or who no longer fit in as a
result of the restructuring of both employment relations and public welfare:
the shrinking working class and the Blacks.  As a result, it has become a
vital instrument of government by poverty, used to underpin the principle of
flexible working at the point where the market in unskilled labour, the
urban ghetto and the "reformed" social services meet.

Unemployment under wraps

To begin with, the prison system makes a direct contribution to regulating
the lower segments of the labour market - and does so in infinitely more
coercive fashion than any social charge or administrative rule.  Its effect
here is artificially to compress unemployment levels both by forcibly
abstracting millions of males from the job-seeking population, and also by
boosting employment in the prison goods and service sector.  It is, for
example, estimated that during the 1990s US prisons brought down US
unemployment figures by two percentage points.  According to Bruce Western
and Katherine Beckett, taking into account the differences in levels of
imprisonment in the two continents, and contrary to the idea commonly
accepted and actively disseminated by the advocates of neoliberalism, for 18
of the past 20 years US unemployment rates have been higher than those of
the European Union (12).

However, Western and Beckett show that the jump in the prison population is
a two-edged weapon: while in the short term it makes the employment picture
look rosier by cutting labour supply, in the longer term it will inevitably
worsen the employment situation by making millions of people more or less
unemployable.  Although imprisonment has cut US unemployment levels, the
prison system will have constantly to be abandoned to keep those levels
down.

The fact that Blacks are massively and increasingly over-represented at all
levels of the prison system highlights its second function in this new form
of government by poverty: it is to replace the ghetto as a means of
containing population groups considered deviant and dangerous, not to
mention superfluous from both an economic and a political point of view -
Mexican and Asian immigrants are far more docile.  Poor Blacks hardly ever
bother to vote and the country's electoral centre of gravity has in any
event shifted towards the White suburbs.  To that extent, prison is merely
the ultimate manifestation of a policy of exclusion of which the ghetto has
been a means and an end since it first appeared in history.

The penal institutions are now directly tuned into the bodies and programmes
responsible for "assisting" marginal groups.  While the ethos of punishment
inherent in the penal system tends to contaminate and then redefine the aims
and machinery of social welfare, prisons have, like it or not, to deal
urgently - and with the resources available to them - with the social and
medical ills that their "clientele" has been unable to remedy elsewhere.

Finally, the effect of budgetary constraints and the political philosophy of
decreasing state intervention has been to open up both social assistance and
prisons to the market.  Many states, like Texas and Tennessee, are already
keeping substantial numbers of prisoners in private jails and subcontracting
to specialist companies responsibility for administrative follow-up of
recipients of welfare benefits.  One way of earning a buck from the poor and
criminals, both ideologically and economically.

What then we are witnessing is the establishment of a commercial socio-penal
complex designed to monitor and penalise those population groups that refuse
to submit to the new economic order (13) with a gender-based division of
labour: the penal element covers males in the main, while the welfare
component supervises the women and children.  And the same people shuffle
around within this more or less closed circle.

The American experience shows that today, just as at the end of the last
century, rigidly separating social policy and penal policy - or, to take it
one further, the labour market, social welfare (if you can still call it
that) and prison - means that we are left understanding neither (14).

Wherever it becomes a reality, the neoliberal utopia brings with it, for the
poorest in society and also for all who find themselves excluded from what
remains of protected employment, not more, but less freedom, or indeed no
freedom at all.  It does this by taking us back to the repressive paternalism
of another age when capitalism was rampant, now bolstered by an omniscient
and omnipotent punitive state.

----------------------

(1) See articles on "Eternel retour du 'miracle' am?ricaine", Le Monde
Diplomatique, January 1997, and Lo?c Wacquant, "La g?n?ralisation de
l'ins?curit? sociale en Am?rique", Actes de la recherche en sciences
sociales, December 1996.

(2) David Chalmers, And the Crooked Places Made Straight: The Struggle for
Social Change in the 1960s, Temple University Press, Philadephia, 1991, and
James T. Patterson, Grand Expectations: The United States 1945-1974, Oxford
University Press, 1996.

(3) On those debates, see Norval Morris, The Future of Imprisonment, The
University of Chicago Press, Chicago, 1974.

(4) Unless stated otherwise, all of these statistics are drawn from various
publications of the Bureau of Justice Statistics of the Federal Department
of Justice (in particular its periodic reports on Correctional Populations
in the United States, Washington, Government Printing Office).

(5) Diana Gordon gives an excellent description of that synergy in The
Justice Juggernaut: Fighting Street Crime, Rutgers University Press, New
Brunswick, 1991.

(6) The State of Illinois has put on the Internet the description and a
summary of the criminal record of all of its prisoners, so that anyone can
find out about a prisoner's previous offences just by clicking the mouse.

(7) See the data compiled by Steve Gold, Trends in State Spending, Center
for the Study of the States, Rockefeller Institute of Government, Albany
(New York), 1991.

(8) That estimate actually makes no distinction between Whites of Anglosaxon
origin and people of Hispanic origin, thereby automatically pushing up the
level of Whites of European origin. The effect is being compounded as time
goes by with rates of imprisonment rising most rapidly among Hispanics in
recent times.

(9) Title of Jerome Miller's authoritative work, Search and Destroy:
African-American Males in the Criminal Justice System, Cambridge University
Press, Cambridge, 1997.

(10) For a discussion of these various points, see Lo?c Wacquant, "Crime et
ch?timent en Am?rique de Nixon ? Clinton", Archives de politique criminelle,
Paris, No 20, Spring 1998.

(11) David Rothman, The Discovery of the Asylum: Social Order and Disorder
in the New Republic, Little, Brown, Boston, 1971, pp 239-240.

(12) Bruce Western and Katherine Beckett, "How Unregulated is the US Labor
Market? The Penal System as a Labor Market Institution", presentation to the
annual congress of the American Sociological Association, 39 pages, 1997, p.
31.

(13) Lo?c Wacquant, "Les pauvres en p?ture: la nouvelle politique de la
mis?re en Am?rique", H?rodote, Paris, No 85, Spring 1997.

(14) As shown by David Garland in Punishment and Welfare: A History of Penal
Strategies, Gower, Aldershot, 1985, in regard to the paradigm case of
Victorian England.
 

--------------------------------------------------------------
To subscribe to the CERJ E-Mail distribution list, simply send
an E-mail message to <cerj@cerj.org>. Please include your name
and your state, province, or country of residence.  Thank you!
--------------------------------------------------------------
John Wilmerding, Gen'l Secretary |  E-Mail:    <info@cerj.org>
=================================|  Web:   http://www.cerj.org
*CERJ* International Secretariat |  ICQ Number:       18723495
---------------------------------+============================
Campaign     |  111 High Street  |   For        |      A
for          |  Brattleboro, VT  |   Justice    |      AR
Equity-      |  05301-3018  USA  |   that       |      ART
Restorative  |  Telephone & FAX  |   Restores   |     EAR
Justice      |  [802]  254-2826  |   Equity     |    HEAR
=================================================    HEART
Work together to reinvent justice using methods |     EARTH
that are fair; which conserve, restore and even |    HEARTH
create harmony, equity and good will in society | >>>|CERJ|<<<
==============================================================
We are the prisoners of the prisoners we have taken - J. Clegg
* * * * * * * * * * * * * *  From the Listowner  * * * * * * * * * * * *
.    To unsubscribe from this list, send a message to:
majordomo@scn.org        In the body of the message, type:
unsubscribe justice
END
 
 

 

GO HOME

Comments to the Webmaster:  Ed Forchion njweedman@yahoo.com
The LEGALIZE MARIJUANA PARTY of SOUTH JERSEY