HOW THE REPUBLIC OF THE UNITED STATES HAS BEEN CORRUPTED – PART TWO (Jury Trials)

stafne_2013

  Has the Supreme Court corrupted American homeowners right to a jury trial against lenders and servicers in federal courts? The Webster-Merriam Dictionary defines the verb “corrupt” to mean: : to cause (someone or something) to become dishonest, immoral, etc. : to change (something) so that it is less pure or valuable : to change (a book, computer file, etc.) from the correct or original form When I grew up in Iowa in the mid twentieth century we learned in high school “civics” class that our freedoms were preserved through a number of Constitutional checks and balances designed to protect the people from the arbitrary exercise of governmental power.  Two of the most basic checks on governmental power, i.e. “the separation of powers” in and “dual sovereignty” nature of our government, are derived directly from the governmental framework established by the Constitution. Shortly after it was ratified, the Constitution was amended by ratification of ten amendments, which are known as the Bill of Rights.  The right to a jury of one’s peers was one of the basic structural provisions our founders enacted pursuant to the Bill of Rights. The Fifth Amendment grants the right to trial by jury in criminal cases.  The Seventh Amendment grants the right to trial by jury in civil cases.  

THE STAFNE DEFECT

While I was in law school I visited a friend who was going to medical school.  I was thumbing through one of his textbooks and noticed in the index the term “Stafne Defect”.  Well, of course, I immediately turned to the pages which described said defect. http://en.wikipedia.org/wiki/Stafne_defect My great uncle, Edward Stafne, was a renowned oral surgeon.  He gave both memorial addresses for each of the Mayo brothers, who founded Minnesota’s famed Mayo clinic. When I was 27, after I first to moved to Seattle, a group of relatives got together.  Uncle Edward was there.  I remember he was talking about what it was like to get old.  He was in his eighties then.  What bothered him most was the lost of his memory.  He complained that throughout his life he had an exceptional memory, which was now failing him. Days later, I wrote the following poem:

HOW THE REPUBLIC OF THE UNITED STATES HAS BEEN CORRUPTED – PART ONE

  HOW THE REPUBLIC OF THE UNITED STATES HAS BEEN CORRUPTED Part One.  Republic or Democracy?   The Webster-Merriam Dictionary defines the verb “corrupt” to mean: : to cause (someone or something) to become dishonest, immoral, etc. : to change (something) so that it is less pure or valuable : to change (a book, computer file, etc.) from the correct or original form   In twenty-first century America our leaders consistently tout the United States as a “democracy”.  For example, in McCutcheon v. FEC, 134 S. Ct. 1434 (2014) a five to four majority of the Supreme Court, relying on the notion that the United States was a democracy, invalidated restrictions on the elite’s ability to spend money to elect a legislature of similarly minded people.  In like fashion, our most recent presidents (of both parties, Bush and Obama) have extolled to the world, all nations and and their leaders, the benefit of “democracies”; where “the people” can govern themselves. Have our government officials forgotten?  The United States is not and was never intended by its framers to be a democracy.