akota, but the entire nation. We would have preferred that the Amendment be made to the national Constitution; however, it is too bad that there is no national initiative process by which the People can act nationally to alter or amend the national Constitution, despite the fact that J.A.I.L. is a national cause. Nevertheless we do have a proposed federal J.A.I.L. Bill, already in the hands of Congress.

It is indeed tragic that the Framers of the Constitution failed to include in that instrument a means by which the People could enforce its terms whenever government became abusive of its delegated powers, although the Founders were well aware that such abuses would occur in time by usurpation of power from the People. With that knowledge, it would seem to have been consistent therewith to have provided a specific safeguard in the U.S. Constitution to prevent such from happening. Would that not have been just plain common sense? Look at what tyrannical practices could have been avoided for the American People! But alas, we cannot cry over "spilt milk."

That omitted provision does not negate the People's DUTY "to throw off [alter or amend] such government" when by "a long train of abuses and usurpations" it "pursu[es] invariably the same object evinc[ing] a design to reduce [the People] under absolute despotism," as admonished in the Declaration of Independence and followed by many state Constitutions, South Dakota among them. So accordingly, we must deal with the "hand" that is left for us.

There are only about 19 states having the initiative process for constitutional amendments, California being one of them. However, the People are at a distinct disadvantage at having to develop a means of enforcing the terms of the Constitution at this late stage in our history. A major disadvantage is raising the amount of money needed to place such an initiative on the ballot, once it is written --this is especially so in a large state as California. It was attempted using volunteers, but no initiative for a constitutional amendment has ever become eligible for the ballot by volunteers in California history.

It would take about a million dollars to pay for enough signatures in California, and People did not take J.A.I.L. seriously enough in this state to finance the cause here at that time. However, within months after being on the internet, J.A.I.L. became of national interest, and the People in other states could see the plausibility of getting the initiative on the ballot in smaller states, urging us to allow J.A.I.L. to be carried in their states. J.A.I.L. was originally written as a California measure, but nature took its course rallying People on their own from all states for this cause, since the problem is not uniquely of any one state. It so happens that a proponent in South Dakota was the first to finance the J.A.I.L. Amendment for their 2006 ballot, and so we have our pioneer state now up for vote.

Oh! the kicking and screaming of the South Dakota Establishment (SDE) over the fact that J.A.I.L. was "authored in California"-- as if California has a monopoly on the need for judicial accountability to the People. To this we demur! (i.e., so what?) This is a need in all fifty states-- tyranny knows NO BOUNDARIES!

The SDE would have South Dakotans believe that judicial accountability to the People isn't needed there-- "South Dakota already has an accountable judiciary, and the system is fine just the way it is!" With the enthusiasm of South Dakotans signing the petition (13,000 more than needed), we know that the People realize how much it is needed there.

The latest Zogby poll taken about a month ago shows better than three-to-one in favor of Amendment E. A poll taken by the S.D. Bar Association early in the campaign also came up three-to-one in favor; it is now better than that: 67% Yes, 19.8% No, 13.2% Undecided. Statistics show that in any population, about 20% are connected with government, directly or indirectly. We can pretty well guess where the "No" vote comes from.

Go, South Dakota, GO!

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