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The Home Page of The FCDAE-FIJA International Campaign for RESTORATION and UNIVERSAL ADOPTION

of CONSTITUTIONAL COMMON LAW TRIAL BY JURY.

Joanna d'Oudney, Director, FCDAE-FIJA

FCDAE-FIJA@democracydefined.org

Campaign philosophy supported by academics, attorneys, doctors and judges (U.S. & U.K.).

(Standard English Spelling)

Dear Mike,

You quote Webster's 1828 Dictionary.

DEMOCRACY, n. Government by the people; a form of government, in which the supreme power is lodged in the hands of the people collectively, or in which the people exercise the powers of legislation. Such was the government of Athens.

***N.B. Also from Webster's:

A republic differs from a democracy or democratic state, in which the people exercise the powers of sovereignty in person.

***A REPUBLIC is a state in which the exercise of sovereign power is lodged in elected representatives.

***The word for mob rule is ochlocracy (pronounced ock-lock-ra-see). The Greeks invented this word, and it contrasts widely with the very different meaning of their word ‘democracy’. Democracy was and is nothing to do with mob rule; and it has no definitional relationship with suffrage (electoral voting).

Webster's has it right. In democratic Greece, not the government or the rulers, but the people were sovereign. To fulfil the meaning of the word democracy, to protect all the people against government tyranny, the people, as sovereign jurors, judged the laws (as well as the facts of the case) and rejected all laws which they found not in their interest, or unjust, by pronouncing the Not Guilty Verdict. Democracy means literally "the people rule."

This Trial by Jury, as inscribed by the common law articles in Magna Carta, The Great Charter of English Liberties, and installed by the Founding Fathers as the U.S. constitutional justice system, is the only means known to mankind by which supreme power can be retained collectively lodged in the hands of all the people, thereby consummating the definition of democracy. That is why Trial by Jury came to be called "the Palladium of the people's liberties."

Definition, Palladium: any safeguard; a symbol, metaphorical or statuary, which represents the protection of the liberties and rights of man. Derived from Pallas Athene, Greek goddess of wisdom and war. Today, the world’s most famous Palladia are the Trial by Jury, and The Statue of Liberty in New York harbour.

You have not grasped the principles of Trial by Jury. Juries are a cross-section of the whole population to represent ALL the people. (Apart from the irrelevant mathematical sense) a randomly chosen common law jury is not a "minority." According to common law, all adults (save convicts and lunatics) qualify for jury service; this fulfilling the Trial by Jury as designated by common law: Trial by the country (per pais; or pays); i.e. all the people.

Jurors judging and nullifying such bad laws as are made by politicians, is an act "reversing" the despotic legislation of elected politicians, the tyranny of government. Whatever laws government enacts, juries are there on behalf of all of us to ensure that only those laws which the whole people support, are those which will be enforced. Bad and unjust laws are supposed to be annihilated.

With unanimity required by common law, even a single juror, as sovereign, can reject the enforcement of that law which he or she deems unjust, thereby protecting minorities. Trial by Jury is an essential integral part of democratic government: without common law Trial by Jury constitutionally emplaced and practically implemented, the country cannot be defined as a democracy, and it will inevitably degenerate into a tyranny of mob rule by divisive elected majority governments.

To safeguard themselves from tyranny, the Greeks installed the Trial by Jury Justice System, and gave the name of democracy to this, mankind's model form of government: the only state in which all the people are protected equally and can truly pursue happiness; viz. the author of the Declaration of Independence, Thomas Jefferson's endorsement of Trial by Jury.

The jury representing all the people is the only extra-governmental body [i.e. outside of the government and state employees] constitutionally emplaced to judge the law and every act of enforcement. Bearing in mind that no government ever conceded that the laws it enforces could be "unjust," this makes the jury's judgement on the justice or otherwise of the law, the only true democratic testing of the law.

Etymology. Demokratia: demos, the people; kratos, power, strength; kratein, to rule. From this etymology, the rigidly limited definition is:

"Democracy is the form of government in which Supreme Power is vested in the Common People; the people rule."

The intellectual use of the word democracy has remained unchanged for two and a half thousand years (as confirmed by Webster's). The Founding Fathers understood this history and etymology. When common law Trial by Jury was constitutionally installed as the sole Justice System "for all crimes" (other than impeachable), the Founding Fathers were intentionally establishing democracy, and arranging the republic as a shining example to the World.

It is semasiologically fatuous to invent "varieties" or "alternatives" to the single meaning of the word democracy. Wikipedia's nonsense exemplifies the deliberate attempt to undermine language in support of double-talking politicians whose trick is simple: steal powerful familiar words and phrases which are comforting and inspiring to the populace; implant a different sinister meaning known only to the group insiders and political partisans. Naïve persons follow the platitudes believing that generations of their finest antecedents held, fought for and even died for the very principle which these days is falsely expressed by the modern politician or miseducator.

If you are against democracy you are against Trial by Jury, which came to us from Hellenic democracy. If you are in favour of Trial by Jury, you support democracy.

Michael, we see you are up for election. Now all is revealed... This is the fourth time you have had the semantics explained to you, by me and others. You do not respond to logic, history, semasiological facts and common sense. Afflicted with the destructive vice of arguing because you enjoy it, you argue for the sake of it even to the inane degree of contradicting and arguing against yourself and Webster at the same time ! Whatever one chooses to call it, you stubbornly support that which is not the truth. You will make a very good politician.

Yours sincerely,

Joanna d'Oudney.

Director, The FCDAE-FIJA International.

http://www.democracydefined.org/

The Home Page of The not-for-profit FCDAE-FIJA

International Educational Campaign for

RESTORATION and UNIVERSAL ADOPTION of

CONSTITUTIONAL COMMON LAW TRIAL BY JURY.

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The Founding Fathers: Democracy and the Great Republic. From Joanna d'Oudney, Director

Websters 1828 Dictionary.

DEMOCRACY, n. [Gr. People, and to possess, to govern.] Government by the people; a form of government, in which the supreme power is lodged in the hands of the people collectively, or in which the people exercise the powers of legislation. Such was the government of Athens.

REPUB'LIC, n. [L. respublica; res and publica; public affairs.]

1. A commonwealth; a state in which the exercise of the sovereign power is lodged in representatives elected by the people. In modern usage, it differs from a democracy or democratic state, in which the people exercise the powers of sovereignty in person. Yet the democracies of Greece are often called republics.

A trial by jury requiring a unananimous decision to convict hardly represents the same thing as the people having the power to legislate by majority rule. It represents something quite different, it represents the ability of a minority of 12 to reverse a tyranny of the masses, which is the definition of democracy. So although trial by jury can nullify a tyranny of democracy is certainly is not one.

Michael Benoit

Candidate

California's 52nd Congressional District

http://www.michaelbenoit.org

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(Standard English Spelling)

The Founding Fathers: Democracy and the Great Republic.

Post by Joanna d'Oudney, Director, FCDAE-FIJA.

At the time of the Founding Fathers there was but ONE meaning of the word 'democracy'. The word was uniformly defined by the lexicons extant, American, English and French. This is because, from its etymology (linguistic derivation), there is strictly no room to apply this word to "different forms" or "varieties" of government within which any group rules which is comprised of less than all the people. The single correct definition follows:

Democracy is the form of government in which Supreme Power is vested in the Common People; the people rule. Etymological derivation, Greek Demokratia: demos, the people; kratos, power, strength; kratein, to rule. From this etymology, the definition is rigidly limited.

The Founding Fathers knew that the mechanism by which the Greeks created and implemented democracy was the definitive Trial by Jury. In democratic Greece, the common people as jurors had the duty of judging not only the facts and evidence at trial, but also, of paramount significance, the duty of judging the law itself, as to whether it was just. Jurors were obliged to pronounce the Not Guilty Verdict to annul prosecution of any law which, in their opinion or conscience, they found against their interests or ideas of fairness.

It was in this way that the common people decided the law and protected their liberties. No law which infringed people's rights and liberties could receive the sanction of juries: tyranny was nipped in the bud. The ordinary people constituted the Supreme Legislature, thus fulfilling the definition of democracy: the people rule (as distinguished from the government).

For a society to be defined as a democracy, the people must judge the justice of the law and its enforcement in every prosecution, civil, criminal and fiscal, however serious or apparently trifling. Spurious, unfounded, venal and despotic legislation of all types is nullified and eventually expunged from the statute book; while juries of common folk unanimously enforce the common law crimes of injustice, such as tyranny, murder, rape, bodily harm, mental cruelty, torture, robbery, theft, extortion, arbitrary dispossession, fraud, and so on. These latter receive the universal condemnation of men and women in juries in all times and places.

Likewise, jurors "make the law," and apply it, judging the moral intent of the accused, that is, whether the accused behaved with malice aforethought, this latter defining 'guilt', criminal intent (i.e. mens rea). 'Guilt' or 'crime' cannot be imparted to an action simply by legislation. This mechanism of the Trial by Jury protects (is intended to protect) individuals from governments which have criminal ends, and would seek to further them by making statutory 'offences' out of acts which are intrinsically innocent (i.e. devoid of malice) and which can never truthfully or legally be ascribed to be 'crimes'.

The Founding Fathers understood this history and etymology. When common law Trial by Jury was constitutionally installed as the sole Justice System "for all crimes" (other than impeachable), the Founding Fathers were intentionally establishing democracy within the republic.

That is to say, James Madison and Justice James Wilson, who was a federal judge in 1791 and wrote "I love and admire the Trial by Jury" (see Chapter Six from his Works, Volume 2) were the principal drafters of the actual wording of the Constitution. The emplacement of the definitive Trial by Jury as the Constitution's Justice System enabled Thomas Jefferson to make his famous observation:

"I consider Trial by Jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution."

U.S. President Thomas Jefferson; Author of the Declaration of Independence; Founder of the Democratic Party.

The signification and profundity of Jefferson's remark become apparent only when one is in possession of the facts, firstly, about Trial by Jury, its history, true purpose and modern relevance; secondly, what democracy really means; and thirdly, the unique way in which democracy is achieved.

The definitional relationship between the word democracy and the functions of definitive Trial by Jury are indissoluble. Within the learned historical and philosophical writings of Western civilisation, the correct meaning of the word 'democracy', the people rule, has remained unchanged for over two thousand five hundred years, to date.

The essay, The Matter of Words (which you have now received), was written to clarify the definition of this significant word, amongst others, and to expose the abuse of language by duplicitous or ignorant latterday politicians. The essay annihilates the gross misinformation given in wikipedia's numerous incorrect entries, and elsewhere. (If one reads to the end of the essay, one sees wiki's nonsense exemplified.)

[From the Essay:]

"N.B. 12. Because of the etymological foundation of the word democracy, and its long traditional historic signification, which has the meaning "government by the People," there are strict semasiological limits as to what the word can mean. Despite this, and relying on the general insouciance of the people, not to say, widespread ignorance, individuals are trying to introduce self-contradictory, extraneous and stridently incorrect uses of the word."

"Two people have no more right to have control over one person than one person has to rule over two ! This is merely the crude anti-civilised concept of might over right: the law of the jungle. We are all born equal. It is incumbent on educated people everywhere to make sure that politics and legal systems which reflect egalitarianism, are kept eternally in place to ensure equal protection of all. The only just and legal constitution is that one which gives control to all the people over the government; that is, the people rule."

"What Democracy Can Never Be:

One has to learn to differentiate between the politicians who falsely claim to 'represent' democracy in order to obtain undeserved respect from the electorate, and what democracy really is and means."

"Smart Alec light-weight authors and journalists writing for a living, shred language with abuse of words to try to appear cynical and clever. Their shallow attitude distorts understanding, mocks our language and spreads disunity at a time when the people require to be sure and firm in their beliefs."

"Here below are fabricated pseudo-intellectual, false 'definitions' of democracy which can be seen online and elsewhere. There is nothing in the etymology, the history, nor the intellectual use of the word democracy which allows such distortions as:"

"government by the people, especially rule of the majority (BALDERDASH)"

"control of a group by the majority of its members (BUNCOMBE)"

"The following is [wikipedia] gibberish:"

"a conception [read: misconception] of 'democracy' is that it is majority rule and is justified [read: unjustified] under utilitarian reasoning. The advantanges of 'democracy' seen under this conception is that the majority of the population are satisfied with the governance they live under. The disadvantage is that the minority live under the power of the majority sometimes termed the tyranny of the majority, or mob rule. This can lead to the marginalisation of large portions of a population if the will of the majority is not restrained by a strong and just constitution and legal system."

"NOTE. This latter is a most unclever attempt at miseducation and propaganda. Control of the people by a group of less than all the people, or tyranny, or mob rule, each embody the opposite, the antithesis, of democracy."

"It takes only a moment's thought to realise that democracy is certainly not the majority ruling over the minority, nor a minority ruling the majority: words describing these latter forms of government are 'tyranny' and 'despotism' which are the opposite of democracy."

"Out of respect for truth and our cultural heritage, as FCDAE-FIJA Members, it is our duty to educate the uninformed and keep the word democracy expressing what it really means. We shall dispel the misconceptions promulgated by bad government and those who have been subjected to brainwashing."

Consider what you are implying about your country with your 'signature'. By definition, a 'republic' is simply a form of government without a monarch. There are numerous republics: despotic; tyrannical; theocratic (i.e. 'religious'); authoritarian; totalitarian; communist; socialist; and so on. They all have constitutions and all are constitutional republics.

Whereas every type of reprehensible government can be, and is found within a republic, this definitively cannot be the case within a democracy...

Regardless of whether a nation is a republic, whenever the definitve Trial by Jury is constitutionally installed and then fully implemented as the sole justice system for all crimes however trivial or grave (other than impeachable), that nation becomes a constitutional democracy. Created as such by the Founding Fathers' Constitution, this was their great aspiration and intended future haven for all the American people, and an illustrious example to the whole World.

Alas, today, following politicians' corrupt and destructive acts, this beloved constitution is torn asunder. It is all citizen's duty to achieve its Restoration. Hence, the raison d'etre of the Revolutionary Coalition.

Keep in mind the simple truth that the meaning of the word democracy is defined and demonstrated by its etymology. This is confirmed by far the greater number of learned authors and lexicographers.

Yours sincerely,

Joanna d'Oudney.

Director, The FCDAE-FIJA International.

http://www.democracydefined.org/

The Home Page of The not-for-profit FCDAE-FIJA

International Educational Campaign for

RESTORATION and UNIVERSAL ADOPTION of

CONSTITUTIONAL COMMON LAW TRIAL BY JURY.

Campaign philosophy supported by academics, doctors and judges (U.S. & U.K.).

Join our Campaign Membership.

Download and distribute the free essays, posters and pamphlet.

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THE MATTER OF WORDS...

© FCDAE-FIJA EIS #10 ESSAY FOR MEMBERS.

THE COPYRIGHT OWNER GRANTS PERMISSION FOR FCDAE-FIJA EIS #10

TO BE COPIED INTACT AND UNALTERED, AND FREELY DISTRIBUTED.

Kenn d’Oudney. Author. © THE MATTER OF WORDS... FCDAE-FIJA EIS #10.

THE COPYRIGHT OWNER GRANTS PERMISSION FOR FCDAE-FIJA EIS #10

TO BE COPIED INTACT AND UNALTERED, AND FREELY DISTRIBUTED

Download the essay from the above website at the CAMPAIGN MATERIAL page.

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----- Original Message -----

From: EW

To: bellringer@fourwinds10.com

Sent: Friday, October 27, 2006 5:54 PM

Subject: Re: What The Founding Fathers Intended

Hello Patrick,

It seems that people, such as the writer of this article fail to grasp that there are two kinds of jury, and I don't mean grand and petit.

The USA was set up by the Founding Fathers as a Province of the Holy Roman Empire. A 'republic' is Roman. It is a corporate structure, a make-believe ship with 'ship administration (maritime law)' called 'being governed.

That type of administration is 'top down' with the people being the bottom tier, or slaves of Caesar. Citizen only means a slave granted privileges (falsely called rights) in exchange for tribute (bribe) to Caesar taxes and military obligations. The term '(natural)person' means a human under the fictional status of slave.

A 'jury of citizens' can be none other than an advisory body to the all supreme captain (Caesar), or his delegated officer (magistrate/judge).

The attempt was made (weakly) to overturn the 'power pyramid'/power structure of a ship, and give the citizens of the uSA' certain powers to curtail the supremacy of Caesar. Most were not implemented, and the remainder of these mechanisms has been deleted, with GW Bush deleting the last vestage in his Military Commissions Act.

What people have in mind, such as the author of this article, is the Anglo-Saxon jury, the jury mentioned in the Magna Carta. In the A-S system,

the people were the sovereigns, and the barons and king were servants, similar to the system of the Iroquois 5 nations of upper NY State area.

A jury had to be of peers (peers to the A-S meaning 'equal status, not the Roman 'landlords/ so-called peers) who all had 'sovereign' status.

It would be similar to an accused military officer not being subject to being judged by enlisted men.

The Anglo-Saxon system ceased to exist in the 1300's AD under the evil hands of the Pope and King Edward I.

It was replaced with a so-called 'commonlaw' composed of Roman Municipal Law where all institutions are corporations - make-believe ships. The English monarchy furthered the deception by having the

magistrates exercise the everpresent 'notwithstanding clause' (The captain may deviate from any rules when he deems it necessary for the good of the ship) and falsely call it 'equity'. The true meaning of 'equity' is the equalization of a contract - each party gets what was promised by the other party.

The latter is the so-called common law upon which the uSA was established - a very evil system of the Chaldean eliteists and brought to us through the Vatican (Red Robed Priests of Babylon) and the Talmudists (The Talmud being originated in Babylon during the Babylonian Captivity of the Judahites.

EW