Equal Access

On first blush when we as Americans, hear or search something out about equal access in Montana or in America (as elsewhere I'm sure), it is usually about access to education or women's rights or healthcare or social justice or fishing rights etc, but, NOT about Equal Access to Justice. Why? At the base of ANY equal access issue, is the ultimate question of Justice. If we start with the root of the word Equal from the French word egal meaning that all people are endowed with basic human rights and therefore have the same (equal) political, economic, social, and civil rights; And then we look to justice : "the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments." From Webster's OpenDictionary and attributed to 12th century Middle English.

So how did our ancestors deal with the concepts of equality and justice?

In America, in the Bill of Rights to our Constitution (the highest law of our land) and the preamble to Our Declaration of Independence, Americans set the tone of American Justice over two hundred years ago...
"When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness..."
And from our Bill of Rights to Our Constitution ... Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain. "No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. " Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights. "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. " Tenth Amendment – Powers of States and people. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

So what were these truths concerning equality and justice that were self-evident: being created equally with certain unalienable Rights: life, liberty and the pursuit of Happiness? And why, was it necessary to justice to reinforce these truths in the 5th Amendment with "...nor be deprived of life, liberty, or property, without due process of law?" Inorder to interpret these concepts for just powers from the consent of the governed and insure that all parties were dealt with impartially, fairly and equitably, our forefathers set up the third branch of American Government in our Constitution. Article Three - establishes the judicial branch of the federal government. "The judicial branch comprises the Supreme Court of the United States along with lower federal courts established pursuant to legislation by Congress. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed." Yet nowhere in its enabling or creation or history of our Federal courts and very little in the State of Montana Courts, has equality or justice been mentioned, established or enforced. It is merely a Court of Laws, without the Spirit of American Justice or Equality behind it.

And in the overall American System of Law, therein lies the problem. For law is merely: "A rule of conduct established and enforced by the authority, legislation, or custom of a given community, State, or nation." From Webster's OpenDictionary

So how do we regain Equal Access and Justice in Our American Court System in 2009? In our State Court Systems! Please look above for articles 9 and 10 in our Bill of Rights!

As always, Please let me have your comments on this important topic, thanks ...