Congress and/or State Legislators have been delegated authority to set 'MAXIMUMS' - NOT 'MINIMUM' sanctions. That is; When 'sanctions' are for penal violations of law - laws that proscribe restrictions on liberty (jail/prison). When 'sanctions' are for Civil violations of Law there should be NO 'maximum' on the Remedy. That is - where t he Remedy (financial sanction) are monetary. Then the Sanctions must be 'full and complete'. That is where 'tort reform' setting 'maximums' are, likewise, Contrary to the purpose for our Laws in this Land. In 'civil law' Congress and/or State Legislators may set Minimums on the artificial (but not the 'real' Human Person).

Our 'Law of the Land', established on July 4, 1776, established the Purpose for Law and Government in this Land. It is "to secure these rights". Penal sanctions are the LAST recourse, the CONTRARY purpose for government in this land. And should be reserved only as a 'deterrent' when necessary to protect the Equal Rights of other Equal Sovereigns.

But 'financial' sanctions, for wrongs committed by artificial entities, should NOT be limited, so that Equal Sovereigns, REAL Human Persons, can collect all that is due from 'Officials', 'Corporations', and 'Entities' that are 'regulated' by Law to Protect the Human Persons.

But what we see is 'Law Makers' - State Legislators and Congress - moving in the opposite direction. Protecting 'entitles' & 'artificial persons' as "Nobles" from that which is REAL - the Individual Human Being (Human Person), with 'statutory caps' on their Wrongs, or Bars from Actions for their Wrongs (violations of Law) while imposing 'minimums' on the oppressive sanctions that may be imposed on the Individual Human.

We, in this Land, should have the LOWEST incarceration rate in the world. If We the People were true to the Mandate given posterity by the founders. Rather than having the HIGHEST incarceration rate in the world.

Our 'incarceration rate' (the percentage of our population suffering restrictions on liberty for penal violations of law) is the greatest indicator we have a government that no longer performs the function for which it was constituted. A 'rogue' government operating contrary to the Rule of Law in this Land.

I will be watching very closely to see if the foregoing argument is addressed in this 'second look' at federal law by the Justices in OUR courthouse known as the US Supreme Courthouse.

Ed

www.informed.org

http://groups.yahoo.com/group/ed44/ Join our Experiment in OpenLaw

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