GREEN JUSTICE

Green Justice: Rehabbing the Law

We will have no consistent, sustainable justice, no environmental justice or social justice without economic justice. Without green law, economic justice and peace are impossible.

What injustice is worse than ecocide?  What violence is more damaging or more costly?  The only possible contender is spiritual ecocide, the total corruption of humanity.  Both are atrocious, distressing, disturbing, demoralizing and depressing, especially to young people.

Pandemic corruption assures ecocide, letting infected judges, politicians, lobbyists, and their corporate bosses act as if anything goes.  So, they make a mockery of the US Constitution and every law that should be protecting us.  Now, a vast majority of us are too ill informed and confused to recognize deadly corruption and global destruction.  It is time for leaders, officials, and law makers to awaken them, taking bold action to remedy the situation.  Otherwise, civilization will keep falling.

"In addition to political oppression, we have economic, intellectual, religious, environmental, and gender oppression in this world.  When we talk about peace, we cannot view indiscriminate killings and destruction of property in isolation from the poverty, illiteracy, environmental threats, religious intolerance, and gender oppression faced by people who have been left out, who are unable to see their niche, who have lost their sense of direction."

The preceding quote is from a veteran Member of South Africa's Parliament, Ela Gandhi, successor and granddaughter of Mahatma Gandhi.  Chinese law makers and sages recognized the ills of capitalist society over 3000 years ago.  Here is one relevant example...

"In devising laws and penalties, severity is essential, but in enforcing them, mercy [compassionate pragmatism] is essential."

Until all of us are perfect Christians or living Buddhas, that ancient Chinese strategy remains appropriate to our crimes of ill will, corruption, passion, need and greed so common these days.  Corporate and institutional crime are truly the worst of all, but corporations and corrupt officials deserve less mercy than less privileged individuals sucked into the culture of evil.  They may seem to have an unbeatable advantage, but the murderous tyrants of Egypt, Tunisia, Kuwait, and Serbia must have seemed immune to defeat by their victims.  Still, as clearly as Chuang Tzu saw reality 2300 years ago, we can see that "expecting government without misrule requires ignorance of the fundamental principles of the universe."

Chuang Tzu was talking about integrity, relativity, and karma.  Karma is the law of interdependent interaction and dependent origination.  Nothing in the universe exists apart from everything else.  Each thing exists in generative relation to everything else.  Hot and cold or spice, salt and sugar demonstrate material relativity.  So, we will never have pure capitalism or a pure form of government without being pure people, but that does not keep us from establishing a realistic system of government and laws that keep misrule to a minimum.  US history proves that will not happen until after we cure the economic system and enforce laws protecting all species from mindless, heartless destruction.  Otherwise, impure corporations and speculators will keep using their schemes to destroy economies and cultures and environments for perverted pleasure, fake happiness, fake power and perverted wealth.

Multinational corporations, though legally defined as fictional persons, most closely resemble discarnate entities, megademons or devils, something like Tolkien's immaterial Sauron, the dark lord, maker and ruler of "orcs" and other hideous creatures of evil.  They show symptoms of being, but are not human or any other kind of natural being.  With no loyalty to the USA or humanity, ecocidal corporations use scams and bogus economics to maintain their tyranny of debt, fear, confusion and chaos.  That can and must be stopped by using the law and the humane basis and purpose of law.

The USA is a society of law, originally intended to liberate and protect us from monsters of predatory capitalism.  The US Declaration of Independence and the Constitution exist to guarantee the inalienable natural rights and liberties listed and described in those primary legal documents, the legal basis of our nation, the foundation our government.  We, the natural people, are guaranteed protection and respect of our natural rights to life, freedom, and our individual endeavors to attain happiness and secure well being.  The Constitution says nothing about natural rights for unnatural, legal fictions, like corporations.  The Constitution does say that its purpose, protecting the natural and spiritual rights of natural human beings and US citizens, is its supreme cause and intent, even if part of the language of it or its amendments contradicts its basic intent and purpose.

Concepts or terms in the Constitution or any other law of the USA or of any of the states granting equal rights or status or power to unnatural legal entities are invalid, illegal.  Any statutes or judicial decisions opposing or degrading or superseding our human rights and our natural privileges of US citizenship are invalid, completely illegal from beginning to end.

Regardless of the Constitution and their official oaths to uphold it, the rogue Supreme Court inJustices recently granted corporations even more legal rights, powers and freedoms than were usurped already, making them less liable to arrest, criminal prosecution and the punishments inflicted on real people.  The only reasonable remedy is abolition and repeal of bogus laws and court decisions, accompanied or followed by new legislation stripping corporations of their fictional yet legal personhood, rights and privileges, now equal or superior to ours.

Temporarily, we could make corporations equally liable to the same or similar laws that apply to natural persons.  Instead of the death penalty or banishment for high treason, we could sentence the worst corporate offenders to permanent nationalization, restitution, and reparation payments to us and our descendents, the injured victims.

Clearly, sustainability policy analysts, advocates, planners, teachers, community leaders, or green politicians, need to understand the basics of constituional law, politics, and history.  If we lack a deep understanding of the principles and governing dynamics of law and government, the antigreen opposition will keep winning the battles, and we all lose in their End Game.

In his article, We The People (The Nation, Feb. 7, 2011), legal scholar and author Garret Epps makes an excellent case for a sustainable civilization while exposing the malignant agenda of Far Right power freaks as barbaric feudalism, at best.  Epps offers several helpful reminders on what government by the people can do to change the rules and the nature of the game...

"The most important truth about the Constitution is that it was written as a set of rules by which living people could solve their own problems, not as a "dead hand" restricting their options. Strikingly, many important questions, from the nature of the Supreme Court, to the composition of the [president's] Cabinet are left to Congress."

Bear that in mind while considering the suggestions and proposed options in the section on Greening Government.  You should also reflect on the implications of Epp's quotes from the Constitution, mandating the power of Congress...

"...to make all laws which shall be necessary and proper for carring into execution" not only [those] specific powers but "all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."

Sane policy must be aimed, enacted and enforced against any kind of organization or institution, including governments and their agents, officials or representatives, at least in cases of ecocidal or generally harmful actions affecting the biosphere, the public at large and the future quality of life.  Natural persons who commit war crimes can be arrested, prosecuted and severely punished.  The constant onslaught of antigreen corporate propaganda, coercion, and ecocidal lobbying is equivalent to psychological and chemo-biological warfare, mass torture, felony assault and psychopathic harassment.

Ecocidal offenses against life, nature and human happiness are equivalent, in principle, to aggravated assault and harassment on a massive scale or, at worst, equal to multispecies genocide, attempted mass murder and global terrorism.  Generally, human beings want to live in peace, not endless struggle against heartless forces of evil, economic exploitation, massive corruption, and indiscriminant destruction.  Having to constantly fight against a well funded empire of ecocidal maniacs, employing an army of full-time professionals who orchestrate systematic corruption is exhausting, debilitating, horrific, and demoralizing.

Making that the American Way is unconstitutional.  That is our ace in the hole, the basic, actionable, treasonous offense against us, the people, and against our system of government and our Constitution.

The science of psychoneuroimmunology is based on the interdependence of immunity, mind, body and environment.  What affects the environment affects the body and mind, and what affects the mind affects the body's biochemistry and our immunity to illness.  Anti-American corporations and ecocidal maniacs are making us sick, weak, and delusional for the sake of pandemic cheating, planned obsolescence, and tyranny disguised as the global Consumer Society and its unfair market economy.

Fortunately, in our society of laws, our Constitution is the supreme law, guaranteeing the best possible protection of our inalienable, natural rights.  The foundational Supreme Court decisions make clear that the US Constitution authorizes only the best possible governance and, in principle, only green law.  As the supreme law of the land, the US Constitution guarantees legal protection for human beings against harm by any violators or usurpers, whether they be kings, politicians, bureaucrats, governments, agencies, corporations or Supreme Court justices.

In principle, law is a matter of principle.  The ruling logic here, given in the 16th Jurisprudence of Federal Law, defines any act, law, or regulation violating the intent and purpose of the Constitution (even in itself or in an amendment to it) as completely illegal, as originally null and void as if it never existed.  That voids all anti-American, anti-life, antigreen decisions and enables prosecution of ecocidal law makers, corrupt judges and evil Supreme Court Justices as traitors.  They, most of all, have no legal excuse for homicidal treason.

When elected officials and judges granted corporations rights, privileges, and powers equal to those of natural persons, those acts and decisions were treasonous abuses of official power, criminal violations from the start.  Since US judges and government officials are not gods, they have no power or legal right to give personal rights to anyone, especially not to inhuman, unnatural, un-American legal fictions, like multinational corporations.  Since the last several centuries of history prove their chronic habit of ecocidal irresponsibility and abuse for the sake of destructive exploitation, anti-natural political subversion, and other forms of harm, corporations must be dethroned, depersonalized, and disempowered.  When corporations and their ecocidal agents are illegally empowered to use fake rights and illegitimate powers to deprive US citizens and humanity of optimal quality of life, liberty, and happiness, for the sake of mass destruction, corruption and profit, that is an act of war, conspiracy, treason, and ecocide.

The judges of the US Supreme Court had no legal authority to increase the powers, freedoms and rights of corporations and multinational organizations to abuse, delude, and defraud real persons, living citizens of the USA and our descendants.  It may not be feasible to prove their decisions were intentional treason, but decisions for corporations that harm US citizens and pervert our legal system for profit are clearly acts of treason and/or war.  These most horrific of all crimes should be treated and tried accordingly and swiftly.  Hence, the President of the USA, the Congress, the Governors of the states and their legislatures can disregard and abolish all false laws pretending to give corporations rights equal or superior to those of living human beings.  Local police officers and US marshals can immediately arrest the perpetrators and their accomplices.

Our government officials take a sacred oath to protect us and the Constitution.  In refusing to do their duty, they are guilty of gross violation of their oaths of office, criminal negligence, racketeering and treason.  According to federal law, that degree of treason, in collusion with or aiding and abetting multinational powers and corrupt organizations, to subvert our governments and courts, is subject to immediate arrest, imprisonment, criminal prosecution, then capital punishment or permanent banishment.  If the police forces fail to do their duty, then governors can order their state's national guard to do the job.  Shall we demand justice or suffer worse?

Reforming international law may not be so difficult as exorcising the empire of capital and corporate politics, Wall Street USA.  For example, the European Economic Union and the International Criminal Court are primed for radical reform and legal activism against ecocidal corporations.  The EU's successful battle against Microsoft's oppressive monopoly game serves a precursor to more effective environmental law in the West.  We should be grateful for China's ultimate example of healthy totalitarianism, ending the use of plastic bags for groceries and produce in just one day.

Using the Green Planning Standard, the directives, and the prudent man rule of legal logic, we can craft and enact effective laws requiring immediate intervention and enforcement to protect all life on Earth.  The prudent man rule is simple in essence, yet good for covering complex issues.  Where long experience, extensive research, observation, analysis and overwhelming evidence show harmful effects and potentially extreme or cumulative, but unpredictably dangerous impacts on the future quality of life, we can swiftly outlaw, prevent, stop and penalize any activity that a reasonably intelligent, sane, compassionate person would see as too dangerous to permit.

Conclusive scientific research of dangerous substances, technologies, processes and practices can sometimes take decades or generations.  Unwise use of dangerous substances, technologies, processes and practices has caused horrible chronic illnesses, deaths, disabilities, unpredictable mutations, destruction, pain and suffering on a massive scale.  Since the third most common cause of death in the USA is medical malpractice, medical accidents and harmful diseases spread in and by hospitals, we must be extra wary of the findings and assurances of the researchers and doctors funded by billionaires and heartless corporations.

As exposed in the John Le Carré novel, The Constant Gardener, and many other good books (of nonfiction), huge corporations spend a small fraction of their multi-billion dollar profits protecting ecocidal sociopaths and tyrants, to keep their quarterly profits, growth and competitive advantages as high as possible, regardless of how many people are poisoned, killed or disabled for life.  They cannot trusted with the fate of the next generation or this one.  The Exxon corporation still has yet to pay Alaskans for the disaster, damages, and multi-generational illness caused by the wreck of the Exxon Valdez supertanker.  That massive injustice is just one of thousands encouraging corrupt officials, corporations, ecocidal executives, directors and stockholders to harm and destroy with impunity.

Why wait for the most perverted owners, employees and officials of ecocidal corporations and governments (and/or their families) to get sicker or start dying before we change the nature and purpose of the game — with healthy new rules?  Any reasonable person would hope for more sanity, now.  Granted, the military-industrial-bureaucratic complex and its elite corporate sponsors have perfected the art of deceiving, dividing and conquering by stealth and corruption.  Those of us who care must take effective legal and civil action, the sooner the better.

Remember, the Green Planning Standard can be used to evaluate the greenness or anti-greenness of almost anything, including judges and their decisions, politicians, their campaign platforms and their actions.  When public officials are grossly violating their oaths of office, refusing to serve and protect us from physical, mental, social and financial harm, they are acting in their own interest, violating their employment contract and their job description and the law.  That means they then have no legal exclusion or special protection from being sued or charged with crimes and arrested.

As late as it may seem, grams of prevention are still far better than kilos of cure.  We must remember that, unless we get some fairness back into the rules of our money game and take the profit out of government, we will have neither optimal nor systemic justice, nor prudent or sane governance benefiting all people, all species and all generations.  That may take awhile, but the sooner we start making ecocide and deadly assaults on nature serious felonies (equivalent to mass hate crimes, multi-generational genocide, and multispecies mass murder), the sooner we will start recovering political and financial health.  Requisite political and economic policy changes are covered in more detail in the next two sections.

GREENING GOVERNMENT

Greening Government

"Nothing creates more misery than incompetent government... Day by day, the lives of the people took on the color of despair.
... "The economic crisis rocked the foundation of people's lives, just like a massive earthquake..."

Daisaku Ikeda's description is about Japan's disastrous situation at the end of WWII, but it now applies to too many of us around the world. For the ecocidal ruling elite, the "Free Market" means depressing and enslaving 99% of us so they can be big winners and party in excessive luxury while destroying the world.

Effectively serving and protecting us and our best interests is the only justification for government. When government lets the sick egos of 1% of us impoverish, enslave, retard and abuse 99% of us, that is psychopathic tyranny, not good governance. The recent history of Kuwait, Tunisia, Egypt, and Libya prove that we can successfully act, as healthy, self-determining beings with a sustainable future, to ensure the effectiveness of government, to serve and protect our whole way of life, as long as that is something more than TV addiction and chasing debt dollars, drugs, and pleasure no matter what.

We can use the Green Planning Standard to evaluate politicians, current and proposed laws, regulations, systems, projects, programs, strategy, and methods. That and the Global Policy Directives and Gandhi Mandates will enable positive change, as rapidly as possible. Then the Seven Essentials of successful culture will be our core values and prime motives, especially in politics and economic activities.

Since we, and all future generations depend on a healthy environment for a healthy quality of life, sane social policy is impossible without sane environmental policy. Sane environmental policy depends on humane, compassionate, ethical economic policy. Politicians, lobbyists, and corporate officers who ignore or deny or lack real interest in these issues may be clever, but are not wise or sane, nor competent or trustworthy. Denial of basic truth is a symptom of delusion, mental illness that causes illness, indiscriminate destruction, and further perversion of human culture. If we fail to sustain personal sanity and governance based on sane policy, based on the Seven Essentials of Cultural Success, the Global Policy Necessities, and the Gandhi Mandates, we will fail to choose a sane, healthy, successful future. If most of us fail to sustain success, this fragile civilization will fall, and we would all suffer the consequences of ultimate failure.

We can all admit that political pretenses and superficial changes will produce no systemic change that sustains healthy culture in a beautiful future for a majority of human beings. Free Market and fair trade are not identical concepts. Schumacher, Galbraith, Keynes and Adam Smith all agree on that. Against overwhelming odds and heartless opposition, Galbraith's pragmatic view led him to concentrate on implementing and developing Keynes' strategy for rescuing the culture. Schumacher focused more on explaining the ecological impacts of negative social games, while fostering and sustaining a more holistic approach to creating a healthy culture. That was mostly ignored or forgotten in the elitists' rush for ever bigger scores, destructive privilege, perverse power, and more stuff.

Abuse and corruption are not service. What terrorist attack is worse than deliberate ecocide? But why do right wing elitists want the admiration of uneducated fools and ill informed neurotics? Remember, they are victims of child abuse and deliberate brain damage, suffering undiagnosed post-traumatic stress disorder. Rule by ignorance, greed, hostility and corruption is beyond unhealthy. Socially impaired politicians and executives need compassion and therapy as much as any brain damaged child.

The principles and stratagems expressed and prescribed in the previous sections, support remedial emergency executive orders, they enable compelling campaign strategies, ballot initiatives, new legislation, policy directives and real mandates for our legal and political representatives, making them accountable for their decisions and actions. Most politicians are lawyers. Neither lawyers nor judges have any excuse for ignoring, subverting, perverting, abusing or breaking the law. Judges, law enforcement officers, and other government officials have a legal responsibility to enact and enforce effective laws and regulations.

Overwhelming amounts of scientific research data are unnecessary for protecting humanity from ecocidal officials, corporations, processes, and products. In law and governance policy, there are two principles that apply to all cases where common sense and compassionate wisdom should rule, the "prudent man" or reasonable person rule and the bright line test.

In the first case, law makers, administrators, and judges should err on the side of caution if any reasonable person would realize that an act or product clearly involves substantial danger of harm. For example, if we know that a process or product has caused great, ongoing harm and damage that is hard to measure, then there is no good reason to permit it or to demand exact quantitative analysis of the damages and costs before imposing a ban. In the bright line test, unless there is visible evidence pointing to the existence of a fleeing suspect beyond one or more doors, there is no justification for an unwarranted entry or search. In the case of ecocidal mania and corporate corruption, many bright lines indicate the presence of dangerous suspects, perpetrators, and traitors behind the closed doors of many, very expensive offices and conference rooms.

In the USA, we have all the power and reason we need to force the changes needed by our children and other living beings. All we lack now is the intent, will, motivation, commitment, and action we need to the cause the desired results.

Those of us who truly care must not give up. We need to foster more awareness, understanding, integrity, more compassionate wisdom, more participation, accountability, action and progress.

Since it may be best to let the ecocidal maniacs keep playing their for-profit game for a few generations, we can even use the Supreme Court's bogus decision to hold corporations more responsible, accountable and indebted to society for their extra privileges and superhuman political power. For example, states could require corporations to assign 50% of each stock offering to their citizens, or counties and cities could levy realistic corporate taxes, fees, duties and fines, but give corporations the right to use double the amounts of stock as an alternative.

In a green, responsible partnership model, governments can hold corporate officers and directors legally liable for gross mismanagement, malfeasance, and corrupt practices. Breach of the partnership 'contract' by corrupt corporate directors and staff would then be felonies, including treason. Still, at some point it will be best to divest corporations of their unconstitutional, illegal rights, illusory powers and political privileges. Letting corrupting illusions and lies continue will always tend to foster more mass confusion, corruption, damage, and negative exploitation. To sustain a government that fosters best case scenarios for all of us, we need to find and cut out the rot.

As usual, the anti-green, anti-life opposition will increase its attempts to scare us or seduce us into more despair, apathy or complacency, and away from accomplishing our mission. To win a healthier future and a saner, less corrupt government, we must strike on many fronts, but making official corruption equal to treason is a prime essential.

Since the US Supreme Court has lost touch with the basis of US law and the reality of planetary karma while pandering to corporate demons, we may need to establish two (2) new branches of government, either officially or functionally, state by state, county by county and/or at the level of community. The constitution of the so-called Iriquois tribes of the Haudenosaunee Confederacy, with five branches of governance, sustained the commonwealth and peace in harmony with nature for several centuries. We can use typical corporate and nonprofit structures for our modern situation. That means establishing a national board of directors, with a leadership committee instead of a chairman. A board of advisors with supervisory responsibility or a supervisory council of elders or stewards can function as guardians of the public good. If such a robust system is made official then, when the Supreme Court refuses to hear important cases or makes perverse decisions, the new branches of government can also serve as courts of last resort.

Yes, we can, as a nation and as a species, defeat the enemies of nature, spirit, and freedom, but not by sitting back, watching TV and expecting politicians or a super-hero to do our job for us. If we want the best possible government of, by and for us, the people, then we must reform it for ourselves, for our children and for theirs. One step at a time, with passion, we need to ensure that our Green Policy Directives are widely distributed, understood, implemented, enacted in law and enforced with effective penalties and incentives. However long it takes, since the causes and actions are truly noble and excellent, the results will be equally good. Our worst fear should be getting tricked into selling or renting ourselves and our children back into delusional slavery.