2020 and THE RULE OF LAW

THIS PAPER WAS SENT TO OVER FIFTY MEDIA SOURCES ON 3/3/2019

THE FOLLOWING “OPEN LETTER” IS PROVIDED AS MATERIAL FOR AN EDITORIAL COMMENT, AS A TALKING POINT, A LETTER TO THE EDITOR, OR WHATEVER MANNER/FORMAT ACCEPTABLE TO YOU AND/OR YOUR ORGANIZATION.  MY ONLY REQUEST IS THAT YOU ACKNOWLEDGE THE SOURCE AS THE COMMENTS OF A CONCERNED 85+ YEAR OLD SENIOR.  YOUR INTEREST IS VALUED AND APPRECIATED.  SHOULD YOU DESIRE BACKGROUND INFORMATION…GOOGLE, “GIL EISNER NEVADA”.   

GIL EISNER LAS VEGAS, NV   GILEISNER@HOTMAIL.COM

AN OPEN LETTER TO 2020 CANDIDATES

FOR THE PRESIDENCY AND CONGRESS

    by Gilbert Eisner  Las Vegas, NV

The pivotal 2020 election may be the greatest challenge to America’s democracy and the Republic, and consequently it will be the most important election in contemporary history. As the campaign rhetoric begins, not a single word has been spoken about the judicial keystone of the Republic and democracy – The Rule of Law!

Campaign rhetoric has focused on important issues such health care, climate change, jobs, education, guns, social justice, etc. yet, there is no discussion on the judiciary system which interprets and establishes the legal implications of legislation and the constitutional applicability of those acts in accordance with The Rule of Law.

Judicial authority is established by Article III of the Constitution, and the Judiciary Act of 1869.  The 1869 Act, a hundred fifty years old action, was passed by Congress when there were 38 states, and a population of 30 million with an actuarial life expectancy of less than 60 years.  The Act was approved shortly after the Civil War, Lincoln’s assassination, and before the Second Industrial Revolution, in a time where there were no automobiles, electricity, drones, typewriters, cell phones, computers, telephones, sewers, movies, TVs, etc.  It is hard to conceptualize the United States of 1869.  Now 150 years later, it would be incumbent of the new Congress and administration to make the first order of business the review and update of the judicial rules established in and for that 1869 period.

Many times in this highly charged political environment, the terms of the Act permits one vote on the Supreme Court to determine the Rule of Law for 335 million Americans, 50 states and six territories.  Yes, one politically appointed individual can determine the meaning of the Rule of Law and the Constitution.

It is time to bring the Judiciary Act of 1869 into the present and prepare for the future as the Judiciary Act of 2021.  This would address the issues of the 1869 Act and prepare the judiciary for a future that involves gene editing, nano science, artificial intelligence, robotics, augmented reality, space laws, quantum computers, G5 and only GOD knows what else.  Americans are entitled to  a political campaign which expresses legislative interest in this task.

Some updating thoughts:

  • The Supreme Court should be comprised of Justices in a number equal to the number of Federal Appellate Court Districts (13 currently).  One of whom shall be designated Chief Justice.
  • Supreme Court decisions require a two-thirds majority vote of the Court (9 Justices). 
  • There are no life time appointments.  All Federal appointed Judges shall serve a single generational term of 25 years
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Candidates, tell the voting public where you stand and what you intend to do!

Gilbert Eisner 3/3/2019

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