Immunity or Accountability – The Modern Day Mistrust of Government
By US~Observer Staff
A U.S. Citizen’s rights are supposed to protect them from abusive government. In theory, if a person is abused by government they should have the means to seek relief through civil or criminal action. Today, however, the ability to protect oneself is under attack, if not almost completely gone. Have you ever tried to sue a corrupt judge who violates the law? Have you tried to sue a corrupt prosecutor? How about any rogue government agent? If you have tried to seek legal remedy, then you have likely heard the phrase, “qualified immunity” – meaning, if these individuals were working in their capacity as a “public servant” they are immune to prosecution and civil litigation. In short, they have a right to harm you, if they are doing their job. This “above the law” practice has been employed by most governmental bodies across the United States protecting themselves from the citizens they are supposed to represent, and thereby creating an atmosphere where it is nearly impossible to redress your grievances of injustice when that injustice is performed by agents of the government. Nothing could be more dangerous than to let those who should be held to a higher standard, be exempt from liability. Furthermore, if history is any indication of what lies ahead, severe changes will need to take place if this nation is to survive. Several polls, from different politically affiliated sources suggest significant problems – a deeper distrust of government.
According to a recent article in the Yale Law Journal, three of the foremost experts in this area, “have concluded that recent developments in qualified immunity doctrine leave ‘not much hope left for plaintiffs.’”
If you watch television, or skim through social media theses days, you are likely seeing the movement for criminal justice reform growing significantly. Advocates for those who have been abused by government, specifically criminal defendants who were once wrongfully convicted, are popping up daily.
Instead of treating this travesty of justice like the problem it is – many in government have chosen to fight back by trying to expand “qualified immunity” to excuse themselves of even more wrongdoing, thus preventing any real means for the victim of government abuse from seeking remedy.
We see this type of behavior by government in several other areas where they are expanding their “immunity” to include laws that govern a citizen’s behavior. Take gun laws for example. Legislators often create laws that impact those whom they supposedly represent, while exempting themselves from the same laws. Just last year in California, by a 28-8 vote, the Senate voted to exempt themselves from the same gun laws citizens are to abide by. How about the Affordable Healthcare Act? Congress is exempt from portions the act! Does that sound like we are all created equal, as is guaranteed in our founding documents, or are they creating a separate class of citizenry with more rights?
Further examples include the Federal Government’s exemption from consumer protection laws, as well as exemptions from overtime laws for local government hourly wage earners, and exemptions for permit requirements.
Exemptions and this “Immunity” have paralyzed the trust many once had for government.
Be more than the backseat driver when it comes to your rights. Get to know your local government employees. If history is any indication of the future, we all have a very tough job to do, and that is to hold government accountable. If we fail to force accountability – revolution will be inevitable.
There should only one class of citizenry in the United States – WE THE PEOPLE.