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Democracy vs. Oligarchy – ABUSING SENIORS

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FROM OUR MAY 2018 PRINTED EDITION

Lawyers Running Amok

Democracy vs. Oligarchy

by David Arnold

This is the third in a series of articles on democracy in the United States. The first was “The death of democracy in the Probate Court,”

The second was “We the people and accountability of lawyers,.

We have all been taught since childhood that the United States is a democracy. I used to just accept that without questioning it. However, democracy is not automatic. It is a constant struggle to make sure no individual or entity takes control of the whole government.

The United Stated has the structure of a democracy with three different branches of government. There are supposed to be checks and balances between the three branches to prevent abuse of power by any one of the three branches of government.

The tripartite system of government is commonly ascribed to the French political philosopher Baron de Montesquieu. Having three branches of government is a necessary but not sufficient condition to insure a democracy. Montesquieu pointed out an additional requirement. The personnel of the three branches must not coincide. If a single person or entity controls all three branches, this destroys the checks and balances. The government ends up being an oligarchy.

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We the people and Accountability of lawyers

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By , on January25th, 2018

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Self-policing violates a basic principle of law. It will not work in a culture that does not tolerate “whistle blowers”. Honest lawyers seem unable to defend themselves against dishonest members of their profession. Lawyers control most of the government. In order to have a true democracy lawyers need to be accountable to “We the people”. David Arnold

Originally posted in Boston Broadside on line.

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Part 1. “We the People”

The Constitution of the United States begins with “We the people of the United States,…”

Abraham Lincoln said “Government of the people, by the people, for the people, shall not perish from the Earth.”

The United States of America is the best country in the world. The goal of many people in the rest of the world is to live in the United States. I always felt safe living in the United States of America because it is a democracy. The purpose of democracy is to prevent abuse by government.

I never worried about abuse of the power by government until 2012. Someone I loved very dearly was subjected to abuse by a professional guardian appointed by the Probate Court. I was also subjected to abuse. In practice, there was no recourse to the power of the guardian. There were no checks and balances. There was no accountability.

People who have been victims of abuse by court appointed guardians say this is not supposed to happen in a democracy like the United States. This kind of thing only happens in third world dictatorships. But it does happen. I know. I was a victim.

I kept asking myself how this could happen in a democracy. That question would not go away. It remained unanswered for 4 years. In 2016 the answer finally came to me out of the blue. The Probate Court is not a democratic institution. It is a dictatorship (see the December, 2017 issue #45 of Boston Broadside, page 3).

Unfortunately, that is not the end of the trail. There is an underlying problem that makes it very difficult to fix the problems with guardianship.

The French philosopher Montesquieu who advocated the idea of three branches of government also pointed out that the personnel of the three branches should not coincide. If the same people or entity control all the branches of government this negates the checks and balances.

The problem is not hidden. We all have the information needed to understand what is wrong. However, it took me a long time to see the truth that was lying in plain sight. Consider the following:

  1. The Judicial Branch is controlled entirely by lawyers.
  2. The Legislature, both state and federal, appears to be about 60 percent lawyers.
  3. The Office of the District Attorney which is under the Executive branch is controlled by lawyers.
  4. A disproportionate number of governors and presidents are lawyers.

 

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