At Our Discretion

When the Law comes for me… I have no choice but to comply. There are no negotiations on the terms of my surrender. There is no ‘privilege’ that I could invoke that would deter an Officer of the Law. They simply ASSERT their authority, and I go where they tell me… advising me that I have the right to remain SILENT.

**I have no choice but to comply.**

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https://www.nytimes.com/2022/04/10/us/politics/jan-6-trump-criminal-referral.html

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It’s not that I don’t have OPTIONS… I just don’t have the MONEY required to exercise those options. I don’t have the funds necessary to secure legal counsel on retainer. I don’t have the legal connections or established rapport that would lead the Department to exercise prosecutorial discretion on my behalf.

They’d just do it, like they did with Paul Manafort or Roger Stone… just before DAWN.

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https://www.cnn.com/2022/04/08/politics/donald-trump-jr-meadows-text/index.html

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When laws are broken, someone goes to jail. When laws are broken, and no one goes to jail… that is a degradation of the fundamental ideals of our society.

That is a Constitutional Crisis.

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https://www.motherjones.com/crime-justice/2022/04/amir-locke-no-knock-warrants-minneapolis-jacob-frey-mark-hanneman-ellison/

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This wrong, if allowed to go un-righted, will lead to the destruction of us ALL. Legal Precedent, paired with the discretion entrusted to individual Officers and a system that believes the Officer’s WORD above all else. Until we decide to do something about it…

**They retain the right to do this to us all.**

A system that favors those with MONEY over those WITHOUT. How much time and effort would be necessary, to transform that system into one that’s EMPOWERED by those with money… to go after those without.

One might say… that time has already arrived.

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“Amazon, here we come.” —President Joe Biden

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Bluster and bravado haven’t worked when it comes to swaying the opinions of billionaires, hell-bent on total domination… my guess is, it won’t work out well for us in the future.

Amazon isn’t the culprit. They have legal teams that work every day to ensure they are following the LAW. The law… as written, by our Elected Officials.

What good does it do us to attack companies who are following the law, when we can just change the law and ensure stricter enforcement of laws that already exist.

…

https://www.npr.org/2016/03/16/470664561/mcconnell-blocking-supreme-court-nomination-about-a-principle-not-a-person

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https://www.politico.com/news/2020/09/18/mcconnell-vows-senate-will-hold-vote-on-ginsburgs-replacement-418021

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https://www.axios.com/mcconnell-ketanji-brown-jackson-confirmation-127977a3-a4ed-44a6-9485-80169ead4c45.html

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Every part of our Legislative Branch is now BROKEN. Every aspect of it needs to be examined, and it’s been that way for YEARS. ‘But that’s just the way it is in DC…’ so why would anyone want it to CHANGE?

Why would anyone even want to TRY? Considering the depth of the problem and the SIZE of the reforms required. Attempting something so massive could endanger the Constitution itself if we were to even try…

…

It seems to me, we’ve already reached that point if we do not ACT.

We must convince the naysayers. ‘We, The People…’ comes FIRST.

Without them, there is no ‘… United’.

…

It is now abundantly clear… the perception of what we have, and what it is we actually do have are two totally different things. We may be divided in PRACTICE, but we are not divided in PRINCIPLE. We do not stand divided.

The People of the United States of America are being divided… and it’s being done intentionally so.

Instead of focusing on the root of our problems, we’re laying blame at the feet of the other POLITICAL PARTY. Pointing fingers instead of finding common ground. We need to stop listening to talking heads and start SPEAKING OUT for ourselves.

Every one of us wants to “Stop Abortion”… but criminalizing a Medical Procedure will not stop abortions from happening.

My father once told me, ‘If you outlaw GUNS, only OUTLAWS will own GUNS.’

If we outlaw abortion, only “outlaws” will have access to abortion services… those with the financial means to do so. Those who can travel. Those who can afford to take time off from work… those who can have the nanny take care of the kids for the weekend.

LIVES are at stake. The lives of children AND the lives of the women who are forced to carry an unwanted pregnancy.

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This subject demands CLARITY.

We must ask ourselves, what is it we are trying to accomplish? Are we trying to SAVE LIVES… or are we simply trying to deny the fundamental Human Rights of HALF of our society?

Because we already know how to save the lives of the unborn.

We ensure women have access to everything necessary to ensure a healthy and successful pregnancy. And until that day comes, when a woman CHOOSES to become a mother… they are a Human Being seeking Medical Care.

There should be no government-sponsored “Death Panels” involved in making our healthcare decisions… period.

If we let them dictate to us when it is we are ALLOWED to have a child,

We give them the legal precedent to tell us when it is we CANNOT.

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https://www.investopedia.com/terms/o/one-child-policy.asp

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There are NO LAWS restricting any aspect of my reproductive rights.
It should be the SAME for every American Citizen.
EQUALLY.

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“The sacred defense of the Reproductive Liberty of ALL People being Our Common Duty, the Right of a Woman to Choose shall be protected.”

https://jackcharbonneau.com/2018/03/29/a-call-to-amend-the-constitution/

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We need a CLEAN BREAK. We need a FRESH START. We need to find a way forward without ignoring the harm that has been done. We can go on about punishing everyone who has lived their lives adhering to false premises… being taught falsehoods as TRUTH, when in reality they were really LIES…

Or, we can forge a new understanding… reestablish what it is our Constitution actually means. ‘THIS is what we once believed… as a society, as a PEOPLE. But now those beliefs are NO MORE.’

We choose to CLARIFY what it is we stand FOR…

“… with Liberty and Justice for ALL.”

Is that what we STILL believe?

Then let us ensure that there is NO DOUBT.

-JC

On the Subject of Equality

The following letter sent to the Archivist of the United States from the United States Senate, and signed by Senators Portman, Romney, and Johnson, moved me to add my own voice to the discussion.

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https://www.hsgac.senate.gov/imo/media/doc/2022-02-08%20Letter%20to%20Archivist%20re%20ERA.pdf?eType=EmailBlastContent&eId=de6ac831-0170-4b20-be6c-4cd4075a2e1b

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It remains my opinion that EQUALITY has no time limit, and the Will of The People should always reign supreme.

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Below is a copy of the email I sent to the archivist this evening, outlining why I believe the Equal Rights Amendment should be added to the Constitution.

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To: The Honorable David Ferriero
Archivist of the United States
National Archives and Records Administration 8601 Adelphi Road
College Park, MD 20740

Dear sir,

I am writing in regard to the letter sent from the United States Senate Committee on Homeland Security, dated February 8, 2022, and singed by Senators Rob Portman, Mitt Romney, and Ron Johnson, addressing their concerns about the 28th Amendment and the “… calls for you to disregard your duty and certify the ERA.”

There are few things in this world that are more important than doing one’s duty.

Upholding the Will of The People and defending the Rule of Law, even in the face of overwhelming pressure, is quite honorable indeed. Even when holding that position stands opposed to the opinions of many others, integrity must always be maintained. In a land based on precedent, our actions today will impact generations to come. There can be no doubt, some future case will be presented in an attempt to challenge the validity of a future amendment, and this situation will be referenced. Whether that amendment has already been ratified or not… so long as there is a Constitution left to amend.

It doesn’t take a Constitutional Scholar to see— there’s not a whole lot of legal precedent on the subject of Constitutional Amendments. Each and every case is important in its own right, and the Equal Rights Amendment is no exception.

Everyone seems to have an opinion on the subject, either reasons why the amendment is dead or why it should now be added to the Constitution, but there seems to be one fact that overrides them all— The People have spoken. The requirements have been met. That’s indisputable. Well… if there is a dispute, precedent shows us how disputed amendments can be resolved. There is no precedent allowing for a judicial override of the amendment process, and I say for good reason. Look no further than the example set by the State Supreme Courts.

Setting that precedent for amendments to the United States Constitution would introduce partisanship into the ratification process and it would allow for judicial review of any amendment before passage, especially if a partisan actor were ever appointed to your office. It would forever change the amendment process.

As I said, I’m no legal expert. Just a guy with an opinion. But, I am a Citizen who still hopes that one day, this Nation will pursue the amendment process with great vigor in order to bring about some much needed changes. As it currently stands, that process is already fraught with many obstacles. Whatever your decision will be, I pray you consider what precedents your actions will create… and always err on the side of The People. May their Will guide us all.

Thank you for your dedication and adherence to the Constitution, and good luck to you in whatever path you choose in your retirement.

Sincerely,

Choose Your Own Adventure

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How do we allow Judicial Discretion without ceding the continuation

of discriminatory intent? It all starts at the TOP.

It’s a pyramid scheme.

…

https://www.npr.org/2021/12/08/1062369646/a-federal-judge-dismisses-rose-mcgowans-lawsuit-against-harvey-weinstein

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https://wjct.org/uncategorized/2019/01/judge-dismisses-ashley-judds-sexual-harassment-claim-against-harvey-weinstein/

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Those judges are on the bench because they were nominated and confirmed by elected officials, who hold their office because of a discriminatory system. A system that is not representative of The People overall, but only a segment of the population.

A poll is a scientifically accurate snapshot of the electorate because of the deliberate attention paid to BIAS and efforts made to minimize its influence…

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C72A0BF5-C42A-4695-B1C2-A2CB3FA89413 — Credit: Breaking Points w/ Krystal and Saagar

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… and any politician worth their salt, pays attention to the polls.

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https://www.nytimes.com/2022/02/05/us/amir-locke-minneapolis-police-shooting.html

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Our response to crime isn’t what eliminates crime or deters people from committing crime in the first place. What drives someone to commit a crime.

The overall societal elements that drive someone to pick up a GUN instead of a PHONE… the dire straits that lead someone to STEAL just to pay the BILLS… the conditions that lead one to find more in common with a criminal organization than with a worker’s union…

That is what changes. That’s what makes fertile ground. Not the actions of police. The police officers are only doing what they’re TOLD to do— Enforce the Law.

The Law… as created, by elected officials who are BEHOLDEN to campaign contributions.

You got a GOOD IDEA? Great! Let’s run it past the DONORS and see what they think… ’cause if they don’t agree, you might not get re-elected. If it hurts their BOTTOM LINE or stands opposed to their ideology, they might not DONATE to your campaign. Worse still, they might DONATE to your political opponent.

Hell… they might back a PRIMARY CHALLENGER for that election.

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https://www.washingtonexaminer.com/politics/gop-primary-challenger-against-liz-cheney-raises-over-1-million

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They might even back a candidate that doesn’t EXIST.

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https://www.washingtonpost.com/nation/2020/11/20/florida-election-trump-senator-rodriguez/

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And why not? If that legislation were to pass, it would cost them MORE MONEY than it would for them to fund a non-existent candidate.

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https://nicic.gov/private-prisons-united-states-2021

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Don’t step outta line or the man will come for YOU next.

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https://www.theguardian.com/technology/2022/jan/30/alexa-factory-whistleblower-i-was-tortured-and-jailed-now-amazon-should-apologise

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Did Stop and Frisk work? Crime went DOWN during that period in time, so elected officials took credit for that progress… until it was found to be locking up BLACK MEN disproportionately, then it was shunned and disavowed.

Does the beating and killing of MORE BLACK MEN by police reduce crime?

Unequivocally… no.

Then why does it continue to happen? During periods in time where crime rates are HIGH. During periods in time where crime rates are LOW. Whether we create MORE LAWS or REPEAL THEM. When our Nation’s economic activity is soaring AND when our economic activity is dismal… some things just remain CONSTANT. Some things are just a given.

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https://jackcharbonneau.com/2021/04/24/justice/

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Getting Tough on Crime is kabuki theater of the Highest Order… an enterprise, worth BILLIONS of dollars.

Throwing BILLIONS at crime does not address the underlying conditions that give rise to the criminality in the first place. So why would we associate a reduction in crime with MORE COPS, MORE LAWS, and MORE JAILS? Because they can’t STOP the crimes already in-progress.

There’s a delay effect… a temporal echo. What was PASSED by previous legislatures creates what we see TODAY. More cops, more policing, more violence does not solve the problem NOW. It only addresses the product of their inadequate and flawed legislation. It’s a parallel to Trickledown Economics.

You want people to NOT do crime? Then you have to present them with a viable alternative to a life of crime.

If life keeps biting you in the ass, eventually you stop caring about all the other noise and just focus on yourself. Me against the WORLD. Do or die…

We must avoid getting to that place.

And that doesn’t happen overnight. You can’t hire MORE COPS and solve a financial crisis. You can’t stop and frisk people and expect to solve the problem of increased murder rates. If you tell someone their JOB depends on them finding CRIME… then they WILL find it. Whether it exists or not.

Because they wouldn’t want to lose their JOB now. That could lead them down a dangerous spiral… and we all know where that could lead.

So why would we allow it to happen in the first place.

…

So NOW… let’s reduce crime. Let’s make MORE laws. Let’s get rid of LAWS. Let’s stop enforcing laws or shift the threshold of what constitutes a breaking of the law…

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https://www.cnn.com/2022/02/01/economy/us-job-openings-quite-december/index.html

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If we do THIS, or if we do THAT. If we tweak it around the edges. If we look into the problem… let’s form a panel. A committee… an Investigative Body. MORE COPS. MORE POLICING. ‘I’m outraged!’… by the apparent result of their own INACTION? By the inability to anticipate the consequences of their legislative actions?

By the intentional limiting of options, caused by their need to FUNDRAISE for their re-election.

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So, how do we fix it? How do we get back to NORMAL… without going back to Business as usual? More SUNLIGHT is always the answer.

How do we CLEARLY interpret the Will of The People? Is it with LESS participation? Will we find it through practices of exclusion and disenfranchisement? One man should not rule over a FREE PEOPLE, but should a small handful of elected elites be allowed to decide FOR US who is worthy of that position?

Again, unequivocally… no.

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https://www.senate.gov/artandhistory/history/common/generic/SeventeenthAmendment.htm

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More participation equals BETTER GOVERNANCE. Everyone has a role to play, and everyone’s VOICE should matter equally.

…

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With each successive HOUR, with each passing DAY… the generation that came after the LAST, now knows more than their predecessors… BECAUSE of the work they have done. What we have now was unimaginable to them… and what will come, is beyond our wildest dreams.

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https://www.darpa.mil/about-us/timeline/tiros

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https://en.wikipedia.org/wiki/TIROS-1

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… because they asked WHY.

Because they knew the answers COULD be found, if only we look hard enough. If we refuse to be fooled by those who cling to old ideas and false pretenses…

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https://www.weathernationtv.com/news/a-satellite-look-back-at-50-years-of-earth-day/

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https://phys.org/news/2019-02-latest-weather-satellite-western-alaska.html

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When we push the boundaries and expand our horizons… when we step outside our own little world… we find the answers. We gain KNOWLEDGE. And, of course… we find the answers to questions, we never even knew existed.

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If THIS is the image we wish to SEE…

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https://twitter.com/maxar/status/1269382265320214528?s=21

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… then how can we expect to find it with resolution like THIS.

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https://en.wikipedia.org/wiki/File:2020_United_States_presidential_election_results_map_by_county.svg

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And what will we SEE? The fine points, the details, the minutiae… at the heart of it all, is our LIVES. When the Rule of Law reigns Righteously and Equally, we will know what the opinion of the MAJORITY is. It’s the difference between thinking we know what The People want, and actually knowing what they want.

The answers to these problems exist. The question now becomes—

Do we have the COURAGE to find them?

CLARITY. Above all else. MORE SUNLIGHT is always the answer.

-JC

Let There Be No Doubt

I keep thinking about WATERBOARDING, and how that War Crime… that Crime Against Humanity… was found to be justified by a lawyer. Did he ever go to prison? Were charges even brought against him?

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https://www.washingtonpost.com/investigations/electors-giuliani-trump-electoral-college/2022/01/20/687e3698-7587-11ec-8b0a-bcfab800c430_story.html

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Of course not. It was a legal OPINION, presented after thorough research and collaborative efforts within the entire White House Office of Legal Counsel…

As directed by the Chief Executive.

There are no “Rogue Actors” in a White House Administration. There are only those who GIVE the orders and those who FOLLOW them… and if they don’t follow those orders, they are asked to LEAVE.

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https://www.rollingstone.com/politics/politics-news/alexander-vindman-escorted-out-of-the-white-house-949729/

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The Commander-in-Chief gets what he wants. If they can’t deliver, then he finds someone who CAN.

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https://www.theguardian.com/us-news/2019/apr/05/michael-cohen-trump-code-language-lie-to-congress

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https://www.cnn.com/2019/10/17/politics/sondland-deposition-impeachment-inquiry/index.html

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“But he did know about the general arrangement, that Michael would take care of things like this, like I take care of things like this for my clients.”

—Rudy Giuliani

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The President sets the tone. The President calls the shots.

The Office is designed to ensure that, no matter who we elect as Our President, they can successfully enact whatever agenda they embrace…

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https://www.npr.org/2020/02/13/805796618/trump-administration-diverts-3-8-billion-in-pentagon-funding-to-border-wall

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https://www.harpersbazaar.com/culture/politics/a26985261/trump-administration-abortion-period-tracking-migrant-women/

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https://www.washingtonpost.com/local/immigration/appeals-court-weighs-whether-immigrant-teen-can-be-denied-abortion-while-in-us-custody/2017/10/20/ab414d2a-b50c-11e7-9e58-e6288544af98_story.html

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Whatever agenda they embrace.

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https://www.politico.com/news/2022/01/21/read-the-never-issued-trump-order-that-would-have-seized-voting-machines-527572

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Our election laws have become so cumbersome, they can now be used to justify overturning an election. And it’s not the lawyer’s fault, he was just doing what he was TOLD to do…

By the President of the United States.

He may not have signed the Executive Order, but we can SEE the results. He got what he wanted- a legal plan to keep him in the Office.

You know… ‘Nudge nudge, wink wink. Say no more!’

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https://www.buzzfeednews.com/article/azeenghorayshi/here-are-the-trump-moscow-plans

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https://www.nbcnewyork.com/news/local/how-much-were-trump-organization-property-values-overstated-by-a-lot-ny-ag-says/3502263/

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… give or take $200 million.

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Now, imagine if we elected a President who worked this hard for THE PEOPLE… instead of focusing it all on THEMSELVES.

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Equality. As promised. Emblazoned upon the wall of our Highest Court. The People have spoken. It’s time to RATIFY EQUALITY.

Let there be NO DOUBT!

To be SILENT is to be COMPLICIT… where do YOU stand?

-JC

Disunion is BORN of Inequality

In the President’s Inaugural Address, I heard a lot of talk about UNITY… but there was little talk of EQUALITY.

**Disunion is BORN of Inequality.**

Unequal pay for women restricts Liberty by creating financial barriers; restricting access to education, job opportunities, and financial security. Without the affirmative protection of Equal Standing, the rights of women are subject to change at the discretion of whomever holds elected office.

Unequal application of the law gives rise to LIES by creating an apparent enemy where there is NONE. Mandatory minimum sentences for drug charges, imposed disproportionately upon communities of color, create the illusion of a “trend”. But in reality, if those laws were enforced EQUALLY we would see that addiction impacts the lives of ALL Americans, without regard for the color of our skin.

Systemic Inequality makes it possible for a white man to yell and scream at an officer of the law with NO FEAR, while a black man is killed in front of his children while breaking NO LAWS.

Inequality enrages protesters to march in the streets for CHANGE, where they are met by Federal Agents firing tear gas and flash grenades. Inequality makes it possible for a violent MINORITY to successfully storm our Capitol with NO RESISTANCE from the National Guard, intentionally…

Because it would have looked bad.

Inequality creates separate classes of citizens; where one group follows a specific set of rules, and the other is exempt from any accountability when those rules are violated.

Inequality causes people to lose faith that their voice is being heard, and leads them to look for alternative methods to elevate their opinions. Inequality reinforces the belief that the system is rigged, and because of that fact, there is no other way…

All because of the perception of Inequality.

All because of the REALITY of Inequality.

We can have Union without Equality, but without Equality… that Union will not last. Do we need Justice? Yes, but the need for that Justice was created within a system that is currently unjust. A system that is lacking in Equality. A system where Justice is determined based on the amount of money you have. The injustice and disunion only grows because of Inequality.

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The People of the United States have declared, by their VOTE, that Women should have EQUAL STANDING under our Constitution. Thirty-eight States have now voted to Ratify the Equal Rights Amendment, guaranteeing Equality for Women and Girls. It is SELF-EVIDENT… equality cannot wait.

Now is the time for our new President and our new Congress to act. Thirty-eight of the fifty States… 76% of the United States DEMANDS Equality! Let us celebrate our new Constitutional Amendment and RATIFY EQUALITY.