Posted by
TJStarfire on Friday, June 11, 2010 11:04:53 PM
I want to present a legal question about how the legislators of a single state can disparage the liberty of the United States citizens in receiving forgiveness/leniency from our elected Judges?
I claim that the 14th amendment’s: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States" is the legal law of this land, and claim that; over my lifetime as a natural citizen of these United States and in more than one state, I have had the privilege of being granted leniency and twice being given complete forgiveness from trespassing on minor infractions of the law. I claim that has always been a right and privilege of all U.S. citizens.
I claim that, these people who are elected to govern in this state, are not reading the laws of our land form the only legal point of view that serving a blind justice requires of them as a duty to this society of free people."The government of the Union, then ( whatever may be the influence of this fact on the case), is, [17 U.S. 316, 405] emphatically and truly, a government of the people. In form, and in substance, it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit." ~ Chief Justice Marshall ~
In my not so humble opinion the loss of any scrap of forgiveness that I might be tossed does not benefit me, nor do I think that it would benefit any of my neighbors, not the ones outside of government anyway. And I must stand with Justice Brandies on this: "Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding." (277us 438) Justice Brandies, dissenting.
Furthermore, every liberty that is taken away from people who think they are free, without asking, by due process of law, finds many other citizens like me who are loath to give up the things that we could freely do and receive, while we were about our liberties, not without a fight. The number of angry disillusioned citizens whose ability to trust in government has been undermined increases every day. We are lucky, so far, that mankind is more disposed to suffer evils, while the evils are sufferable. However, all history shows those with eyes to see, that within human societies there is a weight in numbers, that can break the camels back. A critical number of citizens loathing losses of some liberty, that can tip the scale of justice, which is balanced on the perceptions of those who are being governed. Then the people rise up to put down the unwarranted invasions into society’s Greatest sovereign sphere of action by right of conquest and constitution secured to "WE THE PEOPLE".
If fraud was not used in obtaining our constitution then: "Here, in strictness, the people surrender nothing; and as they retain every thing they have no need of particular reservations. "WE, THE PEOPLE of the United States, to secure the blessings of liberty to ourselves and our posterity, do ORDAIN and ESTABLISH this Constitution for the United States of America.'' Here is a better recognition of popular rights, than volumes of those aphorisms which make the principal figure in several of our State bills of rights, and which would sound much better in a treatise of ethics than in a constitution of government." ~~Alexander Hamilton fp#84~~, is now part of understanding the fundamental laws of our land.
As long as our Judges and peace officers continue to put force of arms behind these legislated invasions into the legal sphere of action in which society as a whole body constitutionally secured every thing that We the people could freely do while We are going about our liberties, "to ourselves and to our posterity", the security of our society is put at risk from citizens loathing the loss of their liberties to domestic enemies of our constitution.
If the U.S. government has a legal foundation then: "It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority." ~Alexander Hamilton fp78~
And I now move the court, that this legislated act of rebellion against our society’s control, over our access to forgiveness from the members of society, We elect to judge us, be struck down. On the grounds that no one state has enough sovereignty to alter anything forbidden to them by the federal constitutional contract.
Since I am now paying more attention to what has been going on in this country I find that our courts no longer record arguments presented in the courts. Since, if it is needed I wish to appeal this argument to the supreme level I must put all of my arguments in writing now. SO I will point out why judges must strike down laws that overstep the boundaries set by constitutions.
To support the first claim I remind the court that in western societies forgiveness has been required at the core of our beings since it is reported that the Biblical GOD, King of the universe granted all judgement to His Son, the forgiver of all trespasses, Jesus Christ. (John 5:22)
I have a couple of more gripes to lay before the court now. The First of these being that, when I came at the appointed time for my ordered "court appearance" as stated on the ticket. The person who legally convened said court was not even competent enough to move proceedings along without requiring that I commit fraud by claiming not to be guilty of going over the speed limit. I resent this type of treatment and loath the guards of our liberties for allowing citizens of these United States to be treated in this manner when dealing with those citizens who have sworn themselves to serving our society.
Furthermore, I was not asked to wave time in any legal manner, nor did I wave time when I entered my plea. As a result, Reasonable time will have expired on prosecuting my lead foot this time. Now upon further study I find that my right to speak in my own defense has been infringed upon by another act of rebellion against the constitution and my right to refuse consent has been legislated away from me, even when it is not in my best interest to consent. This cannot be inside the legal laws of this land. I AM A FREE MAN with the freedom to speak to my own defense and I say this cannot be legally levied away from me against my best interests. And most certainly not by the limited amount of sovereignty held by any single state.
I now go further and claim that every member of society "We the people" being parties of the first part by right of posterity in the federal constitutional contract are protected from domestic rebellions from those who govern by: Article 3 section 3 "Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort." .
I claim that, "Them" cannot not be reasonably read as pertaining to only 13 of the 14 the parties of the first part. We the People, society as a whole have a legal voice and a legal sovereign sphere of action, secured to ourselves and to our posterity by way of conventions of the people in each of their several states. Therefore, When, legislators while due process of law lies open before them to legally alter the powers granted to government, (Article 5), levy money to hire thousands of gunmen, who in turn support their disparaging usurpation of legal power and liberties belonging to society as a whole, as per the 10th amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." war is levied against them. Only citizens wielding governments power to levy money to provide force of arms can engineer treason.
Usurpation=theft. Theft supported by force of arms= armed robbery. Theft supported by thousands of armed robbers, With thousands of counts of injured united states citizens, all with the same effect of isolating them from justice, and enslaving them to arbitrary powers of despotism constitutes war being waged on them. If We the People have any legal protection at all from domestic enemies of the constitution then, all the afore mentioned acts, the disparaging of forgiveness, rebellion against convening a legal court when the people receive a notice to appear before one and the outright theft of the right to refuse consent to the government holding a trespass over a person for an unreasonable amount of time, rise to a level that constitutes treason against our legal form of government.
The legal basis for this can be traced back through the federalist papers to the fundamental principals of common law, and John Locke’s second treatise on government section 222 "The reason why men enter into society, is the preservation of their property; and the end why they chuse and authorize a legislative, is, that there may be laws made, and rules set, as guards and fences to the properties of all the members of the society, to limit the power, and moderate the dominion, of every part and member of the society: for since it can never be supposed to be the will of the society, that the legislative should have a power to destroy that which every one designs to secure, by entering into society, and for which the people submitted themselves to legislators of their own making; whenever the legislators endeavour to take away, and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people"
Only our Judges, if they do their duty to society, can derail a train of treason, without the use of force of arms. By striking down laws that rebel against obedience to the power of the people to place binding limitations on the members of society elected to govern. However, when Judges adhere to, or give aid, they to climb on the train, we the people are left in tyranny and the supporters of a rebellion along with the levied gunmen are all guilty of treason against the United States. Furthermore, our legal form of government cannot support rebellions against itself. When judges refuse to strike down rebellions and allow sovereign spheres of action to be assaulted and robbed of power by force of arms rather than by due process of law while that lies open, the train of treason grows long and heavy with counts of lawlessness and drags society down into the depths of despair causing them to turn to mind altering drugs for an escape. Creating a catch 22, was a smart move for domestic enemies of society seeking despotic power.
But far from the best interests of a society of free people.
All of our federal courts, even the members of the supreme court are only parties of the second part to our constitutional contract. They can only hold office during good behaviour, and are forbidden to give the appearance of wrongdoing. They can, if they use their own will instead of honest judgement, easily become guilty of rebellion or treason through bad behaviour, if they were to do some thing the constitution forbids or if they adhere to legislators who do some thing the constitution forbids. They cannot alter our legal form of government, inside the law. That power is secured to the parties of the first part. And the State courts even though they represent a party of the first part, those parties relinquished the power to alter the federal constitution to a 3/4s majority of the states and to all things forbidden by it.
For example if any justice were to violate; Article 1 section 1 "All legislative Powers herein granted..." or adhered to legislators who violate Article 5's due process of law while due process of law lies open, or allow the states to violate the 14th amendment "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States". Those things would not only give the appearance of wrongdoing. If they were to do those things they would be stealing rights and powers out of the sovereign sphere of action retained by conquest and constitution to the members of society as a whole. That would in fact alter our legal form of government, a power never granted and therefore undermine the peoples ability to trust in their government.
Acts of any Judge which can be reasonably construed as war or treason cannot be "good behaviour" or used to set precedent to steel from the people while due process of law lies open.
If the United States has a legal foundation or government a legal leg to stand on then, the people were not lied to, and this is the fundamental principals that govern the actions of the elected:
"Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.... The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex-post-facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing....There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid. ~~Alexander Hamilton fp#78~~
I do not refer to case law much because no power has been granted by which our servants can alter our legal form of government while due process of law lies open to them. Due process of law to get the proper warrants from the parties of the first part to alter the things secured within their sovereign spheres of action. However, prudence suggests that I point out what Chief Justice Marshall pointed out in [17 U.S. 316] "If any one proposition could command the universal assent of mankind, we might expect it would be this-that the government of the Union, though limited in its powers, is supreme within its sphere of action." Our governments are only sovereign within their sovereign spheres of action. So are the member of a society of free people, "We the People". Our governments have no legal authority to enter or remove any thing from the sovereign sphere of action secured to ourselves and to our posterity without receiving warrant by due process of law from the legal voice of our sphere of action. Spoken only by an agreement from at least 3/4s of conventions of the people outside of government in each of their several states. This is not called the land of the free without reason.
ALL of our Judges must do their duty to society or the people are left facing tyrannical powers of domestic enemies which in their rebellions against obedience to the legal laws of this land undermine the peoples ability to trust to the point where the number of honest citizens loathing the loss of their liberties reaches the breaking point and the United States follows Russia into civil wars with We the People fighting against the domestic enemies of our constitution.