• Home
  • Commentary/Survival
  • Edible/ Medicinal Plants

Freedom Documents

~ documents from sovereigns on how to attain freedom- Not legal advice-just what has worked for others

Freedom Documents

Tag Archives: Maine v. Thiboutot

Declaration of Independence – Latter Day Declarant

28 Saturday Apr 2012

Posted by eowyndbh in Uncategorized

≈ Leave a comment

Tags

American Banana Co. v. United Fruit, Articles of Confederation, Brooks v. Yawkey, citizenship, Declaration of Independence, Downes v. Bidwell, Foley Brothers v. Filardo, Hagans v. Lavine, Heath v. Alabama, Louisville and Nashville Railroad v. Mottley, Maine v. Thiboutot, New Orleans v. United States, register to vote, remedy for voting, Standard v. Olesen, state citizenship, Stuck v. Board of Medical Examiners, U.S. Citizen, U.S. v. Dewitt, United States v. Lopez, United States v. Spelar, voting

(For Frank ‘Austin’ England III) 
 

DECLARATION OF INDEPENDENCE

LATTER DAY DECLARANT

 

THE LAW AND HISTORY OF FREEDOM

The Declaration of Independence set the People of the thirteen states free by dissolving the political bands which had connected the “one People” with the British monarchy and Parliament. Upon the signing of the Treaty of Paris on September 3, 1783, American independence was formally recognized and complete. The People of the United States ceased to be subjects of the British monarchy or the Parliament of Britain. After Independence, the People could never again be subjects of government or the subjects of legislation, because their unalienable rights entitled them to freedom and so long as there was a Creator those rights were theirs.

After the Declaration of Independence, all written laws can apply only to government and those persons who consent or volunteer to be governed by legislation. Before Independence, Parliament exercised the legislative powers of a king, because government in the United Kingdom is the British monarchy. Prior to Independence, Parliament made law for both the People and the British bureaucracy.After the Declaration of Independence, there was no government that could impose additional legal duties on the People in the several states. The Creator has imposed all legal duties on the People that were possible up to the time of Independence. The People are limited to and cannot be burdened beyond the legal duties they had on July 4, 1776, under the common law.

The Declaration of Independence accepts the Creator as the only power over the People and acknowledges that governments exist to secure the Rights endowed by the Creator. Government that “becomes destructive of these Ends” endows the People with the Right and Duty “to alter or abolish it.” The People’s Right and Duty to alter government makes certain the concept that written laws have exclusive application to government and not the People. The problem with believing in voting as a means of obtaining freedom in the kind of society created by the Declaration of Independence is the failure to understand that voting is a characteristic of government and after the Declaration of Independence the People are freed from participation in government. The right to be free of all government is possible after the Declaration of Independence and that right remains to this day. At the time the People won their freedom from Britain, the Creator had not imposed upon them a legal duty to obey British laws. An understanding of voting can be used to communicate to government employees the difference between voting and electing, but voting is not and cannot be mandatory. Voting is the right of the federal territorial citizen awaiting the admission into statehood of the federal territory where he is registered to vote. A voter who qualifies as an elector elects those officials, for instance, who manage and administer municipal government. This paper will explain how a citizen can register to vote as an elector using the federal voter apparatus, procedures and forms.

Just about anyone can vote for or against anything, that is the nature of the democracy. There are many things that cannot be put to a vote with any hope of accomplishing a change. If all men are created equal, re-instituting the British monarchy is an impossibility.  Voting simply allows frustration and anger to be dissipated in what has become a useless act. Voting acknowledges the legitimacy of the ruling political state. The numerical vote merely affects a change in the names of those in government. Real political power is held by those who can elect the tax assessor, the tax collector and the sheriff.

When you want to be free, you don’t want to be known as just a voter, you want to be an elector. The basic difference between an elector and a voter is the elector’s qualification to elect a candidate to public office and to be elected to public office. It is possible for a voter to be unqualified to hold a public office if that voter is a citizen of the United States and subject to the jurisdiction of the United States. When that voter is domiciled within federal territory subject to the exclusive legislative power of Congress, that voter is subject to the jurisdiction of the United States and not free to hold a state or municipal public office. A state elector must always be domiciled outside territory subject to the exclusive legislative jurisdiction of the United States Congress and must reside inside territory not subject to the exclusive legislative power of Congress.

The commonly held assumption that anyone born in one of the United States is a citizen of the United States or a U.S. citizen is getting in the way of what people want most-freedom. Article IV of both the Articles of Confederation and the Constitution affirm that citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states. Claiming to be a U.S. or United States citizen and putting yourself in a place subject to the exclusive legislative power of the United States Congress will subject you to the jurisdiction of the United States in ways the Framers of the Constitution never thought possible. To be truly free, a person must go back to his or her roots. Generally, birth in a state confers the citizenship of that state, but today’s elections bureaucrat is looking for a statement that the registration applicant is a U.S. citizen and will seek to disqualify anyone who refuses to make that statement under penalties of perjury. The citizen of a state will state the fact of state citizenship under a testimonial oath that the matter is stated as the “Truth, the whole truth and nothing but the truth. So help me, God.”

Completing and making a federal voter registration form declaration subject to the penalty of perjury is an admission that the declarant is subject to the jurisdiction of the United States. Such an admission makes the declarant a Fourteenth Amendment citizen residing on federal territory and is to be avoided if the declarant is not domiciled on federal territory subject to the exclusive jurisdiction of the United States Congress. People want to be just as free as Americans were after the Treaty of Paris, but that is now impossible as a citizen of the United States or as a U.S. citizen. Such citizens are subject to the jurisdiction and legislation of Congress in much the same ways as Americans were the subjects of His Britannic Majesty before the Declaration of Independence. Such citizens will always be subject to the jurisdiction of Congress, but the amount and duration of that jurisdiction can be controlled by knowing the location of all federal territory.

For persons born in the several states and naturalized citizens, the remedy for the expansion of federal power is simple: Stop claiming citizenship in a government that doesn’t permit the full exercise of freedom, and stop pretending to be something you cannot prove. The name “United States” when appended to Congress, the President and the Supreme Court describes a government that administers the business of the several states of the Union and a confederacy known as the United States of America. Each branch, when acting for itself, is effective for government business, but it can have no effect on the individual members of the People. All that most of us can prove is that we were born in a state of the Union and that is all that is necessary to keep one or more branches of government from us. We should only claim what we can prove, because being a citizen of anyone of the free states of the most successful confederacy in the world is achievement of the highest form of citizenship. With that, we can elect to have nothing more to do with government.

State citizenship is the best form, but citizenship that is derived through citizen parents is, in my opinion, next best. Naturalization as a citizen of the United States of America almost as good as being born in a state. Members of Congress and the inferior federal judges (which include the United States district court judges and the judges of the courts of appeal and officers of the United States) subject themselves to individual federal income taxation and all applicable federal laws and regulations. Senators and Representatives must be citizens of the United States prior to taking office and they swear or affirm to support the Constitution upon taking office, as do members of the military. State officers, similarly, lose the freedom and protections offered by state citizenship when they take similar oaths and affirmations to obey the Constitution and obey the laws.

The states that make up the United States of America are republics, where the citizens hold all political power. The Congress of the United States is the national government. The citizens of the national government are citizens of the states who by election or appointment subject themselves to the jurisdiction of Congress; citizens of the United States born in certain territories and those who hold themselves out to be citizens of the United States or U.S. citizens.

The United States of America is a confederacy and perpetual Union of states formed by the Articles of Confederation. “People” born to the soil of those states are citizens and most importantly “Natives” of those states and this “Standing” goes to the paramount issue of “Nativity”. Persons born in federal territory within a state are citizens of that state, however persons born in certain possessions owned by the United States of America may be United States citizens or U.S. citizens by act of Congress but they cannot enjoy all the benefits of citizenship conferred on those born in a state of the Union unless and until they begin to reside outside of federal territory.  Aliens that immigrate to the United States may become permanent residents of the United States and then may become citizens of the United States of America. Status such as that entitles them to all the privileges and immunities of citizens of the several states.

The Declaration of Independence instituted the nation of free People that were freed from the political bonds that connected them to the monarchy and Parliament of Britain, and they could be free today if they had not consented to United States jurisdiction. The Articles of Confederation however, created the United States of America, and the Constitution formed a more perfect Union by creating a federal national government of three branches.

The national government consists of the Congress of the United States constituted of members of Congress; the inferior federal judges of the district courts and courts of appeal; the President and the Supreme Court. To this day, the national government rules over the federal territories located in every state of the Union. However, the national government has no power over the People in the states. They were freed as subjects of government and the legislative power of government by the Declaration of Independence. Incidentally, Negro slaves remained property under the English common law.

The federal judges of the United States district courts are the citizen individuals of the United States subject to the jurisdiction of Congress. The judges are officially classed as federal employees and are to be distinguished from Article III judicial officers, such as members of the Supreme Court of the United States. These non-judicial officers of the legislative branch form the core of the individuals that have duties. Senators and Representatives may be elected by the people of the states, but the legislation the Congress produces is legislation for the national government and the government of the several states that make up the Union and those officers and employees that make up the federal bureaucracy. The Declaration of Independence freed the People from Britain and left them in a state where they can individually consent or not to be governed by legislation.

INSTRUCTIONS FOR REGISTERING TO VOTE FOR FREEDOM

How can a person born in a state or a naturalized citizen register as an elector using the federal Voter Registration Form (VRF)? To properly register as a citizen of one of the several states or of the United States of America, the federal VRF must be altered. The federal form (found in Post Offices) is easily recognized by the question at the beginning of the form: “Are you a U.S. citizen?” When you are not, you can’t use the form, because it is created just for 14th Amendment citizens. Some alternative forms are available from the Secretary of State’s office, but this form just eliminates the question and changes little else. Some of these forms ask if you are a citizen of the United States of America and all of them want you to certify under penalty of perjury admitting residence in federal territory. This report explains how and why the federal form must be altered to permit registration as a non-citizen of the United States. A blank federal Voter Registration Form (VRF) for your county can be obtained at city halls, libraries, the secretary of state for your state and your county recorder. Strike all references to U.S. or United States and enter (where appropriate) that you are a citizen of your birth state. Enter your personal information on the form and mail it. You will receive a post card notifying you that you are registered to vote. Save this post card so you can easily obtain a certified copy of your registration as a citizen of a state or of the United States of America. You are able to request a certified copy of your VRF from the county recorder office for a nominal fee (approximately $7.00) Big government has made a mess of everything. The only way to fix it is to fix the way we register to vote. Unless you have corrected your Voter Registration Form (VRF), you have been affirming being subject to the jurisdiction of the U.S. every time you have voted. Every state is guaranteed a republican form of government, which means that you “don’t have to take the democracy that is constantly being pushed.” We each live in a state of the Union that is guaranteed a Republican Form of Government, which means that real citizens, not 14th Amendment citizens determine who is elected. There are activities in our lives that can’t be put to a vote. These activities constitute our freedom. The Democracy the federal government has been working on since the Civil War wants everything put to a vote or at least a poll and they rig the vote and skew the poll. We must be able to break free of federal bureaucratic domination if real citizens are to govern themselves again. Special interests have left many states debt-ridden failures. The biggest operating special interest is the federal bureaucracy. How do we get rid of the feds? The simple act of registering to vote as a citizen of your birth state is a first step. The procedure is easy and provides immediate answers to any questions of its practical value that you might have.

A U.S. citizen is subject to the jurisdiction of the U.S. Congress because the Congress is a national government and the citizens of a state do not reside on or in federal territory. U.S. citizens living in the seat of government, Washington D. C., have no representation in Congress. U.S. citizens located within states of the Union who are residents of the federal territory within a state may vote in federal elections but not local ones. The only power these U.S. citizens have is to vote for Congress, the Electoral College and whatever state candidates are on the ballot. The people of the United States constitute the citizens and electors for the governments of the states but they are not the subjects of government or subject to its jurisdiction. The U.S. citizen Voter Registration Form (VRF) is the basis for the federal juries, so the reader should see immediately that correctly completing the Form is critical to confining the feds to the federal judicial districts. The feds are hiding the fact that federal judicial district consist only of the federal ceded territory within the state’s counties that comprise the districts. Federal judges in federal courts are not free to do justice because they have no judicial powers. The federal district court judges that populate those courts are not constitutional Article III jurists, they are Article I legislative officers of the United States.

Though these judges / administrative officers are appointed to life terms by the President with the advice and consent of the Senate they can only wield legislative power. Without the judicial power of the United States, these federal judges are mere administrative arbiters for those who submit administrative disputes for their disposition. Non-judicial courts invite more mistakes and more injustice. Federal administrative courts must charge a felony by a true bill of indictment brought by a federal grand jury and convict by a petit jury of U.S. citizens. These citizens would be extremely scarce if the feds were not able to create through the voting process another way to confuse the so-called U.S. citizen. The people of the states who can only prove birth in one of the several states are being told they can only vote if they declare themselves to be U.S. citizens. All the Voter Registration Forms (VRF) produced by state election officials are all written to proclaim that only U.S. citizens may vote, because these forms are for U.S. citizens State election officials must conduct elections for both state and federal offices and are entirely responsible for the manner in which those elections are conducted. Federal election officials direct federal money to the states and have demanded and obtained uniformity in which federal electors are identified. We do not have to accept the VRF as it is printed; in fact, it is our duty to correct it.

We cannot be prohibited from making corrections to the form, so it is appropriate and necessary that the VRF be corrected so that it can be signed by a testimonial oath of truth and nothing but the truth, so help me God, rather than under a penalty of perjury by a citizen of a state or a naturalized citizen of the United States of America.

To avoid subjecting yourself, to U.S. jurisdiction, and thereby subjecting some Californian [or enter your state] to unwelcome jurisdiction of the federal bureaucracy, you can do what I do-register as a citizen of your birth state. Once registered, you become an elector of the state where you registered to vote. A person must be a qualified elector to hold public office, so acknowledgment of your successful registration a state citizen will confirm the legitimacy of your state citizenship status. What will registering as a state citizen do for you and California [enter your state]?

Substantial numbers of non-U.S. voter registrations will free Californians from bondage to the federal government, John Ashcroft, and George Bush. Who are U.S. citizens? This is not easy to answer because this is more a why question than a who question. When a citizen of the United States is subject to the jurisdiction thereof, why would you want to be a U.S. or United States citizen? When you finally and safely reach past the midpoint of life, you have learned some rules that you can freely share with those still making the climb through life. One of these important rules is: Do not claim what you cannot prove. A sound, good life is one that seeks truth and there is no better way to find truth that to live the truth.

On the VRF, you do not want to claim to be a U.S. citizen when you cannot prove it. Most people can claim to be a citizen of the state in which they were born because this is the law everywhere. Diplomats are not subject to this rule, so when you are the child of a diplomat, you may be a citizen of your parent’s country.   The United States describes 50 states united in a confederation called the United States of America, or it can be a government consisting of representatives from those 50 states. Whatever the United States or U.S. might be, it is difficult to be a citizen of the United States and so much easier to be a citizen of the state where you were born.

Registering to vote as a citizen of the state where you were born or a citizen of the United States of America is all you need to prove that you are NOT a U.S. citizen. You cannot prove you are a citizen of the U.S. or the United States, when all you have is a birth certificate showing birth in one of the several states. Citizens of Puerto Rico are made citizens of the United States by act of Congress and thereby subject to the jurisdiction of the United States.

There is a definite ambiguity related to being a U.S. citizen that can only be resolved by an investigation of how those who assert U.S. citizenship fare. U.S. Individuals are those who must contend with the onerous laws, rules and regulations of the Title 26 U.S.C., and the administration and enforcement of the Internal Revenue Service. We know that members of Congress and the inferior federal judges of the United States district courts must make and file U.S. Individual Income Tax Returns Form 1040 because the oath prescribed by the Constitution in Article VI requires them. These individuals of the legislative branch fit the description of citizens of the United States who subject themselves to the supreme Law of the Land.   The Fourteenth Amendment does not describe the individual citizens of the states of the Union:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. Registration as an elector based on the citizenship provided by your birth state precludes you being subject to the jurisdiction of the United States or the U.S.  The individual citizens of the states constitute the electors of those states who are not subject to the jurisdiction of the United States. The VRF you use must be corrected if you are to claim citizenship of your birth state. Do not claim to be a United States citizen unless you are sure you are and never certify anything under penalties of perjury.

Federal Territorial Jurisdiction

& Related Authority

The Constitution does not establish the Federal government as the territorial legal authority over us, but rather it establishes the federal government as the legal authority around us and between us. The State governments remain as the representative of the sovereign (We the People) and retain their territorial jurisdiction over their own citizens and own affairs. The Federal government is given authority by the Constitution over affairs with foreign countries (around us), and over interstate commerce (between us), but not directly over us.

The Constitution, of course, gives the federal government complete authority over all foreign affairs and foreign persons in America. Article 1, Section 8, Clauses 3 and 4 of the Constitution grant powers to the federal government over foreign affairs, agreements, and persons; and Article I, Section 10, Clauses 1, 2 and 3 of the Constitution prohibit the States from enacting agreements with foreign entities. This absolute federal jurisdiction over all agreements with foreign governments and over all foreign persons in America is part of the legal authority allowing for the passage of a tariff act authorizing the collection of an income tax from foreign persons on their activity in America.

To see that the income tax actually created by the tariff act is only imposed by law within this foreign jurisdiction that the federal government possesses under the constitution over all foreign matters, and is not actually imposed domestically beyond that foreign jurisdiction on citizens and residents within America, one only need examine the difference in the treatment under the law between non-resident aliens and resident aliens in regards to the withholding of tax at the source.

From the legal definition of the Withholding Agent we clearly see that non-resident aliens are subject to the withholding of income tax underSection 1441. However, as soon as a non-resident alien becomes a resident alien, then he/she is no longer subject to the withholding of income tax at the source by the Withholding Agent because he/she is no longer part of the definition of the Withholding Agent’s authority over subject persons. The statutory definition of the Withholding Agent, from Title 26 U.S.C. Section 7701(a)(16), only specified that withholding was required under Sections 1441, 1442, 1443 and 1461, as we have seen. Once the non-resident alien become a resident alien they are no longer the subject of the tax, and it is no longer authorized to be withheld from them because they are no longer within its jurisdictional reach because as a resident of one of the fifty states the aliens’ activity is now recognized by the law as being domestic and not foreign, and therefore outside the federal territorial and subject matter jurisdictions.

The resident alien’s economic activity is no longer within the foreign jurisdictional authority of the federal government because they are now under the territorial jurisdictional authority of the state government that they are resident within. Tariffs are imposed on foreign activity, not domestic. As soon as the non-resident alien becomes a resident (“resident” is defined in the law) his activity is recognized by the law as being moved from the “foreign” category that is subject to a tariff, and into the “domestic” category, which is outside the subjectivity to any tariff, and the withholding of tax from their payments terminates. Domestic activity is not subject to any tariff because a tariff is a foreign tax. Even when the activity is conducted by a foreign person who has become a resident in the U.S. (but who is still foreign) the tax is not withheld at the source because the resident is not subject to the payment of a tariff, because a resident’s activity is not considered foreign, but domestic, and is therefore not lawfully subject to payment of a tariff on foreign activity. If resident aliens aren’t even subject to the income tax it is of course absurd to even suggest that American citizens are, or ever were the proper subjects of this income tax in the form of a foreign tariff – that is all government mythical fiction and propaganda, as we have exposed.

Additionally, the Federal government is the territorial authority in the U.S. territories and possessions, where it is the authority over the people in those places, but not in the fifty states.

And what does the Supreme Court say about Federal jurisdiction

“The laws of Congress in respect to those matters {outside of Constitutionally delegated powers} do not extend into the territorial limits of the States, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government. Constitutional restrictions and limitations were not applicable to the areas of land, enclaves, territories and possession over which Congress had exclusive legislative authority” Downes v. Bidwell, 182 US 244

“Special provision is made in the Constitution for the cession of jurisdiction from the States over places where the Federal government shall establish forts or other military works. And it is in these places, or in territories of the United States, where it can exercise a general jurisdiction.” New Orleans v. United States, 35 US (10 Pet.) 662 (1836)

“All legislation is prima facie territorial” American Banana Co. v. United Fruit Co., 213 U.S.347, 357-358.

“There is a canon of legislative construction which teaches Congress that, unless a contrary intent appears [legislation] is meant to apply only within territorial jurisdiction of the United States.” United States v. Spelar,  338 U.S. 217, 222

“the United States never held any municipal sovereignty, jurisdiction, or right of soil in Alabama or any of the new states which were formed … The United States has no Constitutional capacity to exercise municipal jurisdiction, sovereignty or eminent domain, within the limits of a state or elsewhere, except in the cases in which it is expressly granted …” Pollard v. Hagan, 44 U.S. 212, 221, 223.

“… the states are separate sovereigns with respect to the federal government” Heath v. Alabama, 474 U.S. 82.

“No sanction can be imposed absent proof of jurisdiction” Stanard v. Olesen, 74 S. Ct. 768.

“Once challenged, jurisdiction cannot be ‘assumed’, it must be proved to exist.” Stuck v. Board of Medical Examiners, 94 Cal2d 751

“Jurisdiction, once challenged, cannot be assumed and must be decided.” Maine v. Thiboutot, 448 U.S. 1 (1980)

“… Federal jurisdiction cannot be assumed, but must be clearly shown.” Brooks v. Yawkey,200 F.2d 633 (1st Cir.)(1953)

“The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings” Hagans v. Lavine, 415 U.S. 528.

“If any tribunal finds absence of proof of jurisdiction over person and subject matter, the case must be dismissed.” Louisville & Nashville Railroad Co. v. Mottley, 211 U.S. 149.

“It is well established principle of law that all federal legislation applies only within the territorial jurisdiction of the United States unless a contrary intent appears” Foley Bros. v. Filardo, 336 U.S. 281.

“Jurisdiction is essential to give validity to the determinations of administrative agencies and where jurisdictional requirements are not satisfied, the action of the agency is a nullity..” [City Street Improv Co. v. Pearson, 181 C 640,185 P. (1962); O’Neil v. Dept. of Professional & Vocational Standards, 7 CA2d 393, 46 P2d 234]

“The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings” [Hagans v. Lavine, 415 US 533]

“Failure to adhere to agency regulations may amount to denial of due process: if regulations are required by Constitution or statute.” [Curley v. United States, 791 F. Supp. 52]

“Indeed, on this crucial point, the majority and Justice Breyer agree in principle: the Federal government has nothing approaching a police power.” United States v. Lopez, No. 93-1260, 115 S. Ct. 1624, 131 L. Ed. 2d 626 (1995).

“…the commerce clause…has always been understood as limited by its terms; and as a virtual denial of any power to interfere with the internal trade and business of the separate states” U.S. v. Dewitt, 76 U.S. 41; 9 Wall 4; 19 L. Ed. 593

4 USC § 72. Public offices; at seat of government.

All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law.

 

 

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to email this to a friend (Opens in new window)

Like this:

Like Loading...

Court (Administrative Jurisdiction Must Be Proven UCC 1-308)

29 Sunday Jan 2012

Posted by eowyndbh in Uncategorized

≈ 3 Comments

Tags

affidavit with seal, Bailey v. State of Alabama, Bank of United States v. Planters' Bank, Bennett v. Boggs, Boyd v. U.S., Butchers' Union v. Crescent City, Butler v. Collins, Byars v. U.S., Carmine v. Bower, Clearfield Doctrine, Clearfield Trust v. United States, Fuetes v. Shevin, Hodges v. U.S., Hurtado v. United States, Kent v. Dulles, Maine v. Thiboutot, Memphis BAnk and Trust v. Garner, Miranda v. Arizona, Mookini v. United States, Mugler v. Kansas, Murdock v. Pennsylvania, Norton v. Shelby County, Owens v. City of Independence, prize court must prove jurisdiction with UCC 1-308, Reid v. Covert, right are reserved, Shapiro v. Thomson, Shuttlesworth v. City of Birmingham, Sovereign document, U.S. v. Morris, U.S. v. Tweel, United States v. Bishop, United States v. Minker

 

(For Austin)   

 

AFFIDAVIT OF UNDERSTANDING re THE ADMINISTRATIVE/

LEGISLATIVE “PRIZE” COURT MUST AFFIRMATIVLY PROVE JURISDICTION

WHEN RIGHTS ARE RESERVED at UCC 1-308, ARTICLE III STATE COURT MUST DETERMINE CAUSE PURSUANT TO DUE PROCESS TO ESTABLISH CAUSE / JURISDICTION

“It is well settled in administrative law that: “It is the accepted rule, not only in state courts, but, of the federal courts as well, that when a judge is enforcing administrative law they are described as mere ‘extensions of the administrative agency for superior reviewing purposes’ as a ministerial clerk for an agency…” 30 Cal.596; 167 Cal 762. And;

Apparent agency.

Kotera v. Daioh Int’l U.S.A. Corp,9509-06556; A100452 (Or. 01/30/2002) (In the absence of agency based on actual authority, plaintiff (FRANCHISE TAX BOARD) was required to produce evidence of apparent agency to support personal jurisdiction over (Defendant). Miller v. McDonald’s Corp., 150 Or App 274, 282, 945 P2d 1107 (1997). To establish apparent agency, plaintiff must have offered evidence that (1) Defendants held out Plaintiff as an agent, and (2) plaintiff justifiably relied on that holding out. See id. at 282-83. Plaintiff alleged neither such “holding out” by Defendants nor reliance on plaintiff’s part. The only evidence of “holding out” came from the affidavit submitted by Defendants, which acknowledged that Plaintiff was a director of the corporation. However, no evidence before the trial court established that plaintiff relied on that information in agreeing to the transaction. Accordingly, there was insufficient evidence before the trial court to support an exercise of personal jurisdiction over Defendant, and the trial court erred in denying Defendant’s motion to dismiss on that ground;

14. Although courts sometimes have used “apparent authority” and “apparent agency” interchangeably, the distinction is important. “Apparent agency creates an agency relationship that does not otherwise exist, while apparent authority expands the authority of an actual agent.” Miller, 150 Or App at 282 n 4. Thus, apparent authority is relevant only if actual agency already has been established. Here, because plaintiff has offered no evidence to establish the existence of an actual agency, apparent authority is not implicated.);

ORCP 21(A) (Defenses and Objections, How presented) (Every defense, in law or fact, to a claim for relief in any pleading, whether a complaint, counterclaim, cross-claim or third party claim, shall be asserted in the responsive pleading thereto, except that the following defenses may at the option of the pleader be made by motion to dismiss: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person,“A judge ceases to sit as a judicial officer because the governing principals of administrative law provides that courts are prohibited from substituting their evidence, testimony, record, arguments and rationale for that of the agency.

Additionally, courts are prohibited from their substituting their judgments for that of the agency.” American Iron and Steel v. United States, 568 F.2d 284. And; “. . . judges who become involved in enforcement of mere statutes (civil or criminal in nature and otherwise), act as mere “clerks” of the involved agency…” K.C. Davis., ADMIN. LAW, Ch. 1 (CTP. West’s 1965 Ed.) “…their supposed “courts” becoming thus a court of “limited jurisdiction”as a mere extension of the involved agency for mere superior reviewing purposes.” K.C. Davis, ADMIN. LAW., P. 95, (CTP, 6 Ed. West’s 1977)> FRC v. G.E., 281 U.S. 464; Keller v. P.E.P., 261 U.S. 428. And; A so-called Municipal or District court that is not a constitutional court is a legislative tribunal.

In speaking on this subject in relation to the Constitution for the united States of America, the supreme Court said: “The term ‘District Courts of the United States,’ . . . without an addition expressing a wider connotation, has its historic significance. It describes the constitutional courts created under Article III of the Constitution. Courts of the Territories are legislative courts, properly speaking, and are not District Courts of the United States.” Mookini v. United States, 303 US 201, 205, 58 Sct. 543, 82 Led. 748 ((1938).

The power of the Municipal or District Court is that of the old “justice of the peace” courts which were courts of “limited and special jurisdiction.” State v. Officer, 4 Or. 180 (1871).

Inferior tribunals are subject to the supervisory control (judicial powers), and must show affirmative proof on the face on the inferior tribunal record to sustain a conviction. “If the court is . . . of some special statutory jurisdiction it is as to such proceedings an inferior court, and not aided by presumption of jurisdiction.” Norman v. Zeiber, 3 Or 198.

Inferior tribunals have no presumption of jurisdiction in their favor and all that need to be done by Petitioner, to throw the burden of proving jurisdiction upon Respondent State, is to contest the applicability of the inferior tribunals jurisdiction to Petitioner. ” . . . if the record does not show upon its face the facts necessary to give jurisdiction, they will be presumed not to have existed.” Norman v. Zeiber, 3 Or. 198. And;

The constitutional rule for inferior tribunals was set down by the Oregon Supreme Court in Evans v. Marvin, 76 Or. 540, 148 P 1119 (1915), a case involving a justice court:” . . . the constitutional rule that justice courts are of limited jurisdiction. …their judgments must be sustained affirmatively by positive proof that they had jurisdiction of the cases they attempt to decide.” Evans v. Marvin, 76 Or. 540, 148 P 119 (1915). And;

Even the de facto Constitution and the State Statutes will clearly show that the EXECUTIVE AUTHORITY is vested Solely in the office of the Elected County Prosecutor, Deputy Prosecutor, Special Prosecutor and/or Attorney General’s Office.

All so called Judges are in fact and law EXECUTIVE OFFICERS and that is why the so called JUDGE/ADMINISTRATOR CAN PRESUME TO ISSUE A WARRANT FOR YOUR ARREST WHEN YOU FAIL TO APPEAR IN THE AIRSPACE OF “THIS STATE” BEING ABOVE THE LAND OF “THE STATE!”THAT HAS LEGISLATIVE JURISDICITON.

ALL so called State Court’s are creatures of Statute created by the LEGISLATURE and are merely ADMINISTRATIVE AGENCIES which only have the authority or jurisdiction conferred by a Statute.

If you search carefully the Senate and House Bills and the 1st Legislative Enactment or Session Law creating the Superior Court’s in your State, you will find that it says right in your own law books, that ALL your so called State Superior Court’s are really LOWER DISTRICT FEDERAL COURTS!

THE PEOPLE HAVE NO STATE JUDICIAL COURT’S AVALIABLE TODAY! “THIS STATE” is a de facto FEDERAL MUNICIPAL CORPORATION and by fraud in the inducement, presents itself as a de jure State, but in fact and law is NOT a State in Original Jurisdiction pursuant to the authority of the 1st Original Judiciary Act wherein the District of Columbia is a de facto for profit copyright private corporation.

“WHEREAS, THIS STATE” is a DE FACTO FEDERAL MUNICIPAL CORPORATION under the NEW JUDICIARY ACT wherein the DISTRICT OF COLUMBIA presumes Equal Footing as a de jure STATE.

The issue re the use of the terms of art by the legislative branch within the several states identifying their legislative acts as in “this state” goes only to “Definitions” re the statute . . . should the act(s) not rise to malum se within “the state” and thereby give notice of a substantive connection to the subject matter as applying to some form of physical damage or substantive contact going to an actual controversy and a real party in interest . . . the statute has no mechanism granting authority to reach the Sovereign.  Capital crimes therefore are prosecuted by and through the substantive statute as being within “the state” when charged.

Generally in a court proceeding you may challenge the implied charging statute by noting: “The prosecution has apparently only defined the statute as appertaining in”THIS state”, however, it appears the prosecution has failed to charge (certified”) the statute as with in “THE state” of Oregon.”  This is why the avoidance to certify charging documents going to malum prohibitum . . . as there can be no verifiable charging documents issued and no real party in interest can come forward . . . whereas, the statutory prohibition is only defined.

REGARDING THE ABSOLUTE LIBERTY OF MAN

TO THE EXCLUSION OF THE STATE

Murdock v. Pennsylvania  319 US 105 No state shall convert a liberty into a privilege, license it, and attach a fee to it. “A state may not impose a charge for the enjoyment of a right granted by Federal constitution. at 113, (1943).

Shuttlesworth v. City of Birmingham, 373 US 262 If a state converts a liberty into a privilege the citizen can engage in the right with impunity.

Miranda v. Arizona, 384 US 436 “Where rights secured by the Constitution are involved, there can be NO rule making or legislation which would abrogate them.”

Norton v. Shelby County, 118 US 425 “Any unconstitutional act is not law, it confers no rights, it imposes no duties, it affords no protection, it creates no office, it is an illegal contemplation, as inoperative as though it had never been passed.”

Byars v. U.S. , 273 US 28 Unlawful search and seizure. Rights must be interpreted in favor of the citizen.

Boyd v. U S, 116 US 616 5th Amendment rights. “…constitutional provisions for the security of person and property should be liberally construed… It is the duty of the courts to be watchful for the constitutional rights of Citizens, and against any stealthy encroachment thereon.”

United States v. Bishop, 412 US 346 Relying on prior decisions of the Supreme Court is a perfect defense against willfulness.

Owens v. City of Independence,445 US 622, 100 S. Ct. 1398 Maine v. Thiboutot,448 US 1, 100 S. Ct. 2502 Hafer v. Melo, 502 US 21 Officers of the Court have no immunity, when violating a constitutional right, from liability, for they are deemed to know the law.

Shapiro v. Thomson,394 US 618, 89 S. Ct. 1322 A Citizen must be free to travel throughout the [several] United States uninhibited by statutes, rules or regulation.

Bailey v. State of Alabama,219 US 219 You have a right to own and contract your labor as you see fit.

Clearfield Trust v. United States,318 US 363 Bank of United States v. Planters’ Bank of Georgia , 9 Wheaton (22 US) 904, 6 L. Ed. 24 (See citation below page 4)“Governments descend to the level of a mere private corporation and takes on the character of a mere private citizen [where private corporate commercial paper, Federal Reserve Notes and other negotiable debt instruments are concerned]…. For purposes of suit, such corporations and individuals are regarded as an entity entirely separate from government.”(Emphasis added)

Memphis Bank & Trust v. Garner, 459 US 392, 103 S. Ct. 692 Addresses the untaxability of obligations of the United States by or under State authority, (31 USC 3124, formerly 742) and provides that if any taxing requiring that either the obligation or the interest thereon, or both, be considered, directly or indirectly, in the computation of the tax it cannot be taxed by or under State authority.

U.S. v. Tweel, 550 F. 2d 297 (1977) “Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered is intentionally misleading”.

Carmine v. Bower, 64 A. 932 “Silence is a species of conduct, and constitutes an implied representation of the existence of facts in question, and the estoppel by misrepresentation. When silence is of such a character and under such circumstances that it would become a fraud on the other party to permit the silent party to deny what his silence has induced the other party to believe and act upon, it will operate as an estoppel.

United States v. Minker, 350 US 179, at page 187 “Because of what appears to be a lawful command on the surface, many citizens, because of their respect for what only appears to be a law, are cunningly coerced into waiving their rights, due to ignorance.” (Paraphrased)

The original 13th Amendment of our National Constitutional, which stated: “If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.” Laws for the Organization of the Territory of Michigan condensed, arraigned and passed by the fifth legislative council, (1833) Source – Michigan State Library. The above noted original 13th Amendment specifically addresses the condition now in existence in America today. Whereas, Bar members referencing the British Accreditation Registry, the Temple Bar, the four Inns of Court, and particularly the Middle Court presume to do business secretly and deceptively in re commerce and as regards the financial well being of the public generally. This state of affairs is clearly address regarding who has the burden to prove jurisdiction within the Clearfield Doctrine as regards the private nature of such practice.

Boyd v U.S., 116 US 635. “…constitutional provisions for the security of person and property should be liberally construed … It is the duty of the courts to be watchful for the constitutional rights of citizens, and against any stealthy encroachment thereon.”

Hodges v. U.S. , 203 US 1 (1942). “The right to the enjoyment of life and liberty and the right to acquire and possess property are fundamental rights of the citizens of the several states and are not dependent upon the Constitution of the United States or the federal government for their existence.”

Bennett v. Boggs, 1 Baldw. 60 (1830). “Statutes that violate the plain and obvious principles of common (Natural) right and common reason are null and void.”

Hurtado v. United States, 410 US 578 (1973) “It is not every act, legislative in form, that is law. Law is something more than mere will exerted as an act of power…Arbitrary power, enforcing its edicts to the injury of the party and property of its subjects is not law.”

Butchers’ Union Co. v. Crescent City Co.,111 US 746 (1884).” Our rights cannot, by acts of Congress, be bartered away, given away or taken away.”

U.S. v. Morris. 125 F 322, 325. “Every citizen and freeman is endowed with certain rights and privileges to enjoy which no written law or statute is required. These are the fundamental or natural rights, recognized among all free people.”

Butler v. Collins, 12 Calif., 157. 463.”Consent in law is more than mere formal act of the mind. It is an act unclouded by fraud, duress, or sometimes even mistake.”

Fuentes v. Shevin , 407 US 67 (1972). “A waiver of constitutional rights in any context must, at the very least, be clear; contractual language relied upon must on its face amount to a waiver.”

Regina v. Day, 9 Car. & P. 722. “Every consent involves a submission, but it by no means follows that a mere submission involves consent.”

Thompson v. Smith 154 SE 579. “The right of the Citizen to travel upon the public highways and to transport his property thereon, either by a carriage or automobile, is not a mere privilege which a City may prohibit or permit at will, but a common right which he has under the right to Life, Liberty and the Pursuit of happiness.”

Kent v. Dulles , 357 U.S. 116, 125. “The right to travel is part of the Liberty of which the Citizen cannot be deprived without due process of law under the Fifth Amendment.”

Mugler v. Kansas, 123 U.S. 623, 659-60. “Our system of government, based upon the individuality and intelligence of the Citizen, the state does not claim to control him, except as his conduct to others, leaving him the sole judge as to all that only affects himself.”

(see also Christy v. Elliot, 216 Ill. 31, 74 NE 1035; Cal v. Farley, 98 Cal. 09, 20 CA 3d 1032; Michigan Public Utilities Com. v. Duke,
266 US 576, 69, 449.
) State police power extends only to immediate threats to public safety, health, and welfare.

California Bank v. San Francisco, 142 Cal. 276, 75 Pac. 832, 100 A.S.R. 130, 64 L.R.A. 918. “A state may impose an excise upon the franchise of corporations engaging in a business which every private Citizen has a right to engage in freely. The privilege taxed is the right to engage in such business with the special advantages which are incident to corporate existence.

“No agreement with a foreign nation and no treaty is free from the restraints of the Constitution. “ Reid v. Covert ,
 354 U.S. 1 (1957)

84 C.J. S. º355, Mass. – Hough v. North Adams 82 N.E. 46, 196 Mass. 290 “A failure substantially to comply with the statutory requirements as to the mode and manner or making the levy invalidates the tax: and there must be strict compliance with mandatory procedures… No tax can be sustained as valid unless it is levied in accordance to the letter of the statute. ”

With Reservation of All Rights, Remedies and Applicable Treaties without prejudice UCC 1-308 and particularly, ORSChapter 174 – Construction of Statutes; General Definitions – Section 174.030 favoring the Natural Right to prevail over the statute, UCC 1-308 reserves the right under Article III due process and thereby proceedings.

“I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed: July 12, 2010. (Signature_____________________SEAL(name)Beneficiary to the Trust

STATE OF                   )
                                 ) S.S.
COUNTY  OF                )

On this Day of July 12, 2010, before me, a Notary Public, personally appeared  (name), personally known to me as the living soul whose name is subscribed to this instrument and acknowledged that he executed same.

___________________________________ My appointment expires: _______________ Notary SEAL

(Blog Master’s Note: This posting too quite a bit of time to format, as I added the case links.  Some cases phasing can be verified   here,  including Carnmine v. Bower, 64 A. 932; Bennett v. Boggs, 1 Baldw. 60; U.S. v. Morris, 125 F. 322; and Butler v. Collins, 12 Calif., 157.  The other cases I filled in as I could. Remember the Seal is your right thumb print with red ink on it. )
 

 

(Blog Master’s Note:  UP DATE:  The trouble I had in finding this case  Butchers’ Union Co. v. Crescent City Co.,  is beyond belief.  I found it attached to another case and not by searching by volume and page.   Both Find Law and Justia hid the decision.  What were they hidding?  Be sure and read through the case.)

 

 

 

 

 

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to email this to a friend (Opens in new window)

Like this:

Like Loading...

Blogroll

  • 3 Wise Men Essentials
  • Chinese Health and Fitness – Home Health and Fitness for All
  • Chinese Health and Fitness/Maritime Law Deception
  • Henry Makow illuminati/ new world order
  • Montgomery County on the Mary-Land Republic
  • Solutions 4 The Innocent lots of good information
  • Sovereign Warriors
  • Winston Shrout Fort Collins Lectures

Recent Posts

  • Non Negotiable Private Bond For Set Off (Birth Certificate Bond)
  • The IRS Title 15 Is Their Achilles Heel (Debt Validation) Part 3
  • The IRS Title 15 Is Their Achilles Heel (Debt Validation) Part 2
  • The IRS Title 15 Is Their Achilles Heel (Debt Validation) (part1)
  • Traffic – Ratification Of Commencement of Action
  • An E-Mail From ‘Frank Austin England III’
  • The Declaration Of Seperate And Equal Stations
  • STATUTE (FRAUD IN THE INDUCEMENT)
  • Legalese (Government Manipulation of Language)
  • The Additional Legal Rights Otherwise Dormant
  • Administrative Law
  • Buck Act – The Jurisdiction Of The Land
  • The Initinere (Document)
  • The In Itinere Cover Sheet and Caveat (part 2)
  • The IN ITINERE Notice And Caveat (In Itinere – Cover Page)
  • Doctrine (The Constitution is an Express Trust)
  • Allocution (Declaration of Absolute Rights and Refusal to Except Sentence)
  • Not Burning Books Like ‘Farenheit 451’ – Altering Them
  • Affidavit of Abatement (No Such Corporation)
  • Jury Summons Response Letter
  • The Affidavit Of Natural Identity And Caveat
  • There Is No “State”
  • The Emergency Powers Of Martial Law (Historical Outline)
  • Court (Relation-Back Doctrine – Defeats Summary Administrative Process) part 3
  • Court (Relation Back Doctrine – Defeats Summary Administrative Process) Part 2
  • Court (Relation Back Doctrine – Defeats Summary Administrative Process) Part 1
  • Refusing A Non-Substantive Offer (Nullify Commercial Law)
  • The Substantive Statute Or Regulation ?
  • Uniform Commercial Code (Application and Use of Commercial Law) part 3
  • Uniform Commercial Code (The Application of Commercial Law (part-2)
  • Uniform Commercial Code (The Application of Commercial Law) part 1
  • Ten Basic Foundations Of Commercial Law (Part 3)
  • Ten Basic Foundations Of Commercial Law (Part 2)
  • Ten Basic Foundations Of Commercial Law (Part 1)
  • Location of Debtor (District of Columbia)
  • Political Question Doctrine
  • Statutes (Never Argue The Second Amendment)
  • Treaty Cannot Infringe The Constitution
  • The Temples of Baal (Courts of Admiralty)
  • The Eternal Law Of Conquest
  • Trading With The Enemy Act (More On War Powers)
  • Declaration of Independence – Latter Day Declarant
  • Memorandum Asserting Rights
  • Uniform Bonding Code – part 3
  • Uniform Bonding Code Part – 2
  • Uniform Bonding Code – Part 1
  • Things Your Lawyer, Attorney, or Judge Won’t Tell You
  • The Law of Prize and Prize Courts
  • Oregon Department of Re-venue Letter (Pt 2)
  • Oregon Department Of Re-venue Letter (Part 1)

Archives

Meta

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

All Past Post

Blog at WordPress.com.

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.
Privacy & Cookies: This site uses cookies. By continuing to use this website, you agree to their use.
To find out more, including how to control cookies, see here: Cookie Policy
%d bloggers like this: