All government officials and agencies, including all State - TopicsExpress



          

All government officials and agencies, including all State legislatures, are bound by the Constitution and must NOT create any defacto laws which counter the Constitution:The U.S. Supreme Court, in 1895, ruled unconstitutional a federal law containing income taxes, Bills,statutes and codes with arguments concerning class warfare and the definition of a direct tax.Herein...Ohios Doctrine of Governmental Immunity was held unconstitutional and others to numerous to mention. (Civil Rights) (Krause vs Ohio, app 2d 1 L.N.W. 2d 321 1971.) Reich vs State Highway Dept. 336, Mich 617: 194 N.W. 2d 700 197Employees of a city or state are not immune from suit under statute relating civil rights for deprivations of rights on ground that officials were acting within the scope of their ground that officials were acting within the Scope of their responsibilities of performing a discretionary act. (Bunch vs Barnett 376 F.Sup. 23.)Title 28 Section 1391, this section makes it possible to bring actions against government officials and agencies in district court outside D.C. (Civil Rights) (Norton vs Mcshane 14 L.Ed. 2d 274.)A suit in detinue or replevin in personam should lie to gain possession of property seized by the state. (Civil Rights) Stephen, Pleading (3rd Am ed) p. 47, 52, 69, 74; Ames Lectures on legal history, p. 64, 71; Wilkins v. Despard, 5 Term Rep- 112; Roberts v. Withered, % Mod. 193, 12 Mod. 92. This Constitution, and the laws of the United States which shall be made in pursuance thereof;... shall be the supreme law of the land; and the judges in every state shall be bound thereby... The Senators and Representatives and members of the State legislature, and all executive and judicial officers of the United States and the several States, shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. The Constitution of the united States of America, Article VI, Cl 2, 3.5 U.S.C. 2906, 3331,The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to ..Sec. 3331-3333. Oath of office - Subchapter II - Oath of Office - U.S. Code - Title 5: Government Organization and Employees - January 01, 2011 - Order: 2 - 19265805 ...To protect the people from their elected and public employees,,Many of our people seem to believe that their state government has jurisdiction to stop the common law Grand Juries. However,the state government only has authority over statutory (ie. State) law, not common law. The common law of England was used to establish the U.S. Constitution, so it existed before it and, thus, it is superior to it. The common law is time immemorial. The state government did not create the common law, so it has no authority to abolish it or control it, unless we allow ourselves to be tricked to putting common law under statutory law, where its their house, their rules. However, if we operate outside the statutory rules by invoking common law, no state government has the authority or jurisdiction to dictate, control or abolish what we do. They only have authority to enforce our decisions. If the U.S. Supreme Court acknowledged the authority of the common law Grand Jury (U.S. v. Williams), why would the state have authority to counter that opinion? The common law is superior to all statutory law, and we must only invoke it in the right way to have superior standing. We need to stop putting the common law and the Grand Juries underneath their inferior statutory laws. The people (singular AND plural) have the ultimate authority!18 USC § 2381 - Treason | Title 18 - Crimes and Criminal … law.cornell.edu/uscode/text/18/2381 ... is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; ... The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution. Reid v Covert 354 US l, 1957. Any laws created by government which are repugnant to the Constitution carry NO force of law and are VOID:An unconstitutional law states and codes cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, (the Constitution JTM) it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it. Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886). See also Bonnett v Vallier, 136 Wis 193, 200; 116 NW 885, 887 (1908); State ex rel Ballard v Goodland, 159 Wis 393, 395; 150 NW 488, 489 (1915); State ex rel Kleist v Donald, 164 Wis 545, 552-553; 160 NW 1067, 1070 (1917); State ex rel Martin v Zimmerman, 233 Wis 16, 21; 288 NW 454, 457 (1939); State ex rel Commissioners of Public Lands v Anderson, 56 Wis 2d 666, 672; 203 NW2d 84, 87 (1973); and Butzlaffer v Van Der Geest & Sons, Inc, Wis, 115 Wis 2d 539; 340 NW2d 742, 744-745 (1983). The general rule is that an unconstitutional statute and codes, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot be legally consistent with a valid one. 20.181-192United States Code: Title 28a,Rule 5.1. Constitutional ... law.cornell.edu/uscode/html/uscode28a/usc_sec_28a... Cached42 USC 1986 provides: 42 USC 1986 provides: Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in the preceding section (1985 of Title 42) are about to be committed, and having power to prevent or aid in preventing the commission of same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful act, neglect, or refusal, may be joined as defendants in the action. (Civil Rights)Mandatory Reporting laws Appliers Elected and public employees and commercial contractors Defendants can be held in actions under 42 USC 1983, even,This includes Elected and public employees,Effective January 1, 2013, employees of Oregon higher education institutions are considered by law to be subject mandatory reporters of child abuse.oregon.gov/dhs/abuse/pages/mr_employees.aspx though they did not act willfully. Even though they did not have a specific intent to deprive the plaintiff of a federal right, such defendants can be held to civil responsibility. Monroe v. Pape, 365 U.s. 167, 1961.24.215-219, the assaults on this man or reported again An conspiracy is actionable under 42 USC 1985, when there has been an actual of denial of due process.(Civil Rights) Jennings v. Nester (1954, Ca. 7 Ill.) 217, F.2d 153, CERT DEN 349 U.S. 958, 99 L.Ed. 1281, 75 S.ct. 888.Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and the courts, as well as other departments, are bound by that instrument. Marbury v Madison, 5 US 1803 (2 Cranch) 137, 170?180, and NORTON v. SHELBY COUNTY, 118 U.S. 425.
Posted on: Mon, 10 Mar 2014 04:37:38 +0000

Trending Topics



Recently Viewed Topics




© 2015