Lets talk- The only man to fill this role must never have been elected to public office, not have have served in the military (due to a violation of Oath of Enlistment, Oath of Office). Just a not-so-quick note as to how Constitutional Law may be returned through a single election in Arizona 2014 (Governors race) jlmealer What powers, legal cases back up the fact that I, as an Arizona gubernatorial candidate may -in fact- act against all other elected officials for the crimes against their constituents which they have committed or failed to address? PLEASE, FIND ONE THAT HAS NOT BEEN VIOLATED... Add that to (for one seemingly inane example) the anti-Constitutional acts of protecting the world monopolies of precious gems which puts Americans at a disadvantage. [ jvclegal.org/ ] for the fine print renewed by the Patriot Act and no legislative body (or any elected official) raises his or her hand to prevent the one sided law. What is CLEAN HANDS? It is a rule of equity that a plaintiff must come with “clean hands,” i. e., he must be free from reproach in his conduct. But there is this limitation to the rule: that his conduct can only be excepted to in respect to the subject-matter of his claim ; everything else is immaterial. American Ass’n v. Innis, 109 Ky. 595, 00 S. W. 3SS. 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. 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)
Posted on: Sun, 17 Nov 2013 19:13:43 +0000
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