The police power of the state must be exercised in subordination to the provisions of the U.S. Constitution. Panhandle Eastern Pipeline Co. vs. State Highway Commission, 294 US 613; Bacahanan vs. Wanley, 245 US 60. Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. Miranda v. Arizona, 384 US 436, 491. Constitutional Rights cannot be denied simply because of hostility to their assertions and exercise; Watson vs. Memphis, 375 US 526. No State may convert a Right into a Privilege and require a License of Fee for the exercise of the Right Murdock v. Pennsylvania, 373 U.S. 262. The claim and exercise of a constitutional right cannot be converted into a crime. Miller v. US, 230 F 486, at 489. Moreover, a distinction must be observed between the regulation of an activity which may be engaged in as a matter of right and one carried on by government sufferance of permission. Davis vs. Massachusetts, 167 US 43; “The common law is the real law, the Supreme Law of the land, the code, rules, regulations, policy and statutes are “not the law”, [Self v. Rhay, 61 Wn (2d) 261]; The Common Law is the will of mankind issuing from the life of the people. Motto of the US Department of Justice USDOJ All codes, rules, and regulations are for government authorities only, not human/Creators in accordance with Gods laws. All codes, rules, and regulations are unconstitutional and lacking due process… [Rodriques v. Ray Donavan (U.S. Department of Labor) 769 F. 2d 1344, 1348 (1985).] No public policy of a state can be allowed to override the positive guarantees of the U.S. Constitution. 16 Am.Jur. (2nd), Const. Law, Sect.70. “...flesh and blood people are sovereigns in their own right, not subject to legislative or administrative law. Yick Wo v. Hopkins 118 U.S. 356 Where an individual is detained, without a warrant and without having committed a crime, the detention is a false arrest and false imprisonment. Trezevant v. City of Tampa, 241 F2d. 336 (11th CIR 1984). “Waver of Constitutional Rights not only must be voluntary, they must be knowingly intelligent acts, done with sufficient awareness of the relevant circumstances and consequences.” Brady v. U.S., 379 U.S. 742 at 748 (1970):
Posted on: Sat, 20 Sep 2014 02:14:00 +0000
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