When an act of the legislature is repugnant or contrary to the constitution, it is, ipso facto, void. 2 Pet. R. 522; 12 Wheat. 270; 3 Dall. 286; 4 Dall. 18. [p]owers not granted (to any government) are prohibited. United States v. Butler, 297 U.S 1, 68 (1936).43.359-365 Purpose: Generally, this section further protects civil action for deprivation of rights protects constitutional rights from invasion by persons acting under state or federal authority. (Civil Rights) Weise v. Reisner, DC Wis. 1970, 318 F.Sup. 580, quoted from U.S.C.A. 1972 pocketpart, P. 40 Title 42, Sec. 1983, Note Paragraph 8,,,,,. Liability in damages for unconstitutional or otherwise illegal conduct has the very desirable effect of deterring such conduct. Indeed, this was precisely the proposition upon which 42 USC section 1983 was enacted. Judges may be punished criminally for willful deprivations of constitutional right on the strength of 18 USC Section 241- 242. (Civil Rights) (Imbler vs Pachtman, U.S. 47 L.Ed. 2nd 128, 96 S.Ct.) 44.367-374 This section was passed to enforce U.S.C.A. Constitution Amendment 14 and to protect form interference the rights secured thereby, as well as other constitutional rights; it is directed against conspiracies of private persons; and there is no requirement that conspiracy be under color of law. (Civil Rights) U.S.C.A. 1972 Pocket P. 1675, Title 42, Sec. 1995, Note 28.242-248 The Seventh Circuit of Appeals has held that a public official does not have immunity simply because he operates in a discretionary situation. It indicated that public servants are to be held liable when they abused their discretion or acted in a way that is arbitrary, fanciful, or clearly unreasonable. (Civil Rights) Littleton v. Berbling (1972, Ca. 7 Ill.), 468 F.2d 389.36.304-308 Governmental immunity is not defense in suits brought under this section making liable every person who under color or state law deprives another person of his civil rights. Westberry v. Fisher, DC Me., 1970, 309 F.Sup. 95.18 USC § 2381 - Treason | Title 18 241-242- Crimes and Criminal ...law.cornell.edu/uscode/text/18/2381 Cached ... 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; .. Common-Law Grand-Juries.Blacks Law Dictionary, 4th Edition Attorney General... He is the chief law officer of the federal and state governments with the duty of representing the sovereign, national or state. Johnson v. Commonwealth, ex rel. Meredith, 291 Ky. 829, 165 S.W.2d 820, 826. Insofar as a statute runs counter to the fundamental law of the land, (constitution) it is superseded thereby. (16 Am Jur 2d 177, Late Am Jur 2d. 256) ...all laws which are repugnant to the Constitution are null and void (Marbury v Madison, 5 US 1803 (2 Cranch) 137, 174, 170). Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. - Miranda v. Arizona, 384 U.S. 436, 491. The claim and exercise of a constitutional right cannot be converted into a crime. Miller v. U.S., 230 F 2d 486, 489. There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights.- Sherar v. Cullen, 481 F. 945. To disregard Constitutional law, and to violate the same, creates a sure liability upon the one involved: State officers may be held personally liable for damages based upon actions taken in their official capacities. Hafer v. Melo, 502 U.S. 21 (1991). I have a right to question and challenge any Publicly owned taxing activities by Any Public court, their Elected and public employee government,,non-for profits and any affiliates agency as to their validity and legal standing: Anyone entering into an arrangement with the government takes the risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority, even though the agent himself may be unaware of limitations upon his authority. The United States Supreme Court, Federal Crop Ins. Corp, v. Merrill, 332 US 380-388 L1947) The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. United States Supreme Court reminds us in Hale v. Henkel, 201 U.S. 43 (1906): The legal right of an individual to decrease or ALTOGETHER AVOID his/her taxes by means which the law permits cannot be doubted --Gregory v. Helvering, 293 U.S. 465 There can be no sanction or penalty imposed on one because of this Constitutional right. Sherer v. Cullen 481 F. 945: Supreme courts ruled Without Corpus delicti there can be no crime“In every prosecution for crime it is necessary to establish the “corpus delecti”, i.e., the body or elements of the crime.” People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185. In every criminal trial, the prosecution must prove the corpus delecti, or the body of the crime itself-i.e., the fact of injury, loss or harm, and the existence of a criminal agency as its cause. People v. Sapp, 73 P.3d 433, 467 (Cal. 2003) [quoting People v. Alvarez, (2002) 27 Cal.4th 1161, 1168-1169, 119 Cal.Rptr.2d 903, 46 P.3d 372.]. As a general principal, standing to invoke the judicial process requires an actual justiciable controversy as to which the complainant has a real interest in the ultimate adjudication because he or she has either suffered or is about to suffer an injury. People v.CORPUS DELICTI For a crime to exist, there must be an injured party (Corpus Delicti) There can be no sanction or penalty imposed on one because of this Constitutional right. Sherer v. Cullen 481 F. 945: Supreme courts ruled Without Corpus delicti there can be no crime“In every prosecution for crime it is necessary to establish the “corpus delecti”, i.e., the body or elements of the crime.” People v. Lopez, 62 Ca.Rptr. 47, 254 C.A.2d 185. In every criminal trial, the prosecution must prove the corpus delecti, or the body of the crime itself-i.e., the fact of injury, loss or harm, and the existence of a criminal agency as its cause. People v. Sapp, 73 P.3d 433, 467 (Cal. 2003) [quoting People v. Alvarez, (2002) 27 Cal.4th 1161, 1168-1169, 119 Cal.Rptr.2d 903, 46 P.3d 372.]. 18 U.S. Code § 2381 - Treason | LII / Legal Information Institute
Posted on: Tue, 11 Mar 2014 14:40:47 +0000
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