So What is the Law of the Land?
THE LAW OF THE LAND
(See
§ 22 of California Civil Procedure
to search yourself go to
http://www.leginfo.ca.gov/calaw.html click on Civil Code & search
""supreme power of state""):
- The highest law of the land is the U.S. Constitution;
- Underlying the U.S. Constitution are the State Constitutions;
- Underlying the Constitutions is English Common Law.
Higher law overrules lower law. Lower laws may not infringe or
contradict or be in conflict with higher laws. Laws must be ratified
by "we the people".
NOTE: Most of the "Code" is not law unless it conforms
to the law as defined above. see
Understanding Law in the U.S. and opposite:
Proposed Amendment to the U.S.
Constitution:
No legislature may enact any new legislation unless they
represent a majority of the citizens and not just a majority of
those who turn out to vote.
In regard to the ratification of law, there is question as to whether
a representative who is voted in by a mere 10% or so of the population,
actually represents "we the people". We believe that such a
representative does not represent "we the people" and has no right to
make new law or take the country to war. |
English
Common Law.
Based on the Bible and biblical construct where the law is
written on the hearts and minds of the people. The law is meant to
reflect the will of "we the people". English Common Law is
specifically a non-Code based law, however, underlying maxims at law
apply. These maxims reflect the ten commandments and other legal
constructs such as:
- Innocent until proven guilty.
- Proof beyond a reasonable doubt.
- 3 mandatory elements of every criminal
charge: MENS REA - willful intent,
actus reus - act or crime, CORPUS
DELICTI - body of the crime, the actual damage.
- He who incurs the benefit incurs the cost.
- Justice delayed is justice denied.
(These maxims at law are listed in documents such as the
MAGNA CHARTA. This one is
Art.40, June 15, 1215
The Code, such as the Vehicle Code, the Penal Code and Family Code is
not Law, it is code. Like a "code of ethics". The code which
is spewed out in huge volumes is the work of individuals appointed to
committees. Much of the code is anti-law and is in direct and
treasonous conflict with the laws of the land.
A classic example is the "infraction scam" our police and Courts are
pulling. There is no construct for a victim less / damage less
crime under the law - that's why they make you sign the ticket - to
contract you into agreeing to appear in 'their Court' under 'their
Code'. see Understanding Law
in the U.S.
United States Constitution ARTICLE III Sect. 2. The trial of all
crimes, except in cases of impeachment, shall be by jury; and
such trial shall be held in the state where the said crimes shall have
been committed; but when not committed within any state, the trial shall
be at such place or places as the Congress may by law have directed.
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Innocent
Until Proven Guilty. What's required to arrest someone lawfully in
the U.S.? It is critical to understand that under the law
the government cannot punish someone unless they have been proven
guilty beyond any reasonable doubt. This core foundational
legal principle at law in the U.S. must be viciously and adamantly
protected. Only the most outrageous tyrannical regimes practice
'guilty until proven innocent'.
The law regarding arresting someone in the U.S. is absolute and
strict. U.S. Const. Amendment
V:
"No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment
of a Grand Jury"
You may only be arrested if a Grand Jury properly issues a arrest
warrant. And due process must be followed, in other words, you may only
be arrested if you are charged with sufficient probable cause to be
found guilty of a serious capital offence - i.e. there must be
significant evidence proving that you for example murdered someone.
U.S. Const Amendment IV
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be
seized
In regard to most arrests and imprisonment before trial, Courts
and Cops are completely and utterly ignoring and violently violating the
law throughout the U.S. The only question remaining is
what sentence should be imposed on Judges and police officers who have
been blatantly violating the law. |
Case Law Is Not Law
Typical dialogue between Clive and a lawyer:
CLIVE: "So what is the law of the land?"
LAWYER: "It's based on Case Law."
CLIVE: "But that implies that the judiciary is the legislature, and we know that
is not the case."
LAWYER: "Uh, I duno"
The whim, will or caprice of a judge does not make new law!
Perhaps by our current courts, lawyers and judges definition, law
stands for: "Lots of Attorney
Wages"
Common-Law was specifically adapted in the U.S. to eliminate the construct
of a 'Code based' legal system (such as the Napoleonic Code). Precedence
under Common Law is now employed by the judiciary and lawyers to
imply a “Case-Law” construct where the judiciary makes the law by whatever they
rule in a case.
However, Common-Law, by
it’s very name and core construct, implies the law of the common man. That is a
law that is written on the hearts of the people. English Common-Law has at it’s
foundational roots Biblical Law.
There is a misconception by some who are
trying to ignore the fact that the U.S. was built by Christians as a
Christian nation. See Original Intent by Barton who lays out
irrefutable evidence proving this fact.
Realize also that there is absolutely no term or construct within the
Constitutions claiming a separation of Church and State. Freedom
of religious beliefs does not imply that religion may not be taught or
practiced in school or in the government. To the contrary, freedom of
religion implies that religion may be taught in schools and recognized
by government. |
Examples of Treason & Violations at Law within the U.S.A.
- Roosevelt ordering
citizens to hand their gold to a private bank called the Federal
Reserve Bank.
- The Patriot Act which diminishes your right to "innocent until
proven guilty" to "guilty without the right to prove your
innocence".
- The State placing themselves at the head of the family.
- The State banning religion and freedom of speech such as prayer
in schools.
- The Judiciary enacting new law authorizing murder of unborn
persons.
- Government employees claiming they are kings and queens -
sovereign immunity.
- Violations of the 2nd Amendment
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Plea Bargains - What the Law Says:
Cal Jur
3d – P97 - § 2297: “Certain agreements between a public prosecutor and a
perspective defendant are in flagrant violation of the interests of justice and
therefore highly improper. Thus, it is improper for a prosecutor to promise an
accused, in return for a confession of guilt regarding a particular crime,
immunity from prosecution for other crimes that he may have committed. So, too,
a prosecutor’s promise of immunity in return for a promise to render testimony
tending to result in the conviction of an accomplice is improper.”
See Also:
11th Amendment: No
Judicial Power
The Missing 13th Amendment
16th Amendment Failed
Ratification: IRS Unlawful |
