So What is the Law of the Land?
THE LAW OF THE LAND
(See § 22 of California Civil Code):
- 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 a two thirds
majority of representatives of "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:
Separation of Powers & Branches of Government
Legislative Branch: make law
Executive Branch: enforce law
Judicial Branch: administer courts
Militia: enforce law
Federal Court System
U.S. Supreme Court: Highest appellate court; Limited
right to appeal & must be granted by the court
U.S. Court of Appeals: Intermediate appellate court; Divided into 13
courts; Automatic right to appeal
U.S. District Court: Trial court; Divided into 94 regional districts
Limitations on Government
No Attainders, No Emoluments, Notwithstanding:
No Attainders
Our public officials can not enact bills of attainders, such as
tickets, inspection fees, state taxes, gas taxes, child support, fees
for licenses, demand you pay for any service rendered by a public
servant, their salary is only to be paid out of the United States
Treasury.
No Emoluments
Emolument clause refers to a provision in Article I, Section 9,
Clause 8, that forbids the United States from granting titles of
nobility and restricts members of the government from receiving gifts
from foreign states without the consent of the United States Congress.
Notwithstanding
All state laws, all state codes, all federal code, and federal rules of
civil procedure which conflict with the constitution are contrary and
void. Any thing in the Constitution or Laws of any State to the Contrary
notwithstanding.
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English Common Law.
Based on the 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.
Case Law Is Not Law
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 “so-called case-law” construct where the judiciary makes the law by whatever they
rule in a case. The whim, will or caprice of a judge however, does not
make new law.
The Judiciary is not the legislature and is
strictly forbidden from making law. There is no leeway what so ever
for the judiciary to interpret the law as this in effect grants
law-making power to the judiciary to interpret the law to mean whatever
they want.
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.
Separation of Church and State is not a part of the Constitution, but a
wise construct. Wise would however be the separation of school and
State.
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.
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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 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 question remaining is
what sentence should be imposed on Judges and police officers who
violently break the law.
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.”
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Types of Law
Private Law: Deals with interactions between
individuals as private citizens.
- Such as: Torts & contracts.
Public Law: Issues and interests of
community - we the people.
- Such as: Criminal law, Constitutional law.
Civil Law: Provides legal remedy for wrongs
committed.
Criminal Law: Provide legal penalty for
actions or omissions that seriously violate legal duties
Contracts: A contract is an agreement
between two or more parties involving the exchange of assets or
services. When a party violates the contract it is called a
'breach of contract'.
Torts: Breaches of legal duty resulting in
injury worthy of compensation
Three major tort categories: Intentional torts, negligence, and strict
liability
Intentional Torts: Trespass, defamation
(libel/slander), assault and battery, and false imprisonment.
Negligence: Actions causing damage that
violate expected or 'due care' a normal person would be expected to
follow.
Criminal Liability: Person intended to
injure.
Objective Liability: Responsible if a reasonable person would
have been aware that the actions would injure.
Strict Liability: No excuse for actions (No damage 'mens
rea' or intent 'mens rea' requirement).
Religion State & School
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. Congress has for centuries opened with prayer.
Separation of Church and Sate is however as history has taught extremely
important. However, of vastly more significance is the absolute
and categorical need to Separate School and State. If you let the
State educate your children they will grow up believing whatever the
State feeds them, such as for example that Abraham Lincoln was honest,
or that we don't have any rights as citizens, or that the police can
barge in whenever they want and do whatever they want, including taking
children from their parents. State run Schools need to be
immediately shut down. Education is entering a new era, you can
learn more on Internet than you can learn at most schools.
CopperCards in conjunction with InfoTelesys' Get IT Ed will be
introducing exciting new educational tools and concepts. |
