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Why I stand for elections – etcPeople at times ask me why stand for elections if generally the major political parties win the seatsanyhow. The truth is that while have I stood in numerous elections as an INDEPENDENTcandidate the cost of nominating is basically nothing versus the cost of advertising about theconstitution and as such in that regard an election gives me so to say a concentrated and cheaper way to bring across to people that there is a constitution and what it is about. And, perhaps one dayI might just get elected and then as one person in parliament can then take on the major political parties about what is or isn’t constitutionally permissible..Take for example how the Governments of the states have perverted the legal system that it now hasa private company (in Victoria an unlisted entity Civic Compliance Victoria) issuing courtorders/warrants without any proper trials, as if they were issued by a court! I view this isunconstitutional and we need to fight this!.
HANSARD
8-02-1898
Constitution Convention Debates
QUOTE
Mr. ISAACS
.-It is as follows:- No state shall make or enforce any law which shall abridge the privileges or immunities of 
citizens
of the United States, nor shall any state deprive any person of life, liberty, or propertywithout
due process of law
, nor deny to any person within its jurisdiction the equal protectionof the law.
Sir EDWARD BRADDON
.-That is the Tasmanian amendment.
Mr. ISAACS
.-Yes, it has been adapted by than Tasmanian Assembly to suit our alteredcircumstances but I want to point out that it only became necessary to pass that 14thamendment in the United States in order to provide in the Constitution for the change that waswrought by the Civil War. The rights of 
citizenship
for the blacks and the abolition of slaveryhad been won by hard fighting, and this Article 14 had to be rammed down the throats of theSouthern States by the military provision which I referred, to in Sydney. This, together withthe 15th article, which goes with it, had to be passed. The object of it was as I have stated, andthat was recognised by the United States courts in the case of 
Strauder 
v.
West Virginia
, 100United States Reports, page 303. We can understand that a Constitution should say who shall be
citizens
of the United States or 
citizens
of the Commonwealth.
We can also understandthat having constituted a citizenship of the nation, no state should be permitted toabridge that citizenship, and take away any of the privileges or immunities pertaining tocitizens.
What are these privileges and immunities? That very question was dealt with in whatare known as the Slaughter House cases in 1872,16 Wallace, 36, and in certain other cases.This is what the court said-
The right of a citizen of this great country, protected by the implied guarantees of itsConstitution
, to come to the seat of government to assert any claim he may have upon theGovernment, to transact any business he may have with it, to seek its protection, to share itsoffices, to engage in administering its functions, free access to its sea ports through which alloperations of foreign commerce are conducted, also to the sub-treasuries, land offices, andcourts of justice of the several states. Another privilege of a
citizen
of the United States is todemand the care and protection of the Federal Government for his life, liberty, and propertywhen on the high seas, or within the jurisdiction of a foreign country; the right to peaceablyassemble and petition for redress of grievances; the privilege of the writ of 
habeas corpus
; the
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INSPECTOR-RIKATI
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right to use the navigable waters of the United States, however they may penetrate theterritory of the several states, and all rights secured to our 
citizens
by
treaties
with foreignnations; and the right of a
citizen
of the United States of his own volition to become a
citizen
of any state of the Union by
bona fide
residence therein.END QUOTE
HANSARD
8-02-1898
Constitution Convention Debates
QUOTE
Mr. KINGSTON
.-What does the honorable and learned member mean by the term "
dueprocess of law
"?
Mr. OCONNOR 
.-The amendment will insure proper administration of the laws, and affordtheir protection to every
citizen
.
Mr. SYMON
.-That is insured already.
Mr. OCONNOR 
.-In what way?
Mr. SYMON
.-Under the various state Constitutions.
Mr. OCONNOR 
.-Yes.
We are now dealing with the prohibition against the alterationof these Constitutions.We are dealing with a provision which will prevent the alterationof these Constitutions in the direction of depriving any citizen of his life, liberty, orproperty withoutdue process of law.
Because if this provision in the Constitution is carriedit will not be in the power of any state to pass a law to amend its Constitution to do that. It is adeclaration of liberty and freedom in our dealing with
citizens
of the Commonwealth.
Notonly can there be no harm in placing it in the Constitution, but it is also necessary for theprotection of the liberty of everybody who lives within the limits of any State.Mr. SYMON
.-
Have we not that under-Magna Charta.
 
Mr. OCONNOR 
.-
There is nothing that would prevent a repeal of Magna Charta byany state if it chose to do so.
 
Let us suppose that there were any particular class of offences, or particular class of persons who, at any time, happened to be the subjects of some wild impulse on the part of a majority of the community, and unjust laws werepassed-Mr. SYMON
.-Has anything ever happened that would Justify such a proposition?
Mr. OCONNOR 
.-Yes, they are matters of history in these colonies which it is notnecessary to refer to.
Mr. SYMON
.-Would it not require an amendment of the Constitution to repeal MagnaCharta?
Mr. OCONNOR 
.-What Constitution?
Mr. SYMON
.-This Constitution.
Do you think Magna Charta would be repealed by anAct of the Federal Parliament?Mr. OCONNOR 
.-
I do not think so, and I did not say so. But I say that, under theConstitution of the states, as we are dealing with the Constitution, a State might enactany laws which it thought fit, and even if those laws amounted to a repeal of Magna
Chapter
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INSPECTOR-RIKATI
®
about the BLACK HOLE in the CONSTITUTION-DVD
A 1
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PLEASE NOTE
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by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.comSee alsowww.schorel-hlavka.com
 
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Charta they could be carried. I admit we are only dealing with a possibility, but at thesame time it is a possibility which if it eventuated, as it might, would be very disastrous,and there is no reason why we should not prevent it. 
[start page 684]
Mr. FRASER 
.-We might provide a safe-guard, at any rate.END QUOTE
HANSARD
10-03-1891
Constitution Convention Debates
QUOTE
Dr. COCKBURN:
 
All our experience hitherto has been under the condition of parliamentary sovereignty. Parliament has been the supreme body. But when weembark on federation we throw parliamentary sovereignty overboard. Parliament is nolonger supreme. Our parliaments at present are not only legislative, but constituentbodies. They have not only the power of legislation, but the power of amending theirconstitutions. That must disappear at once on the abolition of parliamentarysovereignty.No parliament under a federation can be a constituent body; it will cease tohave the power of changing its constitution at its own will.
 
Again, instead of parliamentbeing supreme, the parliaments of a federation are coordinate bodies-the main power issplit up, instead of being vested in one body. More than all that, there is this difference:When parliamentary sovereignty is dispensed with, instead of there being a high court of parliament, you bring into existence a powerful judiciary which towers above all powers,legislative and executive, and which is the sole arbiter and interpreter of the constitution.
END QUOTE
.Hansard
15-9-1897 
Constitution Convention Debates
QUOTE
The Hon. A. DEAKIN:
I say the great bulk of them are of that character, and am open torefutation if I am wrong, I should say that the whole of the thirty-seven subjects, but,indisputably, the great bulk of them, are subjects on which no question of state rights and stateinterests could arise except by the merest accident. It is, as the right hon. gentleman admitted,a grave defect in our constitution if we permit these questions to be left for all time to bedetermined in a purely states house,
or by a state referendum
, when those questions are notstate questions-when they ought to be decided, not on state lines, but on national lines,
and bya national referendum
.END QUOTE.There are numerous other issues I canvas in elections and not uncommon other candidates who aresuccessful then take some of the issues I canvassed as their own..During the Broadmeadows by-election in 2011 I had many making known to me that they never knew Australia had a constitution! Also many who are naturalized also were surprised we have aconstitution. From the various feedbacks I am too aware that my campaigning about the constitutionso to say bears its fruits. It is sowing the seed to germinate in time..With the Niddrie by-election it would obviously be easier for me to stand for a political party as acandidate so I do not need to spend days to collect signatures for nominations, but then again itmust be a Victorian registered political party and one that is credible.
Chapter
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3
INSPECTOR-RIKATI
®
about the BLACK HOLE in the CONSTITUTION-DVD
A 1
st
edition limited special numbered book on Data
DVD
ISBN 978-0-9803712-6-0
PLEASE NOTE
: You may order books in the
INSPECTOR-RIKATI® series
by making a reservation, by fax 0011-61-3-94577209 or E-mail INSPECTOR-RIKATI@schorel-hlavka.comSee alsowww.schorel-hlavka.com
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