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Caselaw to use in court, support your case, exercise your rights From: Marcel Bendshadler KC7AQK@worldnet.att.net Marbury v. Madison, 5 US 137 ³The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the Constitution is null and void of law.´ Murdock v. Penn., 319 US 105 it.´ ³No state shall convert a liberty into a privilege, license it, and attach a fee to
Shuttlesworth v. Birmingham, 373 US 262 engage in the right with impunity.´
³If the state converts a liberty into a privilege, the citizen can
U.S. v. Bishop, 412 US 346 ³ If you have relied on prior decisions of the supreme Court, you have the perfect defense for willfulness. ´ Owen v. Independence, 100 S.C.T. 1398, 445 US 622 ³Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.´ Scheuer v. Rhodes, 416 U.S. 232, 1974 Expounds upon Owen Byers v. U.S., 273 U.S. 28 search and seizure. Your rights must be interpreted in favor of the citizen. ´ Boyd v. U.S., 116 U.S. 616 liberties.´ ³Unlawful
³The court is to protect against any encroachment of Constitutionally secured
Miranda v. Arizona, 384 U.S. 436 ³Where rights secured by the Constitution are involved, there can be no rule making or legislation, which would abrogate them.´ Norton v. Shelby County, 118 U.S. 425 ³An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.´ Miller v. U.S., 230 F.2d. 486, 489 crime.´ ³The claim and exercise of a Constitutional right cannot be converted into a
Brady v. U.S., 397 U.S. 742, 748 ³Waivers of Constitutional Rights, not only must they be voluntary, they must be knowingly intelligent acts done with sufficient awareness.´ ³If men, through fear, fraud, or mistake, should in terms renounce or give up any natural right, the eternal law of reason and the grand end of society would absolutely vacate such renunciation. The right to freedom being a gift of ALMIGHTY GOD, it is not in the power of man to alienate this gift and voluntarily become a slave.´ ²Samuel Adams, 1772 United States v. Sandford, Fed. Case No.16, 221 (C.Ct.D.C. 1806) ³In the early days of our Republic, µprosecutor¶ was simply anyone who voluntarily went before the grand Jury with a complaint.´ Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958). ³No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.´ United States v Dougherty, 473 F 2d 1113, 1122. The court states, ³...Judge Miller, joined by Judges Prettyman, Danaher And Bastian, stated that the pro se right is statutory only, and therefore (a) defendant must assert the right
297. and the other National. As such. 542 (1876). 304. (U. Prudden. Tweel. and pronounces on the guilt of a party without any of the forms or safeguards of a trial. US v Will.´ 1 Smith's Leading Cases.´ ³Freedom in enjoyment and ARGERSINGER v.« and if he deliberately conceals material information from them he is guilty of fraud.. 662 P. and not aided by presumption in favor of jurisdiction.¶discerning in the decisions seven µfactors¶ on the basis of which the pro se right may be partially or entirely denied. 471. resorted to with intent to deprive another of his right. which is guaranteed by the Sixth Amendment« is not governed by the classification of the offense or by whether or not a jury trial is required.S. v. (U. 101 S Ct. 19 US (6 Wheat) 264. 550 F. That which it meant when it was adopted. but there need be no conflict between the two. 297 U. 25 (1972) ³The right of an indigent defendant in a criminal trial to the assistance of counsel.where the legislative body exercises the office of judge. Morrison v.. 299.S. the judge is engaged in an act or acts of treason. Cas No. 5LEd 257 (1821) ³When a judge acts where he or she does not have jurisdiction to act. 2d. 404. its meaning does not alter. 449 US 200. Fraud and deceit may arise from silence where there is a duty to speak the truth. 300 (1977) ³Silence can only be equated with fraud when there is a legal and moral duty to speak or when an inquiry left unanswered would be intentionally misleading.) 323. 444. An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. it is as to such proceeding an inferior court.´ Mattox v. in which he was denied the assistance of counsel.S. 483 U. 406 (1980) Cohens V Virginia. they will be presumed not to have existed. 307. American Press Co... and fixes the punishment. 7 Fed. 3.2d.S. citing Cummings v. as well as from speaking an untruth.) 391. In regard to courts of record: ³If the court is not in the exercise of its general jurisdiction.´ Grosjean v.S..S. at the time it was adopted. 3 Or at 202-03 It is interesting to note the repeated references to fraud in the above quotes. U.S.´ ³A bill of attainder is defined to be µa legislative Act which inflects punishment without judicial trial¶´ ³. This sort of deception will not be tolerated and if this is routine it should be corrected immediately.. v Holzer. U. Coddington. Therefore the meaning of fraud should be noted: Fraud. 2d.S.S. A false representation of a matter of fact« which deceives and is intended to deceive another so that he shall act upon it to his legal injury.in order to be entitled to it and (b) in any event no reversal was required since no prejudice could be discerned´ ³The Government says the pro se right is statutory and subject to µextensive qualifications. but of some special statutory jurisdiction.Ct. 156 US 237. 424 F. 371-372. Cruikshank.S.´ Norman v.´ In re De Giacomo. faculties and property. Carolina v. 243. 350.S.´ United States v. ³if the record does not show upon its face the facts necessary to give jurisdiction.´ U. 816 F. (1874) 12 Blatchf.. it means now. or in some manner to do him injury« (Emphasis added) ±Black¶s Law Dictionary Fifth Edition. 80 LEd 660 use of all of one¶s powers.. page 594. 1021.216. « It consists of some deceitful practice or willful device.S. ³The people of the United States resident within any State are subject to two governments: one State. . 66 LEd2nd 392. A public official is a fiduciary toward the public. U. ³The Constitution is a written instrument. whether felony or misdemeanor. 92 U. 199 U.S.2d. (1866) 4 Wall. No accused may be deprived of his liberty as the result of any criminal prosecution. and assumes judicial magistracy. 446. 407 U. 135 Ariz. 816 In regard to courts of inferior jurisdiction. 448 (1905).´ ³We are bound to interpret the Constitution in the light of the law as it existed S. 480(1983). 56 S. Zieber. Fraud in its elementary common law sense of deceit« includes the deliberate concealment of material information in a setting of fiduciary obligation. 437. U. Missouri. If that is the case we hope our message is clear. 233. 155. HAMLIN.747. We cannot condone this shocking conduct. Quoting U. Then take into account the case of McNally v. v.