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Tuesday, October 16, 2012

6/1/11 - We the People


We the People
6/1/11
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
“Ye shall know the truth…and the truth shall set you free!”
Most people in the United States don’t realize that the court system is based on a false premise.  We mistakenly believe that these courts are courts of Common Law with jurisdiction over the common man.  The original intent and purpose of all courts was to elicit justice from the decisions rendered.  There were civil courts and criminal courts created to deal with separate areas of jurisdiction.  Criminal acts as well as civil disputes were tried in common law courts.  Common law is a trial by jury with the jury establishing the law of the case and the punishment. If the jury decided that the law was unjust they had the right to “Jury Nullification” wherein they could nullify an existing law.  The judge in a common law trial was simply in the courtroom to make sure the proper papers were presented to the jury.  The jury had all of the power in the courtroom and no common law decision could ever be overturned by the judge or by another court.  All other courts were to be inferior to the common law court—including the Supreme Court.
Unfortunately, the court systems began changing in 1926.  With the creation of rules, regulations and codes that were signed by the Congress, the President and the B.A.R. (British Accredited Regency), the BAR was creating its own private administrative procedures for corporations.  Thus, the BAR supplanted the judicial system as the BAR (by its obvious association with Great Britain) is treasonous to the United States.  Their use of Greek and Latin terms in law and the habit of changing definitions and usage of common words is intentional.  The intent is to confound and confuse the general public and to hide the treason they are implementing, so that members of the public are forced to hire a lawyer out of frustration rather than try to represent themselves in our “fictional courts of law.”  Ninety-eight percent of the officials in public office are lawyers and these so-called representatives set policy and create the laws that govern this society.  Do you really think anyone is going to get a fair trial when the Judge, Prosecuting and Defense Attorneys who are the “Officers of the Court” are all members of the BAR Association?  Isn’t that called a “Conflict of Interest?”
Actually the conspiracy to bankrupt the United States started clear back during the Revolutionary War and continued through the Civil War and into both World Wars.  ALL WARS ARE INTENDED TO BANKRUPT SOCIETIES AND BRING THEM TO THEIR KNEES AND UNDER THE CONTROL OF THEIR SLAVE-MASTERS.  Note: The Federal and State Governments are bankrupt, NOT THE PEOPLE!  And to remedy this status, the Governors of the several states pledged (loaned) the Lives, Liberty, Future Labor, and all Private Property “of the people” to the bankrupt Federal and State governments as surety for the National Debt they created during the wars.  Thus, as the lender, we the people are the creditors and our bankrupt government is the debtor.  In other words—the government is indebted to us not we to them!  But we must be willing to stand up for our sovereign rights and not be used for their “collateral damage.”
In 1946, the Administrative Procedures Act forever changed the courts of government for the American people.  Roosevelt called it the fourth branch of government.  This act brought all branches of government and municipalities (except for the counties) under administrative codes, rules and regulations.  This in reality established each branch and municipality (which are mere corporations) as an independent nation with each having their own codes, rules and regulations.  All corporations make up their own rules for the purpose of collecting revenue (for their debt).
Laws are established by the legislature through the passage of bills signed into law by the legislature and the governor/president.  Remember—rules, regulations and codes are NOT law, they are an abrogation of the law and only corporations are subject to them.  These so-called “Commercial Courts” have only one function, and that is to administrate and enforce the Government’s corporate policy pertaining to commerce and those engaged in commerce for the purpose of collecting revenue.  These laws must not abrogate the rights of the people or the supreme law of the land—The Constitution—or they are considered “Unconstitutional” and can be appealed under “Color of Law”.
Federal law provides that it is a crime to violate the Constitutional Rights of a citizen under the “Color of Law.”  One violation of Constitutional Rights is the right to a “speedy trial by a jury of one’s peers.”  Most court proceedings drag on and on exceeding the 70-day limit provided by the Constitution as a “speedy trial.”  This extracts from the taxpayer enormous amounts of revenue that could be used for beneficial public programs.  Other violations of human, civil and constitutional rights are committed during “unlawful arrests.” Public officials such as police officers (policy enforcers) can be charged for this crime and can be held personally liable for any civil damages.  Attempting to coerce or deceive a citizen to surrender his Constitutional Rights is a Federal Crime!  Federal Courts have found that ignorance of the law is no excuse.  Also under codes 18 USC §242, 18 USC §245 and 42 USC §1983 any officer of the court can be arrested, held personally liable, and sued for damages, as well as the officer’s security bond company or agency.
All court cases are contract offers so established by Erie Railroad vs. Tompkins.  This case concluded that where there was no contract, there was no case.  This meant that the only cases courts could hear had to involve contracts.  All contracts must have the following elements to be a legal binding contract: 1) Offer 2) Acceptance (with full disclosure and meeting of minds) 3) Exchange for value.  (Farnsworth Law of Contracts)
The first offer of contract will come from an arresting officer asking you to sign a citation.  That is why they tell you that this is not an admittance of guilt or innocence but merely a SIGNED CONTRACT THAT YOU WILL APPEAR IN COURT!  Instead of signing the contract to appear in court, turn the ticket over and write on the back of it: I DO NOT CONSENT!  I DO NOT ACCEPT THIS OFFER!  SIGNED UNDER DURESS, INTIMIDATION, COERCION, THREAT, FEAR! ALL RIGHTS RESERVED WITHOUT PREJUDICE!  U.C.C. 1-207, 308.   They cannot force you to sign a contract or they are in violation of United States Constitutional codes 242, 245, and 42-1983.
Did you know that a car stop could be deemed as an arrest, and detainment an imprisonment?  If the arresting officer fails to produce a warrant and/or supporting evidence to prove a crime has been committed, and then proceeds with the arrest and detainment—it is a false arrest.  You certainly have the right to argue with the police officer if he doesn’t know the law and threatens to arrest you and throw you in jail; but as everyone is aware, police routinely ignore and violate this law.  However, if they act in a belligerent way, and without due respect to your rights as a sovereign, live, flesh-and-blood person (never use the word “citizen” as this identifies you as a “corporate fiction” and not as a free man or woman) you may want to talk to their supervisor and warn them of their liability.  (Always ask for a witness to the proceedings and memorize the arresting officers’ names.) 
The officer is personally liable for any misdeeds during an arrest.  Their protection of “sovereign immunity” only covers “discretionary” acts where the officer has a choice among reasonable alternatives.  Sovereign immunity does not cover “ministerial” acts such as executing an arrest warrant.  Nor does it cover situations in which the officer exceeds his lawful duty (e.g. acting as judge and jury, use of excessive force, destroying exonerating evidence).  Did you know that if you sue for false arrest (or false imprisonment), the arrest is presumed to be false?  (The arrestee has a right to be presumed innocent until proven otherwise.)  Demand their Indemnity or Security Bond to indemnify you for any injury they may cause to you, your private property interest and/or your private rights.
The second offer of contract may come as a ticket, judgment or warrant received in the mail.  Immediately after opening, place documents in a new envelope.  On a blank sheet of paper write or type the following:
These enclosed documents were inadvertently received and opened by mistake.  These enclosed document(s) appear to be (traffic ticket, court order, judgment) are not understandable or recognizable under the penalty of False Personification must be returned.  The enclosure herein contains the aforementioned and misdirected documents; as there is not enough information disclosed to form a responsive answer, said documents are being returned forthwith.
Address the new envelope with sender’s address; also use this address as the return address.  DO NOT USE YOUR NAME OR ADDRESS ON THIS ENVELOPE.  Do not use any headings or signature on your response.  Do not rebut the issue or address anything in their documents.  The object is to return the presentment of contract in the most neutral, non-committal manner possible.  You are simply returning the unwanted presentments. (You may want to send a “courtesy copy” anonymously to the court.)   By returning the offer of contract back to issuer you accomplish three things: 1) Irrefutable proof of refusal to contract (denying presumption of consent). 2) Deny the court service of process. 3) Avoid appearance altogether, thus depriving court of jurisdiction.
The third offer of contract is your appearance in court.  Appearance in court grants jurisdiction.  DO NOT COMMIT ACCEPTANCE OF CONTRACT BY YOUR APPEARANCE IN COURT!  APPEARANCE DENOTES ACCEPTANCE!  Appearance is defined in Black’s Law Dictionary as: “A coming into court as party to a suit, either in person or by attorney, whether as plaintiff or defendant.  The formal proceeding by which a defendant submits him/herself to the jurisdiction of the court.  The voluntary submission to a court’s jurisdiction.”  Stay out of court if at all possible!  You are either a Sovereign Freeman or a slave to their system.  We are now operating under Public Policy, not Public Law or Common Law.  There are no laws to uphold and no Constitutional courts to hear them in!  We are operating under stare decisis which means the latest court case is the new law.  They will use this to their advantage and will ignore it if it is to your advantage!
The fourth offer of contract will come from an attorney trying to contract you to be a “third party.”  Whether represented by your own attorney or by a court-appointed attorney, you now have no voice and everything you say will be held against you.  Your odds of winning the case when the court comes against you are nearly always zero!  When you give Power of Attorney to the court/an attorney, by contract you are actually saying that you are incompetent to handle your affairs.  Once you enter their jurisdiction you cannot extricate yourself for the duration of that contract.  You may try to do so via an affidavit of mistake, but the court will most likely carry out the contract to the judgment.  All you can do is reject and return all motions as motions are used to write the contract.  When the final judgment is rendered (by the opposing attorney) and signed by the judge, you must reject and return within 72 hours if you do not agree with the contract.
You do have the option to fire your lawyer or court-appointed attorney for any reason and defend yourself in court.  Unfortunately you are considered by the court a “second-class citizen” as you don’t understand their “rules of engagement.”   You don’t know how to fill out their complicated legal forms; speak their complex lawyer “lingo”; or have the knowledge of court rules and procedures.  This is totally unconstitutional under the First Amendment as it denies the average person access to the courts; which are supposed to belong to the people.  Instead all courts are owned by international lawyers (traitors).  As a “victim” in a courtroom trying to bring out the truth or exercise a constitutional right, the lawyer-judge will deem anything out-of-line an “outburst” and perhaps charge you with contempt of court.  The only other option is to appear in court (but not within the courtroom “bar” parameters) so you will not be guilty of non-appearance.  You can then simply hand your lawyer or the judge an “affidavit of mistake” and walk out of court hoping that a county clerk or court officer won’t try to “force” you into another contract.
An “affidavit of mistake” contains the following elements:
  1. Court’s name, state or county
  2. Title in caps such as: NOTARIZED SWORN AFFIDAVIT; JUDICIAL NOTICE OF PETITION TO STRIKE; ALL CONTRACTS CANCELLED; MANDATORY JUDICIAL NOTICE AND DELARATON; NOTICE OF REVOCATION OF SIGNATURE, POWER OF ATTORNEY AND CONSENT; ETC.
  3. In your own words making it as precise as possible state the following:
I, your name in lower-case letters an actual live, flesh-and-blood person, hereby declare that I do not, did not, never intended, and never will intend to be in servitude (economic or otherwise) to any corporate government.  Therefore any and all contracts (presumed or otherwise) are null and void for the following reasons: 1) No full disclosures of content of contract and its ramifications. 2) No valid “acceptance” due to misrepresentation, misunderstanding, undue coercion or force; therefore there was no meeting of minds. 3) Failure of just compensation (per Fifth Amendment).
  1. Date and notarize a copy to give to the court, and send another copy certified mail to the District Attorney’s office.


CAUTION
This is a do-it-yourself process.  There are no guarantees.  Every situation is different (circumstances, people, events) and there’s no standard approach.  Worse yet, we’re dealing with people who don’t abide by their own laws but do as they damn well please.  This isn’t Rule of Law, it’s Rule of Man; therefore no matter how prepared you are or how much due diligence you do on your part, it may not mean a rat’s ass to those who are tyrannical terrorists.  But what other choice do you have?  Give up all of your God-given rights to their system of injustice?  Perhaps it’s time to join the new “people’s republic” and sign a new “Declaration of Independence.”  I have already.  It’s never too late to reclaim our unalienable rights to our freedom and liberty.  Here are a few quotes from George Orwell, who saw it all coming:
"If liberty means anything at all, it means the right to tell people what they do not want to hear."
"Speaking the Truth in times of universal deceit is a revolutionary act."
"Political language. . . is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind."
"War is a way of shattering to pieces, or pouring into the stratosphere, or sinking in the depths of the sea, materials which might otherwise be used to make the masses too comfortable, and hence, in the long run, too intelligent."
Declaration of Independence
IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
                                                                                                                                                                                                            Written by Janae Thorne-Bird
All Rights Reserved

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