Wednesday, December 1, 2010

“Agere sequitur esse.”

“action follows being”

It is because of my moral and religious obligation, “agere sequitur esse,” I must act.  This is corruption on a massive scale, for me to sit idly by and tolerate it would be to deny my essence.  They have TAKEN everything from me, my son, my home, my career, my essence...  agere sequitur esse.

We hold a “4-Year-Old Can Be Sued.[1]”  We can bail out the automaker’s to the tune of $75-$120+ billion[2].  We can make-work to stimulate the economy with $787 billion[3].  We can bail out the Banks to the tune of $2.5 Trillion[4].  But we cannot AFFORD to even consider the possibility of negligence, malice and corruption of “our chief justice (judges), our officials, or any of our servants”[5] and compensate the victims?

That is INSANITY!!!!!!!!!!!!!

The 1st Amendment to the Constitution as the “Supreme Law of the Land[6]” requires that the Courts afford “We the People” consideration and thus Due Process of Law as regard “Congress shall make no law… abridging the… the right of the people… to petition the Government for a redress of grievances.” As one of the first undiminished binding precedents (Marbury v. Madison, 5 U.S. 163 (1803)) the Supreme Court delineated the scope of a petition as:

“In Great Britain, the King himself is sued in the respectful form of a petition, and he never fails to comply with the judgment of his court.”

It was assumed by the Founding Fathers, the newly formed Government would from time to time screw up and be liable to the Citizen for a redress of grievances.  The founding Fathers had learned from the experience of history from the time of Lord Coke Floyd and Barker (1607)[7] to the writing of the constitution (1787):

“If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.[8]

The “auxiliary precautions”[9] precluded the grant of ABSOLUTE immunity to anyone.Jeep v. United States of America is a flagrant case of Judicial, Prosecutorial, Police and alleged victim negligence, malice and corruption.  It is time to over rule Pierson v. Ray, 386 U.S. 547 (1967), Imbler v. Pachtman, 424 U.S. 409 (1976) and Briscoe v. LaHue, 460 U.S. 325 (1983) and re-establish the First Amendment Right to Redress Grievances.  Judges, Prosecutors and Police work for “We the People.”  It is time “We the People” had our rights per the 1st Amendment to the Constitution Congress shall make no law… abridging the… the right of the people… to petition the Government for a redress of grievances.  Justice REQUIRES it and Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit.”[10]

[1] “Citing cases dating back as far as 1928, a New York State Supreme Court Justice has ruled that a young girl accused of running down an elderly woman while racing a bicycle with training wheels on a Manhattan sidewalk two years ago can be sued for negligence.”  Justice Paul Wooten of the New York State Supreme Court in Manhattan, New York Times, New York edition, Published: October 28, 2010, A version of this article appeared in print on October 29, 2010, on page A24 By Alan Feuer
[2] “Mark Zandi the chief economist at Moody’s “Dr. Zandi’s analysis found that the cost of rescuing the industry, across all aid programs would be at minimum $75 billion, and maybe go as high as $120 billion or more.”
[3] “Recovery Bill Gets Final Approval” The New York Times, A version of this article appeared in print on February 14, 2009, on page A15 of the New York edition.
[4] “Bailout Plan: $2.5 Trillion and a Strong U.S. Hand” The New York Times, By EDMUND L. ANDREWS and STEPHEN LABATON Published: February 10, 2009
[5] Magna Carta in 1215 (§ 61)
[6] Constitution for the United States of America Article. VI
[7] Lord Coke’s assertion in Floyd and Barker (1607) (1607) is the 400 year old common law basis for the unsustainable claim to Immunity in Bradley v. Fisher, 80 U.S. 13 Wall. 335 (1871), Pierson v. Ray, 386 U.S. 547 (1967) (judges), Imbler v. Pachtman, 424 U.S. 409 (1976) (prosecutors) and Briscoe v. LaHue, 460 U.S. 325 (1983) (police as witnesses, Testilying)
[8] The Federalist No. 51, The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments, Independent Journal, 2/6/1788 by James Madison
[9] The Federalist No. 51, i.e., Equal Protection of the Laws, the rights, privileges, or immunities secured by the Constitution and laws and Constitutional prohibition for a Title of Nobility. Article I § 9 (Federal) & § 10 (States) a.k.a., Absolute Immunity, “no personal liability”