"Facts do
not cease to exist because they are ignored."[5]
Historically, the claim of precedent has been the first refuge of scoundrels; we have always done it this way; it is a way to avoid debate by claiming that the matter is already settled.[1]
To assume that the founding fathers, who had enacted the Constitution of the United States of America as the supreme Law of the Land,[2] intended sub silentio,[3] all evidence to the contrary, to exempt ANYONE, especially those judicially tasked with its enforcement, from its binding effect is a fantastic or delusional scenario.[4]
"Facts do not cease to exist because they are ignored."[5]
There is no royal absolutely immune ruling person/class in this country i.e., no titles of nobility.[6] We the People incorporated ourselves, in 1788, into a government, based on equality, of the people, by the people and for the people to establish Justice and secure the Blessings of Liberty to ourselves and our Posterity with a lawfully un-abridge-able right of the people to justifiably petition the Government for a redress of grievances.[7]
ANY assertion of personal ABSOLUTE IMMUNITY, without proof of divinity, is a fraud, by any standard of Justice, law and equity,[8] in a government of free and equal persons on THIS PLANET!!!!!
ANY assertion of governmental ABSOLUTE IMMUNITY, acknowledging un-avoidable human fallibility, is a fraud, by any standard of Justice, law and equity, in a government of the people, by the people and for the people on THIS PLANET!!!!!
The ministerial[9] grant of "Absolute Immunity,"[10] by and for ministers, is a massive, at the highest levels, ministerial, unconstitutional and "unlawful Conspiracy"[11] "before out of Court"[12] to obfuscate "false and malicious Persecutions."[13]
"Immunity is given to crime, and the records of the public tribunals are searched in vain for any evidence of effective redress." "The courts are in many instances under the control of those who are wholly inimical to the impartial administration of law and equity." I say it NOW, 2011!!! Justice William O. Douglas said it in 1961 and 1967. [14] Mr. Lowe of Kansas and Mr. Rainey of South Carolina respectively said it originally in 1871[15].
for condoning the denial of a Constitutionally secured and congressionally un-abridge-able right to justice[18] and
"fraud upon the court."
Before they have a chance to screw-up Healthcare for
100 years!!!!!!
Impeach the current Supreme Court FIVE for verifiable NOT "good Behaviour,[19]" denying the establishment of justice and abridging a Constitutionally secured and congressionally un-abridge-able right to a redress of grievances,[20] with their deprivation of substantive 7th Amendment[21] justice between the government and the people, Connick, District Attorney, et al. v. Thompson No. 09–571 Decided March 29, 2011 and "fraud upon the court" with Ashcroft v. al-Kidd No. 10–98 Decided May 31, 2011!!!
The Right of Petition is the right to substantive justice between the government and the people. We do not have any individually enforceable rights in this country, "Everybody, BUT the innocent victim, has "ABSOLUTE IMMUNITY"[22]" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States of America"[23] e.g., "To Kill a Mocking Bird, The Denial of Due Process,"[24] "The Exclusionary Rule," "Grounds for Impeachment."
Most of the 99% of Americans have not had the pleasure and are silently intimidated by the prospect of being dragged through our corrupt COURTS kicking and screaming!!!!!! I have been kicking and screaming for nearly 8 years. I have suffered through 411 days of illegal incarceration, 4 years of homelessness and two psychological examinations. I ask you to review Jeep v Obama 8th Circuit Court of Appeals case #11-2425, Jeep v United States of America 10-1947," Jeep v Bennett 08-1823, "Jeep v Jones 07-2614, and the most humble Petition for a Wirt of Certiorari to the Supreme Court 07-11115."
I have referenced "To Kill a Mocking Bird, The Denial of Due Process," in several of my papers, I do so only because the facts of the case in "To Kill a Mocking Bird" are generally known. The abuses are happening EVERYDAY in REAL LIFE Mr. Thompson (No. 09–571),[25] Mr. Smith (No. 10-8145), [26] Mr. al-Kidd (No. 10–98)[27] and myself (USCA8 No. 11-2425).[28] The fact that "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners"[29] PROVES "We the People" have NO ENFORCEABLE RIGHTS IN America today!!!!!!!!!!!!
DGJeep "The Earth and everything that's in it" (www.dgjeep.blogspot.com)
Saturday, May 12, 2012, 3:54:19 PM, 2012 05-12-12 Historically.doc
[1] Paraphrased from "Historically, the claim of consensus has been the first refuge of scoundrels; it is a way to avoid debate by claiming that the matter is already settled." Michael Crichton
[2] "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby" Article. VI, 2nd Paragraph Constitution for the United States of America
[3] "To assume that Congress, which had enacted a criminal sanction directed against state judicial officials, [Footnote 2/26] intended sub silentio to exempt those same officials from the civil counterpart approaches the incredible. [Footnote 2/27]" Briscoe v. LaHue, 460 U.S. 363 (1983) I would assert it a fantastic or delusional scenario!!!!!
[5] Aldous Huxley
[6] You some how want to argue that "the grant of Nobility" was about something other than the ROYAL Status of IMMUNITY. You want to argue that hereditary property rights were linked to a Colonial interpretation of Nobility? That would undermine Free-Enterprise.
Anyone that wants to assertion "the prohibition of titles of nobility' was meant to be anything more than a prohibition of the absolute immunity of the nobility had been allowed, need only read the Petition of Right 1628 and note the consistent aversion to the asserted immunity of the nobility.
There is not now and there was not then any titular value other than Royal status as immunity - being above the law? Did Nat King Cole violate the constitution? No one is that petty. Nobility conferred ONE-THING of interest now and then, IMMUNITY from the RULE OF LAW!!!!!!!!!!!!!
[7] Our right of redress was based on the Magna Carta in 1215 (§ 61), the first modern attempt at limiting government. The right of redress as a petition was based the Petition of Right 1628 in England. Our 1st Amendment's lawfully un-abridge-able right to petition the government for a justifiable redress of grievances was and is based on the Declaration of Independence's assertion, "In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury (i.e., immunity from suit). A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people" and the 1803 Supreme Court precedent: "The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. One of the first duties of government is to afford that protection. 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." Marbury v. Madison, 5 U.S. 163 (1803) Chief Justice John Marshal establishing Supreme Court precedent and quoting English common law per the Commentaries on the Laws of England, the 18th-century treatise on the common law of England by Sir William Blackstone
[8] Justice without regard to equity impoverishes the victim at the expense of the evil they have suffered. I have been forced into homelessness for FOUR YEARS! The 1st Amendment secures the constitutional right to a lawfully un-abridge-able redress of grievance from the government: "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances." The 7th Amendment's secures the right to settle all disputes/suits: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law" assures justice as regards equity.
[9] Ministerially created rules are SECONDARY, in a Democratic Constitutional form of government, to the will of the people as specifically expressed in the Constitution and the Statute law. For anyone to ministerially grant immunity from the Constitution and Statute law is to act in direct conflict with the tenor of the commission under which the MINISTERIAL authority was granted.
[10] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[11] Lord Coke Floyd and Barker (1607) "Judge or Justice of Peace: and the Law will not admit any proof against this vehement and violent presumption of Law, that a Justice sworn to do Justice will do injustice; but if he hath conspired before out of Court, this is extrajudicial; but due examination of Causes out of Court, and inquiring by Testimonies, Et similia, is not any Conspiracy, for this he ought to do; but subornation of Witnesses, and false and malicious Persecutions, out of Court, to such whom he knowes will be Indictors, to find any guilty, &c. amounts to an unlawful Conspiracy."
[15] Cong.Globe, 42d Cong., 1st Sess., 374 & 394
[16] "And the inference is greatly fortified by the consideration of the important constitutional check which the power of instituting impeachments… upon the members of the judicial department. This is alone a complete security. There never can be danger that the judges, by a series of deliberate usurpations on the authority of the legislature, would hazard the united resentment of the body intrusted with it, while this body was possessed of the means of punishing their presumption, by degrading them from their stations." Alexander Hamilton in FEDERALIST No. 81, "The Judiciary Continued, and the Distribution of the Judicial Authority" From McLEAN's Edition, New York. Wednesday, May 28, 1788 stated that impeachment was to be used as an integral check for "Judicial Authority"
[18] The redress of a justifiable grievance REQUIRES a remedy in BOTH law and equity
[19] Article III Section 1 the Constitution for the United States of America "The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour" Yes it is spelled wrong in the Constitution
[20] 1st Amendment, "Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances."
[21] Amendment VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
[22] "absolute immunity… for all persons -- governmental or otherwise -- who were integral parts of the judicial process" for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." Briscoe v. LaHue, 460 U.S. 325 (1983) @ Page 460 U. S. 335
[24] Mr. Hoar of Massachusetts stated: "Now, it is an effectual denial by a State of the equal protection of the laws when any class of officers charged under the laws with their administration permanently, and as a rule, refuse to extend that protection. If every sheriff in South Carolina (or now the State of Missouri) refuses to serve a writ for a colored man, and those sheriffs are kept in office year after year by the people of South Carolina (or now the State of Missouri), and no verdict against them for their failure of duty can be obtained before a South Carolina (or now the State of Missouri) jury, the State of South Carolina (or now the State of Missouri), through the class of officers who are its representatives to afford the equal protection of the laws to that class of citizens, has denied that protection. If the jurors of South Carolina (or now the State of Missouri) constantly and as a rule refuse to do justice between man and man where the rights of a particular class of its citizens are concerned, and that State affords by its legislation no remedy, that is as much a denial to that class of citizens of the equal protection of the laws as if the State itself put on its statute book a statute enacting that no verdict should be rendered in the courts of that State in favor of this class of citizens. " Cong.Globe, 42d Cong., 1st Sess. p. 334.( Monroe v. Pape, 365 U.S. 167 (1961), Page 365 U. S. 177) Senator Pratt of Indiana spoke of the discrimination against Union sympathizers and Negroes in the actual enforcement of the laws: "Plausibly and sophistically, it is said the laws of North Carolina (or now the State of Missouri) do not discriminate against them; that the provisions in favor of rights and liberties are general; that the courts are open to all; that juries, grand and petit, are commanded to hear and redress without distinction as to color, race, or political sentiment." "But it is a fact, asserted in the report, that of the hundreds of outrages committed upon loyal people through the agency of this Ku Klux organization, not one has been punished. This defect in the administration of the laws does not extend to other cases. Vigorously enough are the laws enforced against Union people. They only fail in efficiency when a man of known Union sentiments, white or black, invokes their aid. Then Justice closes the door of her temples." Cong.Globe, 42d Cong., 1st Sess. p. 505. (Monroe v. Pape, 365 U.S. 167 (1961), Page 365 U. S. 178) non italic parenthetical text added fro clarity.
[28] See also USCA8 07-2614,08-1823,10-1947,11-2425 and Writs of Certiorari to the Supreme Court 07-11115&11-8211
[29] "With 5% of the world's population, our country now houses nearly 25% of the world's reported prisoners" and you have the moronic audacity to ask why???? "Why We Must Fix Our Prisons", By Senator Jim Webb, Parade Magazine published: 03/29/2009, U.S. Imprisons One in 100 Adults, Report Finds New York Times, By ADAM LIPTAK, Published: February 29, 2008, Our Real Prison Problem. Why are we so worried about Gitmo? Newsweek by Dahlia Lithwick Published June 5, 2009