The right to SUE the sovereign in Civil Court with a Jury Trial for the denial of rights, i.e., The establishment of rights being the government's raison d'être.[1]
The facially[2] understood, reckonable[3] Constitution for the United States of America, Article VI. § 2, 1st, 4th, 5th, 7th and 14th Amendments to the United States Constitution, treaties made "The International Covenant on Civil and Political Rights " (PART II, Article 2, Section 3), federal statute law § 2 of the 1866 Civil Rights Act (now codified in Federal Statute laws as Criminal 18 U.S.C. § 241 & 242), the Civil Rights Act of 1871 (now codified in Federal Statute laws as Civil 42 U.S.C. § 1983 and 1985), the Civil Rights Act of 1875 (now codified in Federal Statute laws as Civil Rights Act of 1964) and Blackstone's English Common Law (1765–1769) as quoted into Supreme Court precedent in 1803 by Chief Justice John Marshal in the landmark case Marbury v. Madison, 5 U.S. 163 in (1803).
"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 in (1803))[4]
Therefor the combination of the 1st Amendment[5] right to petition/sue the government for a civil redress of grievances supported by the 7th Amendment's[6] jury trial and the 5th and 14th Amendment's Due Process and Equal Protection guarantees:
The establishment of rights being the government's raison d'être,[7] the Individual has a right to sue the Sovereign/Government for Civil Redress of justifiable grievances i.e., "deprivation of rights, privileges, or immunities secured by the Constitution and laws, and shall be criminally and civilly liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."[8]
[1] "Whatever other concerns should shape a particular official's actions, certainly one of them should be the constitutional rights of individuals who will be affected by his actions. To criticize section 1983 liability because it leads decision makers to avoid the infringement of constitutional rights is to criticize one of the statute's raisons d'etre." Owen v. City of Independence, 445 U. S. 656 (1980)
[2] "a facially valid court order" PENN v. U.S. 335 F.3d 786 (2003)
[3] "reckonability" is a needful characteristic of any law worthy of the name." Antonin Scalia: The Rule of Law as a Law of Rules, 56 U. Chi. L. Rev. 1175, 1175-81 (1989)
[4] The oath office requires that if sued in the respectful form of a petition (1st Amendment right to petition), never fail to comply with the judgment of a 7th Amendment civil court.
[5] The 1st Amendment secures the constitutional right to a lawfully un-abridge-able justifiable 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."
[6] The 7th Amendment secures the right to settle all 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.
[7] "Whatever other concerns should shape a particular official's actions, certainly one of them should be the constitutional rights of individuals who will be affected by his actions. To criticize section 1983 liability because it leads decision makers to avoid the infringement of constitutional rights is to criticize one of the statute's raisons d'etre." Owen v. City of Independence, 445 U. S. 656 (1980)
[8] Title Criminal 18, U.S.C, § 241 & 242, and Title Civil 42 U.S.C. § 1983 & 1985 After nine years, good faith and the absence of EXPRESSED exigent circumstances should be noted.
--
Thanks in advance
To Kill a Mocking Bird, The Denial of Due Process
"agere sequitor esse"
"Time is of the essence"
David G. Jeep
http://dgjeep.blogspot.com/
E-mail is preferred Dave@DGJeep.com, DGJeep@DGJeep.com
(314) 514-5228
David G. Jeep
c/o The Bridge
1610 Olive Street,
Saint Louis, MO 63103-2316
