Registered U.S. Mail #R 756 488 761
Return Receipt Requested
c/o General Delivery
San Rafael
California Republic
zip code exempt (DMM 122.32)
December 29, 1993
Hon. William H. Rehnquist, Chief Justice
Hon. Harry A. Blackmun, Associate Justice
Hon. John Paul Stevens, Associate Justice
Hon. Sandra Day O'Connor, Associate Justice
Hon. Antonin Scalia, Associate Justice
Hon. Anthony M. Kennedy, Associate Justice
Hon. David H. Souter, Associate Justice
Hon. Clarence Thomas, Associate Justice
Hon. Ruth Bader Ginsburg, Associate Justice
Supreme Court of the United States
One First Street, Northeast
Washington, District of Columbia
Subject: NOTICE AND DEMAND TO CEASE AND DESIST
Dear Honorable Justices:
Notice is hereby formally served upon you, both jointly and
severally, that conclusive evidence now available to me proves
that the so-called 14th amendment to the Constitution for the
United States of America was never properly approved and adopted.
I am under a legal and moral obligation to intervene on behalf of
the many millions of Americans whose status has been unlawfully
subsumed under federal jurisdiction, because this was done
without either their knowledge or their informed consent.
As required by Title 28, United States Code, Section 453
(Oaths of justices and judges), you have solemnly sworn (or
affirmed) that you would administer justice without respect to
persons, and faithfully and impartially discharge and perform all
duties incumbent upon you as Justices of the U. S. Supreme Court
under the Constitution and laws of the United States, so help you
God (see revision at 104 Stat. 5124).
Please take formal notice that it is quite simply impossible
for you, or for any other public officials anywhere in America,
to perform your solemn duties under this oath (or affirmation),
if the weight of material evidence should prove that the exact
provisions of that Constitution are still in doubt. Your oath
(or affirmation) is a binding contract which I hereby seek to
enforce, according to the dictates of my conscience, my Creator,
and the supreme Law of the Land, as lawfully amended.
Notice and Demand to Cease and Desist:
Page 1 of 6
Pursuant to the Guarantee Clause (4:4) and to the opinion of
the California Court of Appeal in Steiner v. Darby et al., 88
Cal.App.2d 481, 199 P.2d 429 (1948: the year of my birth as a
Sovereign natural born Free Citizen of one of the United States),
it is not only my Right, but also my Duty, to inform you that the
weight of material and historical evidence proves that the
so-called 14th amendment is not now, nor has it ever been, a
lawful provision in the Constitution for the United States of
America. This proposed amendment failed to be ratified in
accordance with the requirements of Article 5 of the
Constitution. At the very least, the evidence which I now lay
before you consists of the following public records and other
documents:
State v. Phillips, 540 P.2d. 936, 941 (1975)
Dyett v. Turner, 439 P.2d 266, 270 (1968)
28 Tulane Law Review 22
11 South Carolina Law Quarterly 484
House Congressional Record, June 13, 1967, p. 15641 et seq.
Because the available evidence indicates to me that all
Federal and State judicial officers, without exception, have
taken solemn oaths (or affirmations) which disagree with the
Constitution for the United States of America as lawfully
amended, I am now left entirely without any unbiased judicial
forum in which to seek review and declaratory relief in the
matter of the following federal questions:
(1) The constitutional qualifications for election to the
offices of President, Senator, and Representative retain the
meaning they had when the Constitution was first drafted
(see Dred Scott v. Sandford, 19 How. 393-633 (1856)).
(2) There is still no constitutional authority for the status of
a "citizen of the United States", unlike the proper status
of a "Citizen of one of the States United" (see 1:2:2,
1:3:3, 2:1:5, and People v. De La Guerra, 40 Cal. 311
(1870): the term "United States" here means "States united";
see also Hooven & Allison v. Evatt, 324 U.S. 652 (1945)).
(3) There is still no constitutional provision prohibiting
anyone from questioning the validity of the public debt, and
freedom of speech is still guaranteed by the Bill of Rights.
(4) All provisions in Federal law are necessarily null and void,
to the extent that they make reference, either implicitly or
explicitly, to any section(s) of the failed 14th amendment.
(5) All provisions in State constitutions and statutes are
likewise null and void, to the extent that they make
reference to any section(s) of the failed 14th amendment
(e.g. see the attached letter to the California State Lands
Commission, to which all recipients fell silent).
Notice and Demand to Cease and Desist:
Page 2 of 6
DEMAND TO CEASE AND DESIST
Therefore, by virtue of the superior authority which is
vested in me by my Creator, as a direct consequence of my natural
birth as a qualified member of the Sovereign People, "by whom and
for whom all government exists and acts" (see Yick Wo v. Hopkins,
118 U.S. 356, 370 (1886)), and on behalf of each and every member
of the Sovereignty known and lawfully identified as "We, the
People of the United States" of America (see Preamble), I hereby
demand and do hereby order you to Cease and Desist from any and
all of the following official acts on your part:
(1) any and all official oaths or affirmations which are
predicated in any way on the lawful ratification of the
so-called 14th amendment;
(2) any and all judicial decisions or determinations which are
predicated in any way on the lawful ratification of the
so-called 14th amendment, including but not limited to:
(a) decisions or determinations which construe in any way
the rights, responsibilities, privileges, immunities,
and liabilities of "citizens of the United States" as
that term is used in any and all Acts of Congress and
administrative rules and regulations promulgated by any
employees of the Executive Branch of the Federal
government (e.g. 26 C.F.R. 1.1-1(c));
(b) decisions or determinations which attempt in any way to
enforce the administration of the individual income tax
provisions of the Internal Revenue Code upon the People
of the 50 Union States, or upon their private property
(see Treasury Decision 2313 and Brushaber's pleadings);
(c) decisions or determinations which uphold in any way the
validity of the public debt of the Federal and State
governments, acting in whatever capacity and through
whatever agency, lawfully delegated or not (see 1:6:2);
(d) decisions or determinations which recognize in any way
the lawful existence of a "State within a state", with
particular reference to the political body defined by
the population of "citizens of the United States" who
may inhabit the 50 Union States at any given moment,
however those terms may be defined (see 4:3:1 and the
case law interpreting the Buck Act, 4 U.S.C. 105-113).
Until such time as you demonstrate officially that each and
every one of you has executed a solemn oath which agrees with the
Constitution for the United States of America as lawfully
amended, I will take the absence of such an oath to mean that you
are jointly and severally biased in your understanding of the
Constitution and that you are, therefore, unqualified to rule on
these matters and hereby recused from doing so.
Notice and Demand to Cease and Desist:
Page 3 of 6
The burden of proof is now upon you to authenticate the
Constitution which you agree to uphold, now and at all times in
the future, using established principles of Law and the published
rules of evidence.
I realize that this NOTICE AND DEMAND TO CEASE AND DESIST
may constitute an historically unprecedented act on my part, as
an individual California Citizen who enjoys neither elected nor
appointed authority of any kind at this moment in time.
Nevertheless, this act is necessitated by the fact that there is
presently not one single judge, magistrate, or commissioner
anywhere in America whose oath of office is not colored by faulty
(non-existent) provisions in the federal Constitution which they
are sworn to uphold.
I realize also that this Notice and Demand must be general
in nature and in substance, because of the far-reaching
consequences which issue from the facts and Law which impugn
federal "adoption" of the so-called 14th amendment. It is not my
purpose here to anticipate, nor to delineate, each and every such
consequence. Better minds than I should hesitate to assume such
a weighty task by themselves.
Therefore, for the time being, I will leave it to you, and
to the capable expertise on your respective staffs, to find and
recommend the course of action which will best execute this
Demand with maximum justice, liberty, and domestic tranquility.
These are, after all, the stated goals of our chosen form of
government in the united States of America (see Preamble).
Furthermore, I do explicitly reserve my unalienable Right to
take whatever steps I deem necessary and proper to correct, at
any time, a government which has now drifted so far off course,
it hardly resembles the constitutional Republic it was designed
to be (see also Declaration of Independence (1776)).
Thank you very much for your attention, and for your
consideration.
Respectfully submitted,
/s/ John E. Trumane
John E. Trumane, Sui Juris
California Citizen, on behalf of the
People of the united States of America
All Rights Reserved AT LAW
NOTICE TO PRINCIPALS IS NOTICE TO AGENTS.
NOTICE TO AGENTS IS NOTICE TO PRINCIPALS.
Notice and Demand to Cease and Desist:
Page 4 of 6
copies: Marin County Grand Jury, San Rafael
Bill Clinton, President
Pete Wilson, Governor of California
Barbara Boxer, U.S. Senator
Dianne Feinstein, U.S. Senator
Lynn Woolsey, U.S. Representative
Janet Reno, Attorney General
Drew S. Days, III, Solicitor General
William K. Suter, Supreme Court Clerk
Frank D. Wagner, Reporter of Decisions
Alfred Wong, Marshal
Shelley L. Dowling, Librarian
attachment: letter to California State Lands Commission
enclosures:
(under separate cover to Librarian supra):
The Federal Zone, hard-copy second edition
The Federal Zone, electronic fourth edition
Chapter 11, from upcoming fifth edition
California All-Purpose Acknowledgement
CALIFORNIA STATE/REPUBLIC )
)
COUNTY OF MARIN )
On this twenty-ninth (29th) day of December, 1993, Anno
Domini, before me personally appeared John E. Trumane, personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the Person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in
His authorized capacity, and that by His signature on this
instrument the Person, or the entity upon behalf of which the
Person acted, executed the instrument. Purpose of Notary Public
is for identification only, and not for entrance into any foreign
jurisdiction.
WITNESS my hand and official seal.
/s/ Notaria Publicia Magnificante
_____________________________________
Notary Public
Notice and Demand to Cease and Desist:
Page 5 of 6
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
twenty-ninth (29th) day of December, 1993, in a sealed envelope
with postage prepaid, properly addressed to them as follows:
Registered U.S. Mail #R 756 488 761
Return Receipt Requested of:
Hon. William H. Rehnquist, Chief Justice
Supreme Court of the United States
One First Street, Northeast
Washington, District of Columbia
Copies via first class U.S. mail to:
Hon. Harry A. Blackmun, Associate Justice
Hon. John Paul Stevens, Associate Justice
Hon. Sandra Day O'Connor, Associate Justice
Hon. Antonin Scalia, Associate Justice
Hon. Anthony M. Kennedy, Associate Justice
Hon. David H. Souter, Associate Justice
Hon. Clarence Thomas, Associate Justice
Hon. Ruth Bader Ginsburg, Associate Justice
Supreme Court of the United States
One First Street, Northeast
Washington, District of Columbia
Dated: December 29, 1993
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by Special Appearance, in
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable Rights.
Notice and Demand to Cease and Desist:
Page 6 of 6
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John E. Trumane