Sheila Terese, Wallen, Sui Juris c/o General Delivery Arivaca [zip code exempt] ARIZONA STATE In Propria Persona Under Protest, Necessity, and by Special Visitation Only UNITED STATES DISTRICT COURT JUDICIAL DISTRICT OF ARIZONA UNITED STATES OF AMERICA, ) Case No. 95-484-WDB ) Plaintiff, ) NOTICE OF MOTION AND ) MOTION TO STAY PROCEEDINGS v. ) FOR FAILING TO COMPLY WITH ) GRAND JURY SELECTION POLICY, Sheila Terese, Wallen, ) AND NOTICE OF CHALLENGE AND ) CHALLENGE TO Defendant. ) CONSTITUTIONALITY OF STATUTE ) 28 U.S.C. 297, 517, 518, ) 1861, 1865, and 1867(d),(e), ________________________________) F.R.Cr.P. Rule 6(b)(2) COMES NOW Sheila Terese, Wallen, Sui Juris, Citizen of Arizona state and Defendant in the above entitled matter (hereinafter "Defendant"), to Petition this honorable Court for a stay of the instant proceedings, pursuant to the provisions of 28 U.S.C. 1867(d), pending proper review of the Defendant's challenge to the constitutionality of 28 U.S.C. 1865, to wit: 1865. Qualifications for jury service (a) The chief judge of the district court, or such other district court judge as the plan may provide ... shall determine solely on the basis of information provided on the juror qualification form and other competent evidence whether a person is unqualified for, or exempt, or to be excused from jury service. ... (b) In making such determination the chief judge of the district court, or such other district court judge as the plan may provide, shall deem any person qualified to serve on grand and petit juries in the district court unless he -- (1) is not a citizen of the United States eighteen years old who has resided for a period of one year within the judicial district; .... [28 U.S.C. 1865, emphasis added] Motion to Stay Proceedings: Page 1 of 8 In stark contrast, it is the policy of the United States that all citizens shall have the opportunity to be considered for service on grand juries in the district courts of the United States. To be constitutional, and to be consistent with its legislative intent, the term "all citizens", as that term is used in 28 U.S.C. 1861, must be construed to include also Citizens of the freely associated compact states who are not also citizens of the United States (a/k/a "federal citizens"): 1861. Declaration of policy It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes. It is further the policy of the United States that all citizens shall have the opportunity to be considered for service on grand and petit juries in the district courts of the United States, and shall have an obligation to serve as jurors when summoned for that purpose. [28 U.S.C. 1861, emphasis added] Defendant hereby provides notice to all interested parties of Her sworn (verified) statement of law and facts which constitute a substantial failure to comply with the Constitution for the United States of America, as lawfully amended (hereinafter "U.S. Constitution"), and with the provisions of Title 28, United States Code, Section 1861: Declaration of Policy. See 28 U.S.C. 1867(d) and (e). The indicting Grand Jury consisted of members all of whom were citizens of the United States, not necessarily Citizens of Arizona state. See Dyett v. Turner and State v. Phillips infra; Right of Election; voter registration affidavits. Motion to Stay Proceedings: Page 2 of 8 By way of introduction to the crucial matters of fact and law which are discussed at length in Defendant's sworn (verified) statement, which is hereby incorporated by reference as if set forth fully herein, this honorable Court is hereby respectfully requested to take formal judicial notice of the additional standing authorities on this question: We have in our political system a Government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own .... Slaughter-House Cases [United States v. Cruikshank, 92 U.S. 542 (1875)] [emphasis added] A person who is a citizen of the United States** is necessarily a citizen of the particular state in which he resides. But a person may be a citizen of a particular state and not a citizen of the United States. To hold otherwise would be to deny to the state the highest exercise of its sovereignty, -- the right to declare who are its citizens. [State v. Fowler, 41 La. Ann. 380] [6 S. 602 (1889), emphasis added] There are, then, under our republican form of government, two classes of citizens, one of the United States and one of the state. One class of citizenship may exist in a person, without the other, as in the case of a resident of the District of Columbia; but both classes usually exist in the same person. [Gardina v. Board of Registrars, 160 Ala. 155] [48 S. 788, 791 (1909), emphasis added] There are over 100,000 elementary and secondary schools in the United States. ... Each of these now has an invisible federal zone extending 1,000 feet beyond the (often irregular) boundaries of the school property. [U.S. v. Lopez, 115 S.Ct. 1624 (1995)] Motion to Stay Proceedings: Page 3 of 8 As a Party to the instant case, the Defendant hereby challenges the indicting Grand Jury on the ground that such jury was not selected in conformity with section 1861 of Title 28, because Citizens of Arizona state who are not also citizens of the United States (a/k/a federal citizens) are disqualified from serving by virtue of their chosen Citizenship status. See 28 U.S.C. 1867(e); Right of Election; 15 Statutes at Large, Chapter 249 (Section 1), enacted July 27, 1868; jus soli; jus sanguinis. Specifically, the offensive statute forces the following unconstitutional result upon Citizens of Arizona state who choose not also to be citizens of the United States (a/k/a federal citizens): citizen of Citizen of Qualified United States Arizona state to serve Yes Yes Yes Yes No Yes No No No No Yes No ** This result ("**") violates the Tenth Amendment by disqualifying Citizens of Arizona state from serving on federal grand juries when they are not also federal citizens, thus denying to accused Citizens of Arizona state a grand jury of Their Peers when a grand jury consists only of federal citizens. An intentional discrimination against a class of persons, solely because of their class, by officers in charge of the selection and summoning of grand jurors in a criminal case, is a violation of the fundamental Rights of an accused. See Cassell v. Texas, 339 U.S. 282; Atkins v. Texas, 325 U.S. 398; Pierre v. Louisiana, 306 U.S. 354. Such a violation is not excused by the fact that the persons actually selected for jury service otherwise possess the necessary qualifications for jurors as prescribed by statute. See State v. Jones, 365 P.2d 460. Motion to Stay Proceedings: Page 4 of 8 Discrimination in the selection of a grand jury, as prohibited by the U.S. Constitution, means an intentional, systematic noninclusion because of class. There are two (2) classes of citizenship in America. E.g. Gardina supra. The statute 28 U.S.C. 1865(b)(1) specifically excludes those classes of Citizens who are not mentioned. Expressio unius est exclusio alterius. The following statute dramatically demonstrates that Congress appreciates the difference between the two classes, and knows how to discriminate between "white citizens" (read "state Citizens") and "citizens of the United States" (a/k/a federal citizens). The Act of Congress called the Civil Rights Act, 14 U.S. Statutes at Large, p. 27, which was the forerunner of the so-called 14th Amendment, amply shows the intent of Congress, as follows: ... [A]ll persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color ... shall have the same right, in every State and Territory in the United States ... to full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by white citizens. [emphasis added] Once a prima facie case for the existence of purposeful discrimination is made out, the burden shifts to the prosecution to prove otherwise. See Whitus v. Georgia, 385 U.S. 545. Reliance on the so-called Fourteenth Amendment to resolve this matter is moot, because the Fourteenth Amendment was never lawfully ratified, and because the authorities cited supra allow for the possibility that a Person can be a state Citizen without also being a federal citizen, whether or not the Fourteenth Amendment was lawfully ratified. See State v. Phillips, 540 P.2d 936, 941 (1975); Dyett v. Turner, 20 Utah 2d 403, 439 P.2d 266, 270 (1968); Full Faith and Credit Clause; 28 Tulane Law Review 22; 11 South Carolina Law Quarterly 484; House Congressional Record, June 13, 1967, p. 15641 et seq. Motion to Stay Proceedings: Page 5 of 8 As such, there is no constitutional provision which makes a federal citizen also a citizen of the Union state in which s/he resides, nor is there any constitutional provision which states that the validity of the public debt shall not be questioned. The judicial history of American citizenship is a subject which is rich in nuance and detail, as demonstrated in Defendant's sworn (verified) statement. For example, at a time when those Islands were in the federal zone, the Supreme Court of the Philippine Islands found that "citizenship," strictly speaking, is a term of municipal law and, according to that Court, it is municipal law which regulates the conditions on which citizenship is acquired: Citizenship, says Moore on International Law, strictly speaking, is a term of municipal law and denotes the possession within the particular state of full civil and political rights subject to special disqualifications, such as minority, sex, etc. The conditions on which citizenship are [sic] acquired are regulated by municipal law. There is no such thing as international citizenship nor international law (aside from that which might be contained in treaties) by which citizenship is acquired. [Roa v. Collector of Customs] [23 Philippine 315, 332 (1912)] Indeed, international law is divided roughly into two groups: (1) public international law and (2) private international law. Citizenship is a term of private international law (also known as municipal law) in which the terms "state", "nation" and "country" are all synonymous: Motion to Stay Proceedings: Page 6 of 8 Private international law assumes a more important aspect in the United States than elsewhere, for the reason that the several states, although united under the same sovereign authority and governed by the same laws for all national purposes embraced by the Federal Constitution, are otherwise, at least so far as private international law is concerned, in the same relation as foreign countries. The great majority of questions of private international law are therefore subject to the same rules when they arise between two states of the Union as when they arise between two foreign countries, and in the ensuing pages the words "state," "nation," and "country" are used synonymously and interchangeably, there being no intention to distinguish between the several states of the Union and foreign countries by the use of varying terminology. [16 Am Jur 2d, Conflict of Laws, Sec. 2] [emphasis added] Congress does refer to the Union states as "countries." See 28 U.S.C. 297. RELIEF SOUGHT Wherefore, Defendant petitions this honorable Court for an indefinite stay of the proceedings in the instant case, pending proper review of the substantial issues of law and fact which are alleged in this Motion and which are contained in Defendant's sworn (verified) statement which is attached hereto and incorporated by reference as if set forth fully herein. Executed on: _________________________ Respectfully submitted, /s/ Sheila Wallen Sheila Terese, Wallen, Sui Juris Citizen of Arizona state All Rights Reserved without Prejudice Motion to Stay Proceedings: Page 7 of 8 PROOF OF SERVICE I, Sheila Terese, Wallen, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States," that I am at least 18 years of age, a Citizen of one of the United States of America, and that I personally served the following document(s): NOTICE OF MOTION AND MOTION TO STAY PROCEEDINGS FOR FAILING TO COMPLY WITH GRAND JURY SELECTION POLICY, AND NOTICE OF CHALLENGE AND CHALLENGE TO CONSTITUTIONALITY OF STATUTE: 28 U.S.C. 297, 517, 518, 1861, 1865, and 1867(d) by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following: Office of the United States Attorney 110 South Church Avenue, Suite 8310 Tucson [85701] ARIZONA STATE Attorney General Department of Justice 10th and Constitution, N.W. Washington DISTRICT OF COLUMBIA Solicitor General Department of Justice 10th and Constitution, N.W. Washington DISTRICT OF COLUMBIA Executed on: _____________________________ /s/ Sheila Wallen __________________________________________ Sheila Terese, Wallen, Sui Juris Citizen of Arizona state All Rights Reserved without Prejudice Motion to Stay Proceedings: Page 8 of 8 # # #
Return to Table of Contents for
U.S.A. v. Wallen