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


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U.S.A. v. Wallen