Time: Thu Jul 17 18:50:05 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id SAA15526 for [address in tool bar]; Thu, 17 Jul 1997 18:45:15 -0700 (MST) by usr07.primenet.com (8.8.5/8.8.5) with SMTP id SAA02685; Thu, 17 Jul 1997 18:43:50 -0700 (MST) Date: Thu, 17 Jul 1997 18:43:25 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Further Perspective, Civil and Common (fwd) <snip> > >*Jus Dare* >Further Perspective, Civil and Common > >A further perspective on Common and Civil Law, from Marcius Willson's >1838 _Treatise on Civil Polity_. > >Mr. Willson wrote "[ Common Law] consists of those customs and rules >to which time and usage have given the sanction of law. Of such, it is >plain, must be the great body of the laws of every people; for the >rules of business and the usages of society are so variable and >complicated as to be incapable of being governed wholly by statute >law." No dispute with Mr. Sargeant. In fact, there may be no dispute >at all between the two *very* old men. > >"The underlying form of all law is Fundamental Law. No law may violate >the principles of the fundamental law... [Both subsequent statute laws >and common law] must be consistent with the Constitution; for the >Constitution being the *fundamental* law, created by the people >themselves, all other laws are inferior to it." - (emphasis in >original.) > >Whether legislation through common law oozing from maladministration >and perversion of justice in the Spider Court, or the bastardizing of >statute law in the legislature, law is not valid if it conflicts with >the positive or negative principles of the Constitution, or with the >Almighty. > >"Statute Law is superior in force to common law... The statutes of the >State Legislature, sometimes, although seldom, alter the common law. >Their object is chiefly to define and establish the principles of >common law, -- to provide for the protection of rights and the redress >of wrongs, and to establish and regulate the various departments of >State governments." > >Before we give short shrift to statute law, remember that our >Constitution was a statute law conceived and introduced to embody the >whole framework of *fundamental* law. The perversions that the >founders recognized would almost immediately begin to encroach on our >society were addressed by the Constitution, and are our only hope of >non-violent defense against the usurpation and violation building in >the case (common) law of the Spider Court. The Constitution is >inferior only to Divine Law, and the framers were conscious of that, >and the delegates were vitally aware of that, when they composed and >ratified the Constitution as the SUPREME LAW (fundamental law) of the >land. > >Yes, that says the common law of the Spider Court in the above >paragraph. Our highest Constitutional court has developed and >implemented its own twisted principles into its decisions. It took a >long time to condition the people to accept the "new boss," but the >governments of the United States now operate through the 221 year >historical case law development of that court. (Case in point: *stare >decisis* (standing decisions) is the concept of using and upholding >prior case decisions in reaching similar decisions. It is a common law >principle, adopted from the English common law by most of the States. >The Spider Court has an obligation to "standing Constitution" >decisions. While it should always be hoped that prior decisions >conform to the Constitution, and may give direction to the court's >reflections, it is not proper conduct for that body to use last week's >homework to solve this week's assignments.) > >"The importance of a knowledge of the principles of the Constitution, >not only to every one who aspires to the character of a gentleman and >a scholar, but to every citizen of the Republic, however humble his >station, is at once evident, from the very system of the government >under which we live -- a government in which the people are the rulers >... The Constitution of the United States is the plan of the first >civil government ever established upon the genuine basis of freedom." > > >It is therefore not too truly remarkable that it is also virtually >alone in its final days. The grand argument that "for all its faults, >America is *still* the greatest nation on the Earth" should be >regarded from the perspective that it is *still* the only civil >government ever established upon the genuine basis of freedom. > >And for all the Beltway bull, it still in our hands to change it. > >If "grand experiment" has failed, it is only from lack of interest. >Willson's 160 year old treatise, written 50 years into our grand >experiment, says, "The government of the United States is founded upon >the consent of the people. The Constitution asserts that it was formed >by 'the people,' and the ratification of all the States commence with >'we the delegates of the people' -- hence, the foundation of our >government is the consent of the people... The government of the >United States is a Republic, because the people hold sovereign power, >and both the legislative and executive branches of the government are >chosen by the people." > >This is not such a wandering article, because we are back to common >law once again. Do we believe in principles common enough among >ourselves to do anything about it? > >Dave Delany > > Reprinted from the real thing. > Copyrighted material. You may forward or print this article, > intact and with the author's name, if credit is given to: > > Dave Delany's Freedom House > PO Box 212 > Conklin NY 13748 > >Subscribe today! The printed version of Dave Delany's Freedom House >contains the very best in headlines, editorials, and literature from >the greatest of America's Free Thinkers -- past, present, and future. > $20 per year (10 issues) through August 15! > >---------------------------------------------------------------------- > *JUS DARE* > c/o Dave Delany's Freedom House > PO Box 212 Conklin NY 13748 > ======== > Sponsored by Mike Goldman and By.Net (http://Names.By.Net) > ======== > Perversion of the U.S. Supreme Court > *Jus Dare* means "to give or to make the law." > > To subscribe or unsubscribe to *Jus Dare*, send a message to > jus-dare-request@freedom.by.net > In the BODY, put the text "ADD" or "DELETE" respectively. > > ======================================================================== Paul Andrew Mitchell : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU website: http://www.supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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