Time: Sun Aug 03 10:48:24 1997
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Date: Sun, 03 Aug 1997 10:46:29 -0700
To: liberty-and-justice@pobox.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: L&J: SLS: Are we a country with a constitution or not? (fwd)
References: <3.0.32.19970802202951.00711b40@dmi.net>
The Downes Doctrine, which has evolved since
Downes v. Bidwell in 1901, works like this:
The Constitution of the United States, as such,
does not extend beyond the limits of the states
which are united by and under it. This doctrine
was extended in 1945, in the Hooven case, holding
that the guarantees of the Constitution extend
to the federal zone, only as Congress makes those
guarantees applicable, by statutes.
All federal citizens who inhabit the several states
are subject to the municipal (federal zone) jurisdiction
of Congress and, thus, they cannot invoke the Constitution
unless there is a statute which extends one or more of
its guarantees to them. They have no standing to do so,
under the Downes Doctrine.
I oppose the Downes Doctrine, but I believe this is a
fair summary of its essence.
Why do you think the 14th amendment repeats a separate
privileges and immunities clause? There was already
a perfectly good Privileges and Immunities Clause
at 4:2:1. Answer: 4:2:1 only applies to state Citizens
(i.e. Citizens of ONE OF the States United).
/s/ Paul Mitchell
http://www.supremelaw.com
At 10:24 AM 8/3/97 -0700, you wrote:
>On Sat, 2 Aug 1997, Liberty or Death wrote:
>
>> > Are we a country with a constitution or not? This proves we are not.
>> >emmilene
>>
>> Hi Emmilene -
>>
>> Actually, yes, we are a Constitutional Republic, and our Constitution
>> *is* the supreme law of the land. Period.
>
>Correct.
>
> And anything that they
>> pass that contradicts it (as in 95% of the laws they pass) is, in fact,
>> illegal.
>
>Correct.
>
>But look at the process used to decide on what is and is not constitutional.
>For example, Supreme Court judges play a big part do they not? Aren't
>their decisions usually split decisions? So the winners (for to-day
>anyway) get to decide what the Supreme Law of the Land is and the losers
>are in a position which is against the Supreme Law of the Land. If THE
>Constitution were as clear as 2+2=? I would not expect split decisions
>and that is why I say it is a "minimally structured projective device".
>But who is to say which faction doing the projecting is right?
> Being right then becomes our focus. Who said "Be sure you're right,
>then go ahead"? The majority may not be right. The crowd chose Barabas.
>Therefore I would ask those who are the experts in what is right, worldwide.
>The False Creek Sustainable Village (pop. 5,000; 80 acres) in the middle
>of Vancouver has now been given a unanimous green light by Vancouver City
>Council. If we can perfect this village we can easily envisage
>multiplying it by 20 to get a COMPLETE CULTURE. What will Culture X be like?
>"let your light shine before men so that they may see your good works and
>glorify your Father in heaven." (Red Letters). I look forward to the
>replies of a multitude of experts in what God's will translates into by
>virtue of THIS WORLD expressions in a COMPLETE CULTURE- a Culture of Light
>or Enlightened Culture.
> When Pope John Paul II used the words "Culture of Life" and "Culture
>of Death" he meant complete culture I am told from Catholicity-Talk.
>What would a Culture of Life be like "projected" onto the False Creek site?
>Would the projection of an "Islamic Renaissance" (title of President
>Izetbegovic's book) be any different from the Zionist projection? If so,
>how?
> The word "constitution" has to do with "fundamental nature". In this
>era it takes more than words to say what that is. Pictures and scale
>models will also tell us what a constitution is. For the False Creek
>Village and its extension to the Sustainable City, what is the best the
>human race can do?
>FWP.
>
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>
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
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