Time: Mon Sep 01 20:39:29 1997
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	Mon, 1 Sep 1997 14:41:42 -0700 (MST)
Date: Mon, 01 Sep 1997 14:41:43 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: miscellaneous cites




Marbury v. Madison, 5 US 137
The Constitution for these united States is the Supreme Law of the Land. 
Any law that is repugnant to the
Constitution is null and void of law and effect from its inception.  1.
Do you have a right?  2. If you have a
right and it is violated, do the laws of the country afford a remedy?  3.
If you have a remedy at law is it a
mandamus issuing from this court?  The opinion of the court on all three
questions was yes, yes, yes.

Murdock v. Pennsylvania, 319 US 105
No state shall convert a liberty into a privilege, license it, and attach
a fee to it.
"A state may not impose a charge for the enjoyment of a right granted by
Federal constitution. at 113, (1943).

Shuttlesworth v. Birmingham, 373 US 262
If a state converts a liberty into a privilege the citizen can engage in
the right with impunity.

Miranda v. Arizona, 384 US 436
"Where rights secured by the Constitution are involved, there can be NO
rule making or legislation which
would abrogate them."

Norton v. Shelby County, 118 US 425
"Any unconstitutional act is not law, it confers no rights, it imposes no
duties, it affords no protection, it
creates no office, it is an illegal contemplation, as inoperative as
though it had never been passed."

Byars v. US, 273 US 28
Unlawful search and seizure.  Rights must be interpreted in favor of the
citizen.

Boyd v. US, 116 US 616
5th Amendment rights.   "...constitutional provisions for the security of
person and property should be 
liberally construed...  It is the duty of the courts to be watchful for
the constitutional rights of citizens, 
and against any stealthy encroachment thereon."
	
US v. Bishop, 412 US 346
Relying on prior decisions of the Supreme Court is a perfect defense
against willfulness.

Owens v. City of Independence, 445 US 621, 100 S. Ct. 1398
Maine v. Thiboutot, 448 US 1, 100 S. Ct. 2502
Hafer v. Melo, 502 US 21
Officers of the Court have no immunity, when violating a constitutional
right, from liability, for they are
deemed to know the law.

Shapiro v. Thompson, 398 US 618, 89 S. Ct. 1322
A citizens must be free to travel throughout the United States
uninhibited by statutes, rules or regulation.

Baily v. Alabama, 219 US 219
You have a right to own and contract your labor as you see fit.

Clearfield Trust Company v. United States,318 US 363
Bank of United States v. Planters Bank, 9 Wheaton (22 US) 904, 6 L. Ed.
24
"Governments descend to the level of a mere private corporation and takes
on the character of a mere
private citizen [where private corporate commercial paper {Federal
Reserve Notes} are concerned]....  For
purposes of suit, such corporations and individuals are regarded as an
entity entirely separate from
government."(Emphasis added)

Memphis Bank & Trust v. Garner, 459 US 392, 103 S. Ct. 692
Addresses the untaxability of obligations of the United States by or
under State authority, (31 USC 3124,
formerly 742) and provides that if any taxing requiring that either the
obligation or the interest thereon, or
both, be considered, directly or indirectly, in the computation of the
tax it cannot be taxed by or under
State authority.

U.S. v. Tweel, 550 F. 2d 297 (1977)
"Silence can only be equated with fraud where there is a legal or moral
duty to speak or
where an inquiry left unanswered is intentionally misleading".

Carmine v. Bower, 64 A. 932
"Silence is a species of conduct, and constitutes an implied
representation of the existence of facts in
question, and the estoppel by misrepresentation.When silence is of such a
character and under such
circumstances that it would become a fraud on the other party to permit
the silent party to deny what his
silence has induced the other party to believe and act upon, it will
operate as an estoppel.  

U.S. v. Minker, 350 US 179, at page 187
"Because of what appears to be a lawful command on the surface, many
citizens, because 
of their respect for what only appears to be a law, are cunningly coerced
into waiving their 
rights, due to ignorance." (Paraphrased)

The original 13th Amendment of our National Constitutional, which stated:
"If any citizen of the United States shall accept, claim, receive or
retain any title of nobility or honor, or shall, without the consent of
Congress, accept and retain any present, pension office or emolument of
any kind whatever, from any emperor, king, prince or foreign power, such
person shall cease to be a citizen of the United States, and shall be
incapable of holding any office of trust or profit under them, or either
of them."
	Laws for the Organization of the Territory of Michigan condensed,
arraigned and passed by the fifth legislative council, (1833) Source -
Michigan State Library

Boyd v U.S., 116 US 635.	"...constitutional provisions for the
security of person and property should be liberally construed ... It is
the duty of the courts to be watchful for the constitutional rights of
citizens, and against any stealthy encroachment thereon."  

Hodges v. U.S., 203 US 1 (1942). "The right to the enjoyment of life and
liberty
and the right to acquire and possess property are fundamental rights of
the citizens of the several states and are not dependent upon the
Constitution of the United States or the federal government for their
existence." 

Bennett v. Boggs, 1 Baldw. 60 (1830).  "Statutes that violate the plain
and
obvious principles of common right and common reason are null and void." 

Hurtado v. Calif., 110 US 515 (1984)
"It is not every act, legislative in form, that is law. Law is something
more than mere will exerted as an act of power...Arbitrary power,
enforcing its edicts to the injury of the person and property of its
subjects is not law." 

Butcher's Union Co. v. Crescent City Co., 111 US 746 (1883)."
Our rights cannot, by acts of Congress, be bartered away, given away or
taken away." 

U.S. v. Morris. 125 F 322, 325.  "Every citizen and freeman is endowed
with
certain rights and privileges to enjoy which no written law or statute is
required. These are the fundamental or natural rights, recognized among
all free people." 

Butler v. Collins, 12 Calif., 157. 463."Consent in law is more than mere
formal
act of the mind. It is an act unclouded by fraud, duress, or sometimes
even mistake." 

Fuentes v. Shevin, 107 US 67 (1983).
"A waiver of constitutional rights in any context must, at the very
least, be clear; contractual language relied upon must on its face amount
to a waiver." 

Regina v. Day, 9 Car. & P. 722.
"Every consent involves a submission, but it by no means follows that a
mere submission involves consent." 

Thompson v. Smith 154 SE 579.
"The right of the Citizen to travel upon the public highways and to
transport his property thereon, either by a carriage or automobile, is
not a mere privilege which a City may prohibit or permit at will, but a
common right which he has under the right to Life, Liberty and the
Pursuit of happiness." 

Kent v. Dulles 357 U.S. 116, 125.
"The right to travel is part of the Liberty of which the Citizen cannot
be deprived without due process of law under the Fifth Amendment." 

Mugler v. Kansas 123 U.S. 623, 659-60.  
"Our system of government, based upon the individuality and intelligence
of the Citizen, the state does not claim to control him, except as his
conduct to others, leaving him the sole judge as to all that only affects
himself." 

(see Christy v. Elliot, 216 Ill. 31, 74 NE 1035; Cal v. Farley, 98 Cal.
09,
20 CA 3d 1032; Mich. v. Duke, 266 US 576, 69, 449.) 
State police power extends only to immediate threats to public safety,
health, and welfare. 

California Bank v. San Francisco, 142 Cal. 276, 75 Pac. 832, 100 A.S.R.
130, 64 L.R.A. 918.  "A state may impose an excise upon the franchise of
corporations engaging in a business which every private Citizen has a
right to engage in freely. The privilege taxed is the right to engage in
such business with the special advantages which are incident to corporate
existence. 

"No agreement with a foreign nation and no treaty is free from the
restraints
of the Constitution. "  Reid v Covert, 354 U.S. 1 (1957)

84 C.J. S. 355, Mass. - Hough v. North Adams 82 N.E. 46, 196 Mass. 290
"A failure substantially to comply with the statutory requirements as to
the mode and manner or making the levy invalidates the tax: and there
must be strict compliance with mandatory procedures... No tax can be
sustained as valid unless it is levied in accordance to the letter of the
statute. "  

========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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