Time: Fri Oct 25 13:31:19 1996
Date: Fri, 25 Oct 1996 10:46:41 -0700
To: libertylaw@www.ultimate.org
From: Paul Andrew Mitchell [address in tool bar]
Subject: LLAW: Lincoln and Taney at odds

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<Internet noise snipped>
>>> Dan Meador explains this procedure extremely well and it goes something
>>>like this...
>
>>> As you know we are enemies of the State...this was declared so in 1933
>>>by  FDR and approved by the Congress in HR 1491 in special session.
>
>named "an act to provide relief in the existing national emergency in
>banking, and for other purposes.  passed March 9, 1933.
>
>> Objection.  I don't KNOW this.
>> The act is unconstitutional
>> for constituting treason, i.e.
>> warring upon the several States.
>> Unconstitutionality dates from
>> the enactment of the bill, not
>> from the date of the decision
>> so branding it.  So, I believe
>> you have started out on a
>> rebuttable premise.  But, please
>> do go on.  I do enjoy fiction,
>> on occasion, but real life is
>> so much more interesting, 
>> especially when it mimicks true
>> fiction (?).
>
>> /s/ Paul Mitchell
>
>Do you know who passed the very first presidential decree  executive order,
>Paul Mitchell?  A. Lincoln.  How could he have done this if the Legislature
>was a viable entity within the constitutional parameters under which it was
>created?  Answer:  He could not.  Now, tell me how he could if you disagree=
>
>

I don't disagree, if what you are saying
here is that Lincoln could not have done
what he did within the constitutional 
parameters under which the Congress
was created.

Yes, the constitutional parameters are
paramount, supreme in law and in fact,
because of the Supremacy Clause.

I have said this many many times before,
and I will say it again.  Here are two things
to consider:

1.  The original 13th Amendment, barring licensed
     bar members from public office, proves that every
     Congress after that was ultra vires.  The ratification
     of this amendment is res judicata.  The amendment
     went into law in 1819, the year Virginia put it over
     the top.  The implications of this amendment are
     vast, in my opinion.

2.  Chief Justice Taney told Lincoln, in the holding in
     Ex parte Merryman, I believe it was, that Lincoln
     could not prosecute the war under martial law.
     Lincoln went ahead anyway.  So, don't listen to me;
     I say this to people all the time.  Go read what
     the legitimate authorities have to say about it,
     like then Chief Justice of the Supreme Court
     of the United States.

The Supreme Court has since held that nobody
should be punished for relying upon their 
decisions, in U.S. v. Mason.  So, I rely upon
Taney, a brilliant man in a very difficult position,
I believe.  His decisions have withstood the test
of time.

Of course, Taney could very well have been a 
licensed bar member too.

See what I mean?

/s/ Paul Mitchell

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