Which Constitution???

                            Jan. 1990


                        Richard McDonald

     The Federal  Constitution  can  only  be  applied  and  used
against the  Federal Government.  The Bill of Rights (Articles in
addition to  the original first 7 articles) were written strictly
as a  limitation  on  the  Federal  Government,  to  protect  the
Citizens of  the several States from the Federal Government.  The
Federal Constitution  does NOT  apply to  State  actions  against
State Citizens.

     The so-called  14th Amendment since 1969 has allowed limited
application of  the Federal  Constitution only to the extent that
Congress has  seen fit  to grant  as a  privilege, to  be applied
against State Governments, for the specific protection of the so-
called 14th  Amendment "citizens  of  the  United  States."  This
amendment is  only of admiralty or equity jurisdiction, and these
de facto citizens are not under the Common Law.  They do not have
unalienable rights,  only limited  statutory "civil rights", that
Congress has seen fit to grant them.

     The  individual   State  Constitutions,  all  of  which  are
harmonious in meaning with the Federal Constitution, were written
to protect  the Citizens  of the  several States (State Citizens)
from the  State governments, and all are based on the Common Law.
So in  order to invoke the Common Law in federal court, you, as a
State Citizen,  must use the State Constitution, backed up by the
Federal Constitution, use only Common Law writs.  (Do not use any
Federal Codes at all!)

     Since the  Federal Government  is not  within the Common Law
(not being  in any  State of  the Union),  the Federal Courts are
required to  follow the  Common Law  of the State where the State
Citizen is  domiciled, whenever  the State  Citizen is before the
Federal Court, invoking the State Constitution.

     Also, there are two (2) Federal Writs of Habeas Corpus:

     1.   The Common  Law writ under Article I, section 9, of the
Constitution for  the United  States of  America (1787), which is
available only to White Common Law State Citizens; and, (2) Under
the all  writs statute, which is for all others, and Congress has
allowed only  limited applications,  and which  can be denied for
any reason.

     There are  two (2)  Writs of  Habeas Corpus for the State of

     (1) Under  the Constitution, Article I, section 11, which is
for the  White Common  Law State  Citizens; and, (2) in the Penal
Code, Title  12, Chapter  12, section  1473, which was enacted 23
years after  the creation  of the  State of  California in  1872.
This is  for all  other "persons"  (i.e., 14th  Amendment federal
citizens) since they did not have access to the Common Law.

     So are  you a  White Common  Law Citizen  of the  State or a
federal citizen of the District of Columbia?  Use the rights laws
and you may win!!!

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Richard McDonald