I received an interesting email from someone in South Carolina (S.C.) that brought up the following issues with the judge’s bench book as used in their courts. Here is what he asked about:
I read your piece about city ordinances.
This is from the SC Summary Court Judge’s Benchbook:
“The uniform traffic ticket, established under the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of magistrate’s court and municipal court.” (S.C. Code Ann. § 56-7-15). The uniform traffic ticket may also be used by law enforcement to cite individuals for violations of county or municipal ordinance violations. (1990 Op. Atty. Gen. No. 90- 48). County and municipal uniform ordinance summons were established under the provisions of S.C. Code Ann. § 56-7-80, which provides as follows: (A) Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons as provided herein for the enforcement of county and municipal ordinances. Upon adoption of the ordinance summons, any county or municipal law enforcement officer or code enforcement officer is authorized to use an ordinance summons. Any county or municipality adopting the ordinance summons is responsible for the printing, distributing, monitoring, and auditing of the ordinance summons to be used by that entity. (B) The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulates the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons.”
(B) is especially interesting to me, since if an officer is detaining you for any reason, that is a custodial arrest. Isn’t it?
Thanks for your time and efforts.
This was my initial reply back to him:
Is there something that you wish for me to see here that would lead me to think that S.C. is somehow different in the area of ordinances? I’m just trying to figure out what it is you wanted me to see in it that would make me think otherwise?
His reply was:
So what you’re saying, and I’m just asking, is that this piece from the judge’s benchbook is bullshit? That it doesn’t matter what it says?
Trying to get clear on this. That’s all.
And this is my response by which I hope to make things more clear to him, and to all of you, that might run into something similar in your own state.
No, it reads precisely as it SHOULD when being used for “persons” involved in a relationship with the corporate entity that created the policy in question, and to which such comments can lawfully claim that ordinances apply.
Did you compare your legislative article of the South Carolina Constitution with the claims made in that statute? Because I did, and the constitutional sections read exactly as I expected them to read, that ONLY the legislature of S.C. has law-making power.
Now, if some OTHER provision of that constitution delegates such power to municipalities and counties, then WHERE and for WHAT PURPOSE does it do that? Because, if it DOES do that, then the following isn’t going to hold true, but if it DOESN’T, then the following facts are irrefutable.
The legislature CANNOT redelegate a delegated power, and you will find TONS of case law on that subject saying exactly that. So, it doesn’t matter if the state legislature attempted to enact legislation to make it APPEAR that these ordinances are ‘public law,’ as long as you and others know to challenge the assertion by pointing out WHY they CANNOT actually BE ‘public law’ under the S.C. state constitution.
So, since that means that ordinances CANNOT be treated as actual ‘PUBLIC LAW’ without first being in direct violation of the state constitution and the powers delegated therein, what then are they?
The short answer is that they are MUNICIPAL/COUNTY CORPORATE POLICY, and corporate policy is binding ONLY upon the following:
… … … 1) the corporate entity itself that created the policy,
… … … 2) those that are directly employed by the corporate entity, or
… … … 3) those that are employed as contractors with that corporate entity, or
… … … 4) those that knowingly and willfully CONSENT to being bound by the entity’s policies.
If the municipality/county CANNOT constitutionally create binding ‘public law,’ then how else would ordinances have any lawful authority over or application to members of the public and NOT be in direct violation of the state constitution if it is not through voluntary consent?
If you will search for it on your legislative web site, I am more than certain that a search for statutes that contain a STATUTORY definition of the term “law” will produce several hits.
On the Texas legislative web site for example, you would first click on the “SEARCH” menu at the top, leave the “What Code” section blank, and in the search field type (WITH the double quotes but NOT the period) “law means.” Then, repeat this, but type in the search field “law includes.”
There will be at least one or two results from these two searches that include ordinances, school board policies, agency regulations, and numerous other NON-LEGISLATIVELY CREATED policies as part of the definition of ‘law’ as it relates to “this state.”
In Texas you will actually get 17, only about four of which contain a definition like this one:
30) “Law” means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute.
The problem there is, the legislature CANNOT do by subversive statutory decree what it is completely forbidden to do directly. Especially by using a mere definition of terminology to circumvent the constitutional limitation upon who can make binding public law.
Which means that, in court, we should be demanding to know the following:
“Judge, I have a right to proper notice of and to understand the nature and cause, do I not? So, are you stating that the charges against me relate to some alleged offense under an ACTUAL PUBLIC LAW specifically enacted by the S.C. Legislature, or, am I being charging with some alleged offense written only into some ordinance, regulation, rule, or policy that is considered to be ‘law’ only because it has been unconstitutionally defined as ‘law’ within some statutory definition of that term, but which ordinance, regulation, rule, or policy was NOT enacted by the legislature as is constitutionally required in order to actually BE binding public law?”
It really shouldn’t be a mind-blowing effort to reason out this is not only unconstitutional and illegal, because it IS fraud, but that any attempt to move forward as if the action is valid would itself be an act of official oppression, official misconduct, and outright treason and sedition as a subversion of the respective state constitution.
Therefore, the only logical and state constitutionally sound conclusion that one can make about ANY statute or ordinance that relies upon a definition of this sort, is that ANY statute using that definition CANNOT be directly applicable to the PUBLIC, but is applicable ONLY to those “persons” as I previously described and enumerated above.
Remember folks, we DIDN’T authorize ANY of this ordinance and private rule and regulation making bullshit by our public servants. Especially over us, our private property, or any other part of our private lives. It was USURPED (ILLEGALLY STOLEN/TAKEN), by the attorneys through ‘legal’ subterfuge and seditious and treasonous acts resulting from their takeover of EVERY department of government. Creating an unconstitutional aristocracy for themselves right here in America.
We the People collectively and individually have every RIGHT to fight back and say no, and to enforce that refusal with force of arms if need be. Both our state and federal constitutions reserved that right to the PEOPLE, not just the ‘states’ as they would have you believe, and THAT is precisely what the 2nd Amendment was put in place to ensure that we COULD do when and if it ever became necessary.
Well, that time is here, that time is now. The constitutions won’t defend themselves, and the crooks certainly aren’t going to start abiding by them now, as is evidenced by the daily violation of their principles and protections by those most subject to obeying them. They openly and unapologetically abuse us, steal from us, and openly murder us on the streets and in our homes. WHEN will it be enough to push you over the edge to where you are willing to get out of your damned armchair and stand with each other to demand, resist, and ensure through forceful resistance if needed, that this will NOT be allowed to go on or ever be put in place again? When did we Americans allow ourselves to become such moral and slothful cowards?