The Lawful Use of “Includes” and “Including” Revisited…

“Includes” and “Including,”
They Don’t Work Like You May Think.

The use of “includes” and “including” in relation to many statutory definitions, like “motor vehicle” for example, is an important key to unlocking and understanding what a statute actually encompasses and applies to so you can then fully understand its overall meaning. You also need to remember that the use of these terms does not serve to in any way alter or remove the specific subject matter context within which every statute must be read in order to be properly interpreted, which is the biggest failing of every modern-day court in Texas and elsewhere. The courts simply don’t read the statutes within the legislative context specifically identified in the caption/title of the Bill responsible for the legislation that created it.

Surely by now you have figured out that something is off about this statutory shell game, and, hopefully, it is causing you to pause and ask yourself the question, “Does the state consider my private conveyance a ‘motor vehicle’, and if so, why?” Well, to be absolutely clear, the numerous minions of the state, based solely upon their own unsubstantiated opinions, legal conclusions, and legal presumptions, do consider your private conveyance to be exactly that, a “motor vehicle.” But, the fact is, the actual law and its related statutes do not support any of those opinions, presumptions, or conclusions as actually being true once you actually understand how to properly read them and the kind of incorrect logic and interpretations that attorneys and the courts utilize to keep this insight and understanding out of the hands and minds of the general public.

This is especially true if a statutory definition uses “includes” or “including” as its constructive formula. If it does, then truly understanding the following explanation of how these terms work is wholly necessary to interpreting the statute correctly and in accordance with the laws of “this state” pursuant Chapters 311 and 312 of the Texas Government Code. This also means understanding the United States Supreme court cases that have already ruled on the following as being the only proper use and method of statutory interpretation applicable to these two terms in relation to law. Thus, the following legal argument requires a proper understanding of how the courts, especially the United States Supreme Court, have declared the terms “includes” and “including” actually function in law.

“I See Incompetent People, but They’re too Incompetent to Know They’re Incompetent.”

So, when the legislature writes a statutory provision that states that the use of terms like “includes” and “including” are to be read as follows, ““Includes” and “including” are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded,” it is imperative that you understand how any type of “enlargement” (expansion) of the statute must be legally construed and applied by the courts so as to not constitute a rewrite of the law itself, or the Legislature’s intent by enacting it.

However, it is readily apparent that the majority of attorneys and judges that I have had the [dis]pleasure of interacting with have absolutely no clue about how to properly do this. They simply use these terms to unconstitutionally and unlawfully encompass anything and everything, anyone and everyone, ranging from a “commercial motor vehicle” to a “tricycle” or from a “driver/operator” to your three-year old riding their “tricycle/little red wagon.” They are completely, utterly, and uncompromisingly clueless about how these terms are required to be interpreted and used in order to maintain not only the original legislative intent, but how to also properly understand and apply the law or statute in question.

This is a completely unacceptable level of judicial and legal incompetence in my opinion. Our lives and property are being placed into the hands of individuals that are utterly incompetent and clueless about the very thing upon which their entire career rests, revolves and evolves, a comprehensive understanding of the proper operation of law in its entirety. Which means, they are required to know how to properly read it, interpret it, understand it, and apply it, and how to do each of these things in a manner that remains consistent with, and entirely within, its proper legislatively intended context. If they are incapable or unwilling to do those things properly, then they shouldn’t be allowed to remain as a sitting judge or a ‘licensed’ attorney. Period.

If you ever meet an attorney or judge that isn’t unfamiliar with or incorrectly using these terms, then they are either fresh out of law school or cost so much money per hour that you would need two mortgages on your home to even hire them for an hour to consult on your case, neither of which is a viable alternative for the vast majority of people that are in need of legal help. Demonstrably, every other attorney and judge you will encounter is simply flying along just below the systems “incompetence/malpractice” radar so they can steal the most money they can before their clients realize just how hard they’ve been screwed and left holding the bag in their own case because their attorney never filed a single legal pleading or did a damned thing to actually help them. If you truly wish to prove to the world that you are a gullible fool, then trust an attorney to do the right thing or act in your best interest before their own. If you don’t already know what I’m talking about from your own personal past experience, I would like to help you out by selling you this nice little toll bridge property I own that crosses over the San Francisco bay. I’m willing to let it go real cheap if that would help?

How Can a Statute be “Enlarged” by Adding Something not Written and Still Avoid Being Unconstitutionally Vague, Ambiguous, and Over-broad?

In relation to law, the term “enlargement,” when used in relation to “includes” and “including,” means that a statutory definition is not to be considered “fixed or limited” to only the exact things specifically listed. However, you must also understand that a statute that is non-specific runs afoul of the constitutional requirement that a law must be understandable by men of reasonable intelligence so as to properly understand what is being prohibited. Which means, the terms “includes” and “including” are able to be “enlarged” only in a certain way, and that way requires that the definition be read only as “enlarging” to encompass those things that are naturally within the same specific class of persons, things, or legal entities actually listed in the original “includes” or “including” declaration. This will remain true even when the definition contains the provision “includes, but is not limited to” as a part of its declaration.

What this basically means is that all of the items following “includes” or “including” must have an identifiable class relationship in order to be considered a viable addition to the “enlargement” intent and functionality of the statute. If there is any kind of oddball item listed in that same definition that does not appear to fit in with the classification represented by the majority of the other things listed, then that oddball thing must be subjected and limited to an interpretation that actually harmonizes it with all the other listed items following it after the “includes/including.”

An example of this of this kind of definition would be something like, “Person includes a natural person, corporation, association, limited liability corporation, or other legal entity,” or “Person includes an individual, corporation, association, limited liability corporation, or other legal entity.”  These definitions contain the terms “natural person” or “individual” preceding an entire list that “includes” or is “including” only “legal entities.” The terms “natural person” and “individual” are normally construed to be part of a completely different natural classification than all the other fictional entities specifically listed, right? But how can that be? In cases like this, the only acceptable interpretation is one that can logically harmonize everything listed into a singular classification without culminating in a “ridiculous result/outcome.” Otherwise, if this simply isn’t possible, then the rule of statutory construction relating to the proper use of “includes” and “including” has been violated, making the resulting interpretation legally unsound and inherently incorrect.

But how would one go about harmonizing such totally dissimilar terms into a single harmonious classification that is not ridiculous to conclude? Well, in this case, the one that makes the most logical sense is to try and harmonize the term(s) that are in the minority and whose normal classification is different than the other things listed (“natural person/individual”), into the classification associated with the majority of the things listed (“legal entities”). So, ask yourself, how would a “natural person/individual” be capable of fitting into the same classification as a “legal entity,” so that the rules of statutory construction relating to the use of the terms “includes” and “including” in law are not violated? That is actually easier than you might think.

You first have to understand that “legal entities” have no physical existence, they are entirely fictional and incapable of acting of their own volition, and therefore, can act only through one or more “natural persons/individuals” acting as its agent(s). This is the only form in which such an agent can exist and function for the benefit the legal entity. Isn’t every officer, agent, employee, or trustee of a “legal entity” actually a “natural person/individual?” Can they be anything else? Can one “legal entity” act as the agent for another “legal entity” sua sponte without a “natural person/individual” making the decisions and then acting on its behalf as well? Of course not, as that would be a “ridiculous result.”

C’mon Alice, don’t you get it now? Follow the white rabbit, step through the looking glass, get your head out of your ass and pay attention, or whatever other metaphor best serves to wake you up and provide you with the understanding that the terms “natural person/individual” do not and cannot be lawfully construed in a manner that allows a statutory definition’s interpretation to add We the People to the same legal classification as that of a “legal entity” when we are acting privately on our own behalf. We must actually be acting as an authorized officer, agent, employee, or trustee of one or more of the specific types of legal entities specifically listed in the definition that we are alleged/alleging to represent. This is almost never the case when it comes to the statutory interpretations and applications that We the People are being unlawfully subjected to on a daily basis.

The Devil is [Always] in the Details.

This ability to create and require a specialized interpretation of a law or statute is precisely what makes “includes” and “including” “legal terms of art.” It is the knowing and willful misuse and abuse of the rules of statutory interpretation and application for these legal terms of art that have been and are being used to deceive people into thinking that something “included” means one thing, yet the courts ignore the rules so as to interpret the same term of art in a myriad of ways to get their own desired outcome in some particular case at hand, if you leave them the means to do so.

When used in law, “includes” limits the items listed to a readily identifiable natural relationship. This is done via what you could call a “relational class” that is naturally relative to all of the things that are listed, but that also allows for “enlargement” by allowing other things that fall within that same natural relational class to be considered as inclusive with the other listed items, even though they are not made specifically a part of the list by actual name.

For instance:

“The term “Fruit” includes oranges, limes, and lemons.”

In THIS configuration, the term “includes” is capable of “enlargement” because ALL of the things listed have a natural class relationship, that of being members of the family of citrus “fruit.” Therefore, “fruit” as defined here, can be EXPANDED to encompass other citrus fruits like “grapefruits” and “kumquats”, but cannot ‘include’ “apples” or “bananas,” because they don’t share the citrus fruit class relationship.

“The term “Fruit” includes apples, pears, oranges, limes, and lemons.”

In THIS configuration, the term “includes” is NOT reasonably capable of “enlargement” because ALL of the things listed DO NOT share an identifiable natural class relationship between them which would allow anything else that is not listed to be matched to ALL of them, nor is there any logically reasonable way to formulate a class relationship that would allow this definition to be expanded beyond those specific types of fruit expressly listed. Thus, the list is LIMITED to ONLY those things that are expressly listed. By explanation of this point, not only are these items NOT all citrus fruits, they cannot even all be classified as “fruits that must be peeled before eating.” or as “fruits with an edible skin,” i.e. no other natural relationship exists between them.

I can hear you thinking, “this point seems to run counterintuitive to the previous discussion on creating an interpretative relationship between “natural person/individual” and a list of only legal entities,” but, that analytical comparison would be flawed, as you have to remember that this is only because of the “ridiculous result” prohibition. Trying to logically construe these various fruits into a unified class that would allow the definition to expand to encompass other things would produce a ridiculous result (example: you decide the common class relationship should be “things you use to make smoothies,” which would not be a naturally occurring and reasonable classification of any one or more of the kinds of fruit listed, right?). After all, using the smoothie example, you could, conceivably, decide to throw some actual vegetables into that smoothie mix as well, right? Vegetables are not naturally associated or recognized as a class of “fruit,” right? So, that example would produce a “ridiculous result,” right? But, we were able to reach a natural conclusive outcome between “natural person/individual” when these terms are being listed alongside only legal entities in a manner that did not culminate in a “ridiculous result,” right?  See, this is not something that is so difficult or contradicting after all.

Distinctions Without a Difference.

“Including” would work the same way as “includes” wherever it is used.

Now, be aware of the fact that the use of “includes” in this example would be considered an “enlargement,” because everything listed SHARES a natural trait in common. However, this “enlargement” presumes that the existing list is NOT already exhaustive of the things it lists. Which means that, in order to BE capable of “enlargement,” there MUST be something of the same natural relational class that is NOT specifically listed but IS applicable simply because it has the same naturally occurring class relationship.

Therefore, if the list IS exhaustive, meaning there is nothing that is not listed that could reasonably be construed to match the existing classification of the other items, THEN the list is actually incapable of “enlargement” and is, therefore, LIMITED by default to only those things expressly listed, even though all the statutory language necessary for authorizing the list to be “enlarged” actually exists.

An example of this would be something like:

“The term ‘Fruit’ includes red apples.”

Now, under this configuration, the definition of “Fruit” cannot be said to “include” any other color variations associated with apples, as it specifically limited what was to be “included” into the definition of “fruit” by two specific criteria for the class. The thing to be “included” must be an “apple,” and the only acceptable color allowing the “apple” to be considered as “fruit” is “red.” Therefore, by default, this definition specifically excludes by omission all green, orange, yellow, or other color variations normally associated with apples, even though they otherwise share 100% of all the other natural class qualities of apples that would otherwise make them appear to be reasonably “included” in this list. So, even though this definition used the term “includes,” which is to be considered a term of enlargement, not limitation, the list is not actually capable of being “enlarged” to encompass anything that does not meet the two specific criteria contained in the definition.

I would also add that when the legislature intends the definition to be non-expansive they will write, “The term ‘fruit’ means…” or “means and includes,” which then limits the definition to only those things expressly stated in the definition (full credit to my friend and media colleague Dave Champion, author of “Income Tax: Shattering the Myths,” for this clarification).

You must be aware of how these two terms work or you will never actually understand what a law or statute truly means and how it is lawfully and legally allowed to be interpreted and applied, which means that you will almost certainly lose your case, then possibly your money, your house, or your freedom.

The Tao of Law 2.0 – The Texas Courts Survival Guide

Texas How to… the “Docket Call”

This Chapter of the new traffic seminar book goes into the detailed “how to…” of handling the fictitious “docket call” proceeding that the lower courts have concocted and use to waste your valuable personal time, lose time from work, and basically cost you more in time and money in an effort to make you fold rather than fight when you receive a “uniform traffic citation.”

This information is accurate and up-to-date at the time of this writing, so you can rely on it for at least the next two years. However, be aware that legislative actions can be implemented at designated times throughout the time between legislative sessions, so it is always best to verify any statutory references with what is currently in publication in your state.

Here in Texas you can find the current versions of all state statutes on the Texas Legislature’s web site located here.

Your comments and feedback are welcome and  appreciated.

 

Statists Gonna’ State, and Almost Always Incorrectly.

What happens when an alleged “investigative journalist” only ‘investigates’ the alleged facts and history of their news and articles from the very sources that taught them to think only from the inside of society’s socialized and collectivist brainwashing box?

In an article written by Barton Deiters (“Deiters”) titled “Law Talk: Who says driving is a privilege and not a right?,” which you can read in its sullied entirety here, we can see some commentary by a former prosecutor turned criminal defense attorney that should be of considerable concern to every American. Why? Because it really shows you just how totally backwards the mindset is of a good many attorney’s, and, therefore, many judges, regarding the People’s unalienable rights.

Understand that I say “many,” because I cannot recall ever having a conversation with any attorney or judge that really sees our individual rights as anything other than “negotiable privileges.” But, I also can’t say that I’ve talked to all or most of them in existence. Still, the chances that the aforementioned mindset is not the “gold standard” across the majority of both attorneys and judges is minuscule at best.

According to Dieters, one Gerald Lykins (“Asshole”), the aforementioned Asshole, is quoted as saying the following:

bio-lykins.jpgGerald Lykins, a criminal defense attorney who once served as an assistant prosecutor in Kent County, says “rights” are regulated by the U.S. or Michigan Constitutions and must be explicitly listed – such as freedom of religion or the right against self-incrimination.”

Now, I don’t know about the rest of you, but I take considerable issue, several in fact, with any attorney that actually believes and says that, ““rights” are Dos Equis - Numero Dos 00000regulated by the U.S. or Michigan [or other state] Constitutions and must be explicitly listed – such as freedom of religion or the right against self-incrimination.”

Any normal person reading this comment would think this Asshole is actually claiming that this is how the People’s individual rights are actually formulated and are to be recognized.  If so, then I must also assume that he believes that government has always existed in the universe, is actually responsible for the creation of light, water, the firmament, the People themselves, and operates completely autonomously outside of the People’s consent and control.

Now, this is a rather big issue to me personally, as this Asshole, and most like him, appears to actually believe that the Bill of Rights contained in the various state and federal constitutions are the original and only source of our individual rights, and that’s just as scary a thought all by itself as it is just plain-ass wrong.

However, that particular misinformed and idiotically myopic  perspective is not why I chose to write this today. Rather, I chose to do so because of the specific subject matter of the aforementioned  so-called ‘investigative journalist’s’ article. Which essentially boils downDos Equis - Numero Dos 000000 to that of two issues, whether or not it is ‘legal’ to “drive” in any state of the union without acquiring a “driver’s license” and various other accouterments associated therewith, or, whether or not the People individually have the right to tell the mis-educated traffic cop to go to hell and learn to do his job correctly. The truly correct answer relies very heavily on legal semantics vs. actual common sense when coupled with verifiable world history, custom, and practice, even since before time immemorial.

Without lending any credence whatsoever to the theory of evolution, and just for the sake of example, we will start with the apes. Before the arrival of man, we must presume that apes could and did travel all over the land mass of whatever continent upon which they lived as it pleased them and their needs and desires moved them to do. They were free to come and go as they chose to wherever they desired, and by whatever means each of the individual apes might choose to travel there, whether by groups that moved in slow meandering foot steps, lengthy marches, or ‘flying’ through the tree tops from tree to tree where such mode of movement was available. And I am fairly certain that it never once occurred to any one or more of them anywhere to require that all apes should get a license for permission to use the trees or forest floor before they could do so.

Fast forward to the ‘cave-man.’ Now, he (and she) was migratory out of necessity, as they had to follow the food, because there wasn’t any farming in those days (Monsanto hadn’t yet arrived to provide BC-Riding-Highcommercial GMO seed vendors to sell them any seeds or gardening tools). Nor were there any supermarkets with frozen mammoth steaks and sabre-tooth tenderloins located just down at the corner of the local watering hole and mammoth graveyard.

It is also more than likely that the most prevalent form of locomotion available was once again by foot. But, that does not rule out the possibility that they may have learned at some point how to tame and ride animals of some sort. However, even though that would have constituted the birth of an entirely new level of technology and method of travel, I’m still pretty certain that no one thought they needed a license to engage in either the capture, training, outfitting, or riding of anything they might have decided to try and use for locomotive purposes. Not even if it was something they figured out how to build and mass-produce for themselves or each other and the contraption resembled the B.C. Comics “wheel-n-stick cycle” or Fred Flintstones “car.”

Fast forward once again to the time of ancient Rome, where men have mastered the use of donkeys, mules, horses, carts, wagons, fancy golden litters, and chariots of all kinds for personal locomotion and use upon the land….Roman Centurion Stopping Chariot 002

… and yet, I simply cannot for the life of me seriously picture a Roman Centurion standing with his foot on the wheel of someone’s wagon or chariot like a city beat cop while he writes them a uniform traffic citation for “no license” and “no registration” on a scroll of papyrus.

Now we get to the late 19th Century. Better known as the latter part of “the old west.” We arrive at a time when both the “motorcar” and the “motorcycle” have just come onto the scene here in America. Most folks couldn’t afford them, and didn’t understand why they would even want one if they already had a good horse. After all, it’s not like there was a Texaco or Shell station selling gasoline in every town or on every third street corner back then. But, more importantly, not even this new technological advancement that allowed one to move so much more freely and faster about the entire land mass of the continent required any form of government approval, license, or permission to purchase, own, and make use of upon any road, open prairie, or wilderness area anywhere.

So, if the People already had the fundamental right to sell, purchase, and/or use this new level of technology, how could the government suddenly put so many burdens on the exercise of those very same rights by we the People in modern America? Because the normal red herring response, “there are more cars now and more people have and use them,” is not only totally stupid, it is also without merit of any kind when you consider that the very same assertion is as equally true in relation to guns, and we haven’t let them totally take away the right to keep and bear arms have we?

Therefore, the short answer is, they couldn’t take away or diminish those rights by converting them into privileges, and they actually didn’t. It only appears that way because of the introduction, nay, more like lethal injection, of what has become a never-ending sea of legal semantics into the mainstream of our daily lives. It is being used to perpetrate and perpetuate a profoundly pervasive pollution of the People’s preferred prosaic English parlance while being profusely forced down our throats or shoved up our asses in prolific proportions rivaling that of the Biblical flood. (See what I mean?).

MEME - My Rights Are Not Subject to Technological Advances 1920x1080

Question: If the government couldn’t lawfully destroy the 2nd Amendment protected right to keep and bear arms by simply using the advancement of time, technology, and proliferation as an excuse, then how could they use that same reasoning as the basis to destroy the fundamental right to liberty through locomotion in modern America? Is it not true that the ability to freely move about as our own inclinations and will dictates has always been every bit as much an integral part and necessity of our very way of life as the right to keep and bear arms for self-preservation and protection from thugs, thieves, criminals, ne’er-do-wells, and our own government, at the risk of being redundant?

So, even after all of this discussion of history, custom, practice, and common sense logic, the real question of the hour still remains, “Do the People actually require state permission in the form of fees and licensing of themselves and their private property to simply exercise their common law right to liberty through locomotion by personal use of the public right-of-way for their own private business and pleasure?

In a word, “no.”

Time-and-time again over the years, I have told folks that listen to my radio show that the real truth is that the federal laws are the actual source of all of the People’s trials and tribulations when it comes to exercising our Dos Equis - Numero Dos 0000000fundamental right to be left the hell alone when we are simply moving about on the public right-of-way without causing harm to anyone.

Bring this perspective of rights, liberty, and law up to a cop in a friendly discussion, or with a prosecutor or judge in a court of law, however, and they quickly demonstrate their complete lack of willingness to question what they only think they already know, while steadfastly brushing off every legitimate effort you make to try and show them that the law itself actually disagrees with them. The history, custom, and practice of the fundamental right to liberty through locomotion simply supports our version of the facts and reading of the law far better than it does theirs. Their enthusiasm over being challenged to prove that they are in the right, or actually proven wrong, reminds me of a TV studio crowd watching the most boring game show ever.

Now, the fact that the “transportation/ motor vehicle” laws don’t actually apply to folks that are simply exercising their right to liberty through locomotion on the public right-of-way, is not to say that there are no laws that validly apply to us. Nor am I making any claim or argument that, just because the “Transportation” Code doesn’t apply to us, we are now somehow relieved of our individual duty to exercise our personal rights and use of our property in ways that do not interfere with the equal rights and property of others. The argument is simply one of common sense; just as the rights of all men are to be considered and treated as equal when exercised justly, we naturally and inherently have the individual duty to exercise self-control and restraint so as to avoid unjustly harming others, regardless of the existence or absence of any man-made law. We commonly refer to this concept of individual liberty as exercising the “Golden Rule” of “do unto others as you would have them do unto you.”

The fact is, as free and self-sovereign individuals, we are simply bound by a different set of laws than those which apply to our government servants and all the other legal entities that they create. The natural laws that are relevant to we the People could rightfully be argued to apply only to our individual duty to not interfere with or do an unjust harm to the equal rights and property of others under the concept of that Golden Rule. That would mean that no man has any claim or right to act against any other for any purpose outside of a common law tort for an unjust breach of either the Golden Rule or a contract. Which is actually a hell of a lot more liberty than the average modern-day man or woman has ever experienced or will ever be accustomed to in their lifetime. Very few have ever known the feeling of joy and purpose that comes with true personal freedom and liberty.

Even those who have just been released from years of imprisonment will never truly know this joy. Because all they have really done is leave one prison with solid bars and walls for another. Where the only difference is that the new prison’s bars and walls are invisible. This new prison is certainly no less formidable in how it is used to contain and control these people, and it is used just as well against the rest of us.  This new prison is not built of brick and mortar. It is formed by a virtually innumerable and impenetrable number of slyly constructed terms and phrases, which are all stored in volumes of thick leather-bound officious-looking books. This new prison is entirely dynamic in nature. Its walls, bars, windows, and doors are all constantly shifted about to new locations at the whim of the prison guards and the wardens. This new prison is the gelatinous ‘legal’ system, and it understands and cares about our individual rights, freedoms, and liberty about as well and as much as Chris Christie understands self-control and proper eating & exercise habits, which is to say, not in the least fucking bit at all.

Regardless of how much those in control of our government really want us to believe and accept that they are the sole power and authority that gets to determine what our rights are or how we may use them, it is, and always has been, our individual inherent right to take any action necessary to sustain and live our lives, protect our selves, family, and property, and to make use of that property, as we see fit. Which we may do, just so long as we take due care to stay within the parameters of the Golden Rule, as that is the only true limitation upon the free exercise of our individual rights. Such exercise is not a mere privilege to be granted or taken by the whims or majority vote of the People as a political body or state, or by any constitution, or by our various and numerous agencies of government at any level.

The right to liberty though locomotion is just one of the fundamentally inherent rights necessary to maintaining our very existence on this planet. History and custom not only proves this to be the case the world over, it is what is supposed to be the very basis of the People’s rights and liberty in what was once the wild and untamed frontiers of common law America, just as it once was when we were a part of England as the Colonies. Both English and American history makes it very clear, it is history, custom, and practice that makes the law and binds the People, regardless of how many modern day statist-minded attorneys and judges try to tell you different.

This should have never really been open to any form of negative debate. The People have always had and do have an absolutely fundamental individual right to liberty through locomotion upon the public right-of-way for personal business and pleasure versus the privilege of ‘driving’ for the purpose of commercial business intended to generate private profit or gain by an extraordinary use of the public right-of-way as a “transportation highway.” One is a common law protected inherent right, the other is a privileged profession or occupation. They are not in any way synonymous other than they both utilize the same public resource, the public right-of-way, albeit for very different purposes.

I will remind you once again that it is federal law that is the original source of this controversy, not because of how federal law actually reads or what it does, but rather, how the states have tried to completely hide what it actually says and does in a way that allows them to interfere with and control our individual rights, while illegally taxing us for the free exercise and enjoyment of numerous fundamental rights ancillary thereto.

But what is your evidence proving any of that to be true!!” you say? Well, would you be more willing to take the word of a previous United States President about it rather than simply trusting mine?  Would you believe me any more readily if that President told you himself that this is exactly what has happened, that the legislatures, courts, and executive departments of every state of the union, have knowingly and willfully acted fraudulently and criminally to convert the free exercise of every individual’s right of liberty through locomotion into a taxable privilege so that they could sell it back to us for a fee and use it to control and monitor our every movement about the entire continent? Really? That would make you feel better about believing me on this subject? Well, okay, then that is what I’ll do.

I now turn you over to the obliging hands, and words, of President Harry S. Truman, 33rd President of the United States from April 12, 1945-January 20, 1953, who tells us the following:

Harry S. Truman – Speech to Fraternal Order of Eagles on Automobile Safety 08-14-1937.
Harry S. Truman – Speech on CBS  Announcing the Passage of the Drivers’ License Bill (S. 25) on  02-07-1939.

Now, I’m not going to call Mr. Gerald Lykins a liar or anything……… , well, actually…, yes…, yes I am going to call him a liar! Because he is a liar!! A big fat statist liar that should be disbarred, sued, and jailed for legal malpractice and incompetence. Not to mention just being an elitist asshole and total menace to individual rights and the public health and welfare. Which, in reality, makes him absolutely no different than any of the rest of the attorneys that engage in a profession that is soooo corrupt, diseased, immoral, unethical, and dishonest, that it makes professional prostitution seem completely healthy, moral and ethical by even the most prudish of Catholic standards. This particular class of persons are so unbelievably low that earthworms can shit on their heads as easily as birds shit on cars.

Attorneys are precisely the reason that we should always begin any “Transportation/ Motor Vehicle” Code case with a Motion of Special Appearance as being the absolute very first thing we do in the matter. Even if the cop does what the law actually requires them to do by taking you immediately before a magistrate, which is mandatory here in Texas Dos Equis - Numero Dos 0000pursuant Sec. 543.002, Texas “Transportation” Code, the FIRST and ONLY words out of your mouth before anything else must be “On and for the record judge, I am here by Special Appearance to challenge this law enforcement officer’s and your court’s unsubstantiated legal presumption of personal jurisdiction over me in this matter, for which I will be filing a written challenge moving the court for a signed written order ruling solely on the issue of personal jurisdiction. Therefore, until such time as that challenge has been filed and answered, and an order ruling upon it has been signed by the court, I cannot answer any questions or provide any documents that could possibly be used against me in a court of law or to potentially incriminate me in some way of which I am not currently aware. Therefore, I do not knowingly and voluntarily waive any of my fundamental or protected rights whatsoever, and I demand my right to assistance of counsel who is to serve in an advisory capacity only. Further Respondent sayeth not.

So, the next time you see or hear an attorney open their mouth with an opinion about what rights you do or don’t have, or even as to how they work, just hand them a shovel and tell them to not leave that pile of shit that just came out of their mouth lying around for some unwary individual to step in. Dos Equis - Numero Dos 000

Then, when they are done cleaning up their mess, take back the shovel…….

… and slam them with the flat side of it really hard, right in the face!

You won’t believe the feeling of immense joy and satisfaction you will get from finally understanding that the only true benefit that attorneys provide to society is that feeling the rest of us get when we have the chance to beat on one of them like a $3.00 piñata at a Mexican fiesta or for target practice to sight in our new gun.

.

Remember……

MEME - Rope, Tree, Attorney 1920x1080

The True Power of the People Over Unconstitutional Acts

So, some municipality has ‘enacted’ an ordinance, and is using it to charge you with some sort of ‘crime’ defined therein. But, have you bothered to even ask yourself if they actually have any lawful authority to so such a thing?  If not, why not?  Do you simply assume that they automatically have this authority?  If so, then, obviously, you have never asked yourself just from where exactly they allegedly did or could get it, right?

Well, I am here to tell you, and show you, that they don’t have it, and that they have never had it, despite all their protestations to the contrary.  I have several other articles written on this blog that goes into the details of exactly how and why that is, so I won’t belabor it further with another article that does the same thing. What I am going to do is show you just one of the ways that the People have reserved to themselves the lawful authority to force a municipality’s rogue ‘legislation genie’ back into its bottle and seal it up so it stops interfering in your life and messing with your property.

Below you will find a People’s Petition of Grievances and Remonstrance that will be used against the CITY OF DALLAS for its unlawful creation of an unconstitutional ordinance, and the use of that ordinance against the People of Texas as if it has the force and effect of binding public law, which it absolutely and constitutionally does not. Making the CITY OF DALLAS’ effort to use and enforce the statute an unconstitutional act under color of law that subjects them to tort actions for their treason and violation of fundamental human and individual rights that we the People specifically reserved to ourselves as being inviolable by our government, at any level.

The Title of the petition that should indicate that we need a change in direction of what and to whom we address such petitions. I am of the mind that, since the municipality really has no authority to what it did in the first place, which is to try and make any law binding upon the public, then we shouldn’t be petitioning them for anything. I am thinking of this in the same common sense manner that one wouldn’t try to petition the local thieves guild to do something about all the burglaries and robberies occurring in your neighborhood. We should be going directly to the state legislature and demanding that they protect our rights and property by putting laws into place forbidding this fraud and making municipalities and their employees directly liable for their actions under state law. But we have to REALLY go after the legislators to make it happen, because, right now, they are getting a cut of the stolen property to allow this to continue. THAT is what we need to expose and resolve so that this has a chance to actually work.

The petition was not my idea, but I decided it had merit in what it sought to do and offered to assist in “fleshing it out” with more specific grievances and remonstrances so that signers of the petition, as well as the criminals hiding behind the municipal corporate veil, would have a clear understanding of the specific rights and issues involved here, and the People’s demands and requirements for making it right.

Please, if you live in the Dallas, Texas area, or anywhere in Texas, like San Antonio for example, where similar ordinances have been enacted, then please look for places in your area to sign this petition and exercise your rightful power against unlawful and unconstitutional encroachment and infringement by these criminal municipal corporations who spit on our rights and constitution for their own private interests. Even better, use the attached MS Word document version to start one in your own neighborhood.

Remember, we can all stand and fight together now, while we can and should, or we will all eventually and surely be tried and hanged alone.



PUBLIC NOTICE AND PETITION FOR
REDRESS OF GRIEVANCES TO
THE LEGISLATURE OF THE STATE OF TEXAS
AGAINST THE MUNICIPAL CORPORATION OPERATING
AS “CITY OF DALLAS”

Notice, this petition is being instituted, signed, and presented by men and women of the Texas Republic, as sovereign People and free individuals domiciled within the geographical region of the Texas Republic commonly referred to as “Dallas,” as a public demand for redress of grievances relating to and challenging the unlawful and unconstitutional imposition of CITY OF DALLAS ORDINANCE NO. 29595.

The free men and women who have signed this petition are of one mind in that, the CITY OF DALLAS ORDINANCE NO. 29595 is violative of the most basic and fundamental of human rights and needs, is violative of state and federal constitutional provisions and prohibitions upon the limited powers and nature of government, and the knowing and willful violation of rights specifically reserved by the People to themselves to protect against such abuses of the People’s own delegated powers through governmental overreach and unlawful usurpations of powers and authority never delegated and constitutionally forbidden to any political subdivision of the state, or to the state government, by the People of the Texas Republic.

The CITY OF DALLAS may already be liable through individual and class action torts for unlawfully acting under color of law and without lawful authority in knowing and willful violation of both the CONSTITUTION OF THE UNITED STATES (“US Constitution”) and THE CONSTITUTION OF THE STATE OF TEXAS (“Texas Constitution”).

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 infringes upon, outlaws, and prohibits the free exercise and enjoyment of the People’s fundamental rights, such as the right to free association and to peaceably assemble, the right to freedom of religion and to engage in the consensual practices and customs thereof, and the right to individual liberty in all of these and the pursuit of happiness associated therewith.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 infringes upon, outlaws, and prohibits the free exercise and enjoyment of the People’s fundamental rights by unlawfully and unconstitutionally converting the free exercise and enjoyment of those rights into a crime with the threat of penalty and punishment via unconstitutional taxation or fines imposed for no other purpose that to punish the act of  caring for and feeding of their fellow man in the form of the poor and/or homeless People who are doing nothing more than trying to survive within the corporate municipal limits of the CITY OF DALLAS.

CITY OF DALLAS ORDINANCE NO. 29595 is a prima facie violation of the following protected individual rights and constitutional prohibitions:

  1. The unconstitutional exercise of prohibited legislative powers specifically delegated to the Legislature of the State of Texas under Article 3, Sec. 1, and the constitutionally mandated process for the creation of any and all binding public law within Secs. 29-39 of said Article, and, therefore, are specifically prohibited to be exercised by municipalities and counties, including, but not limited to, the unlawful and unconstitutional exercise of any and all legislative authority having the intent or false pretense of creating and enacting binding public law in any form for any purpose whatsoever.
  2. The unconstitutional exercise of constitutionally delegated powers and acts specifically prohibited to municipalities as set forth in Article 11, Sec. 5, of the Texas Constitution
  3. The unconstitutional violation of specific rights and protections reserved to the People of Texas under Article 1 of the Texas Constitution’s Bill of Rights, including, but not limited to, the right to challenge and hold void any and all governmental and non-governmental corporate violations of any provisions or prohibitions therein under Article 1, Sec. 29.
  4. The unconstitutional violation of specific rights and protections reserved to the People of Texas by which the state and its political subdivisions are constitutionally prohibited from exercising any power or authority violative of any clause or provision within the Texas Constitution, especially those within the Bill of Rights.
  5. The right to freedom of Religion, as it prohibits the right of the People to minister to the poor and needy as a part of their religious or personal custom and practice.
  6. The right to freedom of association as a natural right, as it prohibits the right of the People to befriend and provide aid and assistance to whomever they may choose for whatever reason they may choose.
  7. The right to peaceably assemble as a natural right, as it prohibits the right of the People to gather together to minster to and provide charitable aid and mutual kinship and comfort to those in need.
  8. The right to the pursuit of happiness as a natural right, as it prohibits the right of the People to enjoy providing mutually voluntary and consensual aid and assistance to those in need as their heart and personal morality may move them to do.
  9. The right to Due Process, as this ordinance is a violation of the right of a free People to life, liberty, property, and all the rights, privileges, and immunities of same, and in some cases, serves as a potential death sentence devoid of any form of due process or human empathy for the plight of others.
  10. The unconstitutional violation of the specific right to local SELF-government, as being a right specifically reserved solely to the PEOPLE of Texas within Article 1, Sec. 1 of the Bill of Rights of the Texas Constitution, in both their natural capacity as sovereign individuals and as a public body assembled, which is not a right or delegated power that is in any way reserved to the creation or operation of municipal corporations, counties, or the State government.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the People of Texas from invoking the blessings of Almighty God by performing His commandments and works.

THE TEXAS CONSTITUTION PREAMBLE

Humbly invoking the blessings of Almighty God, the People of the State of Texas, do ordain and establish this Constitution.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the People of Texas from declaring and acting upon their individually reserved right to local self-government of THEMSELVES, both as individuals and as a community in relation to their private individual and communal actions and activities, just one aspect of which is providing consensual and voluntary care and assistance to the poor and needy. The right of local self-government is specifically reserved to the People of Texas under Article 1, Sec. 1 of the Bill of Rights within the Texas Constitution, not to the corporate municipality, county, or state governments.

ARTICLE 1. BILL OF RIGHTS

That the general, great and essential principles of liberty and free government may be recognized and established, we declare:

Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE.          Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the right of the People of Texas to individual and collectively exercise their individual and collective political power in a manner they have deemed necessary and fitting, and denies the People of Texas in their rightful authority and to all benefits and privileges associated therewith, while simultaneously denying the People an independent and sovereign State and a Republican form of government as existing and operating by and for their individual and mutual consent and benefit, rather than for the private interests of the corporate municipality.

ARTICLE 1. BILL OF RIGHTS

Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT.             All political power is inherent in the People, and all free governments are founded on their authority, and instituted for their benefit. The faith of the People of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon and violates multiple provisions and prohibitions of the Texas Constitution by the fraudulent exercise of Legislative authority in order to unlawfully defraud the People by the fraudulent creation of unconstitutionally enacted binding public law that was void ab initio. The power to create binding public law is constitutionally delegated and vested solely within the LEGISLATURE OF THE STATE OF TEXAS (“Texas Legislature”) by Article 3, Sec. 1 of the Texas Constitution, and that power may not and cannot be re-delegated to political subdivisions of the state government by mere legislative enactments and statutory schemes.

ARTICLE 3. LEGISLATIVE DEPARTMENT

Sec.1.   SENATE AND HOUSE OF REPRESENTATIVES. The Legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled “The Legislature of the State of Texas.”

Sec.2.   MEMBERSHIP OF SENATE AND HOUSE OF REPRESENTATIVES. The Senate shall consist of thirty-one members. The House of Representatives shall consist of 150 members.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the right of all men as having a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences.

ARTICLE 1. BILL OF RIGHTS

Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the natural and indefeasible right of all men to protect themselves and others from unlawful and unnecessary deprivations of life, liberty, property, privileges or immunities, or disfranchisement, without due process of law.

ARTICLE 1. BILL OF RIGHTS

Sec. 19. DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF LAW. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the natural and indefeasible right of all men to freely associate and act for their individual and common good, to be free from all unreasonable searches and seizures, and to petition their servant government for redress of grievances.

ARTICLE 1. BILL OF RIGHTS

Sec. 27. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES. The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.

The People’s Declaration of Relief and Redress

WE, the undersigned PEOPLE OF TEXAS, do hereby declare CITY OF DALLAS ORDINANCE NO. 29595 void on its face under the authority of the Bill of Rights in its entirety within Article 1 of the Texas Constitution, and pursuant to Sec. 29 of said Article specifically.

WE, the undersigned PEOPLE OF TEXAS, do further petition and demand that the CITY OF DALLAS MUNICIPAL CORPORATION cease and desist with any and all enforcement of the odious and unconstitutional DALLAS ORDINANCE NO. 29595, dismiss any charges, fines, and fees unconstitutionally perpetrated and taken thereunder, and to further act to immediately and permanently repeal said ordinance, thereby restoring the constitutionally protected rights that the free and sovereign People of Texas specifically reserved to themselves so as to prohibit such infringements and violations through unconstitutional abuses of power and authority as exists in said ordinance.





Petition to the CITY OF DALLAS

How to Control [and Legally Embarrass] a Bad Judge – Episode 1

When you have a prosecutor and a judge conspiring and acting to further a case despite a lack of jurisdiction, especially when that lack of jurisdiction is based upon an insufficient complaint and charging instrument or lack of admissible evidence by which to prove ALL of the necessary elements of the alleged offense(s), just how are you supposed to deal with it?

Such little circus sideshows are usually played out by the judge and prosecutor in a tag-team performance during the motions hearing, which is where the judge will most certainly attempt to deny your motions without ANY legal basis or rebuttal relevant to a single thing in your motion(s). What the judge is failing to provide in this denial is what we call the necessary “findings of fact and conclusions of law” that provide the supporting legal grounds for the denial. Neither of which they actually ever have in such cases.  This is why you should ALWAYS file a supporting “Motion to Reconsider,” or, in certain circumstances, a “Motion for Findings of Fact and Conclusions of Law,” with any other actual motion that you file that results in an appealable negative order, ruling, or judgement.  DO NOT put either of these motion requests into the same motion that initiated the action order, as they will be automatically denied when the actual motion itself is denied.

Now, once you make ANY form of argument that the statutes are being legally misapplied to you and your private activities, you are most likely going to prompt the prosecutor or judge to say something like “Are you saying the code/ statutes/ laws don’t apply to you?” At this point the prosecution is going to chime in and supply some totally irrelevant and idiotic example claiming that some five-to-ten year-old child will suddenly be able to take off in mommy and daddy’s car any time they want because licenses aren’t really required. An example which is not only moronically stupid on its face, but also has absolutely NOTHING to do with the facts and evidence of the case before the court.

The prosecutor’s little forays into fantasy land, along with their side trip to ridiculous park, will be fully sanctioned by the judge if you fail to object properly. However, these little stories are NOT testimony per se, as this is only a motions hearing, but they ARE completely ludicrous fabrications and are not at all relevant to the facts and case before the court. So, when you object to this moronic commentary DON’T say stupid Patrinut shit like “I object, s/he’s testifying and misstating the facts judge!” Instead, stick to the commentaries total lack of relevance and the prosecutor’s dumb-assery for having made it as your basis for making the objection:

OBJECTION!  How badly the prosecutor would allow their child to behave if these statutes never actually applied to the Accused or the general public is completely irrelevant to the matter before the court, and serves no legitimate purpose other than demonstrating that the prosecutor should probably be sterilized and not allowed to care for children in general. That idiotic example of coulda’ shoulda’ woulda’ is not the law, it cannot be substituted for the law, and it has nothing to do with the actual law and facts before this court.  Therefore, I move that if the prosecutor wishes to engage in the fabrication of delusional and irrelevant fantasies that s/he resign and either write fiction books or run for public office in the legislature. Otherwise, I move that the prosecutor be instructed to stick exclusively to the facts and evidence relevant to this matter rather than their red herring theories on ‘possibility’.

Take note, as there was no actual admissible and countermanding evidence and/or any legal brief(s) filed by the prosecution alleging any opposing statutes, facts, or law that serve to rebut those contained in your own motion(s), the judge and the prosecutor have no legal leg to stand on for denying them, especially with the judge acting biasedly for the prosecution by simply denying them without legal grounds. Their imaginary “what if” example scenarios are NOT the law, nor are they the basis of the law. Just as they are NOT evidence of anything whatsoever, other than as an example of a vivid and totally irrelevant imagination.

So, one possible response to a judge that makes such an obviously prejudicial and biased statement of this nature would be:

Judge, I believe the burden of proving that the specific regulatory statutes at issue in this matter actually DO apply to the Accused rests upon the Prosecution, rather than upon the Accused to prove that they do not. It’s called “the presumption of innocence.” I would move the court to look it up in the Code of Criminal Procedure under Arts. 2.01, 2.03(b), 11.43, 35.17.2, and 38.03.

Furthermore, the prosecution has failed to allege even a single fact in the complaint and/or charging instrument that the Accused was actively engaging in some form of commercial “transportation” activity upon the highway, which is the ONLY way that these specific regulatory statutes legally CAN apply. On these grounds I move that the court take judicial notice of Article 38.03 of the Code of Criminal Procedure, which reads:

Art. 38.03. PRESUMPTION OF INNOCENCE.

All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.  The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

Further still, SB 971 as enacted by the 74th Legislature in 1995, which is the enactment that created the entire “transportation” code in its current recodified form, including the various statutes at issue in this matter, regulates a specific type of business or business related activity, that of “transportation.” An activity in which the Accused was NOT and never has been engaged, the allegation and proof of which is an essential  required fact element that the prosecution cannot presume to be true or legally prove due to a lack of admissible evidence relating to and proving said activity.

The prosecution is duty-bound to set forth EVERY element that is required to be proven at trial IN the complaint AND the charging instrument, AND must prove EVERY element at trial with ADMISSIBLE EVIDENCE, not hypothetical and overly ridiculous red herring arguments and contrived situations that have no relevance or bearing upon the facts of the case.

Finally, neither this court nor the prosecution may simply presume ANY required fact element of an alleged offense to be true, as that subverts the right of the Accused to the presumption of innocence of EVERY element of an alleged offense, which is fatal error, being a clear violation of the Accused’s right of due process and all. There can be no reasonable legal debate as to whether or not the act of “transportation” is a necessary fact element of the alleged offense considering that it is the specifically stated subject matter of the very legislation that created the recodified “transportation” code and the statutes therein.

There is no such fact element alleged in the complaint and charging instrument, and the state has no admissible evidence that would serve as proof of that necessary element. This lack of admissible evidence also proves that the arresting officer could not possibly have had any articulable facts or evidence supporting reasonable suspicion or probable cause, thus making the warrantless detention, seizure and arrest of the Accused completely unlawful in the first instance. Which, in turn, makes it more than clear that the state is attempting to unlawfully apply the “transportation” code and its regulatory statutes to a completely unrelated subject matter activity to which it simply and legally does NOT and CANNOT apply as said activity is entirely OUTSIDE of the code’s subject matter jurisdiction and application.

Therefore, the state has no case, as the prosecution simply cannot prove that these statutes apply without first proving that the Accused was engaged in the regulated activity of “transportation.” Which is legally impossible to do using only a law enforcement officer’s personal or professional opinion during testimony absent other admissible substantive evidence supporting that conclusion, as the officer is not qualified to make such legal determinations and conclusions and then offer them as factual opinion and evidence through testimony at trial.

Whereby, on these legal and constitutional grounds, I move for your immediate disqualification for bias, prejudice, judicial incompetence, and multiple violations of state law, the rules of procedure, the rules of evidence, the rules of judicial and professional conduct, and criminal offenses constituting felony violations of Abuse of Official Capacity and Official Oppression under Sections 39.02 and 39.03 Penal Code.

In other words, ‘judge,’ fuck you, fuck the prosecutor, and fuck the rest of the dirty wharf rats whose asses and nut sacks you both kiss every day to hold onto your corrupt lying-ass jobs.

Rights – WTF Does the Constitutional Prohibition Against “Unreasonable” Even Mean Anymore?



Before you become embroiled with the details of this article, please take the time to ask yourself one very important question, and keep it at the forefront of your mind the whole time you are reading so you may contrast its implications with the totality of information herein; “why do you think it is that the entirety of the United States and state Constitutions, as well as the concepts and importance of every individual’s inherent and fundamental rights and liberty as ensconced within the history of our earliest American law, are not being taught to our children throughout their entire educational process?



For Whom the Bell Tolls

Our state and federal courts constantly extol the opinion that a warrantless arrest must be “reasonable” and not “unreasonable” without clarifying what the Founding Fathers and our history understood the terms “reasonable” and “unreasonable” to actually mean at the time of the Constitution’s writing, because they certainly seemed to dislike things they considered to be “unreasonable.”

When King George assented to the Tea Act on May 10, 1773, the colonists thought the King’s new revenue law levying an additional two cent tax (yes, 2¢) to be “unreasonable,” resulting in the “Boston Tea Party.” The “tea party” became a positive symbol and nationally recognized event glorifying the American ideal and zest for freedom and liberty in what was once our founding glory of challenging overzealous authority.

When King George’s magistrates were given the authority to create criminal laws and penalties for virtually any petty offense that they wished so as to intimidate and subjugate the colonists and raise revenue for the King, they immediately corrupted intent of the law by the practice of using it to line their own pockets and enrich themselves at the expense of the individual colonists. And when the grumblings of the colonists became too loud and forceful, the King’s magistrates and their minions sought his blessing to totally disarm the entire colonial population, except themselves of course (does this all sound familiar in relation to today’s attempts by government to enact gun control laws that would let them disarm the American people?).

But, the colonists themselves didn’t see any of these actions as being “reasonable,” and that triggered a war that founded a nation of freedom loving individuals that vowed and intended to never allow that kind of abusive and pervasive authority to ever exist over or among them again. A war that also culminated with the constitution of every sovereign republic containing a permanent prohibition outlawing any and all forms of Bills of Attainder, and by direct association, all Bills of Pains and Penalties. Every state constitution also forbade the enacting of ex-post facto laws as well. All of which our courts seem hell-bent-for-leather in allowing our legislative and executive departments to permanently reestablish as a part of the American way of life using even the flimsiest of legal logic and judicial reasoning.

The Concept of “Unreasonable” is Subject to Individual
Perception of the Parties, of Which Only the People’s
Legitimately Matters and is Controlling.

Therefore, the question must be asked; when it comes to resisting an unlawful arrest using a “reasonableness” standard, why are the opinions so blatantly against the rights of the People “to be free from unreasonable searches and seizures” when they resist unconstitutional, unlawful, and illegal acts by state officials? Are unlawful acts only unreasonable or illegal when perpetrated by someone outside of governmental authority? Are crimes only criminal when committed by non-state actors? This country was founded entirely upon the concept of the right to resist any presumption or exercise of authority that unjustly infringed upon or destroyed individual rights or property, regardless of the alleged source of the authority to commit such infringements.

For example: In the case of Class C fine-only misdemeanors, our Texas Courts have opined numerous times that it is perfectly “reasonable” for the courts themselves to violate the Texas Constitution’s Bill of Rights and its codified portions within the Code of Criminal Procedure by denying the most basic due process protections to an individual accused of this particular class of ‘crime’. Why and how you may ask? Simple, they justify these rights violations upon the grounds that, because the offense doesn’t involve incarceration as a part of the punishment, these rights are never invoked, and therefore, are not available to the Accused before or during trial on the allegation.

It would seem that our individual right to be free from any “unreasonable” situations that place us in potential danger where we might suffer bodily harm or death at the hands of some ‘roid-raging lunatic with a Mike-n-Ike-sized penis and seriously deficient social skills and an all-to-willing itchy trigger finger, are specifically relevant aspects of these situations that are being totally forgotten or ignored despite the duty upon the courts to preserve and protect every single one of those rights as well as the right of private property. By protection of private property in these situations, I mean to say that we have these rights so as to also protect our private property from being arbitrarily damaged or stolen through governmental whimsy and caprice, not just protection from jail time. Private property in this context refers to either our physical property, our money, or our time if sentenced to community service because we have no money for them to steal using trumped up charges on phantasmically intangible offenses.

The Courts Say That Certain Due Process Rights
Don’t Exist as Long as They Cannot Sentence
Us to Jail for the Offense.

Our courts routinely deny those accused of Class C fine-only offenses the right to counsel, the right to a probable cause hearing determining the validity of any warrantless seizure, detention, search, or arrest (called an examining trial in Texas), or even a probable cause hearing for the singular purpose of determining probable cause for any specific charge(s) being levied against them (also an examining trial), to have proper, sufficient, and timely notice of the allegations and proceedings against them, the right to be fully informed as to the nature of and the actual cause against them, to challenge the lack of evidence supporting the jurisdiction of the court itself, and innumerable violations of the Bill of Rights, Texas Code of Criminal Procedure, Judicial canons, professional ethics, Chapters 311 and 312 of the Texas Government Code, and finally, the knowing and willful misapplication of occupational regulatory codes against private individuals that were never engaged in the alleged occupation. In other words, that last one is nothing short of outright judicial and legal fraud on a massive scale. According to our various court’s own rulings and opinions, these unconstitutional, immoral, and seditious violations of the People’s sovereign rights and property are all considered to be “reasonable” in their eyes. Yet, in our history, both foreign and civil wars have erupted based upon far less egregious acts than these that those in authority at the time also considered to be “reasonable” and within their power to do.

Through this method of judicial sophistry, our Texas Courts routinely deny to individuals accused of Class C fine-only offenses the same standard of equal application and protection of the laws. And they do so based solely on the pretense that these rights only apply when some length of incarceration can be levied as a part of the punishment upon conviction for an alleged offense. They don’t even consider the loss of property, i.e. our money, our time off work, from family, etc., that is also involved in such cases. We have a vested interest and right to be protected from unjust loses of that property every bit as much as we have to be protected from unjust incarceration. It is as if the courts and prosecutors believe the term “all,” in relation to criminal proceedings, as is clearly found in the language of Art. 1, Sec. 10 of the Texas Constitution, either doesn’t exist there at all, or, at best, means something else entirely different than the terms “each” or “every.”

After all, it isn’t like they don’t know the actual meaning and intent of these terms, because they’ve already told us that they do:

All. Means the whole of – used with a singular noun or pronoun, and referring to amount, quantity, extent, duration, quality, or degree. The whole number or sum of-used collectively, with a plural noun or pronoun expressing an aggregate. Every member of individual component of; each one of-used with a plural noun. In this sense, all is used generically and distributively. “All” refers rather to the aggregate under which the individuals are subsumed than to the individuals themselves. State v. Hallenberg-Wagner Motor Co., 341 Mo. 771, 108 S.W.2d 398, 401. See Both.

Each. A distributive adjective pronoun, which denotes or refers to every one of the persons or things mentioned; every one of two or more persons or things, composing the whole, separately considered. The effect of this word, used in the covenants of a bond, is to create a several obligation. The word “any” is equivalent to “each.” Conerty v. Richtsteig, 308 IlLApp. 321, 31 N.E.2d 351. “Each” is synonymous with “all” and agrees in inclusiveness but differs in stress; “all” collects and “each” distributes. Knox Jewelry Co., Inc. v. Cincinnati Ins. Co., 130 Ga.App. 519, 203 S.E.2d 739, 740.

Every. Each one of all; all the separate individuals who constitute the whole, regarded one by one. The term is sometimes equivalent to “all”; and sometimes to “each”.

Source: Black’s Law Dictionary, 6th Edition 1996

Yet, the courts have never once addressed whether or not it is a violation of the United States and Texas Constitutions “unreasonable” clauses to statutorily authorize a warrantless seizure, arrest, and potential incarceration for a period of several hours to several days, or, as has occurred in many cases, even weeks, and all prior to any charges even being filed or a conviction had. And all for an alleged offense for which the Accused cannot be lawfully punished by any form of incarceration for even the tiniest fraction of a second even if convicted. Given the factual existence of exactly these processes, I personally believe and hold this entire possibility to be totally “unreasonable” in every respect. And yet, those charged with Class C fine-only offenses or other classes of misdemeanors are unjustly denied a chance at preserving any appealable error relating to the probable cause finding by being denied an examining trial in which to raise the issue in the first place.

Since When are the Illegal Acts of False
Imprisonment, Assault, and Kidnapping
Not ‘Excessive’ in and of Themselves?

This is especially true in light of our current atmosphere of police animosity and brutality toward the general public, as the encounter relating to any such alleged offense is very likely, and now almost expectedly, to turn dangerous or deadly to the civilian. All because an as-yet undiagnosed and out-of-control mental patient was given a gun and permission to use it as a matter of departmental policy to support their preexisting seriously bad attitude that obviously developed from carrying around a rather sizable chip on his or her shoulder, and then dressed all of that hot mess up in the uniform and ‘legal’ authority of a law enforcement officer. What is also especially true in such situations is the fact that these alleged offenses require no intent to commit any criminal act, or the intent to even commit the act itself, or to inflict harm or injury, and have no actual tangible and identifiable victim to claim and prove any such injury, to claim and prove palpable harm or injury of persons or property resulting from negligence, to claim and prove any felony acts, or to claim and prove a breach of the peace.

And once you have been accused, every aspect of the entire process moving against you is controlled entirely by agents of the same fictional entity, the “State.” The “State” is an entirely fictitious political designation that is claiming to have somehow been invisibly, insubstantially, and intangibly harmed by you. And the “State” is the only plaintiff claiming an alleged injury that is moving against you to allegedly seek redress for this intangible and unprovable harm, and yet, it has no way to demonstrate the injury, no victim to take the stand and testify, and no one to place under oath to testify to this harm as being a fact.  Were this you or I pursuing a suit in a court of law, we would be thrown out on our asses for failing to state a claim upon which relief can be granted and lack of standing. As we well should be, considering that we would be completely unable to demonstrate and prove any actual personal injury through any actual substantive admissible evidence.

‘Reasonable’? We are the State, We Don’t
Need No Stinking ‘Reasonable’?

In cases such as this, it is always one or more agents of that same legal entity that not only accused you of the offense that is the alleged source of this equally fictitious injury, but who will also be the entity’s star witness(es) against you. The “State’s” witness(es) will testify against you at the behest of a totally different agent whose only goal and purpose is prosecuting you. And that prosecution is taking place before yet another agent that controls the process and is responsible for the rulings and orders that ultimately “prove” that all of the actions being taken against you are ‘fair and impartial,’ ‘proper’ and ‘legal.’ Then, any appeals from the decision at the trial level will be submitted and held before more of the same. And lest we forget, each and every one of these agents of the “State” are direct or indirect financial beneficiaries of each and every guilty verdict found against the accused for the alleged offense(s).

At this point it should be abundantly clear that “reasonable” has left the building… all the while screaming in agony because these agents of the state doused it with gasoline and lit it on fire!!

How is it not unjust and “unreasonable” that the People, when not causing tangible harm to anyone or to the private property of another, can or should be subjected to the potential and wholly unacceptable risk of bodily injury or death during a warrantless seizure, detention, search, or arrest, for an alleged malum prohibitum offense that in and of itself, and without the prohibition, is neither morally or ethically wrong, and causes no harm to any individual, person or thing, nor is it a common law felony or breach of the peace, and the act being prohibited could not result in a single second of incarceration even if ‘convicted’ for it? When and how did we the People allegedly authorize our public servants to imperil our personal health and welfare, our property, and even our very lives, in this totally “unreasonable” manner?

Differing Perspectives and Desires of Governmental
Agents Does Not ‘Reasonable’ Make.

“The Blaze” is a web site that portends to carry current daily news, articles, and events from all aspects of the political and social realm. I’ve never thought too highly of it or the articles it publishes, as most seem to usually contain content and subjects that I find to be intellectually illiterate and, from the perspective of a freedom, liberty, and rights loving individual, highly offensive statist-centric liberal propagandist bullshit.

However, while doing some case research, I stumbled across one of the very few articles published there that I have ever considered to be actually looking at the “big picture” context of the situation surrounding the subject matter. This particular article was written by one Paul Markel, and is titled “Do You Have the Right to Resist an Unlawful Arrest?” Mr. Markel claims that he writes the article from the perspective of an ex-cop and, apparently, also as a constitutionalist, none of which I can offer any reason to doubt at this time. In his article, Markel writes:

In case after case, we see policemen who seem to view handcuffs as their first and only resort to a non-violent altercation. What is even more troubling to me are the scores of timid apologists who reason that any public display of anger or outrage is rightfully silenced by officers of the state.

This nation was born of dissent not acquiescence. Our founders fought for the rights of man. If Adams, Jefferson and Madison had listened to the voices of timidity and complicity their only path would have been the return to the life of comfortable tax slaves.

Rather than accept that they were sanctioning murder, we could view the legal opinions of the courts in both the Plummer and Bad Elk cases as a message sent by the Judicial Branch to the Executive. Firearms and handcuffs, while often legitimately called for in a crisis, should not be the default for every situation encountered. When the state seeks to rule by the sword, the peasants have a choice to make: submit or resist.

Imagine my surprise in finding an officer who not only “gets it,” but who is willing to make his understanding and beliefs known to the public even though both goes squarely against the “code of silence” and the “thin blue line.” But there is a truth to his words that cannot be ignored in our modern America. The police state isn’t looming on the horizon, it is in your cities, streets, and neighborhoods already, and God and the 2nd Amendment help us, it is already transgressing directly into our homes and in our faces. It is killing us without conscience or consequence. The unarmed and otherwise innocent civilian body count is rapidly mounting to prove it.

However, as equally unsurprising is an article and commentary on the same subject from a law enforcement oriented and focused site called “PoliceMag.com.” The majority of comments there appear to be coming from actual current law enforcement officers, as well as some possible imposters pretending to be law enforcement. Most all of whom make it abundantly clear that they are more than willing to kill you to perfect an arrest, regardless of how minor the alleged offense or that the only legally authorized punishment is a monetary fine. And regardless of the circumstances, the authorized punishment is most certainly not bodily injury or some other degree of injury so serious and life-threatening that it requires an ambulance or a coroner. From one commenter calling himself “Mike,” who claims to actually be a law enforcement officer, we see this attitude regarding his presumption of power and authority to arrest you or to kill you while trying; “When your resist you become mike brown or Eric garner and could potentially die. You have no right ever under any state law in the United states to resist any arrest legal or illegal hence why we have a justice system. If you don’t like the system vote to change it or move. You won’t be missed.

(NOTE: All grammar, spelling, capitalization, and punctuation errors in original, after all, he’s just a cop, not necessarily a high school grad or otherwise literate individual).

The comments from others who say they are or appear to be active in law enforcement go on and on about how no one has a right to resist even an illegal arrest, not even if it is known at the time to be illegal by both the person to be arrested and the arresting officer. And it appears to be their firm understanding and belief that the order of the day in virtually every state of the union is that an officer may continue to escalate the use of force, even during a knowingly illegal arrest, until such time as they can either perfect the arrest, the subject escapes, or the subject is dead and no longer resisting.

Therefore, we can all assume that the current standard for “reasonable” probable cause to inflict serious bodily injury or death upon another living fellow human is:

  • because that fellow human is in possession of a 2×3 inch piece of plastic with a really ugly photograph and a date that is one day past their last birthday, or a printed sheet of paper with the wrong date or incorrect insurance information on it, or a species of plant produced entirely by nature and having enormous medicinal, textile, and manufacturing value to mankind;
  • because that fellow human dared exit his or her car and demand that the officer point out the allegedly defective taillight the officer claimed was the basis for stopping them on a busy highway;
  • a police officer shooting that fellow human in the head and killing him or her during a totally bogus traffic stop and arrest, allegedly because there was no rectangular-shaped piece of alpha-numerically decorated metal on the front of the human’s car to match the one s/he had on the back, and, thus, was an incomprehensibly dangerous and unacceptable threat to the public’s safety and welfare warranting their immediate execution;[1]
  • a police officer assaulting and then threatening to taze or shoot an entire family of fellow humans because of a similar rectangular-shaped alpha-numerically decorated piece of metal that was allegedly ‘expired’ and, therefore, either no longer fit to eat or have bolted to one’s car, and, thus, was an incomprehensibly dangerous and unacceptable threat to the public’s safety and welfare potentially warranting the entire human families immediate execution;[2]
  • a Texas DPS Trooper tazing, brutally assaulting, and then arresting a fellow human because s/he refused to put out a cigarette s/he was smoking inside his/her own car after the officer had concluded his traffic stop for allegedly failing to use a turn signal to make a right-hand turn, and, thus, was an incomprehensibly dangerous and unacceptable threat to the public’s safety and welfare warranting his/her immediate beating, tazing, and incarceration on falsified charges of resisting and assault upon a police officer, and without a proper commitment order signed by a neutral and detached magistrate after a finding of probable cause for the warrantless seizure and arrest via a proper examining trial. NOTE: The human, a woman named Sandra Bland, died three days later in her jail cell while in the custody of the county Sheriff’s office where the DPS Officer illegally incarcerated her.[3]

Is it just me, or does anyone else notice a trend that indicates our police forces are getting inundated with far more morons than they used to be and that are way too thin-skinned and egocentric on top of being a bunch of pussified estrogen-rich pea-brained hot-headed steroid junkies? Why else would a 220 lb. man claim to have feared for his life from nothing more than the incessant barking of a family’s 2 lb. Chihuahua to such a degree that the dog had to be shot and killed to protect himself if not because he is actually the world’s biggest male pussy?

With that said, take notice of the fact that each of these encounters with law enforcement began with nothing more than a police officer trying to incorrectly and wrongfully apply and enforce a Class C fine-only or other low-level misdemeanor regulatory offense or infraction under their particular State’s “transportation/motor vehicle” regulatory code. An offense that, as a matter of law, applies only to those “persons” engaged in the commercial occupation of “transportation.” We can show this is absolutely true for Texas using some simple statutory algebra.

Statutory Algebra Formulas for “Transportation.”

Carrier” = A legal designation and capacity describing someone who engages in the business of moving any persons, goods, or property by land from one place to another for compensation or hire (see “transportation”).[4]

Commercial/ Motor/ Vehicle” = A legal designation assigned to a motor-driven device used by a “carrier,” “driver,” or “operator” who is actively engaged in “transportation” upon the land.

Driver/Operator” (or any grammatical variation thereof) = A legal designation and capacity describing someone who is actively engaged in acts of “transportation” upon the land.

Person” = A general legal designation and capacity generally describing someone who is acting in one or more of the other legal capacities defined as “Carrier,” “Driver,” or “Operator.”

Transportation” = the legally defined business profession or occupation relating to the moving of persons, goods, or property by land from one place to another via a “commercial/ motor/ vehicle” for compensation or hire as either a “carrier,” “driver,” “operator,” or any combination thereof.

Now we write equation in the form of a computer program function:

Define Person as Boolean

Person = IsPerson(False, False, False, False)

Function IsPerson(Transportation as Boolean, _
                   Carrier as Boolean, _
                   Driver as Boolean, _
                   Operator as Boolean) _
          as Boolean

  If Transportation = False then

        IsPerson = False

  Else

    If Carrier = False and  _
       Driver = False and _
       Operator = False then

          IsPerson = False

    Else

          IsPerson = True

    End IF
  End If
End Function

 

In each of these cases, the officers involved were unlawfully and illegally using that State’s occupational regulatory code and its related offense(s) against a private individual who was acting solely in their private common law capacity to engage in their private business or pleasure activities as a matter of right, in which case such codes never applied to those individuals in the first place. Which means, in reality, that every single detention, arrest, injury, and death memorialized in the linked in news articles and stories were all 100% unconstitutional and illegal, and, therefore, inherently “unreasonable” by constitutional standards and prohibitions. But, of even more import and concern, is the fact that each one was also 100% fully sanctioned by the courts and prosecutors through knowing and willful misrepresentations and abuses of the amorphous legal semantics intentionally written into the laws and statutes so as to perpetrate and perpetuate this long standing fraud upon the American People within every state of the union.

In Sandra Bland’s particular case, she was falsely charged and locked up by the DPS officer on the trumped-up charges of resisting arrest and assault on a police officer, not for the “transportation” offense she could not have possibly committed in the first place considering that she was not acting under any form of legal capacity for the purpose of engaging in any “transportation” related activity when the DPS Trooper initiated the illegal stop. However, those fraudulent, vindictive and malicious charges by the DPS Trooper would have never been able to even be applied to Bland if not for the fact that our courts had unconstitutionally and unlawfully ruled that it was totally “reasonable” for her to be knowingly and willfully deceived by her public servants so as to be fraudulently subjected to an profession/occupation related regulatory code that had absolutely nothing to do with her private activities could not be legitimately applied to her in any way. And this list of decades-old governmental atrocities and frauds grows daily by leaps and bounds.

The Times They Are a Changin’.

As found in the article linked below from TheFreeThoughtProject.com, the “The new death penalty standards in America” footnote states, “At a time when police can do no wrong—at least in the eyes of the courts, police unions and politicians dependent on their votes—and a “fear” for officer safety is used to justify all manner of police misconduct, “we the people” are at a severe disadvantage.” And so slips into the abyss of hopelessness and helplessness the hopes and dreams of every individual that once believed true freedom and liberty was to be found within the territories of the sovereign union of states known as America.

Those feelings of helplessness and hopelessness stem from the appearance and practice that “unreasonable” is now whatever the asylum inmates (our public non-servants at this point) actually desire it to be in order to fit their broken-brained view of a total authoritarian oligarchical police state where they are no longer limited as servants of the People, but rather, where they’re the new masters, and capable of wielding limitless power and authority to re-mold America and the world into their own private for-profit and pay-to-play labor pool.

Why does this thought evoke flashbacks of childhood cartoons and movies? You know, the ones where the evil man, always dressed in black and with a thinly curled mustache, would cackle insanely and tell the hero how he was planning to steal someone’s home and property through some perfectly ‘legal’ means of foreclosure or forced marriage if the poor person or lovely young widow woman was one minute late in paying the mortgage, or how the evil villain mastermind proclaimed his or her plan to possess and control the entire world through some nefarious and highly destructive means if it wouldn’t submit willingly.

Constitutionally, logically, morally and ethically, it is rather myopic, moronic, and downright insane to say that these specific types of malum prohibitum offenses correctly pretend to validate any such warrantless arrests as being constitutionally lawful simply because they are ‘legally’ authorized by a group of self-serving criminals only pretending to work for our benefit. Much less that such enactments truly serve any real purpose of better protecting the public from harm. Which one can only assume at this point means harm caused strictly by other non-state actors, but certainly not any harm inflicted upon the public by the agents of the state themselves.

Meanwhile, every single day, there are literally tens of hundreds of thousands of people whose rights are violated,[5] and many who are seriously injured or killed, by an overzealous and overly-aggressive police officer, often with support and assistance from fellow members of his legalized criminal street gang. Most of whom are also demonstrably more than willing to enforce the collection of a potential $200 fine or avenge some perceived slight or affront to their ego or authority through use of brute or deadly force and violence against virtually any member of the public that dares to exercise their right to ask questions about or challenge the officer’s actions. And far too often, regardless of the age, race, or sex of the officer’s brutality victim(s). What could possibly be justifiably “unreasonable” about any of that?

If the only test and determination for “unreasonableness” for a warrantless arrest is whether or not the United States Congress or a state Legislature has passed a “special statute” authorizing it for any sort of malum prohibitum thing that they don’t like, then, under a constitutional standard, the terms “unreasonable” and “reasonable” now mean less than an announcement that your local pub has just started serving fresh elk piss on tap for a dollar a quart, as any legislative body is now totally free to declare any statutory form of warrantless seizure or arrest as “special” and necessary, and therefore, “reasonable” for any purpose that may be governmentally desired. They could then forevermore do whatever they wanted by simply enacting a “special statute” saying that they could, regardless of any other constitutional, common law, and/or sovereign individual rights prohibitions against it. You are watching the wholly unconstitutional and unlawful reinstatement of the very sort of Bills of Attainder and Bills of Pains and Penalties that are expressly prohibited by the Bill of Rights in every state constitution as well as within the federal constitution itself.

Calling it a “special statute” does nothing to change the unconstitutionality and “unreasonableness” of such enactments, not to mention the seriously detrimental repercussions to our individual rights, as well as the totally unnecessary and wholly unacceptable levels of risk it places on our personal safety, health and welfare. Which the People have every right to presume and expect to be fully protected by the courts against such intrusions by using the Bill of Rights within the federal and state constitutions. These protections would rightfully and necessarily include the recognition and proclamation of our individual and collective right to defend ourselves and others against such abusive authoritarian actions with any level of force that is necessary to do so, all the way from evasion and escape up to deadly force, if and when the need arises.

Alas, Poor Liberty, I Knew Him Well.

This abrogation and derogation of our individual rights and property by incremental degrees simply must stop. And it is the duty and responsibility of our courts to make it stop, as they are supposed to be a buttress between the People and such prohibited and abusive acts by the agents of government. Not simply a rubber stamp committee for anything the legislature and the executive departments deem necessary so they may do things in any damn way they please. And if the courts won’t perform their duties faithfully and in full compliance with the Bill of Rights and the express will of the People, then they should be abolished or transferred over to the control of People who understand these issues and will enforce the constitution over the statutes. While those who are responsible for making such actions necessary are stripped of all wealth and possessions accumulated with the fraudulently obtained proceeds from their elected offices before being sentenced to prison for an appropriate length of time. I would recommend that length of time be at least until Hell itself becomes the preferred venue for hosting the Winter Olympics.

It is a fallacy of epic proportions to put forth the false authoritarian doctrine that a free people have not only no right to resist an unlawful arrest or assault by our public servants, but that we must actually obsequiously submit to such criminal acts peacefully and without any defensive or offensive resistance, no matter how violent and injurious or fatal the assault might be due to our failure or legal inability to defend and resist. And then, if you survive the initial assault, your only recourse is to take your case before a higher level of the same authoritarian system that authorized the initial abuses in the first place, and where you now plead the case for violations of your rights and to be vindicated and provided restitution, which we all know borders on the insanely difficult and expensive and the “yeah, like hell” process of collecting the judgment even if you win. This process is so much more expensive than the cost of the bullet(s) necessary to end the criminal actions of the officer(s) before they could escalate into a need for you to needlessly and wrongfully suffer on the off-chance that you might survive so as to later be afforded the aforementioned and almost certainly useless and losing, but wholly system-approved, course of action. Which anyone with any brains can tell you is just an added feature of the overall function and design of the system that is intended to serve and protect only those that are its true masters or who serve as their faithful servants and lackeys.

I find it rather comical that those in our government offices have the temerity to actually believe, vociferate, and act as if the power and authority that they received from us, can be used to create laws and consequences meant to destroy our ability to maintain control of or take back the very power and authority that we delegated to them. Think about it, they actually believe that they somehow have this “divine right of kings” to try and use we the People’s own delegated authority to violate every right that we have, to use that delegated power and authority to forcibly resist and prevent us from taking back that power and making any changes and corrections that we the People deem proper and necessary to prevent their abuses and hold them accountable, and that we must simply accept the injuries and consequences of their actions until they determine whether or not we have any right or privilege to make a claim challenging the validity of those actions in the first place. And only then can we hope for the opportunity to beg for recompense for our perceived slights at the hands of the agents that work for our own servants.

And you wonder why I refer to these idiots as asylum inmates and escaped mental patients? If ever there was a “fuck you” Kodak moment, it would be during my almost certainly epic response to some petty bureaucrat trying to sell me on this smelly bag of faux-magic horseshit as a societal cure-all in a public forum. I would lay waste to them with a wave of verbal heat and destruction that could melt the cores of a nuclear reactor from a mile away.

Those controlling our system of government from behind the scenes and from its positions of power live solely by the morality of their only creed, “if it’s necessary to make us more powerful and rich, and gains us further control over the masses populating the planet, then it shall be done at all costs.

Our governmental actors and their puppet masters behind the scenes need to remember one very important aspect of “the law of necessity,” it is both a two-way street and a double-edged sword.

Footnotes:

[1] Officer Ray Tensing murders Sam DuBose in Cincinnati.

[2] The new death penalty standards in America.

[3] The false arrest and subsequent wrongful death of Sandra Bland.

[4] NOTE: It is entirely possible for the same individual to be a “carrier” and a “driver.

[5] Source: http://www.statisticbrain.com/driving-citation-statistics/
NOTE:  The data from “Statistic Brain” reflects only “speeding” citations, not an overall cumulative total of all types of traffic citations, which could be reasonably assumed to be a great deal higher in total numbers.

Red Light Camera Citations – Even State Reps Know They Are Bogus

This red light camera enforcement issue goes hand-in-hand with the “administrative surcharges” issue on certain actual traffic citations as BOTH are constitutionally prohibited Bills of Pains and Penalties.

No state legislature, as a matter of constitutional prohibition and mandate, can allow ANY of the contracts with these red light camera companies to remain in force and be paid BECAUSE they were unconstitutional and unconscionable ab initio!

Your legislators, judges and attorneys are blatantly LYING to your face and stealing from you OPENLY in willful defiance of your inherent unalienable RIGHTS! Just how deaf, dumb and ignorant do you intend to remain while your liberty and livelihood is stolen through illegitimate political processes that were NEVER authorized to exist or be used to extort the People of their liberty, lives and property?!?!

It is time to WAKE THE HELL UP!!!

http://thefreethoughtproject.com/state-rep-epic-video-expl…/




What Say You?

Statutory Breakdown of “Speeding” Allegation Elements in Texas

chevrolet-impala-ss-001-HRWhat are the statutory elements required to actually ALLEGE and PROVE a “speeding” offense in Texas? Believe it or not, there are actually 21 individual statutory elements. Yes, that is a two (2) and a one (1). And it is my experience that the STATE knowingly and intentionally avoids providing the required due process Notice of more than two thirds of them in the criminal complaint and other charging instruments.

Which also means that they are denying the Accused in his/her due process right to Notice and defense of those elements, while also making their job as prosecutor unconstitutionally and illegally easier by not having to prove those that they fail or refuse to allege.

This article is intended to teach you how to perform legal analysis and observation in a “connect the dots” fashion.  Read the statutes below and make your own conclusions about the necessary elements as I have listed them. But, while you do so, be sure to ask yourself how both the court and the prosecution can meet their individual burdens of ensuring that the Accused’s right of due process, including the right of proper, sufficient and timely Notice, are properly met under the statutes, as well as how they are not according to how they actually file the complaint.  And I’ll preface that by pointing out this example.

The STATE cannot rely solely upon the elements asserted in Sec. 545.351(a) OR Sec. 545.352 as the basis for the allegation.

The exercise here is for you to figure out and recognize WHY that is and use it to make a defense according to the remaining statutory provisions.

Here are the individual elements that are actually required to be stated in a valid complaint and proven in a Texas “speeding” allegation according to the various interrelated statutes that follow. Consider that a criminal complaint that fails to state each of these elements is insufficient on its face in substance, as it fails to assert the necessary factual elements that would comprise the required legal Notice to the Accused, as well as that of what the state is required to both allege and prove for the allegation. These are direct violations of the right of due process and a total failure of the state to fully meet its burden of Notice and proof.

  • Who (your name),
  • Where (within the geographical boundaries of the city/county of…),
  • When (on April 1, 2016),
  • Did then and there,
  • What (specific regulated subject matter (while engaging in “transportation”)),
  • While [allegedly] acting as an “operator,”
  • Did [allegedly] “drive” (not “operate” like most complaints allege),
  • A[n alleged] “motor vehicle,”
  • Upon a highway of this state,
  • At a[n alleged] speed of xx,
  • Where the posted speed limit was xxx,
  • Which was [allegedly] greater than reasonable and prudent,
  • Under the circumstances and,
  • Conditions then existing,
  • And [allegedly] without regard for actual and potential hazards then existing,
  • Did [allegedly] fail in his duty to exercise due care,
  • By [allegedly] failing to avoid a collision,
  • With another
    1. Person, or
      1. To wit (the injured person’s name),
    2. Vehicle
      1. To wit (the vehicle year, make and model),
  • That was [allegedly]
    1. Traveling on the highway, or
    2. Entering the highway
  • In compliance with law.

At first you will probably see that the breakdown of Secs. 545.351 and 545.352 below look to be like either a bad web page render or is just a series of random and nonsensical breaks in sentence structure. But, if you really look at where and how the breaks in the sentence structure are done, you will see that it is broken down by its statutory parameters of conditions and objects. By breaking a statute down this way, it helps you greatly in clarifying and understanding how it actually reads and what it all means.


TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 545. OPERATION AND MOVEMENT OF
VEHICLES

SUBCHAPTER
A. GENERAL PROVISIONS

 

Sec. 545.351.  MAXIMUM SPEED REQUIREMENT.

(a)  An
operator
may
not
drive
at
a speed
greater
than
is

reasonable
and
prudent

under
the circumstances
then
existing
.

(b)  An operator:

(1)  may not
drive
a vehicle
at
a speed
greater
than
is
reasonable and
prudent

under
the conditions and
having
regard
for
actual and
potential
hazards

then
existing
;  and

(2)  shall
control
the speed

of
the vehicle
as
necessary
to
avoid
colliding

with
another
person

or
vehicle
that
is
on
or
entering
the highway

in
compliance
with
law
and
the duty
of
each
person

to
use
due care
.

(c)  An operator
shall,
consistent
with
Subsections (a) and
(b),
drive
at
an
appropriate
reduced speed
if:

(1)  the operator
is
approaching and
crossing
an
intersection
or
railroad grade crossing;

(2)  the operator
is
approaching and
going
around
a curve;

(3)  the operator
is
approaching
a hill crest;

(4)  the operator
is
traveling on
a narrow
or
winding roadway;  and

(5)  a special hazard
exists
with
regard
to
traffic,
including
pedestrians,
or
weather
or
highway conditions.


Sec. 545.352.  PRIMA FACIE SPEED LIMITS.

(a)  A speed
in excess
of
the limits
established by
Subsection (b)
or
under another provision
of
this
subchapter
is
prima facie evidence
that
the speed
is
not
reasonable and
prudent and
that
the speed
is
unlawful.

(b)  Unless
a special hazard
exists
that
requires
a slower speed
for
compliance
with
Section 545.351(b),
the following speeds
are
lawful:

(1)  30 miles per hour
in
an urban district
on
a street
other
than
an
alley and
15 miles per hour
in
an
alley;

(2)  except
as
provided by
Subdivision (4),
70 miles per hour
on
a highway
numbered by
this state
or
the United States
outside
an
urban district,
including
a farm-to-market
or
ranch-to-market
road;

(3)  except
as provided by
Subdivision (4),
60 miles per hour
on
a highway
that
is
outside
an
urban district and
not
a highway
numbered by
this state
or
the United States;

(4)   outside an
urban district:

(A)  60 miles per hour
if
the vehicle
is
a school bus
that
has passed
a commercial motor vehicle inspection
under
Section 548.201 and
is
on
a highway
numbered by
the United States
or
this state,
including
a farm-to-market road;
or

(B)  50 miles per hour
if
the vehicle
is
a school bus
that:

(i)  has
not
passed
a commercial motor vehicle inspection
under
Section 548.201;
or

(ii)  is traveling
on
a highway
not
numbered by
the United States
or
this state;

(5)  on
a beach,
15 miles per hour;
or

(6)  on
a county road
adjacent to
a public beach,
15 miles per hour,
if
declared by
the commissioners court
of
the county.

(c)  The speed limits
for
a bus
or
other vehicle
engaged
in
the business
of
transporting passengers
for
compensation
or
hire,
for
a commercial vehicle
used as
a highway post office vehicle
for
highway post office service
in
the transportation
of
United States mail,
for
a light truck, and
for
a school activity bus
are
the same
as
required
for
a passenger car
at
the same time and
location.

(d)  In
this section:

(1)  “Interstate highway”
means
a segment
of
the national system
of
interstate and
defense highways
that
is:

(A)  located
in
this state;

(B)  officially designated by
the Texas Transportation Commission;  and

(C)  approved under
Title 23, United States Code.

(2)  “Light truck”
means
a truck
with
a manufacturer’s
rated carrying capacity
of
not
more
than
2,000 pounds,
including
a pick-up truck,
panel delivery truck, and
carry-all truck.

(3)  “Urban district”
means
the territory
adjacent
to and
including
a highway,
if
the territory
is
improved
with
structures
that
are
used for
business,
industry,
or
dwelling houses and
are
located
at
intervals
of
less than
100 feet
for
a distance
of
at least
one-quarter mile
on
either side
of
the highway.

(e)  An entity
that
establishes
or
alters
a speed limit
under
this
subchapter
shall
establish
the same
speed limit
for
daytime and
nighttime.



Now, using the example above of how to break down a statute in order to understand it better, read these statutes and practice breaking them down in the same manner. Don’t worry about how hard it seems at first, because the more you practice doing it, the easier and more natural it feels and becomes. You will be surprised how much easier it gets.

And you will be even more surprised at how you will translate this practice into virtually everything you read. You will gain insight and understanding in written matter that you never knew you were capable of, and how few other people actually understand the things they are reading because they don’t do it. And that especially applies to attorneys.



TRANSPORTATION
CODE

TITLE
7. VEHICLES AND TRAFFIC

SUBTITLE
B. DRIVER’S LICENSES AND PERSONAL IDENTIFICATION CARDS

CHAPTER
522. COMMERCIAL DRIVER’S LICENSES

SUBCHAPTER A. GENERAL PROVISIONS

 

Sec.
522.003.  DEFINITIONS.  In this chapter:

(3)  “Commercial driver’s license” means
a license issued to an individual that authorizes the individual to drive a
class of commercial motor vehicle.

(4)  “Commercial learner’s permit” means
a permit that restricts the holder to driving a commercial motor vehicle as
provided by Section 522.011(a)(2)(B).

(5)  “Commercial motor vehicle” means a
motor vehicle or combination of motor vehicles used to transport passengers or
property that:

(A)  has a gross combination weight or a gross
combination weight rating of 26,001 or more pounds, including a towed unit with
a gross vehicle weight or a gross vehicle weight rating of more than 10,000 pounds;

(B)  has a gross vehicle weight or a gross vehicle
weight rating of 26,001 or more pounds;

(C)  is designed to transport 16 or more
passengers, including the driver; or

(D)  is transporting hazardous materials and is
required to be placarded under 49 C.F.R. Part 172, Subpart F.

(8)  “Department
means the Department of Public Safety.

(9)  “Disqualify” means to withdraw the
privilege to drive a commercial motor vehicle, including to suspend, cancel, or
revoke that privilege under a state or federal law.

(10)  “Domicile” means the place where a
person has the person’s true, fixed, and permanent home and principal residence
and to which the person intends to return whenever absent.

(11)  “Drive
means to operate or be in physical control of a motor vehicle.

(12)  “Driver’s
license
” has the meaning assigned by Section 521.001, except the term does not include a commercial learner’s
permit unless otherwise provided by this chapter.

(13)  “Drug” has the meaning assigned by
Section 481.002, Health and Safety Code.

(14)  “Employer” means a person who owns
or leases a commercial motor vehicle or assigns a person to drive a commercial
motor vehicle.

(15)  “Federal act” means the Commercial
Motor Vehicle Safety Act of 1986 (49 U.S.C. App. Section 2701 et seq.).

(16)  “Foreign jurisdiction” means a
jurisdiction other than a state.

(17)  “Gross combination weight rating”
means the value specified by the manufacturer as the loaded weight of a
combination or articulated vehicle or, if the manufacturer has not specified a
value, the sum of the gross vehicle weight rating of the power unit and the
total weight of the towed unit or units and any load on a towed unit.

(18)  “Gross vehicle weight rating” means
the value specified by the manufacturer as the loaded weight of a single
vehicle.

(19)  “Hazardous materials” has the
meaning assigned by 49 C.F.R. Section 383.5.

(20)  Repealed by Acts 2001, 77th Leg., ch. 941,
Sec. 43, eff. Sept. 1, 2001.

(21)  “Motor
vehicle
” means a vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used on a highway.  The term does not include a vehicle, machine,
tractor, trailer, or semitrailer operated exclusively on a rail.

(22)  “Non-domiciled commercial driver’s
license” means a commercial driver’s license issued by a state to an
individual who is domiciled in a foreign jurisdiction.

(22-a)  “Non-domiciled commercial learner’s
permit” means a commercial learner’s permit issued by a state to an
individual who is domiciled in a foreign jurisdiction.

(23)  “Out-of-service order” means:

(A)  a temporary prohibition against driving a
commercial motor vehicle issued under Section 522.101, the law of another state, 49 C.F.R. Section 383.5,
386.72, 392.5, 392.9a, 395.13, or 396.9, a law compatible with those federal
regulations, or the North American Standard Out-of-Service Criteria; or

(B)  a declaration by the Federal Motor Carrier
Safety Administration or an authorized enforcement officer of a state or local
jurisdiction that a driver, commercial motor vehicle, or motor carrier
operation is out of service under 49 C.F.R. Section 383.5, 386.72, 392.5,
392.9a, 395.13, or 396.9, a law compatible with those federal regulations, or
the North American Standard Out-of-Service Criteria.

(23-a)  “Person
includes the United States, a state, or a political subdivision of a state.

(24)  “Secretary” means the United States
secretary of transportation.

(24-a)  “Seed cotton module” means
compacted seed cotton in any form.

(25)  “Serious traffic violation” means:

(A)  a conviction arising from the driving of a
motor vehicle, other than a parking, vehicle weight, or vehicle defect
violation, for:

(i)  excessive speeding, involving a single charge
of driving 15 miles per hour or more above the posted speed limit;

(ii)  reckless driving, as defined by state or
local law;

(iii)  a violation of a state or local law related
to motor vehicle traffic control, including a law regulating the operation of
vehicles on highways, arising in connection with a fatal accident;

(iv)  improper or erratic traffic lane change;

(v)  following the vehicle ahead too closely;  or

(vi)  a violation of Sections 522.011 or 522.042;  or

(B)  a violation of Section 522.015.

(26)  “State” means a state of the
United States or the District of Columbia.


Sec. 201.904.  SPEED SIGNS.
The department shall erect and maintain on the highways and roads of this state appropriate signs that show the maximum lawful speed for commercial motor vehicles, truck tractors, truck trailers, truck semitrailers, and motor vehicles engaged in the business of transporting passengers for compensation or hire (buses).


TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 541. DEFINITIONS

SUBCHAPTER
A. PERSONS AND GOVERNMENTAL AUTHORITIES

 

Sec.
541.001.  PERSONS.  In this subtitle:

(1)  Operator” means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle.

(2)  “Owner” means, as used in reference
to a vehicle, a person who has a property interest in or title to a
vehicle.  The term:

(A)  includes a person entitled to use and possess
a vehicle subject to a security interest;
and

(B)  excludes a lienholder and a lessee whose
lease is not intended as security.

(3)  “Pedestrian” means a person on
foot.

(4)  “Person” means an individual, firm, partnership, association, or corporation.

(5)  “School crossing guard” means a responsible
person who is at least 18 years of age and is designated by a local authority
to direct traffic in a school crossing zone for the protection of children
going to or leaving a school.


Sec. 24.013.  AIRCRAFT FUEL CONTAINERS;  OFFENSE.

(a)  A person commits an offense if the person
operates or intends to operate an aircraft equipped with:

(1)  a fuel container that the person knows does
not conform to federal aviation regulations or that has not been approved by
the Federal Aviation Administration by inspection or special permit;  or

(2)  a pipe, hose, or auxiliary pump that is used
or intended for transferring fuel to the primary fuel system of an aircraft
from a fuel container that the person knows does not conform to federal
aviation regulations or that has not been approved by the Federal Aviation
Administration by inspection or special permit.

(b)  An offense under Subsection (a) is a felony
of the third degree.

(c)  A peace officer may seize an aircraft
equipped with a fuel container that is the subject of an offense under
Subsection (a).

(d)  An aircraft seized under Subsection (c) may
be forfeited to the Department of Public Safety in the same manner as property
subject to forfeiture under Article 18.18, Code of Criminal Procedure.

(e)  An aircraft forfeited under Subsection (d) is
subject to Chapter 2205, Government Code.

(f)  In this section:

(1)  “Federal aviation regulations”
means the following regulations adopted by the Federal Aviation Administration
as those regulations existed on September 1, 1985, except a regulation in
existence on September 1, 1985, that is inconsistent with a regulation adopted
after that date:

(A)  certification procedures for products and
parts, 14 C.F.R. Part 21;

(B)  maintenance, preventive maintenance,
rebuilding, and alteration regulations, 14 C.F.R. Part 43;  and

(C)  general operating and flight rules, 14 C.F.R.
Part 91.

(2)  Operate” means to use, cause to use, or authorize to use an aircraft for air navigation and includes:

(A)  the piloting of an aircraft, with or without
the right of legal control;

(B)  the taxiing of an aircraft before takeoff or
after landing;  and

(C)  the postflight or preflight inspection or
starting of the engine of an aircraft.


Sec.
541.002.  GOVERNMENTAL AUTHORITIES.  In this subtitle:

(1)  “Department” means the Department
of Public Safety acting directly or through its authorized officers and agents.

(2)  “Director” means the public safety
director.

(3)  “Local authority” means:

(A)  a county, municipality, or other local entity
authorized to enact traffic laws under the laws of this state;  or

(B)  a school district created under the laws of
this state only when it is designating school crossing guards for schools
operated by the district.

(4)  “Police officer” means an officer
authorized to direct traffic or arrest persons who violate traffic regulations.

(5)  “State” has the meaning assigned by
Section 311.005, Government Code, and includes a province of Canada.


TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE J. MISCELLANEOUS PROVISIONS

CHAPTER 724. IMPLIED CONSENT

SUBCHAPTER
A. GENERAL PROVISIONS

 

Sec.
724.001.  DEFINITIONS.  In this chapter:

(1)  “Alcohol concentration” has the
meaning assigned by Section 49.01, Penal Code.

(2)  “Arrest” includes the taking into
custody of a child, as defined by Section 51.02, Family Code.

(3)  “Controlled substance” has the
meaning assigned by Section 481.002, Health and Safety Code.

(4)  “Criminal charge” includes a charge
that may result in a proceeding under Title 3, Family Code.

(5)  “Criminal proceeding” includes a
proceeding under Title 3, Family Code.

(6)  “Dangerous drug” has the meaning
assigned by Section 483.001, Health and Safety Code.

(7)  “Department” means the Department
of Public Safety.

(8)  “Drug” has the meaning assigned by
Section 481.002, Health and Safety Code.

(9)  “Intoxicated” has the meaning
assigned by Section 49.01, Penal Code.

(10)  “License” has the meaning assigned
by Section 521.001.

(11)  Operate” means to drive or be in actual control of a motor vehicle or watercraft.

(12)  “Public place” has the meaning
assigned by Section 1.07, Penal Code.


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