Right to travel / Rights / Due Process / Jurisdiction / Law vs Statutes

RIGHT TO TRAVEL

The right to travel canot be licensed "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness."Thompson v Smith, 154 SE 579.

"Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience "Regulated" here means stop lights, signs, etc. NOT a privilege that requires permission or unconstitutional taxation; i.e. - licensing, mandatory insurance, vehicle registration, etc., requiring financial consideration, which are more illegal taxes." Chicago Motor Coach v Chicago, 169 NE 22

Blacks 2nd, "License: In the law of contracts, is a permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or tort."

RIGHTS

The claim and exercise of a constitution right cannot be converted into a crime4. Miller v. U.S.,

INALIENABLE (Blacks 4th) Not subject to alienation (separation); the characteristic of those things which cannot be bought or sold or transferred from one person to another, such as rivers and public highways, and certain personal rights; e. g., liberty. Inalienable; incapable of being aliened, that is, sold and transferred.

RIGHT (Blacks 4th) "Rights" are defined generally as "powers of free action." And the primal rights pertaining to men are undoubtedly enjoyed by human beings purely as such, being grounded in personality, and existing antecedently to their recognition by positive law. FREE. Not subject to legal constraint of another. Unconstrained; having power to follow the dictates of his own will. Not subject to the dominion of another. Not compelled to involuntary servitude. Used in this sense as opposed to "slave."

Rights are not a crime We the People have right to exercise rights, right to practice law, right to proceed in courts without cost, right to travel, right of privacy, right to be let alone and right to defend just to name a few. In conclusion I have a right to do anything I please as long as I do not injure another or currupt the morals of a minor.

RIGHTS

The claim and exercise of a constitution right cannot be converted into a crime4. Miller v. U.S.,

INALIENABLE (Blacks 4th) Not subject to alienation (separation); the characteristic of those things which cannot be bought or sold or transferred from one person to another, such as rivers and public highways, and certain personal rights; e. g., liberty. Inalienable; incapable of being aliened, that is, sold and transferred.

RIGHT (Blacks 4th) "Rights" are defined generally as "powers of free action." And the primal rights pertaining to men are undoubtedly enjoyed by human beings purely as such, being grounded in personality, and existing antecedently to their recognition by positive law. FREE. Not subject to legal constraint of another. Unconstrained; having power to follow the dictates of his own will. Not subject to the dominion of another. Not compelled to involuntary servitude. Used in this sense as opposed to "slave."

Rights are not a crime We the People have right to exercise rights, right to practice law, right to proceed in courts without cost, right to travel, right of privacy, right to be let alone and right to defend just to name a few. In conclusion I have a right to do anything I please as long as I do not injure another or corrupt the morals of a minor.

SPONTANEOUS PLANNING vs GOVERNMENT PLANNING

DUE PROCESS

Bill of Rights Amendment V: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The question is what is an Infamous crime: Blacks Law 4th states: "A crime which entails infamy (state of dishonor) upon one who has committed it. Butler v. Wentworth, 84 Me. 25, 24 A. 456, 17 L.R.A. 764. The term "infamous" e., without fame or good report—was applied at common law to certain crimes, upon the conviction of which a person became incompetent to testify as a witness. A crime punishable by imprisonment."

Conclusion: Anybody that is facing jail time "MUST" be indcited and tried in a Court of Law, a summons or a police report is not sufficient. Additionally there is a common law maxim that states “in order for there to be a crime there must be a sworn affidavit by an injured party and the state cannot be that injured party.”

Any Sheriffs finding that he inherited the housing of prisoners in the County Jail that did not get due process, is housing political prisoners and would be guilty of conspiracy if he did not do the right thing as soon as he awakened and realized it.

Any court that does not necessitate due process, would not be a Court of Law; city courts, town courts and village courts do not necessitate due process but statutes. So, what is the solution? The answer is to petition the Grand Jury in a Federal Court for a Habeas Corpus and the court will demand proof of due process and if they fail to prove due process the Court will order their release. If you cannot find a Common Law Grand Jury in your Federal District we already have jury pools nation-wide in all ninety-four (94) Federal Districts in America and our Administrators can help initiate the paper work and court process.

JURISDICTION

Only Courts of Record, a/k/a Common Law Courts have jurisdiction over the People. All courts of record proceed with a tribunal a/k/a Jury under the rules of Common Law. All city, town, criminal, and village courts are not courts of record because they proceed according to the rules of chancery and not law and therefore have no jurisdiction over the People. If a Judge refuses to answer the accused by what authority they act then they do not have jurisdiction. The only answer is “Common Law”, U.S. Constitution article VI.

"Trial court acts without jurisdiction when it acts without inherent or common law authority, ..." State v. Rodriguez, 725 A.2d 635, 125 Md.App 428, cert den 731 A.2d 971,354 Md. 573 (1999)

Any court that proceeds with summary judgments are not common law courts and have no jurisdiction over the People.

Summary proceeding: Blacks 4th "Any proceeding by which a controversy is settled, case disposed of, or trial conducted, in a prompt and simple manner, without the aid of a jury, without presentment or indictment, or in other respects out of the regular course of the common law. In procedure, proceedings are said to be summary 'when they are short and simple in comparison with regular proceedings; ie., in comparison with the proceedings which alone would have been applicable, either in the same or analogous cases, if summary proceedings had not been available." Sweet. See Phillips v. Phillips, 8 N.J.L. 122.

"As to the construction, with reference to Common Law, an important cannon of construction is that constitutions must be construed to reference to the Common Law. The Common Law, so permitted destruction of the abatement of nuisances by summary proceedings1 and is was never supposed that a constitutional provision was intended to interfere with this established principle and although there is no common law of the United States in a sense of a national customary law as distinguished from the common law of England, adopted in the several states. In interpreting the Federal Constitution, recourse may still be had to the aid of the Common Law of England. It has been said that without reference to the common law, the language of the Federal Constitution could not be understood." - 16American Jurisprudence 2d., Sec. 114:

"If there is no sworn affidavit by an injured party there is no crime, there can be no case: No more than an affidavit is necessary to make the prima facie case."  United States v. Kis, 658 F.2d 526, 536 (7th Cir. 1981); Cert. Denied, 50 U.S. L. W. 2169; S. Ct. March 22, 1982

"Allegations in an affidavit in support of a motion (action) must be considered as true in absence of counter-affidavit." Group v Finletter, Group v Finletter, 108 F. Supp. 327

"Silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading." U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden, 424 F.2d 1021, 1032; Carmine v. Bowen, 64 A. 932.

"The appropriate party to attest to the facts is the plaintiff himself, not the plaintiff's attorney, an attorney's affidavit that is not based upon personal knowledge is without value and is insufficient as an affidavit."Romel v. Reale, 155 A.D.2d 747, 547 N.Y.S.2d 691 (3d Dep't 1989)

Any court that proceed against the People with statutes and not the law of the land are not common law courts and have no jurisdiction over the People.

"All codes, rules, and regulations are for government authorities only, not human/Creators in accordance with God's laws. All codes, rules, and regulations are unconstitutional and lacking due process…" Rodriques v. Ray Donavan (U.S. Department of Labor) 769 F. 2d 1344, 1348 (1985).

"All laws, rules and practices which are repugnant to the Constitution are null and void" Marbury v. Madison, 5th US (2 Cranch) 137, 180

"For a crime to exist, there must be an injured party. There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights."- Sherar v. Cullen, 481 F. 945.

"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, (the Constitution) it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." [Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886)]

"There, every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowman without his consent." [Cruden v. Neale, 2 N.C. 338 (1796) 2 S.E.]

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

Sheriffs are not to carry out the decisions of courts not of record and have a duty to arrest judges and prosecutors who continue to precede under the color of law to prosecute We the People.

THE COMMON LAW COURT STRUCTURE

1. "The Tribunal (grand or trial jury) A judicial tribunal  having attributes and exercising functions independently of the person of the magistrate designated generally to hold it." Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689][Black's Law Dictionary, 4th Ed., 425, 426
2. Magistrate (maintains order has no power to judge)
3. Coroner (usually in murder cases and can perform the duties of a magistrate)
4. Prosecutor (district attorney or U.S. attorney)
5. Bailiff (Sheriffs’ or Marshalls’ Deputies) without a Sheriff or a Marshal there can be no common law court because there would be no one to enforce the law (Constitution). The Sheriff and the Marshal has a duty to arrest any elected or appointed court officer if they violate the Peoples unalienable rights and this includes the Magistrate (Judge) and the prosecutor.

LAW v STATUTES

Laws are created by God (common law) and written in the hearts of all men thou shall not kill, thou shall not steal and simply put thou shall do no harm. Statutes are written by men to control society. Lawful statutes that become law are governed by two documents the U.S. Constitution and the Bill of Rights. Constitutions are written and initiated by the People to give government limited but necessary powers. U.S. legislative power is limited to eighteen (18) powers see U.S. Constitution Article I Section 8, and Quo Warranto from We the People, filed in all 94 Federal District Courts, served upon all State and U.S. Governments reminding them of their limited powers. All state constitutions are restricted by the U.S. Constitution.

U.S. Constitution Article VI "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

"Rights" are defined generally as "powers of free action." And the primal rights pertaining to men are undoubtedly enjoyed by human beings purely as such, being grounded in personality and existing antecedently to their recognition by positive law. Being free is to be not subject to legal constraint of another. Being unconstrained is having power to follow the dictates of one’s own will; not subject to the dominion of another; not compelled to involuntary servitude as opposed to "slave." [Black's Law 4th edition]

"Rights are not a crime; the claim and exercise of a constitution right cannot be converted into a crime."[Miller v. U.S. 230 F 486 at 489].

There can be no sanction or penalty imposed upon one because of his exercise of Constitution rights." [Sherar vs. Cullen 481 F 2D 946, (1973)].

We find it intolerable that one constitutional right should have to be surrendered in order to assert another."[Simmons vs. U.S. 390, U.S. 389(1968)].

The claim and exercise of a constitution right cannot be converted into a crime." [Miller v. U.S. 230 F 486 at 489].

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them" [Miranda v. Arizona, 384 U.S. 436, 491]

Governments use statutes to control the will of society and the individuals. This kind of statutory control dates back to Babylon and as a government ratchets down the control of the People, they become more and more authoritarian, whereas egotistical power hungry people fill the positions, that lord over the People to the point that just challenging these People will find them in jail, whether they are guilty of a crime or not. A Society will be as just as its courts. The American People do not need government to control their will and punish ttheir every action, thats what totalitarian governments do.

Under common law We the People are responsible for our own actions, this is written in the hearts of men and if we injure another just courts require restitution not punishment, whereas crimes often require both restitution and punishment that actually restores people back into society. Clearly our out of control judiciary does not, will not and cannot accomplish this goal because they rule by status quo, statutes and vindictiveness and not just laws. The following videos prove the point.

Source:

https://www.nationallibertyalliance.org/countysheriff