Every Man Is Independent of All Laws
Every Man Is Independent of All Laws
Every Man Is Independent of All Laws
He is not
bound by any institutions formed by his fellowmen without his consent. CRUDEN v.
NEALE 2N.C. (1796) 2 SE 70
The Right to Park or Travel is part of the Liberty of which the Natural Person, citizen
cannot be deprived without “due process of law” under the 5th Amendment of the
United States Constitution. Kent v. Dulles 357 US 116, 125
State Police Power extends only to immediate threats to public safety, health, welfare,
etc., Michigan v. Duke 266 US, 476 Led. At 449: which driving and speeding are not.
California v. Farley Ced. Rpt. 89, 20 CA3rd 1032 (1971)
Traffic infractions are not a crime. People v. Battle, 50 Cal. App. 3,step 1, 123
Cal.Rptr. 636,639
Under the United States Republic’s Constitutional system of Government and upon
the individuality and intelligence of the citizen, the State does not claim to control
one’s conduct to others, leaving one the sole judge as to all that affects oneself. Mugler
v. Kansas 1213 US 623, 659—60
As stated by the Supreme Court of Illinois in a case involving this same sect and
an ordinance similar to the present one, a person cannot be compelled "to
purchase, through a license fee or a license tax, the privilege freely granted by the
constitution."[9] Blue Island v. Kozul, 379 Ill. 511, 519, 41 N.E.2d 515.
The power to impose a license tax on the exercise of these freedoms is indeed as
potent as the power of censorship which this Court has repeatedly struck down.
Lovell v. Griffin, 303 U.S. 444; Schneider v. State, supra; Cantwell v.
Connecticut, 310 U.S. 296, 306; Largent v. Texas, 318 U.S. 418; Jamison v.
Texas, supra.
Speeding, driving without a license, wrong plates or no plates, no registration, no tags
, etc., have been held to be “non-arrestable” offenses.
Cal. V. Farley, 98 Cal. Rep. 89., 20 CA 3d 1032
No state government entity has the power to allow or deny passage on the highways,
byways, nor waterways… transporting his vehicles and personal property for wither
recreation or business, but by being subject only to local regulation i.e., safety
caution, traffic lights, speed limits, etc. Traveling is not a privilege requiring licensing,
vehicle registration, or forced insurance.
Chicago Coach Co. V. City of Chicago, 227 Ill. 200, 169 N.E. 22.
The United States Supreme Court ruled that a police officer could not arrest a citizen
merely for refusing to present identification. Kolender v. Lawson (461 U.S. 352,
1983)
A right which is free and open to all is not the subject of a license or tax. Chicago v
Collins, 51 NE 907; Freeburg v Dawson 274 F 240
Traveling in an automobile on the public roads was not a threat to the public safety or
health and constituted no hazard to the public, and such a traveler owed nothing
more than “due care” (as regards to tort for negligence) to the public and the owner
owed no other duty to the public (eg. State), he / she and his / her auto, having equal
rights to and on the roadways / highways as horses and wagons, etc.; this same right
is still substantive rule, in that speeding, running stop signs, traveling without license
plates, or registration are not threats to the public safety, and thus, are not arrestable
offenses. Christy v. Elliot, 216 I 131, 74 HE 1035, LRA NS 1905 – 1910:
California v. Farley 98 CED Rpt. 89, 20 CA 3d 1032 (1971):
Where rights secured by the Constitution are involved, there can be no rule making or
legislation which would abrogate them.” Miranda v. State of Arizona, 86 S.Ct. 1602
at 1636, 384 U.S. 436 at 491 (U.S.Ariz.1966)
Persons are not the subjects of commerce, and not being imported goods, they do not
fall within the meaning founded upon the constitution, of a power given to congress, to
regulate commerce, and the prohibition of the states for imposing a duty on imported
goods. Ibid; Gibbons v. Ogen 9 Wheat 1; 5 Cond. Rep. 562.
The Right of a citizen to Travel upon the public highways and to transport one’s
property thereon, either by carriage or automobile, is not a mere privilege which a city
may prohibit or permit at will but a common right which he / she has under the right
to life, liberty, and the pursuit of happiness. Thompson v. Smith 154SE 579:
A right which is free and open to all is not the subject of a license or tax. Chicago v
Collins, 51 NE 907; Freeburg v Dawson 274 F 240
No state shall convert a liberty into a privilege, license it, and attach a fee to it.
Murdock v. Penn., 319 US 105
If the state converts a liberty into a privilege, the citizen can engage in the right with
impunity. Shuttlesworth v. Birmingham, 373 US 262
The Right to Travel; The Right to Mode of Conveyance; The Right to Locomotion are all
absolute rights, and the police cannot make void the exercise of rights. State v.
Armstead, 60 s. 778, 779, and 781
The State is prohibited from violating substantive rights. Owens v. City, 445 US 662
(1980); and it cannot do by one power (eg. Police power) that which is, for example,
prohibited expressly to any other such power (eg. Taxation / Eminent Domain) as a
matter of law. US and UT v. Daniels, 22 p 159, nor indirectly that which is prohibited
to it directly. Fairbanks v. US 181, US 283, 294, 300:
Where rights secured by the Constitution are involved, there can be no rule-making or
legislation, which would abrogate them. Miranda v. Arizona 384 US 436, 125
It is not the duty of the police to protect you. Their job is to protect the corporation
and arrest code breakers. SAPP vs Tallahassee, 348 So. 2 nd. 363, Reiff vs City of
Phila.
If this is a Criminal Matter, there must exist an injured party, of which I would be
obligated to make remedy to. If this is a Civil Matter, there must be an injured party,
or property, even unto a preponderance of evidence. If this is an Administrative Court
(Traffic Court) as well, there must be an injured party as defined in the established
Rule of Law, submitted in Exhibit A: Board of Trade v. Olson, 262 US 1; 29 ALR 2d
105.
Sheriff. In American Law; The chief executive and administrative officer of a county,
being chosen by popular election. His principal duties are in aid of the criminal courts
and civil courts of record; such as serving process, summoning juries, executing
judgments, holding judicial sales and the like. He is also the chief conservator of the
peace within his territorial jurisdiction. Harston v. Langston, Tex.Civ. App., 292 S.W.
648, 650. – Blacks Law 4th ed.
The better to secure and perpetuate mutual friendship and intercourse among the
people of the different States in this Union, the free inhabitants of each of these
States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all
privileges and immunities of free citizens in the several States; and the people of
each State shall have free ingress and regress to and from any other State, and
shall enjoy therein all the privileges of trade and commerce, subject to the same
duties, impositions, and restrictions as the inhabitants thereof respectively, provided
that such restrictions shall not extend so far as to prevent the removal of property
imported into any State, to any other State, of which the owner is an inhabitant;
provided also that no imposition, duties or restriction shall be laid by any State, on the
property of the United States, or either of them.
Constitution for the united States of America Article VI (Article 6 - Prior Debts,
National Supremacy, Oaths of Office)
1: All Debts contracted and Engagements entered into, before the Adoption of this
Constitution, shall be as valid against the United States under this Constitution, as
under the Confederation.
2: 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, any Thing in the Constitution or Laws of any State to
the Contrary notwithstanding.
3: The Senators and Representatives before mentioned, and the Members of the
several State Legislatures, and all executive and judicial Officers, both of the United
States and of the several States, shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a Qualification to any
Office or public Trust under the United States.