Words from the Rising Republics

February 27, 2012

FOOD FOR THOUGHT

In the United States the People are sovereign and the government cannot   sever its relationship to the People by taking away their citizenship. Afroyim  v Rusk, 387  U.S. 253 (1967).

Officers of the Court have no immunity, when violating a Constitutional right, from liability, for they are deemed to know the law. Owen v Independence, 100 S.C.T. 1398, 445 US 62

The 14^th Amendment, Section 3, of the Constitution of the United States says, having previously taken an oath… as an officer of the United States or as an executive or judicial officer of the states, to support the Constitution of the United States. No person shall… hold any office, civil or military, under the united States who, States, shall have engaged in insurrection or rebellion against the same, or give aid or comfort to the enemies thereof.

Title USC SECTION 4 Mis-prison of Felony: Who ever, having knowledge of the actual commission of a felony cognizable by a court of the united States, conceals and does not as soon as possible make known the same to some Judge or other person in civil or military authority under the united States, shall be fined under this Title or imprisoned not more than three years or both.

Rulings and orders done without jurisdiction, either subject matter or personal jurisdiction must be set aside are void (ab initio).  Jaffe and Asher v Van Brunt, S.D.N.Y.1994. 158 F.R.D. 278.

A  State Constitutional provision prohibiting Courts from passing on Constitutional questions takes from the accused the right of interposing the defense the act under which he is prosecuted is unconstitutional, and is invalid as violating the Due Process of Law clause.  People v Max, 70 Colo. 100, 198 P. 150 (1921)

Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. (liljeberg v Health Service Acquisition Corp, 486 U.S. 847, 108 s. Ct. 2194 (1988) ( what matters is not the reality of bias or prejudice but its appearance);

Officers of the Court have no immunity, when violating a Constitutional right, from liability, for they are deemed, to know the law. Owen v Independence, 100 S.C.T. 1398, 445 US 622:

The State constitutional provision prohibiting Courts from passing on Constitutional questions takes from the accused the right of interposing the defense the act under which he is prosecuted is unconstitutional, and is invalid as violating the Due Process of Law clause. (People v Max, 70 Colo. 100, 198 P. 150 (1921).

“ Sovereign immunity does not apply where (as here) government is a lawbreaker or jurisdiction is the issue.” Arthur  v  Fry, 300 F. Supp, 622 (1960).

Knowing failure to disclose material information necessary to prevent statement from being misleading, or making representation despite knowledge that it has no reasonable basis in fact, are actionable as fraud under law. Rubinstein  v  Collins, 20 F.3D 160, 1990.

Party in interest may become liable for fraud by mere silence acquiescence and partaking of benefits of fraud. ( Bransom  v  Standard Hardware, Inc, 874 S.W. 2d 919, 1994).

Fraud vitiates the most solemn contracts, documents, and even judgments, (U.S. v Throckmorton, 98 U.S. 61 ( underline emphasis.)

 

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