December 08, 2018

 

One’s private life is his alone, even President Trump. The public cannot interfere.

Hale v. Henkel, 201 U.S. 43(1906)

Hale v. Henkel was decided by the united States Supreme Court in 1906. The opinion of the court states, in part:

     Page 201 U. S. 44 "There is a clear distinction between an individual and a corporation, and the latter, being a creature of the State, has not the constitutional right to refuse to submit its books and papers for an examination at the suit of the State;"

     Page 201 U. S. 74 "The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the State, since he receives nothing therefrom beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights."

     Hale v. Henkel is binding on all the courts of the United States of America until another Supreme Court case says it is not. No other Supreme Court case has ever overturned Hale v. Henkel.

     None of the various issues of Hale v. Henkel have ever been overruled.

Since 1906, Hale v. Henkel has been cited by the Federal and State Appellate Court systems over 1,600 times! In nearly every instance when a case is cited, it has an impact on precedent authority of the cited case.

     Compared with other previously decided Supreme Court cases, no other case has surpassed Hale v. Henkel in the number of times it has been cited by the courts.

     "Stare Decisis" is the term to use in an Affidavit as a "Belligerent Claimant at Law" to rebut an alleged frivolous assertion. You may also use Article 4, Section 1,"judicial proceedings" & Section 2 to bolster instructions to the court, pursuant to the Mandatory Judicial Notice of the Federal Rules of Evidence 201-d. The court cannot overlook the 1600 citations wherein Hale v. Henkel has been used to assert the adherence to established precedents and not to disturb or unsettle the same. This is supported by one of the bedrock principles of our legal system is “stare decisis et non quieta movere” which, according to Black’s Law Dictionary, means “[t]o adhere to precedent and not to unsettle things which are established”. Found in Black’s Law Dictionary, Fifth Edition (1979), page 1261, citing Ballard County v. Kentucky County Debt Commission, 290 Ky. 770. (1942), 162 S.W.2d 771, 773. et al.

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