| View single post by Joe Kelley | |||||||||||||
| Posted: Fri Feb 15th, 2019 08:51 pm |
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Joe Kelley
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"...the moving parties rationale for seeking standing to sue." Failing to understand the nature of a criminal organization leads to this type of farcical argument. The criminals who took over the lawful government in America admit their criminality. “... [C]onstitutional standing [is] ... a word game played by secret rules.... Characterized neither by the private rights model of the seven common law forms of action nor by the "injury-in-fact" paradigm of modern standing doctrine, these matters took forms astonishingly similar to the "standingless" public action or "private attorney general" model that modern standing law is designed to thwart.... Adjudicatory models premised on a part-whole schema, like mandamus, are ultimately crowded out of our concept of justiciable controversies.... Procedurally, the models of access for raising claims of public right allowed individuals to command the attention of the law, as in the private rights model.... The Frothingham Court began its analysis with a discussion of nonconstitutional doctrines of equity, proceeded to reason from the constituent model in a way that shows clear prototype effects, then rejected the intermediate status of the public rights model, and finally raised constitutional considerations that helped lead to a modern conception of standing.... For over a hundred years, the metaphor of "standing" was shorthand for the question of whether a plaintiff had asserted claims that a court of equity would enforce....” The Metaphor of Standing and the Problem of Self-Governance. Steven L. Winter When the criminals claim that they fear “democracy,” or “mob rule,” they lie. They fear government by the whole people, and they fear the loss of their power to sway, control, and maneuver the mobs they create with their lies. They fear a shift of power from their hands as that power shifts to the hands of everyone as everyone is on an equal footing when government is enforced by the whole body of people, as it was, and as it is, exemplified in times and places where rule of law takes on a form such as the common law, with independent grand juries, independent trial juries, natural rights, and basic moral principles; such as the golden rule. “The fact that, in that dark age, so many of the principles of natural equity, as those then embraced in the Common Law, should have been so uniformly recognized and enforced by juries, as to have become established by general consent as “the law of the land;” and the further fact that this “law of the land” was held so sacred that even the king could not lawfully infringe or alter it, but was required to swear to maintain it, are beautiful and impressive illustrations of the truth that men’s minds, even in the comparative infancy of other knowledge, have clear and coincident ideas of the elementary principles, and the paramount obligation, of justice. The same facts also prove that the common mind, and the general, or, perhaps, rather, the universal conscience, as developed in the untrammelled judgments of juries, may be safely relied upon for the preservation of individual rights in civil society; and that there is no necessity or excuse for that deluge of arbitrary legislation, with which the present age is overwhelmed, under the pretext that unless laws be made,the law will not be known; a pretext, by the way, almost universally used for overturning, instead of establishing, the principles of justice.” Lysander Spooner, Essay on the Trial by Jury, 1852 To enslave people the professors of slavery claim ownership of everything, including land. If they can claim ownership of people, and get away with it, they can claim ownership of land and get away with that too. If you disagree, then they alone decide if you have standing, which is the power to disagree. The common law, moral, lawful, legal, right, to own land, free of encumbrances, which is an allodial title, in so many words in English, is an ancient concept, along with the right to breath air, eat food, make a living, and defend life, property, and thereby maintain liberty. Why has it been called the law of the land since ancient times? “We have hitherto met you in the field of battle, with hostile minds, urged on by the great principle of self-defense; yet in those instances, where the fortune of war hath delivered any of your countrymen into our hands, we appeal to them that our enmity hath ceased the moment they were disarmed; and we have treated them more like citizens than prisoners of war. We now address you as part of the great family of mankind, whose freedom and happiness we most earnestly wish to promote and establish. Distain, then, to continue the instruments of frantick ambition and lawless power. Fee the dignity and importance of your nature. Rise to the rank of free citizens of free states. Desist from the vain attempt to ravage and depopulate a country you cannot subdue, and accept from our munificence what can never be obtained from our fears. We are willing to receive you with open arms into the bosom of our country. Come, then, and partake of the blessings we tender to you in sincerity of heart. In the name of these sovereign, free, and independent states we promise and engage to you that great privilege of man, the free and uninterrupted exercise of your religion, complete protection of your persons from injury, the peaceable possessions of the fruits of your honest industry, the absolute property in the soil granted to you to defend, unless you shall otherwise dispose of it, to your children and your children's children for ever.1 Resolved, That it be recommended to the several states, who have vacant lands, to lay off with as much expedition as possible, a sufficient quantity of lands to answer the purposes expressed in the forgoing address; for which lands no charge is to be made against the United States.” Journals of the Continental Congress, 1778 Previous to the take over by the criminal mobs the actual federal government maintained a competition which afforded the whole people many choices as to which Nation-State maintained the highest quality and lowest cost provider of government services. In that lawful form of federating large areas of land, it was possible for people to invest in the best government that money could buy, and those people who choose independent, lawful, co-existence, had many flavors of that chosen life from which to choose the best freedom, in the best liberty, as they independently judge at liberty. “Since the establishment of our new government, this order of things is but little changed. An individual, wishing to appropriate to himself lands still unappropriated by any other, pays to the public treasurer a sum of money proportioned to the quantity he wants. He carries the treasurer's receipt to the auditors of public accompts, who thereupon debit the treasurer with the sum, and order the register of the land-office to give the party a warrant for his land. With this warrant from the register, he goes to the surveyor of the county where the land lies on which he has cast his eye. The surveyor lays it off for him, gives him its exact description, in the form of a certificate, which certificate he returns to the land-office, where a grant is made out, and is signed by the governor. This vests in him a perfect dominion in his lands, transmissible to whom he pleases by deed or will, or by descent to his heirs if he die intestate.” Thomas Jefferson, Notes on the State of Virginia, 1787. Before the crooks took over America it was our known duty, our power, to hold the local and the state government accountable by lawful means, such as the discovery of probable cause to indict crooks in government made by independent grand juries, and trial by the country of the accused in those indicted cases of suspected crooks in government. It was the States duty to hold the federal government accountable, and it was the prerogative of the States to choose to remain a member of the federation and pay for it, or not. That prerogative held by the States was lost, as was the power of the whole people as one to hold the government to account, that was lost too when the crooks took over. Also lost was the power to move from one despotic slave state to a state that was not despotic, to do so without an army of slaves hunting you down so as to return you to your masters, hunting you down in any part of the Consolidated Nation State that usurped the Federation of Independent States. It would be interesting, in my opinion, to discuss this topic in detail, something an independent Grand Jury might do, but that is not what has been left to us by our criminal ancestors, and we live in a world run by criminals, and those criminals do not want their victims to know anything of value that might tip the scale in favor of rule of law.
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