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Postal Zone: 94086-0400
Dictionary, Fifth Edition. (Hereinafter: Black's, Page _____.)
Bouvier's Law Dictionary and Concise Encyclopedia, Third revision (Eighth
Edition) 1914, ISBN 0-8994-335-8, (Hereinafter: Bouvier's Volume _____, Page
Constitution FOR the United States of America (hereinafter: by Article or
Amendment), in pari materia with the California Constitution pursuant to
Article III, Section 1 thereof.
The Supreme Court on ABROGATION OF RIGHTS: Miranda v. Arizona, 384 U.S. 436,
The Supreme Court on COMMON-LAW PLEA TO JURISDICTION: Roberts v. Lewis 144
The Supreme Court on the COURTS OF STAR CHAMBER: Faretta v. California, 422
The Supreme Court on JURISDICTION: Maxfield's Lessee v. Levy 4 U.S. 308,
311, 312 (1797).
The Supreme Court on RIGHTS OF CONTRACT: Hale v. Henkel, 20 U.S. 43, 74-75
"The status of an individual used as a legal term, means the legal position
of the individual in or with regard to the rest of the community. L. R. 4
P.D. 11. The rights, duties, capacities and incapacitates which determine a
person to a given class, constitutes his status; Campb. Austin 137. ... ...
The action of assumpsit must be reckoned a technical instrument which gave
no small help to the forces which were making for the transition from status
to contract; 3 Holdsw. Hist. E. L. 349." Bouvier's Volume 3, page 3129.
NATURE'S GOD Created Mankind, Mankind created Constitutions, Constitutions
created governments created Rules, Codes, Regulations, and/or Statutes
(hereinafter called Enactments), most of which are nefariously Executed and
Applied as some government -sponsored Court - Crime -Revenue
The presumption that the THE PEOPLE are subject to government Jurisdiction
by way of government Enactments, presumes that THE PEOPLE are subject to
those Jurisdictions created by the Constitutions, which in-turn created Such
governments in a self-perpetuating fashion.
The Colonists' intent not to create a SOVEREIGN but rather, to further bind
the Branches of government is made clear in the Preamble To The Bill Of
Rights-December 15, 1791.
"The conventions of a number of the States having at the time of their
adopting the Constitution, expressed a desire, IN ORDER TO PREVENT
MISCONSTRUCTION OR ABUSE OF ITS POWERS, THAT FURTHER DECLARATORY AND
RESTRICTIVE CLAUSES SHOULD BE ADDED: And as extending the Government, will
best insure the beneficent ends of its institution."
The Unlawful presumption that the Colonists intended to establish a
SOVEREIGN, by Their Constitutional Charter, thereafter conferring upon Such
SOVEREIGN certain Jurisdiction over the Colonists Themselves, is properly
debunked by: Article I., Section 9, Clause 8
"No Title of
Nobility shall be granted by the United States: --"and Article I., Section
10, Clause 1 "No State shall ... grant any Title of Nobility."
emanating from a presumption of a fiction is presumptive or fictitious, and
Such is a Factitious Tool For Unlawful Control. Government sovereignty over
THE PEOPLE is a presumption and a fiction, and which when once repudiated,
must thereafter be proved to exist.
If the Individual cannot be Proved to be subject to the Jurisdiction of any
Constitution or Other Social Contract or Compact, He also cannot be proved
to be subject to the Jurisdiction of any Branch of government Created
Thereunder. Likewise, if it cannot be Proved that The Individual is DIRECTLY
Subject to the Jurisdiction of any Legislature, it also cannot be Proved
that He is INDIRECTLY Subject to Such Jurisdiction by way of any Legislative
Enactments. In the absence of proof that The Individual is subject to the
Jurisdiction of any Constitution or other Social Contract or Compact,
Jurisdiction over Him DOES NOT EXIST.
The general requirement that "... the burden is on the defendant to show the
nonexistence of Jurisdictional facts; Russell v. Butler, (Tex. civ App.) 47
S.W.406; Gilchrist v. Oil Land Co., 21 W.Va.115, 45 Am.Rep.555.", (Bouvier's
Volume 2, Page 1763), is resolved by Article VI which defines exactly Who is
subject to the Jurisdiction of the Constitution, and exactly Who shall be
Contractually Bound by Oath or Affirmation to support Such Constitution in
Consideration for Offices Of Public Trust and those Benefits of Public
Service and Public Employment. "... The Senators and Representative before
mentioned, and the members of the several State Legislatures, and all
executives and judicial Officers, both of the United States and of the
States, shall be bound by Oath or Affirmation, to support this Constitution;
..." Article VI
Since the intent of
Article VI is to define exactly to Whom the Constitutional Jurisdiction
applies; since the fact exists that THE PEOPLE are excluded from the
requirements of Article VI, prima facie; See: INCLUSIO UNIS EST EXCLUSIO
ALTERIUS: Black's, Page 687; since no presumption that THE PEOPLE are
subject to the Jurisdiction of the Constitution is, or can be made; since
all Constitutions are considered in pari materia with all other
Constitutions; since all Constitutions are subject to the provisions of
Article VI; since no Constitution operates on THE PEOPLE at-large by virtue
of the fact that THE PEOPLE are excluded from the requirements of Article
VI, et sqq; then in pursuing His occupations of Common-Right, the Individual
has made no Oath or Affirmation supporting any Constitution, and He is not
subject to any Constitutional Jurisdictions.
CONCLUSION - SUMMARY
If The Individual is not subject to any Constitutional Jurisdictions, He is
also not subject to any Enactment made by any Constitutionally Created
Legislature; if He is not subject to any Constitutional Jurisdictions, He is
also not subject to any Jurisdiction presumed by any
Constitutionally Created Executive Branch of Government; and if He is not
subject to any Constitutional Jurisdictions, He is also not subject to any
Jurisdiction presumed by any
Constitutionally Created Judiciary.
In the complete
absence of any Lawful and verified Oath or Affirmation made by a
Non participant Individual, to support any Constitution; or in the complete
absence of proving a Higher Title to that Property Known and Described as
the Non participant Individual Himself, In Personam Jurisdiction does not
exist; and in the complete absence of proving a Lawful and voluntary
contract made by Such Non participant, pledging Himself and/or His Property-
Rights to certain specified performance, Subject Matter Jurisdiction does
not exist; and in the complete absence of any Lawful and verified complaint
made against Such Non participant, wherein a Real Injured Party Claims a
Damage, no criminal Jurisdictions exist; thus in the complete absence of
proving the existence of either In Personam and or Subject Matter
Jurisdiction, governmental Jurisdiction over the Non participant Individual
does not exist. QUOD ERAT DEMONSTRANDUM.
perpetrated by any Constitutional Created Branch of government while absent
Jurisdiction; every Such Act being required to be made unlawfully under
Forces of Arms; and every Such act having been made without probable cause;
then, every Such Act is required to have been made as a Trespass, and/or
other Tort upon a Non participant Individual, and shall
constitute a Case to be pursued against the Perpetrator in an Action At Law
for the recovery of Damages.