http://wiretap.area.com/Gopher/Libra...hts/travel.rgt
"HOW-TO" INFORMATION FOR SOVEREIGNS
6TH-AMENDMENT JURISDICTIONAL CHALLENGE
by Howard J. Freeman
--------------------------------------
AMENDMENT VI
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to
have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence."
Since we often deal with usurpation of power by the hirelings of government, it is not a single lawless action that we must contend with, but rather a 180 degree turning in the "order of power" making the sovereign citizens, under "de jure" government, into subjects of the bureaucrats in our present "de facto" government."
We all know that true "law" leaves everyone free to do as one pleases so long as there is no damage done to life, liberty or property of another. Upon a sworn complaint of damage by a fellow sovereign citizen, one may be brought into a Court of Law and ordered to pay for proven damage to another. That is where true law ends. When we come upon something "called" law which compels us to perform in some specified manner, we know
that what is "called" law in that instance, is "not true law," but that it properly comes under what our Constitution terms as "equity." Equity Jurisdictions are authorized in our Constitution, and they stem from our unlimited right to contract. An Equity Jurisdiction compels performance upon the exact letter of any contract obligation. So any statute,
ordinance or regulation which compels us to perform in a specified manner must, of necessity, involve a contract of some kind: be it written, oral
or implied. It is around "implied" contracts that licensed attorney legalese has worked to "use our Constitution" to destroy our rights declared to be inalienable rights by the Constitution and unalienable by the Declaration of Independance, the Supreme Law of the Land and of the Law of Nations.
The Constitution is still an obstacle in the path of those who seek complete and absolute mastery over the citizens of this nation. The obstacle in the path is, that State Statutes or City Ordinances that compel performance around a contractual base of American contractual law must be considered "Civil" Statutes or "Civil" ordinances to be enforceable in an
Equity Jurisdiction, and Article III, Sec. 2, Clause 2 of the U.S. Constitution states that any Civil controversy in which a State is a party, cannot be tried in a State Court, but that the U. S. Supreme Court has original jurisdiction in such cases. So, States and Municipalities, in order to try violations of State Statutes or Municipal Ordinances in their
own Courts, have to declare that said violations are of a "Criminal" nature, since State and Municipal Courts are empowered with a Criminal
Jurisdiction to hear offenses against the people of the City. It is in this area that the Sixth Amendment approach to a jurisdictional challenge
is effective, and it works as follows:
Suppose you are stopped for not using your car's seat belts in a State which has a statute that compels performance in the fastening of seat belts in any moving motor vehicle. It is foolish to talk to the arresting officer; demand of him only that you be tried in a Court of Record. At arraignment in such a Court the Judge will read the charge, and the State
Statute that you supposedly violated. He will call the Statute Law, but you know that it is not true law, because it compels performance, but let the Judge have his say because your chance will come later. After the Judge reads the charge, and the "law" you violated, he will ask if you understand the charge against you. Always say "No." The Judge will then
ask what it is about that simple charge, that even a fool could understand, yet you do not understand? Tell him that the Sixth Amendment to the U. S. Constitution requires him to inform you of the "nature" and "cause" of the action against you. Ask him: "Judge, is the action against me in this
Court a Civil Action, or a Criminal Action?" The Judge, now answering under your Sixth Amendment authority to ask, will tell you that the action before his Court in this particular case is a Criminal Action. Now, while you have the Judge responding to your first question, ask him the question, that he does not want to answer.
Question #2 is as follows:
"Judge, I need further instruction regarding the 'nature' of this charge pending against me in order that I may properly defend against it.
As you know, Judge, there are two separate and distinct, Criminal Jurisdictions authorized for this Court by the U. S. Constitution: One is for Criminal Action under a Common Law Jurisdiction, and the other is a Condition of Contract violation under the Criminal Aspects of an Admiralty Jurisdiction. As you well know, Judge, the defenses for a Criminal Action
under a Common Law Jurisdiction are distinctly different from the defenses under an Admiralty Jurisdiction. Which Jurisdiction: Common Law or
Admiralty, is this Criminal Action pending against me to be tried under?"
There are four possible responses that you will receive from the above question. I will cover all four:
Response #1:
"This is a Crime against the People of this State so it is a Criminal Action under a Common Law Jurisdiction."
With that response, you now repeat into the record of the case as follows: "Thank you Judge, let the record of this particular case against
this particular individual (include your name) show that this Court has gone on record as stating that the pending Criminal Action in this case is to be tried under a Common Law Jurisdiction." If the Judge does not dispute you at this point, you have set a Common Law Case in concrete, and no future Court can alter that fact.
Now you can ask that the case be dismissed for want of jurisdiction, since there is no injured party in this case to give the Court a cause of action under a Common Law Jurisdiction. Also, in a Common Law Jurisdiction, you have ALL of your rights from the Magna Charta through the Constitution, and it is a felony under 18 U.S.C. Section 241 for any Judge
to deny you any right guaranteed by the Supreme Organic Law of the land (under said Criminal Action under a Common Law Jurisdiction, which is now
established in the record of the case.) You may put the Judge on Constructive Notice of the above law, which if violated after Constructive Notice of same, causes the Judge to lose his immune status as a judge, opening him to trial as an individual on the felony charges.