Hi All....
I posted this in travel...
It is the perfected arguement for ALL Constitutionally secured liberties.
For the complete post:
http://www.suijuris.net/main/suijuri...ile.php?lid=77
U.S. Constitution, Article Six, Clause 2: (The Supremacy Clause of the U.S. Constitution)
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Marbury v. Madison : 5 US 137 (1803):
“No provision of the Constitution is designed to be without effect,”
“Anything that is in conflict is null and void of law”,
“Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near nullity or a fiction of law.”
(If any statement, within any law, which is passed, is unconstitutional, the whole law is unconstitutional.)
Mudook v. Penn. : 319 US 105 (1943):
“A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution and that a flat license tax here involves restraints in advance the constitutional liberties of Press and Religion and inevitably tends to suppress their existence. That the ordinance is non-discriminatory and that is applies also to peddlers of wares and merchandise is immaterial. The liberties granted by the first amendment are and in a preferred position. Since the privilege in question is guaranteed by the Federal Constitution and exist independently of the states authority , the inquiry as to whether the state has given something for which it cannot ask a return, is irrelevant. No state may convert any secured liberty into a privilege and issue a license and a fee for it.”
Shuttlesworth v. Birmingham Al.: 373 US 262 (1962):
“If the state does convert your right into a privilege and issue a license and a fee for it, you can ignore the license and a fee and engage the right with impunity.”
United States v. Bishop 412 US 346 (1973):
Sets the standard for criminal violation of Willful Intent
1. It must be proven that you are the party.
2. It must be proven that you had the method or opportunity to do the thing.
3. It must be proven that you did this with a Willful Intent.
Willfulness - “An evil motive or intent to avoid a know duty or task under a law, with a moral certainty.”
I submit your Honor, I couldn't have done an evil task, because I was totally following the Constitution and the U.S. Supreme Court. I would submit that Prosecution Counsel's burden is to prove I did willfully and knowingly avoid a known duty or task under the law, namely, to get the license. And I would submit that, and specificly proclude that, he cannot perform his task.
Byars v. United States 273USR 28 (1927):
“Constitutional provisions, where the security of a person and property are to be liberally construed, and it is the duty of the courts to be watchful for the constitutional rights of the Citizen and against any stealth encroachment therein.
16Am Jur 2d., Sec. 97:
“Any constitutional provision intended to confer a benefit should be liberally construed in favor in the clearly intended and expressly designated beneficiary”
And I Am That Beneficiary !!!
WHEREFORE your Honor, I pray before this Honorable Court for your Just and Lawful relief. I ask that you dismiss this case with predjudice, for failure to state a cause of action for which relief can be granted, and I pray the court for my just relief for having to defend this badly frivilous and spurious case. I have a proposed order, which outlines my costs, in my brief, your Honor, may it please the court.
Akira
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