Category: Ordinance

UNDERSTANDING THE LOGICAL, MORAL, AND  ETHICAL LIMITATIONS OF DELEGATED POWERS.

Tao of LawLeave a comment

The REAL question, in MY personal opinion, is not IF a government of the People can write laws, but rather, what authority can we delegate to them, which then determines what our public servants in government can write those laws to actually DO, i.e. their constitutionally proper application and impact.

I don’t see ANY authority that was delegated by either the federal OR state constitutions that allows our public servants to create laws REGULATING the behaviors or morals of men who are acting only in their private and personal capacities when those acts result in no identifiable tangible harm to another. In other words, if I have no personal authority to regulate my neighbor’s behavior or morals, then that is a power I cannot lawfully and rightfully delegate to anyone else as my agent so they may do in my stead that which I cannot lawfully or rightly do personally, ever.

Again, in MY personal opinion, when it comes to the PEOPLE, the ONLY valid laws our public servants can write are those stating a particular standard of punishment and process for the apprehension, prosecution, conviction, appeal, and the carrying out of the sentence (incarceration, death, etc.), for an unlawful or unjustifiable harm to the rights and property of any of the People.

Under the guise of the public welfare clause, therefore, the only preventative (malum prohibitum) laws that our public servants would have any valid lawful authority to write are those that are already proven by documented and historical fact to prevent harm to the public generally. Malum prohibitum laws such as “Don’t shit or dump your sewage in the public water supply” or “Don’t destroy public property as it is considered an unlawful taking of the property that deprives members of the Public in general of the benefit and enjoyment of the public property in question.” THOSE kinds of malum prohibitum laws are reasonable and just, but, most of the ones in existence today, whether regulatory or malum prohibitum, are not at all reasonable nor lawfully and rightfully applicable to the Peoples of a constitutional republic.

Furthermore, if I cannot lawfully and rightfully proffer immunity upon myself or my neighbor for the commission of crimes against the rights and property of another, then I simply cannot confer such immunity to my public servants. In the finite universe of such delegated powers and authority, it can be reasonably asserted that immunity in any form would attach to a public servant only if that public servants actions were not violative of other constitutional provisions and prohibitions as found within the Bill of Rights as well as being morally and ethically free from reasonable doubt in relation to even our unenumerated rights. Even then, such actions must be at least minimally consistent with all of those rights, even after guilt is established and punishment rendered, i.e. reasonable and humane treatment while incarcerated for the crime.

The majority of laws our public servants have enacted in the present day are goal oriented, not justice or individual rights oriented. The goals being the control of the general population in a manner suiting the desires of governmental actors, for whatever reason, and for the generation of revenue that flows into that particular government’s coffers, to its actors, and to those that are really pulling the political and “public policy” strings from the shadows. Which they do via any subversive or corporate means they can even tenuously declare as valid and lawful under the constitutions. THAT is the problem as I see it.

The very concept of “public policy” being controlling over our individual rights and privileges is, in and of itself, wholly unconstitutional, as it removes all of our individual rights and privileges and subjects them to the wayward approval or disapproval of whatever constitutes the “public policy” of the moment. The phrase “public policy” is nothing more than a pathetically cloaked euphemism for “the will of tyrants disguised as the will and consent of the governed,” and it is nothing less than the same kind of rule by majority found in a democracy and instituted via the proclamation that “the majority of the people have spoken and agreed.” In point of fact, a form of government based upon public policy is synonymous with the very same form of democratic government that our founding fathers firmly and vehemently rejected as being an acceptable form of government for the American people.

The principles underpinning the Ponzi scheme of public policy is best summarized with a line given by Mel Gibson’s character, Benjamin Martin, in the movie “The Patriot,” wherein Martin says, “Tell me, why should I trade one tyrant three thousand miles away for three thousand tyrants one mile away?” The epiphany of that realization being that all individual rights, privileges and immunities are now subject to the majority vote of a democracy rather than being fully protected against such actions by the stringent limitations of an actual Republican form of government, which is not only our individually guaranteed right, it is the only form of authorized government to be had in any of the several states of the union, and it is in dire jeopardy of being unlawfully undermined, subverted, and dismantled by the courts and legal profession in general.

Our fundamental individual rights were never meant to be subjected to the whims of public policy or democratic vote any more than they were intended to be subjected to government licensing and regulation, as both of those political schemes serve to do nothing less than to convert individual rights into privileges granted or taken away by the ever changing winds of either governmental or public approval. Therefore, both measures are wholly violative of the very foundational concept of individual rights and immunities from governmental and public derogation and abrogation.

Of course, there are and always will be those people that will have their issues with this way of thinking. Case in point:

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“Serious question though

You know I despise encroahment on past liberty rights as much as anyone.

However, I must admit that circumstances change as populations swell or change.

If the people lean on legislators to reduce drunk drivers and keep idiots off the road inclined to cause stupid wrecks and kill, do they have a duty and obligation to the people to enact something, like registration, insurance and a license?

I have to go there.”
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My response to this inquiry is as follows:

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“Not to my way of thinking.

HOW do ANY of those regulatory schemes change the behavior, morality, or ethics of the person who committed the act in the first place? After all, they usually already HAVE those regulatory trappings and STILL decided to endanger others by their actions, correct? So, no, I don’t see regulation or licensing as a constitutionally proper use of the delegated powers to govern.

The government CAN write laws that provides appropriate PUNISHMENT for an act that presents or results in the reckless endangerment or actual harm to the public or to specific individuals. That actually falls within the “public health and welfare” clause quite nicely and appropriately. Unlike the regulatory schemes you mentioned, that punishment WOULD have a direct impact upon the actor that might prevent future occurrences.

In essence, it once again comes down to the legislation of behavior, morality, and ethics rather than simply legislating a punishment for failing to take seriously one’s public duty to exercise due diligence to NOT violate the rights and property of others, whether that failure was knowing and willful or simply negligent to the point of criminality.
See, no registration or license required.”
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John Locke’s concepts on government are all about the strictly limited nature of delegated powers and authority. You can read about the intricacies of his thought on this issue in his writings titled “Two Treatises on Government.” Locke’s philosophy and perspective regarding the finitely limited form of governmental power and authority was so strict that the premise of his thoughts on the subject could be boiled down to virtually a single phrase, “the only legitimate power of government is to articulate the laws of nature.”

I agree with Locke’s premise on limited powers and authority of our government, but only up to a certain point. Our form of government, by logical and constitutional necessity, already prescribes a very strict set of boundaries within which the powers of government are allowed and are actually required to operate in order to be constitutionally lawful, especially when those laws are being directly applied to we the People or our property. The laws of nature simply can’t and don’t account for everything that is involved and evolves when men form societies and associations for their mutual protection and interaction.

For example, Nature does not provide for the willful and wrongful acts of men against other men. The law of “survival of the fittest” is not the law of men, it is the law of the jungle. Under this form of law crimes such as murder, manslaughter, kidnapping, extortion, fraud, or anything else, simply do not and cannot exist. Human societies are not supposed to be jungles, and the premise of “survival of the fittest” and “might makes right” is not the foundations upon which they are conceived and built.

Furthermore, the laws of Nature are neither cognizant of nor recognize any kind of individual rights or private property interests, nor do they provide for any form of remedy for those creatures whose ‘rights’ were harmed by another. The mother antelope has no court where she may file criminal charges against nor sue the lion or cheetah for killing and eating her young, right?

Therefore, my opinion is that the only legitimate power and authority of government is to first protect my individual rights and private property from harm or destruction, and second, to provide me a way to obtain enforceable remedy from the wrongdoer if such a harm were ever perpetrated, and third, to provide for the necessary punishment of those who would commit crimes against the rights and property of others in whatever form such harm may be perpetrated. Beyond that, government and the people should have no intercourse or relationship on a day-to-day basis.

So, while some of the laws of Nature have a limited place in human society, defense of self or of others for example, I stand by my assertions as to what I believe comprises the only constitutionally lawful form of law making authority and enforcement of laws that we can rightfully empower our government to write in relation to we the People within our collection of individual sovereign Republics.

The True Power of the People Over Unconstitutional Acts

Tao of LawLeave a comment

So, some municipality has ‘enacted’ an ordinance, and is using it to charge you with some sort of ‘crime’ defined therein. But, have you bothered to even ask yourself if they actually have any lawful authority to so such a thing?  If not, why not?  Do you simply assume that they automatically have this authority?  If so, then, obviously, you have never asked yourself just from where exactly they allegedly did or could get it, right?

Well, I am here to tell you, and show you, that they don’t have it, and that they have never had it, despite all their protestations to the contrary.  I have several other articles written on this blog that goes into the details of exactly how and why that is, so I won’t belabor it further with another article that does the same thing. What I am going to do is show you just one of the ways that the People have reserved to themselves the lawful authority to force a municipality’s rogue ‘legislation genie’ back into its bottle and seal it up so it stops interfering in your life and messing with your property.

Below you will find a People’s Petition of Grievances and Remonstrance that will be used against the CITY OF DALLAS for its unlawful creation of an unconstitutional ordinance, and the use of that ordinance against the People of Texas as if it has the force and effect of binding public law, which it absolutely and constitutionally does not. Making the CITY OF DALLAS’ effort to use and enforce the statute an unconstitutional act under color of law that subjects them to tort actions for their treason and violation of fundamental human and individual rights that we the People specifically reserved to ourselves as being inviolable by our government, at any level.

The Title of the petition that should indicate that we need a change in direction of what and to whom we address such petitions. I am of the mind that, since the municipality really has no authority to what it did in the first place, which is to try and make any law binding upon the public, then we shouldn’t be petitioning them for anything. I am thinking of this in the same common sense manner that one wouldn’t try to petition the local thieves guild to do something about all the burglaries and robberies occurring in your neighborhood. We should be going directly to the state legislature and demanding that they protect our rights and property by putting laws into place forbidding this fraud and making municipalities and their employees directly liable for their actions under state law. But we have to REALLY go after the legislators to make it happen, because, right now, they are getting a cut of the stolen property to allow this to continue. THAT is what we need to expose and resolve so that this has a chance to actually work.

The petition was not my idea, but I decided it had merit in what it sought to do and offered to assist in “fleshing it out” with more specific grievances and remonstrances so that signers of the petition, as well as the criminals hiding behind the municipal corporate veil, would have a clear understanding of the specific rights and issues involved here, and the People’s demands and requirements for making it right.

Please, if you live in the Dallas, Texas area, or anywhere in Texas, like San Antonio for example, where similar ordinances have been enacted, then please look for places in your area to sign this petition and exercise your rightful power against unlawful and unconstitutional encroachment and infringement by these criminal municipal corporations who spit on our rights and constitution for their own private interests. Even better, use the attached MS Word document version to start one in your own neighborhood.

Remember, we can all stand and fight together now, while we can and should, or we will all eventually and surely be tried and hanged alone.

PUBLIC NOTICE AND PETITION FOR
REDRESS OF GRIEVANCES TO
THE LEGISLATURE OF THE STATE OF TEXAS
AGAINST THE MUNICIPAL CORPORATION OPERATING
AS “CITY OF DALLAS”

Notice, this petition is being instituted, signed, and presented by men and women of the Texas Republic, as sovereign People and free individuals domiciled within the geographical region of the Texas Republic commonly referred to as “Dallas,” as a public demand for redress of grievances relating to and challenging the unlawful and unconstitutional imposition of CITY OF DALLAS ORDINANCE NO. 29595.

The free men and women who have signed this petition are of one mind in that, the CITY OF DALLAS ORDINANCE NO. 29595 is violative of the most basic and fundamental of human rights and needs, is violative of state and federal constitutional provisions and prohibitions upon the limited powers and nature of government, and the knowing and willful violation of rights specifically reserved by the People to themselves to protect against such abuses of the People’s own delegated powers through governmental overreach and unlawful usurpations of powers and authority never delegated and constitutionally forbidden to any political subdivision of the state, or to the state government, by the People of the Texas Republic.

The CITY OF DALLAS may already be liable through individual and class action torts for unlawfully acting under color of law and without lawful authority in knowing and willful violation of both the CONSTITUTION OF THE UNITED STATES (“US Constitution”) and THE CONSTITUTION OF THE STATE OF TEXAS (“Texas Constitution”).

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 infringes upon, outlaws, and prohibits the free exercise and enjoyment of the People’s fundamental rights, such as the right to free association and to peaceably assemble, the right to freedom of religion and to engage in the consensual practices and customs thereof, and the right to individual liberty in all of these and the pursuit of happiness associated therewith.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 infringes upon, outlaws, and prohibits the free exercise and enjoyment of the People’s fundamental rights by unlawfully and unconstitutionally converting the free exercise and enjoyment of those rights into a crime with the threat of penalty and punishment via unconstitutional taxation or fines imposed for no other purpose that to punish the act of  caring for and feeding of their fellow man in the form of the poor and/or homeless People who are doing nothing more than trying to survive within the corporate municipal limits of the CITY OF DALLAS.

CITY OF DALLAS ORDINANCE NO. 29595 is a prima facie violation of the following protected individual rights and constitutional prohibitions:

  1. The unconstitutional exercise of prohibited legislative powers specifically delegated to the Legislature of the State of Texas under Article 3, Sec. 1, and the constitutionally mandated process for the creation of any and all binding public law within Secs. 29-39 of said Article, and, therefore, are specifically prohibited to be exercised by municipalities and counties, including, but not limited to, the unlawful and unconstitutional exercise of any and all legislative authority having the intent or false pretense of creating and enacting binding public law in any form for any purpose whatsoever.
  2. The unconstitutional exercise of constitutionally delegated powers and acts specifically prohibited to municipalities as set forth in Article 11, Sec. 5, of the Texas Constitution
  3. The unconstitutional violation of specific rights and protections reserved to the People of Texas under Article 1 of the Texas Constitution’s Bill of Rights, including, but not limited to, the right to challenge and hold void any and all governmental and non-governmental corporate violations of any provisions or prohibitions therein under Article 1, Sec. 29.
  4. The unconstitutional violation of specific rights and protections reserved to the People of Texas by which the state and its political subdivisions are constitutionally prohibited from exercising any power or authority violative of any clause or provision within the Texas Constitution, especially those within the Bill of Rights.
  5. The right to freedom of Religion, as it prohibits the right of the People to minister to the poor and needy as a part of their religious or personal custom and practice.
  6. The right to freedom of association as a natural right, as it prohibits the right of the People to befriend and provide aid and assistance to whomever they may choose for whatever reason they may choose.
  7. The right to peaceably assemble as a natural right, as it prohibits the right of the People to gather together to minster to and provide charitable aid and mutual kinship and comfort to those in need.
  8. The right to the pursuit of happiness as a natural right, as it prohibits the right of the People to enjoy providing mutually voluntary and consensual aid and assistance to those in need as their heart and personal morality may move them to do.
  9. The right to Due Process, as this ordinance is a violation of the right of a free People to life, liberty, property, and all the rights, privileges, and immunities of same, and in some cases, serves as a potential death sentence devoid of any form of due process or human empathy for the plight of others.
  10. The unconstitutional violation of the specific right to local SELF-government, as being a right specifically reserved solely to the PEOPLE of Texas within Article 1, Sec. 1 of the Bill of Rights of the Texas Constitution, in both their natural capacity as sovereign individuals and as a public body assembled, which is not a right or delegated power that is in any way reserved to the creation or operation of municipal corporations, counties, or the State government.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the People of Texas from invoking the blessings of Almighty God by performing His commandments and works.

THE TEXAS CONSTITUTION PREAMBLE

Humbly invoking the blessings of Almighty God, the People of the State of Texas, do ordain and establish this Constitution.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the People of Texas from declaring and acting upon their individually reserved right to local self-government of THEMSELVES, both as individuals and as a community in relation to their private individual and communal actions and activities, just one aspect of which is providing consensual and voluntary care and assistance to the poor and needy. The right of local self-government is specifically reserved to the People of Texas under Article 1, Sec. 1 of the Bill of Rights within the Texas Constitution, not to the corporate municipality, county, or state governments.

ARTICLE 1. BILL OF RIGHTS

That the general, great and essential principles of liberty and free government may be recognized and established, we declare:

Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE.          Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the right of the People of Texas to individual and collectively exercise their individual and collective political power in a manner they have deemed necessary and fitting, and denies the People of Texas in their rightful authority and to all benefits and privileges associated therewith, while simultaneously denying the People an independent and sovereign State and a Republican form of government as existing and operating by and for their individual and mutual consent and benefit, rather than for the private interests of the corporate municipality.

ARTICLE 1. BILL OF RIGHTS

Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT.             All political power is inherent in the People, and all free governments are founded on their authority, and instituted for their benefit. The faith of the People of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon and violates multiple provisions and prohibitions of the Texas Constitution by the fraudulent exercise of Legislative authority in order to unlawfully defraud the People by the fraudulent creation of unconstitutionally enacted binding public law that was void ab initio. The power to create binding public law is constitutionally delegated and vested solely within the LEGISLATURE OF THE STATE OF TEXAS (“Texas Legislature”) by Article 3, Sec. 1 of the Texas Constitution, and that power may not and cannot be re-delegated to political subdivisions of the state government by mere legislative enactments and statutory schemes.

ARTICLE 3. LEGISLATIVE DEPARTMENT

Sec.1.   SENATE AND HOUSE OF REPRESENTATIVES. The Legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled “The Legislature of the State of Texas.”

Sec.2.   MEMBERSHIP OF SENATE AND HOUSE OF REPRESENTATIVES. The Senate shall consist of thirty-one members. The House of Representatives shall consist of 150 members.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the right of all men as having a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences.

ARTICLE 1. BILL OF RIGHTS

Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the natural and indefeasible right of all men to protect themselves and others from unlawful and unnecessary deprivations of life, liberty, property, privileges or immunities, or disfranchisement, without due process of law.

ARTICLE 1. BILL OF RIGHTS

Sec. 19. DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF LAW. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the natural and indefeasible right of all men to freely associate and act for their individual and common good, to be free from all unreasonable searches and seizures, and to petition their servant government for redress of grievances.

ARTICLE 1. BILL OF RIGHTS

Sec. 27. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES. The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.

The People’s Declaration of Relief and Redress

WE, the undersigned PEOPLE OF TEXAS, do hereby declare CITY OF DALLAS ORDINANCE NO. 29595 void on its face under the authority of the Bill of Rights in its entirety within Article 1 of the Texas Constitution, and pursuant to Sec. 29 of said Article specifically.

WE, the undersigned PEOPLE OF TEXAS, do further petition and demand that the CITY OF DALLAS MUNICIPAL CORPORATION cease and desist with any and all enforcement of the odious and unconstitutional DALLAS ORDINANCE NO. 29595, dismiss any charges, fines, and fees unconstitutionally perpetrated and taken thereunder, and to further act to immediately and permanently repeal said ordinance, thereby restoring the constitutionally protected rights that the free and sovereign People of Texas specifically reserved to themselves so as to prohibit such infringements and violations through unconstitutional abuses of power and authority as exists in said ordinance.

Petition to the CITY OF DALLAS

Research -Your State Constitution Overrules Legislative Statutes and Municpal Ordinances

Tao of Law6 Comments

I received an interesting email from someone in South Carolina (S.C.) that brought up the following issues with the judge’s bench book as used in their courts. Here is what he asked about:

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I read your piece about city ordinances.
This is from the SC Summary Court Judge’s Benchbook:

“The uniform traffic ticket, established under the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of magistrate’s court and municipal court.” (S.C. Code Ann. § 56-7-15). The uniform traffic ticket may also be used by law enforcement to cite individuals for violations of county or municipal ordinance violations. (1990 Op. Atty. Gen. No. 90- 48). County and municipal uniform ordinance summons were established under the provisions of S.C. Code Ann. § 56-7-80, which provides as follows: (A) Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons as provided herein for the enforcement of county and municipal ordinances. Upon adoption of the ordinance summons, any county or municipal law enforcement officer or code enforcement officer is authorized to use an ordinance summons. Any county or municipality adopting the ordinance summons is responsible for the printing, distributing, monitoring, and auditing of the ordinance summons to be used by that entity. (B) The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulates the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons.”

(B) is especially interesting to me, since if an officer is detaining you for any reason, that is a custodial arrest. Isn’t it?

Thanks for your time and efforts.

==============================

This was my initial reply back to him:

Is there something that you wish for me to see here that would lead me to think that S.C. is somehow different in the area of ordinances? I’m just trying to figure out what it is you wanted me to see in it that would make me think otherwise?

==============================

His reply was:

So what you’re saying, and I’m just asking, is that this piece from the judge’s benchbook is bullshit? That it doesn’t matter what it says?
Trying to get clear on this. That’s all.

==============================

And this is my response by which I hope to make things more clear to him, and to all of you, that might run into something similar in your own state.

========

No, it reads precisely as it SHOULD when being used for “persons” involved in a relationship with the corporate entity that created the policy in question, and to which such comments can lawfully claim that ordinances apply.

Did you compare your legislative article of the South Carolina Constitution with the claims made in that statute? Because I did, and the constitutional sections read exactly as I expected them to read, that ONLY the legislature of S.C. has law-making power.

http://www.scstatehouse.gov/scconstitution/scconst.php

Now, if some OTHER provision of that constitution delegates such power to municipalities and counties, then WHERE and for WHAT PURPOSE does it do that? Because, if it DOES do that, then the following isn’t going to hold true, but if it DOESN’T, then the following facts are irrefutable.

The legislature CANNOT redelegate a delegated power, and you will find TONS of case law on that subject saying exactly that. So, it doesn’t matter if the state legislature attempted to enact legislation to make it APPEAR that these ordinances are ‘public law,’ as long as you and others know to challenge the assertion by pointing out WHY they CANNOT actually BE ‘public law’ under the S.C. state constitution.

So, since that means that ordinances CANNOT be treated as actual ‘PUBLIC LAW’ without first being in direct violation of the state constitution and the powers delegated therein, what then are they?

The short answer is that they are MUNICIPAL/COUNTY CORPORATE POLICY, and corporate policy is binding ONLY upon the following:

… … … 1) the corporate entity itself that created the policy,

… … … 2) those that are directly employed by the corporate entity, or

… … … 3) those that are employed as contractors with that corporate entity, or

… … … 4) those that knowingly and willfully CONSENT to being bound by the entity’s policies.

If the municipality/county CANNOT constitutionally create binding ‘public law,’ then how else would ordinances have any lawful authority over or application to members of the public and NOT be in direct violation of the state constitution if it is not through voluntary consent?

If you will search for it on your legislative web site, I am more than certain that a search for statutes that contain a STATUTORY definition of the term “law” will produce several hits.

On the Texas legislative web site for example, you would first click on the “SEARCH” menu at the top, leave the “What Code” section blank, and in the search field type (WITH the double quotes but NOT the period) “law means.” Then, repeat this, but type in the search field “law includes.”

There will be at least one or two results from these two searches that include ordinances, school board policies, agency regulations, and numerous other NON-LEGISLATIVELY CREATED policies as part of the definition of ‘law’ as it relates to “this state.”

In Texas you will actually get 17, only about four of which contain a definition like this one:

30) “Law” means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute.

http://www.statutes.legis.state.tx.us/DocViewer.aspx…

The problem there is, the legislature CANNOT do by subversive statutory decree what it is completely forbidden to do directly. Especially by using a mere definition of terminology to circumvent the constitutional limitation upon who can make binding public law.

Which means that, in court, we should be demanding to know the following:

“Judge, I have a right to proper notice of and to understand the nature and cause, do I not? So, are you stating that the charges against me relate to some alleged offense under an ACTUAL PUBLIC LAW specifically enacted by the S.C. Legislature, or, am I being charging with some alleged offense written only into some ordinance, regulation, rule, or policy that is considered to be ‘law’ only because it has been unconstitutionally defined as ‘law’ within some statutory definition of that term, but which ordinance, regulation, rule, or policy was NOT enacted by the legislature as is constitutionally required in order to actually BE binding public law?”

It really shouldn’t be a mind-blowing effort to reason out this is not only unconstitutional and illegal, because it IS fraud, but that any attempt to move forward as if the action is valid would itself be an act of official oppression, official misconduct, and outright treason and sedition as a subversion of the respective state constitution.

Therefore, the only logical and state constitutionally sound conclusion that one can make about ANY statute or ordinance that relies upon a definition of this sort, is that ANY statute using that definition CANNOT be directly applicable to the PUBLIC, but is applicable ONLY to those “persons” as I previously described and enumerated above.

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Remember folks, we DIDN’T authorize ANY of this ordinance and private rule and regulation making bullshit by our public servants. Especially over us, our private property, or any other part of our private lives. It was USURPED (ILLEGALLY STOLEN/TAKEN), by the attorneys through ‘legal’ subterfuge and seditious and treasonous acts resulting from their takeover of EVERY department of government. Creating an unconstitutional aristocracy for themselves right here in America.

We the People collectively and individually have every RIGHT to fight back and say no, and to enforce that refusal with force of arms if need be. Both our state and federal constitutions reserved that right to the PEOPLE, not just the ‘states’ as they would have you believe, and THAT is precisely what the 2nd Amendment was put in place to ensure that we COULD do when and if it ever became necessary.

Well, that time is here, that time is now. The constitutions won’t defend themselves, and the crooks certainly aren’t going to start abiding by them now, as is evidenced by the daily violation of their principles and protections by those most subject to obeying them. They openly and unapologetically abuse us, steal from us, and openly murder us on the streets and in our homes. WHEN will it be enough to push you over the edge to where you are willing to get out of your damned armchair and stand with each other to demand, resist, and ensure through forceful resistance if needed, that this will NOT be allowed to go on or ever be put in place again? When did we Americans allow ourselves to become such moral and slothful cowards?

State Constitutions vs Ordinances – WHO has the legitimate power to make binding public law in your republic?

Tao of LawLeave a comment
Okay,
 
I received an interesting email from someone in South Carolina (S.C.) that brought up the following issues with the judge’s bench book as used in their courts. Here is what he asked about:
 
==============================
 
I read your piece about city ordinances.
This is from the SC Summary Court Judge’s Benchbook:
 
“The uniform traffic ticket, established under the provisions of Section 56-7-10, may be used by law enforcement officers to arrest a person for an offense committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of magistrate’s court and municipal court.” (S.C. Code Ann. § 56-7-15). The uniform traffic ticket may also be used by law enforcement to cite individuals for violations of county or municipal ordinance violations. (1990 Op. Atty. Gen. No. 90- 48). County and municipal uniform ordinance summons were established under the provisions of S.C. Code Ann. § 56-7-80, which provides as follows: (A) Counties and municipalities are authorized to adopt by ordinance and use an ordinance summons as provided herein for the enforcement of county and municipal ordinances. Upon adoption of the ordinance summons, any county or municipal law enforcement officer or code enforcement officer is authorized to use an ordinance summons. Any county or municipality adopting the ordinance summons is responsible for the printing, distributing, monitoring, and auditing of the ordinance summons to be used by that entity. (B) The uniform ordinance summons may not be used to perform a custodial arrest. No county or municipal ordinance which regulates the use of motor vehicles on the public roads of this State may be enforced using an ordinance summons.”
 
(B) is especially interesting to me, since if an officer is detaining you for any reason, that is a custodial arrest. Isn’t it?
 
Thanks for your time and efforts.”
 
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This was my initial reply back to him:
 
Is there something that you wish for me to see here that would lead me to think that S.C. is somehow different in the area of ordinances? I’m just trying to figure out what it is you wanted me to see in it that would make me think otherwise?
 
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His reply was:
 
So what you’re saying, and I’m just asking, is that this piece from the judge’s benchbook is bullshit? That it doesn’t matter what it says?
Trying to get clear on this. That’s all.
 
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And this is my response by which I hope to make things more clear to him, and to all of you, that might run into something similar in your own state.
 
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No, it reads precisely as it SHOULD when being used for “persons” involved in a relationship with the corporate entity that created the policy in question, and to which such comments can lawfully claim that ordinances apply.
 
Did you compare your legislative article of the South Carolina Constitution with the claims made in that statute? Because I did, and the constitutional sections read exactly as I expected them to read, that ONLY the legislature of S.C. has law-making power.
 
 
 
Now, if some OTHER provision of that constitution delegates such power to municipalities and counties, then WHERE and for WHAT PURPOSE does it do that? Because, if it DOES do that, then the following isn’t going to hold true, but if it DOESN’T, then the following facts are irrefutable.
 
The legislature CANNOT redelegate a delegated power, and you will find TONS of case law on that subject saying exactly that. So, it doesn’t matter if the state legislature attempted to enact legislation to make it APPEAR that these ordinances are ‘public law,’ as long as you and others know to challenge the assertion by pointing out WHY they CANNOT actually BE ‘public law’ under the S.C. state constitution.
 
So, since that means that ordinances CANNOT be treated as actual ‘PUBLIC LAW’ without first being in direct violation of the state constitution and the powers delegated therein, what then are they?
 
The short answer is that they are MUNICIPAL/COUNTY CORPORATE POLICY, and corporate policy is binding ONLY upon the following:
 
1) the corporate entity itself that created the policy,
2) those that are directly employed by the corporate entity, or
3) those that are employed as contractors with that corporate entity, or
4) those that knowingly and willfully CONSENT to being bound by the entity’s policies.
 
If the municipality/county CANNOT constitutionally create binding ‘public law,’ then how else would ordinances have any lawful authority over or application to members of the public and NOT be in direct violation of the state constitution if it is not through voluntary consent?
 
If you will search for it on your legislative web site, I am more than certain that a search for statutes that contain a STATUTORY definition of the term “law” will produce several hits.
 
On the Texas legislative web site for example, you would first click on the “SEARCH” menu at the top, leave the “What Code” section blank, and in the search field type (WITH the double quotes but NOT the period) “law means.” Then, repeat this, but type in the search field “law includes.”
 
There will be at least one or two results from these two searches that include ordinances, school board policies, agency regulations, and numerous other NON-LEGISLATIVELY CREATED policies as part of the definition of ‘law’ as it relates to “this state.”
 
In Texas you will actually get 17, only about four of which contain a definition like this one:
 
30) “Law” means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute.
 
 
 
The problem there is, the legislature CANNOT do by subversive statutory decree what it is completely forbidden to do directly. Especially by using a mere definition of terminology to circumvent the constitutional limitation upon who can make binding public law.
 
Which means that, in court, we should be demanding to know the following:
 
“Judge, I have a right to proper notice of and to understand the nature and cause, do I not? So, are you stating that the charges against me relate to some alleged offense under an ACTUAL PUBLIC LAW specifically enacted by the S.C. Legislature, or, am I being charging with some alleged offense written only into some ordinance, regulation, rule, or policy that is considered to be ‘law’ only because it has been unconstitutionally defined as ‘law’ within some statutory definition of that term, but which ordinance, regulation, rule, or policy was NOT enacted by the legislature as is constitutionally required in order to actually BE binding public law?”
 
It really shouldn’t be a mind-blowing effort to reason out this is not only unconstitutional and illegal, because it IS fraud, but that any attempt to move forward as if the action is valid would itself be an act of official oppression, official misconduct, and outright treason and sedition as a subversion of the respective state constitution.
 
Therefore, the only logical and state constitutionally sound conclusion that one can make about ANY statute or ordinance that relies upon a definition of this sort, is that ANY statute using that definition CANNOT be directly applicable to the PUBLIC, but is applicable ONLY to those “persons” as I previously described and enumerated above.
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Remember folks, we DIDN’T authorize ANY of this ordinance and private rule and regulation making bullshit by our public servants.  Especially over us, our private property, or any other part of our private lives.  It was USURPED (ILLEGALLY STOLEN/TAKEN), by the attorneys through ‘legal’ subterfuge and seditious and treasonous acts resulting from their takeover of EVERY department of government. Creating an unconstitutional aristocracy for themselves right here in America.
We the People collectively and individually have every RIGHT to fight back and say no, and to enforce that refusal with force of arms if need be. Both our state and federal constitutions reserved that right to the PEOPLE, not just the ‘states’ as they would have you believe, and THAT is precisely what the 2nd Amendment was put in place to ensure that we COULD do when and if it ever became necessary.
Well, that time is here, that time is now.  The constitutions won’t defend themselves, and the crooks certainly aren’t going to start abiding by them now, as is evidenced by the daily violation of their principles and protections by those most subject to obeying them.  They openly and unapologetically abuse us, steal from us, and openly murder us on the streets and in our homes.  WHEN will it be enough to push you over the edge to where you are willing to get out of your damned armchair and stand with each other to demand, resist, and ensure through forceful resistance if needed, that this will NOT be allowed to go on or ever be put in place again?  When did we Americans allow ourselves to become such moral and slothful cowards?
Please take the time to read my much more in-depth article in the issue of ordinances by clicking here.