The True Meaning and Purpose of Individual Rights.

October 26, 2019July 7, 2020 Tao of LawLeave a comment

I have a little thought about something that I would like to express, and that something is the idiotic precept contrived by our American courts that “individual rights are not absolute” and that “government has the power and authority to either take away or diminish those rights” based upon whatever contrived ‘necessity’ it can dream up.

I would argue that, UNTIL someone exercises their rights in a manner that violates the rights of others, then their own individual rights ARE absolute. At the point of harming the rights, person, or property of another, or through such reckless or negligent acts that almost certainly could have resulted in such an injury, then, and ONLY THEN, can those rights be legitimately and temporarily taken away. Try pointing to ANY Bill of rights where it says that there is any other exception to absoluteness to be had in relation to an individual’s rights, because it just ain’t there!!

“Nothing is unchangeable but the inherent and unalienable rights of man.” –Thomas Jefferson to John Cartwright, 1824. ME 16:48

“A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate.” –Thomas Jefferson: Rights of British America, 1774. Papers, 1:134 ME 1:209.”

“The equal rights of man, and the happiness of every individual, are now acknowledged to be the only legitimate objects of government.” –Thomas Jefferson to A. Coray, 1823.

“Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.” –Thomas Jefferson to Isaac H. Tiffany, 1819.

The courts are the ones who created the “rights are not absolute” doctrine with absolutely no legitimate constitutional authority upon which to base it, and then promptly began using it stealthily and continuously on an ever-increasing basis to permanently diminish ALL individual rights belonging to the American people for ANY reason the courts themselves have deemed to be a “government necessity,” i.e. their version of the “law of necessity.”

“Every man, and every body of men on earth, possesses the right of self-government… This, like all other natural rights, may be abridged or modified in its exercise by their own consent, or by the law of those who depute them, if they meet in the right of others.” –Thomas Jefferson: Opinion on Residence Bill, 1790. ME 3:60

Just like any other thing done wrong by our government, our simply accepting that the courts or other parts of government have created their own fraudulent authority to limit our rights as they see fit without any challenge from us will NEVER see it changed back to how it is SUPPOSED to be.

Thomas Jefferson and John Locke made it clear that the formation of societies and the governance of the constitution was never intended to, and never did, authorize any such supposition on the government’s part.

“What is true of every member of the society, individually, is true of them all collectively; since the rights of the whole can be no more than the sum of the rights of the individuals.” –Thomas Jefferson to James Madison, 1789. ME 7:455

“Natural rights [are] the objects for the protection of which society is formed and municipal laws established.” –Thomas Jefferson to James Monroe, 1797. ME 9:422

“The reason why men enter into society is the preservation of their property.” –John Locke: Second Treatise, sect. 222.

Therefore, the only LOGICAL and constitutional conclusion in relation to how individual rights are NOT absolute is when they are used to violate the rights of others. Outside of that caveat, there is ZERO legitimate authority for government to deprive or diminish ANYONE of ANY right for ANY OTHER REASON.

Without a doubt the courts have the subject of individual rights not being absolute absolutely WRONG, that their misinterpretation is INTENTIONAL, and that it is being done and used for nothing less than the unconstitutional purpose of increasing the personal and governmental power and authority of such elitist individual’s over areas and subjects where it should NOT even exist. That makes the actions our courts and our government are engaged in absolutely CRIMINAL, because those actions directly and unlawfully violate the rights belonging to ALL of the people for the benefit of only those few who think they should have more rights and power than everyone else, especially over the lives and property of others, and that is neither the American dream nor the original plan for its individual Republics.

“I’ll make you famous….” ’cause “Homey don’t play ‘dat.”

August 3, 2019August 4, 2019 Tao of Law1 Comment

For some reason that is totally beyond my ability to understand about some kinds of people, there are those among us who would rather rely completely on their own opinions and beliefs rather than clearly visible evidence and verifiable facts.

I keep a folder on my computer titled “Facebook Idiots” where I store screenshots of every conversation like this one just so there is no question later about the truth of what was said and by whom. That way, you see, I don’t have to redact their names on these blog posts for fear of getting sued for slander or liable, because all the evidence of the veracity of an article’s content is right in front of everyone for all to see. What I find even more unbelievable is how willing they are to launch ad hominem personal attacks upon people like myself for the information we freely present to the public when it is accompanied by all the relevant and verifiable sources and evidence showing exactly what we’re are talking about being clearly provided within that same information.

Here, for instance, we have just such an example of yet another individual that wants everyone to accept his opinion about just how stupid and dangerous I am because of the fact-based information I try to provide to the public. The problem, however, is that his opinion has no factual evidence supporting it. And even if it did, it would still almost certainly be 100% irrelevant and incorrect as factually pertaining to the specific information I am providing. This would be the case precisely because the laws and court cases within his own state or federal court district are either very different, or, if he IS in Texas, then what he claims to be true does not directly address the specifics of my information as it exists in the statutory law and court opinions within Texas, which is where the information I provided is sourced from and is 100% applicable to.

Now, I didn’t ever ask what state he is located in, but, based upon how he is making claims about the court cases saying something contrary to the currently controlling case on the subject of Texas “traffic stops” being at least some form of custodial arrest, Azeez v. State, 248 S.W.3d 182 (2008), it would certainly appear that he isn’t in Texas. However, that too could be incorrect simply because it is also very very possible that he is just an argumentative asshole that likes to start shit with total strangers while trying to show how smart he thinks he is. If the latter be the case, then fair warning to all those like him… if your plan is to attack me because you think you know more about this subject and, therefore, are assuming that you are smarter than me because of it, then it would be in your best interest to ensure that you actually ARE, on both counts. Because if you aren’t, then I’m going to make you famous, just like this.

The following is a series of screenshots taken from the Facebook conversation this fellow initiated by making a direct and baseless ad hominem attack upon me personally for something I had posted. Keep in mind that EVERYTHING in the post is very easily verifiable as I made no secrets about where it came from or why it was the subject of the post.

That said, this guy made absolutely no effort to verify ANYTHING in the post and clearly knows absolutely NOTHING about Texas law, or about my knowledge and understanding of it from my literally DECADES of research and study of this particular subject. In that aspect he is not alone, as there are many who would challenge my information as being untrue, but their “proof” always leaves something to be desired on a myriad of alternative and more specifically related information fronts. The only thing he actually does manage to prove in very short order is that he is a bigger fool than he gives himself credit for by attacking me out of the blue with absolutely nothing to back up his opinions.

You will also notice just how quickly he abandons the thread and stops responding once he is confronted with actual facts, and links to those facts, that absolutely prove his personal opinion and perceptions isn’t worth a spec of gnat shit on the open prairie in the face of reality and the law.

Enjoy!

This is the original post text just as it appears on the Facebook post:

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

Tao Lauw Yesterday at 2:13 PM
Something that all of you Texas people should know about “traffic stops” as they pertain to the ACTUAL law itself:
The law itself DOES NOT AUTHORIZE a warrantless detention or arrest for failure to have, produce, or display a license, proof of insurance, or registration, and it NEVER HAS.
THIS is the authorizing statute, and it is the ONLY ONE of its kind in the entire Transportation Code:
======================
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE C. RULES OF THE ROAD
CHAPTER 543. ARREST AND PROSECUTION OF VIOLATORS
SUBCHAPTER A. ARREST AND CHARGING PROCEDURES; NOTICES AND PROMISES TO APPEAR
Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace officer may arrest without warrant a person found committing a violation of THIS SUBTITLE.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
======================
The statute authorizes a warrantless arrest ONLY in relation to offenses defined within Subtitle C of the Texas Transportation Code, which encompasses ONLY Chapters 541-600.
Everything that relates to COMMERCIAL/ DRIVER’S LICENSE is codified entirely within Chapters 521 and 522 of the Code, while registration is confined to Chapter 502, and “PROOF OF FINANCIAL RESPONSIBILITY” is in Chapters 601. NONE of these chapters are in Subtitle C, at all, period.
In other words, the vast majority of “offenses” that they perform a warrantless traffic stop for are NOT authorized by law to be done in such fashion. The stop itself is wholly illegal under the letter of the law, because the code limits the authority to ONLY those offenses within “this subtitle,” which IS subtitle C and Subtitle C ONLY, as you can plainly see.
That said, however, it does NOT mean that they won’t do it ANYWAY. So, YOU are the only one that will ever raise this issue and challenge the validity of the warrantless detention/arrest and false imprisonment that was perpetrated by the officer without any lawful authority once the case goes to court, because THEY certainly aren’t going to do it, not EVER.
.
To those of you in other states where “traffic” cases are prosecuted as CRIMES rather than civil infractions, I would start looking for a similarly worded statute in YOUR own state and see what limits it placed on the warrantless arrest authority of the officers in relation to “traffic stops.”

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

These are the screenshots of the “discussion” that followed:

It should also be noted that, right after I wrote this article, I placed a link to it on the same thread where it took place and tagged the individual in the comment so he would be sure to see it. He has since gone back and deleted every single one of his comments from the thread. Thus proving that there is nothing quite like having so much faith in the correctness of your position and statements to such an extreme degree that you would be willing to personally attack someone with them in the first place, and then, in the second place, backtrack and delete them out of shame like a whiny little bitch who was made to eat their words after your statements are challenged by factual rebuttal and then ground to dust before your very eyes as the unsubstantiated idiotic personal opinions they truly are.

So, all that leaves for me to say to all the other folks that want to be made famous like Mike, is this:

The Problems with Being ‘Almost’ Right About the Law.

June 13, 2019February 24, 2020 Tao of LawLeave a comment

The information in the following picture, while mostly accurate only in relation to the prior case law being on-point with the argument of “nothing such as a ‘driver’s license’ exists or is recognized by Texas law,” is also incorrect in its majority of the remaining information being put forth as statements of actual legal fact. Primarily because those facts are incomplete and assert claims that are facially invalid as far as the actual law and facts on the subject are concerned.

This is the contents of the post as it appeared in one of the legal discussion groups I participate in on Facebook.

After reading this you might be thinking “Wow! This is great! I can use this to fight my traffic citations in Texas!! With this information I can WIN!!” Well, that thought process is more than just a little bit premature, and here are the facts I replied to this post with as to why:

“I hate to have to be the one to point it out to you, but you are simultaneously minimally correct and massively incorrect in your asserted facts here.
Yes, you are correct that PRIOR to 1983 there was no such term/phrase in the statutes of the Texas Transportation Code (“TTC”) defined as that of “driver’s license,” therefore, no one could be rightfully convicted of an offense that claimed an individual didn’t have a form of license that the law itself made no mention of as even being required.
However, even the definition of “driver’s license” that existed from 1983 forward was changed and rendered legally useless with the alleged enactment of SB 971 by the 78th Texas Legislature in 1995 (unlawfully so, but presumptively changed nonetheless).
SB 971 created an entirely new form of license TERMINOLOGY (driver’s license), BUT, it DID NOT actually create ANY new form of license, it was only made to APPEAR that it had done so. If fact, it actually REMOVED all valid forms of existing ‘permanent’ licenses, which previously existed in ONLY three specific forms, that of “chauffeurs,” “operator’s,” and “commercial operator’s” licenses. However, you will NOT find a single reference to ANY of these previous forms of permanent license ANYWHERE in the entirety of the TTC as it currently exists.
When actually reading the definitions of “driver’s license,” “license,” and “commercial driver’s license” provided within Chapters 521 and 522 of the TTC, you will find it includes only three specific forms of “license,” a “temporary license,” “learner license,” and “occupational license.” And before you go jumping the gun by thinking you know what these terms mean in relation to either the law or a license, let me say, no you don’t.
Each of these “licenses” actually have three very specific things in common; 1) each license is only a very short-term temporary form of license in and of itself; 2) each license is dependent upon either the requirement that the holder obtain some other more permanent form of license to replace it within a certain number of days in the near future (temporary and learners licenses), or it requires the holder to have surrendered some other form of permanent license in order to obtain it after a conviction for an offense that results in the revocation of that previous form of permanent license (occupational license); and 3) each of these forms of license are specifically and individually defined in the TTC as having specific prerequisites and existing conditions for obtaining them.

The term “license” itself is defined separately from, and in a totally circular reference to, the term/phrase “driver’s license, making the two inextricably conjoined as a matter of law.

The interesting thing about these three apparently ‘new’ forms of a license is, they AREN’T new. They are EACH actually the original TEMPORARY forms of the original types of ‘permanent’ license, i.e. the “chauffeurs,” “operator’s,” and “commercial operator’s” licenses. Each of these new forms of license were actually referenced in the statutes as they existed prior to 1995, but, that reference referred to them as requisite predecessors or punitive successors to applying for and obtaining one of these specific three forms of existing permanent license.

Once you actually study the definitions of these three ‘new’ forms of license, you will plainly see these facts to be absolutely true. Which then leads us to several constitutional problems with not only the statutes themselves being vague, ambiguous and overbroad, but also that the entire enactment of SB 971 is a total fraud and 100% violative of specific requirements and prohibitions within the Texas Constitution that make the entire code absolutely unconstitutional and unenforceable. Understanding the specific details and their significance takes considerable time and effort however, and there are very few who actually have invested the time and effort required to come to that understanding to its last and finest level of detail, and I am one of them, if not the only one in the entire state of Texas.
Also, you are incorrect in assuming that your list contains ALL instances of what can and does invalidate previously existing ‘case law.’ The changing of the underlying law itself CAN and DOES invalidate prior court rulings on that specific law that are in existence prior to those changes. Hence, these legislative changes statutorily invalidate your cited case law precisely because the existing case law is now in direct conflict with the new statutory changes, albeit, this holds true only if the new statutes themselves are actually valid, which they aren’t. But, that is something you would have to prove on the record in a court of law having the power to set precedent by declaring the statutes unconstitutional. This is something that I can absolutely prove using nothing more than the actual legislative bill that comprises SB 971, certified public records, and the Texas Constitution itself. These records alone provide ample evidence that the new version of the TTC and its underlying statutes ARE 100% invalid and unenforceable in their entirety, but that is a separate issue from your statements here.

Lastly, in relation to another comment you made later on this same post, no, a “driver’s license” is NOT a commercial contract. Never has been and never will be. Mainly because the actual license itself is a CONTRIVED document that is cumulatively pieced together piece by piece from multiple OTHER documents and external information before it is assembled into the little plastic card you carry around with you, meaning that you NEVER actually signed the driver’s license directly, only a signature card from which your signature was later taken and transferred onto the front of the license itself. This is but two of many specific reasons that prove the license is NOT in any way a valid contract, commercial or otherwise.”

So, as you can see, while the poster of the original information was somewhat ‘almost’ correct about the law, it would not be enough to actually win your case or even make an argument that would survive scrutiny and challenge because it contains too many false premises and misstatements of fact and law in what it claims to be true. That’s a serious problem.

If you want to know and understand the actual law on a given subject, it takes real time and effort to learn it effectively and to consider all of the nuances and implications that may exist within its language, especially when it makes reference to multiple outside statutes in relation to what this specific statute is considered as doing or already having done. You aren’t usually going to learn this in an hour of superficially skimming over the text. You most likely aren’t even going to accomplish this with really hard study and analysis over several days, for which you could most certainly make the argument is an intentional means of layering the actual implications of the law to provide job security for attorneys and judges who love to make you feel like they are smarter and know more than you, which is only about a quarter correct. They DO know more than you about how to read and understand the law, because they have had overly expensive and specialized training in doing so. However, that is still not proof in and of itself that they are really any good and competent at it, because have proven to be substandard in virtually every way imaginable when it comes to subjects such as this.

Learning law is not easy, nor really even all that rewarding by itself. But, when you need the law, and you need to use it to protect and defend yourself from those who would use and abuse it to give them the appearance of power and control over you, you will be glad that you took the time and learned how to understand and do it all properly.

Below is an external link to a news article about someone who understood this necessity well enough to make the choice and pursue the fight sans an attorney. By refusing to use an attorney, and learning how to use the law correctly and properly, this man probably saved his own life, if not merely many decades in prison, for a crime that he didn’t commit. Shouldn’t we all care enough about ourselves and or loved ones to make the same preparations by learning and training to fight back when needed?

Black man who acted as his own attorney acquitted of murder

Actual Defense Motions & Criminal Complaint for Challenging Texas Transportation Code Cases.

July 25, 2018 Tao of Law2 Comments

Apologies for My Extended Absence in Posting New Content.

Hello all. I realize it has been awhile since I’ve posted on the blog, but I have been swamped with rewriting the legal due process and ‘traffic’ seminar material, organizing and preparing for the availability of on-line classes, and trying to design an upcoming greenhouse aquaponics project (which I will be starting another blog on when I get it going).

Now that my extended absence has been explained, let’s get to the grist of this new article.

“Yippee Ki-yay, Motherfucker.”

For all you People that have been subjected to the highly fraudulent processes and procedures associated with being issued, and then having to deal with, a “transportation” related citation alleging the commission of a Texas Transportation Code regulated offense by some willfully ignorant and indoctrinated ‘bot minion of THE STATE OF TEXAS, I announce that it is time for you to rejoice. Below you will find three embedded documents that explain why. I hope that you never have to use them, but, if you do, that you have the best chance possible in stomping the shit out of the opposition.

How to Read and Use Seminar Documents…

Just like all of the documents in the seminar material, you will find colored highlighting of certain sections of text. Each color has a specific meaning and requires a specific action by you when using the document. I’m sorry, but I don’t know how else to do this in a Word document so as to work just as well for those people who happen to be color blind, so please do your best.

The text that is highlighted in yellow signifies a piece of factual information that is specifically relevant to your case and its associated persons and events. These facts will take the form of dates, times, names, places, reference numbers, personal pronouns, etc., etc. For those facts that are repeated throughout the document, you can simply do a search and replace the text of the default fact to change it into the text specific to your case. This is especially easier than a manual replacement of each personal pronoun reference in the document. Personal pronouns will be terms such as I, you, he, she, it, we, they, me, him, her, us, and them.

Text that is highlighted in light blue (Cyan) signifies text that, if factually true, correct, and relevant to your specific matter, can simply have the Cyan highlighting removed and other wise left unchanged (except where there is also yellow highlighted text signifying a specific fact that needs to be changed). However, if the highlighted test is not true, correct, and relevant to your specific matter, it should be selected and completely deleted from the document.

In order to make certain that the use of search and replace didn’t confuse a personal pronoun reference for yourself with that of the officer, judge, or other party or person involved in facts of the matter as stated within the document, each personal pronoun use has its own qualifier prefix.

For instance, any personal pronoun that applies to you, as the Respondent, in the document, is highlighted in yellow and has the prefix “res,” as in “reshis/her,” “reshim/her,” “ress/he,” etc., etc. By doing a search and replace for either of these strings of characters (minus the double quotes), you can choose to replace each occurrence with the appropriate personal pronoun, such as “he” or “she”, “him” or “her”, “his” or “hers”, etc., etc.

By the same token, any personal pronoun that applies to a specific officer in the document is highlighted in yellow and has the prefix “off[Badge#],” as in “off[7856]his/her,” “off[7856]him/her,” “off[7856]s/he,” etc., etc. By doing a search and replace for either of these strings of characters (minus the double quotes), you can choose to replace each occurrence with the appropriate personal pronoun, such as “he” or “she”, “him” or “her”, “his” or “hers”, etc., etc.

Lastly, and just for an FYI kind of point, any personal pronoun that applies to a specific judge in the document is highlighted in yellow and has the prefix “jud[#],” where the pound sign (#) represents some number associated with that particular judge, i.e. the 1st judge I saw in the case was …, and the 2nd judge I appeared before or issued some order was …,” for which I’m sure you can figure out the rest of it from the above examples.

What the Embedded Documents Actually Are.

“Freedom! Yeah Baby!” ~ Austin Powers

The first document is an editable copy of a criminal complaint that YOU will be filing against the judge, in his/her magisterial capacity, who presides over the court in which your case is to be heard, if a certain condition precedent has been set, which it almost certainly will be.

This criminal complaint addresses the various highly illegal ‘form letters’ that are being used and issued as a fictitious and fraudulent legal order and summons by virtually every magistrate of every justice and municipal court in the entire Texas republic, regardless of what actual form that letter may actually take. Suffice it to say that, whatever form this letter does take, it still will not be in the form actually required by law to constitute a legally valid order and summons. The kicker is, that, the magistrate, as the head of the court and the one legally responsible for all that goes on there, by issuing these illegal form letters, is actually guilty of several high crimes and misdemeanors under both Texas and federal law. Crimes that unavoidably result in knowing and willful violations of your due process rights.

You will be filing this criminal complaint against the magistrate of the court based upon specific Texas law regarding the mandatory requirements for a specific ‘legal process’, which is the technical name for legal documents like judicial orders, warrants, summons, etc. The term usually refers to the kinds of legal documents that are required to be served at some specific point in time relevant to the progression of a prosecution, on a particular party associated with the matter before the court, and commanding some specific action from them, such as to appear in court on some stated specific date and time for instance. In this particular case, the legal process with which we are taking issue is that of imitating a legally valid summons, which the aforementioned form letter is fraudulently pretending to be.

The second document is an editable copy of a Motion to Quash the Unlawful Summons, i.e. the illegal form letter, which is to be filed jointly with the first document (criminal complaint).

When you read through this document, you will see what you need to be looking for in a valid legal summons, as well as what specific statutes govern the requirements for that specific type of legal process. Similar information will also be stated in the criminal complaint.

The third document is an editable copy of a Motion to Quash the Unlawful Citation & Complaint, which is also based upon specific legal requirements for such instruments under Texas law and the right of due process that are glaringly non-existent on the face of the citation and the criminal complaint created by THE STATE OF TEXAS.

Respondent’s Legal Armor, Sword, & Shield – The Documents.

Use them in good health and with extreme prejudice.

The Tao of Law 2.0 – The Texas Courts Survival Guide

July 5, 2017February 13, 2020 Tao of Law6 Comments

Texas How to… the “Docket Call”

This Chapter of the new traffic seminar book goes into the detailed “how to…” of handling the fictitious “docket call” proceeding that the lower courts have concocted and use to waste your valuable personal time, lose time from work, and basically cost you more in time and money in an effort to make you fold rather than fight when you receive a “uniform traffic citation.”

This information is accurate and up-to-date at the time of this writing, so you can rely on it for at least the next two years. However, be aware that legislative actions can be implemented at designated times throughout the time between legislative sessions, so it is always best to verify any statutory references with what is currently in publication in your state.

Here in Texas you can find the current versions of all state statutes on the Texas Legislature’s web site located here.

Your comments and feedback are welcome and appreciated.

The True Power of the People Over Unconstitutional Acts

December 22, 2016December 23, 2016 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:

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.
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
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.
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.
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.
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.
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.
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.
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.
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

What Say You?

May 28, 2016August 2, 2016 malva466Leave a comment

Statutory Breakdown of “Speeding” Allegation Elements in Texas

May 11, 2016March 30, 2019 Tao of Law9 Comments

What are the statutory elements required to actually ALLEGE and PROVE a “speeding” offense in Texas? Believe it or not, there are actually 21 individual statutory elements. Yes, that is a two (2) and a one (1). And it is my experience that the STATE knowingly and intentionally avoids providing the required due process Notice of more than two thirds of them in the criminal complaint and other charging instruments.

Which also means that they are denying the Accused in his/her due process right to Notice and defense of those elements, while also making their job as prosecutor unconstitutionally and illegally easier by not having to prove those that they fail or refuse to allege.

This article is intended to teach you how to perform legal analysis and observation in a “connect the dots” fashion. Read the statutes below and make your own conclusions about the necessary elements as I have listed them. But, while you do so, be sure to ask yourself how both the court and the prosecution can meet their individual burdens of ensuring that the Accused’s right of due process, including the right of proper, sufficient and timely Notice, are properly met under the statutes, as well as how they are not according to how they actually file the complaint. And I’ll preface that by pointing out this example.

The STATE cannot rely solely upon the elements asserted in Sec. 545.351(a) OR Sec. 545.352 as the basis for the allegation.

The exercise here is for you to figure out and recognize WHY that is and use it to make a defense according to the remaining statutory provisions.

Here are the individual elements that are actually required to be stated in a valid complaint and proven in a Texas “speeding” allegation according to the various interrelated statutes that follow. Consider that a criminal complaint that fails to state each of these elements is insufficient on its face in substance, as it fails to assert the necessary factual elements that would comprise the required legal Notice to the Accused, as well as that of what the state is required to both allege and prove for the allegation. These are direct violations of the right of due process and a total failure of the state to fully meet its burden of Notice and proof.

Who (your name),
Where (within the geographical boundaries of the city/county of…),
When (on April 1, 2016),
Did then and there,
What (specific regulated subject matter (while engaging in “transportation”)),
While [allegedly] acting as an “operator,”
Did [allegedly] “drive” (not “operate” like most complaints allege),
A[n alleged] “motor vehicle,”
Upon a highway of this state,
At a[n alleged] speed of xx,
Where the posted speed limit was xxx,
Which was [allegedly] greater than reasonable and prudent,
Under the circumstances and,
Conditions then existing,
And [allegedly] without regard for actual and potential hazards then existing,
Did [allegedly] fail in his duty to exercise due care,
By [allegedly] failing to avoid a collision,
With another
1. Person, or
  1. To wit (the injured person’s name),
2. Vehicle
  1. To wit (the vehicle year, make and model),

That was [allegedly]
1. Traveling on the highway, or
2. Entering the highway
In compliance with law.

At first you will probably see that the breakdown of Secs. 545.351 and 545.352 below look to be like either a bad web page render or is just a series of random and nonsensical breaks in sentence structure. But, if you really look at where and how the breaks in the sentence structure are done, you will see that it is broken down by its statutory parameters of conditions and objects. By breaking a statute down this way, it helps you greatly in clarifying and understanding how it actually reads and what it all means.

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 545. OPERATION AND MOVEMENT OF
VEHICLES

SUBCHAPTER
A. GENERAL PROVISIONS

Sec. 545.351. MAXIMUM SPEED REQUIREMENT.

(a) An
operator
may
not
drive
at
a speed
greater
than
is
reasonable and
prudent
under
the circumstances
then
existing.

(b) An operator:

(1) may not
drive
a vehicle
at
a speed
greater
than
is
reasonable and
prudent
under
the conditions and
having
regard
for
actual and
potential
hazards
then
existing; and

(2) shall
control
the speed
of
the vehicle
as
necessary
to
avoid
colliding
with
another
person
or
vehicle
that
is
on
or
entering
the highway
in
compliance
with
law and
the duty
of
each
person
to
use
due care.

(1) the operator
is
approaching and
crossing
an
intersection
or
railroad grade crossing;

(2) the operator
is
approaching and
going
around
a curve;

(3) the operator
is
approaching
a hill crest;

(4) the operator
is
traveling on
a narrow
or
winding roadway; and

(5) a special hazard
exists
with
regard
to
traffic,
including
pedestrians,
or
weather
or
highway conditions.

Sec. 545.352. PRIMA FACIE SPEED LIMITS.

(a) A speed
in excess
of
the limits
established by
Subsection (b)
or
under another provision
of
this
subchapter
is
prima facie evidence
that
the speed
is
not
reasonable and
prudent and
that
the speed
is
unlawful.

(b) Unless
a special hazard
exists
that
requires
a slower speed
for
compliance
with
Section 545.351(b),
the following speeds
are
lawful:

(1) 30 miles per hour
in
an urban district
on
a street
other
than
an
alley and
15 miles per hour
in
an
alley;

(2) except
as
provided by
Subdivision (4),
70 miles per hour
on
a highway
numbered by
this state
or
the United States
outside
an
urban district,
including
a farm-to-market
or
ranch-to-market
road;

(3) except
as provided by
Subdivision (4),
60 miles per hour
on
a highway
that
is
outside
an
urban district and
not
a highway
numbered by
this state
or
the United States;

(4) outside an
urban district:

(A) 60 miles per hour
if
the vehicle
is
a school bus
that
has passed
a commercial motor vehicle inspection
under
Section 548.201 and
is
on
a highway
numbered by
the United States
or
this state,
including
a farm-to-market road;
or

(B) 50 miles per hour
if
the vehicle
is
a school bus
that:

(i) has
not
passed
a commercial motor vehicle inspection
under
Section 548.201;
or

(ii) is traveling
on
a highway
not
numbered by
the United States
or
this state;

(5) on
a beach,
15 miles per hour;
or

(6) on
a county road
adjacent to
a public beach,
15 miles per hour,
if
declared by
the commissioners court
of
the county.

(c) The speed limits
for
a bus
or
other vehicle
engaged
in
the business
of
transporting passengers
for
compensation
or
hire,
for
a commercial vehicle
used as
a highway post office vehicle
for
highway post office service
in
the transportation
of
United States mail,
for
a light truck, and
for
a school activity bus
are
the same
as
required
for
a passenger car
at
the same time and
location.

(d) In
this section:

(1) “Interstate highway”
means
a segment
of
the national system
of
interstate and
defense highways
that
is:

(A) located
in
this state;

(B) officially designated by
the Texas Transportation Commission; and

(2) “Light truck”
means
a truck
with
a manufacturer’s
rated carrying capacity
of
not
more
than
2,000 pounds,
including
a pick-up truck,
panel delivery truck, and
carry-all truck.

(3) “Urban district”
means
the territory
adjacent
to and
including
a highway,
if
the territory
is
improved
with
structures
that
are
used for
business,
industry,
or
dwelling houses and
are
located
at
intervals
of
less than
100 feet
for
a distance
of
at least
one-quarter mile
on
either side
of
the highway.

(e) An entity
that
establishes
or
alters
a speed limit
under
this
subchapter
shall
establish
the same
speed limit
for
daytime and
nighttime.

Now, using the example above of how to break down a statute in order to understand it better, read the following statutes and practice breaking them down in the same manner. Don’t worry about how hard it seems at first, because the more you practice doing it, the easier and more natural it feels and becomes. You will be surprised how much easier it gets. I even did the first one for you so you can learn to see the patterns involved.

Just understand that you ALWAYS want to break and isolate “and,” “but”, or “or,” and most times “if.” You will also want to break at conditional statements like “are,” “at least,” “less than,” “greater than,” etc.

You will be surprised at how you will begin to translate this breakdown practice into virtually everything you read. You will gain insight and understanding in written matter that you never knew you were capable of, and how few other people actually understand the things they are reading because they don’t do it. And that especially applies to attorneys.

TRANSPORTATION
CODE

TITLE
7. VEHICLES AND TRAFFIC

SUBTITLE
B. DRIVER’S LICENSES AND PERSONAL IDENTIFICATION CARDS

CHAPTER
522. COMMERCIAL DRIVER’S LICENSES

SUBCHAPTER A. GENERAL PROVISIONS

Sec.
522.003. DEFINITIONS. In this chapter:

…

(3) “Commercial driver’s license” means
a license
issued to
an individual
that authorizes
the individual
to drive
a class of
commercial motor vehicle.

(4) “Commercial learner’s permit” means
a permit
that restricts
the holder
to driving
a commercial motor vehicle
as provided by
Section 522.011(a)(2)(B).

(5) “Commercial motor vehicle” means
a motor vehicle
or
combination of
motor vehicles
used
to transport
passengers
or
property
that:

(A) has
a gross combination weight
or
a gross
combination weight rating of
26,001
or
more pounds,
including
a towed unit
with a
gross vehicle weight
or
a gross vehicle weight rating of
more than
10,000 pounds;

(B) has
a gross vehicle weight
or
a gross vehicle weight rating of
26,001
or
more pounds;

(D) is
transporting hazardous materials
and
is required
to be placarded
under 49 C.F.R. Part 172, Subpart F.

…

(8) “Department”
means
the Department of Public Safety.

(9) “Disqualify” means
to withdraw
the privilege
to drive
a commercial motor vehicle,
including
to suspend,
cancel,
or
revoke
that privilege
under a state
or
federal law.

(10) “Domicile” means
the place
where
a person
has the person’s
true,
fixed,
and permanent
home
and
principal residence
and
to which
the person
intends to
return whenever absent.

(11) “Drive” means to
operate
or
be in
physical control of
a motor vehicle.

(12) “Driver’s license” has
the meaning
assigned by
Section 521.001,
except
the term
does not
include
a commercial learner’s permit
unless
otherwise provided by
this chapter.

(13) “Drug” has the meaning
assigned by
Section 481.002, Health and Safety Code.

(14) “Employer” means
a person
who owns
or
leases
a commercial motor vehicle
or
assigns
a person
to drive
a commercial motor vehicle.

(15) “Federal act” means
the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. Section 2701 et seq.).

(16) “Foreign jurisdiction” means
a jurisdiction
other than
a state.

(17) “Gross combination weight rating” means
the value specified by
the manufacturer
as the loaded weight of
a combination
or
articulated vehicle
or,
if
the manufacturer
has not specified
a value,
the sum of
the gross vehicle weight rating
of the power unit
and
the total weight of
the towed unit
or
units
and
any load on
a towed unit.

(18) “Gross vehicle weight rating” means
the value specified by
the manufacturer
as the loaded weight of
a single vehicle.

(19) “Hazardous materials” has
the meaning
assigned by
49 C.F.R. Section 383.5.

(20) Repealed by Acts 2001, 77th Leg., ch. 941,
Sec. 43, eff. Sept. 1, 2001.

(21) “Motor vehicle” means
a vehicle,
machine,
tractor,
trailer,
or
semitrailer
propelled
or
drawn
by mechanical power
and
used
on
a highway.
The term does not include
a vehicle,
machine,
tractor,
trailer,
or
semitrailer
operated exclusively
on
a rail.

(22) “Non-domiciled commercial driver’s license” means
a commercial driver’s license
issued by
a state
to
an individual
who
is domiciled
in
a foreign jurisdiction.

(22-a) “Non-domiciled commercial learner’s permit” means
a commercial learner’s permit
issued by
a state
to
an individual
who is
domiciled in
a foreign jurisdiction.

(23) “Out-of-service order” means:

(A) a temporary prohibition against
driving
a commercial motor vehicle
issued under
Section 522.101,
the law of another state,
49 C.F.R.
Section 383.5,
386.72, 392.5,
392.9a, 395.13,
or
396.9,
a law
compatible with
those federal regulations,
or
the North American Standard Out-of-Service Criteria;
or

(B) a declaration by
the Federal Motor Carrier Safety Administration
or
an authorized
enforcement officer of
a state
or
local jurisdiction
that
a driver,
commercial motor vehicle,
or
motor carrier operation
is
out of service
under 49 C.F.R.
Section 383.5,
386.72, 392.5,
392.9a, 395.13,
or
396.9,
a law
compatible with
those federal regulations,
or
the North American Standard Out-of-Service Criteria.

(23-a) “Person”
includes
the United States,
a state,
or
a political subdivision of
a state.

(24) “Secretary” means
the United States
secretary of transportation.

(24-a) “Seed cotton module” means
compacted seed cotton in
any form.

(25) “Serious traffic violation” means:

(A) a
conviction
arising from
the
driving of
a motor vehicle,
other than a
parking,
vehicle weight,
or
vehicle defect violation,
for:

(i) excessive speeding,
involving a
single charge of
driving 15 miles per hour
or
more
above
the posted speed limit;

(ii) reckless driving,
as defined by
state
or
local law;

(iii) a violation of
a state
or
local law
related to
motor vehicle traffic control,
including
a law
regulating
the operation of
vehicles
on highways,
arising in
connection with
a
fatal accident;

(iv) improper
or
erratic
traffic lane change;

(v) following
the vehicle
ahead
too closely;
or

(vi) a violation of
Sections 522.011
or
522.042;
or

(B) a violation of
Section 522.015.

(26) “State” means
a state of
the United States
or
the District of Columbia.

Sec. 201.904. SPEED SIGNS.
The department shall erect and maintain on the highways and roads of this state appropriate signs that show the maximum lawful speed for commercial motor vehicles, truck tractors, truck trailers, truck semitrailers, and motor vehicles engaged in the business of transporting passengers for compensation or hire (buses).

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 541. DEFINITIONS

SUBCHAPTER
A. PERSONS AND GOVERNMENTAL AUTHORITIES

Sec.
541.001. PERSONS. In this subtitle:

(1) “Operator” means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle.

(2) “Owner” means, as used in reference
to a vehicle, a person who has a property interest in or title to a
vehicle. The term:

(A) includes a person entitled to use and possess
a vehicle subject to a security interest;
and

(B) excludes a lienholder and a lessee whose
lease is not intended as security.

(3) “Pedestrian” means a person on
foot.

(4) “Person” means an individual, firm, partnership, association, or corporation.

(5) “School crossing guard” means a responsible
person who is at least 18 years of age and is designated by a local authority
to direct traffic in a school crossing zone for the protection of children
going to or leaving a school.

Sec. 24.013. AIRCRAFT FUEL CONTAINERS; OFFENSE.

(a) A person commits an offense if the person
operates or intends to operate an aircraft equipped with:

(1) a fuel container that the person knows does
not conform to federal aviation regulations or that has not been approved by
the Federal Aviation Administration by inspection or special permit; or

(2) a pipe, hose, or auxiliary pump that is used
or intended for transferring fuel to the primary fuel system of an aircraft
from a fuel container that the person knows does not conform to federal
aviation regulations or that has not been approved by the Federal Aviation
Administration by inspection or special permit.

(b) An offense under Subsection (a) is a felony
of the third degree.

(c) A peace officer may seize an aircraft
equipped with a fuel container that is the subject of an offense under
Subsection (a).

(d) An aircraft seized under Subsection (c) may
be forfeited to the Department of Public Safety in the same manner as property
subject to forfeiture under Article 18.18, Code of Criminal Procedure.

(e) An aircraft forfeited under Subsection (d) is
subject to Chapter 2205, Government Code.

(f) In this section:

(1) “Federal aviation regulations”
means the following regulations adopted by the Federal Aviation Administration
as those regulations existed on September 1, 1985, except a regulation in
existence on September 1, 1985, that is inconsistent with a regulation adopted
after that date:

(A) certification procedures for products and
parts, 14 C.F.R. Part 21;

(B) maintenance, preventive maintenance,
rebuilding, and alteration regulations, 14 C.F.R. Part 43; and

(2) “Operate” means to use, cause to use, or authorize to use an aircraft for air navigation and includes:

(A) the piloting of an aircraft, with or without
the right of legal control;

(B) the taxiing of an aircraft before takeoff or
after landing; and

Sec.
541.002. GOVERNMENTAL AUTHORITIES. In this subtitle:

(1) “Department” means the Department
of Public Safety acting directly or through its authorized officers and agents.

(2) “Director” means the public safety
director.

(3) “Local authority” means:

(A) a county, municipality, or other local entity
authorized to enact traffic laws under the laws of this state; or

(B) a school district created under the laws of
this state only when it is designating school crossing guards for schools
operated by the district.

(4) “Police officer” means an officer
authorized to direct traffic or arrest persons who violate traffic regulations.

(5) “State” has the meaning assigned by
Section 311.005, Government Code, and includes a province of Canada.

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE J. MISCELLANEOUS PROVISIONS

CHAPTER 724. IMPLIED CONSENT

SUBCHAPTER
A. GENERAL PROVISIONS

Sec.
724.001. DEFINITIONS. In this chapter:

(1) “Alcohol concentration” has the
meaning assigned by Section 49.01, Penal Code.

(2) “Arrest” includes the taking into
custody of a child, as defined by Section 51.02, Family Code.

(3) “Controlled substance” has the
meaning assigned by Section 481.002, Health and Safety Code.

(4) “Criminal charge” includes a charge
that may result in a proceeding under Title 3, Family Code.

(5) “Criminal proceeding” includes a
proceeding under Title 3, Family Code.

(6) “Dangerous drug” has the meaning
assigned by Section 483.001, Health and Safety Code.

(7) “Department” means the Department
of Public Safety.

(8) “Drug” has the meaning assigned by
Section 481.002, Health and Safety Code.

(9) “Intoxicated” has the meaning
assigned by Section 49.01, Penal Code.

(10) “License” has the meaning assigned
by Section 521.001.

(11) “Operate” means to drive or be in actual control of a motor vehicle or watercraft.

(12) “Public place” has the meaning
assigned by Section 1.07, Penal Code.

Breakdown of Elements in a Speeding Charge

Criminal Complaint

Texas Legislature – Why Statist Idiots Should NOT Be Elected to Public Office (1)

May 10, 2016June 29, 2016 Tao of Law5 Comments

This letter is a response from one of our many Statist and inept Texas State senators. And like most, she is clueless about individual rights and who can and cannot do what, with what, and when, or to whom. So, I decided to show her what I think would have been a proper redress of her response letter:
=======================================================
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Dear Madam,

First, how are the other girls in the local cat-house doing? I ask only out of concern that you might have to return there for your future employment, because your response to me is not only ineptly inaccurate and misinformed, it goes to proving that you certainly aren’t cut out to act as MY representative in MY republican form of government. In fact, it shows precisely why people like you should not be allowed to serve in government at all.

Your response letter paints you as someone that clearly does not understand the concept of individual rights and liberty, while also demonstrating that you don’t even remotely comprehend the standards of a Republican form of government. But it also makes it clear that you are at the very least either a STATIST liberal or the pawn of those who are. Your response is ample evidence that you believe most strongly in the church and religion of the STATE as somehow being the supreme authority and master of the People. And you maintain this mindset even though we created both the government and your position within it. And in that regard, your very existence is completely dependent on our consent, which you have only so long as we choose to remain mostly ignorant and apathetic of just how little all people like you are actually needed or wanted anymore. Which tells me that you are even less than clueless as to your actual place in the political food chain, which is properly at the bottom with the rest of the discarded whale shit.

In your letter, you asserted that “Freedom to travel is a right granted by the United States Constitution.” This statement is unquestionably and demonstrably incorrect and misinformed. If you think not, then please answer me this; just HOW did the founding fathers get around BEFORE the constitutional convention that created the federal constitution? How did they travel from their homes to Philadelphia Pennsylvania BEFORE the constitution existed and allegedly GRANTED a “right to travel?” Did they do it all by FAX and teleconference until they could create the constitution so they could actually travel there and meet in person? Did they use mail that was brought in on horseback? Oh, wait, they couldn’t have done that, that would be traveling, and the constitution didn’t exist yet to grant them that right.

Maybe you would respond to me by saying that they had the Articles of Confederation as their authority granting the right to travel from place to place? Do you think that answer is actually any better in terms of its stupidity considering that the people were traveling about the globe long before either of those documents even existed? And you should know and understand that even today We the People have the same right to locomotion and travel from place to place regardless of the existence of either of these or any other document. Does this concept of yours regarding “liberty through paperwork” suddenly sound as idiotic to you as your declaratory misstatement of facts did to me? Good. Then you can now see my point as to why I view you as unfit to represent me or any other living being in any capacity that requires decision making authority. Personally, I wouldn’t give you the authority required to scrape used chewing gum off the bottom of tables.

As John F. Kennedy is quoted as saying:

And you clearly have very little concern or consideration of thought about vomiting what is certainly nothing more than your unresearched and wholly unsubstantiated and cliched opinions in the face of those for whom you took an oath and are required to serve as well as to keep them fully and accurately informed of the facts and the laws. And you spew your illiteracy openly upon all with a straight face and no readily apparent emotional qualms as to the detrimental affect of your disinformation, which makes you nothing less than a psychopath yearning for an upgrade to sociopath. And just in case those words are also too big for you to comprehend, let me assist you there as well:

psychopath [sahy-kuh-path] noun

1. a person with a psychopathic personality, which manifests as amoral and antisocial behavior, lack of ability to love or establish meaningful personal relationships, extreme egocentricity, failure to learn from experience, etc.

sociopath [soh-see-uh-path, soh-shee-] noun

1. a person with a psychopathic personality whose behavior is antisocial, often criminal, and who lacks a sense of moral responsibility or social conscience.

But, let’s get back to the discussion of your overall incompetence.

I know that individual rights and liberty may seem like a new concept to you, but I am appalled by your complete lack of understanding of the fact that the state and federal constitutions DO NOT grant a single right to the People. ALL of the People’s INNUMERABLE (I know, it’s also a big word for you, but it simply means “you can’t count them”) rights are inherent and unalienable. And we may lose them ONLY as punishment for an actual crime committed against other living beings or their property. We the People neither transferred nor surrendered ANY of OUR individual rights to you or any other member of the Texas Legislature in your capacity as one of our governmental actors and public SERVANTS, and this includes, but is not limited to, our right of liberty through locomotion of our own whim and choosing. We gave each of you a very limited delegation of authority to act on OUR behalf in the protection of these inherent fundamental individual rights, not your flawed personal designs, desires, and vision of individual liberty or the equally reprehensible perspective of the corporate state. Especially when it directly conflicts with your first and most high mandate of protecting each and every one of the People’s individual rights and property.

I am also appalled that you totally fail to understand that, in terms of serving in a governmental capacity, it is YOU that have no “rights.” It is YOU that has ONLY delegated privileges in the exercise of your delegated powers, powers that may not be exercised against and to the detriment of the very source of those powers, We the People. And most assuredly not against our private individual lives and property in any adverse way or manner. At least, not outside of having been convicted for committing an actual crime that harmed other people or their property. Furthermore, those delegated powers do NOT provide you with any authority to apply them in any other areas of our collective lives that we did not specifically grant to you. As any delegation of power and authority to handle our PUBLIC business is NOT a simultaneous delegation to meddle and interfere in our private lives and business. Meaning that it is all of you that are the ones acting under PRIVILEGE, because you cannot act without first being so authorized by We the People in exercising ANY of those powers and authority at all. All of the rights we have and exercise as individuals is NOT subject to a majority vote by anyone, as that would make us a democracy and those rights a mere privilege. And you know full well that we are NOT a democracy, we are a Republic. And We the People do not exercise any sort of privilege in our pursuit of life, liberty and happiness. We do it as a matter of RIGHT! And you and your kind have clearly forgotten that irrefutable fact.

The People’s individual rights existed long before ANY political or corporate state or constitution EVER did. They existed long before the Articles of Confederation or even the Magna Carta. These all just happen to be documents that the People of the day created and forced upon you, our public servants in government, at the point of a sword or the barrel of a musket to ensure that you all remembered to recognize that fact. Obviously you, and many others like you, don’t remember like you should, or even understand the eventual consequences of trying to once again make yourselves kings and queens with some imaginary divine and absolute power to rule over and dictate to the rest of us. These limitations upon government’s ability to act were written down so that the group of so-called “elites” who once held power in the former form of kings and queens, of which you apparently consider yourself a member, would know and remember it too. It was written down so that all forms of government, meaning YOU, could never come back later and say “I didn’t know that was wrong of me to do.”

You also have it wrong when you stated “The ability to travel on public roads in Texas, however, is a privilege granted by the State … .” Really? Just WHO the hell do you think actually owns the roads in Texas? Is it the People, who’s money is taken in numerous unconstitutional and illegal taxes to pay for those roads, or is it the corporate “STATE” that thinks it can both forcefully steal our money to pay for them and then continue to charge us for their use forever-after by licensing it back to us for numerous yearly fees and permissions? Just because you people have knowingly and willfully defrauded the public for more than 70+ years by intentionally misapplying the statutes regulating “transportation,” which is ENTIRELY a commercial occupation, does NOT mean that it is now a valid measure by which the state may deprive the People of their right to liberty through locomotion! Your blatant statist ignorance is more than apparent in its joining with the mindset held by most of our legislators in that proclaiming “we’ve always done it this way” somehow translates into “its perfectly lawful that we do it this way.” And that simply isn’t so.

The “Transportation” code you speak of was created by SB 971 in 1995, and was codified in several different enactments within Vernon’s Annotated Civil Statutes prior to that. But even those prior enactments have ALWAYS applied to and regulated only one thing, “TRANSPORTATION.” “Transportation” is an OCCUPATION, i.e. a BUSINESS USE of the highways for private profit or gain or the performance of public duties, and that code regulates only those things that relate to the specific legislatively mandated PRIVILEGED subject matter of “TRANSPORTATION,” not the private travel and use of the highways by the people themselves as a MATTER OF RIGHT!! Check the caption title of SB 971 as it was written by the 74th Legislature in 1995 for yourself and see that this is true. Provided that you can actually read the Bill rather than simply spouting off your own uninformed and inept perceptions of reality rather than the actual law that proves you to be either willfully ignorant or a knowing deceiver when it comes to providing informed and accurate answers to the people you claim to represent.

So sorry lady, a term I use loosely in this case, but the United States Supreme Court called and said that they have given their opinion on the matter of the “right to travel/ locomotion” many times already, just as the Texas courts have. And you should already know that the gist of their collective opinions is rather simple, the People have an ABSOLUTE RIGHT to use the roads for their own private business and pleasure WITHOUT permission or consent via licensing, registration or any other federal or STATE regulatory scheme outside of regulating traffic flow, because it is the people that own them and have every right of private use upon them for their own private business or pleasure. For one to engage in “transportation” is, however, an extraordinary use, and THAT is why it is a PRIVILEGE that requires these forms of regulation through licensing and registration of person’s and equipment. But the People’s RIGHTFUL use cannot be constitutionally converted into such a privilege and then licensed back to them for a fee.

Therefore, your assertion that “Travelers on public roads, for example, are subject to stop and arrest for violations of rules of the road listed in the Texas Transportation Code” is ALSO incorrect. Considering the legislature made it VERY clear that the regulated activity encompassed by the recodification, and the acts codified in Vernon’s prior thereto, related solely to the subject matter of “transportation,” then, it is inarguable that ONLY those person’s actively engaged in “transportation,” i.e. COMMERCIAL USE OF THE ROADS FOR PERSONAL/CORPORATE PROFIT OR GAIN THROUGH THE TRANSPORTATION OF PERSONS, GOODS, OR PROPERTY, FOR COMPENSATION OR HIRE BY A CARRIER, are subject to the “rules of the road listed in the Texas Transportation Code.” Not only because those are the ONLY actual actions that are involved in acts of “transportation” upon the highways, but also because the People themselves are not so engaged, and therefore, their actions are NOT in any way related to the subject matter of SB 971, which is what created the code itself! And if the People’s actions are NOT related to the subject matter of SB 971, which IS limited specifically to “transportation” as a commercial occupation, then NOTHING in that code, INCLUDING “rules of the road” contained in Subtitle C, can be lawfully or legally applied to the People, their private conveyances, or their actions. Perhaps if you actually UNDERSTOOD the LEGAL meaning of the terms and phrases you so casually throw around as a legislator you might be able to comprehend the actual and legal difference!

And there IS a very big difference in the proper legal application and the current misapplication of the “transportation” code. A difference that is created by the legal semantics of the terms and phrases used therein to describe the activity of “driving” and “operating” rather than “traveling” and “private use.” In most people’s common everyday usage, the meaning of the terms “driving” and “operating” are taken to be synonymous with “traveling/ private use.” However, in terms of the regulatory legal meaning and use when relating to legal definitions limited specifically to the subject matter of “transportation” within the code, “driving” and “operating” both mean “DRIVING OR OPERATING IN AN OCCUPATION OR BUSINESS FOR WHICH ONE IS BEING PAID.” Which means that you provided your answer without first verifying whether a single assertion of alleged fact within it was actually constitutionally and legally correct. You simply assumed, and then stated how you understood and want it all to work. And all without actually knowing or caring to know by verifying the information you were asked to address. But this time your false assumption was limiting to making an ass out of you rather than me. Which goes a long way to proving that you are also a fucking statist libtard idiot that understands nothing about statutory meaning and construction and the UNLIMITED rights of the People in contrast to the VERY LIMITED powers of government. At least, that is the impression I have formulated based upon your inept response for the purposes of THIS discussion on the “right to travel/ locomotion” and the functioning of a proper Republican form of government in general.

Do you actually think that the political body of the state is something other than the People themselves? We the People have EVERY RIGHT to use the roads for our own personal business and pleasure using our own cars and other conveyances. Those conveyances are our private property, to which we have every right of acquisition, disposal and use, just as we do with any other thing or property that we might lawfully and rightfully purchase and make use of, and just as the very roads themselves are OURS! The roads belong to US, NOT to YOU or the corporate state!! Our individual right of private use is not subject to a vote, the whims of social policy, or any STATE mandated licensing and regulation.

Perhaps you honestly don’t know this, which I doubt, but even the Texas Administrative Code makes it abundantly clear that the sole agency to whom all “transportation” enforcement authority is assigned and delegated by statute, the Department of Public Safety of the State of Texas (“DPS”), is limited in that authority to regulatory programs relating to “commercial and ‘for hire’ traffic.” Those regulatory programs have NEVER applied to the privately traveling general public in any way. And it is not and never has been a “state granted privilege” for We the People to exercise any of these rights. And at the risk of sounding repetitive, the roads are bought and paid for BY US for OUR use, just like our cars and other conveyances. Neither the STATE nor you own them or have ANY lawful authority to REGULATE them in any way involving licensing, registration, inspection, mandatory insurance of any kind, or anything at all having to do with the sale or purchase for private use. WE ARE THE ONES THAT OWN THE ROADS AND OUR PRIVATE CONVEYANCES!! Get it?!?! You are nothing more than the appointed caretaker of OUR roads and the duty-bound protector of our right to free access and use of our private property upon them unencumbered by governmental interference and intrusion. And part of your duty is to ensure that those roads are maintained in good working order for OUR private personal use, NOT yours, and certainly not that of any BUSINESS alone.

Texas Administrative Code

Next Rule>>

TITLE 37	PUBLIC SAFETY AND CORRECTIONS
PART 1	TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 1	ORGANIZATION AND ADMINISTRATION
SUBCHAPTER A	OBJECTIVE, MISSION, AND PROGRAM
RULE §1.2	Mission

The mission of the Texas Department of Public Safety is:

(1) to supervise traffic on rural highways;
(2) to supervise and regulate commercial and “for hire” traffic;
(3) to preserve the peace, to investigate crimes, and to arrest criminals;
(4) to administer regulatory programs in driver licensing, motor vehicle inspection, and safety responsibility; and
(5) to execute programs supplementing and supporting the preceding activities.

Source Note: The provisions of this §1.2 adopted to be effective January 1, 1976

Add to that the proof that the regulatory programs run by the DPS relates ONLY to the above stated mission of “regulating commercial and ‘for hire’ traffic” as found within Rules §1.3(b) and §1.4 of the Administrative Code, and you have evidence of a massive fraud being perpetrated by the state and its administrative agencies upon the general public for the purpose of fraudulent and unconstitutional mass taxation outside of constitutional authority and prohibitions. In other simpler words, conspiracy and collusion to defraud and extort monies from the People.

The corporate “STATE” is both created and paid for by We the People, and is empowered to contract for the purposes of the planning, building and care-taking of OUR roads. The roads belong to the PEOPLE, and using them is NOT a privilege granted to us by ANYONE, least of all our SERVANTS or a legal fiction in the form of a political body called the “STATE!” It is a RIGHT that we have always had and still hold regardless, because WE have paid for those roads with OUR money. We paid for a SERVICE that we rightfully expect to be provided by our public servants, NOT a transfer of rightful ownership or totalitarian control over something that belongs to all of the People as a public resource. The roads are for OUR shared individual use in conducting OUR personal business and pleasure as a matter of RIGHT!! ONLY those that are using the public roads for PRIVATE PROFIT AND GAIN or in a governmental capacity are acting under a privilege. The privilege of using a publicly owned resource for personal/ corporate profit or gain or public service. The rest of us ARE NOT you moron!!

Disrespectfully signed,

YOU’RE FUCKING FIRED!!

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

March 16, 2016August 21, 2016 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.”

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

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?DocKey=PE%2fPE.1&Phrases=%22law+means%22&HighlightType=1&ExactPhrase=True&QueryText=%22law+means%22

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.

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

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.

Tao of Law

Learn the way the 'legal' system REALLY works.

Category: Texas Constitution

The True Meaning and Purpose of Individual Rights.

“I’ll make you famous….” ’cause “Homey don’t play ‘dat.”

The Problems with Being ‘Almost’ Right About the Law.

Actual Defense Motions & Criminal Complaint for Challenging Texas Transportation Code Cases.

Apologies for My Extended Absence in Posting New Content.

“Yippee Ki-yay, Motherfucker.”

How to Read and Use Seminar Documents…

What the Embedded Documents Actually Are.

Respondent’s Legal Armor, Sword, & Shield – The Documents.

The Criminal Complaint:

The Motion to Quash Unlawful Summons:

The Motion to Quash Unlawful Citation & Complaint:

The Tao of Law 2.0 – The Texas Courts Survival Guide

Texas How to… the “Docket Call”

The True Power of the People Over Unconstitutional Acts

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”

The People’s Declaration of Relief and Redress

What Say You?

Statutory Breakdown of “Speeding” Allegation Elements in Texas

Texas Legislature – Why Statist Idiots Should NOT Be Elected to Public Office (1)

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

Apologies for My Extended Absence in Posting New Content.

“Yippee Ki-yay, Motherfucker.”

How to Read and Use Seminar Documents…

What the Embedded Documents Actually Are.

Respondent’s Legal Armor, Sword, & Shield – The Documents.

The Criminal Complaint:

The Motion to Quash Unlawful Summons:

The Motion to Quash Unlawful Citation & Complaint:

Texas How to… the “Docket Call”

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”

The People’s Declaration of Relief and Redress

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”