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Rumor Mill News Reading Room, Current Archive

Reader Charles: "TORT BACK UP AND PERFECTION"

Posted By: hobie
Date: Saturday, 9-Jan-2021 07:27:46
www.rumormill.news/143299

(Thanks, C. :)

Reader Charles Miller w2rites:

=====

TORT BACK UP AND PERFECTION

THE TORT IS BEING DENIED ACCESS TO AND PROTECTION OF THE LAW!



RESERVATION OF RIGHTS IS EXCLUSIVE TO DEPOSITING CREDITORS HOLDING THE BENEFICIARIES POSITION, EXECUTED BY BAILORS AS CONSUMERS ACTING IN FULL STANDING UNDER AUDIT FOR ACCOUNTING OF OBLIGATIONS.
( Notes 1, 2, 3, 4.
NG IN FULL STANDING UNDER AUDIT FOR ACCOUNTING OF OBLIGATIONS.

Articles of Confederation, 1777.And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said Articles of Confederation and perpetual Union. Know Ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents,....( Emphasis added.)

Pennsylvania Constitution, 1776.IV. That all power being originally inherent in, and consequently derived from, the people; therefore all officers of government, whether legislative or executive, are their trustees and servants, and at all times accountable to them.

New York Constitution, 1777. I. This convention, therefore, in the name and by the authority of the good people of this State, doth ordain, determine, and declare that no authority shall, on any presence whatever, be exercised over the people or members of this State but such as shall be derived from and granted by them.

Preamble, Constitution for the United States of America, 1789. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. )

SHOW WHERE THE PROMISES HAVE BEEN KEPT, THE DEBT PAID, OR ADMIT TO THE CRIME OF BREACH OF CONTRACT RESULTING IN CIVIL RIGHTS CRIMES AND NUMEROUS DERIVATIVE FELONIES.

THERE IS NO AUTHORITY GRANTED TO ANY GOVERNMENT LEGISLATIVE DEPARTMENT TO REGULATE THE PEOPLE.

THE PEOPLE ARE NOT IDENTIFIED BY CONSTITUTIONS AS EITHE SUBJECTS NOR OBJECTS OVER WHICH GOVERNMENTS HOLD AUTHORITY.

NONE OF THE PEOPLE HOLD POWERS TO REGULATE THEIR NEIGHBORS, THUS, AS CREATORS TO GOVERNMENTS , WE, COULD NOT AUTHORIZE POWERS TO GOVERNMENTS WE DO NOT HAVE.

PLEASE LET SOME ONE ATTEMPT TO PROVE THESE STATEMENTS INVALID.
Minions and government actors of franchise holders are servants.
Servants never control the master, the People.

EITHER VALID AND BINDING FULL FAITH AND CREDIT PUBLIC RECORD OR NOT!!!

Neither President nor Governor(s) Have Authority to Close Anything in the Private Sector.
This is NOT an opinion. This was the ruling of the United States Supreme Court shortly after the "Civil War" in Ex parte Milligan, 71 U.S. 2 (1866) which yet stands to this day:

"The Constitution for the United States is a law for rulers and people equally in war and in peace…at all times, and under all circumstances. No doctrine…was ever invented… than that any of its provisions can be suspended during any of the exigencies [emergencies/urgencies] of government." pp. 120-121

“...there is no law for the government of the citizens, the armies or the navy of the United States, within American jurisdiction, which is not contained in or derived from the Constitution.” p. 141

In 16 American Jurisprudence 2d, a legal encyclopedia of United States law, suspension of the Constitution is prohibited, as follows:

“It is sometimes argued that the existence of an emergency allows the existence and operation of powers, national or state, which violate the inhibitions of the Federal Constitution. The rule is quite otherwise. NO emergency justifies the violation of any of the provisions of the United States Constitution." Section 71

"...Neither the legislature nor any executive or judicial officer may disregard the provisions of the Constitution in case of an emergency…" Section 98

Therefore, ANYONE who declares the suspension of constitutionally guaranteed rights (to freely travel, peaceably assemble, earn a living, freely worship, etc.) and/or attempts to enforce such suspension within the 50 independent, sovereign, continental United states of America, is making war against our constitution(s) and, therefore, we, the people. They violate their constitutional oath and, thus, immediately forfeit their office and authority and their proclamations may be disregarded with impunity and that means ANYONE; even the Governor and President!

“A law repugnant to the Constitution is void. An act of Congress repugnant to the Constitution cannot become a law. The Constitution supersedes all other laws and the individual’s rights shall be liberally enforced in favor of him, the clearly intended and expressly designated beneficiary.” – Marbury vs. Madison, 5 U.S. 137 (SCOTUS—1803)

“An unconstitutional law is void and is as no law. An offense created by it is not crime. A conviction under it is not merely erroneous but is illegal and void and cannot be used as a legal cause of imprisonment.” – Ex parte Siebold, 100 U.S. 371 (SCOTUS—1879)

“An unconstitutional act is not law. It confers no rights; it imposes no duties; affords no protection; it creates no office. It is, in legal contemplation, as inoperative as though it had never been passed.” – Norton vs. Shelby County, 118 U.S. 425 (SCOTUS—1886)

“Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them.” – Miranda vs. Arizona, 384 U.S. 436 (SCOTUS—1966)

"The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statue, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows: The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

"Since an unconstitutional law is void, the general principals follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it...A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." – 16 American Jurisprudence 2d, Sec. 177

“No one is bound to obey an unconstitutional law, and no courts are bound to enforce it. The general rule is that an unconstitutional statute, whether federal or state, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed.” – 16 American Jurisprudence 2d,, Sec. 256

Executive Orders and other Presidential Directives have no general applicability and lawful effect on anyone other than those in the Executive branch of government and even they must be Constitutional. In Confederate Bands of Ute Indians vs. United States, 330 U.S. 169 (1947), the U.S. Supreme Court noted that presidential authority may not be created by arbitrary action of the President of the United States even if an Executive Order was issued.

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AN EXPLANATION OF THE FACTIONS