For Purple Mountain Majesty Above Thy Fruited Plains …
The Nature of the State: A Contract Between Generations
§ “Society is indeed a contract. Subordinate contracts for objects of mere occasional interest may be dissolved at pleasure — but the state ought not to be considered as nothing better than a partnership agreement in a trade of pepper and coffee, calico, or tobacco, or some other such low concern, to be taken up for a little temporary interest, and to be dissolved by the fancy of the parties. It is to be looked on with other reverence, because it is not a partnership in things subservient only to the gross animal existence of a temporary and perishable nature. It is a partnership in all science; a partnership in all art; a partnership in every virtue and in all perfection and imperfection. As the ends of such a partnership cannot be obtained in many generations, it becomes a partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born.”
— Edmund Burke: Reflections on the Revolution in France, 1790.
Contract: An agreement between two or more persons which creates an obligation to do or not to do a particular thing. As defined in Restatement, Second, Contracts § 3: “A contract is a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some ways recognizes as a duty.” Black’s Law Dict., 6th ed., page 322 (excerpted)
This definition is further refined in Contracts § 1-201(12) of the U.C.C. ; codified in every state,
§ 1-201(12) “Contract“, as distinguished from “agreement“, means the total legal obligation that results from the parties’ agreement as determined by the Uniform Commercial Code as supplemented by any other applicable laws.
According to these definitions, the CONSTITUTION is a CONTRACT ! See also: The LAW
The parties are: 1) We the People (hereafter “WE”); 2) the government. Under this “contract”, WE maintain that the government owes to WE the protection of all rights described within the four corners of the Contract, (organic law >> these 4 documents: Declaration of Independence; Articles of Confederation; Constitution: and Northwest Treaty).
On the other hand, WE agreed, under the Terms of the CONTRACT, to serve the government (without a breach of Contract) in conformance with the Rules (a.k.a. “Law”) of the Contract, performance v. performance. A quid pro quo!
Whenever WE appear in court, that expectation of “rights” is usually short-lived.
Why So? We the People believe, incorrectly, that the Constitution belongs in the category of a “Gratuitous contract”, where WE receive the benefits with no obligation (reciprocal duty) of a quid pro quo, i.e., compensatory compensation. Such a “contract” is untenable!
Actually, the Constitution creates a “Trust” ( a Public Trust ), under which the government is TRUSTEE, with the fiduciary responsibility to protect and preserve the rights of all beneficiaries to the CONTRACT (“WE”). However, this “Trust” Contract is NOT a Gratuitous Contract! Its’ beneficiaries also have a duty / obligation / quid pro quo duty.
Under the Contract the fiduciary responsibility of the government extends ONLY to certifiable beneficiaries, presumably “citizens” of the United States and domiciles (inhabitants) of at least One of the States or territories.
In order to receive the ‘benefits’, “WE” must consent to conform to the (organic) laws of the country. Accordingly, “WE” accept a fiduciary responsibility to “RESPECT the ‘civil’ rights” of every other citizen under the Constitution. In exchange, the Government promises to “Preserve” the individual rights of all citizens, and the RIGHT to Petition the government for a Redress of Grievances. Study the “1st Amendment” which ensures the “Right” to petition the government for a redress of grievances; a “remedy”.
When the Right to Petition the government is DENIED, the Petitioner is DENIED a remedy.
It follows, a priori, >>> the RIGHT from which the Petition arose NO LONGER EXISTS!
NOTE: I am unaware of any provision under the Constitution (TRUST / Contract) that protects every person in the “WE” category from being “offended”. To the contrary, I submit that every beneficiary to the provisions of the Public Trust and the rights derived therefrom, has a “fiduciary responsibility” to guarantee for each and every other beneficiary a “full and fair” opportunity to exercise their rights under the Trust, so long as the exercise thereof does Not Interfere with the free exercise of those rights by any other “beneficiary”. Ergo, any “claim” of being “offended” by the exercise of a Constitutional right by another beneficiary constitutes a “breach of contract” by the party claiming to have been “offended”. This amounts to little more than an exercise “at Law” to obtain an “UNJUST ENRICHMENT”!
“Society is indeed a (partnership via) contract. Subordinate contracts for objects of mere occasional interest may be dissolved at pleasure — See Burke, supra.
Many political scholars advocate that a “Benevolent Dictator” is the most perfect form of government over mankind. As tempting as this concept appears, it has one fatal flaw. Even benevolent dictators are not blessed with “immortality”!
For this reason, Laws are a necessary evil, unless they are administered fairly upon ALL.
The only stable state is the one in which all men are equal before the law. Aristotle (384 BC – 322 BC)
THE RULE OF LAW — The CONTRACT
• The People have the right to form or to abolish a government. Pa. Const., Article I, section 2.
• Governments derive their just powers from the consent of the governed; the sovereign People.
• Our United States government was established by the sovereign People to “‘protect and preserve” those inherent rights endowed and entrusted “to the People“ by our Creator under the Laws of Nature and of Nature’s God as enumerated in the Declaration of Independence (1776), and affirmed in the U.S. Constitution and/or the Constitution of Pennsylvania Article I [Inherent Rights of Mankind] upon all citizens of this Nation.
• Establishment of a government creates a CONTRACT between the government and the governed (“People”) to protect and preserve inalienable and indefeasible rights for the benefit of the People, individually and collectively. U.C.C. § 1-201(12)
• The People appoint / elect their governors to serve as trustees over a public trust. Trustees have a “fiduciary responsibility” to the beneficiaries of the trust.
• The model or formation of the government establishes the “delegation of authority” within government as to how and under what authority those trustees shall perform their duties. The “DUTY” thereto cannot be transferred from a trustee to a subordinate acting “under color of Law”.
• The U.S. Constitution as ratified by the several states contains the four corners of a document sufficient to meet the highest standards of an explicit CONTRACT. A question arises as to Whether or Not the U.S. Constitution was ever “ratified” by We the People, or whether it was merely accepted by members of the “state committees” designated with authority to DRAFT the Constitution. Unless the Constitution of 1789 was properly “ratified“, THERE IS NO CONSTITUTION and the U.S. Government is a “fraud”!
• The Inherent Rights of Mankind, those inalienable and indefeasible rights endowed by our Creator [Almighty God] upon all citizens of this Nation and are codified and affirmed in the Declaration of Independence (1776), U. S. Constitution and the Pa. Const., Article I.
• Governmental beneficence or benevolence did not and does not bestow upon We the People those Inherent Rights of Mankind which are an endowment by the Creator.
• The CONTRACT (“Law”) as codified by the U.S. Constitution creates a Public Service Trust for the Benefit of the People to be administered by “public servants”, a.k.a. “trustees”. 5 C.F.R.
• “Breach of trust” establishes “criminal conflict of interest”; 5 C.F.R. § 2635.101(c), supra.
• Under “trust law”, this constitutional CONTRACT burdens the government as “trustee” with a legal duty [fiduciary responsibility] to serve the People for the preservation of those Inherent Rights of Mankind under the Constitution.
• A “trustee” is charged with a fiduciary responsibility [legal duty] to administer the Public Trust’s assets (Constitutional rights) for its beneficiaries, We the People.
“Whoever is a fiduciary or in conscience chargeable as a fiduciary is expected to live up to them. — Buffum v. Peter Barceloux Co., 289 US 227, 237; 77 L.Ed. 1140, 1146, cited Braun v. Hansen, 103 F.2d 685 (1939), wherein it further states “being fiduciaries, the ordinary rules of evidence are reversed”, A fiduciary must obey the law,
• Public Trust assets include those inalienable and indefeasible ‘Inherent Rights of Mankind’ implicitly and explicitly endowed upon the People.
• Ratification of the U.S. Constitution creates “organic law” that affirms, codifies and authenticates the CONTRACT between the government and the sovereign People.
• Organic law is supreme and requires a constitutional amendment to modify or repeal such law; in short, organic law cannot be amended, modified or repealed by statute (or Rule).
• The U.S. Constitution, Article VI, clause 2, as ratified in 1791 declares itself to be
“… the supreme Law of the Land, and the judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.”
(The supremacy clause has not been amended or repealed.)
• Public Trust benefits are codified as “organic law” in the U.S. and PA Constitutions.
• The Commonwealth of Pennsylvania is one of thirteen original states that joined together to form the union known as The United States of America under the U.S. Constitution, “THE CONTRACT“.
• The colonial government of Pennsylvania (“PA“) was initially formed by treaties with King Charles of England. See “Frame of Government of 1682 for Pennsylvania”, hereafter “Frame of Govt.”.
• Organic Law (U.S. Const., Article VI) may and does incorporate treaties signed prior to ratification of the U.S. Constitution as Law, among which remains the “Frame of Govt.”.
• 1 Pa.C.S.A. § 1503 affirms Colonial law as remaining in full force and effect.
• In 1776, the government for the Commonwealth of Pennsylvania was formed with the consent of the People.
• A State Constitution establishing organic law as a similar trust contract between Pennsylvanians, “executors and beneficiaries”, and the Commonwealth of Pennsylvania as “trustee” under the Public Trust was ratified.
See 5 C.F.R. § 2635.101.
5 CFR § 2635.101 (a) Public service is a public trust. … (b) General principles. …
(1) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain.
• The Constitution of Pennsylvania is subordinate to the U.S. Constitution; it does not amend nor supersede the U.S. Constitution; Article VI, ”supremacy clause”.
• Under the Public Trust, all law is civil; i.e., contract law, and is administered by “public servants”, a.k.a. “trustees”. See 5 C.F.R. § 2635.101, supra, for “basic obligations”.
• Criminal law is a subset of civil law, ergo, all law is civil under Contract with the People.
• Where interpretation of a statute is required to define a criminal offense, that statute or relevant sections thereof must be interpreted in favor of the defendant.
• Where a federal court receives a complaint, the allegations of the complaint should be construed in favor of the pleader. Scheuer v. Rhodes, No. 72-914, 416 U.S. 232; 94 S. Ct. 1683; 40 L. Ed. 2d 90; 1974 U.S. LEXIS 126; [HN2]. See also [HN1] and [HN3]
• “Arbitrary, capricious, vague, ambiguous, tyrannical, despotic, etc.” statutory language may (shall ?) be found to be “unconstitutional”; subject to appellate review and interpretation. See Black’s Law Dictionary, 6th Ed.
• Trustees shall [“are required to”] perform their fiduciary responsibility in compliance with the People’s “intangible right to honest services”. See 18 U.S.C. § 1346.
• A breach of trust by a court “trustee” deprives a litigant of his “intangible right to honest services”; ergo, DENIES his intangible right to “due process of law”.
• A contract is a fundamental element of commerce, ergo, the administration of Law is the interpretation of “the Contract” which is, by definition, commercial.
• The Principles of Commercial Law must apply in all civil and criminal matters:
Mosaic Principles of COMMERCIAL LAW
Eternal, unchanged principles of Commercial Law are: [ from Mosaic Law ]
a) A workman is worthy of his hire. (thou shalt not steal)
(Exodus 20:15; Leviticus 19:13; Matthew 10:10; Luke 10:7; II Timothy 2:6)
b) All are equal under the law. (no one is above the law)
(Exodus 21:23-25; Leviticus 24:17-21; Deuteronomy 1:17, 19:21; Matthew 22:36-40; Luke 10:17; Col. 3:25)
c) In Commerce, truth is sovereign. (thou shalt not bear false witness)
(Exodus 20:16; Psalms 117:2; John 8:32; II Corinthians 13:8)
d) Truth is expressed in the form of an affidavit.
(Leviticus 5:4-5; Leviticus 6:3-5; Leviticus 19:11-13; Numbers 30:2; Matthew 5:33; James 5:12)
e) An unrebutted affidavit stands as the truth in Commerce.
(12 Peter 1:25; Hebrews 6:13-15)
f) An unrebutted affidavit becomes the judgment in Commerce.
g) All matters must be expressed to be resolved.
(Hebrews 4:16; Ephesians 6:19-21)
h) He who leaves the battlefield first loses by default.
(Book of Job; Matthew 10:22)
i) Sacrifice is the measure of credibility.
(no willingness to sacrifice = no liability, no responsibility, no authority or measure of conviction) (Acts 7, life/death of Stephen)
j) A lien or claim can be satisfied only through an affidavit by a point-for-point rebuttal, resolution by jury, or payment.
(Genesis 2-3; Matthew 5; Revelation)
• Mosaic Law establishes the foundation for Judeo-Christian legal principles which date back Centuries before the Magna Carta and from which the body of American law, the Contract, arose.
• Trustees for the Public Trust have a fiduciary responsibility that includes, inter alia, a search for “TRUTH” that is: relevant, materially complete, without falsehood and/or omission, and is not misleading. See Pa.R.A.P. 1926.
• In commerce as well as before every court of Law, Truth is sovereign.
• The principle duty of a court is the search for Truth to be evaluated against the law. See Fed. Rules of Evidence, Rule 201. Judicial Notice et al.
• Truth is best expressed in the form of an affidavit. The most understandable and brief definition of “truth” is:
“That which remains after all other possibilities have been eliminated.”
• An Affidavit of Defense must be admissible as evidence pursuant to U.S. Const., Amendment VI and F.R.C.P. 56.
See also Pa.R.C.P. 1030. New Matter [includes Affidavit of Defense].
• An unrebutted affidavit becomes the judgment in Commerce and supports a summary judgment [Quash] claim for “affiant”. F.R.C.P. 56. Supra.
• Criminal law, the subset of civil law, is a contract limited inter alia by the rights of the People.
• Criminal law or criminal statutes may not abrogate or diminish the Inherent Rights of Mankind.
“Law and court procedures that are “fair on their faces” but administered “with an evil eye or a heavy hand” was discriminatory and violates the equal protection clause of the Fourteenth Amendment.”
Yick Wo v. Hopkins, 118 US 356 (1886)
• An alleged criminal statute that violates the equal protection clause or abrogates or diminishes the Inherent Rights of the People is “repugnant” to the Constitution and is UN-Constitutional by definition. Infra.
• The People are the only heirs and beneficiaries to the Public Trust to be administered by a free government established under authority of and instituted for the peace, safety and happiness of those People.
• The Public Trust secures for the People the Inherent Rights of Mankind, those inalienable and indefeasible rights explicitly or implicitly enumerated in the U.S. Constitution and the Pa. Constitution as interpreted by appellate courts.
• The Inherent Rights of Mankind as endowed upon We the People by our Creator forms the corpus for a testamentary trust to be administered under the laws of the state. i.e., by and through government agents who serve only as “trustees” for the Public Trust.
• The Inherent Rights of Mankind do not extend to government agents; federal, state or local. e.g., Government lacks standing to demand “due process of Law”. Government agents must be “bonded” against neglect of duty, malfeasance and/or misfeasance of office inn their official capacity.
• A government, or government agency, is not a person. Ergo, agents for the government acting in their official capacity are unable to become a beneficiary of those ‘inherent’ rights endowed upon the People through the Public Trust, leaving to the government the only role remaining for the administration of the Public Trust; that is, to serve We the People as fiduciary, a “trustee”.
• Trustees have a fiduciary responsibility under “The CONTRACT”. Government “trustees” who appear “in breach of The Contract” are also “in BREACH of TRUST!
• Citizens are the heirs / beneficiaries to the Public Trust and the Inherent Rights of Mankind, those inalienable and indefeasible rights as enumerated in the Constitutions of the United States and the Commonwealth of Pennsylvania.
• Breach of Trust DEPRIVES beneficiaries of their rights which were bequeathed to the beneficiaries of the Public Trust; and which rights cannot be waived.
• Breach of Trust negates (overrides) any individual / personal defense claim of the government and its agents under the Inherent Rights of Mankind or the Bill of Rights.
” A law repugnant to the Constitution is void. An Act of Congress repugnant to the Constitution cannot become a law.”. Marbury v. Madison, 5 U.S. 137 (1803)
“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 (1886).
“An unconstitutional law is void and is as no law. An offense created by it is not a 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 (1879).
“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 (1966).
- Public Trust benefits are codified as “organic law” in the U.S. and state Constitutions.
- The U.S. Constitution, Article VI (Organic law) may and does incorporate treaties signed prior to ratification, among which remains the “Frame of Govt.”, also affirmed by 1 Pa.C.S.A. § 1503, holding that Colonial Law remains in full force and effect.
- The government for the Commonwealth of Pennsylvania was formed with the consent of the People; a Constitution [“Contract”] was drafted thereto. (c. 1780)
- The Constitution of Pennsylvania is also organic law establishing a similar trust contract between Pennsylvanians, “executors and beneficiaries”, and the Commonwealth of Pennsylvania, “trustee” under the Public Trust. See 5 C.F.R. § 2635.101.
- The Constitution of Pennsylvania is subordinate to the U.S. Constitution; it neither amends nor supersedes the U.S. Constitution. See ”supremacy clause”, U.S. Const. Art. VI.
- Under the Public Trust, all law is civil; ergo, the ratification of the U.S. Constitution becomes “The Contract” between the government and We the People.
- “Criminal law” is a subset of civil law, ergo, all law is civil under the Contract with the People. Pa.R.C.P. 128 must apply.
- Pa.R.C.P. Rule 128 sets forth the general rule under which the Public Trust is presumed and all rules and statutes are to be interpreted.
- Where interpretation of a statute or treaty is required to define a criminal offense, a court SHALL interpret said statute or treaty or relevant sections in the light most favorable to the defendant. Cite omitted. …
- Statutory language which may be “arbitrary, capricious, vague, ambiguous, etc.”, may be found to be “unconstitutional”; subject to appellate review and interpretation.
See Black’s Law Dictionary, 6th Ed.
BREACH OF THE CONTRACT — A BREACH OF TRUST
- A breach of contract under the Public Trust constitutes a breach of a fiduciary responsibility and a “breach of trust” by the trustee.
- Trustees shall [“are required to”] perform their fiduciary responsibility in consonance with the People’s “intangible right to honest services”. See 18 U.S.C. § 1346.
- A breach of trust by a court “trustee” deprives a litigant of his “intangible right to honest services” and therefore DENIES his intangible right to “due process of law”.
- A “trustee” in breach of The Contract appears before the court with “unclean hands”.
- A trustee in breach of the trust appearing before the court with “unclean hands” forfeits any qualified immunity which may attach to his office.
- A contract is the fundamental element of commerce, ergo, the administration of Law is the interpretation of the contract.
- Mosaic Law establishes the foundation for Judeo-Christian legal principles dating back Centuries before the Magna Charta and from which the body of American law, the Contract, arose.
- In commerce, truth is sovereign. Supra. The most understandable and brief definition of “truth” is:
“That which remains after all other possibilities have been eliminated.”
- Truth is best expressed in the form of an affidavit. Supra.
- An Affidavit of Defense must be admissible as evidence pursuant to U.S. Const., Amendment VI and Fed.R.C.P. Rule 56.
See also Pa.R.C.P. 1030. New Matter [includes Affidavit of Defense].
- An unrebutted affidavit becomes the judgment in Commerce and supports a summary judgment claim for “affiant”. F.R.C.P. 56.
- An unrebutted affidavit overturns [defeats] any “presumption” of probable cause”.
- Failure to rebutt an affidavit is to “admit” to the Truth of all averments; to “leave the battlefield”; to “lose by default“. F.R.C.P. 56, supra.
- The Public Trust secures for the People those Inherent Rights of Mankind and inter alia such inalienable and indefeasible rights explicitly or implicitly enumerated in the U.S. Const., the Pa. Const., definitive statutes and interpretation of appellate courts thereto.
- The Inherent Rights of Mankind as endowed upon We the People by our Creator forms the corpus assets for a testamentary trust to be administered under the laws of the state. i.e., by and through government agents who serve only as “trustees” for the Public Trust.
- The Inherent Rights of Mankind do not extend to governments; federal, state or local. e.g., Government lacks standing to demand “due process of Law”.
- A government, or government agency, is not a person and therefore is unable to be a beneficiary of those rights endowed upon the People through the Public Trust, leaving to the government the only role left for the administration of the Public Trust; that is, to serve We the People as “trustee”.
- Citizens are the heirs and beneficiaries to the Public Trust and the Inherent Rights of Mankind, those inalienable and indefeasible rights as enumerated in the Constitutions of the United States and the Commonwealth of Pennsylvania; these rights cannot be waived.
- Among those Inherent Rights of Mankind is the implied benefit that the government, via trustees, will serve the People in compliance with their “intangible right to honest services.” See 18 U.S.C. § 1346.
- A government formed or established under a constitution may act only within the limits of authority granted by that constitution. The U.S. Constitution is a “limiting” document that limits the power of the government.
- Legislative enactments [statutes] may not modify or amend organic law, the Constitution.
- The Inherent Rights of Mankind includes the unalienable “right” to life, liberty and the pursuit of happiness. Declaration of Independence.
- The pursuit of happiness includes the Right to earn one’s living by labor, the arts, a business, a profession, etc., including all “occupations of common right”.
- The practice of law is determined to be an occupation of common right, a “property” interest. The Unauthorized Practice of Law (“UPL”) is an unconstitutional impingement on the Inherent Rights of Mankind.
- The State legislature lacks any authority whatsoever to enact legislation that abridges, abrogates or diminishes the RIGHT to the pursuit of happiness via an occupation of common right.
- State courts lack “Jurisdiction” to hear or “try” any criminal action of UPL.
- Agents [i.e., “trustees”] acting on behalf of and under the lawful authority of government are granted qualified immunity for actions in the lawful exercise of their duties.
- Trustees serving in a judicial capacity have qualified immunity only so long as they act within the parameters of their authority. i.e., to afford defendants their Inherent Rights under the Public Trust.
- Where a court lacks jurisdiction over the matter before it, the judge acts outside the parameters of his lawful authority when he acts in a judicial capacity.
- SCOTUS and other courts have spoken to this subject:
“Generally, judges are immune from personal liability for judicial acts within or in excess of their jurisdiction even if those acts have been done maliciously or corruptly; the only exception being for acts done in the clear absence of all jurisdiction.” Gregory v. Thompson, 500 F2d 59 (C.A. Ariz. 1974). “When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost.” Rankin v. Howard, (1980) 633 F.2d 844, cert den. Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326.
“In a jurisdictional vacuum, (that is, absence of all jurisdiction) the second prong necessary to absolute judicial immunity is missing.” Stump v. Sparkman, id., 435 U.S. 349.
“A judge must act within his jurisdiction as to subject matter and person, to be entitled to immunity from civil action for his acts.” Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938).
“Where there is no jurisdiction, there can be no discretion, for discretion is incident to jurisdiction.” Piper v. Pearson, 2 Gray 120, cited in Bradley v. Fisher, 13 Wall. 335, 20 L.Ed. 646 (1872).
“No judicial process, whatever form it may assume, can have any lawful authority outside of the limits of the jurisdiction of the court or judge by whom it is issued; and an attempt to enforce it beyond these boundaries is nothing less than lawless violence.” Ableman v. Booth, 21 Howard 506 (1859).
- When a trustee acts outside the lawful authority of his office, qualified immunity vanishes [is forfeited] and that individual [trustee] may be held personally liable for transgressions against the People or as against another individual. See Yick Wo, supra.
- Qualified immunity from personal liability extends to all “trustees” only to the extent that they perform their duty within the limits of the authority of their office.
- Prosecutorial misconduct is clearly outside the protected activities of a trustee, ergo, qualified immunity from personal liability becomes void; i.e., is forfeited. The state may not grant immunity to a “trustee” whose performance violates the law … Cite omitted …
- A trustee who knowingly and intentionally breaches his fiduciary responsibility acts “with an evil eye or a heavy hand” to deny the victim of due process and equal protection of law.
- Due process is the legal principle and a fundamental right that requires the government to respect, according to the law, all of the legal rights owed to a person under the Public Trust.
- Due process holds the government subservient to the law of the land and protects individuals, The People, from overly aggressive, tyrannical or oppressive actions by the state.
- When a government agent [“trustee”] fails to follow the precise course of the law, that trustee violates due process of law which offends against the CONTRACT — Rule of Law.
- An offense against the CONTRACT is a breach of Contract and a breach of Trust, a failure to perform the fiduciary responsibility [ legal duty ] of a trustee under the Public Trust.
- Due process rights are those which are of such fundamental importance as to require compliance with due process standards of fairness and justice including but not limited to procedural and substantive rights of citizens against government actions that threaten or impose the denial of life, liberty, or property.
- Violating the due process rights of a beneficiary to the Public Trust places that trustee “at war” with the Constitution he has sworn to protect and defend; qualified immunity is forfeited.
- For the guarantees of procedural due process to apply, it must first be shown that a deprivation of a significant life, liberty, or property interest has occurred. This is necessary to bring the Due Process Clause into play.
- An arrest or illegal arrest is a deprivation of a significant life, liberty or property interest.
- Substantive due process is the doctrine requiring legislation to be fair and reasonable in content as well as application and that invokes the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution See Yick Wo, supra.
- The U.S. Const., Amend. VI, establishes a constitutional right of an accused to confront and to test the credibility of the witnesses against him; i.e., accusers.
“In almost every setting where important decisions turn on questions of fact, due process requires an opportunity to confront and cross-examine adverse witnesses.”
Goldberg v. Kelly, 397 U.S. 254, 269 (1970).
- The essence of due process is protection from arbitrary and unreasonable action by the State.
- Arbitrary actions include, but are not limited to acts done capriciously or at pleasure; without adequate determining principle; …; absolutely in power; capriciously; tyrannical; despotic; Corneil v. Swisher County, Tex.Civ.App., 78 S.W.2d 1072, 1074 (19??). See Black’s Law Dictionary, 6th Ed. , p. 104.
- Ordinarily, “arbitrary” is synonymous with bad faith or failure to exercise honest judgment …,” Huey v. Davis, Tex.Civ.App., 556 S.W.2d 860, 865. Id, pp. 104-105.
- Equal protection of Law as enacted under the 14th Amendment secures the right of due process for each individual from arbitrary actions by the State among which are: when its courts are open to them on the same conditions as others, with like rules of evidence and modes of procedure, for the security of their persons and property, the prevention and redress of wrongs, …; .
- Government employees for the Commonwealth of Pennsylvania owe a fiduciary responsibility [legal duty] to the beneficiaries to the Public Trust when serving in their official capacity.
- Governments act by and through public servants as “trustees”, not limited to judges, law enforcement officers and a vast assortment of positions necessary for efficient and effective administration of the Public Trust.
- All Respondents as named herein are, or were during the period in question, employees of the state government or a political subdivision thereof; ergo, all Respondents named above are “public servants” [“trustees”] within the Commonwealth who owe a fiduciary duty to the People.
- Trustees are required by Law to swear or affirm an Oath of Office that they will support and defend the afore-mentioned Constitutions. See Pa. Const. Art. VI, section 3.
- Trustees shall [“are required to”] perform their fiduciary responsibility in compliance / consonance with the People’s “intangible right to honest services”.
See 18 U.S.C. § 1346.
- Trustees are required to be bonded to protect the People from oppressive and tyrannical conduct by government agents acting outside the scope of the authority afforded their office.
- The Uniform Bonding Code, “UBC”, requires prosecutors and District Attorneys to produce on demand the name of the bonding company and the policy number. See UBC section 5.2 et al.
- The UBC requires prosecutors and District Attorneys to consider, answer and affirm or deny categorically all affidavits [filed with the court] point-for-point in writing. See UBC section 5.0, section 7.
- The government can never become a beneficiary of the Public Trust bequeathed [“given”] by the Creator to We the People, the de facto heirs of the Inherent Rights of Mankind.
- This endowment of the Creator is codified in the Pennsylvania and U.S. Constitutions.
- Government employees bearing the title of “judge” are public servants, a.k.a. “trustees”, with a fiduciary responsibility to secure those Inherent Rights for the exercise of We the People [i.e., protection of the beneficiaries against/from the tyranny and oppression of the government].
- Trustees with the title of judge are subject to the UBC. See UBC, section 5.4 et al.
- Among the fiduciary responsibilities of trustee / judge is to ensure that government agents act at all times within the limits of the authority delegated to their office.
- The government owes a legal duty to the People to secure for them “due process of law” and to perform that duty including preserving the “intangible right to honest services”.
- Due process of law is a nebulous term that includes all necessary protections for a beneficiary from the extravagances of overly aggressive, tyrannical or oppressive government agents.
- Where the matter involves “criminal law”, government agents (operatives) must be held to the highest standard of performance to ensure that those trustees do not “breach their duty in trust”.
- Due process of law requires as the most fundamental elements of law: a) that a moving party must establish jurisdiction in the appropriate court; b) that the responding party be served notice of the complaint and the basis for that jurisdiction; and c) that the accused be afforded a full and fair opportunity to face his accuser and to test the credibility of his adversary.
- Affiant claims right of sovereignty under which the Inherent Rights of Mankind as endowed by our Creator are afforded the People pursuant to the U. S. Constitution, the Constitution of Pennsylvania, and the Declaration of Independence as follows:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — …”
- Each Respondent named herein is a de facto agent for the Government, an employee of the Commonwealth or a political subdivision thereto, ergo, a “trustee” with a fiduciary responsibility to preserve and protect the rights of sovereignty as bestowed upon Affiant and all citizens.
- Failure of a trustee to perform the fiduciary responsibilities under the terms of the trust, such as any act contrary to those terms, or in excess of his authority, or the wrongful omission of any act required … to the detriment of the trust [and the beneficiary], whether willful and fraudulent, or done through negligence, … , constitutes a violation by the trustee of any duty which he owes to the beneficiary, a breach of trust, to which personal liability may and should attach.
- The roll of executor or beneficiary can never be bestowed upon the government [Cmwlth.], i.e., courts, judges, prosecutors, law enforcement officers, etc.
- Courts comprise the forum where judicial trustees must discharge their fiduciary responsibility under the terms of the Public Trust.
Where Justice is DENIED anywhere, Justice is THREATENED everywhere.
Martin Luther King, Jr.
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