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INFORMED CITIZENS
informed with the truth about government
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When a MYTH is a LIE
If someone honestly believes something that is not true the belief is a
Myth. But when a Myths is propagated by those who have a DUTY to know
the TRUTH, it can be characterized as a Lie. Attorneys, including those
who assume a position as a Judge or Justice, have a duty to know know
the legal truths and to dispel legal myths. Unfortunatley many of them
choose to use their position of public trust to give the color, or
appearance, of Truth to Myths.
This is a list of the MYTHS commonly utilized by Attorneys & Judges to
deceive their clients and the public.
Trusted to SERVE as an Official in OUR Courts they deceive the public in
violation of their fiduciary duty.
Judges have been given the "power to
interpret" the law.
Ours is an "adversary system" of justice.
Ours is a "common law" based system of jurisprudence.
The STATE is the sovereign, is immune from [law]suit or
liability
Officials (public servants) are Immune
and the BIGGEST MYTH OF ALL: Jurisdiction
There are many Myths that have been propagated among our people about
our Law and our System of Laws. KNOW
these so that you will
not be deceived
and deprived of your
god-given, natural, inherent & inalienable, Rights secured by the
supreme Law of the Land. KNOW these, and let others know THE TRUTH, so
that our Law and System of Laws is protected from the incompetent and
the self-serving who have NO HONOR.
MYTH: Judges
have been given the "power to interpret" the law.
TRUTH: Judicial
Officials have a DUTY to KNOW and UNDERSTAND the Law. The interpretation
myth is the most destructive myth of all in created a
misunderstanding of our Law and System of Laws. If one reads our Organic
Law of July 4, 1776 one knows that it was Judicial Malfeasance that was
a major cause of our revolt, revolution, and separation from the Judges
of England. Promoters of this myth ground it in the 1793 opinion in the
case of Marbury v. Madison. But
they have not read the opinion, or
have chosen to misrepresent what the First Chief Justice in our United
States Supreme Court house. the Honorable Chief Justice Marshall wrote
in his opinion for the Court. He emphatically stated
that We the People of the United States established a system based on THE
RULE OF LAW, and that the LAW binds Judicial
Officials to
honor the Law. Judges must be law-abiding. Judges must comply with the
Law that secures the substantive Rights of the Individual, even if they
do not like the Individual or the Law that protects the Individual. In
England, and English colonies, Judges were appointed by King and they
honored not the law, but the King who appointed them. The protected the
King from accountability for his unlawful acts, and the unlawful acts of
those the King appointed to perform the functions of government. SEE
Article VI of our US Constitution. Judicial Officials, and ALL servants
of the public are BOUND (tied down, limited, and ordered) by LAW. The
Law may 'restrain' the individual citizen, but is binding on the
official.
MYTH: Ours
is an "adversary system" of justice.
TRUTH: Our is a CIVIL
system of Justice. An adversarial system is war and it results in a
never ending process. A CIVIL System is one where Court Officials, which
includes those licensed to be professional lawyers (attorneys), and
Judicial Officials, are bound by the Law that governs the process. This
is the essences of 'due process of
law'. Attorneys have a tendency to tell you that you are 'entitled'
to a 'process'. They conveniently forget or conveniently fail to tell
you that the 'process' is governed by 'law'. The "of
law" part of the process is for the purpose of
preventing our system from becoming adversarial. Judges evade the Law by
ignoring the Law that governs their conduct in the performance of their
function. The 'Rules' of Court are created by Judicial Officials as LAW
that governs the conduct of Judicial Officials, and other Court
Officials, such as Attorneys and Clerks. People, as Individuals, who are
not Court Officers, are not 'bound'
by these 'Rules'. People comply with the Rules of Court to the extent
they are capable, to speed up the process, but the 'Rules' cannot be
utilized as an excuse to deprive an Individual / Citizen of substantive
Rights.
MYTH: Ours
is a "common law" based system of jurisprudence.
TRUTH: Our
Constitution is our "common law" to
which every Judicial Official is bound. So, too, is our Declaration
of Independence. It is on THIS common law that our system of Law
operates. But those who
have a duty to serve us as a Court Official (Attorneys & Judges) often
propagate the MYTH that the opinion of a panel of Judicial Officials is
"common law". They will then take a quote from an opinion, and often
take that quote out of context, and present it to you as if it was God's
Law with the power to overrule the supreme Law of our Land - our Organic
Law and our Constitutions. What they are doing is the same as was done
to the Great Charter of Liberties (the Magna Carta) first
written in 1215, decreed by Parliament as the "common law of England",
binding on every Judge of the Realm. But
the Judges of England, including those in the colonies, were appointed
by the King and chose to disregard the "common law" of England, -
the Magna Carta / Great Charter of Liberty - that functioned as a
Constitution and Bill of Rights for the subjects of the English crown.
As a result, the King's Judges gave rise to our revolution and
independence.
SUB-MYTH, Judicial precedent is
binding on other cases.
Closely related to the foregoing is a MYTH to believe Judges are
bound by the "law" made by the US Supreme Court and the Supreme Court of
a State. TRUTH: This is only partially true. Ours system is grounded in
the CONSTITUTION of the United States, and of the State where the law is
being applied. And this supreme Law of our Land is grounded on the
Organic Law that preceded it = the Declaration of Independence of the
United States and the Declaration of Independence of Texas. The
'opinion' of Judicial Officials, including those sitting in our Supreme
Courthouses, is NOT common law and it is NOTbinding beyond
the case to which they applied their opinion. That is why their rulings
are called OPINIONS. No Judge can use quotes from opinions of Judicial
Officials in our Supreme Courthouses, and then claim it is "law", as an
excuse to violate the Law of our Constitutions and statutory law that
comports with Constitutional Law. However; The Officials trusted with a
position in what are regarded as the highest courts on our Land, the
Supreme Courts, have an administrative duty that extends beyond the
Courthouse they have been trusted to operate. This is a police and
regulatory function. They have a duty to regulated the practices of
Judicial Officials trusted to operate in our courthouses referred to as
'inferior courts'. Thus, the well-established precedents set by
'superior courts' (Supreme), are considered as 'binding' UNLESS there is
a challenge to the precedent as a violation of our Law found in our
Constitutions, and Statutory Law made in pursuance thereof.
MYTH: The
STATE is the sovereign. The STATE has sovereign immunity from suit
or liability.
TRUTH: The purpose for the establishment of a Constitution is to
DEPRIVE the State of claiming it is the sovereign, or that it has
sovereign immunity. WE THE PEOPLE of the United States of America are
the sovereign. We rule over our US Government through our Constitution. The
people of Texas are the sovereign of the State of Texas.
The people of Texas deprived our State of immunity from suit from the
citizen, and liability to the citizen, by and through our Texas
Constitution. Louis the XIV famously said, before the King as sovereign
was abolished by the French Revolution, "I am the State". The people of
France, and the People of the United States, and the People of Texas,
all answer; THE PEOPLE are the State. The STATE, and its actors, are
SERVANTS of the people (the public), bound by LAW. The STATE does NOT
rule, WE rule the STATE.
The people of a land, are the SOVEREIGN. This is the very essence
of DEMOCRACY. A "Republican
Form of Government" is for the purpose of maintaining the people
as the sovereign, to preserve, protect, and defend the inherent,
inalienable, Right of the Citizen, from the STATE and from those who may
act as the STATE on a Jury. The republican "form" (a "Republic") divides
the government of the State (THE STATE) into three divisions and
mandates that each act as a check on attempts by the other divisions to
deprive the people of their position as sovereign over their person,
their land, their government.
The ONLY difference between our Republic, and the Republic of Rome that
existed from around 500 BC to around the year 0 (when Christ, and the
Christian rebellion was born), was the Citizen of Rome had Rights
secured by Law. The Non-Citizen did not. Our Republic recognizes the
Rights of non-citizens, as well as Citizens. The only difference between
a Citizen and non-citizen is privileges. Example: The non-citizen can be
deported from our land, the citizen cannot. The Citizen can vote, the
non-citizen cannot. But all on our Land have Equal PROTECTION of the
Law, from any and from all, regardless of their social-economic status
or position of public service.
MYTH: Officials are immune from lawsuit or
liability for their actions
This is the most evil myth of all. The myth says, without saying so
directly, that those who receive regular compensation from the taxpayers
treasury, are ABOVE THE LAW. This is a violation of our organic law and
the Right secured by our United State Constitution before the Bill of
Rights was added. Article I, in two sections, 9 & 10, as one applies to
the STATES and the other to the UNITED STATES, prohibits TITLES OF
NOBILITY. No person, regardless of the title applied to their position
of employment, is above the law in this land. No person, regardless of
how meek and humble their social-economic status, is below the
protection of the law.
An Official might have Law protect their personal finances from a
judgment, but that is only if their employer - the public entity they
are employed in by election, appointment, or hire - assumes the
liability for their unlawful acts committed while pretending to be
performing a function assigned to their position.
MYTH: Jurisdiction
The 'JURISDICTION MYTH' is the greatest myth of all. WATCH FOR THIS
WORD. This is the word that Attorneys and Judges like to pretend no one,
not a member of this class of professionals, can understand. They also
like to present the myth that jurisdiction is so fluid it cannot be
defined. In this way Judicial Officials will grant to their own self
unlimited jurisdiction, when they want to exercise jurisdiction, and
claim lack of jurisdiction when they want to refuse to perform a duty of
the office they have been trusted with and are paid to perform.
TRUTH: A
Citizen of the United States ALWAYS has "jurisdiction" to bring a
grievance into any Court of our United States. Typically referred to as
'Federal' Courts, the most commonly known is the United States District
Court. A Citizen of the State of Texas ALWAYS has "jurisdiction" to
bring a grievance into any Court of Texas. The Judicial Officials
serving in these Court have a duty to hear the grievance, allow for an
examination of the facts, allow relevant facts to be discovered when
they are subject to dispute, and to rule impartially on Motions of the
parties so that the Citizen who brought the grievance to their
government, by petition in a Court of their government, is given due
process of law. SEE FIRST AMENDMENT: The Right of the people to Petition
the Government for Redress of a Grievance. See Section 13 of Article 1,
Texas Constitution Bill of Rights, known as the OPEN COURTS provision.
But Citizens are often deprived of due process of law by lazy,
incompetent, biased, and sometimes clearly treasonous Judicial
Officials, who tell the citizen they do not have jurisdiction. But they
deprive the Citizen of the Citizens jurisdiction (lawful authority) to
bring a lawsuit (grievance) to their government so that the power of the
Law may provide the Citizen with protection - ie; LIBERTY - and with
JUSTICE - ie; equal protection of the law, from Judicial Officials as
well as from other servants of the public for the benefit of the private
citizen.
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