Injurious Statutes, Court Rulings and Orders That Our

Public Servants Must Set Aside, Repeal, Replace or Amend

(Revised December 21, 2010)
(Readers - please provide constructive comments and additional items to
Fisher@WeThePeopleNow.org)

The below listed statues, rules, regulations, court rulings, judgments,

decrees or orders, and civil and military orders and instructions have
had injurious effects on human beings, democracy and the
environment. Most of these below listed acts of government are
unconstitutional, violate constitutional rights, were obtained by fraud,
and/or used to commit fraud and are null and void. This fact is supported
by this document‟s Attachment A: Laws Regarding Void Statutes,
Regulations, Rulings and Orders.

Our public servants must set aside, repeal, replace or amend these injurious
acts of government,

Credit for the theme of this document and about half of the below
„injurious items" goes to Ms. Libby Hunter, an activist and talented
musician.

Credit for about the other half goes to Ms. Ann Fagan Ginger, Executive
Director, Emeritus, Meiklejohn Civil Liberties Institute, www.mcli.org.
Ms. Ginger edited Undoing the Bush/Cheney Legacy: A Tool Kit
for Congress and Activists Now that Obama/Biden and the
new Congress have been elected and the Economic Crisis Add
On to Undoing the Legacy. This book and the add on contain
succinct summaries of at least another 100 laws that must be amended
or repealed.

I, Ron Fisher, the compiler of this document, have added a few

“injurious acts of government.” Since there is some overlap among the
items, and due to time limitations, I have made no effort to distinguish
among who added which item.
Note: This document still requires considerable work which is underway.

INJURIOUS ITEMS:

1. The Senate Filibuster Rule (Rule XXII) “gives a minority of 41

Senators . ... . the power to prevent the Senate from debating or voting on a
bill or resolution, or a Presidential appointment. A “filibuster” is the use of
unlimited debate not to inform or persuade, but to obstruct the proceedings
of a legislative body ”. Emmet J. Bondurant, in his article THE SENATE
FILIBUSTER RULE (http://bit.ly/9aswoa), clearly shows that the
filibuster rule is unconstitutional. Also, the filibuster rule has been used to
commit fraud on numerous occasions. The Senate Filibuster Rule (Rule
XXII) is null and void.

2. War Powers Resolution (50 U.S.C. 1541-1548) (1973) The

Constitution is explicit in allowing only Congress the power to declare war.
This resolution wrongfully and unlawfully permitted the president to be
involved in the decision to make war. Since 1973, presidents have
wrongfully and unlawfully, ignored this resolution and the Constitution by
unilaterally making war.

3. The Authorization for Use of Military Force Against

Terrorists (Pub. L. 107-40, 115 Stat. 224, enacted September 18, 2001),
The Authorization for Use of Military Force Against Iraq (AUMF)
Resolution of 2002 and Legislation appropriating funds for the War on
Terror are unconstitutional, null and void as outlined in Proof of the
Unconstitutionality and Illegality of U. S. Wars/Occupations and Use of
Force in the Mideast

4. The Federal Reserve Act of 1913, which established the Federal

Reserve System (the Fed), wrongfully and unlawfully gave power to the
Fed “To coin Money, regulate the Value thereof” and to draw money from
the Treasury without the Consequence of appropriations made by law.
Congress does not have the Constitutional authority to delegate these
powers and most certainly not to a private concern. The Fed is a private
corporation. The Federal Reserve Act is clearly unconstitutional.

The Federal Reserve, has abjectly failed:

 a. to promote effectively the goals of maximum employment, stable
prices, and moderate long-term interest rates as it is required to do by the
Federal Reserve Act

b. to perform most of its duties which, according to official Federal

Reserve documentation on its website include: to conduct the nation's
monetary policy, supervise and regulate banking institutions, maintain
the stability of the financial system and provide financial services to
depository institutions, the U.S. government, and foreign official
institutions”.

On September 23, 2009, House Financial Services Committee Chairman

Barney Frank (D-MA) released a report card demonstrating the poor
record of the Federal Reserve in using the tools provided by Congress to
protect consumers from abusive financial industry practices. Chairman
Frank cited several examples of the Federal Reserve‟s unsatisfactory
performance and stated: The Federal Reserve's inattention and inaction on
consumer protection is a key reason why Democrats are working to create
the Consumer Financial Product Agency in the coming weeks and months.
As the above report card shows, consumer protection has long been
overlooked by federal regulators, and their motivation to protect
consumers has been driven more by congressional pressure rather than a
sense of duty to the protect the American public.

Not only has the Fed, not properly regulated banks, former and current Fed
executives have been instrumental in getting rid of regulations including
the Glass Steagal Act.

Their main job, appears to protect, not regulate large banks. The Feds
actions have increased the frequency and severity of boom-bust economic
cycles including the Great Depression of the 1930s, the late-2000s
recession, and the current great recession.

5. Corporate Personhood - Santa Clara County v. Southern Pacific

Railroad Company (118 U.S. 394) (1886), The legal theory that corporations
are entitled to protection under the Fourteenth Amendment is based on a
clerical error and is null and void. A passing remark by the chief justice was
erroneously summarized in the head note by the court recorder. This
clerical error set the stage for massive damage of our environmental,
governmental, and cultural commons. This damage must be corrected by
the corporations and their executives that caused it.

6. Supreme Court Rejects Corporate Spending Limit (2010) (Ruling

No. 08-205). In Citizens United V. Federal Election Commission on
January 21, 2010, the Supreme Court wrongfully and unlawfully ruled that
the government may not ban political spending by corporations in
candidate elections and gave corporations massive influence over our
elections, politics and government. It failed to distinguish between
domestic and foreign owned corporations and knowingly leaves America
vulnerable to the latter. It overrules two important precedents about First
Amendment rights of corporations; Austin v. Mich. Chamber of Commerce,
a 1990 decision that upheld restrictions on corporate spending to support
or oppose political candidates, and McConnell v. Federal Election
Commission, a 2003 decision that upheld the part of the Bipartisan
Campaign Reform Act of 2002 [“McCain-Feingold”] that restricted
campaign spending by corporations and unions. Corporations are not
people, and nothing in the Constitution supports any such interpretation.
The First Amendment protects “Free Speech,” not “Paid Speech.” This
ruling is null and void.

7. The Monetary Reform Act (also cited as Depository

Institutions Deregulation and Monetary Control Act) (P. L. No. 96-
221; 94 Stat. 132) (1980) Highlights: Allows banks to merge, and
institutions to charge any interest rate they choose. Forces all banks to
abide by Federal Reserve rules, and raised deposit insurance of banks and
credit unions from $40,000 to $100,000

8. Truth in Lending Act “Reform” (Sept. 30, 1995) Eased regulations

on creditors. This bill was powered through by Rep. Bill McCollum (R-FL),
a key recipient of finance, insurance, and real estate (FIRE) donations
($136,000 in 1993-94).”

9. Gramm-Leach-Bliley Act (1999) A bank deregulation bill that

repealed much of the Glass-Steagall Act by allowing commercial and
retail banks to engage in investment activities, speculative trading and
mergers opening up competition among banks, securities companies and
insurance companies. It passed the Senate 90-8 and was signed by
President Clinton. It led to a wave of mega-mergers “too big to fail.‟ The
driving force was Sen. Phil Gramm (R-TX) who had received $4.6 million
from the FIRE sector over the previous decade. This act is credited as the
major contributor to the 2008 financial collapse.

10. Commodity Futures Modernization Act (Dec. 14, 2000). Sen.

Gramm attached a 262 page amendment that deregulated derivatives and
credit default swaps trading to an omnibus appropriations bill just prior to
the Christmas holiday in December of 2000. Gramm's amendment was
supported by then Fed Chairman Alan Greenspan and then Treasury
Secretary Larry Summers. The amendment was never debated by the
House or Senate and by-passed the substantive policy committees in both
the House and the Senate so that there were neither hearings nor
opportunities for recorded committee votes. This law unleashed the
derivatives market, paved the way for banks to become more aggressive
about investing in mortgages, and opened the door to an explosion in new,
unregulated securities. The amendment also contained a provision lobbied
for by Enron, a generous contributor to Gramm that exempted energy
trading from regulatory oversight, allowing Enron to run rampant, wreck
the California electricity market, and cost consumers billions before it
collapsed.

11. American Home Ownership and Economic Opportunity

Act (Dec. 27, 2000). This act makes it harder for consumers to get out of
lender-required insurance.

12. Bankruptcy Abuse Prevention and Consumer Protection

Act (April 20, 2005) The act makes it harder for consumers (but not
businesses) to discharge debts. The strict means test that would force more
debtors to file under Chapter 13 (under which a percentage of debts must
be paid over a period of 3-5 years) as opposed to Chapter 7 (under which
debts are paid only out of existing assets), the additional penalties and
responsibilities the bill placed on debtors, and the bill's many provisions
favorable to credit card companies.

13. Suspension of the uptick rule that required that short sale
transactions be entered at prices that are higher than the price of the
previous trade. This rule prevents short sellers from adding to the
downward momentum when the price of an asset is already experiencing
sharp declines.
14. De-regulation that allowed reduced margin and position
limits for speculators.

15. Administrative Procedure Act (APA) (Public Law 79-404) (1946)

This is one of the most important pieces of United States administrative
law. It enabled bureaucrats, instead of legislators, to write law.

16. The National Security Act (P. L. No. 235, 80 Cong., 61 Stat. 496, 50
U.S.C. ch.15) (1947). This was the granddaddy of all the others. It was the
start of the national security state we are now under, and the beginnings of
a fascist state.

17. Foreign Intelligence Surveillance Act [FISA]

18. The Patriot Act

19. Military Commissions Act of 2006 (MCA) which suspected Habeas

Corpus.

20. Taft-Hartley Act, The Labor-Management Relations Act (80

P.L. 101; 61 Stat. 136) (1947) Federal law which monitors activities and
power of labor unions. Labor leaders have called it the "Slave-Labor" bill. It
tilts labor-management balance.

21. Cap and Trade (Emissions Trading) (1970) A market-based

carbon-trading scheme which is an expression of the inability and
unwillingness of legislators to address environmental problems which arise
from our mode of energy use (in large part carbon emissions). Although
Caps are needed. Trading these Caps does nothing for the environment, or
people and enriches Wall Street and hurts the economy.

22. The Monetary Reform Act (also cited as Depository Institutions

Deregulation and Monetary Control Act) (P. L. No. 96-221; 94 Stat. 132)
(1980) Highlights: Allows banks to merge, and institutions to charge any
interest rate they choose. Forces all banks to abide by Federal Reserve
rules, and raised deposit insurance of banks and credit unions from
$40,000 to $100,000. (An aside: the Fed. Reserve is a private bank.)

23. The repeal under Reagan in 1987 of the Fairness

Doctrine (Federal Communications Commission [FCC] policy) (1949).
The Fairness Doctrine had required that broadcasters present controversial
issues in an honest, balanced manner. In 1988 FCC Commissioner Johnson
wrote that bringing back the Fairness Doctrine was absolutely necessary.

24. World Trade Organization (WTO) (1995), North American Trade

Agreement (NAFTA) (1994), Central American Trade Agreement (CAFTA)
and other free trade agreements, have functioned principally to pry open
markets for the benefit of transnational corporations at the expense of
national and local economies - workers, farmers, indigenous peoples,
women and other social groups - health and safety - the environment - and
animal welfare. In addition, in the WTO system, rules and procedures are
undemocratic, un-transparent and non-accountable and have operated to
marginalize the majority of the world's people.

25. Telecommunications Act of 1996 (P. L. 104-104, 110 Stat. 56) (1996)
The Act was claimed to foster competition. Instead, it continued historic
industry consolidation reducing the number of major media companies
from around 50 (1983) to 6 (2005). It led to a drastic decline in the number
of radio station owners. Example of corporate welfare spawned by political
corruption - it gave incumbent broadcasters valuable licenses for
broadcasting digital signals on the public airwaves.Lesson from this act:
Deregulation before meaningful competition spells consumer disaster.

26. Welfare Reform Act (Personal Responsibility and Work

Opportunity Reconciliation Act, H.R. 3734, P.L.104-193) (1996) Sets
time limits on entitlements and cash assistance to welfare recipients;
requires most recipients to get jobs; changes disability definitions for SSI
for children; denies many legal immigrants from collecting SSI and food
stamps, and much more. Inherent in the Act: misogyny, racism, and
exploitation of women (do whatever job you can get and don't complain - or
risk homelessness). Attention should have been directed to conditions of
low-wage labor market - living wage, health care, and child care all
desperately needed.

27. FDA Modernization Act of 1997 (FDAMA, P. L. 105-115, 21 USC

301) (1997) FDA relaxes rules of prescription drug advertising, eases
restrictions on direct-to-consumer advertising of prescription drugs, allows
manufacturers to disseminate journal articles describing the results of trials
for unapproved uses of drugs and much more.
28. The Economic Growth and Tax Relief Reconciliation Act of
2001 (Public Law 107-16, 115 Stat. 38, June 7, 2001) ("The Bush Tax Cuts")

29. Portions of the Patient Protection and Affordable Care Act

(PPACA) of 2010 which provides billions of dollars to health insurance
companies and increases the cost of health care.

30. Portions of the Restoring American Financial Stability Act

(RAFS) of 2010

31. The Defense Authorization Act for 2010 which wrongfully and
unlawfully authorizes $725 billion in defense programs, including $158.7
billion for overseas combat and billions for nuclear weapons.

Attachment A

Laws Regarding Void Statutes, Regulations, Rulings and Orders

All parts of a statute, regulation, court judgment, decree or order, and civil
and military orders and instructions which are unconstitutional, violate
constitutional rights, were obtained by fraud, used or intended to be used to
commit fraud are null and void and should be set aside and/or repealed.

Null and void portions of a order, judgment or statue are null and void
whether or not a judge has found it to be null and void, the order, is
appealed and/or a complaint is filed.

1.“A void judgment [is one]:

a. which has no legal force or effect, invalidity of which may be asserted

by any person whose rights are affected at any time and at any place
directly or collaterally.

b. which, also, from its inception is and forever continues to be

absolutely null, without legal efficacy, ineffectual to bind parties or
support a right, of no legal force and effect whatever, and incapable of
confirmation, ratification, or enforcement in any manner or to any
degree.

c. that has merely semblance without some essential elements, as want

of jurisdiction or failure to serve process or Party in court. See also
Voidable judgment. .

d. “When a judgment is absolutely void, no rights are divested or

obtained from that judgment”.

e. “Judgments that are void may be attacked in any court at any time,
directly or collaterally.”

DEFINITIONS

Null: Nonexistent; void; of No legal meaning

Null and void: That which binds No One; that which is incapable of
giving rise to any rights or obligations under any circumstances;
that which is of no effect.

2. “Under settled legal principles, a judgment is void ab initio [from the

beginning] if it has been procured by extrinsic or collateral fraud, or
entered by a court that did not have jurisdiction over the subject matter or
the parties."

a. Extrinsic fraud: The character of fraud which will afford a ground for
setting aside a judgment that is, fraud which is collateral to the issues
tried in the case wherein the judgment was rendered.

i. For the purpose of grounds of equitable relief against a judgment,

fraud which has prevented a party from having a trial, from presenting,
all his case to the court or has so affected the manner in which the
judgment was taken that there has not been a fair submission of the
controversy to the court.

ii. For the purpose of serving as a defense to an action on a foreign

judgment, any fraudulent conduct of the successful party in the foreign
action, practiced directly and affirmatively on the defeated parts out side
the actual trial of the cases, whereby he was prevented from presenting
his side of the cause fully and fairly.

iii. Actual fraud characterized by an evil intent to take undue

advantage of another person for the purpose of actually and knowingly
defrauding him.

b. Collateral fraud: Same as intrinsic fraud

c. Intrinsic fraud. Intrinsic fraud includes:

i. Fraud practiced in procuring a transaction.

ii. In the trial of an action:—perjury, forgery, bribery of a witness,

and other frauds which could have been relieved by the court in the action
itself.

iii. In reference to relief from a judgment: fraudulent acts pertaining

to an issue involved in the original action, or fraudulent acts which were
or could have been litigated in the original action.”

d. Jurisdiction

i. “It is essential to the validity of a judgment or decree, that the

court rendering it shall have jurisdiction of both the subject matter and
parties. But this is not all, for both of these essentials may exist and still
the judgment or decree may be void, because the character of the
judgment was not such as the court had the power to render, or because
the mode of procedure employed by the court was such as it might not
lawfully adopt."

ii. "We [public servants] have no more right to decline the

jurisdiction which is given, than to usurp that which is not given. The one
or the other would be treason to the constitution.”

iii. “Under settled legal principles, a judgment is void ab initio [from

the beginning] if it has been ... entered by a court that did not have
jurisdiction over the subject matter or the parties."
 iv. A court engaged in a statutory proceeding is governed by the rules
of limited jurisdiction, there is no presumption that the judge holds
jurisdiction. Should the judge engage in any act beyond that which the law
or the statute grants him or her authority, the order of the court is void, of
no legal force or effect anywhere and at any time.

v. “Where the court, as here, is exercising special statutory powers,

the measure of its authority is the statute itself; and a judgment or order
in excess of the powers thereby conferred is null and void. In such a case,
even though the court may have jurisdiction of the general subject matter
and of the parties, an adjudication with reference thereto which is not
within the powers granted to it is coram non judice."

e. Fraud: An intentional perversion of truth for the purpose of inducing

another in reliance upon it to part with some valuable thing belonging to
him or to surrender a legal right." Black's 5th, 594

f. “Fraud vitiates the most solemn contracts, documents, and even

judgments."

g. "Silence can only be equated with fraud when there is a legal or

moral duty to speak, or when an inquiry left unanswered would be
intentionally misleading ... We cannot condone this shocking conduct... If
that is the case we hope our message is clear. This sort of deception will
not be tolerated and if this is routine it should be correct/ed
immediately"

3. Void Statutes

a."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 it's enactment, and not merely from the date of the decision so branding
it... No one is bound to obey an unconstitutional law, and no courts are
bound to enforce it."

b. "It is well settled that, quite apart from the guarantee of equal
protection, if a law "impinges upon a fundamental right explicitly or
implicitly secured by the Constitution [it] is presumptively
unconstitutional" and therefore null and void.
 c. "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 passed."