Professional Documents
Culture Documents
Original Action W Exhibits
Original Action W Exhibits
1
108 NW 101 Place
2
Kansas City, Mo. [64155]
3
williamduff@kcm. com
07CY-CV06125
4
2
5 Plaintiff
9
10
II
12
1U
IN THE 7TH
T
JUDICIAL dRCUTT COURT OF MISSOURI
13
14
COUNTY OF CLAY
15
23 Defendants.
24
25
THIS IS A COURT OF RECORD
26
27
Page i of 11
CAUSE OF ACTION
1
2
1. PARTIES: William Duff, (hereinafter "Duff, plaintiff, he, his, my, mine") is one of
the people of Missouri existing within his solely owned domain and sharing
dominion thereof with no other, and in this court of record complains of each of the
5 following: Desk Sergeant (sic?) Frazier of the KCMO Police Department in the
6 North Patrol station at Barry Rd and hiwy 169, and KCMO Officer (serial # 3092)
(each hereinafter "defendant(s)", and all collectively "defendants"); who are each
summoned to answer the said plaintiff in a plea of trespass and trespass on the case,
8
to wit:
9
Duff went to the police station seeking help with a theft by deception issue. Clerk
(doe) asked for proof of ownership of the property at question. Duff provided said
11 proof in a signed and witnessed original bill of sale for the property. Clerk (doe) then
12 asked for DufFs State Driver License for identification purposes. Duff informed
Clerk doe that he did not use a State driver license and offered other forms of
identification. Clerk doe asked Duff 'how did you get here?'. Duff replied ' I
14
traveled using my private property upon the public right of way'. Clerk doe then
went to talk with the duty officer (Frazier). Thereafter Frazier came to the counter
and asked the same questions of Duff. DufFs answers were virtually identical as
17 when first answered. Frazier said that Duff must have a State Driver license. Duff
18 disagreed. Frazier threatened to have his agent, another officer, stop Duff as he left
jo the Station and arrest him for not having the State Driver License. Duff informed
Frazier that doing so would be an unlawful restraint on his Liberty and Right of
•Z>V/
action. Frazier terminated the conversation and Duff went to his automobile and was
21
arranging paperwork when Frazier and another officer yelled at Duff to stop. Frazier
22
approached DufFs auto with his hand on his gun, ordering duff out of his auto. Duff
was searched, seized, bound and imprisoned. DufFs property was search and seized
24 by Frazier and his agent who declared DufFs auto and property therein would be
25 towed to the police impound lot somewhere in the vicinity of the Royal Baseball
Stadium. Frazier did remove DufFs private plate from DufFs auto claiming to keep
it as evidence. Frazier's agent serial # 3092 wrote three civil traffic citations
27
Page 2 of 11
claiming Duffs failure to have valid State Driver License case# 224354(4), Valid
State License plates case# 2243355(1) and proof of financial responsibility case#
2
2243356(9), (See Exhibit C) all of which are additional cause for this action and
counter claim. Duff was held in that jail until he posted bond of $300.
4 3. Duff claims Defendants and all their agents in support of their action have
5 individually and severally injured Duff with unreasonable search and seizure of
Duffs person and property, false imprisonment, Trespass with violence, and trespass
on the case, without violence, upon Duffs Dominion over his own private domain
and Right of action.
8
Q
4. This action stands also as counter claim to charges made by defendants hereon
attached at exhibit C.
II
12 COUNT 1 OF CAUSE OF ACTION - TRESPASS
INTRODUCTION
5. Paragraphs 1 through 4 of CAUSE OF ACTION and count 1 are included by
14
reference as though fully stated herein.
6. Defendant Frazier having been duly served notice and demand by Plaintiff Duff to
correct the actions related herein has failed or refused to make any effort whatsoever
17 to comply therewith and therefore this action must proceed.
lg 7. Each Defendant exceeded his jurisdiction by either directly, through an agent, or in
IQ concert with another did cause plaintiff Duff to be unlawfully and forcibly carried
away and imprisoned1 against his will and in disregard for notice to them of the
wrong they engaged (See Exhibit A), without jurisdiction or good cause. At the onset
21
of the unlawful imprisonment and property theft plaintiff Duff was duly2 engaged in
22
good faith and in his own private capacity, and at all times within the "Bright Line
23
l
24 Imprison: To confine a person or restrain his liberty in any way. Black's
Law Dictionary, 5th Edition Imprisonment: ...it may be in a locality used
-_ only for the specific occasion; or it may take place without the actual
application of any physical agencies of restraint (such as locks or bars), as
by verbal compulsion and the display of available force. Black's Law
2" Dictionary, 5th Edition
2
Duly: ...according to law in both form and substance. Black's Law
27 Dictionary, Fifth Edition
Page 3 of 11
Boundary" of his own private domain, and exercising his substantive Right to go with
his property upon the Public Right of Way. Said Defendants, without good cause,
interrupted Duffs Private Right of Action, and stating claims of compulsory duties
arising out of jurisdictions foreign to Duffs domain and Right of Action therein, did,
4 without consideration for his consent or lack thereof, then imprison plaintiff Duff.
5 During imprisonment the Defendants took further casual ill-considered actions to
further injure plaintiff Duff by trespassing upon Duffs Domain and his Dominion
over that domain, did search and seize Duffs property, over Duffs express objection
thereto, in the form of his papers and effects and one 1996 Buick Rivera vin#
8
Ig4gd2215t4710668 (copy of bill of sale attached as exhibit B) and original bill of sales for two
9
other automobiles, under color of laws foreign to Plaintiffs domain and individual
private capacity and without good cause shown, trial or due process of law.
11
12 8. From the moment he was taken away till the present, Duff, under color of law, was
kept in actual or constructive imprisonment. Although he objected to the assumed
jurisdiction, those who kept him imprisoned under color of law did not respond to
any of his demands and requests for proof of jurisdiction or for reinstatement of his
liberty. Defendants and their agents continued to assume the jurisdiction without
proof of jurisdiction or any attempt at proof of jurisdiction. Plaintiff Duff continues
17 to be subject, under color of law, to the assumed jurisdiction, will and control of the
lg Defendants and their agents.
19 SPECIFICS
9. Each defendant acted in such a way, or failed to act in such a way, that plaintiff Duff
is deprived of his liberty. Each defendant acted to deprive plaintiff Duff of his
21
liberty; or each defendant failed to act to prevent the loss by plaintiff Duff of his
22
liberty. Further, each defendant is a willing participant in concert with each of the
remaining agents thereof not yet named. Some said agents have slowly driven by
24 Duffs home with an obvious interest thereon since Duff bonded from Jail.
25
10. At all times mentioned in this action each defendant is the agent of the other, and in
4&Q
doing the acts alleged in this action, each is acting within the course and scope of said
27
Page 4 of 11
agency. The following paragraphs describe what the Defendants, under color of law,
either acted or failed to act as obligated.
2
11. Each defendant exceeded his jurisdiction under color of law. Each defendant acted in
concert with the remaining defendants to effect the unlawful loss of property and of
5 liberty of plaintiff Duff.
6
12. "SERIAL # 3092" is identified as the "ARRESTING OFFICER" in Exhibit "C",
KCMO Police Department. Under color of law "SERIAL # 3092" assumed the
8
jurisdiction and unlawfully and forcibly carried plaintiff Duff away, and imprisoned
Q
against his will without thorough investigation, without good cause, and for reasons
that are inconsistent with Duff's Right of Action. One of the officers involved in the
11 unlawful imprisonment commented that he understood Duffs claim and actually did
12 what he could to protect Duff from the apparent anger of the other officers.
13
13. Under color of law, "SERIAL # 3092" assumed the jurisdiction to impose various
14
charges to subject plaintiff Duff to a foreign jurisdictions compulsory policies under
color of law and without due process of law.
16
17 14. On Exhibit "C" "SERIAL # 3092" is named as the Kansas City PD "I/O", and
18 apparently is acting in concert with Complainer defendant Frazier to continue the
19 imprisonment of plaintiff Duff who is informed and believes that defendant Frazier is
acting for that purpose.
-Zr\J
21
At no time did Duff injure or intentionally injure defendants or their agents. The
22
incident arose out of Duff s notice to defendant Frazier that the regulatory action
Frazier claimed to be enforcing had no capacity to reach beyond the Bright Line
24 Boundary of Plaintiff Duffs Domain to compel or prohibit any action taken therein.
25 At no time did plaintiff Duff exit his private domain and capacity voluntarily or
consensually.
26
27
Page 5 of 11
16. By right, plaintiff reasonably expects to proceed without injury, secure in his
capacities. By right, plaintiff reasonably expects to exercise his right to go upon the
public right of way unmolested and while recognizing he does have a duty to injure
•>
no other in that pursuit.
4
5 17. Defendants have a legal duty to use due care and not cause an injury to Plaintiff or
g interfere with said rights in any way.
7
18. Defendants breached that duty by proximately or legally, directly and indirectly,
8
causing the injuries to Plaintiff.
o
19. Because of the actions committed with actual and implied force or the lack of action
of the defendants, plaintiff was immediately and directly injured and suffered loss of
11 liberty, Property and imprisoned under color of law.
12
20. Defendants have a duty to not cause plaintiff Duff to be imprisoned under color of
law, to not cause loss of liberty and to not search or seize Duff's person or property
14
unreasonably. Further, defendants have a duty to prove jurisdiction when objection
to jurisdiction is asserted.
16
17 21. Defendants have breached that duty. The damages claimed are all a result of the
lg injuries.
19
22. The damages for the injury caused by defendants' actions are $5,000 for each day of
unlawful imprisonment and $500 for each day Duffs property is withheld as a result
of the actions of defendants.
22
23. The damages for the injury caused by defendants' absence of required action is
24 $5,000 for each failure to act.
25
COUNT 2 OF CAUSE OF ACTION - TRESPASS ON THE CASE
26
27
Page 6 of 11
24. Paragraphs 1 through 23 of CAUSE OF ACTION and count 1 are included by
reference as though fully stated herein.
2
25. By right, plaintiff reasonably expects to proceed without injury, secure in his
capacities. By right, plaintiff reasonably expects to exercise his right to go upon the
5 public right of way unmolested and while recognizing he does have a duty to injure
g no other in that pursuit.
7
26. Defendants have a legal duty to use due care and not cause an injury to Plaintiff or
8
interfere with said rights in any way.
9
27. Defendants breached that duty by proximately or legally, directly and indirectly,
11 causing the injuries to Plaintiff.
12
28. The damages claimed are all a result of the injuries.
14
COUNT 3 OF CAUSE OF ACTION - TRESPASS ON THE CASE
15
16
VICARIOUS LIABILITY
17
1g 29. Paragraphs 1 through 23 of CAUSE OF ACTION and count 1 are included by
jo reference as though fully stated herein.
20
30. Power is never without responsibility. And when authority derives in part from
21
Government's thumb on the scales, the exercise of that power by private persons
22
becomes closely akin, in some respects, to its exercise by Government itself. Plaintiff
reserves the right to include additional defendants as they are identified.
24
25 31. The purpose of imposing vicarious liability is to insure the costs of injuries resulting
from defective actions are placed on the source of the actions and others who make
26
the actions possible rather than on injured persons who are powerless to protect
27
Page 7 of 11
themselves. For a defendant to be vicariously liable it must play an integral and vital
part in the overall production and promotion activity so that the actor is in a position
2
to affect others or, at the very least, it must provide a link in the chain of exposing the
ultimate victim to the actor. The vicariously liable defendant must be in the business
of controlling, leasing, bailing, or licensing the actors.
5
g 32. Each defendant is an agent of the other, and each has his place in the chain of
exposing plaintiff Duff to the actors. Each defendant is vicariously liable for each
instance of injury to plaintiff.
8
9 LAW OF THE CASE
10
33. The law of this case is further decreed:
34. If any claim, statement, fact, or portion in this action is held inapplicable or
not valid, such decision does not affect the validity of any other portion of this
13 action.
14 35. The singular includes the plural and the plural the singular.
.5 36. The present tense includes the past and future tenses; and the future the
present, and the past the present.
16
37. The masculine gender includes the feminine and neuter.
17
38. If any person shall maliciously or wantonly damage or destroy any personal
18
property, goods, chattels, furniture or livestock, the person so offending shall
pay to the party injured double the value of the things so damaged or
20 destroyed; and upon an affidavit that said damage or destruction was
wantonly or maliciously done, it shall be a good ground for an attachment to
issue, as in other cases by attachment, (effectively restated at RSMo 537.330)
((1973) Section 537.330 did not abrogate the common law right of punitive
23
damages. State ex rel. Smith v. Greene (Mo.), 494 S.W.2d 55. ) (Section
24
537.330 did not abrogate the common law right of punitive damages. State ex
rel. Smith v. Greene (Mo.), 494 S.W.2d 55.)
26
27
Page 8 of 11
39. A person commits the crime of false imprisonment if he knowingly restrains
another unlawfully and without consent so as to interfere substantially with
2
his liberty.
40. The Federal Rules of Civil Procedure are the rules of the above-entitled court.
The rules shall be construed and administered to secure the just, speedy, and
5 inexpensive determination of this action.
6
Definitions: (2) "Appropriate" means to take, obtain, use, transfer, conceal
7
or retain possession of;
8
(3) "Coercion" means a threat, however communicated:
Page 9 of 11
defendant shall have the burden of injecting the issue of justification as to
any threat;
2
3 COGNIZANCE REQUESTED
4
Plaintiff requests this court take cognizance of Exhibits A, B, C, D (Affidavit of Truth of
Citizenship Status) and E (offer of proof of 2 distinct citizenship status in this American
Society) and apply the laws therein referenced to the instant case.
7
REQUEST FOR RELIEF
8
9 41. For that cause of action therefore Plaintiff brings his suit.
10 42. WHEREFORE, Plaintiff prays judgment against Defendants, and each of them
individually and severally, as follows:
43. On all causes of action:
12
44. For general damages in the sum of $25, 000 for the act of accosting, binding and
kidnapping Duff and $5,000 multiplied by the number of days in constructive and
14
actual imprisonment;
15 45. For damages resulting from loss to Duff of his property in his Automobile including
16 personal private property therein multiplied by $500 per day until all said property is
17 returned to Duff in the same condition as when it was taken to toll from the day of the
,g taking.
46. For order of mandamus by this court for City of Kansas City Municipal Division to
19
yield its action against Duff (see exhibit C) to this court as this court is superior to the
inferior Municipal court.
47. For this court to quash City of Kansas City Municipal Division charges expressed in
22 Exhibit C.
23 48. For loss of earnings according to proof;
49. That the court enter a declaratory judgment that defendants have acted arbitrarily and
capriciously and with willful and wanton intent, have abused their discretion and
25
have acted not in accordance with law, but under color of law;
26
27
Page 10 of 11
50. That the court enters a declaratory judgment that defendants have acted contrary to
constitutional right, power or privilege.
2
51. That the court enters a declaratory judgment that defendants' actions were in excess
of statutory jurisdiction, authority and short of statutory right.
52. That the court permanently enjoin defendants from interfering in any way with
5 plaintiffs future lawful right of action;
53. That the court enter a declaratory judgment that the records of the court not of record
are impeached for want of jurisdiction in the Court or judicial officers, for collusion
between the parties, and/or for fraud in the parties offering the record, in respect to
8
those proceedings;
9
54. That the court grant plaintiff his attorneys fees;
55. That the court grant plaintiff such other and further relief as the court deems proper;
11 56. For interest as allowed by law; and
12 57. For costs of suit incurred.
I declare under penalty of perjury that the foregoing facts are true and correct to the best of
my knowledge.
14
17
18 Wil
j<j williamduff@kcm.com
20
21
22
23
24
25
26
27
Page 11 of 11
NOTICE
NOTICE: V
This notice is actual notice to you and constructive notice to all agencies and
agents of government;
I do not consent to talk to you, and I must insist, unless you are placing me
under arrest, or can state specific facts which warrant your detaining me that
you immediately leave me alone to go about my business, as is my Right
protected by the controlling Constitutions
IN PERTINENT PART;
Pagel
NOTICE
I state here and now that I have exercised my unalienable rights in a fashion that is within
the meaning and protection of the U. S. Constitution and the original Constitution of this
State, EXCLUSIVE OF THAT BODY OF LAW FLOWING FROM THE 14™
AMENDMENT, and beyond that I have no duty to adhere to your or anyone else's
sensibility so long as I harm no one or do not trespass on their rights, (see HALE v.
HENKEL, 201 U.S. 43 (1906) (CASE NOT OVERTURNED ON THIS PRINCIPLE)
In addition, be advised that any act on your part to proceed under color of law against me
not knowing full well I am party to the contract or engaged in a regulated activity which
enables you to enforce traffic laws, ordinances or administrative regulations (unless, there
is a real injured party willing to testify that I have done them harm) will be met with an
aggressive and protracted and time consuming Court battle before a Jury of MY peers.
I have rescinded any assumed contracts this court or this city may be acting in accordance
with from their inception per Affidavit of truth of citizenship status currently filed with the
16th judicial circuit court of Missouri and published at http://www.doprocess.net and
www.willj^mciuff.com
Further, If the process you are about to serve me does not afford me a judicial power trial
Page 2
NOTICE
with a jury of my peers and full due process of law exclusive of all theories of law flowing
from the 14th amendment, such process can only be described as a Bill of Attainder
which is specifically denied to all agencies of government by the controlling constitutions.
"The RIGHT of the citizen to DRIVE on the public street with freedom from police
interference, unless he is engaged in suspicious conduct associated in some manner with
criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the
courts." People v. Horton 14 Cal. App. 3rd 667 (1971)
"The right of a citizen to travel upon the public highways and to transport his
property thereon, by horse-drawn carriage, wagon, or automobile is not a
mere privilege which may be permitted or prohibited at will, but a common
right which he has under his right to life, liberty, and the pursuit of happiness."
Slusher v. Safety Coach Transit Co., 229 Ky 731,17 SW2d 1012, and affirmed by
the Supreme Court in Thompson v. Smith 154 S.E. 579.
Also See:
7. There is no practical difference between assuming the guilt and declaring it.
The deprivation is effected with equal certainty in the one case as in the other. The legal
result is the same, on the principle that what cannot be done directly cannot be done
indirectly.
And finally, DO NOT OVERLOOK Davis v. Mississippi, 394 U.S. 721, you are
hereby informed regarding the fact that my fingerprints are private property
which cannot be taken over my objection without a valid court order and only
where a mala in se crime is charged. BE IT NOW RECOGNIZED THAT I DO
OBJECT TO THE TAKING OF ANY OF MY PRIVATE PROPERTY.
THESE CASES HAVE NOT BEEN OVERTURNED WITH RESPECT TO THE SOVEREIGN
CITIZEN AND ARE THE CONTROLLING LAW ON THE SUBJECT YOU ARE CURRENTLY
ENGAGING. IGNORING THIS NOTICE MAY EXPOSE YOU TO LOSS OF YOUR IMMUNITY
FROM PROSECUTION
DO NOT MISS THE ABSOLUTE FACT THAT THIS DETENTION IS A CIVIL MATTER
Page 3
NOTICE
DO NOT MISS THE ABSOLUTE FACT THAT THE LAWS YOU ARE CURRENTLY
ENGAGED IN ENFORCING ARE LIMITED TO FEDERAL CITIZENS RESIDING IN
THISSTATE;
Page 4
BILL OF SALE
I, Johnny Jones, the sole owner of all right, title and interest of every kind,
in the property described in detail at ebay.com in ebay.com's item #
4545916022, a 1996 Buick Riviera vin # Ig4gd2215t4710668, do cede all
right, title and interest to said property, as described above, to William D
Duff of 3030 NW Oak crest dr. K.C., Mo. 64151 in return for Two
Thousand-Eight Hundred-Fifty ($ 2,850.00) U.S. dollars tendered at the
signing of this document and in satisfaction of the auction agreement
between the parties as a result of the ebay auction.
J
(Print
name here
~~~~/~\
Witness Signed //William D D
j&f^-jgt^
Witness: Signed
Linda Talley
VIOLATION NOTICE
AND INFORMATION 2243 356
* HAKS*S an mou* AT of «t«i r^ocAinor L^^
_ >/ . . rn
OkOHtKVT
W-* ./• ;
• > •' ^ • "•
3
«*» *SE ooe*«ir.« t >;t SEX « «CT ?TK
: \^b
L
"» ^T ._.-«•«" Ht*""* ^ STMt =»- »««•
*t*^
arfCMB KPCN sttET .« •va'W 3 =f> •*•**: ««" L ',. "^^
». 1 1- *"-'• 1 _ _ ^
KM1W *"
1
- • j- •*
:<.???> ME* ^J^9
/• J( ^"^
* - '•
:
— 1\:-; "i^. -i-.'V fXJ ^
-• T
- WA \>»,
an
•v ^-_
,• 2
omm ucant ic
' • - ' STATE:
-- •• csi• ndNft E««.0»B> JUWESt
5^^&^iSl^r'fftTnafcl^)lr)rJ^WM|rfIt?»f^el w^*^«? ST4T4. UCBBSE ft>tT «O YEAft locjft' D*^CiD*NT Vcrt'^iJlMKf 'OXjYSrVO: CHM
ccuwn i>« Fouiiwt ofnwe'up* EWET '.* M^af' f'Datt«rwL-wT nn^'rv
. seniAiKo uxr Ml
' •' *- _•"*•
-
v ''
MU-
^r'1 "-"-.
. S^i
.
- ro
- :
f-SNC 4 CCST
ro
WUATtOM
-- .<!' «._ jfci-. . . -• . £~7J-7
CO
'.
• •./^.j«Jt-*fl-^ -
S CO
.vouT^ocrHscooEOF S c
* Penalty Sec. ,; -.
• . . .; .
-<•. .- =,..
'.<&!(> ^aw
en
~ '••
^ //
7
/ -
t ' t
,' : f
.oc«s?s: '.
x*«(6»5crr K5 *
.
r ,• en
3H±2 -
• •
Mt ,
. -
DRMBt UCChtf ttQ.
CrTYAJOrSTCt
CD-. ^0»ft *
ZfCXtf. AGE MB Aid STATE RjtcS RX *k n «K;T tvrs NW
EI6»lDnt( AKffiH*
Be am«fjyi ,1
&G ff^E^S t^Ofc JT^r*"',* -^rnnnf.T * « X -¥ ^-^j, M4T C" J'C'yff?'
'
38|*»*rO«h[i -I ...'-.,-,>! i .,»*!.. •
KftJiOA*r *«> fW! --
•'".'i.. 1- ..Vii-j.r;
. •'•'.;- -i *• . •
-ft
no
:
Rights retained by the people include but are not limited to those eluded to in
the following U.S. Supreme Court case insofar as it supports my sovereign
birthright (accent added on point):
"The individual may stand upon his constitutional rights as a citizen. He is entitled
to carry on his private business in his own way. His power to contract is unlimited.
He owes no such duty [to submit his books and papers for an examination] to the
State, since he receives nothing there from, beyond the protection of his life and
property. His rights are such as existed by the law of the land [Common Law] long
antecedent to the organization of the State, and can only be taken from him by due
process of law, and in accordance with the Constitution. Among his rights are a
refusal to incriminate himself, and the immunity of himself and his property from
arrest or seizure except under a warrant of the law. He owes nothing to the public
so long as he does not trespass upon their rights." Hale v. Henkel. 201 U.S. 43 at
47(1905).
Rights possessed by me individually include but are not limited to;
The right to carry on my private business in my own way so long as that use does
not harm or trespass on anyone. Thus, be it known to all that even though I
recognize and respect those collectively held powers granted to governments, I
reserve my individually held prerogative rights of action not to be compelled to
perform under any contract or disability that I did not enter into knowingly,
voluntarily, and intentionally. A compelled state license to use my property upon
the public right of way is one such disability.
As such, the hidden or unrevealed contracts that supposedly create obligations to
perform, for persons of subject status, are inapplicable to me, and are null and void
acts when applied to me. If I have participated in any of the supposed "benefits"
associated with these hidden contracts, I have done so under duress from coercion,
mis-information, and ignorance of my true nature and rightful power. I correct that
ignorance here.
From my age of consent to the date affixed below I have never signed a contract
knowingly, willingly, intelligently, and voluntarily whereby I have waived any of
my individually held natural Rights, and, as such,
Take Notice that I revoke, cancel, and make void, ab initio. my power of
appointment on any and all contracts, agreements, forms, or any instrument which
may be construed in any way to give any agency or department of any federal or
state government authority, venue, or jurisdiction over me upon subject matter that
is solely within my individual province; one being my Right to be free from all
government restraint of my choice of action unless I have first harmed or
trespassed upon the rights of another.
This position is in accordance with the U.S. Supreme Court decision of Brady v.
U.S., 379 U.S. 742 at 748 (1970):
"Waivers of Constitutional Rights not only must be voluntary, they must be
knowingly intelligent acts, done with sufficient awareness of the relevant
circumstances and consequences."
Declaration of Citizenship. Any document signed by me, in which I answered
"yes" to the question, "Are you a U.S. citizen?" - cannot be used to compromise
my status as a Sovereign, nor obligate me to perform in any manner. This is
because it was not disclosed to me that being a U.S. citizen altered my birthright
and diminished my individually retained private rights through the "Doctrine of
Selective Incorporation".
I am not a "United States" citizen residing in Missouri. I am a Missourian as
comprehended by the birthright of "We the People" defined at 4 wheat 402. The
United States is an entity created by the U.S. Constitution with jurisdiction as
described on the following pages of this Affidavit. I am not a "resident of," an
"inhabitant of," a "franchise of," a "subject of," a "ward of," the "property of," the
"chattel of," or "subject to the jurisdiction of any corporate federal government,
corporate state government, corporate county government, corporate city
government, or corporate municipal body politic created under the authority of the
U.S. Constitution nor the Missouri Constitution as that jurisdiction comprehends
any subject matter that would diminish my individually held prerogative rights. I
am not subject to any legislation, department, or agency created by such
authorities, nor to the jurisdiction of any employees, officers, or agents deriving
their authority there from as that jurisdiction comprehends any subject matter that
would diminish my individually held prerogative rights. Further, I am not a
subject of the Administrative and Legislative Article FV Courts of the several
states, or Article I Courts of the United States, or bound by precedents of such
courts, deriving their jurisdiction from said authorities as that jurisdiction
comprehends any subject matter that would diminish my individually held
prerogative rights.
Take Notice that I hereby revoke, cancel, and make void ab initio any such
instrument or any presumed election made by any of the several states or the
United States government or any agency or department thereof, that I am or ever
have voluntary elected to be treated as a United States citizen, subject to its
jurisdiction, or a resident of any territory, possession, instrumentality or enclave
under the sovereignty or exclusive jurisdiction of any of the several states or of the
United States as defined in the Missouri or U.S. Constitutions.
Therefore, in addition to the fact that no unrevealed federal or state contract can
obligate me to perform in any manner without my fully informed and uncoerced
consent, likewise, no federal or state statutes or regulations apply to me or have
any jurisdiction over my actions taken within my individually held prerogative
rights where same harms no one. I hereby affirm that I do not reside or work in
any federal territory of the "District" United States, and that therefore no U.S.
federal government statutes or regulations have any authority over me.
REVOCATION OF POWER OF ATTORNEY
Furthermore, I hereby revoke, rescind, and make void ab initio, all powers of
attorney, in fact or otherwise, implied in law or otherwise, signed either by me or
anyone else, as it pertains to the Social Security number assigned to me,
William D Duff as it pertains to my birth certificate, marriage or
business license, or any other licenses or certificates issued by any and all
government or quasi-governmental entities, due to the use of various elements of
fraud by said agencies to attempt to deprive me of my Sovereignty and/or property
and I demand that all moneys of whatever character which have been paid to such
entity in my name be returned to me without further delay.
I hereby waive, cancel, repudiate, and refuse to knowingly accept any alleged
"benefit" or gratuity associated with any of the aforementioned licenses, numbers,
or certificates. I do hereby revoke and rescind all powers of attorney, in fact or
otherwise, signed by me or otherwise, implied in law or otherwise, with or without
my consent or knowledge, as it pertains to any and all property, real or personal,
corporeal or incorporeal, obtained in the past, present, or future. I am the sole and
absolute lawful owner and possess all rights, title and interest in any and all such
property.
Take Notice that I also revoke, cancel, and make void ab initio all powers of
attorney, in fact, in presumption, or otherwise, signed either by me or anyone else,
claiming to act on my behalf, with or without my consent, as such power of
attorney pertains to me or any property owned by me, by, but not limited to, any
and all quasi/colorable, public, governmental entities or corporations on the
grounds of constructive fraud, concealment, and nondisclosure of pertinent facts.
I affirm that all of the foregoing is true and correct. I affirm that I am of lawful age
and am competent to make this Affidavit. I hereby affix my own signature to all of
the affirmations in this entire document with explicit reservation of all my
unalienable rights and my specific common law right not to be bound by any
contract or obligation which I have not entered into knowingly, willingly,
voluntarily, and without misrepresentation, duress, or coercion.
The use of notary does NOT grant any jurisdiction to anyone and as such none is
necessary as I personally will be glad, in special appearance, to verify that all
statements within are true to the best of my knowledge and that I assert each and
every one through this document as truth. My signature below is evidence of that
fact.
William D. Duff
Offer of Proof that two distinct status of citizenship exist
2. William Duff alleges there are two distinct status of citizen in this American society
and that plaintiff's status is as defined in his comes now section ,above, and defined as;
the Sovereign Citizen. Are there two distinct status of citizen in America? Let's answer
that question;
"an individual can be a Citizen of one of the several States without being a citizen of the United
States," (U.S. v. Anthony), or, "a citizen of the United States without being a Citizen of a State."
U.S. v. Cruikshank, (1875))
U.S. Constitution Article 4, Section 2 guarantees "privileges and immunities" to Citizens of each
state. K Tashiro v. Jordan 256 P 545, was later affirmed by US Supreme Court in 278 US 123:
"There is clear distinction between national and State Citizenship, U.S. Citizenship does not
entitle citizen of the privileges and immunities of the Citizen of the State"
The Supreme Court in Colgate v. Harvey 296 US 404, 429 clarified that rights of state
citizenship are in contradistinction to the rights of US citizenship: "The rights of a citizen under
one may be quite different from those which he has under the other..."
3. It is, therefore, self evident there are two distinct status of citizen within America as
related by the U.S. Supreme Court in Cruikshank, Tashiro, Colgate, Anthony above
quoted, and many others such as Hale v Henkel, Chisholm v Georgia etc. That being
now a material fact, what is the difference between a citizen of the United States and a
State Citizen? Lets answer that question;
"The people of the state, as the successors of its former sovereign, are entitled to all the rights
which formerly belonged to the king bv his own prerogative." Lansing v. Smith, (1829) 4 Wendell
9, (NY).
"Under our system the people, who were there (in England) called subjects are here the
Sovereign... their rights, whether collective or individual, are not bound to give way to a
sentiment of loyalty to the person of a monarch. The citizen here (in America) knows no person,
however in years to those in power, or however powerful himself to whom he need yield the
rights which the la\v secures to him..." United States vs. Lee 106 U.S. 196 at 208
United States v. 24 Federal Cases 829,830 (1873): "The rights of Citizens of the States, as such,
are not under consideration in the fourteenth amendment. They stand as they did before the
adoption of the fourteenth amendment arid are fully guaranteed by other provisions."
"The words "People of the United States" and "Citizens" are synonymous terms, and mean the
same thing. They both describe the political body that, according to our Republican institutions
form the sovereignty... they are what we familiarly call the "Sovereign people", and every citizen
is one of these people and a constituent member of the sovereignty..." Wong Kim Ark. P. 914,
quoting Dred Scott vs. Sandford, 60 U.S. 393, 19 Ho\v 577. See also: Hancock vs. Cany Alcorn
Mining Co., Inc., Ky., 503 S. W. 2 d 710 Kentucky Constitution section 4; Commomvealth Ex
Rel. Hancock vs. Paxton Kentucky, 516 S. W. 2 dpage 867(2) clause 3
4. It is now self evident and material as related by the U.S. Supreme Court in Lansing,
US v Lee, US v 24 fed cases, Dred Scott and many other cases on the subject that State
Citizenship possesses the sovereign prerogative as once possessed by the King of
England and are the sovereign in America, both individually and collectively. By
contrast the United States Citizen is;
Amendment XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the state wherein they reside.
"A person may be a citizen of the United States, and not a citizen of any particular state. This is
the condition of citizens residing in the District of Columbia and in the territories of the United
States or who have taken up a residence abroad."Prentiss v. Brennan Fed.Cas.No. 11,385, 2
Blatchf.
United States v. 24 Federal Cases 829,830 (1873): "The rights of Citizens of the
States, as such, are not under consideration in the fourteenth amendment. They
stand as they did before the adoption of the fourteenth amendment and are fully
guaranteed by other provisions."
5. From the declaration in section 1 of the 14th Amendment to the Constitution of the
United States of America, it is clear, if not material fact, that the US citizen status of
citizenship was created by concurring acts of the Congress and of the Legislatures of
the States by granting an additional enumerated power to the congress to create and
regulate this new status of citizen by and through amendment XIV. It is further
apparent to plaintiff, if not this court, that the Missouri Constitution adopted in 1875
and later in 1945 are recognition by the State of said amendment and regulation of said
U.S. citizen. It is further apparent to anyone of average intelligence that the State
Legislatures and the Federal Congress are creations of the sovereign citizens (state
citizens) as is recognizable by the source statements of the state and federal
constitutions, i.e. "We the People do ordain and establish" and "We, the people of
Missouri,,,,,,,,,,,,,,,,,, do mutually agree to form and establish a free and independent
republic, by the name of "The State of Missouri," and for the government thereof do
ordain and establish this constitution.", And it is material that said amendments and
constitutions and the laws arising from them do not comprehend the sovereign citizen
but recognizing the State Constitution of 1875 and laws arising there from enjoy far
more stealth on the subject than do the federal documents doesn't alter their intent and
purpose.
Obviously, there is a clear distinction between the two status' of citizenship. The nature
of the State Citizen being in possession of sovereign prerogative ordaining and
establishing (creating) the State and Federal Governments, and the nature of the
United States citizen being a creation of said State and Federal Governments. The
State Citizen (sovereign) created all government while the US citizen was created by
those governments.
The following definition of sovereignty is from Bouvier's 14th edition Law Dictionary (quoting
from 4 Wheat, 402). "It has been justly thought a matter of importance to determine from what
source the United States derives its authority... the question here proposed is whether our bond
of union is a compact entered into by the states, or whether the Constitution is art organic law
established by the People. To this we answer: We The People... ordain and establish this
Constitution"... the government of the state had only delegated power (from the People) and
even if they had an inclination, they had no authority to trattsfer the authority of the Sovereign
People. The people in their capacity as Sovereigns made and adopted the Constitution; and it
binds the state governments without the state's consent. The United States, as a whole, therefore,
emanates from the People and not from the states, and the Constitution and laws of the states
whether made before or since the adoption of that Constitution of the United States, are
subordinate to the United States Constitution and the la\vs made in pursuance of it. The people
are the Fountain of sovereignty. The whole was originally with them as their own. 77ie state
governments are but trustees acting wider a derived authority, mid had no power to delegate
what is not delegated to them. But the people, as the original Fountain, might take away what
they have lent and entrust to whom they please. They have the whole title and as absolute
proprietors have the right of using or abusing, -jus utendi et abutendi. It is a maxim
consecrated in public law as well as common sense and the necessity of the case that a Sovereign
is ans\verable for his acts only to his God and his own conscience ... There is no authority above
a Sovereign to which an appeal can be made. "4 Wheat, 402 (Bouvier 's 14th edition Law
Dictionary: "Sovereignty )
"The words "People of the United States" and "Citizens" are synonymous
terms, and mean the same thing. They both describe the political body that,
according to our Republican institutions form the sovereignty ... they are
what we familiarly call the "Sovereign people", and every citizen is one of
these people and a constituent member of the sovereignty..." Wong Kim
Ark. P. 914, quoting Dred Scott vs. Sandford, 60 U.S. 393, 19 How 577. See
also: Hancock vs. Carry Alcorn Mining Co., Inc., Ky., 503 S. W. 2 d 710
Kentucky Constitution section 4; Commonwealth Ex Rel. Hancock vs. Paxton
Kentucky, 516 S. W. 2 d page 867(2) clause 3. "A SOVEREIGN IS
ANSWERABLE ONLY TO GOD AND CONSCIENCE"
"The people, or the Sovereign are not bound by general words in statutes,
restrictive of prerogative right, title or interest, unless expressly named. Acts
of limitation do not bind at the King nor the people. The people have been
ceded all the rights of the king, the former Sovereign... It is a maxim of the
common law that when an act of parliament is made for the public good, the
advancement of religion and Justice, and to prevent injury and wrong, the
king shall be bound by such an act, though not named; but when a statute is
General, and any prerogative rights, title or interest would be divested or
taken from the king (or the people) in such case he shall not be bound, "the
People vs. Herkimer 15 American Decisions 379, 4 Cowen (NY 345, 348
(1825))
"Since in common usage, the term person does not include a Sovereign.
statutes not implying the phrases are ordinarily construed to exclude it."l
U.S.C.S. 1, n 12, United States vs. Fox 94 U.S. 315
... citizens of the District of Columbia were not granted the privilege of litigating in the federal
courts on the ground of diversity of citizenship. Possibly no better reason for this fact exists than
such citizens were not thought of when the judiciary article [III] of the federal Constitution was
drafted. ... citizens of the United States**... were also not thought of; but in any event a citizen
of the United States**, who is not a citizen of any state, is not within the language of the
[federal] Constitution. [Pannill v. Roanoke, 252 F. 910, 914] [emphasis added
Persons are devided by la\v into natural and artificial. Natural persons are such as the God of
nature formed us; artificial are such as are created and devised by human la\vs, for theputposes
of society and government, which are called "corporations" or "bodies politic". 1 Bl. Comm.
123 Blacks La\v Dictionary 1st Edition 1891
Amendment XIV designates a new class of citizen (see previous definition of artificial persons);
Section 1. All persons bom or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the state wherein they reside. No state shall make
or enforce any law which shall abridge the privileges or immunities of citizens of the United
States; nor shall any state deprive any per son of life, liberty, or property, without due process of
la\v; nor deny to any person within its jurisdiction the equal protection of the laws.
In Powell v. U.S. 109 F2d 147, 149 (1940) the court determined wliat the term 'citizen'means in
federal statutes. Notice that the term 'citizen,' when used in federal laws, excludes State citizens:
"... a construction is to be avoided, if possible, that would render the law unconstitutional, or
raise grave doubts thereabout. In view of these rules it is held that 'citizen' means "citizen of the
United States,' and not a person generally, nor citizen of a State ..."
Your U.S. Constitution Article 4, Section 2 guarantees "privileges and immunities" to Citizens of
each state. K Tashiro v. Jordan 256 P 545, was later affirmed by US Supreme Court in 278 US
123: "There is clear distinction between national and State Citizenship, U.S. Citizenship does not
entitle citizen of the privileges and immunities of the Citizen of the State"
United States v. 24 Federal Cases 829,830 (1873): "Tfte rights of Citizens of the States, as such,
are not under consideration in the fourteenth amendment. They stand as they did before the
adoption of the fourteenth amendment and are fully guaranteed by other provisions."
The Supreme Court in Colgate v. Harvey 296 US 404, 429 clarified that rights of state
citizenship are in contradistinction to the rights of US citizenship: "The rights of a citizen under
one may be quite different from those which he has under the other..."
Your U.S. Constitution Article 4, Section 2 guarantees "privileges and immunities" to Citizens of
each state. K Tashiro v. Jordan 256 P 545, was later affirmed by US Supreme Court in 278 US
123: "There is clear distinction between national and State Citizenship, U.S. Citizenship does not
entitle citizen of the privileges arid immunities of the Citizen of the State"
United States v. 24 Federal Cases 829,830 (1873): "The rights of Citizens of the States, as such,
are not under consideration in the fourteenth amendment. They stand as they did before the
adoption of the fourteenth amendment andare fully guaranteed'by other provisions."
The Supreme Court cases just above demonstrate that U.S. citizens are natural persons
possessed of artificial citizenship status created by the States and the Congress for the
purposes of society and government, which are called "corporations" or "bodies politic".
And, that the sovereign citizen is not comprehended in or by enactments respecting the
United States citizen. The U.S. citizen does not enjoy the privilege and immunity
possessed by the sovereign citizen because a citizenship status created by government,
and law, is not endowed by the creator of nature and because the Congress and the
State Legislatures possessed no sovereignty with which to bestow same on natural
persons who do not possess the birthright of sovereignty.
8. The question then arises respecting the nature of the sovereign citizen; Can
government presume the sovereign citizen to also be a United States citizen without his
consent? Let's see what the Courts say on this subject;
"The people of the state, as the successors of its former sovereign, are entitled to all the rights
which formerly belonged to the king by his own prerogative." Lansing v. Smith, (1829) 4 Wendell
9, (NY).
"In the United States the people are sovereign and the government cannot sever its relationship
to the people by taking a\vay their citizenship. " Afroyim vs. Rusk, 387 U.S. 253 (1967)
"Under our form of government, the Legislature is not supreme. It is only one of the organs of
that absolute sovereignty which resides in the whole body of the people; like other bodies of the
government, it can only exercise such powers as has been delegated to it, and when it steps
beyond that boundary, its acts.. . Are utterly void. "Billings vs. Hall, 7 CA 1 (Court of Appeals,
U.S.)
"There is no such thing as a power of inherent sovereignty in the government of the United
States. In this country sovereignty resides in the people, and Congress can exercise no power
which they have not, by their constitution entrusted to it: All else is withheld." Julliard vs.
Greenman, 110 U.S. 421
"The law subscribes to the king (in America, the people) the attribute of sovereignty; he is
sovereign and independent within his own Dominion; and o\ves no kind of subjection to any
other potentate upon earth. Hence, it is, that no suit or action can be brought against the king,
even in civil matters, because no court can have jurisdiction over him; for all jurisdiction implies
supremacy of power. "Chisholmvs. Georgia 2 Doll. 419,458
"Since in common usage, the term person does not include a Sovereign, statirtes not implying the
phrases are ordinarily construed to exclude it." 1 U.S.C.S. I, n 12, United States vs. Fox 94 U.S.
315
"Waivers of Constitutional Rights, not only must be done voluntarily, they must be knowingly
intelligent acts, done with sufficient aw'areness of relevant circumstances and consequences. "
Brady v US, 397 US 742
"Under the well-settled doctrine of "unconstitutional conditions," the government may not
require a person to give up a constitutional right in exchange for a discretionary benefit
conferred by the government where the property sought has little or no relationship to the
benefit. " Dolan v City ofTigard, 512 US 374
It is therefore apparent if not material that the governments cannot compel a sovereign
citizen to be the U.S citizen or even to adhere to the same rules as the U.S. citizen.
Such can only be accomplished by the express consent of the sovereign.
9. All that being now material the final question must be; Is plaintiff such a sovereign
citizen?
The answer must, by now, be self evident to this court. Plaintiff has filed an affidavit of
truth with this court and is on file in this case. Plaintiff was born and has lived his 57
years right here within Missouri and as such is in possession of the birthright. As is
referenced in said affidavit, plaintiff, has rescinded all powers of appointment,
admissions and contracts implied in law and in fact that bound him to obey these
oppressive laws, that body of laws arising out of the 14th amendment, by his consent.
All were rescinded due to their being replete with disinformation, misinformation,
deceit, coercion, fraud and bad faith rendering all such contracts and admissions to
contracts void ab initio from their inception. No one has the standing to challenge
plaintiff's declaration as to his sovereign birthright.
Sovereignty has fairly been established through the Supreme Court decisions heretofore
cited in that the individual people in possession of the birthright protected by the
original constitutions are the sovereign. Collectively, they make up the sovereignty of
the people. And this plaintiff has proven herein to a certainty that he is such a citizen.
This fact, being material to this action as plaintiffs cause of action which is predicated
on the allegation that defendants, et al, exceeded their granted power in numerous
ways and trespassed into the domain of this Sovereign Plaintiff without his consent, it is
therefore necessary for the court to distinguish between the powers granted to
government by the consent of the people and those retained by the people. It is within
this analysis where clarity is given to the nature of the harm alleged by plaintiff to have
been committed by defendants, et al.
The people consented to that which is written in the state and the federal constitutions
and retained for themselves all that is not included, but what is most important is; what
did the people retain for themselves? Of course, throughout the articles of the
constitutions are references to limitations on granted powers. For the purpose of this
offer of proof it should be enough to demonstrate both the federal and state
constitutions prohibit government from searching and seizing anyone's person or
property without a warrant, due process of law and probable cause that a crime is
or has been committed. Remembering that a crime was a common law crime and
included intentional harms against persons or property and did not comprehend the
contemporary application of the word crime as being the breaking of any rule the
legislature or ordinance the municipality makes. The people did not consent to
anything more that what is contained in the constitutions.
10. SUMMARY;
The material facts established heretofore are: State Citizens are distinctly different from
US citizens in the eyes of the law; State citizens possess sovereign prerogative rights;
US citizens do not possess either sovereignty or sovereign prerogative rights; The State
does not possess sovereignty itself but only sovereign powers granted to it by the
people which represent a kind of sovereignty it exercises over the national government
but none but that expressly bestowed by compact over the people; Government can not
bestow that which it does not have on what it creates; and, Government can not
presume the sovereign citizen to be a United States citizen unless it can also
demonstrate such citizen has expressly consented thereto; That I, William Duff am one
such sovereign citizen; and finally, laws and due process that courts apply to the
sovereign citizen must comprehend and be respectful of those prerogative rights not
granted to governments and that are protected by said constitutions. By contrast, the
U.S. citizen is subject to that due process extended to them and defined by the laws of
the government that created their status.
As this Citizen has herein proven and declared by affidavit, filed in this and other
Jackson County court actions, that he is the Sovereign Citizen, as defined and
distinguished from a United States citizen above, and is in full possession of his
sovereign prerogative herein notices this court that he enjoys sovereign immunity from
every action of the legislature, Executive and Judicial branch of the Missouri
Government, it's subdivisions, agencies and agents, where intentional harm to another
is not associated or where he has not consented or where the action diminishes his
prerogative rights without his consent.
As such, it is necessary for the court to clearly and on the record, declare which
"Citizen" plaintiff is and what due process and laws are applicable and identify which of
these elements the court thinks it is addressing so that the appropriate due process and
application of law will be secured. This determination is even more necessary in the
instant case as the judiciary of Missouri has apparently not cognized one of the people
to be that sovereign citizen in any cases for the past 50 + years, in other cases this
plaintiff has been a party where this question has been ignored, and due to a
determination made by this judge to ignore plaintiff's collateral attack on the void
judgment this case arises from while ordering process from a case this action was
seeking a collateral attack on the void judgment thereof, be imposed without hearing
which is yet another failure on the part of the Missouri judiciary to cognize a Missouri
Citizen to be the sovereign and to respect that fact. All such cases related to sovereign
and/or natural rights claims during this period have been weighed, measured and
decided pursuant to the 14th amendment due process and privilege and immunities
clauses as comprehended by the current Missouri constitution and laws of Missouri. As
such, a reasonable man would conclude the State of Missouri is engaged in an effort to
ignore, if not destroy (bring about the genocide of), the rights of the sovereign state
citizen using the judiciary to deny people access to the sovereign protections. No
further obfuscation of this matter can or will be allowed where the question herein
proven is not controlling on the rule of decision for this court. This sovereign Citizen
must be protected by this judiciary in all the privileges and immunities inherent in his
sovereign prerogative rights.
Wherefore, William Duff, recognizing that the word "law" describes two separate and
distinct bodies of "law" as above referenced, and that this fact is exculpatory in nature,
moves this court to convene an evidentiary hearing to determine exactly which "law" is
or is not applicable in this case without further delay and for all other protections this
court can and should provide upon the outcome thereof.
sovereign
WilliakpDjjff; sovi juris
I IN THE 7TH JUDICIAL CIRCUIT COURT OF MISSOURI
2 COUNTY OF CLAY - DIVISION 2
3
4 William Duff, ) CASE NO. 07CY-CV06125
5 Plaintiff,
6 ) ACTION
7 v. ) FOR TRESPASS, AND
8 ) TRESPASS ON THE CASE
9 OFFICER WILLIAM FRAZIER, (SERIAL 3092)
10 AND
11 OFFICER ALAN ROTH (SERIAL # 4090) ) VERIFIED
12 Defendants.
13
14 EXHIBIT 'F'
15
16 LAW OF THE CASE
17
18 THE LAW OF THE CASE IS DECREED AS FOLLOWS:
19
20 I. LAW GENERALLY APPLICABLE
21 The Organic Constitution of Missouri 1820
22 1. The Constitution for the United States of America as it was Adopted, 1787 and First ten
23 Declaratory Articles (known as the Bill of Rights) and the 13th amendment thereto
24 2. A person commits the crime of false imprisonment if he knowingly restrains another
25 unlawfully and without consent so as to interfere substantially with their liberty.
26 3. The Federal Rules of Civil Procedure are the rules of the above-entitled court. The rules shall
27 be construed and administered to secure the just, speedy, and inexpensive determination of this
28 action.
29 4. It is the public policy of this state that public agencies
30 exist to aid in the conduct of the people's business....The
31 people of this state do not yield their sovereignty to the
32 agencies which serve them.
33 5. the Legislature finds and declares that the public commissions, boards and councils and the
34 other public agencies in this State exist to aid in the conduct of the people's business.... The
35 people of this State do not yield their sovereignty to the agencies which serve them.
36 6. Laws, whether organic or ordinary, are either written or unwritten.
37 7. A written law is that which is promulgated in writing, and of which a record is in existence.
38 8. The organic law is the Constitution for Government, and is altogether written. The written law
39 of this State is therefore contained in its Constitution, and in the Constitution of the United
40 States.
41 9. Any judicial record may be impeached by evidence of a want of jurisdiction in the Court or
42 judicial officer, of collusion between the parties, or of fraud in the party offering the record, in
43 respect to the proceedings.
44 10. ...at the Revolution, the sovereignty devolved on the
45 people; and they are truly the sovereigns of the country, but
46 they are sovereigns without subjects...with none to govern but
47 themselves [CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L
48 Ed 440, 455 @DALL (1793) pp471-472.J
428 1. That all political power is vested in, and derived from, the people.
429 2. That the people of this state have the inherent, sole, and exclusive right of
430 regulating the internal government and police thereof, and of altering and
431 abolishing their constitution and form of government, whenever it may be
432 necessary to their safety and happiness.
433 3. That the people have the right peaceably to assemble for their common good,
434 and to apply to those vested with the powers of government for redress of
435 grievances, by petition or remonstrance; and that their right to bear arms, in
436 defense of themselves and of the state, cannot be questioned.
437 4. That all men have a natural and indefeasible right to worship Almighty God
438 according to the dictates of their own consciences; that no man can be
439 compelled to erect, support, or attend any place of worship, or to maintain any
440 minister of the gospel, or teacher of religion; that no human authority can
441 control or interfere with the rights of conscience; that no person can ever be
442 hurt, molested, or restrained in his religious profession or sentiments, if he do
443 not disturb others in their religious worship.
444 5. That no person, on account of his religious opinions, can be rendered ineligible
445 to any office of trust or profit under this state; that no preference can ever be
446 given by law to any sect or mode of worship; and that no religious corporation
447 can ever be established in this state.
448 6. That all elections shall be free and equal.
449 7. That courts of justice ought to be open to every person, and certain remedy
450 afforded for every injury to person, property, or character; and that right and
451 justice ought to be administered without sale, denial, or delay; and that no
452 private property ought to be taken or applied to public use without just
453 compensation.
454 8. That the right of trial by jury shall remain inviolate.
455 9. That, in all criminal prosecutions, the accused has the right to be heard by
456 himself and his counsel; to demand the nature and cause of accusation; to have
457 compulsory process for witnesses in his favor; to meet the witnesses against
458 him face to face; and, in prosecutions on presentment or indictment, to a
459 speedy trial by an impartial jury of the vicinage; that the accused cannot be
460 compelled to give evidence against himself, nor be deprived of life, liberty, or
461 property, but by the judgment of his peers or the law of the land.
462 10. That no person, after having been once acquitted by a jury, can, for the same
463 offence, be again put in jeopardy of life or limb, but if, in any criminal
464 prosecution, the jury be divided in opinion at the end of the term, the court
516 a. Powers retained by people as mandated upon the State by the Federal Bill of
517 Rights and Article 4 section 2. This enumeration of rights shall not be construed
518 to impair or deny others retained by the people; and all powers not herein delegated
519 remain with the people.
520
521 THE BILL OF RIGHTS
522 Amendments 1-10 of the Constitution
523 28. PREAMBLE: The Conventions of a number of the States having, at the time of adopting the
524 Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that
525 further declaratory and restrictive clauses should be added, and as extending the ground of
526 public confidence in the Government will best insure the beneficent ends of its institution;
527
528 29. Resolved, by the Senate and House of Representatives of the United States of America, in
529 Congress assembled, two-thirds of both Houses concurring, that the following articles be
530 proposed to the Legislatures of the several States, as amendments to the Constitution of the
531 United States; all or any of which articles, when ratified by three-fourths of the said
532 Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:
533
534 Amendment IV
535 30. The right of the people to be secure in their persons, houses, papers, and effects, against
536 unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon
537 probable cause, supported by oath or affirmation, and particularly describing the place to be
538 searched, and the persons or things to be seized.
539 Amendment V
540 31. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
541 presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or
542 in the militia, when in actual service in time of war or public danger; nor shall any person be
543 subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled
544 in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property,
545 without due process of law; nor shall private property be taken for public use, without just
546 compensation.
547 Amendment VT
548 32. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an
549 impartial jury of the state and district wherein the crime shall have been committed, which
550 district shall have been previously ascertained by law, and to be informed of the nature and
551 cause of the accusation; to be confronted with the witnesses against him; to have compulsory
552 process for obtaining witnesses in his favor, and to have the assistance of counsel for his
553 defense.