My Unlawful Arrest (Again) and Incarceration (Again)
Another Story of Rights and Oaths Betrayed by Those Who Swear to Uphold Them
So the story continues. But if you haven't seen where it began, check out these articles first.
Law in the United States of America Series - Right to Travel Part 1
So, if we are all caught up, the story continues.
I was peaceably traveling with my family when a road pirate decided to accost me again. Rather than going through the whole ordeal, I'll just say that he had no probable cause (RAS or SAF) of a crime, no valid warrant signed by a valid judge, and no affidavit signed by an injured party. He said that “speeding” had occurred, which is not recognized as a crime anywhere in the Law of the Land. It is only recognized under unconstitutional state and local ordinances and rules. As I elaborated upon in…
… any laws or rules or statues or rulings that are repugnant/contrary to the Constitution of the United States of America, they are null and void on their face and may be ignored. MARBURY V MADISON (HERE) (HERE)
Marbury v Madison Excerpt:
133
That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion; nor can it nor ought it to be frequently repeated. The principles, therefore, so established are deemed fundamental. And as the authority, from which they proceed, is supreme, and can seldom act, they are designed to be permanent.
134
This original and supreme will organizes the government, and assigns to different departments their respective powers. It may either stop here; or establish certain limits not to be transcended by those departments.
135
The government of the United States is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing; if these limits may, at any time, be passed by those intended to be restrained? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.
136
Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.
137
If the former part of the alternative be true, then a legislative act contrary to the constitution is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable.
138
Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the constitution is void.
139
This theory is essentially attached to a written constitution, and is consequently to be considered by this court as one of the fundamental principles of our society. It is not therefore to be lost sight of in the further consideration of this subject.
140
If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration.
141
It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
142
So if a law be in opposition to the constitution: if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law: the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
143
If then the courts are to regard the constitution; and he constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.
144
Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law.
145
This doctrine would subvert the very foundation of all written constitutions. It would declare that an act, which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare, that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence with the same breath which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring that those limits may be passed at pleasure.
146
That it thus reduces to nothing what we have deemed the greatest improvement on political institutions—a written constitution, would of itself be sufficient, in America where written constitutions have been viewed with so much reverence, for rejecting the construction. But the peculiar expressions of the constitution of the United States furnish additional arguments in favour of its rejection.
147
The judicial power of the United States is extended to all cases arising under the constitution.
148
Could it be the intention of those who gave this power, to say that, in using it, the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises?
149
This is too extravagant to be maintained
At no time may a court of the United States of America refuse to abide by the Constitution or their duty to secure and defend the Rights of We the People. When they do (99.999999999% of the time), the rulings and actions they take are outside of the law (called acting under Color of Law) and they lose their immunities from being prosecuted and sued as individual living men. The Law makes no distinction of a Crime committed by a judge or a cop and We the People, except that those who are public servants face higher penalties for their crimes, as they swore oaths to protect and serve the people.
The Truth is of no consequence in courts and amongst the police though. They commit crimes many times daily against We the People. They extort and steal, they murder and trespass, they rape and torture. They falsely imprison We the People for “offenses” which have nothing to do with we the People. And they laugh about all of it, because they can. They are getting away with treason, literally.
When I was placed in the Delta County Jail as I related in the post mentioned above, they gave me a ransom amount for my freedom (bail) set at $1000 Federal Reserve Notes. They refused my admonitions and my claims that their actions were unjust, unfounded and unconstitutional. They brushed off my Rights and my demand for Liberation. This round, when they violated my body and being, throwing me against my will into a small box, the ransom was increased to $2000 FRN before they would unbind me.
The 8th Amendment to the Constitution guarantees that I will not be required to give a ransom, nor fined, nor punished beyond the reasonable need to protect We the People. So far $3000 FRN in ransom has been extracted from me, which is 1/10th to 1/20th the annual average income in the USA. All because of “speeding”, a broken taillight, and because I refused to participate in their courts which were violating my God/nature given, Constitutionally affirmed, inherant and protected Rights.
We do absolutely have a Right to Travel on public highways and byways in the transport of the day, as has been recognized by the Supreme Court time and again, and also by lower courts. We have a Right to Bear Arms, of any size, type, nature and power, as affirmed by the 2nd Amendment of the Constitution of this land, which limits not the People, but the government, from interfering with the People. We have a Absolute Right to be secure in our persons, papers and possessions from unwarranted searches and seizures. We have innumerable Rights, which are affirmed by the 9th Amendment…
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
At no time has the government been granted, nor could it be granted, by We the People the authority to tax our income, to steal our firearms and other property, or to limit our locomotion.
When We the People allow false government actions to impose upon our Rights, we deny ourselves of the exercise of those Rights at that time. The moment We the People refuse to allow the government to encroach upon our Freedoms and Liberty, we restrict it to the boundaries set by the Constitution. We may restrict it further by abolishing that government. The Supreme Law of the Land stands above and Superior to any legislative act or local ordinance or rule. If your Freedoms and Liberty are being inhibited by police and sheriffs and other enforcers of government, you have the full authority to ignore those agents and continue living your life as you see fit.
In this country today, that is easier said than done. Prisons are filled to the brim with innocent people, who have never committed a crime, but whom violated or offended unconstitutional governments full of hubris and hate.
Below is the Judge, the Sheriff and the DA who have committed Treason by acting outside of the Constitution and their Oaths by violating my Rights. These oathbreakers extort We the People on a regular basis on the highways and byways of the commons, in the Peoples Courtrooms, and even in the privacy of the Peoples homes.
When will it be time to remove hesitation and cowardice from our lives and our society and demand what is Righteous and Just of ourselves and our public servants? When will these miniature tyrants be revealed and removed from their false authority? When will enough be enough?
Mark Taylor
Sheriff
Physical Address
211 W. 6th Street
Delta, CO 81416
Mailing Address
PO Box 172
Delta, CO 81416
Phone: 970-874-2000
Fax: 970-874-2027
Seth Ryan
Physical Location
Delta County
501 Palmer Street #112
Delta, CO 81416
Mailing Address
Office of the District Attorney
501 Palmer Street #112
Delta, CO 81416-1725
Contact Us
(970) 874-2085
mail@co7da.org
Here's a funny article about a lack of Prosecutors to fuck over innocent people, posted on Colorado DA website.
More on this coming soon.
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cops and judges and most all public servants are the True “sovereign citizens”… by THEIR own definition of: dangerous U.S.Citizens who believe, and act as if, they are above the Law!