Time: Sun Nov 09 00:25:39 1997
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Date: Sun, 09 Nov 1997 00:21:56 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLF: 6th Amendment Challenge (fwd)

<snip>
>
>To: pmitch@primenet.com
>Date: Sat, 8 Nov 1997 17:26:47 -0700
>Subject: Re: SLF: 6th Amendment Challenge (fwd)
>From: butchaz@juno.com (Alfred R Martin)
>
>The argumet that "there is no remedy at law" is no longer applicable
>because under the Bill of Rights, there is a remedy at Law for every
>problem when the parties cannot arrive at a mutually satisfactory
>agreement. That remedy is a jury trial at which the burden of proof is on
>the accuser and the evidence and testitony must overcome a presumption of
>innocence or non-liability of the person charged.
>
>Article III of the main body of the Constitution provides that "The
>judicial Power shall extend to all Cases, in Law and Equity, arising
>under this Constitution...", but that is because it wasn't until after
>the Bill of Rights was adopted that Equity courts became obsolete.
>
>The Bill of Rights was adopted and ratified. At that point in time all
>individual rights were clearly spelled out, guaranteed and cast in
>concrete. The individual is now supreme. His/her rights are unlimited! On
>earth, the individual is accountable only to a jury of his peers; then
>only if he becomes a clear, provable threat to the life, liberty or
>property of others.
>
>A vital consideration in any study of equity vs. common law is that the
>lawyers believe that common law is that "law" which is brought about
>through court decisions made since the adoption of the Bill of Rights,
>while freedom fighters KNOW that the common law is spelled out and cast
>in concrete in the Bill of Rights, and connot be changed by judges (see
>Article I, Section 1, first sentence of the U.S. Constitution). [Court
>decisions are not law].
>
>To the lawyers, common law is another term for "case law" or
>"Precedence", ie. Administrative law, the Commercial Code, Zoning laws,
>Planning Laws, judicial decisions, Building Codes, many provisions of the
>U.S. Code, etc...are all forms of EQUITY and not law at all. They can
>have the effect of law if not challenged, byt such a result is fraudulent
>unless all parties agree in advance, knowingly and by choice, to be
>subject to them.
>
>Under Constitutional  Common Law (the Bill of Rights), adhesion contracts
>are invalid and unenforceable.
>
>Under the Bill of Rights, equity is not law.  Again, equity is mentioned
>in Article III 
>Section 2 of the main body of the Constitution, but the Bill of Rights
>made equity obsolete and optional, a fantastic improvement in the affairs
>of the United States, and of all mankind, if applied by a majority of
>persons of good will.
>
>I call THEIR system "equity" because that is actually what they operate
>under. They call it "case law" or "precedents".  The most important
>feature is that the law is what the judge says it is, rather than what is
>mandated in the Constitution or in valid laws enacted thereunder. What
>the lawyers and law schools have closed their minds to, is that since
>ratification of the Bill of Rights,  NO CASE CAN BE TRIED AT EQUITY
>unless ALL parties concerned agree to it, knowingly and willingly.
>
>

===========================================================================
Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email:   [address in tool bar]       : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com       : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best 06
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_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice.  We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
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