Time: Wed Nov 27 08:08:39 1996
Date: Wed, 27 Nov 1996 07:51:49 -0800
To: libertylaw@www.ultimate.org
From: Paul Andrew Mitchell [address in tool bar]
Subject: LLAW: U.S. v. Troescher

=======================================================================
LIBERTY LAW - CROSS THE BAR & MAKE YOUR PLEA - FIRST VIRTUAL COURT, USA
Presiding JOP: Tom Clark, Constable: Robert Happy, Clerk: Kerry Rushing
=======================================================================

>> Ralph,
>> 
>> What say you of the Privileges 
>> and Immunities Clause (4:2:1)?
>> 
>> /s/ Paul Mitchell
>> 
>
>If I might interject, the privileges and immunities clause provides that 
>states may not deny life, liberty or property rights to persons within 
>the state which they secure to citizens of that state. The privileges and 
>immunities clause of Sec. 1 of the 14th Amendment provided the same 
>protection to freedmen (blacks). 

This provision is proof of two classes
of citizens, because otherwise there
would have been no need to repeat
the gurantee.  Of course, the 14th
was never lawfully ratified.  See
Dyett v. Turner.

/s/ Paul Mitchell


>But life, liberty and property are basic rights predating the 
>constitution, and the "privileges" referred to in the phrase "privileges 
>and immunities" should not be confused with government-created "privileges."
>
>--Andrew Lehr

Very good!  

"Congress ... cannot by legislation alter the
Constitution, from which alone it derives
its power to legislate, and within whose
limitations alone that power can be lawfully
exercised."

  Eisner v. Macomber, U.S. Supreme Court

Thus, the term "privileges and immunities"
enjoys constitutional protection, because
it is found in the Organic Constitution
for the United States of America. Congress
can do nothing to alter this phrase.  The
privileges which Congress creates are not
embraced by it.


>
>> 
>> 
>> >>Here is the Case referenced in the Troescher Decision...I love how these
>> >>idiots claim a Right secured by the 5th Amendment is a Privilege!!!!!!!
They
>> >>are going to declare and rename the Bill of Rights to the Bill of
>> >>Privileges!!!  What is wrong with this picture??!!
>> ><snip>
>> >
>> >
>> >>>
>> >>>Opinion by Judge Reinhardt
>> >>>
>> >>>OPINION
>> >>>
>> >>>REINHARDT, Circuit Judge:
>> >>>I.
>> >>>
>> >>>The general standard for a valid assertion of the Fifth
>> >>>Amendment privilege against self-incrimination is well established.
>> >
>> >You are right on target.  For the folks that have civil rights, they only
>> >can have privileges "like" the folks with unalienable rights.  This is
>> >stated in the 14th amendment and in the civil rights that was displayed in
>> >the Revised Statutes in 1873.
>> >
>> >Also the Judge telleth the truth.  It is only a privilege and not a right
>> >for the parties to whom this decision is pointed.
>> >
>> >Case in Point:  There will never be any wins other than crumbs tossed to
>> >the lower peasants.  You CAN NEVER WIN WITH A PRIVILEGE!!!!!
>> >
>> >I congradulate the fictional "judge" for telling the truth.  If only we
>> >would get it.
>> >
>> >the best
>> >
>> >Ralph Kermit, Winterrowd
>> >citizen of the United States nunc pro tunc
>> >Citizen of the State of Kansas (equal footing with the original States)
>> >domiciled in the Territory of Alaska
>> >Born of natural born parents of the Posterity
>> >Sovereign State in Fact
>> >
>> >If ye love wealth better than liberty, the tranquility of servitude better
>> >than the animating contest of freedom, go home from us in peace. We ask not
>> >your counsels or arms. Crouch down and lick the hands which feed you. May
>> >your chains set lightly upon you, and may posterity forget ye were our
>> >countrymen.
>> >                Samuel Adams
>> >
>> >Is life so dear or peace so sweet as to be purchased at the price of chains
>> >and slavery?  Forbid it, Almighty God!  I know not what course others may
>> >take, but as for me, give me liberty, or give me death.
>> >        Patrick Henry:  Speech in the Virginia Convention, March 23,1775
>> >
>> >My Homepage is:  http://www.alaska.net/~winter/jefferson.html
>> >
>> >
>> >
>> 
>> ====================================================================
>> [Text is usually formatted in Courier 11 non-proportional spacing @]
>> [65-characters per line; .DOCs by MS-WORD for MS-DOS, Version 5.0B.]
>> Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com      
>> ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win]
>> We can decode all your byte streams, spaghetti code notwithstanding.
>> Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan
>> ====================================================================
>> 
>> 
>
>

====================================================================
[Text is usually formatted in Courier 11 non-proportional spacing @]
[65-characters per line; .DOCs by MS-WORD for MS-DOS, Version 5.0B.]
Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com      
ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win]
We can decode all your byte streams, spaghetti code notwithstanding.
Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan
====================================================================

      

Return to Table of Contents for

Supreme Law School:   E-mail