Time: Fri Mar 07 14:20:46 1997
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Fri, 7 Mar 1997 06:18:54 -0700 (MST)
Date: Fri, 07 Mar 1997 14:18:45 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: 14th amendment is dead
References: <3.0.1.16.19970306125042.374f3700@mailhost.primenet.com>
Doug,
Good question. One answer lies in two
human rights treaties, which give the
"localities" standing to enforce treaties,
if and when the United States (federal
government) fails to obey its obligations
under those treaties.
One such obligation is to guarantee
effective judicial remedies, notwithstanding
that the violations were committed by persons
acting in their official capacities. The
deprivation of due process of law is thus
actionable in localities, e.g. state courts,
county courts, city courts, etc.
/s/ Paul Mitchell
At 06:46 AM 3/6/97 -0800, you wrote:
>Paul,
>
>If they take the guy seriously on the following, his life
>won't be worth a "plug nickel." If the Justices take
>the matter seriously, they still have no fear for no-action
>on their part. Who is going to enforce them to do their jobs?
>
>------
>Doug
>
>
>
>
>
>
>Paul Andrew Mitchell wrote:
>>
>> [This text is formatted in Courier 11, non-proportional spacing.]
>>
>> Registered U.S. Mail #R 756 488 761
>> Return Receipt Requested
>> c/o USPS P.O. Box ####
>> San Rafael
>> California Republic
>> zip code exempt (DMM 122.32)
>>
>> December 29, 1993
>>
>> Hon. William H. Rehnquist, Chief Justice
>> Hon. Harry A. Blackmun, Associate Justice
>> Hon. John Paul Stevens, Associate Justice
>> Hon. Sandra Day O'Connor, Associate Justice
>> Hon. Antonin Scalia, Associate Justice
>> Hon. Anthony M. Kennedy, Associate Justice
>> Hon. David H. Souter, Associate Justice
>> Hon. Clarence Thomas, Associate Justice
>> Hon. Ruth Bader Ginsburg, Associate Justice
>> Supreme Court of the United States
>> One First Street, Northeast
>> Washington, District of Columbia
>>
>> Subject: NOTICE AND DEMAND TO CEASE AND DESIST
>>
>> Dear Honorable Justices:
>>
>> Notice is hereby formally served upon you, both jointly
>> and severally, that conclusive evidence now available to Me
>> proves that the so-called 14th amendment to the Constitution for
>> the United States of America was never properly approved and
>> adopted. I am under a legal and moral obligation to intervene on
>> behalf of the many millions of Americans whose status has been
>> unlawfully subsumed under federal jurisdiction, because this was
>> done without either their knowledge or their informed consent.
>>
>> As required by Title 28, United States Code, Section 453
>> (Oaths of justices and judges), you have solemnly sworn (or
>> affirmed) that you would administer justice without respect to
>> persons, and faithfully and impartially discharge and perform all
>> duties incumbent upon you as Justices of the U. S. Supreme Court
>> under the Constitution and laws of the United States, so help you
>> God (see revision at 104 Stat. 5124).
>>
>> Please take formal notice that it is quite simply impossible
>> for you, or for any other public officials anywhere in America,
>> to perform your solemn duties under this oath (or affirmation),
>> if the weight of material evidence should prove that the exact
>> provisions of that Constitution are still in doubt. Your oath
>> (or affirmation) is a binding contract which I hereby seek to
>> enforce, according to the dictates of My conscience, My Creator,
>> and the supreme Law of the Land, as lawfully amended.
>>
>> Pursuant to the Guarantee Clause (4:4) and to the opinion of
>> the California Court of Appeal in Steiner v. Darby et al., 88
>> Cal.App.2d 481, 199 P.2d 429 (1948: the year of My birth as a
>> Sovereign natural born Free Citizen of one of the United States),
>> it is not only My Right, but also My Duty, to inform you that the
>> weight of material and historical evidence proves that the
>> so-called 14th amendment is not now, nor has it ever been, a
>> lawful provision in the Constitution for the United States of
>> America. This proposed amendment failed to be ratified in
>> accordance with the requirements of Article 5 of the
>> Constitution. At the very least, the evidence which I now lay
>> before you consists of the following public records and other
>> documents:
>>
>> State v. Phillips, 540 P.2d. 936, 941 (1975)
>> Dyett v. Turner, 439 P.2d 266, 270 (1968)
>> 28 Tulane Law Review 22
>> 11 South Carolina Law Quarterly 484
>> House Congressional Record, June 13, 1967, p. 15641 et seq.
>>
>> Because the available evidence indicates to Me that all
>> Federal and State judicial officers, without exception, have
>> taken solemn oaths (or affirmations) which disagree with the
>> Constitution for the United States of America as lawfully
>> amended, I am now left entirely without any unbiased judicial
>> forum in which to seek review and declaratory relief in the
>> matter of the following federal questions:
>>
>> (1) The constitutional qualifications for election to the
>> offices of President, Senator, and Representative retain the
>> meaning they had when the Constitution was first drafted
>> (see Dred Scott v. Sandford, 19 How. 393-633 (1856)).
>>
>> (2) There is still no constitutional authority for the status of
>> a "citizen of the United States", unlike the proper status
>> of a "Citizen of one of the States United" (see 1:2:2,
>> 1:3:3, 2:1:5, and People v. De La Guerra, 40 Cal. 311
>> (1870): the term "United States" here means "States united";
>> see also Hooven & Allison v. Evatt, 324 U.S. 652 (1945)).
>>
>> (3) There is still no constitutional provision prohibiting
>> anyone from questioning the validity of the public debt, and
>> freedom of speech is still guaranteed by the Bill of Rights.
>>
>> (4) All provisions in Federal law are necessarily null and void,
>> to the extent that they make reference, either implicitly or
>> explicitly, to any section(s) of the failed 14th amendment.
>>
>> (5) All provisions in State constitutions and statutes are
>> likewise null and void, to the extent that they make
>> reference to any section(s) of the failed 14th amendment
>> (e.g. see the attached letter to the California State Lands
>> Commission, to which all recipients fell silent).
>>
>> DEMAND TO CEASE AND DESIST
>>
>> Therefore, by virtue of the superior authority which is
>> vested in Me by My Creator, as a direct consequence of My natural
>> birth as a qualified member of the Sovereign People, "by whom and
>> for whom all government exists and acts" (see Yick Wo v. Hopkins,
>> 118 U.S. 356, 370 (1886)), and on behalf of each and every member
>> of the Sovereignty known and lawfully identified as "We, the
>> People of the United States" of America (see Preamble), I hereby
>> demand and do hereby order you to Cease and Desist from any and
>> all of the following official acts on your part:
>>
>> (1) any and all official oaths or affirmations which are
>> predicated in any way on the lawful ratification of the
>> so-called 14th amendment;
>>
>> (2) any and all judicial decisions or determinations which are
>> predicated in any way on the lawful ratification of the
>> so-called 14th amendment, including but not limited to:
>>
>> (a) decisions or determinations which construe in any way
>> the rights, responsibilities, privileges, immunities,
>> and liabilities of "citizens of the United States" as
>> that term is used in any and all Acts of Congress and
>> administrative rules and regulations promulgated by any
>> employees of the Executive Branch of the Federal
>> government (e.g. 26 C.F.R. 1.1-1(c));
>>
>> (b) decisions or determinations which attempt in any way to
>> enforce the administration of the individual income tax
>> provisions of the Internal Revenue Code upon the People
>> of the 50 Union States, or upon their private property
>> (see Treasury Decision 2313 and Brushaber's pleadings);
>>
>> (c) decisions or determinations which uphold in any way the
>> validity of the public debt of the Federal and State
>> governments, acting in whatever capacity and through
>> whatever agency, lawfully delegated or not (see 1:6:2);
>>
>> (d) decisions or determinations which recognize in any way
>> the lawful existence of a "State within a state", with
>> particular reference to the political body defined by
>> the population of "citizens of the United States" who
>> may inhabit the 50 Union States at any given moment,
>> however those terms may be defined (see 4:3:1 and the
>> case law interpreting the Buck Act, 4 U.S.C. 105-113).
>>
>> Until such time as you demonstrate officially that each and
>> every one of you has executed a solemn oath which agrees with the
>> Constitution for the United States of America as lawfully
>> amended, I will take the absence of such an oath to mean that you
>> are jointly and severally biased in your understanding of
>> the Constitution and that you are, therefore, unqualified to rule
>> on these matters and hereby recused from doing so.
>>
>> The burden of proof is now upon you to authenticate the
>> Constitution which you agree to uphold, now and at all times in
>> the future, using established principles of Law and the published
>> rules of evidence.
>>
>> I realize that this NOTICE AND DEMAND TO CEASE AND DESIST
>> may constitute an historically unprecedented act on My part, as
>> an individual California Citizen who enjoys neither elected nor
>> appointed authority of any kind at this moment in time.
>> Nevertheless, this act is necessitated by the fact that there is
>> presently not one single judge, magistrate, or commissioner
>> anywhere in America whose oath of office is not colored by faulty
>> (non-existent) provisions in the federal Constitution which they
>> are sworn to uphold.
>>
>> I realize also that this Notice and Demand must be general
>> in nature and in substance, because of the far-reaching
>> consequences which issue from the facts and Law which impugn
>> federal "adoption" of the so-called 14th amendment. It is not My
>> purpose here to anticipate, nor to delineate, each and every such
>> consequence. Better minds than I should hesitate to assume such
>> a weighty task by themselves.
>>
>> Therefore, for the time being, I will leave it to you, and
>> to the capable expertise on your respective staffs, to find and
>> recommend the course of action which will best execute this
>> Demand with maximum justice, liberty, and domestic tranquility.
>> These are, after all, the stated goals of our chosen form of
>> government in the United States of America (see Preamble).
>>
>> Furthermore, I do explicitly reserve My unalienable Right to
>> take whatever steps I deem necessary and proper to correct, at
>> any time, a government which has now drifted so far off course,
>> it hardly resembles the constitutional Republic it was designed
>> to be (see also Declaration of Independence (1776)).
>>
>> Thank you very much for your attention, and for your
>> consideration.
>>
>> Respectfully submitted,
>>
>> /s/ John E. Trumane, Sui Juris
>>
>> California Citizen, on behalf of the
>> People of the United States of America
>>
>> All Rights Reserved AT LAW
>>
>> NOTICE TO PRINCIPALS IS NOTICE TO AGENTS.
>> NOTICE TO AGENTS IS NOTICE TO PRINCIPALS.
>>
>> copies: Marin County Grand Jury, San Rafael
>> Bill Clinton, President
>> Pete Wilson, Governor of California
>> Barbara Boxer, U.S. Senator
>> Dianne Feinstein, U.S. Senator
>> Lynn Woolsey, U.S. Representative
>> Janet Reno, Attorney General
>> Drew S. Days, III, Solicitor General
>> William K. Suter, Supreme Court Clerk
>> Frank D. Wagner, Reporter of Decisions
>> Alfred Wong, Marshal
>> Shelley L. Dowling, Librarian
>>
>> attachment: letter to California State Lands Commission
>>
>> enclosures
>> (under separate cover to Librarian supra):
>>
>> The Federal Zone, hard-copy second edition
>> The Federal Zone, electronic fourth edition
>> Chapter 11, from upcoming fifth edition
>>
>> California All-Purpose Acknowledgement
>>
>> CALIFORNIA STATE/REPUBLIC )
>> )
>> COUNTY OF MARIN )
>>
>> On this twenty-ninth (29th) day of December, 1993, Anno
>> Domini, before Me personally appeared John E. Trumane, personally
>> known to Me (or proved to Me on the basis of satisfactory
>> evidence) to be the Person whose name is subscribed to the within
>> instrument and acknowledged to Me that he executed the same in
>> His authorized capacity, and that by His signature on this
>> instrument the Person, or the entity upon behalf of which the
>> Person acted, executed the instrument. Purpose of Notary Public
>> is for identification only, and not for entrance into any foreign
>> jurisdiction.
>>
>> WITNESS My hand and official seal.
>>
>> /s/ Notary Public
>> _____________________________________
>> Notary Public
>>
>> C E R T I F I C A T E O F S E R V I C E B Y M A I L
>>
>> It is hereby certified that service of this LETTER has been
>> made on interested parties by mailing one copy thereof, on this
>> twenty-ninth (29th) day of December, 1993, in a sealed envelope
>> with postage prepaid, properly addressed to them as follows:
>>
>> Registered U.S. Mail #R 756 488 761
>> Return Receipt Requested of:
>>
>> Hon. William H. Rehnquist, Chief Justice
>> Supreme Court of the United States
>> One First Street, Northeast
>> Washington, District of Columbia
>>
>> Copies via first class U.S. mail to:
>>
>> Hon. Harry A. Blackmun, Associate Justice
>> Hon. John Paul Stevens, Associate Justice
>> Hon. Sandra Day O'Connor, Associate Justice
>> Hon. Antonin Scalia, Associate Justice
>> Hon. Anthony M. Kennedy, Associate Justice
>> Hon. David H. Souter, Associate Justice
>> Hon. Clarence Thomas, Associate Justice
>> Hon. Ruth Bader Ginsburg, Associate Justice
>> Supreme Court of the United States
>> One First Street, Northeast
>> Washington, District of Columbia
>>
>> Dated: December 29, 1993
>>
>> /s/ John E. Trumane
>> _________________________________________________________________
>> John E. Trumane, Citizen/Principal, by Special Appearance, in
>> Propria Persona, proceeding Sui Juris, with Assistance, Special,
>> "Without Prejudice" to any of My unalienable Rights.
>>
>> # # #
>>
>> ========================================================================
>> Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
>> email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
>> web site: http://www.supremelaw.com : library & law school registration
>> ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
>> Tucson, Arizona state : state zone, not the federal zone
>> Postal Zone 85719/tdc : USPS delays first class w/o this
>> ========================================================================
>
>
>
========================================================================
Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
web site: http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
========================================================================
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