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Date: Mon, 05 May 1997 20:08:54 -0700
To: snetnews@world.std.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: SNET: Upcoming Karl Granse Seminar
-> SearchNet's SNETNEWS Mailing List
Objection. The legislative intent of
the FOIA was NOT to create subjects
out of People who were not subjects
to begin with. The court of original
jurisdiction to compel production of
documents requested under the FOIA is
the Article III District Court of the
United States, which has original
jurisdiction over all matters which
arise under the Constitution, laws,
and treaties of the United States.
See the Supremacy Clause. It has
nothing to do with the so-called 14th
amendment, martial law, martial rule,
or what have you.
Read the cases!
The Ashwander Doctrine is quite simple,
in that you cannot invoke a statute against
the United States (federal government)
which you also argue is unconstitutional.
This is really just a re-statement of the
principle that unconstitutionality dates
from enactment, not from the decision so
branding it.
/s/ Paul Mitchell
At 05:10 PM 5/5/97 -0700, you wrote:
>
>-> SearchNet's SNETNEWS Mailing List
>
>Randy Geiszler here:
>
>My comments at the end of this post are marked by my name.
>
>At 08:34 PM 5/4/97 -0500, Tony Sgarlatti wrote:
>>Citizens For A Constitutional Republic is holding the
>>following:
>>
>>Law Seminar 104
>>"Administrative Law, Jurisdiction, & Due Process"
>>by Professor Karl G. Granse
>>
>>What is the Administrative Procedural Act, and how does it affect
>>your rights when the Government claims you are under the jurisdiction
>>of one of their agencies. If you think about the subject of
>>jurisdiction, you so realize that 95% of the time it is a government
>>agency, that claims that you must perform certain acts under the law.
>>Those acts are such as making application for a license, permit,
>>certificate, bond, or number. If you are not familiar with the
>>Administrative procedural Act (APA), and you do not respond correctly,
>>and on time, you lose your rights.
>>
>>In combination with the APA is also the Freedom of Information Act
>>(FOIA) which allows you to gain information directly from the agency
>>such as their in-house procedures, records, regulations, and
>>legislative documents. Armed with the APA and FOIA, one can make a
>>government agency, that acts like a monster, into a lamb. All
>>agencies are governed by statutory law, regulations, and procedures
>>which must be strictly followed by the imposing agency. If they do
>>not follow the controlling law, the agency looses power (jurisdiction)
>>over you or your property. There are five types of jurisdiction which
>>an agency may have over you, and you will learn to identify all five.
>>Administrative hearings should always be sought, learn how to get
>>them. Is there life after the administrative hearing? Yes, and
>>find out what kind. Do these APA procedures apply to both State
>>and Federal proceedings, and find out the difference. Would you
>>like to go to Court without having to be there is person? You can
>>with the APA.
>>
>>What is a do nove, and de novo under the APA, and what can the Court
>>do for you? How do you get around the governments claim of
>>sovereign immunity? We will show you some of the ways. Federal
>>Courts, and Federal Agencies are governmental entities with limited
>>jurisdiction. Learn how to challenge that jurisdiction. The most
>>inexpensive defense is made at the administrative level. Courts
>>cost 10 times more. Learn how to settle your case at the APA level.
>>Did you know that what you don't argue at the APA level, you
>>cannot argue in Court?
>>
>>Learn how to get the most out of the guys that say you owe an
>>Income Tax, or any kind of tax. Learn the ways to stop them
>>by taking this course. The IRS must follow their statutory
>>procedures. Do you know what they are? Learn how to destroy
>>their unlawful operation. We will also have a special session
>>on how to use the law doctrines of disparity, unequal treatment,
>>discrimination, selective prosecution and unequal taxation.
>>These doctrines are rarely used because few attorneys understand
>>how to apply them. They are quite simple.
>>
>>Remember, your ignorance of the law, is the governments excuse
>>to take everything you have. Don't let them do it. Learn the
>>APA law.
>>
>>Price: $110.00 "R.S.V.P is a must" Call: Jonathan (612) 539-2342
>>
>>When: Saturday and Sunday - May 10th and 11th
>>
>>Time: Registration 9:00 AM - Seminar goes from 10:00 AM - 6:00 PM
>>
>>Where: Best Western Drover's Inn, 701 S. Concord St., St. Paul,
>> Minnesota 55075 (612) 455-3600, Northeast Corner of 494 &
>> Concord St.
>>
>>
>Randy Lee Geiszler,
>
>Least anyone who wishes to challenge the venue and jurisdiction of a
>government be taken in by the use of the APA or FOIA, let me point out
>some important elements in the dissenting opinion in Ashwander v. T.V.A.
>
>"The Court will not pass upon the constitutionality of a statute at the
>instance of one who has availed himself of the benefits. [cites omitted]"
>Ashwander v. T.V.A., 260 U.S. 469.
>
>If you intend to contest the statutory authority of an agency over your
>rights the APA and FOIA are counter productive benefits that will interfere
>with you ability to contest the constitutionality of the statutes providing
>the authority.
>The APA and FOIA are, by design, intended for use within an agency having
>jurisdiction of the subject matter and the person who submits to that
>characterization by using the APA. In other words, the jurisdiction of the
>agency is admitted by an application for administrative hearing before it,
>or before some other administrative tribunal, in affect pleading no contest
>to the agencies jurisdiction over the person. If on partakes of the
>benefits of the administrative agency or tribunal, or contests agency
>action internally by use of the APA he will have no standing to complain of
>a want of constitutionality of the statutes providing for the
>administrative agency's exercise of jurisdiction under regulation of the
>APA. If one intents to contest the venue and personal jurisdiction of an
>agency, the attack must mounted externally or collaterally, in order to
>maintain the integrity of the challenge. This would, of course, include an
>attack upon any pretense of authority to make any decision under the APA or
>any other regulation related to the agency, intended to affect the rights
>of the party contesting its jurisdiction. Look up the point cited from
>Ashwander above, and the related cases and you will understand what I mean.
> Also look of the rest of the cases cited in Ashwander in the several rules
>set out before and after the one above quoted for a better understanding of
>how the Supreme court avoids constitutional questions based upon
>contradictory conduct of the party suing.
>
>
> Randy Lee Geiszler
> BEHOLD! Newsletter
> Fourth Judicial District
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>
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>
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