Time: Sun May 11 12:25:50 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id KAA05467; Sun, 11 May 1997 10:42:26 -0700 (MST) by usr08.primenet.com (8.8.5/8.8.5) with SMTP id KAA17033; Sun, 11 May 1997 10:38:25 -0700 (MST) Date: Sun, 11 May 1997 12:24:49 -0700 To: "Watts, William (HT-MS)" <wwatts@gic.gi.com> From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Voter Registration Denied - Help for Appeal? (fwd) SUPPLEMENTAL OBJECTION TO ORDER: Tenth Amendment; Article I, Section 2, Clause 1; Privacy Act; Ninth Amendment COMES NOW Petitioner, Brad L. Branhill, Citizen of Virginia state, expressly not a citizen of the United States ("federal citizen"), to object to this Court's ORDER dated [mm/dd/yy], and to request timely reconsideration of same, for all of the following reasons: 1. Federal citizens are members of a political association which owes allegiance to the municipal jurisdiction of Congress. See 1:8:17 and 4:3:2. See 1866 Civil Rights Act; Dyett v. Turner, 439 P.2d 266, 270 (1968). 2. The Constitution for the United States of America (hereinafter "U.S. Constitution"), as such, does not extend beyond the limits of the states which are united by and under it. See Downes v. Bidwell. The guarantees of the U.S. Constitution extend to the federal zone only as Congress makes those guarantees applicable, by statutes. See Hooven & Allison v. Evatt, 324 U.S. 652 (1945). 3. Americans who elect to enjoy the political rights of both state and federal citizens, are subject to the rules and regulations which apply to federal citizens. Confer at "Right/Constitutional Rights/Political rights" in Black's Law Dictionary, Sixth Edition. 4. Only those Americans who are Citizens of one of the several states, and who are not also federal citizens, have clear and unclouded standing to enforce the fundamental guarantees of the U.S. Constitution, and of the Virginia state Constitution, against state and federal government employees, regardless of branch. See Gardina v. Board of Registrars, 160 Ala. 155, 48 S. 788, 791 (1909). 5. The right to vote in general elections is a fundamental Right. See Fort v. Civil Service Commission of County of Alameda, 392 P.2d 385 (1964). As such, it is an unalienable Right (read "un-lien-able"). 6. The Tenth Amendment reserves to Citizens of the several states all fundamental Rights guaranteed by the state and federal constitutions, whether they are enumerated or not enumerated. See also Ninth Amendment. 7. Privacy is a fundamental Right and, even if Petitioner did have a valid Social Security Number ("SSN"), the Commonwealth of Virginia is prohibited from infringing upon Petitioner's fundamental Right to Privacy. See the Privacy Act, 5 U.S.C. 552a et seq. Petitioner does not have a valid SSN, however. CONCLUSION Respondents are prohibited from infringing upon Petitioner's fundamental Rights to vote, and to privacy. Even if Petitioner had a valid SSN, Responents are prohibited from making disclosure of said SSN a condition to exercising Petitioner's fundamental Right to vote. Petitioner has no valid SSN, and cannot be prevented from voting solely for this reason. # # # At 01:07 PM 5/11/97 -0700, you wrote: > >Hi Brad, > >Check out the following forward. > >Bill Watts >http://www.nothinbut.net/~wwatts/ > > -- > >The jury has a right to judge both the >law as well as the fact in controversy. > >John Jay, first Chief Justice, U.S. >Supreme Court, in Georgia v. Brailsford, >1794:4 > >To consider the judges as the >ultimate arbiters of all constitutional >questions is a very dangerous >doctrine indeed, and one which >would place us under the despotism >of an oligarchy. - Thomas Jefferson > >If we can prevent the government from >wasting the labors of the people under >the pretense of caring for them, the >people will be happy. - Thomas Jefferson > >The Libertarian Party: > >http://www.lp.org/lp/ > > > ---------- > >From: DRITUS >To: wwatts; anderson; ASamaritan; BILLJULIAN; dcinege; frdmftr; joalaska; >JOND-TENNESSEE; jreich2; lfischer; novatech >Subject: Re: FW: Voter Registration Denied - Help for Appeal? >Date: Sunday, May 11, 1997 12:39PM > >Brad, > >See GREIDINGER v. DAVIS >988 F.2d 1344 (1993) >provided by N.O.N.E. >http://www.ime.net/none/vote.html > >This case will help your cause. > >"The Constitution of Virginia requires all citizens otherwise qualified to >vote and possessing a Social Security number (SSN) to provide their SSN on >their Virginia Voter Registration Application in order to become registered >to vote. Va. Const. Art. II, section 2. If an individual otherwise qualified >to vote does not possess an SSN, a "dummy" number will be provided. The >scheme also provides that any registered voter may inspect the voter >registration books in the Office of the General Registrar." > > ---------- >From: Brad Barnhill >To: 72723.1303; ace; am-her; amiles; bill; chiro; chris; DartMan901; DAZPAL; >db1; djf; dmchan; eaglseye; ghawkins; grier; grscott; investec; IseMann; >jkassis; Lohan; js1858; MaritzaL; Menasche; panther; shanentr; scratch; >sunni_snake; wwatts; pmitch >Subject: Voter Registration Denied - Help for Appeal? >Date: Saturday, May 10, 1997 12:21AM > >My Appeal of Denial of Virginia Voter Registration was denied. I will >receive the order from the Commonwealth's Attorney next Monday. I am working >on my Objection to the Order. The next stop is an appeal to the Virginia >state supreme Court. > >Anyone want to help? > >VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF CHARLOTTESVILLE > >IN RE: BRAD L. BARNHILL, Petitioner > >OBJECTION TO ORDER >DENYING VOTER REGISTRATION >IN THE MATTER 97-57 > >COMES NOW Brad L. Barnhill, state Citizen of the republic know as the >Virginia commonwealth. Petitioner objects to the ORDER to deny his voter >registration. > >1. In its Letter to Petitioner, the State purports that Petitioner cannot >voluntarily revoke a social security number. The State has failed to >produce any proof of this assertion. > >2. Petitioner has produced evidence that for adult Citizens, participation >in >social security is completely voluntary. This evidence was not disputed by >the State. > >3. Petitioner has not knowingly, willingly or intentionally applied for a >social security number. This fact was not disputed by the State. > >4. There being no law which would prevent Petitioner from revoking the >application for the social security number made in his name and without his >consent, Petitioner is within his right to do so. The State cannot cite any >statutory authority which would prevent Petitioner from performing this >action. > >5. Petitioner cannot supply a social security number on the voter >registration >application as he does not have one. The State has failed to prove that >Petitioner currently has a social security number. > >6. Petitioner cannot give a social security number on the application and >then >subscribe to and swear the oath that the foregoing information on the >application is true and correct. The State cannot force Petitioner to >commit perjury in order to register to vote. > >Wherefore Petitioner Appeals the Order to Revoke Petitioner's Voter >Registration. > >Respectfully submitted >/s/ Brad L. Barnhill >state Citizen of the republic known as the Virginia commonwealth >in persona propria >======================================================== >Brad Barnhill >e:bradbva@chv.mindspring.com >======================================================== >"The government which steps out of the ranks of the >ordinary articles of consumption to select and lay under >disproportionate burdens a particular one because it is >a comfort, pleasing to the taste or necessary to the >health and will therefore be bought, is in that >particular a tyranny." > --Thomas Jefferson to Samuel Smith, 1823. > http://pages.prodigy.com/jefferson_quotes/ >======================================================== > > > ======================================================================== 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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