Time: Mon Oct 20 16:10:08 1997
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Date: Mon, 20 Oct 1997 16:01:50 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Human Rights treaties and "persons"
The treaties were enacted to bolster the
enforcement of fundamental Rights.
You MUST read the explicit reservations,
which take the Tenth Amendment into account.
The treaties guarantee effective judicial remedies,
notwithstanding that violations were committed
by "persons" acting in their official capacity.
They also obligate the United States to
develop the possibilitites of effective
judicial remedies. The operative term here
is "effective judicial remedies".
See the DRAFT NOTICE OF TREATY VIOLATIONS
in State v. Kemp, to follow my latest
thinking on this point, in the Supreme
Law Library.
Federal judges simply CANNOT provide
effective judicial remedies, if they have
adverse conflicts of interest, and/or if
they attempt to preside on courts which
do not have competent jurisdiction,
pursuant to Law. We now argue that
the W-4 is evidence of an adverse
conflict of interest.
That "Law" is the U.S. Constitution,
and Title 28, United States Code,
at the very least. Title 28 does not
give the U.S. Supreme Court authority
to promulgate rules for the District
Court of the United States, but ONLY
for the United States District Court!!
But, the Supremacy Clause also renders
these treaties supreme Law as well,
notwithstanding whatever the "Patriot"
community might say about those treaties
vis-a-vis the United Nations. Wolfgram's
treatise does a brilliant job of cutting
away all the noise in this controversy.
The best extant attack on these treaties
is the DRAFT APPLICATION FOR INTERVENTION
OF RIGHT, which we never filed, but we did
write, in Hawks v. County of Butte.
This attack is based on an argument
that the 17th amendment was never lawfully
ratified; see that DRAFT APPLICATION for
the details.
/s/ Paul Mitchell
http://supremelaw.com
copy: Supreme Law School
At 03:33 PM 10/20/97 -0700, you wrote:
>But it seems to me that treaties only apply to "persons" ?
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