Escape The Matrix The Peoples Guide To Sovereignty
Escape The Matrix The Peoples Guide To Sovereignty
Escape The Matrix The Peoples Guide To Sovereignty
Before we begin there are certain facts that we must establish. This country from its origin has been a
constitutional republic. Each of the 50 sovereign states came together to form a union which we call the
United States of America. This country was founded on the principles of freedom for all within its borders
where everyman is sovereign and free to govern themselves. To be a sovereign is to be like a king in your
own right no man has any authority over you except what you give. This includes the government who get
their authority from WE the people. From the Colorado constitution “ The people of this state have the
sole and exclusive right of governing themselves, as a free, sovereign and independent state; and to alter
and abolish their constitution and form of government whenever they may deem it necessary to their
safety and happiness, provides such change be not repugnant to the constitution of the United States” this
is similar in many others. We as sovereign govern ourselves. The constitution is the supreme law of the
land the judges of all states are bound to and anything to the contrary is notwithstanding basically
meaning it's invalid and holds no authority. This comes from article 6 clause 2 of the constitution also
known as the supremacy clause.
I would now like to show you something that you might not have been aware of. Let's take a look at
article 1 section 10 of the constitution which states “No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any
Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto
Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.” There are 2 things to
focus on here: no state can emit a bill of credit and no state can make anything but gold and silver
tender in payment of debts. However you might have noticed when we buy anything or tender a
payment for goods we do not use gold or silver but federal reserve notes or dollar bills. A federal reserve
note is also a bill of credit since there is no gold backing the currency, it is a debt note evidencing the
government's promise to pay the gold worth on the face of the note and you can't pay a debt with another
debt. It even says on the front of every dollar bill this note is legal tender for all debts public and private:
keyword being legal tender as different from lawful currency as evidenced by 12 USC 411 which states
that federal reserve notes should be redeemed for lawful currency at the treasury. However they can not
give you lawful currency.
So at this point you are probably scratching your head a bit because according to the constitution we
should not be doing any of this but we are. How can this be? In this course we are going to answer that
question and many other important questions you may have never thought to ask such as why do we all
have a birth certificate and a social security number? What is the true purpose of those documents? Did
you know paying taxes was voluntary? Did you know a driver's license was not required to travel in a
motor vehicle? Did you know registering your vehicle was optional? Did you know all debts are
government obligations and we are not required to pay any debt? Did you know you are not a citizen?
These are all things we will not only explore but prove throughout this course.
In order to understand how we got here we must go back to 1933. This was the year the constitutional
republic died and was replaced by the corporate UNITED STATES that is acting as the de facto
government existing only in title. This was the year we went off the gold standard. But as you already
know the fact of the matter is, the United States went "Bankrupt" in 1933. It was declared
by President Roosevelt through Executive Orders 6073, 6102, 6111 and through Executive
Order 6260 on March 9, 1933, under the "Trading With The Enemy Act" of October 6, 1917, AS
AMENDED by the Emergency Banking Relief Act, 48 Stat 1, Public Law No. 1, which is presently
codified at 12 USC 95a and confirmed at 95b. The Trading With The Enemy act also declares all people
within the country enemies of the state under the adr, section 5, subdivision b, chapter 106 - enemy
defined says “ any person within the United States.” You can confirm this for yourself by reading the
listed laws.
Congress confirmed the bankruptcy on June 5, 1933, and thereupon impaired the obligations and
considerations of contracts through the "Joint Resolution To Suspend The Gold Standard And Abrogate
The Gold clause, June 5, 1933" (See: HJR-192, 73rd Congress, 1st Session). Once again House Joint
Resolution 192 (HJR-192), 48 Stat. 112, was passed by Congress on June 5, 1933. The 'Act' impaired the
obligations and considerations of contacts and declared that the notes of the Federal Reserve banks were
"legal tender" for the payment of both public and private debts, and that payment in gold Coin was against
"public policy". More specifically it stated “Whereas the existing emergency has disclosed that provisions
of obligations which purport to give the obligee a right to require payment in gold or a particular kind of
coin or currency of the United States, or in an amount of money of the United States measured thereby,
obstruct the power of congress to regulate the value of the money of the United States, and are
inconsistent with the declared policy of the Congress to maintain at all times the equal power of every
dollar, coined or issued by the United States, in the markets and in the payment of debts. Now therefore
be it Resolved by the Senate and House of Representatives of the United States of America in Congress
Assembled, That (a) Every provision contained in or made with respect to any obligation which purports
to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an
amount of money of the United States measured thereby, is declared to be against public policy; and no
such provision shall be contained in or made with respect to any obligation hereafter incurred. Every
obligation, heretofore or hereafter incurred, whether or not any such provision is contained therein
or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or
currency which at the time of payment is legal tender for public and private debts.” It goes on to
specify “ As used in the resolution, the term "obligation" means an obligation (including every obligation
of and to the United States, accepting currency) payable in money of the United States; and the term "coin
or currency" means coins or currency of the United States including Federal Reserve Notes, notes and
circulating notes of Federal Reserve banks and national banking associations.”
There are a few main takeaways from all this in 1933 the government suspended the gold clause of the
constitution which requires all debts be paid only in gold and silver and replaced our currency with
federal reserve notes and declared that all obligations would be discharged dollar for dollar upon payment
in any coin or currency which at the time is legal tender for payment of debts. In order to full grasp the
weight of this situation we must first look at the definitions of some keywords used in the act. Beginning
with defining what an obligation is according to 18 USC 8 “ The term “obligation or other security of the
United States” includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve
notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver
certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon
authorized officers of the United States, stamps and other representatives of value, of whatever
denomination, issued under any Act of Congress” So all obligations which include FRN’s and other
negotiable instruments belong to the Corporate UNITED STATES. We also must understand what it is to
be discharged which according to Cornell law and other reputable law dictionaries “ A discharge is the
extinguishment or release of a legal obligation or duty. For example, a discharge of the payment of a debt
means you are no longer legally obligated to pay the debt.” So another way to read that is that every
transaction which requires payment is gold which would be every transaction as the constitution makes it
very clear has released us from any legal obligation to pay the debt. This is because we have no lawful
money to pay. The government is responsible for the payment of all debts since they confiscated the gold
and gave us bills of credit. So when companies say you owe them a payment it's fraud as it has already
been discharged but more on that later.
Now we have established the fact that the United States Federal Government has been dissolved by the
Emergency Banking Act, March 9, 1933, 48 Stat. 1, Public Law 89-719; declared by President Roosevelt,
being bankrupt and insolvent. H.J.R. 192, 73rd Congress session June 5, 1933 - Joint Resolution To
Suspend The Gold Standard and Abrogate The Gold Clause dissolved the Sovereign Authority of the
United States and the official capacities of all United States Governmental Offices, Officers, and
Departments and is further evidence that the United States Federal Government exists today in name only.
This is confirmed by the clearfield doctrine. Clearfield Trust Co. v. United States 318 U.S. 363-371
1942: "Governments descend to the level of a mere private corporation, and take on the characteristics of
a mere private citizen . . . where private corporate commercial paper [Federal Reserve Notes] and
securities [checks] is concerned . . . For purposes of suit, such corporations and individuals are regarded
as entities entirely separate from government."
Since the government lost its sovereignty when it went bankrupt it now operates and is bound by the same
rules that apply to private corporations such Walmart or Netflix. They lost the authority to operate as a
true government and now must have contracts in order to deal with you in any capacity. However
corporations are legal fictions; they only exist on paper and can not deal with the living soul so they
devised a plot to make sure they could contract with every man and woman in this country. In order to
give some semblance of authority through color of law. This was done through the 14th amendment, your
birth certificate and your social security cards as these are contracts the government uses to trick all the
people of the nation into thinking that they are under the jurisdiction of this private entity.
The 14th amendment allowed for all “All persons” to be citizens of the UNITED STATES. The term
person includes corporations. A legal person refers to a human or non-human entity that is treated as a
person for limited legal purposes.Typically, a legal person can sue and be sued, own property, and enter
into contracts. This is a key element in the fraud seeing as without this corporations would not be able to
handle matters in court or own property but under this amendment those abilities are awarded to legal
fiction. This is where the birth certificate and social security card come into play. Your parents were
misinformed as to the true nature of what they were applying for, keyword there being apply. All people
had to apply for a birth certificate and social security card without full disclosure of the facts. When the
birth certificate is made, that is the creation of an artificial person who is also a 14th amendment citizen
owned by the UNITED STATES. This is why your name is in all caps on your birth certificate and all
documents concerning this legal fiction. You the living man or woman reading this were never named at
birth and so because this fiction was given your name you assume its responsibilities.
Under common law your parents were supposed to announce your birth in the newspaper for 4 weeks or
in a family bible this was the only record needed. When going to a hospital for births they trick your
parents into believing the birth certificate is for you when really it is used to create the legal fiction which
will be attached to you your whole life while you are never named and legally dead. This legal fiction is
subject to the jurisdiction and policies of the Municipal corporation which created it however you as the
living soul are bound to no such institutions. Only by coercing you to identify with the legal fiction can
you be tricked into accepting liability for it. The birth certificate also serves as a bond which has an
assignment of value: your social security number is how you access the account where that money is held.
This is why you must give your ssn to work as they pull your paycheck from that account. I guarantee if
you look into the structure of any business where you have worked you will find that you are not paid out
of the assets of the company.
The 1871 reorganization act established the Corporation that is the UNITED STATES to govern the 10
square mile radius that is the district of columbia under no constitutional authority. This foreign privately
owned entity with corporate interests is what has been tricking the people into believing that it is
governing the republic. See 28 USC 3002 (15) which tells you the US is a federal corporation and every
other agency of government is a sub-corporation.
A United States Congressional Record, March 17, 1993 Vol. 33, page H-1303 Speaker-Rep. James
Traficant, Jr. (Ohio) addressing the House: "Mr. Speaker, we are here now in chapter 11.. Members of
Congress are official trustees presiding over the greatest reorganization of any Bankrupt entity in world
history, the U.S. Government. We are setting forth hopefully, a blueprint for our future. There are
some who say it is a coroner’s report that will lead to our demise.” In order to continue operating on the
soil of this land the privately owned federal reserve took ownership of this corporation that is the
UNITED STATES. Ever since then the republic has been abandoned in favor of a privately owned
corporation that acts on its own private interests. This is why we have gone far far away from the
constitution and all of our so-called laws are nothing more than policies for a private company.
As a private company they elect their own shareholders and presidents just like all the others. They have
fooled the entire country into thinking their vote still matters when in truth the president is decided long
before the outcome of any election. A Princeton study done over 20 years will tell you that the votes of
the people have a statistical non-zero impact on public policy. The lobbyists who pay for government
officials to be elected influence what policies will be passed to help keep them in power. The people who
own the federal reserve are also the ones who choose what candidates are elected and what laws are
passed. Everything we see is just a show to keep the public from realizing the truth.
This information was purposefully hidden from the people because if they knew these frauds claiming to
be the government wouldn't last a day. In fact it has been said by Henry Ford “It is well enough that
people of the nation do not understand our banking and monetary system, for if they did, I believe there
would be a revolution before tomorrow morning” There is no way we the people of this nation would
stand for this system of fraud. It was also selectively left out of the school system so the majority of the
country would forever remain in ignorance. John D Rockerfeller the creator of our school system outright
stated he wanted a nation of workers not thinkers. Those smart enough to operate his machines but not too
smart to ask questions. The goal of the school system is to dumb people down to a controllable level of
intelligence and to breed out independent thought and prepare you to enter the workforce. In fact
Rockerfeller based our school system of the principles of Johann Gottlieb Fichte who said “Education
should aim at destroying free will so that after pupils are thus schooled they will be incapable throughout
the rest of their lives of thinking or acting otherwise than as their school masters would have wished ...
The social psychologist of the future will have a number of classes of school children on whom they will
try different methods of producing an unshakable conviction that snow is black. When the technique has
been perfected, every government that has been in charge of education for more than one generation will
be able to control its subjects securely without the need of armies or policemen.” This propaganda has
been taught in this nation for 4 generations which is why the majority of people are clueless as to the true
nature of things. This is also why they tried to create a monopoly on law so that people felt they would be
unable to learn the tools needed to help them out of this situation.
Now I understand that is a lot to take in and you may be wondering what that all has to do with you and
your everyday life. As up to this point you have most likely never heard of this information and have been
going on about life. However there are very far reaching consequences to these actions that we can not see
everyday but will make a lot of sense once we apply it to real life situations with actual court examples.
According to the congressional record of march 9th 1933 page 83 the value of our money comes from a
mortgage on all homes and property in the nation. They leveraged everything in the country as collateral
to back the credit of the nation. Coupled with a 14.3 trillion dollar lien on all people (which can be found
via UCC 1 search) and property in the country the UNITED STATES corporation has effectively made all
those who identify as citizens into debt slaves who work to put more money in the pockets of its
shareholders. This means you don't own anything.
I would look into the difference between a legal title and an equitable title. The title you get from the state
for a car is an equitable title giving you the rights to operate the state's property as that car belongs to the
state as soon as it's registered. The true title for a car is the MCO or manufacturer's certificate of origin.
The same for any home, the title is equitable. This is why they can seize those assets at any time;however,
there is a remedy to all this. And remedy in law is means by which the violation of a right is prevented,
redressed, or compensated.
Now in order to understand what we can do to help remedy the situation we must 1st understand what the
proper system is that's embedded in the constitution. But before we get into that I would 1st like to give
this quote from the declaration of independence “ We hold these truths to be self-evident, that all men are
created equal, that they are endowed by their Creator with certain unalienable Rights, that among these
are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted
among Men, deriving their just powers from the consent of the governed, --That whenever any Form of
Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to
institute new Government, laying its foundation on such principles and organizing its powers in such
form, as to them shall seem most likely to effect their Safety and Happiness.” It is our duty to abolish a
government that has abandoned the constitution, and as it has been demonstrated our government
betrayed our constitution long ago. All judges, police, lawyers, and all those who hold public office have
violated their oath to uphold the constitution. They are traders who should be impeached, sanctioned, and
removed from office. Everyday millions of people are persecuted under color of law by these fake judges
and policemen with their only goal being to make money for the corporation which employs them. So the
question is if they operate under color of law, which means to appear lawful but in reality is not, what is
the true system of law given by the constitution?
The answer to that question is common law. Developed over hundreds of years through the settling of
disputes and common sense. Under common law you must not harm another person, you must steal others
property, and you must be honest in your dealings. The constitution clearly outlines 3 jurisdictions in
which all suits in the United States are to take place in article 3 section 2. “The judicial power shall extend
to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties
made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public
ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which
the United States shall be a party;--to controversies between two or more states;--between a state and
citizens of another state;--between citizens of different states;--between citizens of the same state claiming
lands under grants of different states, and between a state, or the citizens thereof, and foreign states,
citizens or subjects.” and it later goes on to say “The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the state where the said crimes shall have been
committed; but when not committed within any state, the trial shall be at such place or places as the
Congress may by law have directed.” Law being common law, equity which is contracts, and admiralty
maritime jurisdiction.
During the case Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938) the federal general common law was
abolished under no constitutional authority. During the adoption of the Federal rules of Civil Procedure
under no constitutional authority law and equity were merged into a single jurisdiction creating their
statutory jurisdiction which only exists under color of law. This is the false jurisdiction all cases fall under
these days. It also converted all courts to being under admiralty which handles contracts and the law of
the sea. It is also an admiralty court if the flag has a gold fringe which the majority of them do. This
jurisdiction operates under special rules and suspends the constitution which is why they try to hold
people in content that mention it. And as we learned since the government lost its sovereignty it must now
have contracts in order to compel performance. This is why all crimes are commercial see 27 CFR 72.11.
Since they are all commercial charges they are heard in the venue for commercial dealings aka the fake
courts we have today. We have not had lawful article 3 courts in this country for a long time.
But all hope is not lost, there is still a way for us to fight back. Now that we know how things are
supposed to work and how the fake system they set up works we can move on to what we can do to
protect ourselves and help restore the republic. I am now going to list a few cases of extreme importance:
"All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison, 5 US (2
Cranch) 137, 174, 176, (1803).
“"Where rights secured by the Constitution are involved, there can be no rule making or legislation which
would abrogate them." Miranda vs. Arizona, 384 US 436 p. 491.
Cruden v Neale “It is not a rule binding upon mankind in their natural state. There, every man is
independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by
his fellowmen without his consent.”
From the Supreme Court “The common law is the real law, the Supreme Law of the land, the codes, rules,
regulations, policy and statutes are “not the law”. Self v. Rhay, 61 Wn (2d) 261.
Also from the supreme court “All codes, rules, and regulations are for government authorities ONLY, not
human/Creators in accordance with God’s Laws. All codes, rules and regulations are unconstitutional and
lacking due process…” – Rodriques v. Ray Donavan, U.S. Department of Labor, 769 F. 2d,1344, 1348
(1985).
“The Supreme court has warned, “Because of what appears to be Lawful commands {Statutory Rules,
Regulations and Codes- Ordinances and Restrictions} on the surface, many citizens, because of their
respect for what appears to be law, are cunningly coerced into waiving their rights, due to
ignorance…{deceptive practices, constructive fraud, barratry, legal plunder, conversion, and malicious
prosecution in inferior administrative State courts}”. – United States v. Minker, 350 U.S. 179, 178,76,
S.Ct. 281,L.Ed. 185 (1956).
A “STATUTE” is NOT a law! – Flournoy v. First National Bank of Shreveport, 197 LA 1057-3 So. 2d
244,248.
"No state shall convert a liberty into a license, and charge a fee therefore" Murdock v. Pennsylvania
"If the state converts a right (liberty) into a privilege, the citizen can ignore the license and fee and
engage in the right (liberty) with impunity"Shuttlesworth v. Birmingham.
As you can see from the cases listed above there is no law that can infringe upon your rights and if they
try to pass them we are free to engage in such activities with impunity. Common law is the only law
statutes, codes, ordinances, and other regulations are not law and hold no weight. Do not let yourself be
fooled by these administrators; they have no authority over you.
Even in commerce there is remedy to be found. Since we already know the government is bound by the
same rules as private corporations we will now look at the set of laws that govern them. This is the
Uniform Commercial Code. Adopted by all 50 states in some form these are the uniform rules of
commerce and what govern contracts and all commercial transactions. Under UCC 1-103 “ Unless
displaced by the particular provisions of the Uniform Commercial Code, the principles of law and equity,
including the law merchant and the law relative to capacity to contract, principal and agent, estoppel,
fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause
supplement its provisions.” The principles of law and equity remain even under the UCC unless the UCC
provides better protection than the law in those instances. And under UCC 1-308, “ A party that with
explicit reservation of rights performs or promises performance or assents to performance in a manner
demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as
"without prejudice," "under protest," or the like are sufficient.”, you can reserve all your rights under law
and equity and protect yourself from being entered into any contract you do not consent to or that was
done in bad faith. Whenever signing anything it is always important to explicitly reserve your rights.
With that you are now aware of what is really going on. The constitutional republic of the United States
was replaced by a for profit corporation owned by the federal reserve. All codes, rules, regulations, and
any other faux form of unconstitutional legislation have no binding. You also may now have a new
appreciation for the law and its power and importance. I would highly recommend you read the following
documents to help you on your journey to freedom:
I would also begin to research case law and study law dictionaries to help you understand the legalese
meaning of words as they are your biggest weapon in the fight against corruption. Places like Justia Law
or anywhere you can find case text online. There is a plethora of case law to support any position you may
find yourself in. When it comes to law dictionaries there are several to choose fromNavigating these
waters alone can be tough but we are not alone. There are hundreds of thousands of people who are
waking up to the truth as well. We the people are beginning to take back our power.
With that all the tools have been to begin your sovereign journey. You can free yourself from the shackles
of this system by operating properly according to law. I would strongly suggest reading all referenced
material in this document as well as study the main areas that comprise United States Law Tort, Contract,
Property, Constitutional, Criminal, and Civil. Once you have a good understanding of these concepts you
will be able to accomplish things like removing yourself from the faux jurisdiction of the de facto
government, protecting your assets in trust, freedom from taxes, discharging bills and more. There are
guides to help you along the way but those all require far more in depth study. I hope this has been a
useful introduction into the principles of sovereignty and true freedom while also being very educational
about the current state of the world.
Allen v. City of Portland, 73 F.3rd, 232 (9th Cir. 1995): By definition, probable cause to arrest can only
exist in relation to criminal conduct; civil disputes cannot give rise to probable cause contract dispute
cannot give rise to probable cause to arrest. Cities or counties CANNOT butt in on any civil dispute
between neighbors, or presume there is any criminal activity related to ownership of livestock, fowl or
other property. Civil disputes go through the DISTRICT ATTORNEY. If the city gets involved, it
commits domestic terrorism.
American Banana Co. v. United Fruit Co., 213 U.S. 347 (1909). “The very meaning of sovereignty is that
the decree of the sovereign makes law.”
America Communicators Association v. Douds 339 U.S. 382, 442 Decided: It is not the function of our
Government to keep citizens from falling into error; it is the function of the citizen to keep the
government from falling into error.
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which
involved the question of whether suspects arrested without a warrant (warrantless arrests) must be brought
into court within a reasonable amount of time to determine if there is probable cause for holding the
suspect in custody. The Supreme Court found that the County of Riverside’s practices in regards to
warrantless arrests were unconstitutional and ruled that suspects who are arrested without a warrant must
be given probable cause within 48 hours. “While physical presence of the arrestee may frequently serve
the useful purpose of ascertaining the identity of the person arrested, presence is not constitutionally
mandated. Our decision in the case at bar complies with our decision in Bernard, 699 F.2d at 1024, where
we upheld a probable cause determination for warrantless arrestees by ex parte affidavit. The preliminary
injunction entered in McLaughlin v. Riverside County of Riverside is AFFIRMED.
Gerstein v. Pugh, 420 U.S. 103 (1975), this Court held that the Fourth Amendment requires a prompt
judicial determination of probable cause as a prerequisite to an extended pretrial detention following a
warrantless arrest. This case requires us to define what is “prompt” under Gerstein. In instances where it
takes longer than 48-hours, “the burden shifts to the government to demonstrate the existence of a bona
fide emergency or other extraordinary circumstance. . . . A jurisdiction that chooses to offer combined
proceedings must do so as soon as is reasonably feasible, but in no event later than 48 hours after arrest.”
Basso v. Utah Power & Light Co., 495 F 2d 906, 910. "Jurisdiction can be challenged at any time." and
"Jurisdiction, once challenged, cannot be assumed and must be decided."
Main v. Thiboutot, 448 U.S. 1 (1980). "The law provides that once State and Federal Jurisdiction has been
challenged, it must be proven." The right of action created by statute relating to deprivation under color of
law, of a right secured by the constitution and the laws of the United States and comes claims which are
based solely on statutory violations of Federal Law and applied to the claim that claimants had been
deprived of their rights, in some capacity, to which they were entitled.”
Melo v. US, 505 F2d 1026. "Once jurisdiction is challenged, the court cannot proceed when it clearly
appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should
dismiss the action."
Hale v. Henkel, 201 U.S. 43, 74 (1906) “The individual may stand upon his constitutional rights as a
citizen. He is entitled to carry on his own private business in his own way. His power to contract is
unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to
an investigation, so far as he may tend to incriminate him. He owes no such duty to the State, since he
receives nothing therefrom beyond the protection of his life and property. His rights are such as existed by
the law of the land long antecedent to the organization of the State, and can only be taken away from him
by due process of law (not statute), and in accordance with the constitution. Among his rights are the
refusal to incriminate himself and the immunity of himself and his property from arrest or seizure except
under the warrant of law. He owes nothing to the public so long as he does not trespass upon their rights.”
Norton v Shelby County, 118 U.S. 425 (1886): An unconstitutional act is not law. It confers no rights, it
imposes no duties, it affords no protections, it creates no office, it is in legal contemplation as inoperative
as though it had never been passed.
Schware v. Board of Examiners of NM 353 U.S. 232, 239 (1957). “Attorneys cannot represent any
private citizen nor any business as the State cannot license the practice of law.” “Equal protection under
the law of the 14th Amendment allows that anyone may practice law. It goes on to say: “A State cannot
exclude a person from the practice of law or from any other occupation in a manner or for reasons that
contravene the Due Process or Equal Protection 239*239 Clause of the Fourteenth Amendment…” in
accordance with Dent v. West Virginia, 129U. S. 114. A State can require high standards of qualification,
such as good moral character or proficiency in its law, before it admits an applicant to the bar, but any
qualification must have a rational connection with the applicant's fitness or capacity to practice law.
See v. City of Seattle, 387 US 541 (1967). [I]t was held that the Fourth Amendment forbids warrantless
inspections of commercial structures as well as of private residences. The search of private commercial
property, as well as the search of private houses, is presumptively unreasonable if conducted without a
warrant. Again, if there is no victim, there is no crime. The county would be liable for violating the
Fourth Amendment in allowing any of its agents or employees to conduct warrantless inspections to
search for livestock and other property on residences.
Shovlon v. Com., 106 Pa. 369, 5 Am. Crim. Rep. 41 (1884). "It is doubtless the duty of an officer who
executes a warrant of arrest to state the nature and substance of the process which gives him the authority
he professes to exercise, and, if it is demanded, to exhibit his warrant, that the party arrested may have no
excuse for resistance."
State v. Lutz 85 W. Va. 330; 101 S.E. 434, 43 (1919) At the common law an officer had no authority to
make an arrest for a misdemeanor though committed in his presence unless it involved a breech of the
peace. Page 17 of 13 Plaintiff’s Memorandum on Arrest Without Warrant right of personal liberty is a
very high prerogative right, and to deprive one of that right, without due process of law, we must find
specific authority for doing so. It can not be left to inference or some strained construction of statute or
ordinance.
State v. Mastrian, 171 N.W.2d 695 (1969); Butler v. State, 212 So.2d 577 (Miss 1968) (emphasis added ).
"Any arrest made without a warrant, if challenged by the defendant, is presumptively invalid...the burden
is upon the state " to justify it as authorized by statute, and as not violative of constitutional provisions.
State v. Paulick, 277 Minn. 140, 151 N.W.2d 596 (1967). No rubber-stamp "signature" "The United
States Supreme Court ... stressed the need for 'individualized review' to avoid the issuance of 'rubber
stamp' warrants."
State v. Robinson, 72 ATL. 2d 260 (1950). “An illegal arrest is an assault and battery. The person so
attempted to be restrained of his liberty has the same right to use force in defending himself as he would
in repelling any other assault and battery.”
U.S. v. Anthony 24 Fed. 829 (1873) "The term resident and citizen of the United States is distinguished
from a Citizen of one of the several states, in that the former is a special class of citizen created by
Congress." You are a State Citizen of the state you were born in, which makes you a Citizen of all of the
States, and a noncitizen national of the United States of America.
U.S. v. Hotal, 143 F.3d 1223 (1998) 9th Cir. To comply with Fourth Amendment, anticipatory search
warrant must either on its face or on the face of the accompanying affidavit clearly, expressly, and
narrowly specify the triggering event. Consent to search that is given after illegal entry is tainted and
invalid under the Fourth Amendment. Plain-view doctrine did not apply to seizure of evidence from
defendant’s residence after officers conducted initial search based on invalid anticipatory search warrant
Plain-view doctrine does not apply unless the initial entry is lawful pursuant to a valid warrant. The
county is liable for its agents/employees stealing anything without probable cause on a tainted warrant
that fails to narrowly list things with particularity that are connected with a crime, and that fails to have an
attached affidavit from a victim injured in his or her business or property. State and federal law protects
the unalienable right to own property / livestock, so the county is liable for its employees' fabricated
charges and pretextual search without probable cause.
Rescue Army v. Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67 S. Ct. 1409.
"A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a
tribunal is its power to act, and a court must have the authority to decide that question in the first
instance."
Rosemond v. Lambert, 469 F2d 416. "The burden shifts to the court to prove jurisdiction."
Ryan v. Commission on Judicial Performance, (1988) 45 Cal. 3d 518, 533 Before sending a person to jail
for contempt or imposing a fine, judges are required to provide due process of law, including strict
adherence to the procedural requirements contained in the Code of Civil Procedure. Ignorance of these
procedures is not a mitigating but an aggravating factor.
Black vs. Clark's Greensboro, Inc., 263 N.C. 226, 139 S.E.2d 199, 201 (1964). Any exercise of force, or
expressed or implied threat of force, by which in fact the other person is deprived of his liberty, compelled
to remain where he does not wish to remain, or go where he does not wish to go, is an imprisonment.
Cook v. Hastings, 150 Mich. 289, 114 N.W. 71. 72 (1907). The law governing this case is elementary.
Except for a breach of the peace committed in his presence, or when he has a reasonable ground to
believe that the person arrested is a felon or is about to commit a felony, a police officer has no authority
to arrest without a warrant.
Daniels vs. Milstead, 221 Ala. 353, 128 So. 447, 448 (1930); De Armond vs. Saunders, 43 Ala. 263, 9
So.2d 747, 751 (1942). In false imprisonment, the essence of the tort is that the plaintiff is forcibly
deprived of his liberty, and the good intent of the defendant, or the fact that he had probable cause for
believing that an offense was committed, and acted in good faith, will not justify or excuse the trespass.
Evans vs. Jorgenson, 182 Minn. 282, 234 N.W. 292, 293 (1931). Cases cited. Where the arrest was done
without a warrant, the person arresting would have to justify by showing he acted pursuant to due process
of law, by showing that there was a felony or breach of peace committed. Where an officer arrests a
person without a warrant, the burden rests upon the officer to plead and prove justification. Otherwise the
arrest is prima facie unlawful.
Heath v. Boyd, 175 S.W.2d 214, 217, (Tex. 1943); Brock vs. Stimson, 108 Mass. 520 (1871). Thus, where
a person arrested is taken to a jail or sheriff's office and detained there, with no warrant issued before or
after the arrest, it is false imprisonment. The one arresting has "a duty to immediately seek a magistrate,
and that the failure to do so, "makes a case of false imprisonment, as a matter of Law, is held by all the
authorities.
Hughes v. State, 145 Tenn. 544, 238 S.W. 588, 596 (1922). An arrest for a breach of the peace cannot be
made on suspicion or mere belief: An arrest for a breach of the peace cannot be justified merely upon
belief or suspicion existing in the mind of the officer; but, where the actions of the person and the
surrounding circumstances are such as to indicate a threatened breach of the peace, the arrest may be
lawfully made.
Muscoe vs. Commonwealth, 86 Va. 443, 447, 10 S.E. 534, 535 (1890). Duty of Officer Making Arrest. It
is a fundamental rule of procedure well grounded in the common law that where an arrest is made the
alleged offender is to be taken "before a magistrate to be dealt with according to law. This is not only to
be done, but done without delay, or without unnecessary delay, otherwise the arresting parry is liable for a
false imprisonment.
Muscoe v. Commonwealth, 86 Va. 443, 10 S.E. 534, 536 (1890). The due process argument in false
imprisonment cases will nullify the statutes, rules and ordinances that are contrary to the common law
rule on arrest. No legislative act can abrogate what is the law of the land otherwise there is no such thing
as due process. Government has encroached upon the citizen's liberty by ignoring due process. The
common law allowed arrests without warrant only for known felonies and breaches of the peace. This is a
required condition under "due process of law" in order to arrest someone. Thus it bas been said that:
Arrest without warrant, where a warrant is required, is not due process of law; and arbitrary or despotic
power no man possesses under our system of government.
Turney v. Rhodes, 42 Ga. App. 104, 155 S.E. 112 (1930) Any restraint, however slight, upon another's
liberty to come and go as he pleases, constitutes an arrest.
Tiedeman, Limitations of Police Power, p. 83, citing: Grumon v. Raymond, 1 Conn. 39; Clayton v. Scott,
45 Vt. 386. To summarize, the following are the basic requisites needed to make a warrant valid:
• A warrant is to be issued by a judicial officer and signed by him.
• It must state the facts that show the matter to be within the jurisdiction of the judicial officer issuing it.
• It cannot be based upon belief or suspicion, but upon probable cause
• The warrant is to list a complaint which is to state the offense committed and the facts that constitute a
crime.
• A warrant is to be supported by a signed affidavit made under oath by the person making the charge.
• It must truly name the person to be arrested, or describe him sufficiently to identify him.
• The warrant must also command that the defendant be arrested and brought before the nearest available
magistrate.
The officer is bound to know if under the law the warrant is defective, and not fair on its face, and he is
liable as a trespasser, if it does not appear on its face to be a lawful warrant. His ignorance is no excuse.
Brookfield Construction Co. v. Stewart A.K.A. Brookfield Construction Co., Inc., and Baylor
Construction Corp., Appellants, v. J. George STEWART, Individually and as Architect of the Capitol,
Appellee. 339 F.2d 753, 119 U.S. App. D.C. 254. Once a Government Official exceeds his Oath of
Office, his employment contract or his jurisdiction, he no longer represents the government. Courts may
not step in and either stay or compel executive action unless the executive official was acting in excess of
his statutory authority or transgressed a constitutional limitation, and mere fact that he might be acting
erroneously or perhaps even tortuously does not vest courts with jurisdiction to act.
Burns v. Reed, 500 U.S. 478, 486, 111 S. Ct. 1934, 114 L.Ed.2d 547 (1991): The law requires that the
official seeking immunity bears the burden of demonstrating that immunity attaches to the particular
function. County or city employees could not bear the burden of demonstrating that sabotage, terrorism,
extortion, theft under color of law, discrimination, racketeering, violation of due process, and takings
without compensation attaches to their particular function of upholding the Constitution and protecting
the property and rights of tax-paying citizens and property owners; therefore, the County would not be
immune, either for the conduct of criminals posing as city or county employees.
To finish off I have a few other books I recommend reading to help you out:
Meet your Stawman and Whatever You Want To Know By David Robinson
Common Law Handbook For Jurors, Sheriffs,Bailiffs, and Justices By David Robinson
The UCC Connection How to Free Yourself From Legal Tyranny By David Robinson
Chief Justice Roberts On Obamacare And The IRS by David Robinson
Cracking the Code
Weiss Trustee Handbook
Discharge Resources
To better understand the principles of discharge I recommended reading the following Acts:
Securities Exchange Act 1934
Securities Act 1933
Federal Reserve Act
Emergency Banking Act
Trust indenture Act 1939.2
Bill of Exchange Act (UCC Article 3)
Title 15 Chapter 41
All of these will be valuable tools on your journey to understanding. Stay free and stay educated. Good
luck to all of you who are brave enough to embark on this journey.
Escape the Matrix
The People’s Guide to Sovereignty
By : Caleb Holt