mardi 18 décembre 2018

Libel: Mädchen Supreme Nike Streak Spectrum Pl Nicht Konnte S Schuhe Werden

besser als eine Konsequenz der Schwäche Ihrer Ex-alleinerziehenden Mutter. Das Mädchen wählte die Firma Ihres Ex-Vaters, dennoch kann es niemandem passieren, dass das Mädchen Ihre Ex-neue Mutter im Interesse Ihrer Ex vergessen hat Papa. bacwgaoy201812

Früher wurde das Mädchen bei Female At wenig über Ihr Ex-Partner erklärt. Das Mädchen wurde zunächst über ihre neue Mutter informiert, woraufhin es über Ihre ehemalige Mutter aus zweiter Hand aus zweiter Hand erhalten wurde, die Missbilligung Ihres Ex-Vaters. Dann wurde dem Mädchen lediglich erklärt, wer am Ende zu spät dran war Inadäquate Frauen In der Lage, null wertvolle Antwort auf diese spezifische Situation zu schaffen, wurde die Idee sicherlich viel zu spät. Ihr Übel hätte in letzter Zeit definitiv vermieden werden müssen, indem Sie die Zugänglichkeit zu Nike Air Zoom Structure 22 günstig Neffe George, den beiden Nike Zoom Pegasus 35, einfach vernachlässigen Schuhe in ganz Manchester und in Humblethwaite Die Idee wurde letztlich viel zu spät, - zu spät, das könnte sein, um Ihren fiesen Körper zu stoppen. Die Frau, die Nike Sportschuhe hatte, wollte, dass Ihr Ex-Herz-Kreislauf-System trainiert wurde. Es stellte sich viel zu spät heraus. Trotzdem ist das Übel, einschließlich der Offenlegung der Lösung. Es ist keineswegs jede junge Frau, die die Person heiraten könnte, der das Mädchen 1. bekennt, dass das Mädchen wirklich will kes Weiblich Es gibt eine unbestreitbare Tatsache, dass Ihr Ex-Kind, das von Geburt an edler bleibt, mit zusätzlicher Relevanz im Vergleich zu anderen kleinen Kindern, tatsächlich durch einfache Umstände dafür gewährt werden muss, wie es dort üblich ist Es ist oft eine Sache, die durch den feinen Duft einer erstklassigen, kleinen Frau gezogen wird, indem sie einfach jede Schicht mit Beschwerden durchführt; - für den Fall, dass die Idee höchstwahrscheinlich nicht der Fall ist, sollte die Emily Hotspur vielleicht zu Ihrem günstigen Preis Nike EXP veröffentlichen -Z07 Zoom Fly Schuhe normal unter jüngeren Damen, zusammen mit Verzögerung und möchte, bis das Mädchen für Sie zu sehr wenig akzeptieren kann, dass Ihre Ex-Herz-Kreislauf-System empfindlich sein wird und einen weiteren Schmerz mit sich bringt. Das ist Ihre allein erziehende Mutter Erwarten Sie jetzt - sie erwarten, während das Mädchen von Mister Harry zuversichtlich angewiesen wurde, George Hotspur würde als Ehemann der Familie ziemlich unfähig sein Erbin mit Humblethwaite. Dies kann jedoch beinahe sicher der Fall sein, dass sowohl das Minor als auch gar nichts erklärt wurde, was George Hotspur betraf.

Ihr Betrachter muss selten herausfinden, dass Emily die Schwierigkeit bei einer wirklich unterschiedlichen Beleuchtung kaum berücksichtigen wird. Das Mädchen bekam außerdem Ihre Ex-Konzepte in Bezug auf den Leckerbissen sowie den Duft eines Mädchens. Nike REACT Hyperdunk 2017 Schuhe Das Mädchen wurde enthüllt, dass Ihr Ex sich ganz offen über den Gentleman erfreut, der die Idee bekommen wollte; Es gibt keine Kosten, und es wurde nichts gönnt, wenn es um das Generieren von Computern ging. Trotzdem erkannte das Mädchen die Idee, voreingestellt zu werden, weil das Mädchen vielleicht nicht noch einmal dieselbe Überraschung bereitet Aus wenig wird dem Mädchen zugestanden, und es gab keine Rücknahme Ihres Gebens. Das Mädchen wurde vorgestellt, zusammen mit erhalten und dann erwartet und zusammen mit dem erwarteten Zusatz, dass dieses Ergebnis tatsächlich präsentiert wurde; Die Idee lieferte, dass das Mädchen nur wenig effektiv abgeladen wurde. Derzeit informierten sie sie, wer nicht konsequent war, und wusste, dass das Mädchen Supreme Nike Streak Spectrum PL nicht konnte S Schuhe werden etwas schwerer abgeladen. Sie würde das sicherlich nicht spüren; trotzdem, lassen Sie es immer so gehen, wie es könnte, seltsamerweise wurde es fertiggestellt. Das Mädchen endete als das. Er war das Recht in Ihrem Ex, das wiederum das Mädchen nicht mitnehmen kann dein Ex. Ist nicht eine solche Versorgung durch die meisten Kapellen gewusst worden, dass Wörter und Ausdrücke, die sich auf 'besser als auch auf schlechteres' beziehen, in dem Versprechen der Gewerkschaft geäußert wurden? Im Allgemeinen endete das Versprechen der religiösen Organisation auf Null, und so wurde Ihre Ex-Arbeit sogar jetzt aufgrund Ihres Ex-Papas. Obwohl die Form des Verlierens - normalerweise auch ein Verlust des Guten auf das Unerwünschte -, das Ihre religiöse Organisation nicht nur mit dem Geweihten verbunden hat, sondern auch von einem bestimmten Angebot angeboten wird, kann es auch nur ein anderes sein . Wh.


Libel: Mädchen Supreme Nike Streak Spectrum Pl Nicht Konnte S Schuhe Werden

Cleaning and Repairs: Security Deposit and Approved Alterations: Commercial Lease

My question involves landlord-tenant law in the State of: Georgia
My business is renting a commercial building. In our lease it says that we needed to get approval from the landlord for all improvements or alterations. We did get approval via email to make some changes to some of the rooms like adding walls, etc. We are getting ready to leave that building and they are saying that we need to change everything back to the way it was before in order to get our security deposit back even though we got approval. So I am wondering if this is true. I can't find anything in the lease that specifically calls out weather we need to bring everything back to its original state.


Cleaning and Repairs: Security Deposit and Approved Alterations: Commercial Lease

Can 24002(B) Be Correctable

My question involves a traffic ticket from the state of: California

I was asked by a friend of mine to drive his truck and a gooseneck trailer to the landfill for him. When I was leaving I was stopped by the CHP for having a taillight out on the trailer. The officer was friendly and I believe cut me a break. The trailer, empty at the time of the stop, had a GVWR of over 10k lbs. The CHP officer informed I needed a class A to tow it. The officer cited me for 24600(a), 24603(a) & 24002(b). He marked them all as correctable and told me they would be dismissed if I corrected them. 24002(b) he wrote for missing a lug nut. He allowed me to drive the trailer home but said if it was missing more he would not have. The officer also told me where he sets up to sign off fix it tickets.

The next day I rewired the trailer so all of the lights were functional and added the missing lug nut. I wanted the same officer to sign off on the ticket because I thought it might be difficult to get another officer to sign off the 24002(b). I asked my neighbor with a class A license to dive me over to see the officer.

The officer gladly signed off on all three violations. I asked him if the court tries to say 24002(b) is not a correctable violation and I contest it, will he fight me on it. He said no.

I went to the court showed them proof of correction paid $75 and all three violations were dismissed. I have checked the courts website and the case has been updated to "dismissed - proof of correction provided". My question is can this case be reviewed by anyone and reopened? From my research I assumed 24002(b) is a one point violation and not correctable.


Can 24002(B) Be Correctable

Background Checks: I Am Being Told My Name, Birth Date, and Social Don't Match Up

My question involves Background Checks for ride sharing apps. I'm not sure if this is the right place for this question but I am applying for a job as a lyft driver and I was submitted to a background check after like two days the company Checkr contacted me (this is the background check company being used) to tell me that my name, my birthdate, and my social security number do not match up resulting in a suspension from lyft for 6 months, which I have no idea why since the discrepancy was in no way my fault. But basically I am just wondering what could be the cause for this mismatch. I have a hunch but that's why I am here. On my birth certificate my full legal name says Benjamin Espinoza Jr however, on my social security card they only put Benjamin Espinoza could this be the discrepancy that didn't allow the company to match any records to me?


Background Checks: I Am Being Told My Name, Birth Date, and Social Don't Match Up

Heirs and Beneficiaries: Distribution and Loan

My question involves estate proceedings in the state of: New York

Not sure where to put this post, couple of questions.

Is it possible for me to file a suit against by brother - the executor of the estate, without using an attorney?

It's been over 4 years since our Mom passed, my brother, sister her husband and children live in the house. The will states the house (only asset) to be divided between 3 children (Brother sister and myself).

I live 1200 miles away and was there this past August. I brought it up to each of them separately, told them it was wrong, not fair and I'm getting screwed. My brother is the executor and want to wait for the equity loan to be paid off - another 4 years! I told him he could roll it into the new loan.

The house was finally appraised in October (with me staying on top of brother to get it done). Now they want each of them to have a separate loan, I don't think that is possible but not sure. It would look like this - Brother gets loan with sister of it for $125k. After a seasoning period sister and husband get loan for $125k without brother on loan. Is this possible??


Heirs and Beneficiaries: Distribution and Loan

lundi 17 décembre 2018

Unlicensed Driving You Don't Need a Drivers License to Travel on Public Roadway

SPECIAL POLICE OFFICER BULLETIN



U.S. COURT DECISIONS CONFIRM "DRIVING A MOTOR VEHICLE" IS A
CITIZENS RIGHT AND NOT A GOVERNMENT GRANTED PRIVILEGE.
By Jack McLamb (from Aid & Abet Newsletter)


For many years Professionals within the criminal justice System have acted upon the belief that traveling by motor vehicle upon the roadway was a privilege that was gained by a citizen only after approval by their respective state government in the form of the issuance of a permit or license to that Particular individual. Legislators, police officers and court officials are becoming aware that there are now court decisions that prove the fallacy of the legal opinion that" driving is a privilege and therefore requires government approval, i.e. a license". Some of these cases are:
Case # 1 - "Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience. - Chicago Motor Coach v Chicago 169 NE 22
("Regulated" here means traffic safety enforcement, stop lights, signs, etc. NOT a privilege that requires permission i.e.- licensing, mandatory insurance, vehicle registration, etc.)

Case # 2 - "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness."- Thompson v Smith 154 SE 579.

It could not be stated more conclusively that Citizens of the states have a right to travel, without approval or restriction (license), and that this right is protected under the U.S. Constitution. Here are other court decisions that expound the same facts:

Case # 3 - "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." - Kent v Dulles, 357 U.S. 116, 125.

Case # 4 - "Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal Iiberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the l4th Amendment and by other provisions of the Constitution." - Schactman v Dulles, 96 App D.C. 287, 293.

FUNDAMENTAL RIGHT

As hard as it is for those of us in Law enforcement to believe, there is no room for speculation in these court decisions. The American citizen does indeed have the inalienable right to use the roadways unrestricted in any manner as long as they are not damaging or violating property or rights of another.

Government, in requiring the people to file for "drivers licenses, vehicle registrations, mandatory insurance, and demanding they stop for vehicle inspections, DUI/DWI roadblocks etc. without question, are "restricting", and therefore violating, the Peoples common law right to travel.
Is this a new legal interpretation on this subject of the right to travel? Apparently not. The American Citizens and Lawmen Association in conjunction with The U.S. Federal Law Research Center are presently involved in studies in several areas involving questions on constitutional law. One of the many areas under review is the area of "Citizens right to travel." In an interview a spokesmen stated: "Upon researching this subject over many months, substantial case law has presented itself that completely substantiates the position that the "right to travel unrestricted upon the nations highways" is and has always been a fundamental right of every Citizen."

This means that the "beliefs and opinions" our state legislators, the courts, and those of as involved in the law enforcement profession have acted upon for years have been in error. Researchers armed with actual facts state that U.S. case law is overwhelming in determining that - to restrict, in any fashion, the movement of the individual American in the free exercise of their right to travel upon the roadways, (excluding "commerce" which the state Legislatures are correct in regulating), is a serious breach of those freedoms secured by the U.S. Constitution, and most state Constitutions, i.e - it is Unlawful.

THE REVELATION THAT THE AMERICAN CITIZEN HAS ALWAYS HAD THE INALIENABLE RIGHT TO TRAVEL RAISES PROFOUND QUESTIONS TO THOSE WHO ARE INVOLVED IN MAKING AND ENFORCING STATE LAWS.

The first of such questions may very well be - If the States have been enforcing laws that are unconstitutional on their face, it would seem that there must be some way that a state can legally put restrictions, such as - licensing requirements, mandatory insurance, vehicle registration, vehicle inspections, D.W.I. roadblocks, to name just a few, on a Citizens constitutionally protected right. Is that not so?

For the answer to this question let us Iook, once again, to the U.S. courts for a determination on this very issue.

The case of Hertado v. California, 110 U.S. 516. states very plainly: "The State cannot diminish rights of the people."

"the assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice."- Davis v. Wechsler, 263 U.S. 22, 24.

Would we not say that these judicial decisions are straight to the point - that there is no lawful method for government to put restrictions or Iimitations on rights belonging to the people?

Other cases are even more straight forward:

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
- Miranda v. Arizona, 384 U.S. 436, 491.

"The claim and exercise of a constitutional right cannot be converted into a crime.· - Miller v. U.S., 230 F 2d 486, 489.

"There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights."- Sherar v. Cullen, 481 F. 945. ( There is no question that a citation/ticket issued by a police officer, for no drivers license, no current vehicle registration, no vehicle insurance etc. which carries a fine or jail time, is a penalty or sanction, and is indeed "converting a Right into a crime".)

We could go on, quoting court decision after court decision, however, In addition, the Constitution itself answers our question- "Can a government legally put restrictions on the rights of the American people at anytime, for any reason"? (Such as in this particular case - when the government believes it to be for the safety and welfare of the people).

The answer is found in ARTICLE SIX of the U.S. Constitution:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;..shall be the supreme Law of the Land; and the judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary not withstanding". (This tells us that the U.S. Constitution is to be upheld over any state, county, or city Iaws that are in opposition to it.)

In the same Article it goes on to say just who it is within our governments that is bound by this Supreme Law:

"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;". - ART. 6 U.S. CONST.

We know that Police officers, are a part of the Executive branch. We are "Executive Officers".

Article 6 above, is called the SUPREMACY CLAUSE, and it clearly states that, under every circumstance, the above listed officials in these United States must hold this documents tenets supreme over any other laws, regulations, or orders. Every U.S. Police officer knows that they have sworn a oath to the people of our nation that we will not only protect their lives and property, but, that we will uphold, and protect their freedoms and rights under the Supreme laws of this nation, - the U. S. Constitution.

In this regard then, we must agree that those within government that restrict a Citizens rights, (such as restricting the peoples right to travel,) are acting in violation of his or her oath of office and are actually committing a crime against such Citizens. Here's an interesting question. Is ignorance of these laws an excuse for such acts by officials?

If we are to follow the "letter of the law (as we are sworn to do), this places officials that involve themselves in such unlawful acts in a unfavorable legal situation. For it is a felony and federal crime to violate, or deprive citizens of their Constitutionally protected rights.
Our system of law dictates the fact that there are only two ways to legally remove a right belonging to the people. These are - #1 - by lawfully amending the constitution, or #2 - by a person knowingly waiving a particular right.

Some of the confusion in our present system has arisen because many millions of people have waived their right to travel "unrestricted" upon the roadways of the states and opted into the jurisdiction of the state for various reasons. Those who have knowingly given up these rights are now legally regulated by state law, the proper courts, and "sworn, constitutionally empowered officers-of-the-law," and must acquire proper permits, registrations, insurance, etc.

There are basically two groups of people in this category:

#1 - Any citizen that involves themselves in "commerce," (business for private gain), upon the highways of the state.

Here is what the courts have said about this:

"...For while a citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways, either in whole or in part, as a place for private gain. For the latter purpose no person has a vested right to use the highways of the state, but is a privilege or license which the legislature may grant or withhold at its discretion..." - State v Johnson, 243 P. 1073, 1078.

Other U.S. court cases that confirm and point out the difference between the "right" of the citizen to travel and a government "privilege" are - Barney v Board of Railroad Commissioners; State v City of Spokane, 186 P. 864.; Ex Parte Dickey (Dickey v Davis), 85 S.E. 781.; Teche Lines v Danforth, 12 So.2d 784.

There are numerous other court decisions that spell out the JURISDICTION issue In these two distinctly different activities. However, because of space restrictions we will leave it up to officers to research it further for themselves. (See last page for additional references).

#2 - The second group of citizens that are legally under the jurisdiction of the state is the individual citizen who has voluntarily and knowingly waived their right to travel "unregulated and unrestricted" by requesting placement under such jurisdiction through the acquisition of a state - drivers license, vehicle registration, mandatory insurance, etc. (In other words "by contract only".)

We should remember what makes this "legal," and not a violation of the individuals common law right to travel "unrestricted" is that they knowingly volunteer, freely, by contract, to waive their right. If they were forced, coerced or unknowingly placed under the states powers, the courts have said it is a clear violation of their rights.

This in itself raises a very interesting question. What percentage of the people in each state have filed, and received, licenses, registrations, insurance etc. after erroneously being advised by their government that it was mandatory?

Many of our courts, attorneys and police officials are just becoming informed about this important issue and the difference between "Privileges vs. Rights". We can assume that the majority of those Americans carrying state licenses, vehicle registrations etc., have no knowledge of the rights they waived in obeying laws such as these that the U.S. Constitution clearly states are unlawful, i.e. "laws of no effect". In other words - "LAWS THAT ARE NOT LAWS AT ALL."

OUR SWORN DUTY

An area of serious consideration for every police officer, is to understand that the most important law in our land he has taken an oath to protect, defend, AND ENFORCE, is not state laws, nor city or county ordinances, but, that law that supersede all other laws in our nation, - the U.S. Constitution. If laws in a particular police officer's state, or local community are in conflict with the SUPREME LAW of our nation, there Is no question that the officer's duty is to "uphold the U.S. Constitution."

What does this mean to the "patrol officer" who will be the only sworn "Executive Officer" on the scene, when knowledgeable Citizens raise serious objections over possession of insurance, drivers licenses and other restrictions? It definitely means these officers will be faced with a hard decision. (Most certainly if that decision effects state, city or county revenues, such as the issuing of citations do.)

Example: If a state legislator, judge or a superior tells a police officer to proceed and enforce a contradictory, (illegal), state law rather than the Supreme Law of this country, what is that "sworn officer" to do? Although we may not want to hear it, there is but one right answer, - "the officer is duty bound to uphold his oath of office" and obey the highest laws of the nation. THIS IS OUR SWORN DUTY AND IT'S THE LAW!

Such a strong honest stand taken by a police officer, upholding his or her oath of office, takes moral strength of character. It will, without question, "SEPARATE THE MEN FROM THE BOYS." Such honest and straight forward decisions on behalf of a government official have often caused pressure to be applied to force such officers to set aside, or compromise their morals or convictions.

As a solace for those brave souls in uniform that will stand up for law and justice, even when it's unpopular, or uncomfortable to do so...let me say this. In any legal stand-off over a sworn official "violating" or "upholding" their oath of office, those that would side with the "violation" should inevitable lose.

Our Founding Fathers assured us, on many occasions, the following: Defending our freedoms in the face of people that would for "expedients sake," or behind the guise, "for the safety and welfare of the masses," ignore peoples rights, would forever demand sacrifice and vigilance from those that desired to remain free. That sounds a little like - "Freedom is not free!"

Every police officer should keep the following court ruling, that was covered earlier, in mind before issuing citations in regard to "mandatory licensing, registration and insurance" - verses - "the right of the people to travel unencumbered":
"THE CLAlM AND EXERCISE OF A CONSTITUTIONAL RlGHT CANNOT BE CONVERTED INTO A CRIME." - Miller v U.S., 230 F 2d 486. 489.

And as we have seen, "traveling freely," going about ones daily activities, is the exercise of a most basic right.

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Unlicensed Driving You Don't Need a Drivers License to Travel on Public Roadway

Unlicensed Driving You Don't Need a Drivers License to Travel on Publjc Roadway

SPECIAL POLICE OFFICER BULLETIN



U.S. COURT DECISIONS CONFIRM "DRIVING A MOTOR VEHICLE" IS A
CITIZENS RIGHT AND NOT A GOVERNMENT GRANTED PRIVILEGE.
By Jack McLamb (from Aid & Abet Newsletter)


For many years Professionals within the criminal justice System have acted upon the belief that traveling by motor vehicle upon the roadway was a privilege that was gained by a citizen only after approval by their respective state government in the form of the issuance of a permit or license to that Particular individual. Legislators, police officers and court officials are becoming aware that there are now court decisions that prove the fallacy of the legal opinion that" driving is a privilege and therefore requires government approval, i.e. a license". Some of these cases are:
Case # 1 - "Even the legislature has no power to deny to a citizen the right to travel upon the highway and transport his property in the ordinary course of his business or pleasure, though this right may be regulated in accordance with the public interest and convenience. - Chicago Motor Coach v Chicago 169 NE 22
("Regulated" here means traffic safety enforcement, stop lights, signs, etc. NOT a privilege that requires permission i.e.- licensing, mandatory insurance, vehicle registration, etc.)

Case # 2 - "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common right which he has under the right to life, liberty, and the pursuit of happiness."- Thompson v Smith 154 SE 579.

It could not be stated more conclusively that Citizens of the states have a right to travel, without approval or restriction (license), and that this right is protected under the U.S. Constitution. Here are other court decisions that expound the same facts:

Case # 3 - "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." - Kent v Dulles, 357 U.S. 116, 125.

Case # 4 - "Undoubtedly the right of locomotion, the right to remove from one place to another according to inclination, is an attribute of personal Iiberty, and the right, ordinarily, of free transit from or through the territory of any State is a right secured by the l4th Amendment and by other provisions of the Constitution." - Schactman v Dulles, 96 App D.C. 287, 293.

FUNDAMENTAL RIGHT

As hard as it is for those of us in Law enforcement to believe, there is no room for speculation in these court decisions. The American citizen does indeed have the inalienable right to use the roadways unrestricted in any manner as long as they are not damaging or violating property or rights of another.

Government, in requiring the people to file for "drivers licenses, vehicle registrations, mandatory insurance, and demanding they stop for vehicle inspections, DUI/DWI roadblocks etc. without question, are "restricting", and therefore violating, the Peoples common law right to travel.
Is this a new legal interpretation on this subject of the right to travel? Apparently not. The American Citizens and Lawmen Association in conjunction with The U.S. Federal Law Research Center are presently involved in studies in several areas involving questions on constitutional law. One of the many areas under review is the area of "Citizens right to travel." In an interview a spokesmen stated: "Upon researching this subject over many months, substantial case law has presented itself that completely substantiates the position that the "right to travel unrestricted upon the nations highways" is and has always been a fundamental right of every Citizen."

This means that the "beliefs and opinions" our state legislators, the courts, and those of as involved in the law enforcement profession have acted upon for years have been in error. Researchers armed with actual facts state that U.S. case law is overwhelming in determining that - to restrict, in any fashion, the movement of the individual American in the free exercise of their right to travel upon the roadways, (excluding "commerce" which the state Legislatures are correct in regulating), is a serious breach of those freedoms secured by the U.S. Constitution, and most state Constitutions, i.e - it is Unlawful.

THE REVELATION THAT THE AMERICAN CITIZEN HAS ALWAYS HAD THE INALIENABLE RIGHT TO TRAVEL RAISES PROFOUND QUESTIONS TO THOSE WHO ARE INVOLVED IN MAKING AND ENFORCING STATE LAWS.

The first of such questions may very well be - If the States have been enforcing laws that are unconstitutional on their face, it would seem that there must be some way that a state can legally put restrictions, such as - licensing requirements, mandatory insurance, vehicle registration, vehicle inspections, D.W.I. roadblocks, to name just a few, on a Citizens constitutionally protected right. Is that not so?

For the answer to this question let us Iook, once again, to the U.S. courts for a determination on this very issue.

The case of Hertado v. California, 110 U.S. 516. states very plainly: "The State cannot diminish rights of the people."

"the assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice."- Davis v. Wechsler, 263 U.S. 22, 24.

Would we not say that these judicial decisions are straight to the point - that there is no lawful method for government to put restrictions or Iimitations on rights belonging to the people?

Other cases are even more straight forward:

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."
- Miranda v. Arizona, 384 U.S. 436, 491.

"The claim and exercise of a constitutional right cannot be converted into a crime.· - Miller v. U.S., 230 F 2d 486, 489.

"There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights."- Sherar v. Cullen, 481 F. 945. ( There is no question that a citation/ticket issued by a police officer, for no drivers license, no current vehicle registration, no vehicle insurance etc. which carries a fine or jail time, is a penalty or sanction, and is indeed "converting a Right into a crime".)

We could go on, quoting court decision after court decision, however, In addition, the Constitution itself answers our question- "Can a government legally put restrictions on the rights of the American people at anytime, for any reason"? (Such as in this particular case - when the government believes it to be for the safety and welfare of the people).

The answer is found in ARTICLE SIX of the U.S. Constitution:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;..shall be the supreme Law of the Land; and the judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary not withstanding". (This tells us that the U.S. Constitution is to be upheld over any state, county, or city Iaws that are in opposition to it.)

In the same Article it goes on to say just who it is within our governments that is bound by this Supreme Law:

"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;". - ART. 6 U.S. CONST.

We know that Police officers, are a part of the Executive branch. We are "Executive Officers".

Article 6 above, is called the SUPREMACY CLAUSE, and it clearly states that, under every circumstance, the above listed officials in these United States must hold this documents tenets supreme over any other laws, regulations, or orders. Every U.S. Police officer knows that they have sworn a oath to the people of our nation that we will not only protect their lives and property, but, that we will uphold, and protect their freedoms and rights under the Supreme laws of this nation, - the U. S. Constitution.

In this regard then, we must agree that those within government that restrict a Citizens rights, (such as restricting the peoples right to travel,) are acting in violation of his or her oath of office and are actually committing a crime against such Citizens. Here's an interesting question. Is ignorance of these laws an excuse for such acts by officials?

If we are to follow the "letter of the law (as we are sworn to do), this places officials that involve themselves in such unlawful acts in a unfavorable legal situation. For it is a felony and federal crime to violate, or deprive citizens of their Constitutionally protected rights.
Our system of law dictates the fact that there are only two ways to legally remove a right belonging to the people. These are - #1 - by lawfully amending the constitution, or #2 - by a person knowingly waiving a particular right.

Some of the confusion in our present system has arisen because many millions of people have waived their right to travel "unrestricted" upon the roadways of the states and opted into the jurisdiction of the state for various reasons. Those who have knowingly given up these rights are now legally regulated by state law, the proper courts, and "sworn, constitutionally empowered officers-of-the-law," and must acquire proper permits, registrations, insurance, etc.

There are basically two groups of people in this category:

#1 - Any citizen that involves themselves in "commerce," (business for private gain), upon the highways of the state.

Here is what the courts have said about this:

"...For while a citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways, either in whole or in part, as a place for private gain. For the latter purpose no person has a vested right to use the highways of the state, but is a privilege or license which the legislature may grant or withhold at its discretion..." - State v Johnson, 243 P. 1073, 1078.

Other U.S. court cases that confirm and point out the difference between the "right" of the citizen to travel and a government "privilege" are - Barney v Board of Railroad Commissioners; State v City of Spokane, 186 P. 864.; Ex Parte Dickey (Dickey v Davis), 85 S.E. 781.; Teche Lines v Danforth, 12 So.2d 784.

There are numerous other court decisions that spell out the JURISDICTION issue In these two distinctly different activities. However, because of space restrictions we will leave it up to officers to research it further for themselves. (See last page for additional references).

#2 - The second group of citizens that are legally under the jurisdiction of the state is the individual citizen who has voluntarily and knowingly waived their right to travel "unregulated and unrestricted" by requesting placement under such jurisdiction through the acquisition of a state - drivers license, vehicle registration, mandatory insurance, etc. (In other words "by contract only".)

We should remember what makes this "legal," and not a violation of the individuals common law right to travel "unrestricted" is that they knowingly volunteer, freely, by contract, to waive their right. If they were forced, coerced or unknowingly placed under the states powers, the courts have said it is a clear violation of their rights.

This in itself raises a very interesting question. What percentage of the people in each state have filed, and received, licenses, registrations, insurance etc. after erroneously being advised by their government that it was mandatory?

Many of our courts, attorneys and police officials are just becoming informed about this important issue and the difference between "Privileges vs. Rights". We can assume that the majority of those Americans carrying state licenses, vehicle registrations etc., have no knowledge of the rights they waived in obeying laws such as these that the U.S. Constitution clearly states are unlawful, i.e. "laws of no effect". In other words - "LAWS THAT ARE NOT LAWS AT ALL."

OUR SWORN DUTY

An area of serious consideration for every police officer, is to understand that the most important law in our land he has taken an oath to protect, defend, AND ENFORCE, is not state laws, nor city or county ordinances, but, that law that supersede all other laws in our nation, - the U.S. Constitution. If laws in a particular police officer's state, or local community are in conflict with the SUPREME LAW of our nation, there Is no question that the officer's duty is to "uphold the U.S. Constitution."

What does this mean to the "patrol officer" who will be the only sworn "Executive Officer" on the scene, when knowledgeable Citizens raise serious objections over possession of insurance, drivers licenses and other restrictions? It definitely means these officers will be faced with a hard decision. (Most certainly if that decision effects state, city or county revenues, such as the issuing of citations do.)

Example: If a state legislator, judge or a superior tells a police officer to proceed and enforce a contradictory, (illegal), state law rather than the Supreme Law of this country, what is that "sworn officer" to do? Although we may not want to hear it, there is but one right answer, - "the officer is duty bound to uphold his oath of office" and obey the highest laws of the nation. THIS IS OUR SWORN DUTY AND IT'S THE LAW!

Such a strong honest stand taken by a police officer, upholding his or her oath of office, takes moral strength of character. It will, without question, "SEPARATE THE MEN FROM THE BOYS." Such honest and straight forward decisions on behalf of a government official have often caused pressure to be applied to force such officers to set aside, or compromise their morals or convictions.

As a solace for those brave souls in uniform that will stand up for law and justice, even when it's unpopular, or uncomfortable to do so...let me say this. In any legal stand-off over a sworn official "violating" or "upholding" their oath of office, those that would side with the "violation" should inevitable lose.

Our Founding Fathers assured us, on many occasions, the following: Defending our freedoms in the face of people that would for "expedients sake," or behind the guise, "for the safety and welfare of the masses," ignore peoples rights, would forever demand sacrifice and vigilance from those that desired to remain free. That sounds a little like - "Freedom is not free!"

Every police officer should keep the following court ruling, that was covered earlier, in mind before issuing citations in regard to "mandatory licensing, registration and insurance" - verses - "the right of the people to travel unencumbered":
"THE CLAlM AND EXERCISE OF A CONSTITUTIONAL RlGHT CANNOT BE CONVERTED INTO A CRIME." - Miller v U.S., 230 F 2d 486. 489.

And as we have seen, "traveling freely," going about ones daily activities, is the exercise of a most basic right.

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Unlicensed Driving You Don't Need a Drivers License to Travel on Publjc Roadway