WELCOME to the 4th of July !
"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."
"The Declaration of Independence"
Declaration of Independence
THE BILL OF RIGHTS
Constitution for the United States of America
It's Sources and Its Application
Memorandum of Law
Hear Yea ! Hear Yea !
"The Constitution of these United States is the supreme law of the land, Any law that is repugnant to the constitution is null and void of law."
Marbury V Madison, 5 US 137
"No state shall convert a liberty into a priveledge, license it, and attach a fee to it."
Murdock v Penn, 319 US 105
"... every person who, under color of any statute, ordinance, regulation, custom, or useage, of any state..... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, priveleges, or immunities secured by the constitution and laws, shall be liiable to the party injured"
Hafer v Melo, 90 681 U.S. (1991) Title 42 USC (related Title 18, USC, Sec 241)
"The Constitution of these United States is the supreme law of the land, Any law that is repugnant to the constitution is null and void of law."
Marbury V Madison, 5 US 137
"No state shall convert a liberty into a priveledge, license it, and attach a fee to it."
Murdock v Penn, 319 US 105
"If the state converts a liberty into a priveledge the citizen can engage in the right with impunity"
Shuttlesworth v Birmingham , 373 USs 262
" The court is to protect against any encroachment of constitutionally secured liberty."
Boyd V US, 116 US 616
"Where rights secured by the constitution are involved, there can be no rule making or legislation which would abrogate them"
Miranda v Arizona, 384 US 436
"An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal comtemplation, as inoperative as though it had never passed."
Norton v Shelby County, 118 US 425
"Silence can only be equated with fraud when there is a legal or moral duty to speak, or when an inquiry left unanswered would be intentionally misleading... We cannot condone this shocking conduct... If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately"
U.S. v. Tweel, 550 F2d 297, 299-300.
"Fraud: An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right."
Black's 5th, 594
"Fraud vitiates the most solemn contracts, documents, and even judgments."
U.S. vs. Throckmorton, 98 U.S. 61.
"Damages will lie in proper case of negligent misrepresentation of failure to disclose."
Van Buren v. Pima Community College Dist. Bd., 546 P.2d 821, 113 Ariz. 85 (Ariz.1976).
"No Bill of Attainder or ex post facto Law shall be passed. "
Article 1, Sec 9, United States Constitution
"An "ex post facto law" is defined as a law which provides for the infliction of punishment upon a person for an act done which, when it was committed, was innocent; a law which aggravates a crime or makes it greater than when it was committed; a law that changes the punishment or inflicts a greater punishment than the law annexed to the crime when it was committed; a law that hanges the rules of evidence and receives less or different testimony than was required at the time of the commission of the offense in order to convict the offender; a law which, assuming to regulate civil rights and remedies only, in effect imposes a penalty or the deprivation of a right which, when done, was lawful; a law which deprives persons accused of crime of some lawful protection to which they have become entitled, such as the protection of a former conviction or acquittal, or of the proclamation of amnesty; every law which, in relation to the offense or its consequences, alters the situation of a person to his disadvantage." Wilensky v. Fields, Fla, 267 So.2d 1,5." [Source: 6th edition, Black's Law Dictionary, p 580.]
" Bill of Attainder is "Legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial." United States v Brown, 381, US 437,448-49,, 85 S Ct 1707, 1715, 14 L.Ed. 484;492; United States v Lovett, 328 US 303, 315, 66 S. Ct. 1073,1079,90 L Ed. 1252.
"An act is a Bill of Attainder if the punishment is death, a Bill of Pains and Penalties if the punishment is less severe; both kinds of punishment fall within the scope of the constitutional prohibition." U.S. Constitution Art. 1, Sec 9 (as pertains to Congress); Art 1, Sec 10 (as pertains to legislatures)
"No State shall ...... pass any Bill of Attainder, ex post facto Law, or Law impairing the obligation of contracts, or grant any title of nobility...." Article 1, Sec 10, United States Constitution.
"Qualified immunity defense fails if public officer violates clearly established right because a reasonably competent official should know the law governing his conduct"
Jones vs Counce 7-F3d-1359-8th Cir.1993; Benitez V Wolff 985-F3d 662 2nd Cir l993
"Officers of the court have no immunity, when violating a Constitutional right, from liability for they are deemed to know the law"
Owens V Independence 100 S.C.T. 1398
Independence & Freedom !
Is it yours?
LIBERTY BILL !
OUT OF THE UN
USE YOUR BACK BUTTON TO RETURN TO MAIN PAGE
