The PREAMBLE – Common Law
The PREAMBLE to the United States Constitution proclaims it is We the People who “ordained and established this Constitution for the United States of America.” Only a King or a sovereign People can ordain a written Rule of Law.
“At the Revolution, the sovereignty devolved on the People; and they are truly the sovereigns of the country, but they are sovereigns without subjects… with none to govern but themselves.”
Chisholm v. Georgia, 2 Dall 419, 454 1 L. Ed. 440,455 @Dall (1793) page 471-472
Our Founding Fathers “ordained and established” the Constitution for our government not the People. We the People had Natural Rights long before the Constitution was written.
Justice Clarence Thomas started:
“The People have inherent Rights.” Inherent means that which is preexisting. The Declaration of Independence says: The People “are endowed by their Creator with certain unalienable (unchangeable) Rights that among these are Life, Liberty, and the Pursuit of Happiness; that to secure these Rights, Governments are instituted.”
The only purpose of Government is to “secure the People’s Rights.” We the People have two major problems: 1. There is a Communist Conspiracy working within the U.S.A. to destroy our freedoms; 2. We no longer have a valid Court of Law. The short definition of Communism is total government control – a dictatorship. Our Government was instituted to “secure our Rights” not to take our Rights. There is no party system in the Constitution; however, the parties maintain a covenant between each other to blame the other party for unconstitutional acts and their unconstitutional behavior never stops. The two major parties are actually the same: they are a Uniparty, with the same one World Communistic Government agenda.
Both major parties falsely claim our form of government is a democracy; we have not had a Congressional Declaration of War since WWII, they obtain United Nations Resolutions; they vote their party’s agenda – not constitutionally; they support the unconstitutional Federal Reserve and Federal Reserve Notes which is fiat, fake money backed only by government force not by constitutional law, silver or gold; they rule the people with executive orders not legislative laws.
(“Stoke of the pen. Law of the land. Kind of cool).”
quote from Paul Begala, President Clinton’s Advisor); both parties demand licenses to exercise rights and they are both ruled by the Council on Foreign Relations which is the Deep State.
“It’s good to have an outpost of the Council on Foreign Relations right here down the street from the State Department. We get a lot of advice from the council, so this will mean I won’t have as far to go to be told what we should be doing and how we should think about the future. ”
“The dirty little secret is that both houses of Congress have become irrelevant.”
Robert Reich, President Clinton’s Secretary of Labor
“Someday nationhood as we know it will be obsolete; all states will recognize a single, global authority.”
Stroble Talbott, President Clinton’s Deputy Secretary of State
Our Public Servants do not obey their Oath of Office to “support and defend” the U.S. Constitution and they actually hold We the People in contempt if we even notice. These so-called “Public Servants” who are under Oath to secure our Rights are pushing the U.S. into a New World Order under Communism. Have you noticed, Public Servants who obey their party’s agenda never leave office and become super rich off a fixed wage?
The evolution of Law in America starts with Natural Law: the Right to breathe, the Right to drink water and eat food. If these fundamental Rights were taken we would die. Our Founders created a Republic, with Rule by Law; they did NOT create a democracy with Rule by Majority. Our Founders looked to the Roman Republic and the great Roman Statesman Cicero as their model government.
Cicero stated: “Natural Law is True Law … True Law is right reason in agreement with Nature.” Out of Natural Law came the Common Law. The first written Common Law is the Ten Commandments. The main point of the Ten Commandments is to do no harm to a person or their property: this is the Golden Rule. Under Common Law We the People have a Common Law Duty to never harm another Person, their Property or to violate a valid contract with them. Article VI Clause 2 of the U.S. Constitution: “This Constitution is the Supreme Law of the Land.
“Law of the Land means common law.”
Taylor v.Porter, 4 Hill 140
Judges claim they do not use common law. This means they never use Constitutional Law in their court. California Civil Code, Section 22.2: “The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of this State, is the rule of decision in all the courts of this State.”
Since the Founding of the United States, there has always been a battle over who shall rule: the People or the Government. Too much rule by the People is anarchy; too much rule by the Government is tyranny. This problem was solved with a written rule of law the constitution and the Oath of Office or Affirmation our Public Servants must take to support and defend the constitution.
In 1938, when the Federal Rules of Civil Procedure were adopted, the courts unconstitutionally merged the Court of Law with the Court of Equity. Black’s Law Dictionary 10th Edition defines a Court of Law as: “A court proceeding to the rules of the common law.” It defines a Court of Equity as:
“A court proceeding to the rules of Chancery.”
Adolph Hitler was the dictator and Chancellor of Nazi Germany. In a Court of Equity the judge is the ruler. Judges actually hide the Court of Law from the people because a Court of Law gives the people power.
Constitutional Law and Common Law
In order to get into a lawful Court of Law proceeding, to the Common Law where your constitutional rights are protected, you must object to the Court of Equity and file a Counter Claim under Federal Rules of Civil Procedure, Rule 13 and demand a Court of Record which is synonymous with the Court of Law because they both proceed to the common law. Land of the Land; Due Process of Law; Constitutional Law and Common Law are all synonymous terms.
The “Social Justice” that many people are demanding is only found in equal protection and due process of law for all. Many judges claim that they are keeping a record; therefore their court is a Court of Record; however the lawful definition of a Court of Record is much more than this.
In order for a Court to be a lawful Court of Record it must meet the following definition:
1. The tribunal is independent of the judge;
2. Proceeds to the Common Law;
3. Keeps a record;
4. Has power to fine or imprison for contempt and
5. May or may not have a seal.
This definition was decided by the courts in Jones v. Jones, 188 Mo. App. 220, 175 S.W. 227, 229 and many other cases. Under this definition, the judge is NOT the tribunal. If the judge is not the tribunal who is? The plaintiff or D.A. is not the tribunal, the judge is not the tribunal, the court clerk is not the tribunal, the bailiff is not the tribunal that leaves only the defendant; when the defendant files a Counter Claim and demands a lawful Court of Record the defendant becomes the counter plaintiff and the tribunal until a common law jury is seated.
A common law jury decides both the law and the facts. Most judges inform the jury they can only decide the facts not the law; this is an advisory jury not a common law jury. John Jay, the first Chief Justice of the Supreme Court stated:
“The jury has a right to judge both the law as well the fact in controversy.”
The Supreme Court use to have a jury!
Our government has done everything to take an entire branch of government away from the people; government claims no one can practice law without a license. “The practice of law is an occupation of common right.” Sims v. Aherns, 271 S.W. 720 (1925) “The practice of law cannot be licensed by any state/State.” Schware v. Board of Examiners, 353 U.S. 238, 239 Notice Schware v. Board of Examiners use state and then State with a capital; because State with a capital means a corporation of the Federal government. CA. is a Federal zone under Federal jurisdiction; Calif. means a constitutional independent state.
The Federal government wants to rule the people; that’s why they want you to claim you are a United States citizen under their jurisdiction and not one of the people of California. Your highest status At Law is as One of the People not as a U.S. citizen. At Law means: “According to law; by, for or in law.” The law is Constitutional Law which is synonymous with common law. Keep in mind that when you are in a Court of Equity the judges rules the court according to his/her best opinion.
Justice Antonin Scalia asked:
“How should we judge the constitution? By your opinion? By my opinion? Or should we judge it by what it says?”
The second written Common Law is the Magna Carta, the Great Charter of English Liberty. It is the Magna Carta that established due process of law and a jury trial of your peers. The Common Law became our United States Constitution. In order for our Government to prosecute someone they must have Standing. Standing has three elements: A Lawful Duty to do or not to something, Breach of Lawful Duty and Injury.
“For a crime to exist there must be an injured party.”
Sherar v. Cullen, 481 F. 945 11
“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 contemplation asinoperative as though it had never been passed.”
Norton v. Shelby County, 118 U.S. 425 (1886)
“All laws which are repugnant to the Constitution are null and void.”
Marbury v. Madison,5 U.S. (2 Cranch) 137, 174, 176 (1803)
“No citizen can be punished for exercising a right.”
Shuttesworth v. Birmington, Al., 373 U.S. 262 (1963)
“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 (1966)
“The claim and exercise of a Constitutional Right cannot be converted into a crime.”
Miller v. U.S., 230 F 486, 489 (1943)
“The Constitution cannot be interpreted safely except by reference to common
Ex parte Grossman, 45 S. Ct. 332, 333 (1925)
We teach people how to be an Attorney in Fact, to protect themselves against tyranny. An Attorney in Fact can represent themselves under Title 28 USC §1654; and they can represent other people who have signed a Power of Attorney.
Bill Thornton @1215. Org for Court of Record information
www.Jurisdictionary.com How to Win in Court, by Dr. Frederick D. Graves.
The U.S. and California Constitutions, especially Article I
Black’s Law Dictionary
People for the Republic
Meetings every second Tuesdays 7pm at the Fortuna River Lodge