Secrets and Lies

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The citizen does not have a fiduciary duty to the government the government has a fiduciary duty to the people.

“The Constitution of the United States is a law for rulers and people equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great emergencies of government.” ~ Ex parte Milligan, 71 U.S. 2 (1866).

“Fraud in its elementary common law sense of deceit… includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public,… and if he deliberately conceals material information from them he is guilty of fraud.424 F.2d 1021UNITED STATES v.Horton R. PRUDDEN,No. 28140. United States Court of Appeals, Fifth Circuit. April 1970 –

“Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading.” U.S. v. Tweel, 550 F. 2d. 297, 299, 300 (1977)-

Fraud: Deceit, deception, artifice, or trickery operating prejudicially on the rights of another, and so intended, by inducing him to part with property or surrender some legal right. 23 Am J2d Fraud § 2. Anything calculated to deceive another to his prejudice and accomplishing the purpose, whether it be an act, a word, silence, the suppression of the truth, or other device contrary to the plain rules of common honesty. 23 Am J2d Fraud § 2. An affirmation of a fact rather than a promise or statement of intent to do something in the future. Miller v Sutliff, 241 111 521, 89 NE 651.

“Anyone entering into an arrangement with the government takes the risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority, even though the agent himself may be unaware of limitations upon his authority.” The United States Supreme Court, Federal Crop Ins. Corp, v. Merrill, 332 US 380-388 L1947)

When they lie to you and make up some law saying they can have secrets and they can lie that is fraud! They do not have the authority to make any such laws!

“All laws, rules and practices which are repugnant to the Constitution are null and void… …if any statement within any law which is passed is unconstitutional, the whole law is unconstitutional.” Marbury v. Madison, 5thU.S. 2 Cranch 137, 180. “

Hurtado v. United States, 410 US 578 (1973) “It is not every act, legislative in form, that is law. Law is something more than mere will exerted as an act of power…Arbitrary power, enforcing its edicts to the injury of the party and property of its subjects is not law.”

“When a judge acts where he or she does not have jurisdiction to act, the judge is engaged in an act or acts of treason.” Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326-

To have jurisdiction means you have to have authority to act and that authority has to be given in the contract that is to say the constitution. A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law.

“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… The Senators and Representatives and members of the State legislature, and all executive and judicial officers of the United States and the several States, shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.” The Constitution of the united States of America, Article VI, Cl 2, 3.

COMMON LAW:

American Jurisprudence is a collection of Common Law Principles and consistent U.S. Supreme Court decisions that “ALL” Judges “MUST” obey; and, Judges have no power of decision outside of these Common Law Principles and consistent Supreme Court Decisions. “As to the construction, with reference to Common Law, an important cannon of construction is that constitutions must be construed to reference to the Common Law… The Common Law so permitted destruction of the abatement of nuisances by summary proceedings; and, [it] was never supposed that a constitutional provision was intended to interfere with this established principle [even] though there is no common law of the United States in a sense of a national customary law as distinguished from the common law of England adopted in the several states. In interpreting the Federal Constitution, recourse may still be had to the aid of the Common Law of England. It has been said that without reference to the common law, the language of the Federal Constitution could not be understood…

The General rule is that an unconstitutional statute, though having the form and name of law, is in reality no law; but, is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. Since an unconstitutional law is void, the general principles follow that it imposes no duties; confers no rights; creates no office; bestows no power or authority on anyone; affords no protection; and, justifies no acts performed under it… A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby. No one is bound to obey an unconstitutional law; and, no courts are bound to enforce it.”16 American Jurisprudence 2nd, Sec. 114
.
“All laws, rules and practices which are repugnant to the Constitution are null and void… …if any statement within any law which is passed is unconstitutional, the whole law is unconstitutional.” Marbury v. Madison, 5thU.S. 2 Cranch 137, 180. “

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 individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his 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 it may tend to criminate 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 from him by due process of law, and in accordance with the Constitution. United States Supreme Court reminds us in Hale v. Henkel, 201 U.S. 43 (1906):

…statutes which would deprive a citizen of the rights of person or property without a regular trial, according to the course and usage of common law, would not be the law of the land.” Hoke v. Henderson,15 N.C.15, 25 AM Dec. 677

STATUTES ARE NOT LAWS

There are no Judicial courts in America and there has not been since 1789. Judges do not enforce Statutes and Codes. Executive Administrators enforce Statutes and Codes. (FRC v. GE 281 US 464, Keller v. PE 261 US 428, 1 Stat. 138-178)

A “Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248), A “Code’ is not a Law,” (In Re Self v Rhay Wn 2d 261), in point of fact in Law,)
A concurrent or ‘joint resolution ‘of legislature is not “Law,
” (Koenig v. Flynn, 258 N.Y. 292, 179 N. E. 705, 707; Ward v State, 176 Okl. 368, 56 P.2d 136, 137; State ex rel. Todd v. Yelle, 7 Wash.2d 443, 110 P.2d 162, 165).

All codes, rules, and regulations are for government authorities only, not human/Creators in accord with God’s Laws.

“All codes, rules, and regulations are unconstitutional and lacking due process of Law..”

(Rodriques v. Ray Donavan, U.S. Department of Labor, 769 F.2d 1344, 1348 (1985)); …lacking due process[of law], in that they are ‘void for ambiguity’ in their failure to specify the statutes’ applicability to ‘natural persons,’ otherwise depriving the same of fair notice, as their construction by definition of terms aptly identifies the applicability of such statutes to “artificial or fictional corporate entities or ‘persons’, creatures of statute, or those by contract employed as agents or representatives, departmental subdivisions, offices, officers, and property of the government, but not the ‘Natural Person’ or American citizen Immune from such jurisdiction of legalism.

“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), They are the law of government for internal regulation, not the law of man, in his separate but equal station and natural state, a sovereign foreign with respect to government generally.)

COLOR OF LAW:
“The appearance or semblance, without the substance, of legal right.” State v. Brechler, 185 Wis. 599, 202 N.W. 144, 148.

“Misuse of power, possessed by virtue of state law and made possible only because [the] wrongdoer is clothed with authority of state, is action taken under ‘color of state law’.”Atkins v. Lanning, 415 F. Supp. 186, 188.

CONCLUSION:

“Anyone entering into an arrangement with the government takes the risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority, even though the agent himself may be unaware of limitations upon his authority.” The United States Supreme Court, Federal Crop Ins. Corp, v. Merrill, 332 US 380-388 L1947)

Any court, government or government officer who acts in violation of, in opposition or contradiction to the Constitution, by his, or her, own actions, commits treason and invokes the self-executing Sections 3 and 4 of the 14th Amendment and vacates his, or her, office.

” An officer who acts in violation of the constitution ceases to represent the government”. Brookfield Const. Co. v. Stewart, 284 F. Supp.94.

AM14.3/HO, IR No person shall hold office if he rebels against or violates the U.S. Constitution (treason).

Cooper v. Aaron, By Chief Justice Earl Warren
No state, legislator, executive or judicial officer can “War” against (or test the limitations of) the Constitution without violating their undertaking to support it (Breach of Oath/Contract, Treason??). The Constitution created a government dedicated to equal justice under law. The Fourteenth Amendment embodied and emphasized that ideal…no State shall deny to any person within its jurisdiction the equal protection of the laws. Our constitutional ideal of equal justice under law is thus made a living truth. (Book, Our Nation’s Archive © 1999 pg 701)

AM14.3/RD Congress shall impeach anyone who rebels against or violates the U.S. Constitution.

“All laws, rules and practices which are repugnant to the Constitution are null and void… …if any statement within any law which is passed is unconstitutional, the whole law is unconstitutional.” Marbury v. Madison, 5thU.S. 2 Cranch 137, 180. “

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. “

…statutes which would deprive a citizen of the rights of person or property without a regular trial, according to the course and usage of common law, would not be the law of the land.” Hoke v. Henderson,15 N.C.15, 25 AM Dec. 677.

“State officers may be held personally liable for damages based upon actions taken in their official capacities.” Hafer v. Melo, 502 U.S. 21 (1991).

The Oath of office is a quid pro quo contract cf [U.S. Const. Art. 6, Clauses 2 and 3, Davis Vs. Lawyers Surety Corporation., 459 S.W. 2nd. 655, 657., Tex. Civ. App.] in which clerks, officials, or officers of the government pledge to perform (Support and uphold the United States and state Constitutions) in return for substance (wages, perks, benefits). Proponents are subjected to the penalties and remedies for Breach of Contract, Conspiracy cf [Title 18 U.S.C., Sections 241, 242]. Treason under the Constitution at Article 3, Section 3., and Intrinsic Fraud cf [Auerbach v Samuels, 10 Utah 2nd. 152, 349 P. 2nd. 1112,1114. Alleghany Corp v Kirby., D.C.N.Y. 218 F. Supp. 164, 183., and Keeton Packing Co. v State., 437 S.W. 20, 28].

Refusing to live by their oath places them in direct violation of their oath, in every case. Violating their oath is not just cause for immediate dismissal and removal from office, it is a federal crime. Federal law regulating oath of office by government officials is divided into four parts along with an executive order which further defines the law for purposes of enforcement.

5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office. 5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of Congress) to “advocate the overthrow of our constitutional form of government”

“[p]owers not granted (to any government) are prohibited.” United States v. Butler, 297 U.S 1, 68 (1936).

Common Law is the law of the land; any statute in conflict with the Constitution is unenforceable; and, to enforce such statute is a crime. It is the duty of the Sheriff and U.S. Marshal, being Constitutional Officers, to make sure judges, officers of the court and all elected, appointed and hired servants obey the law; and, when they violate the law under the color of law, it is the ‘DUTY’ of the Sheriff & U.S. Marshal to arrest such public servant immediately.

Judges, Presidents or agencies do not have any constitutional authority to make law period. Congress is the only one who have authority to make laws and powers delegated to them can not be delegated to ANYONE else! Even then congress MUST stay within their authority, the constitution and the law. Any law made any other way does not have due process of law! All you have to do is look at any government officials voting record and it is easy to see ALL of them have violated their oath of office to support, uphold and defend the constitution. All judges and police have violated their oath of office by enforcing unconstitutional laws. No one in government today lawfully represents the government or is allowed to hold office they are in or any other office as a government official. They are all con men impersonating government officials by law.

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