Sunday, November 18, 2018

Two maxims of Law, plus Supreme court establishes: Statutes, Codes, Procedures, rules etc. are not LAW!


soaringspirit



Two Maxims of Law
•             A piratis et latronibus capta dominium non mutant.
Things captured by pirates or robbers do not change their ownership.
•             A piratis aut latronibus capti liberi permanent.
Those captured by pirates or robbers remain free.

Citizenship cannot be forced upon anyone without their consent. Since the living souls in America are not citizens of your foreign corporations and have no voice through the voting franchise in the adoption of the 14th amendment of your private corporate constitution, no consent has been given. Thus, there is no evidence that citizenship was accepted or even wanted by all Americans in this country to the UNITED STATES OF AMERICA and THE STATE OF CALIFORNIA corporations. Non-citizens of your foreign corporations are not subject to your domestic laws known as statutes, codes, procedures, etc., civil or criminal, of this country, thus all non-citizens of the foreign corporations calling themselves “THE UNITED STATES OF AMERICA” and “STATE OF CALIFORNIA”, being in and of themselves de-facto forms of assumed government services and all of its franchises, subsidiaries, agents, including but not limited to: “STATE OF”, departments, courts, etc., no power has been given them by the people for the people that are born on the land and soil of this country known as AMERICA. i.e. no staff of a corporation or subsidiaries’ has any power given to them by We the People to create or enforce laws or any codes, statues procedures, etc., and have not been given to them by the fully informed We the People, and We the People are not subject to the domestic laws known as statutes, codes, etc., thereby we enjoy immunity from all corporations fraudulently calling themselves a government and their agents, and are afforded the same immunity as those of visiting foreign diplomats and their families.
As American Nationals born on the land and soil of America we are not 14th amendment citizen slaves of the foreign for profit private corporations calling themselves “THE UNITED STATES OF AMERICA” and “STATE OF CALIFORNIA”. Case in point all corporations and franchises, courts etc. use all upper-case letters in their titles. i.e. All assumed government office’s, courts, departments, agents, actors, principals and departments of their franchises, use an all upper-case word, name and/or title which are dead things, i.e. an all upper-case block work on a piece of paper, etc., such as a birth registration, a bond, a negotiable instrument, licenses, fictitious names, and so on are a fraud and fraud vitiates all.

It is the locus of the offense which determines jurisdiction, not the offense committed. People v. Godfrey (Cir.1880), 17 Johns, 225, 223 (N.Y. 1819)
Definition: lo·cus (l½“k…s) n., 1. A locality; a place.
Bouvier’s Law Dictionary, 8thed., pg. 2287 – “The omission of the Christian name by either plaintiff or defendant in a legal process prevents the court from acquiring jurisdiction, …”
Gregg’s Manual of English: “A name spelled in all capital letters or a name initialed, is not a proper noun denoting a specific person, but is a fictitious name, or a name of a dead person, or a nom de guerre.”
“Complaint must identify at least one plaintiff by true name; otherwise no action has been commenced.” Roe v New York (1970, SD NY) 49 FRD 279, 14 FR Serv 2d 437, 8 ALR Fed 670.
(The reasoning behind a true name is that neither a State, nor the United States, can pick up a pencil or sneeze, being nothing more than a “piece of paper”. They cannot, therefore, assume the liability of actions nor write a complaint. All activities carried on by governmental agencies are carried out by its agents and actors.)
The Supreme Court case, Monroe Cattle Co. v. Becker, 147 U.S. 47 (1893) says: Defendant was impleaded by the name of A. W. Becker. Initials are no legal part of a name, the authorities holding the full Christian name to be essential. Wilson v. Shannon, 6 Ark. 196; Norris v. Graves, 4 Strob. 32; Seely v. Boon, 1 N. J. Law, 138; Chappell v. Proctor, Harp. 49; Kinnersley v. Knott, 7 C. B. 980; Turner v. Fitt, 3 C. B. 701; Oakley v. Pegler, (Neb .) 46 N. W. Rep. 920; Knox v. Starks, 4 Minn. 20, (Gil. 7 Kenyon v. Semon, (Minn.) 45 N. W. Rep. 10; Beggs v. Wellman, 82 Ala. 391, 2 South. Rep. 877; Nash v. Collier, 5 Dowl. & L. 341; Fewlass v. Abbott, 28 Mich. 270.
The United States Government Printing Office Style Manual clearly defines the rules of grammar for recording of a proper noun in Chapter 3.2, Capitalization.  “Proper nouns are capitalized [examples given] Rome, Brussels, John Macadam, Macadam family, Italy, and Anglo-Saxon.”  It further defines, in Chapter 11.7, that “Names of vessels are quoted in matter printed in other than lower case roman…[examples given are] LUSITANIA [or] Lusitania.”
Black’s Law Dictionary “Fictitious Name“: “A counterfeit, alias, feigned, or pretended name taken by a person, differing in some essential particular from his true name (consisting of Christian name and patronymic), with the implication that it is meant to deceive or mislead.”

Oxford Dictionary:
“nom“: Used in expressions denoting a pseudonym, a false or assumed name.
“Nom de guerre“: War name. A name assumed by or assigned to a person engaged in some action or enterprise.
“Guerre“: War, and as a verb, to wage war.
The U.S. Government Style Manual, Chapter 3 requires only the names of corporate and other fictional entities, or those serving in corporate capacities to be in all capitalized letters. https://www.gpo.gov/fdsys/pkg/GPO-STYLEMANUAL-2008/content-detail.html
Fictitious names exist for a purpose. Fictions are invented to give court’s jurisdiction. Snider v. Newell 44 SE 354.
This nation was not set up as a democracy and was never intended to become one. It was established as a constitutional republic, a constitution is created to limit a governing body, not to enslave the people of a country and the intent was clear that it would remain a limited republic form of governance. All of the Republican form of governments and the offices thereof are still enforceable, but are not being utilized due to the deliberate intent to deceive by “THE UNITED STATES OF AMERICA” and “THE STATE OF CALIFORNIA”, by not disclosing the truth of what the federal and state corporations have done to this country and her people. “Fraud vitiates ALL”
When someone has something for which they’ve worked and which they’ve earned, they have an inherent Right to keep it and dispose of it as they may choose. When someone else comes along and just takes it by any means what so ever, that is called theft! When someone else comes along and obtains it by threats, fraud, intimidation, etc., that’s called extortion. And when someone else claiming to be an agent of a government, well the labels don’t change. Here we will add a few more labels such as inland piracy, treason, terrorism, fraud, RICO, securities fraud, etc.
Government is a fiction, it is an artificial mechanism or device created and employed by living souls to facilitate social, commercial intercourse. Government, being a fictional entity, has nothing of its own. That reality must be supplied by real people. When government gives something to someone, it must first take that something from someone else.
The conduct of a police officer, judge, or another person clothed with governmental authority that, although it superficially appears to be within the individual's lawful power, is actually in contravention of the law. For example, a police officer who makes a false arrest while on duty, or while off duty but when they are wearing a uniform or badge, is acting under color of law. In some circumstances, the phrase also applies to the conduct of private individuals that is specifically authorized or approved by a statute. Depriving a person of his or her federal civil rights under color of law is, in and of itself, a federal crime and a ground for a cause of action. Also called under color of law.
If the conduct violates a federal civil right or criminal law, it is also called state action.
See also color of title.
Color of Law and Legal Definition  https://definitions.uslegal.com/c/color-of-law/
Color of law refers to an act done under the appearance of legal authorization, when in fact, no such right existed. It applies when a person is acting under real or apparent government authority. The term is used in the federal Civil Rights Act, which gives citizens the right to sue government officials and their agents who use their authority to violate rights guaranteed by federal law.

The following is from the Civil Rights Act:
"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, 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, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."
Acting under color of [state] law is misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law Thompson v. Zirkle, 2007 U.S. Dist. LEXIS 77654 (N.D. Ind. Oct. 17, 2007)

McCain minority staff director Henry Kerner to IRS official Lois Lerner and other IRS officials: “the solution is to audit so many that it becomes financially ruinous”



RIGHTS THAT CANNOT BE TAKEN AWAY.

We are NOT U.S. CITIZENS

STATUTES ARE NOT LAW – TO BE CONVICTED UNDER A STATUTE YOU MUST HAVE MY CONSENT.
We do NOT GIVE OUR CONSENT EVER. We are NOT U.S. CITIZENS, i.e. We are living Souls and not a dead entity written in all upper-case letters on a piece of paper or bond paper being claimed as a vessel owned by another living or dead entity.

A “STATUTE” is NOT a law!  Flournoy v. First National Bank of Shreveport, 197 LA 1057. 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 43, 110, P.2d 162, 165).
STATUTE. Black’s Law Dictionary, 4th Edition. The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.
U.S. SUPREME COURT DECISIONThe 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.
U.S. SUPREME COURT DECISION – 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).

Supreme Court 1796- This decision has never been overturned:
United States Supreme Court Decision from 1796- [Cruden v. Neale, 2 N.C. 338 (1796) 2 S.E.] "There, every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowman without his consent."
“There are NO Judicial Courts in America and have not been since 1789. “Judges” do NOT enforce Statutes and Codes. Executive Administrators enforce Statutes and Codes. FRC v. GE, 281 U.S. 464 Keller v. Potomac Elec. Co., 261 U.S. 428 1 Stat. 138-178”
“There have NOT been any “Judges” in America since 1789. There have only been Administrators. FRC v. GE, 281 U.S. 464 Keller v. Potomac Elec. Co., 261 U.S. 428 1 Stat. 138-178”
“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, 187, 76 S.Ct. 281, 100 L.Ed. 185 (1956);”
“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.
“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.”
“A “Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248),
A “Code’ or 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).”
The added and revised California constitution use by THE STATE OF CALIFORNIA and its agents, are using codes to force extortion levies on all Californians see this link:
As stated above all statutes, codes, procedures etc., by any corporations are not the laws of the land and are not enforceable upon the people of this nation. Only We the People have the power to create and enforce law and We the People have not given over our rights or power to foreign agents or entities.

There is no warrant in law for such a holding. Gould v. Gould, 245 U.S. 151, at p. 153, 38 S.Ct. 53, 62 L.Ed. 211. In 51 American Jurisprudence, "Taxation", Sec. 316, "Strict or Liberal Construction", supported by a great wealth of authority, it is said:
'Although it is sometimes broadly stated either that tax laws are to be strictly construed or, on the other hand, that such enactments are to be liberally construed, this apparent conflict of opinion can be reconciled if it is borne in mind that the correct rule appears to be that where the intent of meaning of tax statutes, or statutes levying taxes, is doubtful, they are, unless a contrary legislative intention appears, to be construed most strongly against the government and in favor of the taxpayer or citizen. Any doubts as to their meaning are to be resolved against the taxing authority and in favor of the taxpayer. * * *'
In the 1040 IRS instruction booklet of 1992/1993, page 3, Margaret Richardson wrote a disclaimer stating income taxes are voluntary. We do not nor ever have volunteered to give our wealth away.

WHERE IS YOUR MANDATORY FOREIGN AGENTS REGISTRATION ACT OF 1938? https://www.justice.gov/nsd-fara

“THE STATE OF CALIFORNIA” is a franchise of the foreign corporation calling its self: “THE UNITED STATES OF AMERICA” both thereby being liable to the international laws. You are all in violation of the International Covenants on Civil and Political Rights:
Article 1
1. All peoples have the right of self-determination, "By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
Article 2
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its Jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
Article 5
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited.
2. No one shall be held in servitude.
3. (a) No one shall be required to perform forced or compulsory labour;
Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.

Proclamation to the people of California. Year: 1849,
We, the people of California, grateful to Almighty God for our freedom, in order to secure its blessings, do establish this Constitution.
Article 1,
sec. 1. All men [living souls] are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protection of property: and pursuing and obtaining safety and happiness.

Sec. 2. All political power is inherent in the people, government is instituted for the protection, security and benefit of the people: and they have the right to alter or reform the same, whenever the public good may require it.

Sec. 9. Every citizen, [living soul] may freely speak, write and publish his [their] sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain of abridge the liberty of speech or of the press.

Sec. 15. No person shall be imprisoned for debt, in any civil action on mesne or final process, unless in cases of fraud: and no person shall be imprisoned for a militia fine in time of peace.

Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall ever be passed.

What is a contract?
A contract is an agreement between two or more persons (e.g., individuals, corporations, partnerships, limited liability companies or government agencies) to do, or to refrain from doing, a particular thing in exchange for something of equal value. No enforceable contract would come into existence if obtained by force, fraud or deception/non-disclosure. The consent or assent of a party to an agreement must be genuine, clearly defined and voluntaryThis assent will not be genuine or voluntary in certain cases of duress, mistake, deception or undue pressure. In these cases, any contract real or assumed are null and void, i.e. fraud vitiates all.

 You must produce the contract that you are claiming to have made with these living souls, whereby both parties are mutually benefited.  No such contract exists.

Sec 17. Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property, as native-born citizens. [i.e. wages, income and all other forms of property, are the real, personal and private property of living souls and are not subjected to your claims of ownership under your criminal frauds against WE THE PEOPLE. Re-read the two maxims of law]

Sec 18. Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State.
Sec 19. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.

THE BILL OF RIGHTS
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
These facts remove all controversy from the matter at hand, thus meaning there is no longer any recourse to a court of law since this NOTICE CEASE AND DESIST, is a PRIMA FACIE CASE. This Notice to Cease and Desist addresses the crimes and violation of OATHS of all subordinate public servants acting under your supervision and includes specifically, all identified in This Notice to Cease and Desist by their ignoring their moral and fiduciary duty. The following stare decisis apply; Hafer v. Melo, 502 US 21 (1991): “US Supreme Court held that state officials acting by ”color of law” may be held personally liable for the injuries or torts they cause and that official or sovereign immunity may not be asserted.”; Scheuer v. Rhodes, 416 US 232 (1974), 94 S. Ct. 1683, 1687 (1974), “When a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States.”; Warnock v Pecos County, Texas, 116 F. 3d 776 – No.96-50869 Summary Calendar. July 3, 1997.  
In the Western world and many Eastern countries, each of us was born into the world with a bounty on our heads. This is due to the fact that our federal government considers us as enemies of the state. According to Judge Dale, author of The Great American Adventure: The Secrets of America, if you live in the United States, the act that makes you an enemy of the U.S. federal government is “The Trading with the Enemy Act.” This act was amended by Franklin D. Roosevelt in March 1933.
Even though you are considered an enemy of the corporate government, it actually has no jurisdiction over you as a living man or woman. However, if you agree to be a citizen of your corporate government, then it has jurisdiction over you. For example, to be a United States citizen means that you are an “employee” of the United States which is a corporation. If you want evidence of this, look at subsection 14 & 15 in Title 28 U.S. Code § 3002 and you should see this phrase “”(14) “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the United States.
(15) “United States” means—
(A) a Federal corporation;
(B) an agency, department, commission, board, or other entity of the United States; or
(C) an instrumentality of the United States””

In regards to the living man or woman including identities, titles, real, personal and private property, flesh, body, blood, fluids and dna, cannot be patented transferred or sold nor be collateral for any sureties. Re-read the two maxims of law.

These criminal corporations are under new management, controlled by the military and are being completely restructured, removing all the criminals that have committed extreme atrocities against We The People. There are currently over 63,000 sealed indictments, some of which have already begun tribunals. Out of that 63,000 sealed indictments, over 10,000 nearing 11,000, are for California alone. The second largest being held is in Texas.

As promised by the current administration, the swamp is being drained and it is only a short mater of time, all the crimes and evil that has been done for decades to the people of this country will be exposed and the criminals brought to true justice.

Num exposes damage by nano tech and more: https://www.youtube.com/watch?v=boBdrbODm3s
STATE OF CALIFORNIA CAFR ACCOUNT: https://www.sco.ca.gov/Files-ARD/CAFR/cafr17web.pdf

Credit where Credit is Due
Let’s give credit where credit is due. Hundreds of thousands of souls that live only by reality, truth, honor and integrity, suffering great hardships to the extreme of losing their lives have gone before us to ensure we have stored in posterity the truth of what has and continues to occur in our world.
It has become my great honor through my own great suffering and loss, to pass on a small portion of what they brought forward for us to find.
It is my hope that all who find my voice speaking out, will pick up the torch and assist in this fight to save lives, our world and the next generations to follow our lead.
Facing the truth should not be a hard thing and yet it is the only thing that stops so many of us from living a life of honor and integrity. A shallow life lived is an empty life indeed.
May we all wake up and expose the terrors and corruption that has and continues to destroy the beauty this life should’ve been, in the hopes we can destroy the evil and bring into reality that which this planet and all her inhabitants truly have to offer. Many blessings, may they flow eternally unbroken, Nikki G.

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