These rules while being modeled and citing
statutes are to be used as guiding the Quo
Warranto Board of Inquiry in its deliberations on all claims with the emphasis on
looking to what has been done and whether
or not justice has been achieved=served. As the
judiciary of the defacto progressed it became
all about the money and not about justice. We can be and do better by looking at
the information contained herein and weigh
the claims against past bad acts and bless the
parties with justice with decision that
serve to balance the scales as was intended
from biblical times to present time.
It shall be the intent and purpose
of this Claimant's Quo Warranto Board of Inquiry to review all present=law changing case=cause that has been detrimental to We THE People nunc pro tunc of having truth and justice in the judicial system.
The Claimant's Quo Warranto Board of Inquiry
shall have and exercise absolute jurisdiction and venue of the re-set=re-assembly of
the United States of America.
1. Rules to Govern
All Inquiry: Exceptions
(a) These rules shall govern all Inquiry in which
Claimant or Respondent is, has been, or may be made a Party and shall be construed to supply the final
rule of Decision of all such Inquiry, with the exception to Inquire where the Claimant shall be involved
in crimes malainse*.
*Crimes malainse embrace acts immoral or wrong in themselves, such as burglary, arson, larceny, rape,
murder,
theft and breach of peace.
(1b) Crimes malaprohibita*
do not confer jurisdiction to any other
local,
state, or federal court.
*Crimes malaprohibita embrace things prohibited by statute as infringing on another's or others' rights, though no moral turpitude may attach and constituting crimes
only because they are so prohibited by the force of a legislative enacted common
law.
(1c) All persons bringing any action against the Claimant contrary
to these Rules and the decision of this
Quo Warranto Board of Inquiry shall be accountable to Claimant's
secured rights.
Notes: *After March 9, 1933, the federal government, along with
local and state governments, have formed a new deal statutory emergency partnership
under uniform law so national application of admiralty
jurisdiction,
further seizing private rights through
a mixed war by considering "all persons within the United States of America
or any place subject to the jurisdiction thereof'
to be the enemy of the United States
of America as Congressionally declared in the 48 Statutes at Large, page 1.
*There is little, or no, difference between a state of emergency
and a state of war.
*In 1966, unification of the federal jurisdiction was
completed. The advisory committee notes on this
amendment of the Federal Rules of
Civil Procedure, hereafter F.R.C.P., specifically
states:"This is the fundamental change necessary to effect unification
of the civil and admiralty procedure. Just as
the
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1938 Rules abolished the distinction between actions at law and suits in
equity, this change would abolish the distinction between civil actions
and suits in admiralty. "The advisory committee also stated that "certain distinctive features
of the admiralty practice must be preserved for what are now suits in admiralty. This raises the question: After unification, when a single form of action
is established, how will the counterpart of the present suit in admiralty
be identifiable? In part, the question is easily
answered. Some claims for relief can only be suits in admiralty, either because the admiralty jurisdiction
is exclusive or because non on-maritime ground
of federal jurisdiction exists."
*On the representative side of the
division of a Republican Form of Government, claims for relief are exclusive to
the federal courts; while on the private
side of a guaranteed Republican Form of government,
all claims for final relief are saved to
Claimant, as otherwise provided by the Constitution
and Laws of the United States of
America. Article Ill, Section 1 and Section 2, Clause 2; and 28 U.S.C.
1651 and 2071 recognizes
both the supreme and the inferior divisions of the judicial Power of the
United States of America.
*Under the emergency
statutory new deal partnership, local, state, and federal governments are merely separate departments of one large political
body and thus one admiralty court system operating under Uniform Commercial Code as
Federal Common Law.
*The advisory committee further states,
"Thus at present, the pleader has power to
determine procedural consequences by the
way in which he exercises the classic privilege
given by the saving-to suitor's clause
(28 USC 1333) or by equivalent statutory provisions. "28 USC 2071 - 2077; Article 3,
Section 1, and Section 2, Clause 2
of the 1787-89 Constitution of the United
States of America
*The saving-to-Claimant clause reserves to Claimant in all Inquiry, all
other remedies to which he is otherwise entitled, thus extending to all means other
than by civil actions (which are actually suits in admiralty) in the federal courts in which Claimant is otherwise
entitled. See Article 3, Section 2, Clause 2 of the 1787-89 Constitution of the United States of America which outlines the supreme jurisdictions of Claimant's Quo Warranto Board of Inquiry,
as opposed to Supreme Court, having the
supreme and final jurisdiction of the judicial
Power of the United States of America in all Inquiries is reserved to We THE People.
*In the United States of America, it is not the Constitution of the United States of America, nor the laws
of the United States of America, nor the treaties made or which shall be made, nor the laws or Constitution of any State, nor
facts, nor presumption off acts that determines
the final Character, Standing and Rights of
the Individual Claimant; but rather the
manner or the way in which the individual Claimant
exercises his fundamental (substantive)
Rights, a Republican Form of Government,
which in turn provides the final applicable Law and determines the Individual's
final Character, Standing, private Rights, and private Property.
*On the one hand, the
law and facts are harmless error that does not abridge substantive rights; on the other hand, the Claimant acquires additional and superior
private Rights by bringing forth His Quo
Warranto Board of Inquiry=personal retinue and exercise of his secured rights.
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*Under the uniform emergency public policy
of the New Deal, state law is modeled after federal
(maritime) law and is substantially unchanged
to this day, Section 34 of the 1789 Judiciary Act provides "the laws of the several states, except where the Constitution or treaties
of the United States of America or Acts of Congress
otherwise require or provide, shall be regarded as rules
of decision in civil actions in the courts
of the United States of America, in Actions
where they apply."Codified at 28 USC
1652
*Inquiry in the federal courts are
only binding precedent under the doctrines of the law of the Case=Cause
of action, res judicata, and collateral estoppel in which the
federal courts operate; however, those
courts being created and controlled by Acts of Congress are inferior
to Claimant's Quo Warranto Board of Inquiry created in the 1787-89
Constitution of the United States of America
by the People of the United
States of America exclusive to themselves in their individual sovereign
capacity. Such federal Inquiry does not and cannot supply the final rule of decision
in Inquiry where Claimant is, has been, or
may be made a Party.
2.Source and Supremacy
(a) Claimant's Quo Warranto Board of Inquiry is directly established
by the 1787-89-91
Constitution for the United States of America with the supreme judicial
Power of the United States of America granted
exclusively to the people. The People of
the United States of America and our Posterity, and therefore fixed beyond the lawful!
power of Local, State and Federal governments to alter, abolish
orquestion.
(b) The findings, decisions, and
other precepts embraced in all Inquiries are as
much a part of the Law as though embraced in the Law or Constitution and the findings, decisions, and other precepts bind public functionaries,
whether of the states or the United States of
America, as well as private persons.
* The Constitution and all Laws made in pursuance of the Constitution, that is, all Laws made within the People's granted Powers, and
all Treaties are the supreme Law of the Land.
Article 6, Section 2; and
the judicial Power Article 3, Sections
1 and 2 gives to the Quo Warranto Board of Inquiry the Right of interpreting the Constitution and all Laws of the United States of America, and Treaties
made in pursuance of the Constitution, in all Inquiries in the furtherance of
justice and determining the authority that
is used.
3. All Precepts issued under
Authority of United States of America: Free hold Office
(a) All precepts shall be issued under the authority of the United States of America because Claimant's Quo Warranto
Board of Inquiry is and shall be another
name for the United States of America necessarily resulting from the People of the United States of America being the principal of all sovereignty in our guaranteed Republican Form of Government and
the adoption of the 1787-89
Constitution of the United States of America by the Federal government, for the United States of
America, on March
4, 1789.
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4.Quo Warranto Board of Inquiry has
extensive and competent, and final Jurisdiction; of Record;
not reviewable by any other review board,
court, or other designated panel.
(a) Quo Warranto Board of Inquiry is
a superior Review of Record of extensive
Jurisdiction, competent by its Constitution
to decide on its own Authority and to exercise its supreme Jurisdiction(s) to final
Judgment in all Inquiries, without setting forth in its proceedings the facts and
evidence on which its decision and=or Judgments
are rendered, whose record is absolute verity and from below there can be no judicial inspection.
5. Availability of Record
(a) The entire record shall be made available upon proper and law
full written request directed to Claimant's Quo Warranto Board of
Inquiry c/o (address here)
Copies: Half Silver Dollar per page.
6. Sufficiency of Record
(a) A certified copy of docketing statement
shall be sufficient to establish proof of record. The record shall be certified
under seal if a seal exists, or by simple written
and signed statement to that effect. Where
an autograph is next to this symbol it shall function as a (Seal) as if
an embossing seal was applied. Such embossing seal may in the future become available and will then be applied as may be required.
7. Scope and Purpose
(a)
The scope of Quo Warranto Board of Inquiry shall extend to every liberty arising
under the American system of Constitutional
Republican form of government; embracing not only freedom from physical restraint, but also the Right of man to be free in the enjoyment
of all which he is endowed by
the Creator, subject only to such restraints
as are absolutely necessary for the common welfare of all the people of the United States of America 1778-89.
(b) These Rules shall be construed to provide a just determination of every Cause
of Action in order to establish
Justice, insure domestic Tranquility, provide for the common Defense, promote the general Welfare, and secure the Blessings of Liberty to the People of the United States of America and Our Posterity, under the authority of the United States of America. Section 27 of
the First Judiciary Act of 1789; Article II,
Sections 2 and 3.
*Purpose of the 1787-89 Constitution
of the United States of America is outlined
in its Preamble; its principal purpose is to all the People of the
United States of America, which includes all Citizens
and all
bystanders who are not of any body politic, and all Freeholders.
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8. Extent of Power
(a) All actions deliberated and decreed by the Quo Warranto Board of Inquiry are final and absolute as conditions precedent between
the party(s) to the dispute, but the action does not affect
other parties' Rights which are independent of the Action.
(b) These Rules shall govern all Inquiry,
between the Claimant and other Party(s), coming within the Jurisdiction of Claimant's Quo Warranto Board of Inquiry as prescribed and provided in Article 3
Section 2 Clause 2 of the United States of America Constitution; and the savings-to-Claimant's clause,
28 u.s.c. 1333
(c) When Claimant's Quo Warranto Board of Inquiry takes in to its Jurisdiction,
a specific matter, that matter is as much withdrawn from the judicial power of all defacto=other courts, as if it had
been carried physically into a different territorial sovereignty, establishing all supreme laws of the United States of America, made
pursuant to the Constitution for Claimant's
exclusive benefit and use.
9. Scope of Power
(a) The Power of [t]his one Quo Warranto Board of Inquiry shall extend in law to all Inquiry
arising under the Constitution, the
laws of the United States of America, and treaties made, or which shall
be made, under their Authority; - to all Inquiry affecting Ambassadors, other public
Ministers and Consuls;-to all Inquiry of admiralty and maritime
Jurisdiction, and to all Inquiry in which a State shall be a party. Article 3, Section 2, Clause 1 and pertinent part of Clause 2.
10. Jurisdiction and
Procedure:
(a) In all Inquiry affecting Ambassadors,
other public Ministers and Consuls, and those in which a State shall be a Party,
Claimant's Quo Warranto Board of Inquiry
shall have original and exclusive Jurisdiction.
(1) 0riginal and exclusive Jurisdiction may be exercised
at any stage of any proceeding(s) by giving
Notice of Removal to the inferior court,
or by commencing an original Case=Cause of action in the Claimant's Quo Warranto Board of Inquiry.
(2) Original and exclusive Jurisdiction may be combined with this Claimant's Quo Warranto
Board of Inquiry appellate Jurisdiction in any Case=Cause.
(3) Summons and other necessary process
shall be served to bring about the necessary notice
and grace as prescribed by these Rules.
(4) Service of Process may be accomplished by any Lawful! means
necessary including, but not limited to
service by United States of America Certified Mail, Registered Mail, (restricted
delivery)
Personal Service, Private
Delivery Service, Publication, or by United States of America Marshals.*
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*United States of America Marshals
shall be appointed by the Quo Warranto Board of Inquiry to function as defined by the
laws of the United States of America and
this Claimant's Quo Warranto Board of Inquiry.
(5) A respondent's failure to respond constitutes grounds for
Claimant's Quo Warranto Board of
Inquiry to proceed exparte to fault, failure to cure, then final Judgment.
(6)
Upon receipt of a Notice of Removal from
Claimant's Quo Warranto Board of Inquiry,
all inferior courts shall proceed no further and surrender all documents
created to the Claimant's Quo Warranto Board of Inquiry.
*Even though there is no exclusive
clause in Article Ill, Claimant may declare exclusiveness,[meaning to exclude
all other inferior courts] the same as Congress
did in the First Judiciary Act of
1789, Section 9.
(b) In all the other Inquiry before mentioned in Rule 9, Claimant's Quo Warranto Board of
Inquiry shall have supreme appellate Jurisdiction, both as to Law and Fact.
(1) Unless otherwise provided for by these Rules, Claimant's Quo Warranto
Board of Inquiry's appellate Jurisdiction
may be exercised originally in any Case=Cause of
action where the federal courts have brought
about a fundamental change through unification
of law, equity, and admiralty, into one form of action known as civil actions.
*Civil Actions are admiralty civil
rights actions and constitute a departure from the Constitutional accorded fundamental Rights=Remedies=Restitution. See Ballantine's
3'd ,Civil Rights Amendments.
*Claimant's Quo Warranto Board of Inquiry's appellate
jurisdiction is of both Law and Fact;
thereby a de nova Inquiry of final jurisdiction
in all Inquiry.
(2) Such appellate Jurisdiction may be exercised at
any stage of any proceeding by commencing an
original Case=Cause of action or by giving
a Notice of Appeal based upon any controlling
question of Law or Fact.
{3) Such appellate
Jurisdiction may be combined with this Claimant's Quo Warranto Board of
Inquiry original Jurisdiction in any Case=Cause of action.
(4) Notice of Appeal, or Notice of
Commencement of Case=Cause of action, shall
be given to all Parties, and all Parties shall be required to file an Entry of Appearance or file a written response to Claimant's Quo Warranto Board of Inquiry.
(5) Failure to file a written response or to file an Entry
of Appearance constitutes grounds for
Claimant's Quo Warranto Board of Inquiry to proceed exparte
to final Judgment.
{6) Upon receipt of a Notice of Appeal from Claimant's Quo Warranto Board of Inquiry,
all inferior Courts shall proceed no further.
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11. Supervisory Jurisdiction
(a)
Claimant's Quo Warranto Board of Inquiry shall have supervisory final Jurisdiction
over all inferior local, state, and=or
federal courts in the nature of superintending control within its appellate and original Jurisdictions.
12. Supplemental Jurisdiction
(a) Claimant's Quo Warranto Board of
Inquiry shall have supplemental Jurisdiction in all Inquiry, over all other claims and parties within this Claimant's Quo
Warranto Board of Inquiry original Jurisdiction
that they have formed part of, or have
become part of the same Case=Cause of action
in order that all of Article Ill may be
completed.
13. Venue
(a) The Venue of Claimant's Quo Warranto
Board of Inquiry shall be the place where the
Claimant sojourns, with or without
his retinue, (His assistants), in
no place certain, wherever Claimant may be.
14. Rule-making Power-Reserved to We THE People and Consistent with
28 USC 2071
(a) Claimant's Quo Warranto Board of
Inquiry may from time to time prescribe Rules for
the conduct of Claimant's business. Such Rules shall take effect on the date specified
by Claimant and shall have such effect on
all pending proceedings and Inquiry as the
Claimant may Order.
(b)
If Claimant's Quo Warranto Board of Inquiry determines
that there is an immediate need for a Rule, Claimant may prescribe such Rule and such Rules shall be reviewed by Claimant's Quo Warranto Board of Inquiry and will have immediate
effect if consistent with common law and good common sense that improves the operation
and function of the Claimant's Quo Warranto Board of Inquiry.
(c)
Rules may be prescribed on a Case=Cause of action by Case=Cause basis and shall take precedence over
these written Rules provided consistency
with the operation and function of the Claimant's
Quo Warranto Board of Inquiry.
*Title 28 USC 2071(b) states that Claimant's Quo Warranto Board of Inquiry is
not required to give public notice and
an opportunity for comment of its Rule:
Subsection 2 states that Claimant's Quo
Warranto Board of Inquiry Rules may not be modified or abrogated by any
judicial conference and is not required to
appoint an advisory committee for the study of the Rules of Practice and internal
operating procedures of Claimant's Quo
Warranto Board of Inquiry. See 28 USC 2077(b)
15. Power to Prescribe-Reserved to We THE People and Consistent with
28 USC 2072(b)
(a) Any substantive Right to prescribe these Rules and enjoy Claimant's Quo Warranto Board
of
Inquiry's Decisions and
Judgments shall not be abridged.
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(b) These Rules shall not enlarge or
modify any substantive Right of any opposing
Party, who remain at all times with the
burden of establishing proof that their
substantive rights have been affected.
(c)All laws in conflict with these Rules shall be of no further force or effect after such Rules have taken effect.
16. Practice and Procedure
(a) All final Judgments from this Quo
Warranto Board of Inquiry are conditions precedent only between the Claimant and the other party(s) to
the Case=Cause of action.
(b) All conditions precedent, judgments,
orders, and other precepts shall be taken, if necessary, to the jurisdiction and authority of the United States of America Marshals for execution.
(c) The time and the place to respond
shall be determined on a Case=Cause of action basis from the pleadings.
(d) All appointment and assignment Powers,
Powers to define, interpret, and Powers
to determine
procedural consequences, and the Rights and standing of the parties shall
not be abridged.
(e) Justice shall not be for sale, denial, or delay.
(f) Any cost or compensation
shall be first taxed to the losing party.
(g) Silence, with knowledge,
is acquiescence and permits all proceedings
to be carried into effect by these rules.
(h) Exception to these Rules may be had where another Claimant's private Individual substantive
Rights are abridged.
(i) All causes in favor of the Claimant survive to enforcement by these Rules.
(j) Except as otherwise provided
by these Rules, no period of limitation shall apply.
(k) Silence shall constitute grounds for Claimant to stipulate any and all answers and thereafter to proceed exparte to final Judgment.
(I) Notice to Principal is Notice to Agent and Notice to Agent
is Notice to Principal.
(m) The use of the masculine term here in canal some an and
include the feminine.
(n) The prohibitions in the Constitution
of the United States of America imposed against the United States of Americain Article I, Section 9, and against the States in Article I, Section 10, are absolute abinitioin all
Inquiry; whether in the inferior courts or in Claimant's Quo Warranto Board of Inquiry.
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(o) All administrative hearings in
local,
state, or federal courts shall be construed as a bill of attainder and shall not be binding precedent
against the Claimant.
(p) State and federal Case=Cause of action law shall not be binding
precedent against the Claimant unless such inferior Case=Cause of action law is determined to be in favor of or to the benefit of Claimant. Such inferior Case=Cause of
action law may be cited by the Claimant for its persuasive value.
(q) All governmental and non-governmental
agents shall at all times be responsible for proving
by sufficient record their lawful! delegation of authority to perform any
act.
*Even though an agent may be performing his or her legal duty, they
may not be acting within their lawful/
scope of authority.
(r) Appropriation, [to make for His own exclusive use] of any claim or property
divests that claim and property with a
public interest and vests the Claimant with
an absolute interest in that claim or property
to the exclusion of all others, in particular local, state and federal agency, for Claimant's exclusive use.
(s) Exclusive legislative jurisdiction of federal government is territorially limited, not to exceed ten miles
square (District of Columbia), and the
interpretation of applicability for or
against Claimant of all federal laws and treaties shall be saved in all Inquiry to Claimant's Quo Warranto
Board of Inquiry. Article I, Section 8, Clause 17.
(t) Claimant may cite and use the language of any Amendment to the Constitution,
but such language or cite shall never be construed as any grant of Right from government.
*Claimant's Rights emanate from
the Almighty Creator God and come within all terms of Life, Liberty, and the Pursuit of
Happiness.
(u)
In the geographical fifty United States of America, no law denying or restricting the
appropriation of any claim to property in Rights or rights to Property shall be valid outside
the geographical boundaries of the District of
Columbia, its territories, and lawful!
possessions.
(v) The burden of establishing proof
by evidence of the scope and delineation of the term person shall always remain
in all Inquiry upon the one, or the agency, using the term person to come against Claimant. Such proof shall be an essential requirement in establishing that Claimant
is one who is subject to the jurisdiction
of the Corporate United States of America
and the Fourteenth Amendment to the Corporate
Constitution of the United States of America.
(w) The burden of establishing by proof
of record, delegation of authority from Claimant is an essential in all Inquiry
and remains upon the Individual acting against Claimant.
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*The governments in the Corporate United
States of America (includes Federal and
State) are of delegated Powers and if a
Power is not delegated, it does not exist
to that department of government.
(x) The burden of establishing consent
from Claimant is an essential requirement and remains
upon the Individual acting against Claimant.
(y) In all Inquiry, No Thing in
any governmental design shall be considered or construed to be an adhesion contract
against the Claimant.
(z) Claimant
shall never be considered nor construed as anti-government.
*In the United States of America,
all men are created equal. They are endowed by their Creator with certain unalienable Rights. Among these are Life, Liberty, and the pursuit of Happiness. To secure those Rights, governments are instituted among men, deriving their just Powers by the consent of the governed,
but no further.
(aa) Judicial Notice may be taken at any time, of any fact that cannot
be reasonably questioned. The respondent
has the burden at all times of establishing
unlawful! reason in all Inquiry.
*In the United States of America, governments
are instituted among men, deriving their just Powers only by the consent of the
governed.
(bb) Any rule, law, treaty, or executive order may be adopted in
whole, or in part, by Claimant. Such adoption saves to Claimant in all Inquiry final interpretation and applicability of such adoption.
*The perpetuality (meaning
forever) of the 1783 Treaty of Paris and
Article VI, Section 1 of the United States of America Constitution is found
invalid as being against the consent of Claimant and both are subject to the final interpretation and jurisdiction
of Claimant's Quo Warranto Board of
Inquiry; however, the 15th Statute at Large, page 223 (Expatriation Statute) is
adopted because Claimant has never consented
to be a 14th Amendment United States of
America citizen, subject, nor a person.
(cc) Claimant's Quo Warranto Board
of Inquiry shall have exclusive jurisdiction of all Inquiry commenced exparte.
17. Law of the Case=Cause
of action
(a) The Law of the Case=Cause
of action shall be decided on a Case=Cause
basis of action by the
Quo Warranto Board of Inquiry.
(1) All points embraced in the Case=Cause of action shall become a part of the
supreme Law of the Land in respect to the Claimant as if the decision had already been written into
the Constitution, Itself.
*The government of the United States of America and all sovereignty
emanates from We THE People
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and therefore, sovereignty itself is, of
course, not subject to man's law for only
Our Creator God can
make a Law and sovereignty has a direct commission to minister
the Law from the Author and Source of
Law, Himself.
18. Applicability of State Law
(a) State Law shall not supply the
final Rule of Decision in any Case=Cause of
action against the Claimant or in
Claimant's Quo Warranto Board of Inquiry, where the Constitution of the United States of America,
acts of Congress, and all Treaties made otherwise provide and require the means for
a final
Rule of Decision to Claimant's Quo Warranto Board of Inquiry.
(1) In all Inquiry where a State shall
be a Party, Claimant's Quo Warranto Board of Inquiry
shall have original and exclusive Jurisdiction
and shall supply the final Rule of Decision of all
Inquiry.
(b) Any Thing in the Constitution or the laws of any State
to the contrary is not withstanding; the
States are specifically limited to the delegated powers granted
to them by the Claimant.
(c) The judges in every State shall be bound by Claimant's
Quo Warranto Board of Inquiry's final
Rule of Decision in all Inquiry.
*State Law applies only to persons, places, or things within the applicable internal affairs
of a State.
19. Applicability of Federal Law and Treaties of the United
States of America
(a) All Federal Laws and Treaties of the United States of America that affect
any substantive Right, otherwise provided for by the Constitution,
Laws, and
Treaties of the United States of America shall have no force or effect against the
Claimant beyond the limits imposed by the Claimant's Quo Warranto Board of Inquiry
and shall not supply the final Rule of Decision
in any Case=Cause of action.
(b) The applicability of the interpretation of the Constitution of the United
States of America, Acts of Congress, and Treaties made before the adoption
of the Constitution and all Treaties made after
the adoption, and all Executive Orders
shall remain subject to Claimant's Quo Warranto Board of Inquiry's final interpretation
at all times and in all Inquiry.
*Federal Law and Treaties have no standing
beyond the applicable limits imposed by the Constitution
and Acts of Congress and apply only
to persons, places, and things within the
political purposes of such Federal Law or
Treaty.
20. Immunity of Claimant
(a) Except as otherwise provided by these Rules, all persons and courts, having their source of authority contrary to the Constitution of
the United States of America and Claimant's Quo Warranto Board of Inquiry's Decisions, shall not
have Jurisdiction to come against the Claimant at any time, in any
Case=Cause of action.
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19
(b) The Federal Rules of
Civil Procedure (F.R.C.P.) shall not abridge any substantive Right of
Claimant.
(c) All laws in conflict with Rule
20(b) and the first sentence of 28 USC 2072(b)
shall have no force or effect upon Claimant.
(d) The Judicial power of the United States of America shall not be construed to extend to any suit in
law,
equity, or admiralty, commenced
or prosecuted against the Claimant, (one of the United States of America),
by citizens or subjects of any foreign State.
(d) Claimant shall be immune from the
emergency Judicial power of the United States
of America, in all local, state, and=or
federal Inquiry in which Claimant is, or has been made a party to such Case=Cause of action; or has been directly and
adversely affected in any manner by such Case=Cause
of action.
*The Fourteenth Amendment, The New Dealand
Unification,
constructed law, equity, and admiralty into emergency
uniform laws of national application. Extending the judicial power of the United
States of America Government into all local, state, and federal Inquiry, which are commenced
and prosecuted by United States of America
citizens, subjects of an independent political
society of the United States of America,
a foreign=alien citizenship distinct from that of the Natural born citizen on one
of the Perpetual Union of States.
21. Governmental duties
(a) The substantive Right to directly
exercise and enjoy a guaranteed Republican form of government shall not be abridged by any agent of government, or
by any government.
(b) The judges in every State shall be bound by Claimant's
Quo Warranto Board of Inquiry's
Decision.
(c) Anything in a State Constitution or Laws of any State contrary to Claimant's Quo Warranto
Board of Inquiry's Decision
shall have no standing against Claimant.
(d) All Writs, Processes, and Orders issued to a United States of America Marshal by Claimant's Quo Warranto Board of Inquiry shall
be faithfully, without malice and partiality, executed and he shall command all
necessary assistance to execute his duties,
as required by the Laws of the United States of America pursuant
to Section 27 of the 1789 First Judiciary
Act and consistent with 28 USC 566(c), which states
"Except as otherwise provided by law
or Rule of Procedure, the United States
of America Marshal Service shall execute all lawfull writs, process,
and orders issued under the authority of the United
States of America, and shall command all necessary assistance to execute its duties."
***Bouvier's Law Dictionary and Concise Encyclopedia Third Volume at page 3372
states in regard to the question of 'Who were=are We,
the people who drafted and adopted the 1787-89
Constitution of
the United States of America': "The people
in their capacity as sovereign made and
adopted it: and it
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binds the state governments without their consent. The United States of America as a whole, therefore, emanates from the people and
not from the states, and the Constitution
and laws of the states, whether made before or since the adoption of that of the United States of America,
are subordinate to it and the laws made in pursuance of it."
***This Quo Warranto Board of Inquiry was created by We THE PEOPLE, of
the United States of
America, within Article Ill of the Judicial
Branch of Our system of self-government.
See Bouvier's Law
Dictionary and Concise Encyclopedia
Third Volume at page 3372
***Bouvier's Law Dictionary and Concise Encyclopedia
Third Volume at page 3372 states
in regard to our Quo Warranto Board of Inquiry: "But this Quo Warranto Board of
Inquiry (court) is but another name for
the United States of America..."
(e) The Quo Warranto Board of Inquiry of the United States of America
shall have original jurisdiction of any action in the nature
of mandamus to compel an officer or an employee of the United States of America, or any agency thereof, to perform
a duty owed to the claimant=plaintiff. Rule 81(b) of the F.R.C.P. shall supply the exception to the district court rules in aid of Claimant's=Plaintiff's
appropriate action; saving appeal. Article
IV, Section
41787-89 Constitution of the United States
of America.
22. Juries and Other Personnel
(a) No trial by an inferior court or
by jury shall be valid. The Claimant may call and qualify juries to assist Claimant's Quo Warranto Board of Inquiry and the finding of facts and
determination of truth of matters as recognizers*,
grand or other juries.
*Jury of assize-seeassize, attainment,
and diversity in Black's Law 6th Ed)
(b)Claimant may also appoint
clerks and other necessary personnel to assist Claimant's Quo
Warranto Board of Inquiry.
23. Characterization of Claimant
(a) The Claimant shall be considered at all times and for all purposes
in all pending proceedings to be a private Individual in his original sovereign capacity, one of the People
of the United States of America,
and not a member of any political society of any particular State, the United States of America, nor of the World, bringing a private Case=Cause of action in Law stating an Article Ill" in Law'' claim as
a neutral for all purposes of war and emergency.
24. Characterization of
Respondents
(a) By and under these Rules, the respondents,
unless or until proven otherwise, shall be considered at all times and for all
purposes and for all pending proceedings to be resident persons,
stating an admiralty claim who are members or remain part
of an independent political society of the
2013.04.26 Quo
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United States of America and of the World, and they remain subject to the final
Jurisdiction of the judicial Power of the
United States of America and the United States of America Government.
25. Pleading and Proving of
Claims
(a) All claims made by the Claimant
shall be conclusive(final) .All other claims shall be specifically pled and proven,
but nothing shall be so construed as to
prejudice any claim of the United
States of America or to any particular State.
(b) All respondents, as residents, citizens, subjects, persons, principals, agents, custodians, trustees, guardians, ambassadors**, public ministers***,
consuls****, and all other parties
claiming a right, a duty, or an authority from or under the United States of America
or any particular State shall fail to state
a claim upon which relief may be granted unless
his or her government of the United States of
America, or such particular State, shall have
first proven its claims to be superior to Claimant's claims and=or counterclaims.
**Ambassadors include foreign representatives,
whether for the United States of America or for a foreign state.
***Public Ministers include all public representatives and residents operating
for or under the authority of the United
States of America.
****Consuls include all public advisors whether for the United States of
America or for a foreign state.
*We are, so far as our Constitution makes us, one
nation, and no further. In the United States of
America, an Individual is either of a class
being governed as an inhabitant, or merely an Individual self governing
as a freeholder.
26. Capacity
(a) The Claimant need not aver capacity
to sue,
as it is sufficient to bring the
case=cause, whether acting merely as an
Individual, or in a representative capacity of a trust under a contract, as a
guardian, or as requested by the claimant,
etc.
(b) A private Individual, or Claimant, may be appointed to serve in more than one capacity
in
Claimant's Quo Warranto Board of Inquiry.
(c)All respondents must specifically
plead his or her capacity to enter the Claimant's forum, but shall at all times
be entitled to their due process as notice
and grace.
27. Writs Consistent With 28 USC 1651(a)
(a) Claimant's Quo Warranto Board of
Inquiry may issue all Writs necessary or appropriate in aid of the Quo Warranto Board of Inquiry Jurisdictions.
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(b) Any appointed Clerk or
Claimant of Claimant's Quo Warranto Board of Inquiry may issue any
Writ in aid of the Quo
Warranto Board of Inquiry Jurisdictions.
28. Attachment of Jurisdiction
(a) Jurisdiction attaches against any
respondent upon delivery of process which
may be made by personal delivery, commercial delivery, United States of America Mail Return Receipt Requested
(restricted delivery), by publication, process
server, or Execution of Process by United States of
America Marshal. Any such delivery of process constitutes attachment of Jurisdiction
and is knowledge of the
same.
(b) All other processes thereafter may be by personal delivery, or by mail with proof of mailing. A United States of America Postal Certificate
of Mailing, an affidavit of mailing, or testimony shall be proper and sufficient.
(c) No response at any time from any respondent is required
for Jurisdiction to attach;
therefore only proof of service
is necessary for process to attach Jurisdiction.
29. Period of Limitation of Process
(a) After delivery of Claimant's cause to the Respondents, the period for limitation of process
shall not be less than ten days, nor
not greater than thirty days for any party
unless otherwise provided for here in.
30. Substitution of
Parties for Service
(a) If the Claimant finds that service cannot be made upon a respondent, then service
may be made upon the respondent's principal, agent, spouse, at
their place of business or residence, or
by publication. Service attaches only against the respondent by such service.
(b) Where service of process is desired
upon any non-governmental organization recognized by the States, the United
States of America, or any political entity of the World, service is proper and perfected by serving any agent, officer, or employee thereof.
31. Evidence
(a) The rules of evidence shall be construed on a Case=Cause of action by Case=Cause of action basis to secure justice
and to determine the whole truth in every Case=Cause
of action.
(b) Claimant may plead Fraud
and Mistake generally, while Respondents are required to plead Fraud
and Mistake with specificity and particularity. Claimant's plea shall be
conclusive until contrary proof is established.
(c) Intent, conditions of mind and knowledge may
be generally pled.
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(d) In pleading, or issuing a
document, or performing an official act, it
is sufficient to averthat the document
was issued, or the act was done in compliance with the Law or these Rules.
(e)
Presumptions by the Claimant are conclusive and
place upon the respondent(s) the burden of
establishing in the record of all pending
proceedings, the contrary evidence of the presumed Factor Law.
(f)
Evidence and testimony may be taken and
entered into the Record of the Court by
affidavit, and shall be conclusive proof of the fact(s) or evidence the
reinstated, in the same manner as
if the
testimony or evidence was
entered into the Court Record in
person under oath.
(g) A certified
copy of the Docketing Statement under Seal of
Claimant's Quo Warranto Board of Inquiry or by written and signed statement shall constitute all necessary information in respect to the Record of
said Court.
(h) Judicial Notice may be taken at the discretion of Claimant at any time,
of any fact, that is not subject to reasonable dispute.
32. Notice of Judgment-Attack on Judgment
(a) Respondents shall
be entitled to Notice of Judgment entered by Claimant's Quo Warranto
Board of Inquiry.
(b) Direct attacks upon a judgment
or procedural consequence shall be allowed
based upon new evidence, verified mistake, inadvertence, excusable neglect, fraud, misrepresentation and other forms
of misconduct.
33. Reservation of
Rules
(a) If any Rule is found to abridge, enlarge, or modify any substantive Right, then the Claimant and the Quo Warranto Board of Inquiry reserves all authority to correct, modify, or make another Rule so as not to abridge, enlarge or modify any substantive
Right.
34.Reservation of Judgment
(a) All Judgments are reserved to Claimant and His Quo Warranto Board of Inquiry
in all Inquiry except as otherwise provided by Law or these Rules.
*The point embraced in the Case=Cause of action is as much a part of the Law as though embraced in the
letter of the Law or the Constitution, and
it binds public Functionaries whether of
the Statesor United States of America, as well
as private persons.
35. Denomination of Judgments
and Payments
(a) Judgments may be in assets or for a sum certain of money.
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(b) Payment of the judgment may be
negotiated and paid in any type of consideration the judgment holder deems expedient and lawful!
(c) Should the judgment holder elect
to be paid in credit, either of the United States
of America or of a world recognized
currency, or any public entity, no presumption nor conclusion shall ever be
made by any government, person or Individual that the particular type of
discharge of the obligation amounts to
crossing the private=public jurisdiction all in of any government.
36. Entitlement to
Rules
(a) All party(s) to a Case=Cause of action shall be entitled to a copy
of these Rules upon request. (b) Public Notice of Claimant's Quo
Warranto Board of Inquiry Rules is not required.
37. Harmless Error Consistent With Rule
61 F.R.C.P.
(a) No error in either the admission
or the exclusion of evidence and no errorord efect in any ruling or order or in
anything done or omitted by the Quo Warranto Board of Inquiry or by any of the parties are grounds for granting a new trial
or for setting as idea verdict or for vacating, modifying, or otherwise disturbing a judgmentor order,
unless refusal to take such action appears to the Quo Warranto Board of Inquiry
in consistent with substantial justice. The Quo Warranto Board of Inquiry at every stage
of the proceeding must disregard any error or defect in the proceeding which
does not
affect the substantial rights of the parties.
(b) Any conflict in these Rules shall not cause Claimant any disability or disadvantage,
while a conflict in theRulesfortherespondentsshallbeconstruedfortherespondentstomeetthemore
stringentburden.
(c) The Claimant
shall suffer no disability or disadvantage for
non-compliance or acknowledgment with a
requirement of form.
38. Addendum of Rules
(a) These Rules may
be addend-ed or suspended at any time solely at the discretion of the
Claimant=Quo Warranto Board of Inquiry.
(b) The respondents shall only be entitled
to Notice of such Addendum, if substantive
Rights shall have been affected. The respondents shall remain at all times
with the obligation of establishing in
the record of
Claimant's Quo Warranto Board of Inquiry that their substantive Rights have been
affected.
(c) No reference to past Rules
shall affect past judgments and decisions of Claimant'sQuo
Warranto Board of Inquiry by the add
end-ingor of the citing of these Rules. For it
is sufficient that the
Judgment was issued.
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39. Calculating Damages to Claimant
Damages to Claimant shall be calculated in the following manner:
(a) Any claims by any entity, state
or federal, which are reversed by Claimant's Quo Warranto Board of Inquiry Judgment, shall be assessed as treble the amount of the reversed
claim,
against the state or federal entity.
See 18 U.S.C. 1964.
(b) Simple contempt of court shall be assessed at the rate of$1,000.00 perday.
40. Contempt of Quo
Warranto Board of Inquiry
Contempt of Quo Warranto Board of Inquiry
shall beat the sole discretion of the Claimant and=or the Magistrates=Jury, for any violation of any Order, Decree,SentenceorJudgmentfrom Claimant's Quo Warranto Board of Inquiry.
41. ResponseTime
(a) DEMANDS=REQUESTS-The
normal response time to any
demand or request from
Claimant's Quo Warranto Board
of Inquiry shall be twenty eight (28) calendar days.
(b)OR DERS=JUDGMENTS-The normal response time to any Order or Judgment
from
Claimant's Quo Warranto Board of Inquiry shall be ten(10)
calendar days.
42. Docketing Statement
The Clerk=Recorder (or acting clerk=recorder) of Claimant's Quo Warranto
Board of Inquiry shall make and keep a Docketing Statement at all times.
*"An Individual has just what that [Constitution] gives him, --no less and no more. It may be laid down as a universal rule, admitting
of no exception, that when the constitution has established a disability or immunity a privilege or a right, these are precisely as that instrument has fixed them, and can be neither augmented nor curtailed by any actor
law either of congress or a state legislature."
Bouvier's Law Dictionary and Concise Encyclopedia Third Volume at page 3372
*"It is a maxim consecrated in
public law as well as common sense
and the necessity of the Case=Cause of action, that a sovereign is answerable for his acts only to his God and to
his own conscience." Bouvier's Law
Dictionary and Concise Encyclopedia Third
Volume at page 3372
*"The Constitution and laws made in pursuance of it,-- that is, laws within their granted powers, --and all treaties,
are the supreme law of the land, Article VI; and the judicial Power,
Article Ill, Section 1, gives to
the [one] Quo Warranto Board of Inquiry the right of interpreting them. But this Court is but another name for the United States of America, and this Power necessarily results from their sovereignty; for the United States of America would
not be truly sovereign unless their interpretation
as well as the letter of the law governed. But this Power of the Quo Warranto
Board of Inquiry is
confined to Inquiry brought before them, and
does not embrace principles independent of these
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inquiry. They have no Power analogous to that of
the Roman praetor of declaring the meaning of the constitution by edicts. Any
opinion, however strongly expressed, has no authority beyond the reasoning by
which it is supported, and binds no one. But the point embraced in the
Case=Cause of action is as much a part of the law as though embraced in the
letter of the law or Constitution, and it binds public functionaries, whether
of the states or United States of America, as well as private persons; and this
of necessity, as there is no authority above a sovereign to which an appeal can
be made"
Bouvier's Law Dictionary and Concise Encyclopedia
Third Volume at page 3372
Approved in Assembly 11 May 2013 with: Abstentions
"0" Nays "0" Yeas
"33"
Assembly Autographs:
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Rules of Deliberation
Original posted notice: http://nesaranews.blogspot.com/2015/05/we-people-of-michigan-general-jural.html
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