HOW TO BEAT DRIVING WITH NO LICENCE: U.S. Constitution, Article Six, Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. (The Supremacy Clause of the U.S. Constitution) Marbury v. Madison : 5 US 137 (1803): “No provision of the Constitution is designed to be without effect,” “Anything that is in conflict is null and void of law”, “Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near nullity or a fiction of law.” If any statement, within any law, which is passed, is unconstitutional, the whole law is unconstitutional by Marbury v. Madison. A citizens right to interstate travel has long been recognized as a fundamental right, grounded upon the Privileges and Immunities Clause of Article IV, Section 2, of the United States Constitution. Edwards v. People of State of California This principle encompasses the right of individuals to migrate, resettle, find a new job, and start a new life.Shapiro v. Thompson, 394 U.S. 618, 629, 89 S.Ct 1322, 1329, 22 L.Ed.2d 600 (1969). Mudook v. Penn. 319 US 105:(1943) “A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution and that a flat license tax here involves restraints in advance the constitutional liberties of Press and Religion and inevitably tends to suppress their existence. That the ordinance is non-discriminatory and that is applies also to peddlers of wares and merchandise is immaterial. The liberties granted by the first amendment are and in a preferred position. Since the privilege in question is guaranteed by the Federal Constitution and exist independently of the states authority , the inquiry as to whether the state has given something for which it cannot ask a return, is irrelevant. No state may convert any secured liberty into a privilege and issue a license and a fee for it.” Shuttlesworth v. Birmingham Al. 373 US 262:(1962) “If the state does convert your right into a privilege and issue a license and a fee for it, you can ignore the license and a fee and engage the right with impunity.” United States v. Bishop 412 US 346: Sets the standard for criminal violation of Willful Intent 1. It must be proven that you are the party. 2. It must be proven that you had the method or opportunity to do the thing. 3. It must be proven that you did this with a Willful Intent. Willfulness - “An evil motive or intent to avoid a know duty or task under a law, with a moral certainty.” “Now since the prosecutor does not have a cause of action for which relief can be granted, your Honor, may it please the court, Counsel is specifically precluded performing his major task, therefore, your Honor, may it please the court, at this time, I would Motion most graciously for a dismissal [with] of Prejudice, for failure to state a cause of action for which relief may be granted by this Honorable Court and I would like to collect my cost and fees for having to defend this frivolous complaint, Sir, may it please the court.” Bryars v. United States 273USR 28: “Constitutional provisions, where the security of a person and property are to be liberally construed, and it is the duty of the courts to be watchful for the constitutional rights of the Citizen and against any stealth encroachment therein. When a Federal Officer participates officially with a state official in a search, so that in substance and effect, it is their joint operation, the legality of the search and the use in evidence of the things seized is to be tested in Federal prosecutions as it would be if the undertaking were conclusively the Federal agent.” Boyd v. United States 116 USR 616: “The Court is to protect against encroachment of constitutionality or secured liberty. It is equivalent to a compulsory production of papers, to make the non - production of them a confession of the allegations which is pretended they will prove. The seizure of compensatory production of a man’s private papers to be used in evidence against him is equivalent to compelling him to be a witness against himself, violation of the fifth amendment, and in a prosecution for a crime, penalty or forfeiture is equally within the prohibition of the fifth amendment.” Norton v. Shelby County 118 USR 425: “An unconstitutional act is not law. It confers no rights, it imposes no duties, it affords no protections, it creates no office. It is in legal contemplation as inoperative as though it has never been passed.” “The court follows the decision of the highest court of the state, in construing the constitution and the laws of the state unless they conflict with or impair the efficacy of some principle of the Federal Constitution or of the Federal Statutes or rule of the commercial or general law. The decision of the state court’s in questions relating to the existence of its subordinate tribunals and eligibility in elections or appointment of their officers and the passage of its laws are conclusive upon Federal Courts. While acts of de facto incumbent of an office lawfully created by law. An existing or often held to be binding from reasons of public policy. The acts of the person assuming to fill and perform the duties of an office, which does not exist, can have no validity whatever in law.”
Posted on: Thu, 04 Dec 2014 14:09:42 +0000
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