Motofixxer
Regular Member
This is good definitional material to keep with you. Here is my other thread with more actual Case info
So when someone wants to argue what the Law is, or says, Now you have it.
Reference Material & Law:
WI Constitution
PREAMBLE
We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility and promote the general welfare, do establish this constitution.
Equality; inherent rights. Section 1. [As amended Nov. 1982 and April 1986] All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982; 1983 J.R. 40, 1985 J.R. 21, vote April 1986]
Constitution of the Republic of the United States-
Article 1, Section 10, Sentence 1-
"No State shall.......pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts......."
Article 4, Section 4, Clause 1-
"The United States shall guarantee to every State in this Union a Republican Form of Government . "
Article 6, Paragraph 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 the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwith-standing."
Article 6, Paragraph 3-
"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution......"
Amendment 2-
"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
Amendment 4-
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Amendment 5-
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Amendment 7-
"In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law."
Amendment 9-
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Amendment 10-
"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."
Case Law-
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Ariz., 384 U.S. 436, 491 (1966).
"All laws which are repugnant to the Constitution, are null and void." Chief Justice Marshall, Marbury v. Madison, 5, U.S. (Cranch) 137, (1803)
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S. 230 F 486 at 489 (1973)
"His rights are such as existed by the Law of the Land (Common Law) 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." Hale Vs. Henkel., 201 U.S. 43 at 74 (1906)
"The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.
"Statutes that violate the plain and obvious principles of common right and common reason are null and void." Bennett v. Boggs, 1 Baldw 60
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.
"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right
which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.
Definitions:
"Sovereign" is defined as: "A person, body or state in which independent and supreme authority is vested..." (Black's Law, 5th Edition, P.1252)
"Government: Republican Government: One in which the powers of sovereignty are vested in the people and are exercised by the people either
directly, or through representatives chosen by the people, to whom those powers are specially delegated. In RE: Duncan, 139 U.S. 449, 11 S.Ct.
573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627" (Black's Law, 5th Edition, P.626)
"WE the People...." (Constitution of the Republic of the United States, Constitution of the Republic of Insert State Name)
"The very meaning of 'sovereignty' is that the decree of the sovereign makes law." American Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826, 19 Ann.Cas. 1047.
COURT. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority. Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070; Black's Law Dictionary, 4th Edition, page 425
A "Court" is defined as: (Black's Law, 5th Edition, P.318) "The Person and Suit of the Sovereign; the place where a sovereign sojourns with his regal retinue, wherever that may be."
A "Court of Record" is defined as: "A Court that is required to keep a record of its proceedings, and that may fine or imprisoned."(Black's Law, 5th Edition, P.319)
"A "Court of Record" is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial." Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689.
"Common Law" is defined as: "As distinguished from law created by the enactment of legislatures, Common Law consists of those principles, usage and rules of action applicable to government and security of persons and property which do not rest for their authority upon any express and positive declaration of the will of the legislature". Bishop v. U.S., D.C.Tex., 334 F.Supp. 415,418(Black's Law, 5th Edition, P.251)
A "Court of Record" is a Court which must meet the following criteria:
1. Generally has a Seal
2. Power to fine or imprison for Contempt
3. Keeps a Record of the Proceedings
4. Proceeding according to the Common Law (not Statutes, Acts or
Codes, Policies or Legislation)
5. The Tribunal (Jury) is independent of the Magistrate (Judge)
Note that a judge is a magistrate and is not the tribunal, under the Common Law or Constitution.
The tribunal is either the sovereign himself, or a fully empowered Common Law jury (not paid by the government).
"When it clearly appears that the court lacks jurisdiction, the court has no authority to reach the merits. In such a situation the action should be dismissed for want of jurisdiction." Melo v. US, 505 F2d 1026, 1030
"The judgment of a court of record whose jurisdiction is final, is as conclusive on all the world as the judgment of this court would be. It is as conclusive on this court as it is on other courts. It puts an end to inquiry concerning the fact, by deciding it." Ex parte Watkins, 3 Pet., at 202-203. [cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 SUPREME COURT (1973)]
"Seal"- A Particular Sign or the word "Seal" is made in lieu of an actual Seal to attest to the execution of the instrument. Black's Law, 5th Edition, P.1210
"Record"- A written account of some act, court proceeding, transaction, or instrument, drawn up, under authority of law, by a proper officer, and designed to remain as a memorial or permanent evidence of the matters to which it relates. People ex rel. Simons v. Dowling, 84 Misc. 201, 146 N.Y.S. 919, 920 (Black's Law, 5th Edition, P.1144)
"Tribunal"- The whole body of judges who compose a jurisdiction; a judicial court; the jurisdiction which the judges exercise. Black's Law, 5th Edition, P.1350
"Jurisdiction"- The legal right by which judges exercise their authority. Max Ams, Inc. v. Barker (See "Jury", "Tribunal", "Peers") Also Defined as- "Oath", "Signature".
"Jury"- See "Tribunal & "Peers"- Equals, those who are a man's equals in rank and station; thus "trial by a jury of his peers" means trial by a jury of citizens. Black's Law, 5th Edition, P.1018
“Person”- A man considered according to the rank he holds in society, with all the right to which the place he holds entitles him, and the duties which it imposes. People v. R. Co., 134 N.Y. 506, 31 N.E. 873. The word in its natural and usual signification includes women as well as men. Commonwealth v. Welosky, 276 Mass. 398, 177 N.E. 656. Term may include artificial beings, as corporations, 1 Bla.Com. 123; 4 Bingh. 669; People Com'rs of Taxes, 23 N.Y. 242; quasi-corporations, Sedgw. Stat. & Const. L. 372; L. R. 5 App. Cas. 857; territorial corporations, Seymour v. School District, 53 Conn. 507, 3 A. 552; and foreign corporations,(Blacks Law, 4th Edition, P.1299)
“License”-. Certificate or the document itself which gives permission. Aldrich v. City of Syracuse, 236 N.Y.S. 614, 617, 134 Misc. 698. Permission or authority. Independent School Dist., Class A, No. 1, Cassia County v. Pfost, 51 Idaho 240, 4 P.2d 893, 897; Monsour v. City of Shreveport, 194 La. 625, 194 So. 569, 571; Platt v. Bender, La.App., 178 , So. 678, 682.(Blacks Law, 4th Edition, P.1067)
“Search” Criminal Law-An examination of a man's house or other buildings or premises, or of his person, with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which he is charged. Elliott v. State, 173 Tenn. 203, 116 S.W.2d 1009, 1011. A prying into hidden places for that which is concealed and it is not a search to observe that which is open to view. People v. Exum, 382 Ill. 204, 47 N.E.2d 56, 59. (Blacks Law, 4th Edition, P.1518)
“Search”-Unlawful search. Within constitutional immunity from unreasonable searches and seizures, an examination or inspection without authority of law of premises or person with view to discovery of stolen, contraband, or illicit property, or for some evidence of guilt to be used in prosecution of criminal action. Const.U.S. Amend. 4. Bush v.State, 64 Okl.Cr. 161, 77 P.2d 1184, 1187.
At common law, a search which is unreasonably oppressive in its general invasion of the liberty of the citizen. McClannan v. Chaplain, 136 Va. 1, 116 S.E. 495, 498. An examination or inspection, without authority of law, of one's premises or person with a view to the discovery of stolen contraband or illicit property or for some evidence of guilt to be used in prosecution for crime. Graham v. State, 31 Okl.Cr. 125, 237 P. 462, 464. One which is not lawful. United States v. Snyder, D.C.W.Va., 278 F. 650, 658; Hays v. State, 38 Okl.Cr. 331, 261 P. 232, 234.(Blacks Law, 4th Edition, P.1518)
This is all linked from my New to OC in WI thread
So when someone wants to argue what the Law is, or says, Now you have it.
Reference Material & Law:
WI Constitution
PREAMBLE
We, the people of Wisconsin, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility and promote the general welfare, do establish this constitution.
Equality; inherent rights. Section 1. [As amended Nov. 1982 and April 1986] All people are born equally free and independent, and have certain inherent rights; among these are life, liberty and the pursuit of happiness; to secure these rights, governments are instituted, deriving their just powers from the consent of the governed. [1979 J.R. 36, 1981 J.R. 29, vote Nov. 1982; 1983 J.R. 40, 1985 J.R. 21, vote April 1986]
Constitution of the Republic of the United States-
Article 1, Section 10, Sentence 1-
"No State shall.......pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts......."
Article 4, Section 4, Clause 1-
"The United States shall guarantee to every State in this Union a Republican Form of Government . "
Article 6, Paragraph 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 the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwith-standing."
Article 6, Paragraph 3-
"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution......"
Amendment 2-
"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."
Amendment 4-
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Amendment 5-
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Amendment 7-
"In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law."
Amendment 9-
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Amendment 10-
"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."
Case Law-
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Ariz., 384 U.S. 436, 491 (1966).
"All laws which are repugnant to the Constitution, are null and void." Chief Justice Marshall, Marbury v. Madison, 5, U.S. (Cranch) 137, (1803)
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S. 230 F 486 at 489 (1973)
"His rights are such as existed by the Law of the Land (Common Law) 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." Hale Vs. Henkel., 201 U.S. 43 at 74 (1906)
"The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.
"Statutes that violate the plain and obvious principles of common right and common reason are null and void." Bennett v. Boggs, 1 Baldw 60
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.
"The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right
which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.
Definitions:
"Sovereign" is defined as: "A person, body or state in which independent and supreme authority is vested..." (Black's Law, 5th Edition, P.1252)
"Government: Republican Government: One in which the powers of sovereignty are vested in the people and are exercised by the people either
directly, or through representatives chosen by the people, to whom those powers are specially delegated. In RE: Duncan, 139 U.S. 449, 11 S.Ct.
573, 35 L.Ed. 219; Minor v. Happersett, 88 U.S. (21 Wall.) 162, 22 L.Ed. 627" (Black's Law, 5th Edition, P.626)
"WE the People...." (Constitution of the Republic of the United States, Constitution of the Republic of Insert State Name)
"The very meaning of 'sovereignty' is that the decree of the sovereign makes law." American Banana Co. v. United Fruit Co., 29 S.Ct. 511, 513, 213 U.S. 347, 53 L.Ed. 826, 19 Ann.Cas. 1047.
COURT. An agency of the sovereign created by it directly or indirectly under its authority, consisting of one or more officers, established and maintained for the purpose of hearing and determining issues of law and fact regarding legal rights and alleged violations thereof, and of applying the sanctions of the law, authorized to exercise its powers in the course of law at times and places previously determined by lawful authority. Isbill v. Stovall, Tex.Civ.App., 92 S.W.2d 1067, 1070; Black's Law Dictionary, 4th Edition, page 425
A "Court" is defined as: (Black's Law, 5th Edition, P.318) "The Person and Suit of the Sovereign; the place where a sovereign sojourns with his regal retinue, wherever that may be."
A "Court of Record" is defined as: "A Court that is required to keep a record of its proceedings, and that may fine or imprisoned."(Black's Law, 5th Edition, P.319)
"A "Court of Record" is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial." Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689.
"Common Law" is defined as: "As distinguished from law created by the enactment of legislatures, Common Law consists of those principles, usage and rules of action applicable to government and security of persons and property which do not rest for their authority upon any express and positive declaration of the will of the legislature". Bishop v. U.S., D.C.Tex., 334 F.Supp. 415,418(Black's Law, 5th Edition, P.251)
A "Court of Record" is a Court which must meet the following criteria:
1. Generally has a Seal
2. Power to fine or imprison for Contempt
3. Keeps a Record of the Proceedings
4. Proceeding according to the Common Law (not Statutes, Acts or
Codes, Policies or Legislation)
5. The Tribunal (Jury) is independent of the Magistrate (Judge)
Note that a judge is a magistrate and is not the tribunal, under the Common Law or Constitution.
The tribunal is either the sovereign himself, or a fully empowered Common Law jury (not paid by the government).
"When it clearly appears that the court lacks jurisdiction, the court has no authority to reach the merits. In such a situation the action should be dismissed for want of jurisdiction." Melo v. US, 505 F2d 1026, 1030
"The judgment of a court of record whose jurisdiction is final, is as conclusive on all the world as the judgment of this court would be. It is as conclusive on this court as it is on other courts. It puts an end to inquiry concerning the fact, by deciding it." Ex parte Watkins, 3 Pet., at 202-203. [cited by SCHNECKLOTH v. BUSTAMONTE, 412 U.S. 218, 255 SUPREME COURT (1973)]
"Seal"- A Particular Sign or the word "Seal" is made in lieu of an actual Seal to attest to the execution of the instrument. Black's Law, 5th Edition, P.1210
"Record"- A written account of some act, court proceeding, transaction, or instrument, drawn up, under authority of law, by a proper officer, and designed to remain as a memorial or permanent evidence of the matters to which it relates. People ex rel. Simons v. Dowling, 84 Misc. 201, 146 N.Y.S. 919, 920 (Black's Law, 5th Edition, P.1144)
"Tribunal"- The whole body of judges who compose a jurisdiction; a judicial court; the jurisdiction which the judges exercise. Black's Law, 5th Edition, P.1350
"Jurisdiction"- The legal right by which judges exercise their authority. Max Ams, Inc. v. Barker (See "Jury", "Tribunal", "Peers") Also Defined as- "Oath", "Signature".
"Jury"- See "Tribunal & "Peers"- Equals, those who are a man's equals in rank and station; thus "trial by a jury of his peers" means trial by a jury of citizens. Black's Law, 5th Edition, P.1018
“Person”- A man considered according to the rank he holds in society, with all the right to which the place he holds entitles him, and the duties which it imposes. People v. R. Co., 134 N.Y. 506, 31 N.E. 873. The word in its natural and usual signification includes women as well as men. Commonwealth v. Welosky, 276 Mass. 398, 177 N.E. 656. Term may include artificial beings, as corporations, 1 Bla.Com. 123; 4 Bingh. 669; People Com'rs of Taxes, 23 N.Y. 242; quasi-corporations, Sedgw. Stat. & Const. L. 372; L. R. 5 App. Cas. 857; territorial corporations, Seymour v. School District, 53 Conn. 507, 3 A. 552; and foreign corporations,(Blacks Law, 4th Edition, P.1299)
“License”-. Certificate or the document itself which gives permission. Aldrich v. City of Syracuse, 236 N.Y.S. 614, 617, 134 Misc. 698. Permission or authority. Independent School Dist., Class A, No. 1, Cassia County v. Pfost, 51 Idaho 240, 4 P.2d 893, 897; Monsour v. City of Shreveport, 194 La. 625, 194 So. 569, 571; Platt v. Bender, La.App., 178 , So. 678, 682.(Blacks Law, 4th Edition, P.1067)
“Search” Criminal Law-An examination of a man's house or other buildings or premises, or of his person, with a view to the discovery of contraband or illicit or stolen property, or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which he is charged. Elliott v. State, 173 Tenn. 203, 116 S.W.2d 1009, 1011. A prying into hidden places for that which is concealed and it is not a search to observe that which is open to view. People v. Exum, 382 Ill. 204, 47 N.E.2d 56, 59. (Blacks Law, 4th Edition, P.1518)
“Search”-Unlawful search. Within constitutional immunity from unreasonable searches and seizures, an examination or inspection without authority of law of premises or person with view to discovery of stolen, contraband, or illicit property, or for some evidence of guilt to be used in prosecution of criminal action. Const.U.S. Amend. 4. Bush v.State, 64 Okl.Cr. 161, 77 P.2d 1184, 1187.
At common law, a search which is unreasonably oppressive in its general invasion of the liberty of the citizen. McClannan v. Chaplain, 136 Va. 1, 116 S.E. 495, 498. An examination or inspection, without authority of law, of one's premises or person with a view to the discovery of stolen contraband or illicit property or for some evidence of guilt to be used in prosecution for crime. Graham v. State, 31 Okl.Cr. 125, 237 P. 462, 464. One which is not lawful. United States v. Snyder, D.C.W.Va., 278 F. 650, 658; Hays v. State, 38 Okl.Cr. 331, 261 P. 232, 234.(Blacks Law, 4th Edition, P.1518)
This is all linked from my New to OC in WI thread
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