THESE MINUTES WEREBOARD APPROVED ON

WEEKLY BUSINESS SESSION July 13 2011 530 pm Anne G Basker Auditorium

Present Sandi Cassanelli Chair Simon G Hare Vice Chair and Dwight F Ellis CommissionerAttending Vic Harris Forestry Manager Diane Hoover Public Health Director Terri Wharton Recorder Members of theMedia and Other Interested Persons

These are meeting nunutes only Only text enclosed in quotation marks reports a speakersexact words For complete contents of theproceeding please refer to the audio recording

Pursuant to notice through the media and in conformance with the Public Meeting Law Sandi Cassanelli Chair called themeeting to order at 530pm Items discussed were as follows

1 FLAG FOLDING AND WHAT IT MEANS

Commissioner Cassanelli explained that the Civil Air Patrol was there to demonstrate how to fold a flag whileCommissioner Ellis explained the ceremony and what each fold means Exhibit A

Judy Ahrens read an article on the history of the American Flag2 PUBLIC HEARING In the Matter of Annexation to the ILLINOIS VALLEY FIRE DISTRICT by Petition of

Landowner Without Election and Approval ofa Order 201 1032 Nielsen Lynn E Julie A 102 Forest Creek Road Selma 380734B TL 120 55 AcresCommissioner Cassanelli opened the Public Hearing at 544 pmPublic Comment

None heard

Commissioner Cassanelli closed the Public Hearing at 545 pmBoard Discussion and Action

Commissioner Ellis made a motion to approve Order 2011 032 In the Matter of Annexation to the Illinois Valley FireDistrict by Petition ofLandowner Without election seconded by Commissioner Hare Upon roll call vote motion carried3 O Commissioner EllisysCommissioner Hare yes and Commissioner Cassanelli yes Original tendered forrecording

3 CONSENT CALENDAR

a Canyon Timber Sale Contract 2011T6 between Josephine County and Murphy CompanyVic Harris explained that the Murphy Company was the high bidder on the Canyon Timber Sale which would generateapproximately 130000 in revenues for the County

b IGA between Josephine County and Jackson County for County Health Officer ServicesDiane Hoover said this was a renewal agreement between Josephine and Jackson County to share a Health Officer forPublic Health There has not been a fee increase over the past several yearsCitizen Comment

None heard

Board Discussion Action

CommissionerEllis made a motion to approve Consent Calendar items 3a and b seconded by Commissioner Hare Uponroll call vote motion carried 3 0 Commissioner Ellis yes Commissioner Hare yes and Commissioner Cassanelli

yes One Original Contract and One Original IGA tendered for recording 2 Original Contracts returned to Forestry and 2Original IGAs returned Public Health

4 REQUESTSCOMMENTS FROM CITIZENS

Paul Walter Grants Pass shared his disappointment with Commissioner Hare for not attending a meeting he had agreedto attend

Dale Matthews Grants Pass suggested young people get involved with the Civil Air Patrol for them to be above theinfluence and not under the influence

David Everist Grants Iass he said he had a document for the Commissioners to read and submitted Exhibit B He readand submitted Exhibit C

Mark Seligman Selma discussed the selection process for the Interim Cornmissioner and how Commissioner Hare insistson Harold Haugen and refuses to compromise

Rycke Brown 936 SW Greenwood read and submitted Exhibit D

Judy Ahrens Grants Pass said regarding the candidates discussion she has heard about the need for experience but feltexperience doesnt always trump everything else

Weekly Business Session July 13 2011 Page 2

Larry Ford 136 Ferry Road asked if any decisions have been made on the Title III awards

Jan Ford Grants Pass said she doesnt agree with Mark Seligman called him a name and felt his attitude towardsCommissioner Hare is disrespectful

Rebuttals

Paul Walter David Everist Dale Matthews Mark Seligman Rycke Brown5 MATTERS FROM COMMISSIONERS

Commissioner Ellis said that the Rogue Valley Young Marines is another fine organization for youth He announced theTax Deferral Program deadline lo reapply with the Oregon Department Revenue is July 25 2011 to remain in the programHe said there is a group of community volunteers working in the Illinois Valley on Jubilee Park

Commissioner Hare announced that the Fair Board meeting scheduled for July 14 2011 has been postponed and clarified aquestion Dale Matthews had regarding the hiring of the Fair Manager and felt it was done correctly He thanked JudyAhrens for organizing the groups coming in for the month of July and shared his ideas of freedoms

Commissioner Cassanellil announced current advisory board openings and said the SRS Rural Schools Hearings in DCare taking place tomorrow She encouraged everyone to attend the Fred Kelly Grant Seminars on July 29 and 30

Weekly Business Session was adjourned at 626pm

A NLLATclTerri Wharton Retarder

Entered into record

Exhibit A Commissioner Ellis Flag FoldingExhibit B David Everist The Authority of LawExhibit C David Everist Letters

Exhibit I Rycke Brown Speaking to a Board or Council

f 1 4Folding the Flag Page 1 of 5aji ti

Flag Folding

As an Army and Navy custom the flag is lowered daily at the last note ofretreat Special care should be taken that no part of the flag touches theground The Flag is then carefully folded into the shape of a tricornered hatemblematic of the hats worn by colonial soldiers during the war forIndependence In the folding the red and white stripes are finally wrappedinto the blue as the light of day vanishes into the darkness of night

This custom of special folding is reserved for the United States Flag alone

How to fold the Flag

Step 1

properly fold the Flag begin by holding it waisthigh with another personso that its surface is parallel to the ground

Step 2

6open FdQp

7NillFolded edge

Fold the lower half of the stripe section lengthwise over the field of starsholding the bottom and top edges securely

httpwwwusflagorgfoldflaghtml 772011

Folding the Flag Page 2 of 5

Step 3Folded ooptr edge

Folded edge

Fold the flag again lengthwise with the blue field on the outside

Step 4

open edge

GS Folded edge

Make a triangular fold by bringing the striped corner of the folded edge tomeet the open top edge of the flag

Step 5

a a

Turn the outer end point inward parallel to the open edge to form a secondtriangle

Step 6

The triangular folding is continued until the entire length of the flag is foldedin this manner

Step 7

pr

httpwwwusflagorgfoldflagittm1 772011

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AUTHORITYas

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IV IXb0417 i LAW P

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by the HartfordAssembly Thatthere Thal beno one who

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THE AUTHORITY OF LAW

Copyright March 1996 by Charles A Weisman

Published by Weisman PublicationsBurnsville Minn 55337

PRINTED IN THE UNITED STATES OF AMERICA

CONTENTS

1 SOME FACTS ABOUT LAW 2

What is Law 2

The Source of Law 3

Legislative Authority 4

2 CODES REVISED STATUTES 7

3 THE ENACTING CLAUSE 11

Constitutional Requirements of Laws 11

Historical Usage of an Enacting Clause 12

Mandatory Requirement of an Enacting Clause 16

The Absence of an Enacting Clause Provision in a Constitution 20

4 ENACTING CLAUSES IN THE PUBLICATION OF STATUTE BOOKS 22

5 FEDERAL LAWS AND CRIMES 34

Federal Criminal Jurisdiction 34

The Change from Statute to Code 36

The Nature and Status of the US Code 37

Positive Law 39

8 PROCEDURE JURISDICTION ARGUMENTS 41

Criminal Jurisdiction 41

Subject Matter Jurisdiction 42

Error Versus Usurpation 46

Memorandum And Motion To Dismiss 49

7 OUR NONCONSTITUTIONAL LEGAL SYSTEM 66

Constitutional Avoidance 66

Nonconstitutional Laws 68

Creating an Issue for Trial 70

8 CONCLUSION AND COMMENTS 72

2

1w

Some Facts About Law

What is Law executed Also a law which regulates humanLaw is a concept that we are exposed to all conduct is not always of effect or enforceable

of our lives and which affects our lives and the it is limited or controlled by other laws and

things around us Law is as essential to a well conditions Where a conflict of laws exists the

ordered universe as it is to a stable and just civil superior law prevails Also a law for human

or jural society or a properly kept family unit conduct cannot be enforced where the right ofThat we might better understand how law a person to act differently exists When the

relates to us we need to define what it is or proper law is enforced or upheld it is regardedshould be The following is a definition of law as justice or doing that which is right anti justfrom BlacksLaw Dictionary Law then must have a binding legal force

1 That which is laid down ordained or and an appropriate means for its enforcementestablished or execution to be of any use or importance in

2 A system of principles and rules of human affairs This is because the concept ofhuman conduct law implies a command not an opinion or

3 A rule of civil conduct suggestion Certainly no law would exist or4 A law is a general rule of human action need to exist if there were not those who are

5 A law is a command which obliges a required to follow or obey itperson or persons1 A law regulating human conduct can be of

Law is basically a rule that guides directs two types It can benesafize by prohibiting anor limits the conduct or action of something or act or declaring that it shall not be done or itsomeone which is declared by some authority can be affirmative by commanding or requiringThe physical laws of nature guide direct and an action to be done Most law is of a negativelimit the action of matter and energy There nature Law can also be written or positivethus are laws of thermodynamics electricity such as a statute or constitution or it can be

pressure light magnetism gravity chemistry unwritten such as common law natural lawand other physical laws Our concern with law or international law We will fmd that what we

is its application to ourselves as a rule which r are subject today is not constitutions or even

guides and directs our action or conduct A set legislative statutes directly but a type ofof such laws establishes a jural system or order unwritten law

A law that regulates human conduct has If one is obliged or required to obey a lawattributes similar to physical laws But laws there must of necessity be an authority for theregulating human conduct are distinguished law to exist

from physical laws in that they are not Law in the sense in which courts speak of itself executing as are physical laws Such laws today does not exist without some definite

usually need an outside force to assure they are authority behind it

1 BlacksLaw Dictionary 2nd Edition p 7002 Black White Taxi Transfer Co v Brown Yellow Taxi Transfer Co 276 US 518 533 1927

3

The question we should be asking or authority to place law over us lies not in thelooking into regarding all the oppressive and fact that He is omnipotent or a supreme beingwhat appears to be unconstitutional law is what but rather in our relationship to God Thatis theauthority behind this law The answer relationship lies in the fact that God is ourto this primarily depends upon the source of the creator and pxovider Sir William Blackstonelaw and our relationship to that source expressed this relationship in his discussion on

the nature of laws as follows

The Source of a Law Man considered as a creature must

generally understand that all laws whichnecessarily be subject to the laws of his

We g Y Creator for he is entirely a dependent beingregulate human conduct are either human or A being independent of any other has nodivine according to whether they have man or rule law to pursue but such as he prescribesGod for their author or source Under to himself but a state of dependence willAngloSaxon jurisprudence the law of God has inevitably oblige the inferior to take the will

always stood in pre eminence in relation toof on whom be depends as the rule of

human lawhis conduct And consequently as mandepends absolutely upon his Maker for

Mans laws are strengthless before Gods everything it is necessary that he should inlaws consequently a human law directly all points conform to his Makerswillcontrary to the 3aw of God would be an

God has the authority to make law we areabsolute nullitysubject to because we are His creatures and

While this proposition is quite true and because of our dependence upon Him forimportant it also acknowledges that man is a

necessities of life These things establish asource of law Actually God has in many relationship between us and God making usinstances recognized that this ability or power legally obligated to Him Thus because offor human law does exist as with kings

these relationships God has authority to makepatriarchs or heads of a house laws we must follow

For something to be regarded as a law itSimilar to this is the authority of a parent

must come from a source which has authorityto make laws which a child must follow A

to enact the law If a person is

requireto

thenparent is a law making authority over a child

follow a law of another person or entitynot because the parent is stronger or bigger orthat person must in some manner or c egree beeven more intelligent than the child but

subject to the law making entity Thus thebecause of the relationship between parent andauthority for a law depends on the source of thechild The child was produced by the parent

law and the relationship between that sourceand the one obligated to follow the law Let us

and is dependent upon parent thus when laws

look at some examples of this conceptcome from that source the childs parent thechild is bound to obey The parent has

The prime example of a law making authorit over the child because of the

authority is God We readily acknowledge that re at ofhip that exists between themI3ut thatGod can enact laws which we are obligated to parent does not have authority to prescribefollow But what is His authority to do so rules of conduct for another child as no legalWhy are we required to follow laws of God Is relationship exists between them The superiorit because God is all powerful or all knowing strength and knowledge of that parent does notor because He eternal No it is not Gods give it the right to make law for any child3 Borden vs State 11 Ark 519 526 18514 1 BlackstonesCommentaries 38 p 39

4

An employer and employee have a legal to make rules for an employee of Joes auto

relationship between them that gives the body shop In each case there is no legal

employer an authority to prescribe certain rules relationship between the two partiesof conduct or laws that the employee must

Also according to this principle offollow The employer has authority to make

authority and law is the fact that true lawfulsuch rules not because it has more wealth and

authority is not derived from force or power orassets than the employeebut because the

wealth but from a legal relationship betweenemployee has entered into a legal agreement the two parties involved When laws existwith that employer The same is true With the

because of force or power it is despotism orlegal relationshi between a master and tyranny not authoritative law Many despoticservant The servant is legally bond to follow

governments have existed throughout historythe commands of his master but not those of

because they were based upon the concept ofanother master might makes right Force and power are not

A colonel in the military has the authority a substitute for a lawful relationship God

to make commands or laws that Majors could certainly play the despot and compelLieutenants and privates must obey and obedience by force since He has the power tofollow There is a relationship between them do so But that is not the way God works Hisas they all have placed themselves under a authority comes from legal and s iritualMilitary Code and the Articles of War which relationships between Him and His oplerequires that they will obey all lawful orders ofa superior officer However a private in the Legislative AuthorityAmerican army is not required to obey theorders of a colonel from the German army as Today we have the situation of legislative

there is no legal relationship between them bodies such as the State Legislature or

There thus is no authority for a German colonel Congress existing as a source for making laws

to give him laws or orders to follow The question we face is what is the authorityfor these legislative bodies to make laws we are

A King has the authority to give laws and subject to This can only be answered bycommands which his subjects must follow determin th relationship we have with thebecause of their relationship to the king as legislative body in questionsubjects of his kingdom The king has controlover the land and also provides protection for The fundamental concept of American

the people in his kingdom which creates a legal government is that all political power which

relationship between him an the subject exists resides in the eogle

We thus see that there are many validThe Constitution of Virginia 1776 Sec 2That all power is vested in and consequently

sources of a law but the authority that is derived from the people that magistrates areneeded for one to obey a law or subject to a their trustees and servants and at all timeslaw from a particular source depends upon amenable to them

ones relationship to that source If there is nolegal relationship there can be no authority for Constitution of Massachusetts 1780 611a law A king cannot make peopleot another dower residing originally in theeole and

land or kingdom subject to his laws A generalbeing derived from them the severalmagistrates and officers of government

from England cannot give commands to a buck vested with authority whether legislativeprivate in the American army because there is executive or judicial are their substitutesno common relationship between them The and agents and are at all times accountable

president of General Motors has no authorityto them5

5

These declarations reveal the concept of Thus the legislative bodies are given certain

delegation of powers The people had political powers to enact certain laws within the confinespower or authority and delegated some of it to of certain limitations which the people havethe legislature by declaring in their written agreed to be bound to Whether we regard thisConstitution The legislative authority shall as good or bad wise or unwise or that toobe vested in a General Assembly which shall much or too broad of powers were granted isconsist of a Senate and House of rather academic at this point The fact remainsRepresentatives This entity thus became a that this is the way things are The State

source of legislative authority The people in Legislature or Congress can make laws that weeffect said that this body of men can enact laws the people are subject to as there is a legalfor specific purposesie the promotion of relationship between themhealth safety morals and good order of the y the evidence is clear today that ourpeople or society The US Constitution country has been invaded by a hostile alienenumerates specific topics that can be legislated people who promote a law and religion that isuponie regulate foreign and interstate

contrary to the fundamental lawand Christiancommerce enact certain taxes establish

foundations originally established in this landstandards etc Thus the legislative bodies

They can be called socialists communistsderived certain powers from the people

slobalists anti Christs and subversives but

The above declarations also reveal the their objectives are to enrich themselves bynature of the legal relationship that exists controlling our life liberty and propertybetween the people and those in government Their agenda and objectives cannot beGovernment employees are the substitutes or implemented within the established frame ofagents or servants of the people Thus is constitutional government Thus they havea contractual relationship that exists between laws enacted which are oppressive contrary tothe people and the Legislature The people individual right and which build up ahave in effect hired or co zed certain socialisticalistic type of governmentindividuals to occupy and to perform certain

These subversive anti Christian peopleduties and functions within the offices and

knew they could not gain control of the countrydepartments named in the Constitution s

by force or revolution as they did in Russia anddoing these duties and functions they are to

France They thus had to find a legal means toconform to fundamental law rights andcommon law concepts such as due process and

recreate or reestablish government but done

the things prescribed in the writtenin such an indirect and clandestine manner so

that no one would detect the change The resultConstitution

of their actions is a government that is corruptWe thus are bound to the valid laws of the arbitrary and oppressivesivebut without being

legislative bodies named in a constitution or unconstitutio necessary step incity charter We are not bound to the legislature achieving this objective was their restructuringby its terms but by our own terms as Justice of the entire economic system of the country byWilson of the US Supreme Court said the Federal Reserve Banking system a system

The only reason I believe why a freeman which they essentially ownis bound by human laws is that he binds

The established legislative bodies posedhimself6several obstacles and limitations on the plans

5 Thorpe The Federal and State Constitutions Washington 1901 7 vol6 Chisholm v Georgia 2 Dallas 2 US 419 456 1793

6

of these subversives and thus could not be as used in constitutions to mislead people intodirectly used by them as a lawmaking source thinking they are constitutional courts whichThis is because these legislative bodies were the people endowed with power The court

1 an agent of the people and is answerable exists by statute or grant of the le islatureto them 2 were subject to the limitations set just as aFcorporation exists by statuteout in the constitution 3 they could notviolate the fundamental rights which the The legislatures have also created an

constitution was formed to protect 4 they executive body to enforce the corrupt and

had to conform to due process as it existed oppressive laws We thus have police highwayunder the AngloSaxon common law and 5 patrol Federal marshals ATF agents etc

they can only enact laws in the manner and which exist by a commission or agency and

process prescribed by the Constitution whose powers come from statutes not theconstition or common lawT makeake matters

These legislative limitations pose someworsesomehow the subversive elements in our

severe problems for the corrupt power eliteland have establish a new source of law other

who wished to control the life liberty andthan the State Legis a re anongress

property of the people of this country Thus toget the oppressive totalitarian type of laws T cause or reason for how this all came

enforced upon the people of America they about is actually a theological issue and not aneeded to get laws passed by another source legal issue God certainly does allow or causeother that the State Legislature or Congress but oppression to come upon a people for theat the same time make it appear as though the urpose of testing them or as just punishmentlaws were actually laws of the State Legislature In doing so it becomes necessary that the peopleand Congress turn to God and rely on Him for deliverance

from such oppression The complexity andSince they could not directly use the currentintricacies of the legal political and economic

legislative bodies to do things their way they problems we face today could not have been theused them in an ect means to create not

sole work of human design and effort Theonly a new source of laws but to create newsubverters could opossibly be behin every

executive and judicial functions as well This unlawful act and control all the things that havewas done by getting the current legislative made up the currentcorrupt legal system Suchbodies to create artificial legal entities

a feat could onlycome about by the providenceboards commissions bureaus agencies of Godand trusts which exist by statute instead of by

the constitution or common law The intent A legal explanation can explain the naturewas to have these legal entities assume the role of things and what has or has not happened toof governmental functions or financial ones as make things unlawful but the cause is a

was done with the Federal Reserve Board in spiritual question which is not within the scope1913 or educational functions as was done with of this material This material is to show the

Ithe NEA debauched and illegal nature of the laws used

today in criminal proceedings This was

These subversive forces in our midst thuslegally done by creating commissions that

got the legislatures to recreate a new judicial would revise codify and rewrite the lawssystem We thus have courts that have been

of the legis azure apass them off as beingestablished or reorganized by legislative laws of the State or Congress We thus needstatute They create new courts and endow

to look into these codes and revisions ofthem with their judicial powers Sometimes

statutes to see their true nature in light ofthese courts will be called by the same names fundamental law and the Constitution

7

2

Codes Revised Statutes

During the 19th century the concept of Alabama court had stated that its criminal code

codes was introduced as a means to classify enacted in its state was not within the letter or

andorganized a group of laws related in subject spirit of the mandate of the constitutionmatter into one published volume These type nor can it be supposed that it was within theof codes included such things as a code of civil contemplation of the framers of the

procedure a code of criminal procedure a constitution The Court also said that the

penal code a code ofprobate courts a building code was done for the sake of conveniencecode a private corporations code etc These

What ever has been said or could be said ofcodes then covered one specific subject or

these specificsubject codes in a negative sensesubject area

Much more could be said of the moderndayAs the use of these codes became more comprehensive codes or revisions These

widely used there resulted considerable debate works are a revision of all the statutes of the

over their validity and usefulness A state or nation and thus embrace every subjectsummation of the arguments for and against in a multivolume publicationthese codes is listed in Wests AnnotatedCalifornian Codes vol 1 in which it discuses To understand the nature and validity of

the Development of the Law in California todaysmodern codes and revisions we need

It mentions the objects of modern codification to understand the established or constitutional

as laid down by David Dudley Field who was method of enacting and publishing lawsthe pioneer advocate of codification His views When laws are passed by both houses of aon codification as expressed in 20 Amer Law legislative body the bill is sent to the governorRev 1 1886 were that codes would make it or president to sign If it is signed the enactedeasier to find the law and would keep judges bill would go to the office of the Secretary offrom making laws judicially But the writers State who is the keeper of all officialof this annotation did not see these objectives government documents and records Ikebeing fulfilled in modern times Secretary o lateis the one who possesses the

The history of lawmaking in California state seal or national seal and affixes that seal

demonstrates that the hopes expressed by to the true and valid documents and records that

David Dudley Field have not been fully come to his office Most State Constitutions

attained even in our comprehensive program prescribe these facts Thus the laws passed byof codification judges still engage in the the legislature which are generally recognizedmaking of law the ordinary citizen is still

as such are those that are issued or publishedlost and often bewildered among the myriadof Iaws and finding the law is yet often a by the Secretary of Statelaborious process for even the experienced We consider that the Secretary of State haspractitioner an indisputable legal duty to publish validly

Many debates also existed regarding the enacted laws a duty imposed upon him byArticle IV Section 4b of the Florida

leg ity or constitutionality of such codes An

1 Ex parte Thomas 21 So 369 370 Ala 1897

8

Constitution requiring him to keep themethod of simplifying the way they were

records of the official acts of the legislative published needed to be devised Thusand executive departmentssometimes the laws were reorganized and

As to whether a bill has become a law or recompiled into other books to get rid of thenot the fact that the publication was verified ruled and unconstitutional laws Theseby the Secretary of State is proof that it has compilations were usually done by the

The publication of an act in the volume of Secretary of State since all the records were insession laws of the year in which it purports his office

to have been approved and verified by thesecretary of state creates a presumption that The Statutes at Large and Session laws areit became a law purs ant to the requirements themselves a compilation of laws But aof the constitution revision or codification is very differentAs more laws became enacted the usual or

from a mere compilation They are differenttraditional mode of recording and publishing because they are written or drafted by athem had gradually undergone a change

legislative source Further the laws are notThe acts passed by each legislative session

just compiled together they are altered andof Congress or of a state legislature arecompiled at the end of the session in what is modified along with additions or deletionsknown as the Statutes at Large in the made to the contents It then is passed off asnational government or as Session Laws the laws of the Legislaturein the states After a few years it becomesvery difficult for judges attorneys and the In a case in Kentucky we have an examplegeneral public to know what the law is of this change in the publication of laws InAmendments have been made many sections 1894 the first compilation of the laws washave been repealed and even the legislators conducted by private editors This was justare often at a loss At such time a compilation

a reorganization of the existing laws This typemay be made This is simply a gatheringof compilation continued up to 1935 In 1936together usually into a single volume of all

the laws in effect in a given jurisdiction the legislature directed and empowered theChanges in punctuation and spelling may be Governor to appoint a committee selectedmade and repealed as d unconstitutipnal laws from a list submitted by the Board ofeliminated but little more If a more Commissioners of the Kentucky Bar hisconstructive result is desired a revision orcodification may be ordered4 committ of la ers then revised codified

annotated and published theiwrork calling itSo the laws of the state have traditionally the Statute law of Kentucky But this work

been published by the Secretary of State in awas not much more than a compilation since

book titled Session Laws or in some cases the act authorizing it provided that theActs or Resolves of the State while the Committee should not alter the language oracts of Congress were always published in the sense of any act of the General Assembly InStatutes at Large But the law making 1943 this provision was removed and thefactories of the State a islatures and Congress definite8 Legislature called fora definite plan forhad created a problem with the mass of laws revision and publication of the statutesthey enacted It became difficult to keep track

Thus the Legislature was getting away fromof all these laws so it was decided that a newthe idea of a mere compilation It

2 Florida Optometric Assn v Firestone 465 So2d 1319 1321 19853 Bound v The Wisconsin Cent Ry Co 45 Wis 543 18784 Harvey Walker Law Making in the United States NY 1934 p 268

9

empowered the Committee to prepare and approves a city charter The laws and chartersubmit a complete revision broader in its are not regarded as those of the Legislature orscope and more comprehensive in its

as laws of the State While the laws which thepurpose

committee drafts are based upon originalThe Legislature was giving yaore power and statutes of the Legislature they are a complete

authority to this committe it had restatement of them New material is addedcommissioned to revise the laws of the state items are removed provisions are modifiedThis change was noted by state Supreme Court That which results is in legal parlance the laws

The Kentucky Revised Statutes were of this artificial legal entity known as Thetherefore enacted as the law of the Commission o Revising Statutes or ReviserCommonwealth and not adopted as a of Statutes This legal entity is no differentcompilation The distinction is important than a corporation or any other legal entity thecormelation is merely an arrangement andclassificaa ionof the legislation of a state in legislature created or commissionedthe exact form in which it was enacted with The laws which this entity writes cannot beno change in language It is merely a

de the lawful statutes of the Static Thisbringing together in a convenient form of thevarious acts of legislation enacted over a is especially so since the various Constitutionsperiod of time It does not purport to restate of the land specify how each law is to come into

law or to be a substitute for prior laws being It was never the intent that such aIt does not require any legislative action in comprehensive mass of legislation containingrder to have the effect it is intended to have every law of the State should be passed in one

A revision on the other handact would be the mode for making laws Therecontemplates a redrafting and simplification

of the entire body of statute law A are inherent problem associated with thisrevision is a complete restatement of the law method as explained by one legal writerIt requires enactment by the legislature in

The usual practice is to introduce the revisionorder to be effective and upon enactment itbecomes the law itself replacing all former of statutes as a single bill sending it

6 through the same process as any other bill

rstatutes6 Obviously however the members of theWe thus have a committee of lawyers re legislature cannot give such a comprehensive

cre ing the laws of the state Such committees measure adequate consideration It is almost

the new source of law in the as difficult for a committee to do sohave become

nation While the legislature will enact the When the mass of laws from the committeerevision into law this is no different than is complete the legislature is to approve it aswhen the legislature approves the bylaws of a a single statute but because it is so massive notcorporation The laws of the corporation do one single legislature will read the new body ofnot become 1 ws of the legislature because of law There are no discussions in the legislaturethis Rather they are laws of the artificial legal on any of the hundreds of new or revised lawsentity or co ra ton w ich the legisatto of the committee Further it is required bycreate bus as t e Revised Statute of fundamental law and constitutional mandatesKentuc are laws of the cial le al out

that a bill be read on three separate days in theor commission that the legislature created

legislature This is impossible with theThis process is also no different than when comprehensive codes that have been adopted in

the Legislature authorizes the laws of a city or modern times There thus is no real

5 Fidelity Columbia Trust Co v Meek 171 SW2d 41 43 44 19436 Ibid p 447 Walker Law Making in the United States p 272

10

opportunity for citizens to raise questions or such as with codes But whenever governments

objections in the legislature to the numerous do things for convenience sake they usuallylaws they will be subject to No one knows transcend

constitutionlimitations or trespass

what is contained in the revision of laws The on individual rights The desire to have easy

unknown contents is revealed by the textual arrests without the need of a warrant is one area

errors discovered afterwards as Walker states in which government has done thin s which are

Many revised statute bills are voted through more convenient but are unlawful

only for the members to find later numerous The completely comprehensive revisionsjokers and unwise provisions which must

which embrace every law of the state firstthem be repealed or amendedand theprocess of change oes on appeared in the 1940s Walker states that at

the time of his writing 1934 No AmericanAgain we have to ask is this the mode and

state has a complete code9

That is no stateprocess intended by the framers of the

had yet adopted a comprehensive revision of allConstitution for laws to come into existence

statutes We saw that Kentucky adopted itsTh this is a highly questionable process is

comprehensive revised statutes in 1943revealed by fact that several states have

Minnesota adopted a revision in 1945 Illinoisgotten amen ents to the State constitutions and Missouri in 1939 and Virginia in 1950passed which allow for a codification oflaws This indicates this procedure and The mass of laws written by revisers and

concept is not in line with traditional codtfiers is not the law of the legislature even

constitutional methods for enacting laws when approved by it They were not enactedin the mode intended by the terms of the

Enacting and changing laws for a state S41110ition Also since we have no legalaccording to the Constitution falls upon the relationship to the commission or committlegislative branch of government and that that drafted the code or revised statutes itbranch cannot delegate the power to any other would seem the laws they write have noThe Code Commissioners or a the Revising authority over us This is made clear by the factCommittee may be composed of some that these comp ehensive codes and revisionsmembers of the Legislature but are also have sign no authority which all law is requiredcomposed of lawyers judges and private to have

persons jtthus has been noted that revisers

have no le islative authority and are thereforeWhen we look at the specificsubject codes

powerless to lessen or expand the letter oror the ancient codes of the past such as the

meaning of the lawgCode of Justinian the Roman Twelve Tables

or the Napoleonic Civil Code we find in their

Thus the work of these committees cannot contents or on their face the authority by whichbe regarded as law pursuant to the Constitution they existed or were promulgated The

The law they produced is another manner of specific subject codes had what is called anlaw coming from a source other than the enacting clause which is an officialConstitutionally authorized source These declaration of authority and authenticity Thecomprehensive revisions or codific ions are modern day codes have no such declaration oflike a private law approved by the legislature authority on their face or contents We thus

Governments like individuals tend to do need to look further into this keyssue ofo

thing just because they are convenient and easy authority by way of an enacting clause8 State v Maurer 164 SW 551 552 255 Mo 152 1914

9 Walker Law Making in the United States p 272

11

3

The Enacting Clause

Constitutional Requirements will first examine the enacting clause as this isof Laws the main item that directly relates to authority

All written constitutions prescribe the modeof law

and process of making laws This includes the An enacting clause sometimes called anreading of the bill on three different days in enacting style or enacting authority is that parteach house that if passed it is to be signed by of a law which usually come after thet andthe speaker of the house and by the president before the bo4y of the law The followingof the senate the recording of the votes upon shows the manner in which this provision isthe journal being signed by the governor or prescribed in some of our state constitutionspresident and other such procedures

CONSTITUTION OF CALIFORNIA1879But the constitutions also regulate the form SECTION 1 The enacting clause of every law

and style in which laws are to be enacts shall be as follows The People of the Statemakthiem laws of the State The form and of California represented in Senate and

style are regarded as essential parts of the law Assembly do enact as follows

and thus must be included at all times with theCONSTITUTION OF INDIANA

law to make it a valid law Laws or statutesSECTION 1 The style of every law shall be

traditionally have had three main parts Be it enacted by the General Assembly ofThe three essential parts of every bill or law the State of Indiana

are 1 the title 2 the enacting clauseCONSTITUTION OF TEXAS1876and 3 the body

29 The enacting clause of all lawsThe title and enacting clause of a law are shall be Be it enacted by the legislature of

two aspects of its form and style which are the State of Texasnecessitated by both fundamental law andconstitutional mandate Titles and enacting CONSTITUTION OF NORTH

CAROLINA1876clauses have been used m the process of making SEC 21 The style of the acts shall be Thelaws long before America was a country But General Assembly of North Carolina dowhen the comprehensive Revised Statutes enact

started to be used the titles and enactingThe Constitution for the United States does

clauses disappeared from the records andnot prescribe an enacting clause but Congresspublications of the laws A look and anyhas from the beginning used such a clause onmodern Revised or Codified State Statute bookall congressional laws The style which has

or the United States Code will reveal that thepreceded all laws ofCon ess is Be it enacted

laws within them have neither titles norby the Senate and House of Representatives ofenacting clauses What does this mean Wethe United States ofAmerica The Supremehave to look at these areas specifically to see

Court of Georgia in 1967 said that thethe ramifuaziszns they have on the authority ofconstitutions of 46 states specify the form oflaw as found in these codes and revisions We

1 H Walker Law Making in the United States p 316 Some laws also have an optional preamble after the title

12

the enacting clause Only the constitutions of The enacting part of a statute is that which

Delaware Georgia Pennsylvania and declares its enactment and identifies it as an

Virginia as well as the Constitution of the act of legislation

United States are silet on the point The Since the Legislature is given certain lawCourt also stated the function and purpose of making authority and not any other body orsuch a provisions agency an enacting clause is necessary to show

The enacting clause is that portion of a statute that the law in question comes from that duly

which gives it jurisdictional identity and assemble Legislature If any law is to have

constitutional authenticity The purpose authority behind it it must have an enactingof an enacting clause is to establish the act clause preceding itas is required by theto give it permanence uniformity and constitution and fundamental lawcertainty to afford evidence of its legislativestatutory nature and thus preventinadvertence possible mistake and fraud Historical Usage of An Enacting

The enacting clause gives a statute itsClause

constitutional authenticity which makes its An enacting clause of some sort has longuse essential since the constitution is the source been used toprface order or commandof the legislatures authority for enacting laws so as to declare or make known to all concerned

A law cannot be regarded as coming from a the source of the law and thereby the authorityconstitutionall authorized source if it does not for that law or order to exist Qt is in effect a

have an enacting clause The enacting clause statement of the name of the authority that

provides evidence that the law which follows is enacted the law affixed to the law or is on itsof the proper legislative source or jurisdiction face to make it clear that all which fo lows isThis function and purpose of such a to be law from that authority so namedconstitutional provision has often been The almost unbroken custom of centuries has

expressly stated been to preface laws with a statement in some

What is the object of the style of a bill or form declaring the enacting authority The

enacting clause anyway To show the purpose of an enacting clause of a statute is

authority by which the bill is enacted into to identify it as an act of legislation by

law to show that the at comes from a place expressing on its face the authority behind

7pointed out by a Constitution as the sourcethe act

of legislation The use of an enacting clause is one of theThe enacting clause is a short formal oldest concepts used in the process of issuingstatement appearing after the title indite or enacting a laws edicts and commands totthax all whichMies sjoincome lmjais1 identify the source and authority for the law Itgiven authority by which the law ismade There is no cxc se or not using it

was perhaps first us y God Himself whenHe issued a command directive or law Thus

The enacting clause is the section of a billwhen God gave Israel the Ten Commandments

or statute which establishes the wholeit was made known to Israel the source and

document as a law5 authority of these laws

2 Joiner v State 155 SE2d 10 223 Ga 367 1967

3 Ferrill v Keel 151 SW 269 272 105 Ark 380 1912

4 Harvey Walker The Legislative Process NY xxxx p 3465 Pearce v Vinton 61 NE 1116 1117 193 M 192 1901

6 State v Reilly 95 Atl 1005 1006 88 NJ Law 104 19157 73 American Jurisprudence 2d Statutes 93

13

I am the LORD thy God which brought you Sometimes such statements also appearedout of the land of Egypt from the house of after the laws of God were read or stated asbondage with the food laws which concluded For I amThou shalt have no other gods before me the LORD your God Lev 1144 see also theThou shalt not make for yourself any graven laws in Lev 19 But in any case Israel alwaysimage knew by what authority the laws they were to

Thou shalt not take the name of the LORD follow were enacted Even before this timethy God in vain when God dealt with the patriarchs we see God

Keep the Sabbath day to sanctify it8 making a formal declaration of His identity

That which is italicized is essentially theand authority

enacting clause for the Ten Commandments It And when Abram was ninetynine years oldthe

states or identifies the source of the laws that LORD appeared to Abram and said tocame not from just any god but

I the Alinighty walk beforefollow They J Y g me and be thou perfectfrom the God which brought Israel out ofEgypt That which follows the statement of At the outset of his communication with

authority is the body of the law When Abraham God mikes a statement of His

additional laws were given by Moses he made identity Thus it was known to Abraham and toa statement of the authority for the laws all of us who read scripture that the terms of

the covenant that followed were by theNow these are the commandments the

authority of Almighty God and not of anystatutes and the judgments which the LORDyour God commanded to teach you that you

man or king or government

might do them in the land where you go to This concept of an enacting authority waspossess it9 used by every king end ruler when they issuedAnd Moses gathered all the congregation of their laws decrees or proclamations We thusthe children of Israel together and said to see that when Cyrus king of Persia issued histhem These are the words which the LORD written proclamation for the return of thehas commanded that you should do them Israelites back to Jerusalem and the rebuilding

of the Temple he prefaced the proclamationAnd Moses said to the Congregation This with these words Thus says Cyrus king ofis the thing which the LORD commanded to Persia 13be done

We again see a type of enacting clause inThese were all enacting clauses for thethe letter of king Artaxerxes to Ezracommandments and laws which followed

Through these statements Israel knew the authorizing hint to being the people of Israel to

authority behind the laws They were not just Jerusalem and directing what should be done

something Moses made up They did not comeand observed The letter starts as follows

from Pharaoh or the king of Mesopotamia Artaxerxes king of kings To Ezra theThey were not laws of the Baal god They came priest I issue a decree that all those of

from Jehovah God the people of Israel Ezra71213

8 Exodus 2028 Deuteronomy 5612

9 Deuteronomy 61

10 Exodus 351

11 Leviticus 85

12 Genesis 171

13 Ezra 12 2 Chronicles 3623

14

The Caesars and Emperors of the Roman HENRY by the grace of God king of

Empire had always prefaced their edicts and England and France and lord of Ireland Toall to whom these presents shall comecommands with a statement containing their 16Greeting

name to show the source and authority for thelaw Thus when Constantine issued his edict to When one would read these documents it

suppress soothsayers it started by stating was immediately known from what source the

The Emperor Const ntine Augustus toorders or laws came from and thus what was

Maximus No soothsayer may approach histhe authority behind them When Parliament

neighbors threshold even for any other developed into a true law making body around

purpose 1440 their use of an enacting clause became a

In the early mid le a es in Europe regular part of English statutes to this day A

4761000 AD the erovin ian and the typical act of Parliament from the reign of King

Carolongian kings would often form councils George III about 1792 reads as follows

to help regulate civil orl ecclesiastical matters Be it enacted by the Kings most Excellent

The decrees would often name the king and Majesty by and with the Advice and Consent

council and state We do ordain of the Lords Spiritual and Temporal andCommons in this present Parliament

A statement of enacting authority was assembled and by the Authority of the same

always used in the royal decrees and commands That there shall be no Drawback or

of the kings of England Thus Magna Carta allowance paid on the Exportation

1215 begins with the lame of the authority This enacting clause made it known to allwhich adopted and issued it by what authority the law before them was

JOHN by the grace of God king of enacted The American colonists were of

England lord of Ireland duke of course well familiar with Parliamentary formsNormandy and procedure in passing laws When

The Statutes of Westminster which were self representative bodies started to appear in

issued in 1275 by king Edward I begins America the use of an enacting style was alsoThese be the acts of king Edward son to king used by them The first Assembly of Virginia

Henry made at Westminster In the was convened July 30 1619 by GovernorOrdinance ofthe Staples 1353 by Edward III Yeardley under the authority of the Virginiathe decree begins Company and marks the beginningof

EDWARD by the grade of God king of representative government in America The

England and of France and lord of Ireland Assembly framed the Ordinance For Virginiato all sheriffs mayors bailiffs ministers July 24 1621 which starts with these wordsand other our faithful People to whom these An ordinance and Constitution of thepresent letters shall come Greeting Treasurer Council and Company inWhereas 15

England for a Council of State and GeneralIn the Letters of Patent to John Cabot Assembly To all people to whom these

1496 granting the use and specifying the Presents shall come be seen or heard 18conditions for certain lands discovered in The document thus starts off by declaringAmerica it states the authority for the law which follows In

14 Henry Bettenson Documents of the Christian Church 2nd edition Oxford University Press 1963 p 2515 Select Documents ofEnglish Constitutional History edited by G Adams H Stephens Macmillan Co London 1926

pp 68 124

16 Thorpe Federal and State Constitutions Washington 1909 vol 1 p 4617 32 George M c 60

15

another famous document of self government act regulating marriages in the colony ofthe Mayflower Compact begins as follows Carolina in 1715 had this enacting style

IN The Name of God Amen We whose Be it Enacted by the Plantation Lords

names are underwritten Do by these Proprietors of Carolina by with the

Presents solemnly and mutually in the consent of this present Grand Assembly andPresence of God and one another covenant the authority thereof that any two personsand combine ourselves together into a civil desirous to be joined together in the HolyBody Politick Estate of Matrimopy

The compact sets forth some general In the Pennsylvania Charter of Privilegesprinciples that are to constitute a government 1701 the document starts out by declaring thein the colony which those of that colony are to source and authority for the provisions of thebe under and follow As to the authority by charter William Penn Proprietary andwhich this is established it states we whose Governor of the Province of Pennsylvania andnames are underwritten Territories Neatly all the various colonial

In 1692 the Massachusetts Bay province assemblies proprietors governors and

enacted a law for the punishing of variouscouncils which estalished laws charters and

capital laws which included idolatry governments declared their authority in theirwitchcraft blasphemy high treason murder

decrees

poisoning sodomy bestiality rape arson and At the time of the American Revolution thepiracy The act as found in the original statute colonists regarding themselves as free andbook reads as follows independent formed governments for

CHAPTER 19themselves So just like the MayflowerCompact we also find some statement of

AN ACT FOR THE PUNISHING OF CAPITAL authority for the people to ordain a governmentOFFENDERS

in a type of enacting clause as used in the USBe it ordained and enacted by the Governor Constitution We the people of the UnitedCouncil and Representatives in General States The same concept is found in everyCourt assembled and by the authority of the

state constitution We therefore thesame

representatives of the people do ordainThat all and every of the crimes and offenses

and declare Coast of Georgia 1777 orin this present act hereafter mentioned be andWe the people of the State of Alabama inhereby are declared to be felony and every

person or persons committing any of the said order to establish justice Coast ofcrimes or offenses being thereof legally Alabama 1901convicted shall be adjudged to suffer thepains of death19 All state constitutions now start with an

The enacting clause appeared right after theenacting statement that identifies the authorityfor their existence Consequently the framers

title but before the body of the law All lawsof these constitutions also required that the lawsfrom the Assembly were prefaced with such anof the legislature also be prefaced with an

enacting clause Thus every person reading enacting clause to show the authority for itsthem knew from what source the laws came and

laws as has been done throughout historyby what authority they existed Likewise an

18 Documents ofAmerican History edited by Henry S Commager Appleton New York 1949 p 1319 The Acts and Resolves of the Province of the Massachusetts Bay Wright at Potter Boston 1869 vol I p 55520 The State Records of North Carolina edited by Walter Clark Nash Brothers Goldsboro 1904 vol XXIII p 121 Commager op cit p 40

17

When something is directory its usage is The Supreme Court of Arkansas had ononly an advisable guide and can be ignored several occasions ruled on the necessity of anBut the requirement of an enacting clause is enacting clausebased upon its ancient usage in legislative acts

As long ago as 1871 this court in VinsantA declaration of the enacting authority in v Knox 27 Ark 266 held that the

laws is a usage and custom of great antiquity constitutional provision that the style of alland a compulsory observance of it is bills should be Be it enacted by the General

founded in sound reaon26 Assembly of the state of Arkansas was

The Supreme Court of Illinois had undermandatory and that a bill without this style

P was void although otherwise regularlyconsideration an ordinance which had no passed and approvedenacting clause The Court expounded upon In a case in Nevada a law passed thewhy the lack of the clause invalidates the law

legislature without a proper enacting clauseUpon looking into the constitution it will be which raise the question of whether theobserved that The style of the laws of this constitutional enacting clause was a requisite toState shall be Be it lenacted by the People a valid law The Court said it was because theof the State of Illinos represented in the

provision was mandatoryGeneral Assembly Art 4 11The forgoing sections of articles 3 4 and The said section of the Constitution is5 of the Constitution are the only ones in imperative and mandatory and a lawthat instrument pro cribing the mode in contravening its provisions is null pad voidwhich the will of the eople acting through If one or more of the positive provisions ofthe legislative and ex cutive departments of the Constitution may be disregarded as beingthe government can ome law That directory why not all And ifall it certainlythese provisions givi g the form and mode requires no argument to show what the resultby which valid and binding laws are would be The Constitution which is theenacted are in the hi hest sense mandatory paramount law would soon be looked uponcannot be doubted Then it follows that and treated by the legislature as devoid ofthis resolution canal be held to be a law all moral obligations without any bindingIt is not the will of the people force or effect a mere rope of sand toconstitutionally expressed in the only mode be held together or pulled to pieces at its willand manner by which that will can acquire and pleasure We think the provisions underthe force and validity Under the constitution consideration must be treated as mandatoryof law for this legislative act is without a Every erson at all familiar with the practicetitle has no enacting clause and is

of legislative bodies is aware that one of thesufficient to deprive this expression of themost common methods adopted to kill a bill

legislative will of the force and effect of lawprevent its becoming a law is for aand

and the same did not become therefore andis not legally binding and obligatory upon

member to move to strike out the enacting

the respondentsaclause If such a motion is carried the billis lost Can it be seriously contended that

The Court concluded that the constitutional such a bill with its head cut off could

provisions regulating the form and mode of thereafter by any legislative action become a

laws such as the enacting clause and title are law Certainly notessential and indispensable parts of the This case was cited and approved by the

process of making laws Supreme Court of Michigan which also stated

26 Caine v Robbins 131 P2d 516 518 61 Nev 416 1942

27 City of Carlyle v Nicolay 165 NB 211 215 216 111 1929 affirmed Liberty Nat Bank of Chicago v Metrick 102NE2d 308 310 410 111 429 1951

28 Ferrill v Keel 151 SW 269 273 105 Ark 380 1912

29 Nevada v Rogers 10 Nev 250 255 256 1875 approved in Caine v Robbins 131 P2d 516 518 61 Nev 416 1942

16

By an enacting clause the makers of the came to adopt Constitutions for theirConstitution intended that the General government and without exception so farAssembly should make its impress or seal as we can ascertain express provision wasas it were upon each enactment for the sake made for the form to be used by the legislativeof identity and to assume and show department of the State in enacting lawsresponsibility While the Constitution makes

Laws whether 13S God or man have at allthis a necessity it did not originate it Thecustom is in use practically everywhere and times in history use an enacting statement tois as old as parliamentary government as old show the source and authority the law enactedas kings decrees and even they borrowedit The decrees of Cyrus King of Persiawhich Holy Writ records were not the first MandatoryRequireznent of anto be prefaced with a statement of authority Enaag ClauseThe law was delivered to Moses in the nameof the Great I Am and the prologue to the The question has often been raised as toGreat Commandments is no less majestic and whether constitutignal provisions that call forimpelling But whether these edicts and

a particular fora and style of laws orcommands be promulgated by the Supreme procedure for the r enactment are to beRuler or by petty kings or by the sovereignpeople themselves they have always begun regarded as direct or mandatory The

with some such form as an evidence of power question is critical ince its use will have an

and authority affect on the validity ofa statute or law If such

Much of what is often regarded as law or provisions are direc ory then they are treatedcommon law depends upon what has proven to

as legal advise whic those in government can

be legally soundly and commonly used in decide to follow or 1 not But if mandatory

history Thus many legal authorities have such provisions mint be strictly followed orrecognized the historical legacy of using an else the resulting act or law is unconstitutionalenacting clause thus indicating it is a concept

and invalid

of fundamental law While a few coudrts at an early period hadWritten laws in all times and all countries held that such provisions were merelywhether the edicts of absolute monarchs directory the great weight of authority hasdecrees of King and Council or the deemed them to be mandatory In speaking onenactments of representative bodies have the mandatory chaifacter of enacting clausealmost invariably in some form expressed

provisions one legal text book statesupon their face the authority by which theywere promulgated or enacted The almost The view that t is provision is merelyunbroken custom of centuries has been to directory seems to conflict with thepreface laws with a statement in some form fundamental prin iple of constitutionaldeclaring the enacting authority construction that whatever is prohibited by

the constitution if in fact done is ineffectualThe propriety of an enacting clause in And the vast pre onderance of authorityconformity to this ancient usage was holds such provisions to be mandatory andrecognized by the several states of the Union that a failure to coriply with them renders aafter the American Revolution when they statute void

22 Commonwealth v Illinois Cent R Co 170 SW 171 175 160 Ky 745 191423 Sjoberg v Security Savings Loan Assn 73 Minn 203 212 213 1898 State v Kozer X239 Pac 805 807 Ore 1925

Joiner v State 155 SE2d 8 9 223 Ga 367 1967 25 Ruling Case Law Statutes p 775 776 City of Carlylev Nicolay 165 NE 211 216 217 Ill 1929 Joiner v State 155 SE2d 8 9 223 Ga 367 1967

24 State v Burrow 104 SW 526 529 119 Tenn 376 190725 Ruling Case Law vol 25 Statutes 84 p 836

18

It will be an unfortunate day for question its authority or to hold inoperativeconstitutional rights rwben courts begin the any section or provision of it The bill

insidious process of undermining in question is not complete it dos not meetconstitutions by holding unambiguous the plain constitutional d mand Without anprovisions and limi tions to be directory enacting clause it is voidmerely to be disregded at pleasure

The mandatory character of laws wasIn Montana a case arose that involved a examined by the Supreme Court of Tennessee

statute with a defective enacting clause which reviewed many other cases andThe Supreme Court of Montana after quoting concluded the followingthe constitutional section relating to theenacting clause held that

The provision we are here called upon toconstrue is in plain and unambiguous words

These provisions ar to be construed as The meaning of it is clear and indisputablemanda R o I ter because there is and no ground for construction can be foundno exception to their r quirements expressed The language is The st of the laws ofanywhere in the Cons t We think this state shall be etc ieworrd shall

the provisions of the Constitution are so as used here is equivalent to must We

plainly and clearly expressed and are so know of no case in which a provision of theentirely free from a iguity that there can Constitution thus expressed has been held tobe no substantial gat for any other be directory We think this one clearly

conclusion than that hapter 199 was not mandatory and must be complied with byenacted in accordan with the mandatory the Legislature in all legislation importantprovisions of that ins ni and that the or unimportant enacted by it otherwise itAct must be declared iv id will be invalid

In affirming this decision in a later case This case was quoted by the New Jerseythe same Court said

that tomenacting Claus Superior Court which quoted the followingof a bill go t the su stance of that bill it is from the case

no melyes

procedural The same CourtThe provisions of these solemn instruments

sail iafaresohr nc uld not be regarded as constitutions are not advisory or merea law because It h d no enacting clime suggestions of what would be fit and properwithout which it n ver ould become a law33 but commands which must be obeyed

The Court of Appe is of Kentucky held a The Supreme Court of Minnesota in one ofstatute void for not having an enacting clause the landmark cases on this subject held theholding that all constitutional provisions are following regarding the enacting clausemandatory provision in its Constitution

Certainly there is no I nger room for doubt Upon both principle and authority we holdas to the effect of all provisions of the that article 4 13 of our constitution whichConstitution of this state By common provides that the style of all laws of thisconsent they are deemed mandatory state shall be Be it enacted by the legislatureNo creature of the Constitution has power to of the state of Minnesota is mandatory

1

30 People v Dettenthaler 77 NW 450 453 118 Mich 595 189831 Vaughn Ragsdale Co va State Bd of Equalization 96 P2d 420 423 424 109 Mont 52 1939

32 Morgan v Murray 328 P2d 644 654 Mont 1958

33 State v Highway Patrol Bard 372 P2d 930 944 Mont 196234 Commonwealth v Illinois Cent R Co 170 SW 171 175 160 Ky 745 1914 Louisville Trust Co v Morgan 203SW 555 180 Ky 609 1918

35 State v Burrow 104 SW 526 529 119 Tenn 376 1907 Biggs v Beeler 173 SW2d 144 146 Tenn 194336 Village of Ridgefield Park v Bergen Co Bd of Tax 162 A2d 132 134 62 NJ Super 133 1960

19

and that a statute without any enacting and people cannot be overstated It is

clause is void Strict conformity with the not to be disregarded ignored suspendedconstitution ought to be an axiom in the or broken in whcle or in part When

science of government it prescribes that j a particular act or thing

Section 45 of the Constitution of Alabamashall be done in a way and manner specifiedsuch direction mu t be treated as a command

prescribes that the style of laws of this state and an observan a of it essential to theshall be Be it enacted by the Legislature of effectiveness of a act or thing to be doneAlabama In determining the nature and Such act cannot a complete such thing is

purpose of this section the Federal Circuit not effectual un it done in the way and

Court of Alabama statedmanner so preseried

Complainant correctly urges that this section This case was I ter approved by the Courtis mai4atorv and not directory that no holding that an enac clause is mandato

equivalent words will suffice and that any and thus the act er consi eracion which had

departure from the mode prescribed is fatal no enacting claus must be regarded asto the enactment since ifone departure in inoperative and vol It further saidstyle however slight is permitted anothermust be and the constitutional policy To be valid and ffective the Acts of the

embodied in the section would soon become General Assent ly must be enacted inwithout any force whatever38 conformity with e Constitution

The Supreme Court of Georgia said the use The Supreme ourt of Missouri held that

of an enacting clause is essential and that the constitutional irements such as that for

without it the Act they had under consideration an enacting clause are mandatory and not

was a nullity and of no force and effect as directory The se involved an initiative

Jaw This decision was based upon the measure by the people which was without an

traditional use of an enacting clause by enacting clause as was required by the

GeorgiasGenerally Assembly In an earlier constitution The Court said that under such

decision the Court held that a measure a requirement the omission of an enacting

containing no enacting clause had no effect as clause in a proposed initiative measure rendersintended in a legal sense it void

43Earlier the Court held that where a

The Supreme Court of North Carolina heldlaw fails to conform to such provisions thereis no other alternative but to pronounce it

that an act prohibiting the sale of spirituous 44

liquors is inoperative and void for want of aninvalid

enacting clause as prescribed by the In a similar case in Arkansas a legislativeConstitution initiative under the state constitution required

The very great importance of the to have a specific enacting clause but the oneconstitution as the organic law of the state involved had no such g clause The Court held

37 Sjoberg v Security Savings Loan Assn 75 NW 1116 73 Minn 203 212 1898 affirmed in Freeman v Goff 287NW 238 241 Minn 1939 State v Naftalin 74NW2d 249 262 Minn 1956 State v Zimmerman 204 NW 803812 Wis 1925

38 Montgomery Amusement Co v Montgomery Traction Co 139 Fed 353 358 1905 affirmed 140 Fed 988

39 Joiner v State 155 SE2d 8 10 223 Ga 367 1967

40 Walden v Town of Whigham 48 SE 159 120 Ga 646 1904

41 State v Patterson 4 SE 350 351 98 NC 660 1887

42 Advisory Opinion In Re House Bill No 65 43 DE2d 73 76 77 NC 1947

43 State ex re Scott v Kirkpatrick 484 SW2d 161 163 Mo 197244 The State of Missouri v Miller 45 Mo 495 498 Mo 1870

EiliThis constitutional requirement that the The Absence of an Enactingmeasure sought to be initiated shall have an Clause Provision in aenacting clause is mandatory There is Constitutionabsolutely no enacting clause in the measurehere involved and therefore the petition is While theUS Constitution and a few State

not legally sufficient The absence of the constitutions do not specifically prescribe thatenacting clause is a fatal defect4S all laws use an enacting style its use isThe dangers of not treatingsuch provisions nonetheless required by our unwritten

as mandatory have been noted constitution The use of an enacting clause and

It seems to us that t e rule which gives to even a title exists by fundamental law they are

the courts and oth r departments of the common law concepts

government a discret oinary power to treat a Like many other old and well establishedconstitutional provisi n as directory and toobey it or not at th it pleasure is fraught concepts of law and procedure the framers ofwith great danger to the government We theUS Constitution did not feel it necessarycan conceive of n greater danger to to write into it the requirement of an enactingconstitutional gave ent and to the rights clause or titles on all laws There are so manyand liberties of the ogle than the doctrine of these fundamental concepts that it would bewhich permits a oose latitudinous

impractical to list them all in a constitutiondiscretionary const coon of the organiclaw But that does not mean they dont exist just

That an enactin clause provision islike the rights enumerated in the Bill of Rights

mandatory and not irectory and that itswas not originally written into the Constitution

absence renders the la invalid was also held because they were recognized to be so funda47 mental it would be superfluous to list them

by the Supreme Court f South Carolina and

the Supreme Court if iana These type of That the use of an enacting clause isprovisions relating to a mode of enacting laws necessary or required despite its failure to behave been repeatedly held to be mandatory prescribed in a constitution has been oftenand that any legislatio in disregard thereof is recognized Several legal authorities have citedunconstitutional and void 49

ice with approval Mr Cushing in his Lawf1 Practice of Lea Thus laws whicl fail to adhe to the f islative Assemblies 18198

fundamental concept of containing an enacting 2102 where it states

cause ose then authority as law It thus would 1 Where enacting words are prescribedseem quite clear that the lackof enacting nothing can be a law which is not introducedclauses on the laws used in Revised Statutes of by those very words even though others

the US Code have no sign of authority and are which are equivalent are at the same time

void as laws Is not a choice of Congressused

or the Lt wa

e isl tg approve ofla which 2 Where the enacting words are not

o prescribed by a constitutional provision thehave noenactenacting stleT useof such formenacting authority must notwithstanding be

And style for alllaws ismandatory stated and any words which do this to afailure to co with it for any reason suchr j common understanding are doubtlessas for convenience renders the measure void sufficient or the words may be prescribed

1

45 Halley v Carter 251 SW2d 826 828 Ark 195246 Hunt v State 3 SW 233 235 22 Tex App 396 188647 Smith v Jennings 45 SR 821 67 SC 324 1903

48 May v Rice 91 Ind 546 188349 State v Burlington M RR Co 84 NW 254 255 60 Neb 741 1900

21

by rule In this respect much must depend declaring that w ere an act like the one nowupon usage under consider tion is wanting in the

The usage of an enacting clause is essential formali es and solemnities which

thousands of years old and every state and the have been mentined it i inoperative andvoid and of no tndint for or ffect

United States have followed this custom fromthe beginning Thus for something to be

The Court her judged the validity of the

regarded as a law it is but logical that one wouldlaw based upon ndamental law rather than

expect to see one on a true and valid law any specific cons tutional provision This

case has been cit quite frequently by variousOne of the leading cases on this issue was legal texts and cots and always in a favorable

from the Supreme Court for the Territory of or approving mannerWashington The validity of an act of theTerritorial Legislature that would move the seat

Various law to t books in the discussion of

of the government was in question The actstatutes have el ly stated the need for an

had no enacting clause and the territory had noenacting clause despite the lack of a

constitution of its own requiring one as it wasconstitutional provision for one

generally governed by the US Constitution Although there is no constitutional provision

The Court held the law invalid stating requiring an ring clause such a clausehas been held to requisite to the validity

Strip this act of its outside appendages leave of a legislative a tmentit solitary and alone is it possible for anyhuman being to tell by what authority the

In recognition o this custom of using anseat of government of Washington Territory enacting clause t has sometimes been beenwas to be removed front Olympia to

declared that an a acting clause is necessaryVancouver to the validity of statute although there isThe staring fact that the constitutions of so no provision in fundamental law requiringmany states made and perfected by the such a clausewisdom of their greatest Iegat lights contain

In 1967 the Supreme Court of Georgia helda statement of an enacting clause in whichthe power of the enacting authority is that a law without an enacting clause was null tincorporated is to our minds a strong and and void even though their State constitutionpowerful argument of its necessity It is had no provision requiring one They basedfortified and strengthened by the further fact their decision on the long standing custom ofthat Congress and the other states to say ts usagenothing of the English Parliament have byalmost unbroken custom and usage prefaced The requireme t that all laws contain anall their laws with some set form of words enacting style or lause is deeply rooted inin which is contained the enacting authority precedent and the ommon law There thusGuided by the authority of such eminent

need not be any co titutional provision for anjurists as Blackstone Kent and Cushing andthe precedents of national and state enacting clause to make its usage mandatorylegislation the Court arrives with If it is not used the law in question is not validsatisfaction and consciousness of right in and carries no obligation to be followed

50 Smith v Jennings 45 SE 821 824 825 67 SC 324 1903 Commonwealth v Illinois Cent R Co 170 SW 171173 160 Ky 745 1914 State of Nevada v Rogers 10 Nev 250 256 257 1875 Sjberg v Security Savings Loan

Assn 73 Minn 203 211 75 NW 1116 1898

51 In re Seat of Government 1 Wash Ter 115 123 186152 82 Corpus Juris Secundum Statutes 65 p 10453 Ruling Case Law vol 25 Statutes 22 p 776

54 Joiner v State 155 SE2d 8 10 223 Ga 367 1967

22

4

nacting Clauses in the

Publication of Statute Books

While it has been well decided that the No law shall be passed except by bill

passage of a bill in th legislature without anenacting clause on the ill renders it void as a billshall become a law except by a vote

a majorityoflaw we need to coml r what is the result of

Of a

not using an enacting c ause after it leaves theEvery bill which shall pass both houses shall

legislature This is the is question today be presented to the governor of the Statein light of the fact that the state Codes and and every bill he approves shall become aRevised Statutes an the US Code are law

publications which p ort to be law but which A bill is a form or draft of a law presenteduse no enacting clause Is a publication of a to a legislature A bill does not become a lawlaw without an enac g clause a valid and until the constitut prerequisites ve b en

lawful lawm

et i i t S I e il mg that becomes

If laws are only required to have ana law Laws do not exist in the legislature

enacting clause while the legislative system rather only bills do Laws exist only when the

only to be thereafter moved then what is legislative process is followed and co t w w leted

their value and purpose for the public If theyprescri m e constitution

are to serve as evide of a laws legislative Clearly the legislature cannot enact als

nature and as identific tion of its source and It merely has the power to pass bills which

authority as a law what good does that function may become laws when signed by the

do only for the legislators The vast majoritypresiding officer of each house and areapproved and signed by the Governor

of the public never sees the bill underconsideration until it p sses and is printed in Since all constitutional provisions place the

public records or s atute books They requirement of an enacting clause on laws it

generally only see the finished law includes the statute as it exists outside the

legislative process that is as it is published inWhen we read the p visions whichrig statute books We have to also regard the

an enacting clause they satliaall laws shall fundamental maxim which states law is notK

or the laws of this State shall obligatory unless it be promulgated An act

They do not say all ills s alTT s notThe i even regar3e as a law or enforceableterms hill and law are clear y as a law unless it be made publicly knowndig inauished frone anoteirin most This is usually done through a publication byconstitutions in prescribing the procedure of the proper public authority such as thethe legislative process such as Secretary of State But a law is not properly

1 State v Naftalin 74 NW2d 249 261 246 Minn 181 19562 Vaughn Ragsdale Co v State Bd of Eq 96 112d 420 423 19393 BlacksLaw Dictionary 20 edition p 826

23

or lawfully promulgated without an enacting and preserve uniformity in legislation Suchclause or titl ished with thelaw

tclauses also impo a command of obedience

a

z and clothe the stn to with a certain dignitySince the constitution requires all laws believed in all s to command respect and

to have an enacting clause it makes it a aid in the enfor went of laws

requirement on published laws as well as on

7

bills in the legislature If the constitution saidIt is necessary t every law should show

g on its face the au ority by which it is adoptedall bills shall have an enacting clause then

and promulaatel and that it should clearlytheir use in publications would not be required appear that it is mended by the legislative

That published laws are to have an enacting power that enacts it that it should take effect

clause is made clear by the statement commonlyas a law

used by legal authorities that an enacting clause The enacting cla se sometimes referred toof a law is to be on its face o be on its as the comme meat or style of the actface means to be in the same plain ofview is used to indict tieau onty fromwhich

Face has been defined as the surface of the statute emana s Indeed it is a customof long standi g to cause legislative

anything especially the front upper or outerenactments to e press on tJteir face the

part or surface that which particularly offersitself to the view of a spectator4 authority by w h they were enacted or

promulgated9

The face of an instrument is that which is A law is prom lgated by its being printedshown by the language employed without any and published and de available or accessibleexplanation modification or addition from by a public docume t such as an official statuteextrinsic facts or evidence5

book When this promulgation occurs theFor the enacting clause to be of anywit enacting clause is o appear on the face of

must appear with a law that is on its face so that law thus beiii printed in that statute bookthat all who look at the law know that it came along with the lawfrom the legislative authority designated by theConstitution The enacting clause would not Enacting clause traditionally appear right

after the title and fore the body of the lawserve its intended purpose if not printed in the

and when so prince whether on a bill or in astatute book on the face of the law

statute book it is n regarded as being on theThe purpose of an enacting clause in face of the law I canno if olegislation is to express on the face of the

record or book as s ted by the Supreme Courtlegislation itself the authority behind the actand identify it as an act of legislation6 of Minnesota

If an enacting clau a is useful and importantThe purpose of provisions of this character if it is desirable at laws shall bear upon

enacting clauses is that all statutes may bear their face the au ority by which they arenoon their faces a declaration of the enacted so that a people who are to obeysovereign authority by which they are enacted them need not s h legislative and othera e the law and to promote records to ascerta n the authority then it is

not beneath the gnity of the framers of a4 Cunningham v Great Southern Life Ins Co 66 SW2d 765 773 Tex Civ App 1

5 In re Stoneman 146 NYS 172 174

6 Preckel v Byrne 243 NW 823 826 62 ND 356 19327 State v Burrow 104 SW 526 529 119 Tenn 376 19078 People v Dettenthaler 77 NW 450 451 118 Mich 595 1898 citing Swan v Buck 40 Miss 268 18669 Earl T Crawford The Construction of Statutes St Louis 1940 89 p 125

24

constitution or Unworthy of such an and that is how they judge the validity of theinstrument to prescribe a uniform style for law Since they saw that the act as it wassuch enacting clauses

10

printed in the statute book had an insufficientThis case dealt w th the validity of Laws enacting clauseqits face it was deemed to be

1897 c 250 and it as held that Law 1897 not a law It is only by inspecting thec 250 is void

1hile the court mainly publicly printed statute book that the people can

decided this because a law had no enacting determine the source authority authenticityclause when signed b the governor it clearly of the law they are expected to followexpressed that if laws are to be regarded as

The Supreme Court of Arkansas invalid laws of the state they must expresses construing what are the essentials of law

e f e the author ty by which they were making and what constitutes a valid law statedpromu gated or ens led The law was

the followingpublished in the s tote book without an

g

enacting clause see F g 1 The law was thus A legislative act when made should be a

challenged as being onstitutional because written expression of the legislative will in

it contains no enac clause whateverevidence not only of the passage but of theauthority of the lawmaking power is nearly

The enacting clause must be readily visible or quite a selfevident proposition

on the face of the sta to so that citizens dont Likewise we regard it as necessary thatevery act thus expressed should show on

have to Search throw the legislative journals its face the authority by which it was enactedor other records or b to see if one exists and promulated in order that it shouldThus a s It R 8 I t 1 11 clause clearly appear upon simple inspection of theis not a valid publics kin of laws In regards written law that it was intended by the

to validity of a la that was found in their legislative power which enacted it that it

statute books without an enacting clause theshould take effect as law These relate to

the legislative authority as evidence of theSupreme Court of Ne ada held authenticity of the legislative will These

Our constitution

exp4essly provided that the are features by which courts of justice andenacting clause of a ery law shall be The the public are to judge of its authenticity and

people of the state f Nevada represented validity These then are essentials of the

in senate and assembl do enact as follows weightiest importance and the requirementsThis language is s sceptible of but one of their observance in the enacting and

interpretation There is no doubtful meaning promulgation of taws are absolutelyas to the intention It I is in our judgment an imperative Not the least important of theseimperative mandate 3f the people in their essentials is the style or enacting clausesoveret n capacity to the legislature requir The common mode by which a law isng t t all laws to be binding upon them

romulpromulgated is by it being printed andshall I e f express the authority

P g y

by which they were nacted and since this published in some authorized public statuteact comes to us w thout such authori book Thus that mode of promulgation must

appearing u on its rQ it is not a law show the enacting clause of each law therein on

The manner in which the law came to the its face that is on the face of the law as it is

court was by the way it was found in the statuteprinted in the statute book This is the only

book cited by the Court as Scat 1875 66way that the courts of justice and the publiare to judge of its authenticity and validity

10 Sjoberg v Security Savings Loan Assn 73 Minn 203 213 75 NW 1116 1898

11 State of Nevada v Rogers 10 Nev 120 261 1875 cited with approval in People v Dettenthaler 77 NW 450 452118 Mich 595 1898 efauver v Spurting 290 SW 14 15 154 Tenn 613 1926

12 Vinsant Admx v Knox 27 Ark 266 284 285 1871

460 GENERAL LAWS Chap 250 OF MINNESOTA FOR 1897 461

street road sidewalk park public ground ferry boat SEC 2 This act shall take effect and be in force fromor public works of any kind in said city village or bor

and after its passageongh or by reason of any alleged negligence of any Approved April 23 1897officer agent servant or employe of said city village orborough the person so alleged to be injured or someone in his behalf shall give to the city or village councilor trustees or other governing body of such city village CHAPTER 250or borough within thirty days after the alleged injurynotice thereof and shall present his or their claim tocorn A act to amend section twenty 20 of chapter onepensation to such council or governing body in writing hundred and thirtyone 131 ofgeneral laws of Minnestating the time when the place where and the circum

sots for one thousand eight hundred and ninetyonestances under which such alleged loss or injury occurredand the amount of compensation or the nature of the 1891 relating to building loan and savings associarelief demanded from the city village or borough and ions doing a general businesssuch body shall have ten days time within which todecide upon the course it will pursue with relation to SECTION 1 That section twenty 20 of chapter onesuch claim and no action shall be maintained until the hundred and thirtyone 131 of the general laws ofoneexpiration of such time on account of such claim nor thousand eight hundred and ninetyone 1891 is hereunless the same shall be commenced within one year after by amended to read as followsthe happening of such alleged injury or loss Sec 20 If it shall appear to said public examiner

SEC 2 This act shall take effect and be in force from any examination made by him or from any refrom and after its passage port of any examination made by him or from any an

Approved April 23 1897 nual or semi annual report aforesaid that any corporation governed by this act is violating its charter or thelaw or that it is conducting business in an unsafe unauthorized or dishonest manner he shall by an order

CHAPTER 249 under his hand and seal of office addressed to such cororation direct conformity with the requirements of

An act to amend section two thousand eight hundred its charter and of the law and whenever such corporaand six 2806 of the general statutes of one thousand tion shall 4efuse or neglect to make such report or aceight hundred and ninetyfour 1894 relating to the count as may be lawfully required or to comply withcapital stock ofmanufacturing corporations such order aforesaid within thirty days from the date

r thereof or if it has become apparent that there is such aBe it enacted by the Legislature of the state of Minna deficiency in its assets that the purpose for which the

association was organized cannot be carried out thesotspublic examiner may if such corporation be organized

SECTION 1 That section two thousandeight hundred take possession of the books records and the assets ofand six of the general statutes of one thousand eight every description of such corporation and shall at oncehundred and ninetyfour be amended so as to read as proceed to make a careful and detailed examination offollows the condition of the affairs of such corporation and the

books records and assets of such corporation so heldSec 2806 The amount of capital stock of every such by him shall not be subject to levy or attachment or

corporation shall be fixed and limited by the stock garnislu ent at any time while under his control If atholders in their articles of association and shall be the close of such examination it shall appear to the pubdivided into shares of not less than ten and not more lie examiner that such corporation is able to complete

Fig 1 An excerpt from General Laws of the State of Minnesota 1897 fhapter250 appears in this statute book without an enacting clause which resulted in it being h3declared void In Sjo v Secu Savin s Qc Loan Ass u inn 41X Note Lnthatte1aw on the adjacent page k apter as t e required enacting clause

26

The decision in 410 Vinsant case was later indictment which publication omitted anapproved by the Coujrt in a case where a man essential part of said act towit the enactingwas convicted of failing to follow an animal clause The Court held that the act was nothealth lawThe Ti k Eradication Law He properly and legally published at the time theappealed by demurre on the basis that the law indictment was found thus the act was not inclaimed violated in a indictment did not have force at the time the indictment was broughtan enacting clause as found in the statute book against the petitioner The Court also heldThe Court said

The publication of an act of the legislatureThe appellant demu ed to the indictment on omitting the enacting clause or any otherthe ground that the acts stated do not charge essential part thereof is no publication ina public offense T i e appellant contends that law The law not being in force when theAct 200 of the cts of 1915 p 804 indictment was found against the petitionerproviding a method for putting in operation nor when the acts complained of therein werethe tick eradication law in Pike county was done the petitioner could not have beenvoid because it h s no enacting clause guilty of any crime under its provisions andAppellant is correct in this contention The is therefore so far as this indictment isact contains no ena ting clause and under concerned entitled to his dischargethe

ers it a nullit

decisions of is court such defectthe

Article 5 19 and There was no question involved here ofarticle 29 amend 1 Const 1874 Vinsant whether an enacting clause was used on the billAdmxv Knox 2 Ark 266 in the legislature The fact that the law was

The section of state Constitution citedpublished witho t one was sufficient to render

by the Court Art 5 19 states The style it void or invalid Thus a publication of an actof the laws of the S te of Arkansas shall be omitting the a sting clause is not a valid

Be it enacted by th general assembly of the publication of the act If the required statementState ofArkansas The laws of the State are

of authority is not on the face of the law it is

to bear this enacting style otherwise they arenot a law that has any force and effect Such a

not valid laws The la in this case was missingpublished law cannot be used on indictments or

this constitutional pr requisite of an enactingcomplaints to charge persons with a crime for

clause as printed in a statute book see Figits violation This decision was upheld and

2 QAs such it carried no force and effect as aaffirmed by the Court in 1981 when it said

law Thus laws as they are taken or cited from In the case of In re Swartz Petitioner 47statute books which have no enacting clause Kan 157 27 P 839 1891 this court foundcannot be used to ch ge someone with public

the act in question was invalid because it hadbeen mistakenly published without an

offense because they a not valid laws enacting clause We again adhere to theIn a case in Kans s a man was indicted for dictates of that opinion

violating a law maki i g it unlawful to print and Thus whatever is publishedwitimILLALIcirculate scandals a signations and immoral enacting clause is void as it lacks the requiredconduct of persons I e was arrested upon an evidence or statement of authority Such a lawindictment and applid for his discharge upon lacks proof that it came from the authorizedhapeas corpus allegeng that the act of the source spelled out in the constitution and thuslegislature was not pr perly published The act is not a valid publication which the public ishad been published everal weeks before the obligated to give any credence to

13 Palmer v State 208 OW 436 137 Ark 160 191914 In re Swartz 27 Pac 8 840 47 Kan 157 189115 State v Kearns 623 P2d 507 509 229 Kan 207 1981

804 ACTS OF ARKANSAS ACT 200 176 ACTS OF THE GENERAL ASSEMBLY

ACT 200CA A PTER 68

AN ACT for a tick eradication law in the counties of AN ACT to establish and regulate the maximum rate of charges

Howard Pike Little River Clark Miller and La for the transportation of passengers by corporations or coin

Fayette countiesparties operating or controlling railroads within the holmdaries of this State in part or in whole

SECTION 1 At the general election held in the 1 That it shall hereafter be unlawful for anyState of Arkansas in the year 1916 at which the mem common carrier earning as much or more thanhers of the Fortyfirst General Assembly of the State 400000 per year per mile gross from all sourcesof Arkansas are to be voted for and every two years

on its said road and engaged in the carriage of

thereafter in each separate county until the tick eradication is adopted in that county when the tiek eradioa COMMONWEALTH OF KENTUCKY 169

Lion law is adopted by a majority of the votes of any

CHAPTER 65Aar 277 ACTS OF ARKANSAS 1031

AN ACT to further regulate tobacco warehouse companies inthe State of Kentucky

ACT 277

Be it enacted by the General Assembly of the

AN ACT making appropriation for the expenses of theCommonwealth of Kentucky

executive and judicial departments of the State That on and after the first day ofAugust1914Government every individual firm company or corporation con

ductingawarehouse hnainess in SentuwhereBe It Enacted by the General Assembly of the State of tobacco is sold at public auction either prized in

Arkansas hogsheads or sold in the hands loose shall keep acorrect account of the number of pounds of leaftobacco sold upon the floor of his house daily On or

SECTION 1 That the following named sums of before the 5th day of each succeeding month themoney be and the same are hereby appropriated for proprietor of the said warehouse shall make athe object hereinafter expressed for the fiscal years statement under oath of all of the tobacco so sold

vie 2 Excerpt from Public and Private Acts ofthe State ofArkansas Fig 3 Excerpt from Acts of the General Assembly of the00 above was cling styleublished without an ens e aidd Commonwealth ofKentucky 1914 Chapter 68above has no enactingp y

he a nullity in Palmer v State 137 Ark 160 clause and thus was pronounced void in Commonwealth v IllinoisQtattute book displays an enacting style Cent R Co 160 Ky 745 Chapter 65 below has an enacting clause

28

In the law text Ruling Case Law is a The Kentucky case above was cited latersection that deals with the requirements of by the same Court when it was found that anstatutes and under the subheading enacting clause was missing from chapterPublication of Statutes it says 129 p 540 of the Session Acts for 1934

The publication Of a statute without the Regarding this omission the Court saidenacting clause is publication B oversight and mistake the constitutionally

A publication of a statute book without

Y g

he required enacting clause was omitted from

title and enacting clause on the laws therein is the act thereby rendering it illegal and

an incomplete or iava11d publication just like invalid19 j

a publication of a ook or magazine article is The law in question which was to

incomplete without a title and authorsname consolidate the county offices of sheriff andit is just a nameless body of words jailer was deemed to be ineffectual in

m accomplishing its objective because it wasWhen a law in entucky was claimed to be

published without an enacting clause for somevoid because it was found to have no enacting

unknown reason see Fig 4clause the Court of Appeals of Kentucky readthe entire law Ch pter 68 from the statute In a case in Montana the validity of a

book and then said statute in its statute book Chapter 199 Laws

It will be noticed that the act does not contain of 1937 was being questioned because it had aan enacting clause The alleged act or faulty or insufficient enacting clause The Statelaw in question is nnamed it shows no sign Supreme Court held the law invalid statingof authority it c ries with it no evidence

The measure comes before this court in thethat the General Assembly or any other

condition we find it in the duly authorizedlawmaking po er is responsible or

volume of the Session Laws of 1937 and inanswerable for it I determining whether Chapter 199 is invalid

The law was thus declared void because or not we are confronted with a factual

of the fact that the ct appeared in the statute situation It is entirely immaterial how the

book without an en sting clause see Fig 3defective enactingclause happens to be a part

Likewise the allege laws in the US Code orof the measure

the state Revised St tutes are unnamed they Here again the invalidity of the law due to

show no sign of au ority on their face there its defective enac was judged by

is no evidence that they came from Congress its con nonasitt was published the statutes

or a State Legislatur The enacting clause has books of the State see Fig 5 The law had

been deliberately re oved from these laws the enacting clause Be it enacted by theand are thus only eless decrees without people of Montana But this style was onlyant The Supreme Court of South to be used for measures initiated by the people

Carolina said that in order for bills to have the Laws passed by the Legislature were to have aforce of law they must have an enacting different enacting clans Be it enacted by the

clause showing the authority by which they are Legislative ssembly of the State of Montana

promulgated Thus the publica on of a law As this was a legislative enactment it was voidmust display its enating authority for having the wrong enacting clause

16 Ruling Case Law volt 25 Statutes 133 p 884 citingLRA1915B p 1065

17 Commonwealth v Illinois Cent R Co 170 SW 171 175 160 Ky 745 191418 Smith v Jennings 67i SC 324 45 SE 821 824 1903

19 Stickler v Higgins 106 SW2d 1008 1009 269 Ky 260 193720 Vaughn Jr Ragsdale Co v State Board of Equalization 96 P24 420 422 Mont 1939

540 ACTS OP THE GENERAL ASSEMBLY CHAPTERS 198199 SESSION LAWS

CHAPTER 199

An Aet Requiring Licenses for the Operation Mainte

CNA 129nance Opening or Establishment of Stores in ThisState the Classifying of Such Stores Prescribing the

AN ACT providing for the consolidation of the office of jailer License and Filing Fees to Be Paid Therefor and thewith that of sheriff in each county of the State Disposition Thereof and the Powers and Duties of

the State Board of Equalization in Connection There1 The office of jailer is hereby consolidated with and Prescribing Penalties for the Violation

with that of sheriff in each county of the state Thereof and Repealing Sections 24201 24202 24203under the provisions of Section 105 of the Constitu 24204 24205 24206 24207 24208 24209 242010tion There are hereby transferred to and vested i 242011 Revised Codes of Montana 1935

the sheriff all the powers and duties heretofore authorized by law to be exercised or performed by the

Be It xaced by the People of the State of ifonana

jailer Wherever in any law of the State reference Section 1 That from and after the first day of Januis made to the jailer such reference shall be deemed ary A D 1938 it shall be unlawful for any person firmto apply to the sheriff except where the context re corporation association or copartnership either foreign

quires otherwise or domestic to open establish operate or maintain any

TWENTYFIFTH LEGISLATIVE ASSEMBLY

CaaAPTaR 144 579

CHAPTER 202

CHAPTER 144 An Act Providing the Method for Computing CertainDeductions Allowable on Mine Taxes in the Production

AN ACT to regulate control and Ix standard weights of wheatof Petroleum and Natural Gas in Montana

Hour and the size of packages containing same and to provl8e peaaltler for the violation or this Act

Be it enacted by the Legislative Assembly of theState ofMontanaBe it enacted by the General Assembly of the Section 1 The state board of equalization in comCAnmonweatth of Kentucky puting the deductions allowable for expenditures underEach package shall have the net weight printed or

Section 2090 of the Revised Codes of the State of Mon

plainly marked on it tans on petroleum and natural gas production shallcompute and allow deductions for any such expenditures

Fig 4 Excerpt from Acts of the General Assembly of the Fig S Excerpt from Laws Resolutions and Memorials of the StateCommonwealth ofKentucky 1934 Chapter 129 above was published of Montana 1937 Chapter 199 was published with the wrong typewith no enacting clause and was thus declared invalid in Stickler v of enacting clause and thus was held invalid by the State SupremeHiggins 269 Ky 260 Chapter 144 below from the same statute Court in the Vaughn case l09 Mont 52 Chapter 202 below shows Pbook shows the constitutionally required enacting clause the proper style of an enacting clause for a law of the State

30

In North Carolina a legislative enactment The contention that the statute of 1944 is

for the incorporaltion of a town and the unconstitutional is based upon the fact thatit contains no enacting clause The State

regulation of spirt ous liquors therein was Constitution of 1921 in section 7 of Articlechallenged because it had no enacting clause 3 provides thatThe law was cited from the statute book as

The style of the laws of this State shall bePriv Acts 1887 c 113 8 see Fig 6 A

Be it enacted by the Legislature of Iman was indicted With the offense of selling Louisiana

spirituous liquors in the town and there was aA mere glance at an official volume of the

verdict of guilty U appeal the State Supreme acts of 1944 discloses that the statute inCourt said there w error in the judgment question Act 303 of 1944 contains no suchbecause the law ch ged against the man was enacting clause nor any part thereof

void stating And from the fact that it does not appear inthe printed volume of acts we conclude that

In the case befog us what purports to be the act was originally and finally defectivethe statute in ques on has no enacting clauseand nothing app ors as a substitute for it It could not be deduced exactly how the law

The cons tution in article 2 in came to be with no enacting clause An

prescribing how tatutes shall be enacted examination of the original journal of theprovides as follow proceedings of each house could not discloseSec 23 The styl of the acts shall be The whether the enacting clause was present whenGeneral Assembl of North Carolina do the act was passed The Court thus relied uponenact 1

I the status of the law in the printed statute bookIt thus appears that its framers and the people as proof of the overall status of the law Thuswho ratified it de med such provisions wise the law was said to be originally defectiveand important the purpose being to require because it was deduced that there was noevery legislative ct of the legislature to enacting clause when the act was passed andpurport and import upon its face to have been

it was finally defective because of theenacted by the ge er a m y

manner it was printed in the volume of the actsWe are therefore I of the opinion that the without an enacting clausesupposed statute question has not beenperfected and is of such in contemplation This same court in a later case upheld thisof the constitut on that it is wholly decision in declaring that a law was voidinoperative and vo d21 because it too was recorded or printed in theThis alleged la could not be called a law statute books without an enacting clause

pursuant to the cons itution because it existed The state statute on which both plaintiffin the statute books without an enacting clause and defendant rely cannot be given effecton its face What is reported inLaActs 1968 Ex Sess

In a case in Louisiana a law was claimedas Act No 24 is not law because it does not

contain the enacting clause which LaConstto be unconstitutio based on the fact that it art 3 71 requires to distinguish legislativehad no enacting clause as it existed in statute action as law rather than mere resolution or

book see Fig 7 he main evidence that the some other act Complete absence of the3

court used in holding the act unconstitutional enacting clause renders the statute invalid

was its status as found within the printed statute Again the invalidity of the law was deducedbook by the manner it was published see Fig 8

21 State v Patterson 4 SE 350 352 98 NC 660 1887

22 ORourke v ORourke 69 So2d 567 572 575 La App 195423 First Nat Bank of Commerce New Orleans v Eaves 282 So2d 741 743 744 LaApp 1973

1008 1887PRIVATECRAPTER 112113ACT No 303

House Bill No 872 By Mr Fernandez Chairman ofCommittee on Public Healthand Quarantine Substitute

CHAPTER 112 for House Bill No 405 byMessrs Fernandez and Lan

An act supplemental to an act to incorporate the town of Charles dryton hi Swain County

AN ACTThe General Assembly of North Carolina do enact To provide for the diseovery and treatment of mental dis

SECTIOF 1 That after the authorities of the town of Charleston shall orders to define and interpret certain terms usedhave prepared suitable and convenient places for hitching horses herein to designate institutions and places for mentalthat hitching horses to gates and fences belonging to individuals in patients to provide for the examination admissionsaid town shall be construed a nuisance and the authorities of said commitment and detention of mental patients and theirtown are authorizd to abate such nuisance and are authorized to im transfer discharge leave of absence boarding out repose such fines and penalties as will abate them Hogs running at turn of escaped patients and interstate rendition andlarge shall also be construed a nuisance deportation to provide for the assessment imposition

Szc2 This act shall be in force from and after its ratification and collection of costs fees and expenses incidentalIn the general assembly read three times and ratified this the 7th to carrying out the provisions of this Act to grant

day of March A D 1887 certain rights to patients committed under this Act

ARTICLE I

CHAPTER 118 Short Title Interpretations and DefinitionsSection 1 Short Title This Act shall be known as the

Au act to Incorporate the town of Forest Hill Mental Health Act of 1944

SECTION 1 That the town of Forest Hill in Cabarrus county be ACT No 284and the same is hereby incorporated by the name and style of thetown of Forest Hill and it shall enjoy all the rights and privileges of House Bill No 670 By Messrs Martinez andincorporated towns and be subject to all the provisions of law now Picciola

existing in reference to incorporated towns AN ACTSac 2 That the corporate limits of said town shall be as follows

Ibeginning opposite the old cotton mill on the line of Concord corpo To amend and reenact the Title and Sections 1 2 and 3t rate hue and running nor wr said line fiftythree and one half

T I of c 0 en 1 e To create and establishdegrees east one half mile to a stone thence north fortyeight and a trades school for the education of white people of theonehalf degrees west one half mile to a stake thence south fifty State of Louisiana in Thibodaux Lafourche Parishthree and onehalf degrees west one mile to a stone thence south fifty Louisiana under the supervision of the State Board ofthree and one half degrees east one half mile to a stone thence north Education and to provide for the building equippingfiftythree and onehalf degrees east to the beginning and maintenance of said institution

SRO B That the officers of said town shall consist of a mayor four Section 1 Be it enacted by the Legislature of Louicommissioners and a constable and the commissioners shall have siana That the title of Act 309 of 1938 is hereby amendedpower to elect a secretary and treasurer and to elect the constable and reenacted so as to read as follows

Fig 6 Excerpt from Laws and Resolutions of the State of North Fig 7 Excerpt from Acts passed by the Legislature of the State ofCarolina 1887 Chapter 113 below was published with no enacting Louisiana 1944 Act 303 above was held defective as it had no

Gclause and thus was void State v Patterson 98 NC 660 The enacting clause ORourke vORourke 69 So2d 567 Act 284 below r

preceding law Chapter 112 was published with an enacting clause has an enacting clause in Section 1 where the body of the law starts

32

This decision rails another reason as to why The general rule is that a joint or concurrentthe enacting clause must be printed in the public resolution adopted by the legislature is not alaw book It is so citizens can identify it as a

statute does not have the force or effect of

law and cannot be used for any purpose for Jpublic law as pposed to a resolution which an exercise of legislative power is 1proclamation exe utive order or administra necessary26 1

tive rule The enac ing clause would distinguisa true public law om these other type of acts Indiana a joint resolution was passed for

the appropriation of money which used theAnenacts 1 of a law generally reads enacting style Be it Resolved by the General

Be it enacted 11 ile the styleof r sojjon Assembly of the State of Indiana The Stateusually reads Be it resolved or e lved Constitution allows for the appropriation ofthat Most st to constitutions make a funds to be made only by law The Statedistinction betwee a law and a resolution The Supreme Court said the on is not lawConstitution for th United States distinguishes as laws for the appropriation of money cannota resolution a t d order from a bill be enacted by joint resolution 27which can beco it e a law Art 1 Sec 7 That which is printed in the Revised StatuteThey each go through the same basic

books and the US Code could just as well beformalities in reap et to vote and procedure inresolutions which carry no force of law If

Congress but the are not the same thithese statutes had enacting clauses all would

Thus when sir look at the laws in the know what they were the authority for theirUnited States C e how do we know that existence and how they affect their rights andthey are public la s passed by Congress as obligations But they have no enacting clausessuch For all we know they could be mer and thus these publications are not legitimateresolutions whit carry no orce an effect publications in law which can be used to chargeas law When we are charged with a violation citizens with a crime No enacting clause hasof a law from the Oregon Revised Statutes been published with these laws They arehow do we know f at this is a law from the only words of some committee and thus arelegislature of Ore on as authorized by the not constitutionally authorized laws hichConstitution of Or gon There is no enacting citizens are obligated to follow or obeyclause on the face or the law to indicate whetherit is a law a re olution an order or an So we must confront those in governmentadministrative rule What then is a resolution who try to accuse us of violating a law

RESOLUTION a term is usually employed published in some code and ask em what is

o denote the option of a motion the the authority for this law to exist ere is itsf subjectmatter of which would not properly enacting authority on its fa a that identifies it

constitute a statut such as a mere expression as a law of the legislature A law exists notof opinion an alteration of the rules a vote only in the manner in which it was enacted butof thanks or of censure etc

also in the manner in which it is promulgatedA resolution or or er is not a law but merely or published A law cannot validl exist inthe form in which the legislative body Erinted form without the constitutionallyexpresses an opinion

25I

required enacting clause

24 BlacksLaw Dictionary 2nd edition p 102725 Chicago NPR Co v City of Chicago 51 NE 596 598 I11 1898 Village ofAltamont v Baltimore OSW Ry

Co 56 NE 340 3341 184 I11 47 Van Hovenberg v Holeman 144 SW2d 718 721 261 Ark 370 194026 73 American Jurispridence 2nd Statutes 3 p 270 cases cited27 May v Rice 91 Ind Rep 546 1883

ACT No 21ACT No 24

Senate Bill No 20 By Mr Mouton Senate Bill No 27 By Messrs Mouton and OKeefeAN ACT AN ACT

To amend and reenact Subsection A of Section 272 of Title To regulate loans and advances of credit by banks under re17 of the Louisiana Revised Statutes of 1950 as enacted volving loan plans and to provide for interest and otherby Act 408 of the 1968 Regular Session to provide with charges thereunder to provide for penalties and to repealrespect to teaching French and the culture of Louisiana

all conflicting lawsin the public elementary and high schools in the stateBe it enacted by the Legislature of Louisiana

TITLE I REVOLVING LOAN PLANS

Section 1 Subsection A of Section 272 of Title 17 of theSection 1 Definitions

Louisiana Revised Statutes of 1950 as enacted by Act 408 of a The term revolving loan means an arrangement inthe 1968 Regular Session is hereby amended and reenacted eluding by means of a credit card between a lender and ato read as follows debtor pursuant to which it is contemplated or provided that

272 French language and culture teaching in publicthe lender may from time to time make loans or advances to

schools or for the account of the debtor 1 through the means ofchecks drafts items invoices for the purchase of goods

A The French language and the culture and history of orders for the payment of money evidence of debt or similarFrench populations in Louisiana and elsewhere in the Ameri written instruments or requests whether or not negotiablecas shall be taught for a sequence of years in the public ele endorsed or signed by the debtor or by any person authorizedmentary and high school systems of the state in accordance or permitted to do so on behalf of the debtor or 2 throughwith the following general provisions the means of any other direction to pay by the debtor for

1 As expeditiously as possible but not later than the beloans or advances or charges to an account in respect of

ginning year all public elementarywhich account the lender is to render bills or statements to

inning of the 19721973 school y the debtor at regular intervals hereinafter sometimes reschools shall offer at least five years of French instruction ferred to as the billing cycle the amount of which billsstarting with oral French in the first grade except that any or statements is payable by and due from the debtor on aparish or city school board upon request to the State Board specified date stated in such bill or statement or at the debtorsof Education shall be excluded from this requirement and option may be payable by the debtor in installmentssuch request shall not be denied Requests already receivedfrom school boards for exclusion from the provisions of Act b Credit cards The term credit card as used herein408 of 1968 shall also be valid for exclusion from the pro means an identification card credit number credit device orvisions of this Act unless individual school boards deem other other credit document issued toa person firm or corporation

0 A IS L5 1i ii 4 y i Sl S a It

s may do so at any time between July 1 1971 and the to purchase or obtain money goods property or services onbeginning of the 19721973 school year The fact that any the credit of the issuerboard is excluded as here provided from participation in the

c Lender means a bank chartered or licensed by stateprogram established by this section shall in no case be construed to prohibit such school board from offering and con

or federal authorities and authorized to do business and doing

ducting French courses in the curriculum of the schools it business in this state

administers In any school where the program provided for Section 2 Revolving Loan Interest Charge Separateherein has been adopted the parent or other person legally Charge Statement

IFig 8 An excerpt from Louisiana Acts 1968 Extra Session 1968 bound in Acts of the Legislature RegularSession 1969 Act 24 right was declared to be pull and without ff t because of the manner in which it was

or reported in the statute book without an enacting clause rrst Nat ank of Commerce New Orleans v EavesA preceding law Act 21 left shows proper use of the enacting clause on the face of the law

34

5

Federal Laws and Crimes

The issue of authority and law are are to prevent the US Government orespecially critical in understanding the trend Congress to apply its lawsthat has developed in the Federal arena with its

The US Constitution prescribes what thecommunistic inco l i e tax oppressive laws andjurisdiction of the Federal government is byactivities that invate the domain of the statesthe enumerated powers That government can

While many of the basic concepts dealing withregulate foreign and interstate commerce fix

the states on this ubject are applicable to thethe standards of weights and measurements

Federal gover 1I nt there also are some establish rules of naturalization establishaspects unique to I e Federal issues Many of uniform laws on bankruptcies coin money andthe problems toda may not truly be usurpation provide for the punishment of counterfeiting ofor unconstitution 1 acts but are due to a the coins and securities of the United Statesdifferent source el law and thus a different protect the arts and sciences by copyrights andjurisdiction than hat the Constitution for the patents punish for piracies and feloniesUnited States est fished First we need to committed on the high seas to raise andunderstand some 6 asic facts about the manner support an army and navy and to lay andof government an jurisdiction that originally collect direct taxes by apportionment andexisted indirect taxes by excises duties or imposts

This is about the extent of the jurisdictionFederal Crininal Jurisdiction of the United States overnment It is only ing Y

Jurisdiction in a governmental sense is the these areas that a crime or offense againstauthority to applyaw over certain objects and the United States can exist and this is so onlycertain acts of pe sons Jurisdiction gives a when Congress actually passes a law in one ofgovernment the ri ht to use force in applying

these areas

this law to bring a out its objective Under the But an act committed within a State whetherAmerican system at objective is generally to d a purpose orexact justice throe certain courts pursuant to

honest

for gooor

or

a criminal intented States unless

cannot

whether

be made

with

anconstitutional auth rity the law of God and

offense against the Unitit have some relation to the execution of a

our common law c ncepts of right and wrong power of Congress or to some matter withinThe Constitution for the United States the jurisdiction of the United States

created a gove ent which has jurisdiction The courts of the United States merely byover certain enure rated subject matter It is virtue of this grant of judicial power and inonly in these are s that Congress can enact the absence of legislation by Congress havelaws and when the do the Federal Courts are no criminal jurisdiction whatever The

criminal jurisdiction of the courts of theto enforce the law i But when laws do not come United States is wholly derived from thefrom an enumerate power the Federal Courts statutes of the United States1 United States v Fcal 95 US 670 672 18772 Manchester v Massachusetts 139 US 240 262 1890 United States v Flores 289 US 137 151 1932

35

Acts of Congress as well as the constitution Circuit Court had no common law jurisdictionmust generally unite to give jurisdiction to a in the case and thn act was not a crimeparticular courtThe Federal Courts only have jurisdiction

If Congress tres to make a common law

in matters involving an offense against theoffense a crime sch as libel theft burglarymurder kidnapp g arson rape sodomy

United States and nothing can be an offense fraud etc which has noagainst the United States unless it is made so

abortion assault

relation to an e 1 merated power it wouldby Congressional act pursuant to the US

simply be anuncnstitutional act CongressConstitution There is no other source from

can declare noth o g to be a crime except it iswhich Congress can get authority to make law based upon a dele ated power Thus the onlyincluding the Common Law Thus it has been

thing that can be a crime against the Unitedsaid that There is no Federal Common Law States a Federal rime is that which comesBut the better way of stating this is to say from the US nstitution These conceptsThere are no common law offenses or crimes were early stated y the US Supreme Courtagainst the United States In other words

for criminalIn relation to t mes and punishments the

the common law is not a source for objects of the de gated power of the Unitedjurisdiction as it is in the states States are enu su 1 aced and fixed Congress

There is no federal common law There are may provide or the punishment ofno offenses against the United States save counterfeiting th securities and current cointhose declared to be such by Congress of the United S tes and may define and

Only those offenses are to be proceeded punish piracies nd felonies committed on

against by information or are indictable in the high seas i d offenses against the law

the federal courts which are specifically made of nations Art 8 But there is no

so by acts of Congress since the common reference to a cp 11 mon law authori Every

law crime of itself has no existence in the power is al ma er of definite and positivefederal jurisdiction5 grant and the vry powers that are granted

cannot take of e t until they are exercisedBy jurisdiction is meant the authority of t i oug 1 the med m of a law

the Federal courts to hear and decide a matterTheUnited S tes courts are governed in

Thus it is even more correct to say that The the administration of the criminal law by thefederal courts have no jurisdiction of common 9rules of the comm o n law Thus the commonlaw offenses

principle

there is no abstract pervading law is not a sours of power but is the meansprinciple of e common law of the Union under

or instrument thro gh which it is exercised Inwhich we the Federal courts can take

civil matters whet general common law rightsjurisdiction

6Thus where one was charged of an individual concerned the federal

for libel on the President and Congress of the courts are to apply the common law in the stateUnited States it was held that the Federal in which the contr 0 versy originated3 US v Bedford 27 Fed Cas page 91 103 Case No 15867 18474 United States v Britton 108 US 199 206 1882 United States v Eaton 144 US 677 687 1891 United States v

Gradwell 243 US 476 485 1916 Donnelley v United States 276 US505 511 1927 Jerome v United States318 US 101 104 1942 Norton v United States 92 Fed2d 753756 1937

5 United States v Grossman 1 Fed2d 941 950 951 19246 State of Pennsylvania v The Wheeling c Bridge Co 13 Howard 54 US 518 563 18517 United States v Hudson 7 Cranch 11 US 32 18128 The United States versus Worrall 2 Dallas 2 US 384 391 1798

9 Howard v US 75 Fed 986 189610 Wheaton v Peters 8 Peters 33 US 591 658 1834 Erie R Co v Tompkins 304 US 64 78 1937

36

While these concepts of jurisdiction are Revised Statutes was published in 1878 Thesebasic and ones which were generally followed works were rarely cited as most courts andfor about 140 years it is apparent that since the lawyers continued to use the Statutes at Large1930s there has be nagradual departure from

In 1924 a bill to revise all the laws of thethese cone much so that today the

United States that were enacted up to that timejurisdiction of the ederal Government seems

passed the House but was defeated in thealmost without bo ds as it legislates and

Senate The Senate then appointed a committeejudicates on every ubject under the sun many to inspect the bill which contained over twowhich are blatantly and obviously not from an

million words and this group recommendedenumerated power nder theUS Constitution

that a commission be appointed to do the workIn light of such Federal action the question over The commission was formed and the

of authority comes gain to the forefront What revision of laws called The United States

was it that chang d our system of Federal Code was finally approved by an act of

jurisprudence as there something new or Congress on June 30 1926 44 Stat Part 1different that was ntroduced into the judicial The Code was divided into 50 Titles orprocess that could explain the change One

subject headings under which the revis d lawsthing that was intr slice into the system was the

were listed The US Code has since 1926use of the United tares Code

The Change

I

om Statute to Code

be

periically compiled by a standing

committee pointed to revise the laws

The C is assembled and revised underThe laws of th United States as passed by the superion of the Committee on the

Congress were rom the very beginning Judiciary the House of Representativespublished in a seres of books called United The main ork of revision is done by aStates Statutes at arge The first Congress subcommi or office of this committee calledunder the US Co titution convened in New the Officf the Law Revision Counsel of theYork City from ch 4 1789 to September House of presentatives It consists of an29 1789 during hich time Congress passed appointed upervisor some members of27 separate acts These Acts are recorded in

Congress some volunteer lawyers and personsvolume one of th Statutes at Large This

from West Publishing of St Paul Minnesotapublication was iss ed by the Secretary of Stateand the Governm nt Printing Office These At first the Code was generally ignored asbooks were regarded as the official source for everyone was use to using the Statutes at Largeall public and rivate laws resolutions In most case where laws including Newtreaties and procl tions Deal laws were held to be unconstitutional

Through the c urse of time many volumes the indictments and court records had generally

of the Statutes at ge were published whichused the Statutes at Large citation For

contained not only new laws but repeals of old instance in the case of Carter v Carter CoalCo 298 US 238 1936 involving the

laws It became more difficult to ascertain

what the law was n a given matter As earlyBituminous Coal Conservation Act it was cited

authorized a consolidation of as C 824 49 Stat 991 Only a few casesas 1866 Congressall laws arranged by subject matter The first used the US Code citation and then only along

edition of a Revised Statutes was producedwith the Statutes at Law citation

in 1872 but was not favored by Congress so it One case in which the US Code was used

was revised in 18715 but that edition contained is Steward Machine Co v Davis 301 US 548

many errors Another edition of the 1937 which involved the Social Security Act

37

While the Statute at Large was cited the US Acts which wer laws resolutions or proclaCode was also included 42 USC c 7 mations were so designated by their identifying

Supp This case was the turning point of enacting clauses and titles But no one can tellour judicial system at least in regards to the nature of the laws in the US Code

criminal matters The decision was perhaps bythe narrowest margin ever The Chief Justice

When the US Code was first published itnever was state to be the officUaws of the

Charles E Hughes who had been against the i

New Deal legislation of Roosevelt and hisUnited States Rather it was stated that the

socialists friends But when Roosevelt cameCode was a re tatement of law or was only

out with his outlandish antics to pack the prima facie evilence of the laws of the United

court with his cronies the act became an States11 On 4 is matter one Court stated

embarrassment to the court and to Hughes e United St tes Code was not enacted as

Even though Hughes let it be known he was a statute nor an it be construed as such It

against the Social Security Act he withheld is only a prim Facie statement of the statute

making a definite vote The vote was 4 to 4 law I construction is necessary

on the matter But the Jewish justice Cardozorecourse must had to the original statutesthemselves

took hold of the case and claimed the Act wasconstitutional Chief Justice Hughes apparently This tells us at the United States Code as

did not say anything probably to avoid further originally estab ished was not on an equalembarrassment plain with a o ginal statutesor the Statutes

at Large The vidence of a thing is not theTechnically the Social Security Act was

thing itself Th s the Code was not true lawheld by the majority of the Supreme Court tobe unconstitutional or at most was a 4 to 4 tie When the US Code started to be used

But nonetheless this decision paved the way for numerous probl ms arose in that it containedmore socialistic legislation and on all mistakes errrs and inconsistencies asindictments which charged a violation of these compared to tl Statutes at Large Thus inlaws was the US Code not the Statutes at 1947 Congress enacted several of the TitlesLarge Thus by the 1940s the Code effectively into positive la such as the act To codifyreplaced the Statutes at Large inallcriminal and enacted int positive law Title 1 of theprbceeaings and rndctments United States CC e In doing so they devised

some new termi i ologyThe Nature and Status of the United States ode The matter set forth

US Code in the edition f the Code of Laws of the

United States current at any time shallWith the US Code the laws of the Statutes together with t e then current supplement if

at Large were not only revised in content any establish i rima facie the laws of thebut in aform nd stYl When incorporated into United States eneral and permanent in theirthe US Code all titles and enacting clauses nature in for on the day preceding the

were removed making the nature of the laws commencement of the session following the

and their source of authority unknown last session t e legislation of which isr included Provi ed however That whenever

Laws within the Statutes at Large were titles of such l ode shall have been enacted

identified as being either public or private laws into positive 1 w the text thereof shall be

11 Five Flags Pipe Line Co v Dept of Transportation 854 F2d 1438 1440 1988 Stephan v United States 319 US415 426 1943 44 Statutes at Large Part 1 preface

12 Murrell v Western Union Tel Co 160 F2d 787 788 1947 also United States i Mercur Corporation 83 F2d 178180 1936

38

legal evidence of the laws therein contained evidence just as circumstantial evidence isin all the courts of the United States the

legal evidence Even hearsay evidence whenseveral States and the Territories and insularrelevant to an issue can be treated as legalpossessions of the United States gevidence The term legal evidence is just aNote the new to legal evidence Butmore general term for most types of evidence

what are these titles legal evidence of It doesLegal evidence A

not say these Tit s of the Code are legal8 general term

meaning all admissible evidence includingevidence of the sta tes of Congress or of the both oral and documentary16

laws of the United States They are legalevidence of the l

Whether Congress enacted a title intoa s they in contained In

positive law is irrelevant as it does not changeother words the t that the laws are in theit into a law of the United States One Federal

Code is in itself le al evidence that they existCourt said that Congresssfailure to enact aSo whatSuch a s tement really says nothingtitle into positive law has only evidentury

at all about the leg nature of those laws Itsignificance In other words it does not

doesntexplain any ing about its nature or its affect the nature of what it is legally The Courtlegal status other A its own existence

further said Like it or not the InternalThis is like saying if a hammer is in your Acvenue Code is the law It can indeed be

hand then that h er in your hand stands as called law but what manner of law is it Whylegal evidence of e hammer in your hand did the court not say that it is an act ofBut it doesnt say anything about the legal Congress or a law under the Constitutionnature of the hamm r Is it your hammer or Another court said regarding the Code thatis it borrowed stole or lost Is it the property Enactment into positive law only affects theof the government or Joe Smith or the XYZ weight of evidence This is because the

corporation Like ise saying that the laws Title has gone though extra proof reading andin a book are evid nce of those laws in the checking to remove the errors and

book says nothing at all about their nature inconsistencies This measure does not changeAre they Acts of C ingress or of the State of the legal nature of the Title of the Code suchFlorida or of the 1 II ted Nations It does not as occurs with a bill when it is enacted into lawsay but only makes e generalized remark that

The use of the words legal evidence wasthey are laws It ob iousl does not mean thatY used to convince people that some changethese laws are consf tutionally enacted or existoccurred when in fact it is just a lot of doublecons tutionallytalk and does not change the nature of what the

Congress or 1 wyers in Congress have US Code really is It really makes nomade this statement o make it appear that there difference if a Title has been enacted intois a difference betty n the Code as it was from positive law for they cannot be regarded as actsthe titles that has een enacted into positive of Congress because they have no evidence oflaw There really i no significant difference being such by way of an enacting clause Thebetween prima f cie evidence and legal greatest evidence of true law is that whichevidence Prima facie evidence is legal bears anen A Federal law

13 61 Statute at Large 633 638 1 USC 204a

14 Hornick v Bethlehem Mines Corp 161 Atl 75 77 307 Pa 264

15 Oko v Krzyzanowski 27 A2d 414 419 150 Pa Sup 20516 BlacksLaw Dictiona 2nd edition p 448

17 Ryan v Bilby 764 11 1325 1328 198518 United States v Zuger 602 FSupp 889 891 1984

39

requires an enacting clause to make it a law STATUTE S ate laws are generally called

coping from the authorized source Congress Session Laws occasionally Acts whilefederal laws a called Public Laws such as

The object of an enacting clause is to sho Public Law 89 10 which is the Voting Rightsthat the act comes from a place pointed out Act of 1965 a d which can be found in 79

by the Constitution as the source of power Statutes at Lar a 437 1965 the latter being

The laws in the US Code are unnamed the official an preferred citation

they show no sign of authority they carry with The Statutes at Large are recognized bythem no evidence that Congress or any other everyone to be the official publication of

wmaking power is responsible for them Federal laws by is not the US Code evenThey lack the essential requisites to make them when enacted in o positive law ever calleda law authorized under articl 1 of the the official so ce of United States laws

Constitution for the United States Could it be beca se the laws in the Code areLook back at the cases cited which stated only the decrees of some committee

that the criminal jurisdiction of the UnitedStates exists only by acts of Congress pursuant r sitive Lawto the Constitution If the question is put forth

The term p hive law is also misleadingto a Federal Court whether the Code cited in

Positive law is a metal designation for a lawan indictment is an act of Congress they could

that is actually o dained or established undernot rightfully say it is If the court says it is

human sanctions as distinguished from the lawit should be asked where is the congressional

of nature or na al law23

Any rule or lawenacting clause for that law as required by 61Statutes at Large 633 634 101 If no such

established and ritten out by human agency is

clause appears on the face of the law it is notpositive law In this sense the US Code was

an act of Congress No criminal jurisdictionfrom the begi e g a type of positive law

exists without a bona fide act of Congress The being written nd established by human

argument in such a case is that the indictment sanctionsie e Committee of the House of

does not set forth a case arising under the Representatives

Constitution as there is no act of ongress with The US C de is also declared to be a

a duly required enacting clause Thus there is codification of 11 the general and permanentno subject matter jurisdiction pursuant to the laws of the Unite States But the articles offederal judicial power defined in Art III 1 war a treaty or n executive order can also be

Nowhere does it say in the Code or by call general and permanent laws of the United

Congress or by the courts that thilaws in the States or posi ive law They are laws that

US Code are acts of Congress In fact the exist under the inited States but they are

Code is always regarded as something different clearly of a di ferent nature than acts of

fro the Statutes at Larger Congress which citizen can be indicted for

But no one denies that the official source toviolatingWe th s come again to the question

find United States laws is the Statutes at of authority Witt is the authority for citizens

eLargeand the Code is only prima facie to follow the la s in the US Code None

vidence of such laws legally exists unlOs one acquiesces to such law19 Ferrill v Reel 151 SW 269 272 105 Ark 380 1912

20 In 102 Congress also established die resolving clause style that is to be used oii all joint resolutions

21 Royer s Inc v United States 265 F2d 615 618 1959

22 Edward Bander Dictionary of Selected Legal Terms and Maxims 2nd edition Oceans Publications 1979 p 7823 Bouvier s Law Dictionary Banks Baldwin Law Pub Cleveland 1948 p 955

40

When Congress enacts sections of the Code sufficient for the text of the entire Title of tho

into positive lark they do so by passing a law Code In the past some courts did hold that theas they did with Title 18 stating to the effect titles on the specialized codes were sufficien t

That Title 18 of the United States Code for the entire code Title 18 thus could only bleentitled Crim s and Criminal Procedure called valid law of the United States if its

is hereby revisd codified and enacted into contents are cited from the Statutes at Largepositive law and may be cited as 18USC nut the government never cites Title 18 from

as follows24 the Statutes at Large on indictments it onlyThe text of Title 18 then follows The cites it as published in the US Code which

measure does not really change anything since has absolutely no enacting clauses on its facethis Title had already been positive law as It is always 18 USC 1951 instead of theit had already been codified The State 62 Stat Lg 1084 The difference is criticalLegislatures ofte do the same thing with theirRevised States hey pass a law saying that the The US Code is not law of Congress bud

material in a ce in collection of books is law it has fooled everbecause a aws used it

But it is fundam ntal that nothing can become it by the committee were based upon laws once

a law just becaus the legislature says it is law passed by Congress If Congress passed somelaws which were then codified by the Russian

INotltingbeco si s a law simply and solely

ecause men ho possess the legislativeower will t at it shall be unless they

xpress their d termination to that effect in

government which code was later recognizesby Congress no one would accept laws cite

from the Russian code as valid law of Congresshe mode poi ted out by the instrument A Russian law against forgery cannot

bhichinvests i en with the power and under charged against us just because an identical law11 the forms which that instrument has

exists in our State Now suppose for instanceendered essen al

I listed some laws for you to follow such asTh forms of legislation include the title You shall not steal

and enacting clause which are both essentialYou shall not murder anyone

aspects of a law This excerpt was quoted bythe Supreme Court of Arkansas who also said You shall not kidnap anyone

All those rul s and a s whether You shall not commit adulteryderived from I e common aw or prescribed Now let me ask you is there any authorityby the Const tution which are of the behind these laws I have written and declaree

ssential of 1 II must be observed Nearly everyone would say there is becauseOffwit 1 and without such

they recognize that God issued similar lawsobservance and compliance the will of theLegislature can have no validity as law and thus there is authority behind them Bum

God did not issue these laws or enact them a5

The US c has none of the forms and law I did I never said they are laws of Godsolemnities that a essential to make it law that

but are my laws They thus have no authoritycitizens in the United States are subject to and as law because I am not a source of law whichCongress cannot make it law by its say so you are subject toThere is no legal relation

It might be argued that the US Title in ship between you and myself just as there isquestion has an enacting clause and title as it no legal relationship between you and the Layexists in the Sttutes at Large and this is eviston Counsel that drafted the US Code

24 62 Statutes At Large 683 June 25 194825 Caine v Robbins 131 P2d 516 518 Nev 1942 citing Cooleys Constitutional Limitations 6th Ed p 15526 Vinsant Admx v Knox 27 Ark 266 277 1871

41

6

Procedure Jurisdiction Arguments

Now that this material of law has been Crillaiial Jurisdictionpresented we next need to know how to Jurisdiction in terms of the authority of aproperly use it in court or against government court are of two main types as Judge Cooldyencroachment Since this information can have states

a devastating affect on the very foundation ofthe current corrupt legal system just arguing The proceedit s in any court are void if it

wants jurisdicti n of the case in which it hasthat the laws used against person are not valid assumed to act Jurisdiction is first of thewill not be very effectual Even though there is subject matter and second of the personsno argument that can be raised against this whose rights a e to be passed uponmaterial judges will be motivated to set it aside

Both types f jurisdiction are required inor rule against it because of their love of money criminal mattersis greater than their love of law and justice To try a pers n for the commission of a

This material however can be used in crime the trial court must have jurisdictiondifferent ways which forces bureaucrats and of both the sub ect matter and the person of

the defendantjudges to accept it or commit obvious acts of ttocorruptio a material can be used or Personal juri diction or the authority toPidrairerby way of affidavit abatement judge a person s primarily one of venue orhabeas corpus memorandum and motion to procedure Gen rally if one is standing in adismiss or demurrer In each casenain court it has so le degree of jurisdiction overissues are thatofvalid law ud and lack that person us if one is named in a suitof subject matter jurisdiction It is important but is absent om court by being either into understand how this mat rial irectly affects prison or by e cape there is a want of

9the jurisdiction of the court jurisdiction over the person and the Court

There have been of course many wrongcannot proceed w th the trial In some cases

and erroneous arguments upon this subject of certain irregular ties in procedural matters

jurisdiction Most readily see the results of a such as not hay ng a complaint or affidavit

corrupt and spiritually debauched society signed or failur to apprise the defendant of

economy and government and want nothing tothe nature and ca e of the accusation can affect

do with it so they make up some jurisdictional personal jurisdic on But such irregularities inobtaining pers nal jurisdiction may beargument to get out of the system While

the general concept seems right the argumentswaived Thu jurisdiction of the person

about jurisdiction have not been legally sound may be conferred by consent and by pleadingSo we need to accuratelyatel understand the matter

to the merits of tlis case4

Also any lack

orjurisdiction in the criminal systemm of jurisdiction over the person is waived by his

1 Thomas M Cooley A Treatise on the Constitutional Limitations Little Brown Co Boston 1883 p 4932 21 American Jurisprudence Criminal Law 338 p 5883 State v Brown 64 SW2d 841 849 Tenn 1933

42

appearance through counsel It is also true system one which causes it to exist and operatethat any irregul ities in procedural matters without any actual jurisdiction that citizens areai

which might inhibtpersonal jurisdiction can be subject to This flaw relates to subiect mattexcorrected and the ase be retried jurisdiction not personal jurisdiction The

The jurisdicti nal arguments most patriots sysTem thto has grown up around us has a defecthave been raisin in recent times deal with which causes a lack of subject matter

persanal jurisdiction that is they claim the jurisdiction in the courts which means no

Courthas no jurisd ction to try them personally criminal case can be lawfully tried

But one can not si ii ply claim a lack of personal But it is important that one know of thisjurisdiction witho t any legal grounds and then defect so it can be asserted against officials orexpect the court t just dismiss the matter in court for if it is not then the defect is as

though it doesnt exist Thus the key lies inAs we have s nit is rare to have an issue

understanding subject matter jurisdictionregarding perso 1 al jurisdiction that willcompletely stop p i oceedings or end the action r

Sub ect Matter Jurisdictionagainst a person a ne of the few exceptions isf

if the person is a foreign ambassador or r Jurisdiction of the subject matter involvesdignitary with dip omatic immunity in which the actual thing involved in the controversy Ina treaty exists wit 1 his country civil matters it is usually some property or

Some have sserted th t they areamoney in dispute or it might be the tort or

nonresident or nonresident alien and wrong one committed against another or it

thus do not come icfer the jurisdiction of the might be a contract marriage bankruptcylien or will that is in dispute If the propertycourts or laws of I ongress or the State But itor thing in dispute never existed there wouldmatters not where one lives or if he is a citizenbe no subject matter jurisdiction

or alien for all i 1 the land are subject to thelaws of the nation Aliens cannot come to this qin criminal proceedings the thing that formscountry and viola e laws with immunity and the subject matter is the crime or public offensethen claim our co its are powerless to try and that is allegedly committed

r

punish them for th it acts The courts do have The subjectmatter of a criminal offense isjurisdiction over liensfyou go to Mexico the crime itself Subjectmatter in itsand break their laws and claim that you are a broadest sense means the cause the objectnonresident alien for America citizen it isnt the thing in disputegoing to hold any water If that is your only Most cases in which there would be a wantdefense you would end up in a Mexican prison of subject matter jurisdiction are often self

Jurisdictional arguments to be of any evident If a subject matter or crime is outside

merit even in the resent day de facto courts the territorial jurisdiction of the court it wouldhave to be based a on some concept of law that not have jurisdiction over the thing or crimewould have had i erit 150 years ago All of

involved Also certain types of courts arethe popularjursdi4tional arguments used today given the authority either by constitutionalfail this test But by Divine Providence a flaw grant or statute to hear certain types of caseshas been place within the current corrupt legal A federal tax court has subject matter

jurisdiction over federal tax matters not over4 Smith v State 148 S 858 860 Ala App 19335 State v Smith 70 42d 175 177 6 NJ Super 85 19496 Stilwell v Markham 10 P2d 15 16 Kan 1932

43

state tax matters or over bankruptcy cases A Even if one fails to raise the issue of the

probate court has jurisdiction over a will but lack of subject Matter jurisdiction at trial theyhas no subject matter jurisdiction over the can still raise the issue upon appealcrime of burglary A Justice of the Peace who It is elements that the jurisdictio of the

is given authority to hear misdemeanor cases court over the ubject matter of the action ishas no subject matter jurisdiction to hear any the most crit cal aspect of the courts

felony cases authority to ac Without it the court lacks

any power to roceed therefore a defenseIt thus is said in a general sense that subject based upon thi lack cannot be waived and

matter jurisdiction refers to the power of the may be asserte at any time Accordinglycourt to hear and decide a case or a particular the appellant may raise t e issue of

class of cases this is because jurisdiction of a jurisdiction ov r the matter for the first time

court is derived from law constitution or on appeal alth ugh they initially failed to

statute and cannot be conferred by consentraise the issue efore the trial court

he law creates courts and defines their A reviewing curt is required to consideredpowers Consent cannot authorize a judge the issue of su ject matter jurisdiction evento do what the law has not given him the where it was of raised below in order to

power to do avoid an unw ranted exercise of judicialauthorityBecause subject matter jurisdiction is af

matter of law and authority of the court to hear There is notlf g that one can do or fail toa matter the accused can not waive the lack of do that would ca se the issue of subject matterit or even give his consent to it if it does not jurisdiction to be lost Even if a person pleadsexist Thus the issue of subject matter guilty he can la er on raise the issue if thejurisdiction can be raised at any time during the subject matter ju isdiction never existedcase even after a plea has been entered Subject matt r jurisdiction cannot be

Jurisdiction of the subject matter is derived conferred by guilty plea if it does notfrom the law It can neither be waived nor otherwise exist

conferred by consent of the accused The guilty plea Dust confess some punishableObjection to the court over the suect matter The to form the basis of a sentence Themay be urged at anystageo the proceedings effect of a plea f guilty is a record adm ssionand t en to make sucVanolj do iss of whatever is ell alleged in the indictmentneverwaived However iiiTiafcraonoe If the latter is i sufficient the plea confessesperson of the defendant may be acquired by nothingconsent of the accused or by waiver ofobjections8 In this case a man was charged with a

fe onytheft cha ge to which he entered intoIit is everywhere held that jurisdiction over a plea bargain an pleaded guilty But the factssubject matter or cause of action cannot be alleged in the ind ctment did not constitute the

upon a Court by consent or waiver offense charged There thus was no subjectAut may be questioned at any stage of the matter jurisdiction and the conviction was

proceedings void

7 Singleton v Commonwealth 208 SW2d 325 327 306 Ky 454 19488 21 American Jurisprudence 2nd Criminal Law 339 p 589

9 Harris v State 82 A2d 387 389 46 Del 111 1950

10 Matter of Green 313 SE2d 193 195 NCApp 1984

11 Honomichl v State 333 NW2d 797 799 SD 198312 People v McCarty 445 NE2d 298 304 94 1112d 28 1983 cases cited

r44

There thus are cases where persons have In Wisconsin a case involved a charge forbeen convicted and put into prison but later violating a law which had actually beetsdiscovered the ack of subject matter juris repealed There was a motion hearing on thydiction submitte a habeas corpus based upon issue of whether the court had subject matter

the jurisdictional defect and were released jurisdiction and the Supreme Court held

Subject ma r jurisdiction involves moreWhere the offense charged does not exist

than having the ri ht offense for the right courtthe trial court lacks jurisdiction

Even if the court as jurisdiction over the type In a case in Minnesota a man was chargedclass or grade of crime committed it will still with the offense of Being an Habituajlack subject mattr jurisdiction if thelawwhich Offender But the statute this a

e crime isb t n is invalid void crime it only increased the punishment for a

unconstitutiiiina ornonexis nt crime e State Supreme Court said the man

Jurisdiction ove the subject matter of actioncould no be convicted of a crime because the

is essential to p wer of court to act and is statute used did not state an offense which

conferred only y constitution or by valid meant the court was without subject matterstatute jurisdictionsThe court in st be authorized to hear a An invalid unconstitutional or non existent

crime and have a valid law that creates a statute also affects the validity of the chargingcrime Thus th crux of subject matter document that is thesomn1aiink Victnjurisdiction is alw ys the crime or offense If a 9rinformation If these documents are void

law is invalid the le is no crime if there is no or fatally defective there is no subject matterecme ere is no ubject matter jurisdiction jurisdiction since they are the basis of the

If a criminal sta to is unconstitutional the OUrts jurisdictioncourt lacks s b tmatter uris n and When a criminal defendant is indicted undtcannot proceed t try the case a not yet effective statute the charging

In a case whe e a man was convicted ofdocument is void

violating certain s tions of some laws he later The indictment or complaint can be invalid

claimed that the aws were unconstitutional if it is not constructed in the particular mode or

which deprived the county court of jurisdiction form prescribed by constitution or statute

to try him for tho offenses The Supreme42 GJS I dictments and Informations

Court o regonh Id1 p 833 But it also can be defective and

L void when it charges a violation of a law andIf these sections are unconstitutional the law that law is void unconstitutional or nonis void and an offense created by them is not

existent If the charging document is void thea crime and a conviction under them cannot

subj t matter jurisdiction of a court does notbe a legal cause of imprisonment for nocourt can acquire jurisdiction to try a person

exist

for acts which are made criminal only by an e The want of a sufficient affidavit complaintunconstitutional law or information goes to the jurisdiction of the

13 Brown v State 37 i E2d 73 77 Ind 1941

14 22 Corpus furls Securdum Criminal Law 157 p 189 citing People v Katrinak 185 CalRptr 869 136 CalApp3d145 1982

15 Kelley v Meyers 263 P 903 905 Ore 192816 State v Christensen329 NW2d 382 383 110 Wis2d 538 1983

17 State ex rd Hansen N Rigg 104 NW2d 553 258 Minn 388 196018 State v Dungan 718 P2d 1010 1014 149 Ariz 357 1985

j 45

court and renders all proceedings violation of the la by the king or one of hisprior to the filing of a proper instrument void

ministers When a erson is outside the kingsab initio

jurisdiction there s no law he is subject toJurisdiction then is brought to a court by But the reverse of is is also true that being

way of a complaint information or indictment if there is no law o the king then there is noIf these instruments fails to charge a crime jurisdiction or au ority to judge the personthere can be no subject matter jurisdiction even if he is the ki gs subject

Zhe allegations in the indictment or If a crime is al eged but there is no law toinformation determines the jurisdictionofthe

form the basis o i that crime there is no

jurisdiction to try a td sentence one even though

Where an information charges no crime thela

rec o tod and the

court lacks jurisdiction to try the accused cae

Theresubj

has

t a

be a

legislalawa valid

byw for

and a motion to quash the information or subject matter juris fiction to existcharge is always timely2

The current c 4 rrupt legal system has inWithout a formal and sufficient indictment effect sown its o n seeds of destruction byor information a court does not acquire arbitrarily forming codes and revised statutessubject matter jurisdiction and thus an All complaints or tdictments today cite lawsaccused may not be punished for a crime22 form these codes or revised statute books which

One way in which a complaint or contain no enactin clauses All laws which

indictment fails to charge a crime is byits fail to have an ena ting clause are not laws offailure to have the charge based upon a valid or the legislative b o y we are constitutionallyexisting law Complaints or indictments which subject to Thus if a complaint or informationcite invalid laws or incomplete laws or charges one with 1 ws which have no enactingnonexistent laws are regarded as being invalid clause then they ci e no valid laws they citeon their face Thus they are said o be fatall no valid laws the 1 the complaint charges nodefective or fatally b Usually when crime and the court has no subjectmattersuch amtters occur the accused would have the jurisdiction to try the accusedcomplaint or indictment set aside either by a No complaint or indictment can allege thatmotion to quash or a demurrer But

a crime has been committed when there is nowith todays system if they are not based on law which makes the act a crime Whenthe jurisdictional question such a motion can

common law c imes were commonlybe easily denied prosecuted in stat courts there were many

The crux then of this whole issue of cases that arose wh re the accused claimed the

jurisdiction revolves around law that is the act was not a crime t common law Thus whenlaw claimed to be violated If one is subject to issued a complaint or indictment the accuseda law they are then under the jurisdiction of would before trail demurer to the complaintsome authority If a king passes a law then or file a motion to quash the complaint basedthose who are subject to the law are under his on the fact that th complaint failed to citedjurisdiction and they can be judged for the anything that was a rime It thus might be held19 22 Corpus Juris Secundum Criminal Law 324 p 390

20 Ex pane Waldock 286 Pac 765 766 Okla 1930

21 People v Hardiman 347 NW2d 460 462 132 MichApp 382 1984 22 Corpus iris Secundum Criminal Law157 p 188 citing People v McCarty 445 NE2d 298 94 1112d 28

22 Honomichl v State 333 NW2d 797 798 SD 1983

46 v

Jk

that the act was not a crime aticommon law violated it matters not how arbitrary t

and since there was no law the court had no government has been in violating due processjurisdiction over that subject matter of law a court can rule against you and it is

The legal system today does not recognize only regarded as error or a wrong decisioncommon law crimes and thus a only thing

The judge can give the most incorrect terroneous or illogical decision and it is bindinguntil it is reversed by a higher court

that is a crime is made so by s tute If thereis no statute or law for the crime alleged therecan be no crime and if there is o crime there The ower of a c to decide includes the

is nosubjectbject matter jurisdictioj

flaw does power to ecide

ourt

wrongl An erroneous

not exist or is not constitutional the complaintdecision is as to ng as one that is correctuntil it is set aside or corrected in a manner

is void and it cannot ive biectmatter provided by law 26jurisdiction to the court

It may be hard for many to accept thisconcept especially in light of the corrupt courts 5Error Versus Usur ationthat exist today But it would not be a problem

The better understand why 1 must be an if judges and other leaders were godly men asissue of subject matter jurisdicti II 1 we need to prescribed by the Bible

hunderstand te powers and 1 r tions placed Moreover you shall select from all the peopleupon a court by fundamental la able men such as fear God men of truth

hating covetousness and place such overThe Jurisdiction of a court in essence itsthem to be rulers Exod 1821

authority to hear and decide a n atter But a

court or a judge is in actuality a uman agency There was a time in this country that whenand as such are liable to make a mistake or

a man was elected to office he had to take an

error on some issue they de ide All of oath that he believed in God and believed in a

history is replete with examples of such error future state of rewards and punishments Butthe spiritual condition of the nationoccurring It thus is universe ly recognized

nation has taken

that a court which has proper jurisdiction has on an evil disposition which has a definite

the right to be wrong in its judgment affect on the nature of the legal system The

6he jurisdiction and authority to enterresult has been courts which defy the law ofGod uphold unconstitutional laws support

judgment includes the power to decide a case abortion allow propertywronglya3 P Perry to be taken withoutdue process and other wrong decisions

Jurisdiction it is agreed includ s the power The key then is not to find the right law orto determine either rightfully or wrongfully argument to present in court but to somehowIt can make no difference how erroneous the

remove the jurisdiction of the court so that thedecision may be24right to decide wrongly does not exist This

Jurisdiction to decide is jurisdic ion to make can be done by showing that there are no valida wrong as well as a right dec laws charged against you because they do not

have enacting clauses or titles Without validIt matters not how unconsti tional a law

laws there is no subject matter jurisdiction andis it matters not how much your rights areany decision rendered is void There can be no

23 Provance v Shawnee Mission Unified School 683 P2d 902 235 Kan 927 198424 Garcia v Dial 596 SW2d 524 54 TexCrApp 1980 Olson v Cass County 253 NW2d 179 183 ND 197725 Pope v United States 323 US 1 65 Sup Ct Rep 16 23 1944 cases cited26 Mayhue v Mayhue 706 P2d 890 83 note 7 Okla 1985

47

valid judgment either right or wrong without Where the ourt is without jurisdiction

this type of jurisdiction it has no authori y to render any judgmentother than one o dismissal

No authority need to be cited for theproposition that when a court lacks A judge or court may be in a legal sense

jurisdiction any judgment rendered by it is immune from any claims that it is guilty ofvoid and unenforceable and

without corruption beca of its improper exercise ofany force or effect whatever jurisdiction H wever it has no suchWhere judicial tribunals have no jurisdiction protection where i tacks jurisdiction and the011utrJteet affertiieprodaSingsarevoid issue has been r iced and asserted before

ere su jectmatter jurisdiction does not judgment Thus w en the lack of jurisdictionexist any bad wrong or corrupt decision is has been shown judgment re eyed is not

void but if the jurisdiction exists a wrong or only void but is a so usurpationerroneous decision is only voidable braeal

Jurisdiction is a ndamenprequisite toThe test of jurisdiction is the right to decide a valid prosecu n and conviction and a

not right decision Judgments of courts usurpation thereo is a nullity y

which at the time the judgments wererendered had to jurisdictiog are If excessive a ercise of authority hasabsolutely vim and may be attacked an reference to wan of power over the subjectdefeated collaaeraTi unme other hand matter the res1il is void when challengedjudgments of courts empowered to hear and directly or collat rally If it has referencedetermine issues related to the subject matters merely to the jud ial method of the exerciseand persons although such judgments may of power the r cult is binding upon thebe illegal and wrong are simply voidable parties to the li ation till reversedand are not open to collateral attackk The former is us ation the latter error in

The only remedy to correct an error orjudgment

illegal decision is by appeal But the judges of The line which s parates error in judgmentthe appeals court also have the right to makefrom the usu tion of power is very

error or be wrong and can thus support the 34definite

illegal decision of the trial court But if the trialcourt decision was void for lack of jurisdiction

thethe laws n use today are invaligdn

their face it dep Ives the court of subjectit cannot be made valid by an appeal decisionmatter jurisdictionmmatteisdiction For the court to pro

Even though a void judgment is affirmed on with trial and make judgment or sentence afterappeal it is not thereby rendered valid such a jurisdictio 1 challenge has been madeWhen jurisdiction is lacking the court can it is simply an act of usurpation and treason

do nothing except dismiss the cause of action The importance of this material is that it forcesAnd other court proceeding is usurpation the courts to either completely retract from

ofjurisdiction and the improper exercisexercise enforcing corrupt and ungodly laws or it

ofjurisdiction are vitally different concepts forces them to establish the grounds for

27 Hooker v Boles 346 Fed2d 285 286 1965 Honomichl v State 333 NW2d 797 X799 SD 198328 21 Corpus Juris Secundum Courts 18 p 25 People v Mckinnon 362 NW2d 09 812 MichApp 198529 United States v US Fidelity Guaranty Co 24 FSupp 961 966 1938 47 Am

Jtr2d Judgments 916

30 Ralph v Police Court of City of El Cerrito 190 P2d 632 634 84 CaApp2d 257 1 4831 Garcia v Dial 596 SW2d 524 528 TexCrApp 198032 22 Corpus Juris Secundum Criminal Law 150 p 183

33 Harrigan v Gilchrist 99 NW 909 934 121 Wis 127 190434 Voorhees v The Bank of the United States 35 US 449 47475 1836

48

revolutionusurpa on and tyranny There is direct attack which will be successful upon

no right to commit yranny or usurpation and showing the error while an attempt to do

such acts can be isobeyed or resisted A the same thing in any other proceeding is acollateral attack which will be succ ssful

maxim of law state s1A only upon showing a want of powerA judge who excee is his office or jurisdiction The American colonists at first attacked theis not to be obeyed usuffation and rann of King George directlyHe who exercises judicial authority beyond with petitions and redresses Later on theyhis proper limits can not be obeyed with attacked it in a collateral sense by force of armssafety or imptinity and by proclaiming their independence fromA judge cannot claim immunity to acts of that government However no act or judgment

usurpation for the 1 w does not recognizesuch can be attacked until it is understood how and

acts Thus one c ofb punished for no why it is without power or authority This

obeying a judgment rendered by usurpation or material on authority of law can give the peoplewant of jurisdiction this land the right tocollaaterally attack the

is legal system and governmente rulee is fundadam ntal that where the court

has no jurisdiction over the subject matter of If one is asked to plead to the charges itthe action all pr eedings in such action arevoid The rule is likewise well settled that

shou d be said that you can t plead at this time

refusal to obey a old order or judgment is because you believe that the subject matter for

not contempt36

J this case is lacking and you choose fist to

It should be stat d in all fairness that an actsubmit a motion to dismiss on that grounds Thegovernment may try to say that the laws in

cannot really be clasified as usurpation unlessquestion were lawfully passed by the

the problem is revs led and the judge warnedLegislature pursuant to the Constitution

of the situation T American colonists knewTechnically this can be said since laws like the

that it was pro r I first warn King George ofones in the Revised Statutes or US Code

his acts of usurpati n and tyranny before they were passed by the Legislature but this is notcould take action gainst him Up to now

the issue The issue is not whether the lawsjudges have escaped being held accountable for charged against you or laws like them werecommitting lisurpati n or canny for using in

passed by the Legislature or Congress butlaw against cit ns If this is not pointed rather that they dontexist in their current state

out and oblecte it is assumed the accusedas valid laws That is they fail to follow the

has acquiesced tope invalidity of the lawvalid form and style of a law due to the manner

There must be notice nd warning of the matter in which they are published or pro r If

1tis often held that a void judgment or an tfiecourt says that the authority for the law isact committed without jurisdiction can be the legislature the reply should be where isattacked collaterally which means it can be the legislative enacting authority for the lwattacked differently from what the law usually The following is an example of a memoranprescribes as one xt writer explains dum and motion to dismiss due to lack of

There are only tw ways to attack a judicial subject matter jurisdiction With this argumentproceeding dire t and collateral Any you are not asking for the charges to beproceeding provid d by law for the purposeof avoiding or ca acting a judgment is a dismissed since legally there are no charges

but rather that the cause of action be dismissed

35 See Maxims of Law ledited by C Weisman 63z 66m36 Wolski v Lippincott 25NW2d 754 755 Neb 1947

37 John M Vanfleet The Law of Collateral Attack on Judicial Proceedings Callaghan Co Chicago 1892 p 5

49

STATE OF MINNESOTA DISTRICT COURT

ICOUNTY OF HENNEPIN 4TH JUDICIAL DISTRICT

State of Minnesota MEMORANDUM AND

Plaintiff MOTION TO DI MISS

FOR LACE OF

vs SUBJECT MATT R

JURISDICTION

John R Smith Court Case Nos KX952125

Accused KO952277

COMES NOW THE ACCUSED denying and challenging thej

C yl g 1 8 jurisdiction of the7

abovenamed court over the subject matter in the above entitled cause for the reasons

explained in the following memorandum

MEMORANDUM OF LAW

I The Nature of Subject Matter Jurisdiction

The jurisdiction of a court over the subject matter has b 4n said to be essential

necessary indispensable and an elementary prerequisite to the exercise of judicial power21 CJSCourts 18 p 25 A court cannot proceed with a trial or make a judgmentwithout such jurisdiction existing

It is elementary that the jurisdiction of the court over the subject matter of the action isthe most critical aspect of the courts authority to act Without it the court lacks anypower to proceed therefore a defense based upon this lack cann t be waived and maybe asserted at any time Matter of Green 313 SE2d 193 NC pp 1984

Subject matter jurisdiction cannot be conferred by waiver Or consent and may beraised at anytime Rodrigues v State 441 So2d 1129 FlaApp 1983 The subjectmatter jurisdiction of a criminal case is related to the cause of action in general andmore specifically to the alleged crime or offense which creates the action

Page 1of17

50

The subjectm tter of a criminal offense is the crime itself Subjectmatter in its broadestsense means a cause the object the thing in dispute Stillwell v Markham 10 P2d15 16 135 K 206 1932

An indictme t or complaint in a criminal case is the main means by which a courtobtains subject atter jurisdiction and is the jurisdictional instrument upon which theaccused stands t ial State v Chatmon 671 P2d 531 538 Kan 1983 The complaintis the foundatio of the jurisdiction of the magistrate or court Thus if these charginginstruments are nvalid there is a lack of subject matter jurisdiction

Without a fo al and sufficient indictment or information a court does not acquire subjectmatter jurisdic ion and thus an accused may not be punished for a crime Honomichl vState 333 N 2d 797 798 SD 1983

A formal accu ation is essential for every trial of a crime Without it the court acquiresno jurisdiction to proceed even with the consent of the parties and where the indictmentor information is invalid the court is withoutjurisdiction Ex parte Carlson 186 NW722 725 17 Wis 538 1922

Without a v lid complaint any judgment or sentence rendered is void ab initioRalph v Police I ourt of El Cerrito 190 P2d 632 634 84 Cal App2d 257 1948

Jurisdiction to and punish for a crime cannot be acquired by the mere assertion of itor invoked oth rwise than in the mode prescribed by law and if it is not so acquired orinvoked any j gment is a nullity 22 CJS Criminal Law 167 p 202

The charging instrument must not only be in the particular mode or form prescribedby the constituti n and statute to be valid but it also must contain reference to validlaws Without a slid law the charging instrument is insufficient and no subject matterjurisdiction exist for the matter to be tried

Where an info anon charges no crime the court lacks jurisdiction to try the accusedPeople v Har iman 47 NW2d 460 462 132 MichApp 382 1984

Whether or nit the complaint charges an offense is a jurisdictional matter Ex parteCarlson 186 isW 722 725 176 Wis 538 1922

Invalid laws harged against one in a criminal matter also negates subject matter

jurisdiction by the shear fact that they fail to create a cause of action Subject matteris the thing in controversy Holmes v Mason 115 NW 770 80 Neb 454 citing BlacksLaw Dictionary Without a valid law there is no issue or controversy for a court todecide upon T us where a law does not exist or does not constitutionally exist orwhere the law is valid void or unconstitutional there is no subject matter jurisdiction

to try one for an I offense alleged under such a law

If a criminal s tote is unconstitutional the court lacks subjectmatter jurisdiction andcannot proceed o try the case 22 CJS Criminal Law 157 p 189 citing Peoplev Katrinak 1 CalRptr 869 136 CalApp3d 145 1982

Where the offense charged does not exist the trial court lacks jurisdiction State v

Christensen 329 NW2d 382 383 110 Wis2d 538 1983

Page 2 of 17

51

Not all statutes create a criminal offense Thus where a an was charged with astatute which does not create a criminal offense such person s never legally chargedwith any crime or lawfully convicted because the trial court di not have jurisdictionof the subject matter State ex rel Hansen v Rigg 258 Minn 388 104 NW2d 553

1960 There must be a valid law in order for a subject matt r to exist

In a case where a man was convicted of violating certain sctions of some laws helater claimed that the laws were unconstitutional which depri ed the county court of

jurisdiction to try him for those offenses The Supreme Court of Oregon heldIf these sections are unconstitutional the law is void and an offe se created by them isnot a crime and a conviction under them cannot be a legal cans of imprisonment forno court can acquire jurisdiction to try a person for acts which re made criminal onlyby an unconstitutional law Kelly v Meyers 263 Pac 903 905 Ore 1928

Without a valid law there can be no crime charged under t I at law and where thereis no crime or offense there is no controversy or cause of acti n and without a cause

of action there can be no subject matter jurisdiction to try a pe son accused of violatingsaid law The court then has no power or right to hear and ecide a particular case

involving such invalid or nonexistent laws

These authorities and others make it clear that if there a e no valid laws charged

against a person there is nothing that can be deemed a cri e and without a crime

there is no subject matter jurisdiction Further invalid or nlawful laws make the

complaint fatally defective and insufficient and without a va id complaint there is alack of subject mater jurisdiction

The Accused asserts that the laws charged against him a not valid or do not

constitutionally exist as they do not conform to certain constitu ional prerequisites andthus are no laws at all which prevents subject matter jurisdic ion to the abovenamedcourt

The complaints in question allege that the Accused has committed several crimesby the violation of certain laws which are listed in said complaints to wit

Intent to escape tax MS 16835

No Plates Affixed to Vehicle MS 16979

No insurance MS 169797 Subd 2

No Minnesota Registration MS 16836

Driving after revocation MS 17124 Subd 2

I have been informed that these laws or statutes used in the complaints againstmyself are located in and derived from a collection of books titled Minnesota Statutes

Upon looking up these laws in this publication I realized that they did not adhere toseveral constitutional provisions of the Minnesota Constitutio

Page 3 of 17

52

By Article 4 of the Constitution of Minnesota 1857 all lawmaking authority forthe State is vested in the Legislature of Minnesota This Article also prescribes certainforms modes and procedures that must be followed in order for a valid law to existunder the Constitution It is fundamental that nothing can be a law that is not enacted

by the Le islature prescribed in the Constitution and which fails to conform toconstitute nal forms prerequisites or prohibitions These are the grounds for

challengin the subject matter jurisdiction of this court since the validity of a law ona complai t or indictment goes to the jurisdiction of a court The following explainsin authoritative detail why these laws cited in the complaints against the Accused arenot constitutionally valid laws

II By Co stitutional Mandate all Laws Must Have an Enacting Clause

One of the required forms that all laws are required to follow by the Constitutionof Minnes to 1857 is that they contain an enacting style or clause This provision isas follows

Article Sec 13 The style of all laws of this State shall be Be it enacted by theLegislatu a of the State of Minnesota

None o the laws cited in the complaints against the Accused as found in theMinnesot Statutes 1994 contain any enacting clauses

The co stitutional provision which prescribes an enacting clause for all laws is notdirectory b t is mandatory This provision is to be strictly adhered to as asserted bythe Suprem Court of Minnesota

Upon bot principle and authority we hold that article 4 13 of our constitution whichprovides t the style of all laws of this state shall be Be it enacted by the legislatureof the sta a of Minnesota is mandatory and that a statute without any enacting clauseis void Sjoberg v Security Savings Loan Assn 73 Minn 203 212 1898

Add other material here relating to the mandatory nature of enacting clauses

III What s the Purpose of the Constitutional Provision for an Enacting Clause1To determine the validity of using laws without an exacting clause against citizens

we need to determine the purpose and function of an enacting clause and also to seewhat problens or evils were intended to be avoided by including such a provision inour State Constitution One object of the constitutional mandate for an enacting clauseis to show tlat the law is one enacted by the legislative body which has been given thelawmaking authorit under the Constitution

The pur oo a of thus prescribing an enacting clausethe style of the acts 4s to establish

it to give it permanence uniformity and certainty to identify the act of legislation asof the ge eral assembly to afford evidence 4f its legislative statutory nature and to

secure uni amity of identification and thus prevent inadvertence possibly mistake and

Page 4 of 17

53

fraud State v Patterson 4 SE 350 352 98 NC 660

188782 CJS Statutes

65 p 104 Joiner v State 155 SE2d 8 10 223 Ga 367 1967

What is the object of the style of a bill or enacting clause anyway To show the authorityby which the bill is enacted into law to show that the act com from a place pointedout by the Constitution as the source of legislation Ferrill v Ke I 151 SW 269 272105 Ark 380 1912

To fulfill the purpose of identifying the lawmaking author ty of a law it has beenrepeatedly declared by the courts of this land that an enacting clause is to appear onthe face of every law which the people are expected to follow nd obey

The almost unbroken custom of centuries has been to preface la s with a statement insome form declaring the enacting authority The purpose of an e ting clause of a statuteis to identify it as an act of legislation by expressing n its f ce e authori behind the

act 73 Am Jur2d Statutes 93 p 319 320 Preckel v Byrne 243 NW 823826 62 ND 356 1932

For an enacting clause to appear on the face of a law t must be recorded orpublished with the law so that the public can readily identi the authority for that

particular law they are to follow The statutes used in the complaints against theAccused have no enacting clauses They thus cannot be ident ed as acts of legislationof the State of Minnesota pursuant to its lawmaking authority under Article IV of theConstitution of Minnesota 1857 since a law is mainly i ntified as a true and

Constitutional law by way of its enacting clause The Sup eme Court of Georgiaasserted that a statute must have an enacting clause even thoug i their State Constitutionhad no provision for the measure The Court stated that an en cting clause establishesa law or statute as being a true and authentic law of the State

The enacting clause is that portion of a statute which gives it jurisdictional identity andconstitutional authenticity Joiner v State 155 SE2d 8 10 Ga 1967

The failure of a law to display on its face an enacting clause deprives it of essentiallegality and renders a statute which omits such clause as a n lity and of no force oflaw Joiner v State supra The statutes cited in the complains have no jurisdictionalidentity and are not authentic laws under the Constitution of innesota

The Court of Appeals of Kentucky held that the constitutional provision requiringan enacting clause is a basic concept which has a direct affect upon the validity of alaw The Court in dealing with a law that had contained no enacting clause stated

The alleged act or law in question is unnamed it shows no sin of authori it carrieswith it no evidence that the General Assembly or any other lawm g power is responsibleor answerable for it By an enacting clause the makers of t e Constitution intendedthat the General Assembly should make its impress or seal as it we le upon each enactmentfor the sake of identity and to assume and show responsibili While the

Constitution makes this a necessity it did not originate it The cus am is in use practicallyeverywhere and is as old as parliamentary government as old as kings decrees andeven they borrowed it The decrees of Cyrus King of Persia w ich Holy Writ recordswere not the first to be prefaced with a statement of authority The law was delivered

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to Moses in a name of the Great I Am and the prologue to the Great Commandmentsis no less maj tic and impelling But whether these edicts and commands be promulgatedby the Supre a Ruler or by petty kings or by the sovereign people themselves they havealways begun with some such form aR a eviden of power and authority Commonwealth

v Illinois Ce t R Co 170 SW 171 172 175 160 Ky 745 1914

The laws used against the Accused are unnamed They show no sign of authority

on their face a recorded in the Minnesota Statutes They carry with them no evidencethat the Legislature of Minnesota pursuant to Article IV of the Constitution ofMinnesota 18 7 is responsible for these laws Without an enacting clause these laws

referenced to i the complaints have no official evidence that they are from an authoritywhich I am su ject to or required to obey

When the question of the objects intended to be secured by the enacting clauseprovision wa before the Supreme Court of Minnesota the Court held that such aclause was ne essary to show to the people who are to obey the law the authority fortheir obedien e It was revealed that historically this was a main use for an enactingclause and th its use is a fundamental concept of law The Court stated

All written aws in all times and in all countries whether in the form of decrees issuedby absolute monarchs or statutes enacted by king and council or by a representativebody have as a rule expressed upon their face the authority by which they werepromutgat or enacted The almost unbroken custom of centuries has been to prefacelaws with a statement in some form declaring the enactinst authority If such an enactingclause is a mere matter of form a relic of antiquity serving no useful purpose whyshould the onstitutions of so many of our states require that all laws must have anenacting cl use and prescribe its form If an enacting clause is useful and important ifit is desirab e that laws shall bear upon their face the authority by which they are enactedo that the ogle who are to obey them need not search legislative and other records toascertain t authority then it is not beneath the dignity of the framers of a constitutionor unworth of such an instrument to prescribe a uniform style for such enacting clause

The words of the constitution that the style of all laws of this state shall be Be itenacted by the legislature of the state of Minnesota imply that all laws must be soexpressed r declared to the end that they may express upon their face the authority byw ch the e e enact d and if they do not so declare they are not laws of this stateSjoberg v Security Savings Loan Assn 73 Minn 203 212214 1898

I

This cased was initiated when it was discovered that the law relating to buildingloan and savngs associations had no enacting clause as it was printing in the statutebook Laws 1897 c 250 The Court made it clear that a law existing in that manneris void Sjoeer supra p 214

The purported laws in the complaints which the Accused is said to have violatedare referenced to various laws found printed in the Minnesota Statutes book I havelooked up the laws charged against me in this book and found no enacting clause for

any of these laws A citizen is not expected or required to search through other recordsor books for the enacting authority If such enacting authority is not on the face of

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55

the laws which are reference to in a complaint then they are not laws of this stateand thus are not laws I am subject to Since they are not laws of this State theabovenamed Court has no subject matter jurisdiction as there can be no crime which

can exist from failing to follow laws which do not constitutionally exist

In speaking on the necessity and purpose for each law to be prefaced with an enactingclause the Supreme Court of Tennessee quoted the first portion of the Sjoberg casecited above and then stated

The purpose of provisions of this character is that all statutes ma bear upon their facesa declaration of sovereign authority by which they are enacted nd declared to be the

law and to promote and preserve uniformity in legislation Suc clauses also import acommand of obedience and clothe the statute with a certain digni believed in all times

to command respect and aid in the enforcement of laws State v urrow 104 SW 526529 119 Tenn 376 1907

The use of an enacting clause does not merely serve as a flag under which billsrun the course through the legislative machinery Vaughn Rgsdale Co v State BdofEq 96 P2d420424 Mont 1939 The enacting clause of a I w goes to its substanceand is not merely procedural Morgan v Murray 328 P2d 644 654 Mont 1958

Any purported statute which has no enacting clause on its fa e is not legally bindingand obligatory upon the people as it is not constitutionally a 1 at all The SupremeCourt of Michigan in citing numerous authorities said that a 1 enacting clause was arequisite to a valid law since the enacting provision was mand tory

It is necessary that every law should show 9n its face the authority by which it is adoptedand promulgated and that it should clearly appear that it is intended by the legislativepower that enacts it that it should take effect as a law People v Dettenthaler 77 NW450 451 118 Mich 595 1898 citing Swann v Buck 40 Miss 270

The laws in the Minnesota Statutes do not show on the r face the authority bywhich they are adopted and promulgated There is nothing on t eir face which declaresthey should be law or that they are of the proper legislative authority in this State

These and other authorities then all hold that the enacting clause of a law is to beon its face It must appear directly above the content or boy of the law To be onthe face of the law does not and cannot mean that the enacti g clause can be buriedaway in some other volume or some other book or records

Face The surface of anything especially the front upper or out r part or surface Thatwhich particularly offers itself to the view of a spectator That hich is shown by thelanguage employed without any explanation modification or addi ion from extrinsic factsor evidence BlacksLaw Dictionary 5th ed p 530

The enacting clause must be intrinsic to the law and not eIx to it that is itcannot be hidden away in other records or books Thus the enacting clause is regardedas part of the law and has to appear directly with the law Cn its face so that onecharged with said law knows the authority by which it exists

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IV Laws Must be Published and Recorded with Enacting ClausesSince it has teen repeatedly held that an enacting clause must appear on the face

of a law such a requirement affects the printing and publishing of laws The fact thatthe constitution requires all laws to have an enacting clause makes it a requirementon not just bills within the legislature but on published laws as well If the constitutionsaid all bills shall have an enacting clause it probably could be said that their use inpublications would not be required But the historical usage and application of anenacting clause has been for them to be printed and published along with the body ofthe law thus appearing on the face of the law

It is obviou then that the enacting clause must be readily visible on the face ofthe statute in t 1 e common mode it is published so that citizens dont have to searchthrough the leg slative journals or other records and books to see the kind of clauseused or if any xists at all Thus a law in a statute book without an enacting clause isnot a valid pub cation of law In regards to the validity of a law that was found in theirstatute books w th a defective enacting clause the Supreme Court of Nevada held

Our constituti n expressly provided that the enacting clause of every law shall be Thepeople of the tate of Nevada represented in senate and assembly do enact as followsThis language is susceptible of but one interpretation There is no doubtful meaning asto the intenti n It is in our judgment an imperative mandate of the people in theirsovereign cap city to the legislature requiring that all laws to be binding upon themshall u on 1 i fa e express the authority by which they were enacted and since thisact comes to s without such authority appearing upon its face it is not a law State ofNevada v Ro ers 10 Nev 120 261 1875 approved in Caine v Robbins 131 P2d516 518 61 Nev 416 1942 Kefauver v Spurling 290 SW 14 15 Tenn 1926

The manner in which the law came to the court was by the way it was found in thestatute book cted by the Court as Stat 1875 66 and that is how they judge thevalidity of the 1 w Since they saw that the act as it was printed in the statute bookhad an insufficiBnt enacting clause on its face it was deemed to be not a law It is

only by inspecting the publicly printed statute book that the people can determine thesource authority and constitutional authenticity of the law they are expected to follow

Ad4 other material here relating to the publication of statutes

It should be noted that laws in the above cases were held to be void for having noenacting clause despite the fact that they were published in an official statute book ofthe State and sere next to other laws which had the proper enacting clause

The preceding examples and declarations on the use and purpose of enacting clausesshows beyond doubt that nothing can be called or regarded as a law of this State whichis published without an enacting clause on its face Nothing can exist as a State lawexcept in the manner prescribed by the State Constitution One of those provisions isthat all laws must bear on their face a specific enacting styleBe it enacted by the

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Legislature of the State of Minnesota Minn Const Art IV Sec 13 All laws mustbe published with this cause to be valid laws and since the statutes in the MinnesotaStatutes are not so published they are not valid laws of this State

1V The Laws Referenced to in the Complaints Contain no Titles

The laws listed in the complaints in question as cited from the Minnesota Statutesalso contain no titles All laws are to have titles indicating the subject matter of thelaw as required by the Constitution of Minnesota

Article IV Sec 27 No law shall embrace more than one subject which shall be expressedin its title

By this provision a title is required to be on all laws T e title is another one ofthe forms of a law required by the Constitution This type o i constitutional provisionmakes the title an essential part of every law thus the title is as much a part of the

act as the body itself Leininger v Alger 26 NW2d 348 351 316 Mich 644 1947The title to a legislative act is a part thereof and must clearl express the subject oflegislation State v Burlington M RR Co 60 Neb 741 NW 254 1900

Nearly all legal authorities have held that the title is part o the act especially whena constitutional provision for a title exists 37ALR Annotated pp 948 949 Whatthen can be said of a law in which an essential part of it is msing except that it is nota law under the State Constitution

This provision of the State Constitution providing that ev ry law is to have a titleexpressing one subject is mandatory and is to be followed in 11 laws as stated by theSupreme Court of Minnesota

We pointed out that our constitutional debates indicated that the co titutional requirementsrelating to enactment of statutes were intended to be remedial a mandatoryremedialas guarding against recognized evils arising from loose and dangerous methods ofconducting legislation and mandatory as requiring compliance b the legislature withoutdiscretion on its part to protect the public interest against such cognized evils and thatthe validity of statutes should depend on compliance with such quirements Bull

v King 286 NW 311 313 Minn 1939

The constitutional provisions for a title have been held in many other states to bemandatory in the highest sense State v Beckman 185 SW2d 810 816 Mo 1945Leininger v Alger 26 NW2d 384 316 Mich 644 82 CJS Statutes 64 p 102The provision for a title in the constitution renders a title in ispensable 73 Am Jur2d Statutes 99 p 325 citing People v Monroe 349 Ill 0 182 NE 439 Since

such provisions regarding a title are mandatory and indispen able the existence of atitle is necessary to the validity of the act If a title does not exist then it is not a lawpursuant to Art IV Sec 27 of the Constitution of Minnesota 1857 In speaking ofthe constitutional provision requiring one subject to be embraced in the title of each

law the Supreme Court of Tennessee stated

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That requiremen of the organic law is mandatory and unless obeyed in every instancethe legislation at ernpted is invalid and of no effect whatever State v Yardley 32 SW481 482 95 Te 546 1895

To further determine the validity of citing laws in a complaint which have no titleswe must also loop at the purpose for this constitutional provision and the evils andproblems which it was intended to prevent or defeat

One of the ain s and purposes for a title or caption to an act was to convey to thepeople who are to obey it the legislative intent behind the law

The constitution I as made the title the conclusive index to the legislative intent as to whatshall have operate on Megins v City ofDuluth 106 NW 89 90 97 Minn 23 1906Hyman v State 9 SW 372 373 87 Tenn 109 1888

In ruling as to le precise meaning of the language employed in a statute nothing aswe have said b fore is more pertinent towards ascertaining the true intention of thelegislative mind g the passage of the enactment than the legislaturesown interpretationof the scope and purpose of the act as contained in the caption Wimberly v GeorgiaS FR Co 3 SE 29 5 Ga App 263 1908

Under a constitutonal provision requiring the subject of the legislation to be expressedin the title that ortion of an act is often the very window through which the legislativeintent may be s n State v Clinton County 76 NE 986 166 Ind 162 1906

The title of an a is necessarily a part of it and in construing the act the title should betaken into consid ration Glaser v Rothschild 120 SW 1 221 Mo 180 1909

Without the ti le the intent of the legislature is concealed or cloaked from publicview Yet a spec fic purpose or function of a title to a law is to protect the peopleagainst covert legislation Brown v Glower 166 SE2d 363 365 225 Ga 165 1969A title will reveal I r give notice to the public of the general character of the legislationHowever the nat re and intent of the laws in the Minnesota Statutes have beenconcealed and ma e uncertain by its nonuse of titles The true nature of the subjectmatter of the laws therein is not made clear without titles Thus another purpose of

the title is to appr se the people of the nature of legislation thereby preventing fraudor deception in r gard to the laws they are to follow The US Supreme Court in

determining the p rpose of such a provision in state constitutions saidThe purpose of a constitutional provision is to prevent the inclusion of incongruous andunrelated matter in the same measure and to guard against inadvertence stealth andfraud in legislati n Courts strictly enforce such provisions in cases that fall withinthe reasons on w ch they rest and hold that in order to warrant the setting asideof enactments fo failure to comply with the rule the violation must be substantial andplain Posados v Warner B Co 279 US 340 344 1928 also Internat Shoe Cov Shartel 279 Ii S 429 434 1928

The complete Omission of a title is about as substantial and plain of a violation ofthis constitutional provision that can exist The laws cited in the complaints against

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the Accused are of that nature They have no titles at all and thus are not laws underour State Constitution

The Supreme Court of Idaho in construing the purpose for i4 constitutional provisionrequiring a onesubject title on all laws stated

The object of the title is to give a general statement of the sci ectmatter and such ageneral statement will be sufficient to include all provisions of the act having a reasonableconnection with the subject matter mentioned The object r purpose of the clausein the Constitution is to prevent the perpetration of fraud u on the members of theLegislature or the citizens of the state in the enactment of law Ex parte Crane 151Pac 1006 1010 1011 27 Idaho 671 1915 1

The Supreme Court of North Dakota in speaking on its constitutional provisionrequiring titles on laws stated that This provision is inten ed to prevent all

surprises or misapprehensions on the part of the public Sta a v McEnroe 283 NW57 61 ND 1938 The Supreme Court of Minnesota in sp aaing on Article 4 27

of the State Constitution said

This section of the constitution is designed to prevent deception to the nature or subjectof legislative enactments State v Rigg 109 NW2d 310 314 260 Minn 141 1961LeRoy v Special Ind Sch Dist 172 NW2d 764 768 Minn 1969

The purpose of the constitutional provision quoted is to prevent misleading ordeceiving the public as to the nature of an act by the title given it State v Helmer 211NW 3 169 Mimi 221 1926

The purposes of the constitutional provision requiring a nesubject title and the

mischiefs which it was design to prevent are defeated by the 1 ck of such a title on the

face of a law which a citizen is charged with violating Upon to king at the laws chargedin the complaint from the Minnesota Statutes I am left as ing what is the subjectand nature of the laws used in the complaints against myself What interests or rightsare these laws intended to affect Since the particular objects f the provision requiringa one subject title are defeated by the publication of laws whi li are completely absentof a title the use of such a publication to indict or charge ci zens with violating suchlaws is fraudulent and obnoxious to the Constitution

It is to prevent surreptitious inconsiderate and misapprehend legislation carelesslyinadvertently or unintentionally enacted through stealth and fra and similar abusesthat the subject or object of a law is required to be stated in the title 73 Am Jur 2dStatutes 100 p 325 cases cited

Judge Cooley says the object of requiring a title is to f irly apprise the peoplethrough such publication of legislative proceedings as is usu ly made of the subjectsof legislation that are being considered Cooley Const Li p 144 The State

Constitution requires one subject titles The particular ends to be accomplished byrequiring the title of a law are not fulfilled in the statutes referred to in the MinnesotaStatutes Thus the laws charged in the complaints against Me are not valid laws

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VI The Minnesota Statutes are of an Unknown and Uncertain AuthorityThe so called statutes in the Minnesota Statutes are not only absent enacting

clauses but are surrounded by other issues and facts which make their authority unknownor uncertain or questionable

The title pa a of the Minnesota Statutes states that the statutes therein wereCompiled edit d and published by the Revisor of Statutes of Minnesota It does

not say that they are the official laws of the Legislature of Minnesota The official lawsof this state had always been listed in the Session Laws of Minnesota The title pageto the Session L ws makes it clear as to the nature of the laws therein to wit Session

Laws of the Stet e of Minnesota passed during the FortyFourth session of the StateLegislature Th Minnesota Statutes states that Minnesota Revised Statutes must

not be cited enuril erated or otherwise treated as a session law MS 3C07 Subd 1The Session ws were also published by the Secretary of the State who historically

and constitution 11y was in possession of the enrolled bills of the Legislature whichbecame State la The Constitution of Minnesota Art IV Sec 111857 required

that every bill w 0 ich passed both the Senate and House and signed by the Governorwas to be deposi i ed in the office of Secretary of State for preservation Thus in this

state as in nea ly all other states all official laws records and documents wereuniversally recog i ized by their being issued or published by the Secretary of State

The Minnes to Statutes are published by the Revisor of Statutes and are alsocopyrighted by h m or his office The Session Laws were never copyrighted as they

were a true publi document In fact no true public document of this state or any stateor of the United States has been or can be under a copyright Public documents are

in the public do ain A copyright infers a private right over the contents of a booksuggesting that t a laws in the Minnesota Statutes are derived from a private sourceand thus are not true public laws

The Revisor of Statutes in the preface to his statute book called MinnesotaStatutes points out the difference in the various types of arrangements of laws andstates the following

In order to understand and use statutory law it is necessary to know the meaning of theterms used alai the inclusiveness and authority of the laws found in the variousarrangements 1 The terms laws acts statutes revisions compilations and codes areoften used indiscriminately but in the following discussion each has a specific meaningMinnesota Statutes vol I p x

The Revisor then proceeds to point out the difference that exists between theSession Laws and that of a compilation revision or code He makes it apparent thatthe Session Laws are of a different authority than that of compilations revisions andcodes The Minnesota Statutes are apparently a revision which was first publishedin 1945 p ix The Minnesota Statutes appear to be nothing more than a reference

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book like Dunnell Minnesota Digest or Wests Minnes to Statutes Annotatedwhich are also copyrighted The contents of such reference ooks cannot be used as

law in charging citizens with crimes on criminal complaints

The Revisor does not say that the statutes in his book ar the official laws of the

State of Minnesota He indicates that these statutes are on in theory laws of the

State p xii There thus are many confusing and ambiguou statements made by theRevisor as to the nature and authority of the statutes in the Minnesota Statutes It

is not at all made certain that they are laws pursuant to Article IV of the Constitutionof Minnesota That which is uncertain cannot be accepted as true or valid in law

Uncertain things are held for nothing Maxim of LawThe law requires not conjecture but certainty Coffin v Ogde 85 US 120 124

Where the law is uncertain there is no law BouviersLaw Dictio ry vol 2 Maxims1880 edition

The purported statutes in the Minnesota Statutes do n t make it clear by whatauthority they exist The statutes therein have no enacting a hority on their face In

fact their is not a hint that the Legislature of Minnesota had nything at all to do withthese socalled statute books Thus the statutes used against he Accused are just idlewords which carry no authority of any kind on their face

VII Established Rules of Constitutional Construction

The issue of subject matter jurisdiction for this case thus s arely rests upon certainprovisions of the Constitution of Minnesota 1857 to wit

Article IV Sec 13 The style of all laws of this State shall be Be it enacted by theLegislature of the State of Minnesota

Article IV Sec 27 No law shall embrace more than one subject which shall be expressedin its title

These provisions are not in the lest ambiguous or sIsceptible to any otherinterpretation than their plain and apparent meaning The Su reme Court of Montanain construing such provisions said that they were so plainly a d clearly expressed andare so entirely free from ambiguity that there is nothing f r the court to construeVaughn Ragsdale Co v State Bd ofEq 96 P2d 420 423 4 4 The Supreme Courtof Minnesota stated how these provisions are to be construed when it was consideringthe meaning of a another provision under the legislative depa tment Art 4 9

In treating of constitutional provisions we believe it is the gener rule among courts toregard them as mandatory and not to leave it to the will or pl ure of a legislature tot1obey or disregard them Where the language of the constitute n is plain we are notpermitted to indulge in speculation concerning its meaning nor whether it is theembodiment of great wisdom The rule with reference to constitutional construction

is also well stated by Johnson J in the case of Newell v People 7 NY 9 97 as

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follows If the Words embody a definite meaning which involves no absurdity and nocontradiction bet een different parts of the same writing then that meaning apparentupon the face o the instrument is the one which alone we are at liberty to say wasintended to be co I veyed In such a case there is no room for construction That whichthe words declar is the meaning of the instrument and neither courts nor legislatureshave the right to dd to or take away from that meaning It must be very plainnayabsolutely certai I at the people did not intend what the language they have employedin its natural si Ifcation imports before a court will feel itself at liberty to depart fromthe plain reading of a constitutional provision State ex rel v Sutton 63 Minn 147

149 150 65 N 262 1895 affirmed State v Holm 62 NW2d 52 55 56 Minn1954 Butler 7 mite v Roemer 282 NW2d 867 870 871 Minn 1979

It is certain th the plain and apparent language of these Constitutional provisionsare not followed i o the publication known as the Minnesota Statutes which containno titles and no a acting clauses and thus it is not and cannot be used as the law ofthis State under o r Constitution No language could be plainer or clearer than thatused in Art 4 1 and 27 of our Constitution There is no room for construction

The contents of th se provisions were written in ordinary language making their meaningself evident as sal by the Supreme Court of Minnesota

In construing a irovision of our constitution however we are governed by certainwellestablished es Foremost among these is the rule that where the language usedis clear explicit and unambiguous the language of the provision itself is the best evidenceof the intention of the framers of the constitution If the language is free from obscuritythe courts must give it the ordinary meaning of the words used State v Holm 62

NW2d 52 55 Minn 1954

No matter how much the courts of this State have relied upon and used thepublication titled Minnesota Statutes as being law that use can never be regarded asan exception to the Constitution To support this publication as law it must be saidthat it is absolutely certain that the framers of the Constitution did not intend fortitles and enacting clauses to be printed and published with all laws but that they didintend for them to e all striped away and concealed from public view when a compilationof statutes is mad Such an absurdity will gain the support or respect of no one Norcannot be specula ed that a revised statute publication which dispenses with all titlesand enacting clans s must be allowed under the Constitution as it is more practical andconvenient than t e Session Law publication The use of such speculation or desiredexceptions can neer be used in construing such plain and unambiguous provisionsThe general nu a of law is when a statute or Constitution is plain and unambiguousthe court is not ermitted to indulge in speculation concerning its meaning nor whetherit is the embody ent of great wisdom A Constitution is intended to be framed in briefand precise Ian age It is not within the province of the court to read an exceptionin the Constitute n which the framers thereof did not see fit to enact therein Baskin v

State 232 Pac 88 389 107 Okla 272 1925

There is of coi4rse no need for construction or interpretation of these provisions asthey have been adjudicated upon especially that dealing with the use of an enacting

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clause The Supreme Court of Minnesota has made it clear t at Art 4 13 of our

constitution is mandatory and that a statute without any a acting clause is voidSjoberg v Security Savings Loan Assn 73 Minn 203 212 eing that the statutes

used against me are without enacting clauses and titles they are aid which means thereis no offense no valid complaints and thus no subject matterj

The provisions requiring an enacting clause and onesubjec u titles were adhered towith the publications known as the Session Law and Genera Laws for the State ofMinnesota But because certain people in government though i that they could devisea more convenient way of doing things without regard for rovisions of the State

Constitution they devised the contrivance known as the Minne ota Statutes and thenheld it out to the public as being law This of course was f aud subversion and a

great deception upon the people of this State which is now rev tiled and exposed

There is no justification for deviating from or violating a wr tten constitution TheMinnesota Statutes cannot be used as law like the Session ws were once used

solely because the circumstances have changed and we now have II ore laws to deal withIt cannot be said that the use and need of a revised statutes wit out titles and enacting

clauses must be justified due to expediency New circumstances r needs do not changethe meaning of constitutions as Judge Cooley expressed

A constitution is not to be made to mean one thing at one time and another at somesubsequent time when the circumstances may have so changed perhaps to make adifferent rule in the case seem desirable A principal share of the enefit expected fromwritten constitutions would be lost if the rules they established were so flexible as tobend to circumstances or be modified by public opinion court or legislaturewhich should allow a change in public sentiment to influence it giving to a writtenconstitution a construction not warranted by the intention of its fo ders would be justlychargeable with reckless disregard of official oath and public duty nd if its course couldbecome a precedent these instruments would be of little avail What a court is to

do therefore is to declare the law as written T M Cooley A Treatise on theConstitutional Limitations 5th edition pp 54 55 1

There is great danger in looking beyond the constitution itself o ascertain its meaningand the rule for government Looking at the Constitution alone it is not at all possibleto find support for the idea that the publication called the Minn rota Statutes is validlaw of this State The original intent of Article 4 13 and 7 of the Constitution

cannot be stretched to cover their use as such These provisions cannot now be

regarded as antiquated unnecessary or of little importance ince no section of a

constitution should be considered superfluous Butler Taconite Roemer 282NW2d867 870 Minn 1979 The Constitution was written for all t es and circumstance

because it embodies fundamental principles which do not chang with time

Judges are not to consider the political or economic impact that might ensue fromupholding the Constitution as written They are to uphold it no ratter what may resultas that ancient maxim of law states Though the heavens may fall let justice be done

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MOTION

Based upon the above memorandum the Accused moves that this action and causebe dismissed for laCk of subject matter jurisdiction

A court lacking urisdiction cannot render judgment but must dismiss the cause at anystage of the proc edings in which it becomes apparent that jurisdiction is lacking UnitedStates v Siviglia 686 Fed2d 832 835 1981 cases cited

Nothing can bC regarded as a law in this State which fails to conform to theconstitutional prerwhich call for an enacting clause and title There is nothingin the complaints hich can constitutionally be regarded as laws and thus there isnothing in them w ich I am answerable for or which can be charged against me Since

there are no valid r constitutional laws charged against myself there are no crimes thatexist consequently there is no subject matter jurisdiction by which I can be tried in theabovenamed court

CAVEAT

I regard it is jus and necessary to give fair warning to this court of the consequencesof its failure to fol ow the Constitution of Minnesota and uphold its oath and duty inthis matter being t at it can result in this court committing acts of treason usurpationand tyranny Such trespasses would be clearly evident to the public especially in lightof the clear and u ambiguous provisions of the Constitution that are involved herewhich leave no roo for construction and in light of the numerous adjudications uponthem as herein sta ed The possible breaches of law that may result by denying thismotion are enume ated as follows

1 The failure o uphold these clear and plain provision of our Constitution cannotbe regarded as me e error in judgment but deliberate USURPATION Usurpationis defined as unau horized arbitrary assumption and exercise of power State ex relDanielson v Villag ofMound 234 Minn 531 543 48NW2d 855 863 1951 Whileerror is only voida le such usurpation is void

The boundary bet een an error in judgment and the usurpation of judicial power is thisThe former is re ersible by an appellate court and is therefore only voidable whichthe latter is a nul ity State v Mandehr 209 NW 750 752 Minn 1926

To take jurisdiction where it clearly does not exist is usurpation and no one is boundto follow acts of usurpation and in fact it is a duty of citizens to disregard and disobeythem since they are void and unenforceable

No authority need be cited for the proposition that when a court lacks jurisdiction anyjudgment rendered by it is void and unenforceable Hooker v Boles 346 Fed2d 285286 1965

The fact that the Minnesota Statutes has been in use for over forty years cannotbe held as a justification to continue to usurp power and set aside the constitutionalprovisions which are contrary to such usurpation as Judge Cooley stated

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Acquiescence for no length of time can legalize a clear usurpatipn of power where thepeople have plainly expressed their will in the Constitution Cooley ConstitutionalLimitations p 71

2 To assume jurisdiction in this case would result in TREASON Chief Justice

John Marshall once stated

We judges have no more right to decline the exercise of jur diction which is giventhan to usurp that which is not given The one or the other ould be treason to the

constitution Cohens v Virginia 6 Wheat 19 US 264 404 1821

The judge of this court took an oath to uphold and sup ort the Constitution ofMinnesota and its blatant disregard of that obligation and a legiance can only resultin an act of treason

3 If this court departs from the clear meaning of the Constitution it will be regardedas a blatant act of TYRANNY Any exercise of power which is 3one without the supportof law or beyond what the law allows is tyranny

It has been said with much truth Where the law ends tyranny begins Merritt vWelsh 104 US 694 702 1881

The law the Constitution does not allow laws to exist ithout titles or enactingclauses To go beyond that and allow the Minnesota Sta tes to exist as law is

nothing but tyranny Tyranny and despotism exist where the ill and pleasure of thosein government is followed rather than established law It has een repeatedly said andaffirmed as a most basic principle of our government that thi is a government of lawsand not of men and that there is no arbitrary power located any individual or bodyof individuals Cotting v Kansas City Stock Yards Co 183 S 79 84 1901 The

Constitution requires that all laws have enacting clauses and tales If these clear and

unambiguous provisions of the State Constitution can be disreg rded then we no longerhave a constitution in this State and we no longer live under government of laws buta government of men ie a system that is governed by the rbitrary will of those in

office The creation of the Minnesota Statutes is a typical xample of the arbitraryacts of government which have become all too prevalent in this century Its use as lawis a nullity under our Constitution

Dated February 26 1996

John R Smith

5384 Cedar Avenue

Minneapolis Minnesota

PROP 17 of 17

66

7

Our No iconstitutional Legal System1

Many recognize tha the legal system today Constitution or bill of rights or that it meantdoes not follow con titutional law or the to exercise or usurp any unconstitutionalcommon law as it nce did b t is now authority Thus if a statute can be

operating under some ther law While it is interpreted two ways one which conflicts withgenerally agreed that e are under a different the constitution and one that does not thelaw and legal system s eir exact nature seems courts will always adopt the interpretation thatto be in dispute It ha been said that we are avoids constitutional conflict They will alsounder admiralty law e si ity law and procedure dispose of matters by some other means whichadministrative rules p blic policy emergency does not involve the constitution if availablemeasures bankruptcy law the war powers The Court will not pass upon a constitutionalinternational law or m rtial law question although properly presented by the

Ina sense all of th se concepts are in partrecord if there is also present some other

correct since concept of each of them are ofo upon which the case may be disposed

being arbitrarily folio ed But none of themWhere a case in this court can be decided

specifically state or id ntify the legal problemwithout reference to questions arising underand situation While t e cause or source of thethe Federal Constitution that course is

current corrupt law a g I legal system is to be usually pursued 3found in the spiritual sector there is a legal

A statute must be construed if fairlyexplanation for what is transpiring in thepossible so as to avoid not only the

government and court conclusion that it is unconstitutional but also

grave doubts upon that scoreConstitutioa1Avoidance

Thus a construction or decision whichThe question man of us have often asked would be in conflict with the Constitution is to

is how can those w control the legal and be avoided if another is available that causesjudicial system avid conflict with the

no conflict In dealing with what it called aconstitution while im lementing arbitrary and nonconstitutional issue the US Supremetyrannical laws and pr edures Court stated this rule of procedure

iThe answer is that they make use of a The ordinary rule is that a federal court

concept known as constitutional avoidance should not decide federal constitutional

By this basic concept it is never presumed that questions where a dispositive nonthe legislature intended to act contrary to the constitutional ground is available

1 United States v Coomb4 12 Peters 37 US 72 75 1838 San Gabriel County Water Dist v Richardson 68 Cal App297 229 P 1055 1056 1924

2 Ashwander v Valley Authority 297 US 288 347 19353 Slier v Louisville Nashville RR Co 213 US 175 193 1908 Light v United States 220 US 523 538 1910

4 Panama RR Co v Johnson 264 US 375 390 1923 United States v Standard Brewery 251 US 210 220 19195 Hagan v Lavine 415 US 528 547 1973

67

Suppose that a Federal statute required all 1 The legal sta s of these entities is muchfarmers to sell their grain to certain designated like that of a r oration which are also

grain mills One farmer had a contract with created by statuteone of these grain mills to sell his grain to them The powers gran ed to an administrativeWhen the law is passed he stops sending his body may be such s to establish it as a legalgrain to that mill in protest of the law which is entity and althou h not expressly declaredobviously not authorized by the Federal to be a corporatio it may be considered aConstitution The grain mill thus sues the publicquasi corpo ationfarmer and the farmer claims that the statutewhich the grain mill basis its claim upon is The interstate Co erce Commission is a

unconstitutional But as the record shows that body corporate tfilegal capac ty be a

the farmer was under a contract to sell his partycourts

plaintiff or aendant in the Federal

grain the court holds that the farmer isrequired to sell his grain to the mill and the When a governor nt is created by a compact

statute appears to be held valid or constitution it t is in a sense a legal entityor corporate body t one which exists by the

That contract became the other ground decree of the peopl or by the common lawor the nonconstitutional ground upon which But these administr tive agenciesor bodiesthe matter can be settled Thus if a non

being creatures of statute have a differentconstitutional ground exists as well as an

relationship to t e people than do theunconstitutional one the issue will be decided

legislative executve and judicial bodiesupon the nonconstitutional ground to avoid

created by constitu on cfhis point is criticalconflict with the Constitution no matter howsince the relationshiia to an entity determines

much the statute involved might conflict withthe authority for the law it might makethe Constitution If there was no contract and

thus no other ground existed the court still These agencies d commissions are not

would see if the statute could be interpreted in true constitutional e ities and have no commonsome reasonable way so as to avoid the conflict law authority being at they are created by the

legislature But lik a corporation they alsoThe concept of constitutional avoidance is

Y

are not unconstitutio Rather they are nonbasic and somewhat logical and just but those

constitutional in na re which simply meanswho gained control of the current legal system their existence d l es not come from thehave taken this principle and have expanded constitution Thus a problems and conflictsupon it and made it the basis of the system we

citizens have with th se legal entities can benow have They have intentionally created

decided on some ground other than aother nonconstitutional grounds and

constitutional one I becomes an issue that canissues to circumvent the application of

be decided withhut reference to theconstitutional law They have done this

Constitution as they are not creatures of itthrough legislative action by creating a host ofboards commissions agencies bureaus and No creature of the onstitution has power to

trusts which make up a rather new concept of question its authori or to hole inoperativeany section or pro ision of it

law and government called administrative

6 73 Corpus Juris Secundum Public Administrative Law and Procedure 10 p 372 citing Parker v UnemploymentCompensation Commission 214 SW2d 529 358 Mo 365

7 Texas Pacific Railway v Interstate Commerce Corn 162 US 197 1895 In 2 Am Jinn 2d Administrative Law32 p 56 it states Some administrative agencies are corporate bodies with legal capacity to sue or be sued

8 Commonwealth v Illinois Cent R Co 170 SW 171 175 160 Ky 745 1914

68

Artificial legal entities are creatures of the process procedures It is true that we are not

legislature and are not creatures of the legally bound to fo low the laws of theseconstitution Ther4fore they are not bound to entities or to use or accept Federal Reservethe terms or limi Lions of the constitution Notes Since the po ers that be have avoidedexcept as statute mil t make them Thus when the Constitution there must be a way in whichcitizens have a con ict with these entities the we can Iegally avoid their nonconstitutionalissue can be resolve upon a nonconstitutional activities rules and laws This can be done by

ground not the 4nstitution The Internal declaring a lack of authority and subject matterRevenue Service is a typical example as it is jurisdiction because of the lack of valid lawnot a creature of the S Constitution nor does from the Legislature or Congressit have common law powers It is a mechanism Under theCbsisttan republic of the past thecreated by gover nt and thus any conflicts

problems associated with this administrativewith it can be decid d upon grounds other than

law would have been minimal or less severethe Constitution cnconstitutional grounds But America and the world has become

The constitution with its requirements and plagued with an ungodly spiritual conditionlimitations has be n avoided by creating a which has magnified these problems Thoughnonconstitutronal e The activities of such this adverse spirmiai problem is the source ofentities are general immune from attack as the Iegal problems and dilemma we face todaybeing unconstitutin al This is especially so the nature and reasons for it is beyond the scope

today with the adve a spiritual conditions that of this treatise But the spiritual realm does

prevail in the land affect the legal reari and it has made theselegal entities created b statute a sever roblem

The Federal Res rve is another example of iiregards to freedom and individual rightsthis as it is an artif ial legal entity created byCongress While it i true its Federal ReserveNotes are not a onstitutional since such Noneonstitutional Laws

things are not spmething specifically Al cc nstinitional if it conforms to theauthorized by the IfS Constitution they also written consinmcn of the state or nation it isare not unconstitutional since Congress is not unconstitutional if it is repugnant to thatprinting or issue g the paper currency constirution But this is based upon theCongress is clearly rohibited from doing such presum that the law was enacted andthings since it is a c nstitutional entity and its passed by the constitutional body which isactions are limited y the Constitution But a authorized to do so In other words the law

corporation or tr st is not So to avoid comes from a creature of the Constitutionconstitutional con ict certain lawyers got

Congress to create 1 artificial legal entity and The commissions committees or revisors

then let that entity issue the paper currency It who drafted the codes and the comprehensive

is no different if a corporation would print and revised statutes in this country are not

issue its own Monopoly money Such acreatures of any constitution They are a

measure is not undonstitutional because the creation of the legislature or Congress and thus

corporation is not a 4onstitutional entity Thus are creatures of statute The laws they write

all constitutional issi4es have been avoided with are not subject to any constitution Thus any

the creation of the Federal Reserve conflict a citizen might have with their laws isnot subject to a constitutional attack As

Whatever area these nonconstitutional legal nonconstitutional entities there is noentities have contrdl over they function to constitutional issue that can be raised Thus

avoid conflict with the constitution and due

69

any constitutional issue raised will be avoided constitutional law reated the implication thatand the matter decided on other grounds you were subject o the law Your position

Suppose the parliament of France passes ashould have been at there is no valid law of

law that prohibits anyone from having over 200 Congress on the tagnt which mmakes the

dollars on them while in public and anyindictment insuffic ent which causes a lack of

violation thereof shall be punished by 90 dayssubject matter juri diction of the court

imprient That law cannot be called a The French P liament cannot pass anycost t law from the perspective of the unconstitutional la s because their legislativeUS Constimtion since it did not come from authority does not ome from the constitution

Congress But it also cannot be called nor are they lega iy bound to its terms as isunconstitutional no matter how oppressive it Congress From o perspective in Americais or how contrary it is to theUS Constitution all laws passed by this assembly areSuch a law could only be regarded as being nonconstitutional i at is they have no relationnonconsti in nature to the US Co stitution or any state

Suppose now that you happen to be chargedconstitution But if one fails to point this

with violating this law by the Federalmatter out in co t such laws will be used

Government In your defense you argue inagainst them

court that this law violates your rights under This same si tion is what is transpiringthe 4th and 5th Amendments and is repugnant with the current leg l system The laws we areto the Consetution The judge ignores your being charged wi violating are written byarguments and holds that the law is not commissions and c mmittees and are held outunconstitutional The court would of to the public as b ing laws of the State orcourse be correct but it would seem to you and nation glut we are of required to follow theseeveryone else that the court is corrupt and has laws as they do not come from a constitutionalno regard for the US Constitution source Congress and the State legislatures

When the nature of this law is made known have created these legal entities to write laws

the decision of the court makes sense The law which are based upon laws they once passed

was not a law of Congress though it might have so as to make it appear they are laws of

been presented as such but rather was a law Congress or the Legislaturefrom another legal body The clue should have If the Californi Legislature passes a lawbeen clear to all by the fact that the law in and then the Legis attire of Texas copies thatquestion did not have an enacting clause for law verbatim and a cts it as a law no one canCongress that said look at what the Le islature of Texas wrote and

Be it enacted by the Senate and House of enacted and say it is a California law If a

Representatives of the United States of prosecutor in Calif rnia had the Texas StatuteAmerica in Congress assembled book which con this law and cited from it

The law in question was nonconstitutional on a complaint should that make a valid

because it came from a nonconstitutional complaint No it Wouldntbecause the law issource This is because the French Parliament not a law of the California Legislature as itis not subject to the US Constitution While does not have the enacting clause of theyou are subject to certain laws that Congress

California Legislaure The fact that the

can enact under the Constitution you are not California Legisla re passed an identical law

subject to laws of the French Parliament But is irrelevant becaus that law is not referred to

your failure to raise this fact of the non in the complaint Llewise the laws from thecommissions and committees do not become

70

laws of the State Legislatur just because they behind it which would make you obligated toare similar to laws once passed by that follow itThe law contains no enacting clauseLegislature The laws of these entities do not showing that it does come from the Statehave the enacting clause of the Legislature Legislature or some authority you are subject

to There is no obligation on your part to followLet us look at anotht4 example of this

problem Suppose that General Motors the law because there is no legal relationship

corporation passed a reg lation or bylaw between you and General Motors If one is an

which prohibited anyone fro parking their caremployee of General Motors the law might

in neutral gear You are c ught doing so and apply to them since some manner of legal

your car is towed away by a city and you arerelationship that exists But the law could not

charged for violating this regulation by the apply to employees of other companiesState The complaint or in ictment might citethe regulation as GMR 14265 subd c Creating an Issue for Trial

GMRGeneral Motors Regulations The issue of a trial or hearing exists when

If you argue that the la or regulation is a the plaintiff and defendant arrive at some

violation of the Bill of Rights or is specific point or matter in which one affirms

unconstitutional you shall lot prevail because and the den9 In a criminal matter this issue

General Motors cane it do anything is that a law has or has not been violated But

unconstitutional nor can they violate your if there is no valid law or the accused is not

rights of life liberty andprperty as prescribed subject to the law in question no issue can

by the Bill of Rights The can commit torts legally exist as the basis for the point of

trespasses false impriso l ents thefts and contention does not legally exist

damages but they can n ver write a rule The current corrupt legal system hasregulation or bylaw which would violate your actu lly sown its own seeds of destruction byrights under the Con titution As a arbitrarily forming codes and statute revisionscorporation General Moto s is not subject to All complaints or indictments today cite lawsthe limitations of the Cons tution Only duly form these codes and revised statute books

constituted offices depar Ho nts or positions which contain no enacting clauses All laws

under the constitution or hich exist by the which fail to have an enacting clause are notcommon law are subject o the constitution laws of the legislative body that we areOnly these entities c n do something constitutionally subject to The laws from theunconstitutional Thus your claim that the US Code or Revised Statutes of the State are

law violates your consti tional rights and from another legal entity at being from someexceeds the limits of the C nstitution would be commission or committee

denied and held as frivolo s Since there are no valid laws on theIt is true that the Regulation of General complaint or indictment there legally is no

Motors GMR 1422 sibd c is not a issue before the court But the court system

constitutional law but it also is not an creates an issue by asking the accused how theyunconstitutional law It is i nonconstitutional plea to the charges The plea causes an issuelaw meaning it comes from a source outside to exist because it createa coo ooversy Thethe realm of the constituti n because General controversy relates to what is on the complaintMotors is not a constitutional entity The law or indictment because the plea acknowledges

passed by General Motors has no authority that it is a genuine document

9 Blacks Law Dictionary 2d ecl West Publishing 1910 p 6574

i

71

Tile very act of pleading to it an indictment The legal syste today does not recognizeadmits its genuineness as a record10 or proceed upon co mon law crimes and thus

If there is a law on the complaint which is the only things that are crimes are made so byunconstitutional or is from another state or statute A crime exi is when a law exists whichother legal entity the violation of that law can prohibits or comma ds an actiontIfthere is no

become a triable issue by way of the plea Thus law there can be n crime and if there is nowhen one pleas to a false or invalid charge on crime there ca I be no subject matterthe complaint he establishes an issue which jurisdiction of the ourt to hear a matter A

would not have otherwise existed nonconstitutional la has the same effect uponhe plea forms the issue to be tried without a complaint or ndictment as does an

which there is nothing before the court or unconstitutional la or a non existent lawrIt

ury for triali renders the char in instrument voidIt is essential to a valid trial that in some

A nonconstitutio law is not a law we areway there should be an issue between the state

pleatheresubject to so dos what it prohibits cannot

an a accused d with couldout aconstitute a crime Thus if General Motors

be no issue If you make a plea of notpasses a law requ all persons to show up

guilt to the charge of violating GMR 14265 for work bsubd c or the law of the French Parliament

by 600 A or they will lose their

you have admitted or acknowledged that thejobs it is a noncons itutional law Unless one

law used in the complaint is genuine It hasis an employee of t eneral Motors no one is

at there exists an issuesubject to that law s no one can be charged for

now been established

r violating it Beca e it is a nonconstitutionaIwhich can be tried When one is charged for

law it is has no fore and effect as a law overviolating a zoning ordinance driving without a

you and the cou t lacks subject matterlicense or failure to file an income tax return jurisdiction to try th matterand a plea of not guilty is made one has ineffect acquiesced to the validity of these law nly a constitutionally establishedThe only way one can prevail is by showing government or t at which exists by thethey did not commit them or by showing they common law shed s constables coronersare unconstitutional But since these are mayors etc cal ido somethingjhat isnonconstitutional laws of some committee or unconstitutional 0 y the State Legislature iscommission such constitutional arguments will limited by the p ov isions of the Statenot work CThe one thing that can stop this Constitution regardi g laws enacted Thus onlyprocedure is showing a lackof subject matter the State Legislatu 0 can enact an uncon

jurisdictionh which can be shown because the stitutional law or s atute General Motorslaws used have no enacting clauses and are thus Inc or the Parliamnt of France can Pass allvoid It now is an issue ofauthrosty for that sorts of rules regal lions and laws but nonelaw to exist as a law of the stateor Congress them can ever be ledared unconstitutional

When you are charged with a violation of But they are not valid laws which we aressome Code of some committee the court to for we have no 1 gal relationship to theseproceedings are in equi since your conflict is entities Likewise e have no legal relationnot with a constitutional source or from a ship to the commissions which drafted e

common law crime modernday Codes or Revised Statutes

10 Frisbie v United States 157 US 160 165 1894

11 Koscielski v State 158 NE 902 903 Ind 1927 Andrews v State 146 NE 817 196 Ind 12 1925 State v Acton160 Ad 217 218 NJ 1932

12 United States v Aurandt 107 Pac 1064 1065 NM 1910

72

a

I N

Conclusions and Comments

The comprehensive codes and revised One step taken by the Legislature orstatutes that exist today are ut a clandestine judiciary in enlarging the powers of

government opens the door for anothermeans to get citizens subj t to some legal which will be sure to follow kand so the

entity other than the Stat Legislature or process goes on until all respect for theCongress They also serve as a clandestine fundamental law is lost and the powers ofmeans to get laws into exist nce that are not government are just what those in authoritylimited to the confines of a c nstitution or the please to make or call them Oakley v

common law While these c es were intended Aspinwall 3 NY 547 568to solve the problem of m sive amounts of Constitutions were written to prescribe

law they have created even igger problems certain ways of doing things which meansthere will no doubt be other means of doing the

There is no way anyone c 8 say it was thesame thing which are easier and more

intent of the framers of the destitution andconvenientGovernment naturally tend do thatthe people who adopted it to liave all titles andwhich is easier more convenient and practical

enacting clauses stripped a ay from all thefor its own sake Whenever they do so theyPaws when they are published Such a measure always transcend constitutional limitations and

totally defeats the purpose or which these y

forms of law were intended 18 d thus required trespass on individual ri hts and all of history

in the State constitutions attests this is the result of arbitrary action

It has been repeatedly said that the The enacting clause acts as a sign or seal of

comprehensive codes were do e for the sake ofconstitutional authority of law A king may

convenience It also has een said that it have a seatywiuch indicates his authority Allwould not be practicable to have the enacting things that bear the seal of the king is

clause or title precede every law within a recognized as existing by his authority If a

revision or comprehensive code 41ut note kings agent presents a document claiming it is

that nothing is ever raised or said about the from the king but has not his seal many may

constitutionality of such a me If th in believe it is by the authority of the king though

government are free to do thi gs ased solelyupon what they deem to be mo a practicable

it is not This is what the government has done

racticable or

convenient then we truly

with the codes and revised statutes It has

Five under an presented to the public a collection of statute

arbitrary and despotic governmentbooks claiming they are from the State

y Legislature or Congress but the laws in themThe necessities of a particul case will not do not have the seal of authority upon themjustify a departure from the organic law It is

They do not have the official enacting clauseby such insidious process and gradualencroachment that constitutional limitations upon them to indicate they are laws from gnand government by the people are weakened authorize source They us are laws which

and eventually destroyed It has been well said no one needs to respect or obey

1 This argument is also not sound ash some revised statutes have been compiled with titles and enacting clauses2 Village of Ridgefield Park v Berg n Co Bd of Tax 162 A2d 132 134 135 62 NJ Super 133 1960 citing State

v Burrow 104 SW 526 527 119 Tenn 376 1907

s

0

I

This material deals with the oldest and most basic egalprinciple associated with the use of law one hich

today is being grossly ignored and violated

This ancient principle relates to the enacting authorityof a law which is necessary to give a law its authorityauthenticity identity and validity

Most law today exists by way of various cod s orrevised statutes which fail to use this required ena Lingauthority This makes these statutory works inva d asa law which citizens are subject to

1

Due to this all criminal prosecutions both Stat and

Federal are groundless and the courts are wi shoutwithout jurisdiction to render any judgment

Up to now courts have only made errors in judg ent

which cannot be attacked This material forces c s urts

to either dismiss the action or commit usurpationwhich can serve as legal justification for revoluti

Learn how the arbitrary acts of government I aveviolated ancient and fundamental prerequisites of lawto make people subject to oppressive laws

Here is proof that the United States Code and the tate

Codes or Revised Statutes have no authority a lawand are not laws citizens are obligated to follow

This material reveals what may prove to be one the

biggest legal scams ever perpetrated upon the Ame icani people and one which could contribute to the do fall

4 of Americascorrupt legal systemr

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Octlio703 1

Practical Politics Speaking to a Board or CouncilSpeech to theJosephine County Commissioners7132011 Video on RVTV Channel 14 roguetvorgand at

Televised meetings on the Commissioners page on the Countyswebsitewwwcojosephineorus

I used to say that Josephine CountysWeekly Business Session was short and sweetand often fun to boot while Grants Pass City Council meetings were painfully long andboring Things have changed County meetings are now as long or longer than City whichhave become a fair bit shorter on average

People have been waking up and more have been coming regularly to the Countymeetings and talking to the Board trying to be good citizens Their input is often usefulBut just as often people will bring up the irrelevant or try to make their pet peeverelevant to the discussion It only lengthens the discussion and sometimes hijacks it

People should remember that public meetings like every other aspect ofgovernment are necessary evil as is ones right to speak therein They cost us moneythey take time to attend or watch

One should speak only if it is really necessary and one should be polite to the Boardor Council one is speaking to You are there to persuade them beating up on them is notpersuasive even to the people watching on TV But it does invite defense and even morebeating which lengthens the meeting and hijacks the agenda

If people want to bring a lot of people to the meeting to support their cause theyshould designate one or two people to speak on behalf of the group and ask others not tospeak A Board or Council does not hear one better if many people repeat onesmessagebut it does irritate them A number of speakers repeating the same point does not makethat point more legitimate what counts is logic not numbers Numbers count only invoting

The same goes for using all of ones time As Mayor Murphy pointed out to a groupprior to their comments Just because you have three minutes doesntmean you have touse all of them The fewer words one uses to get onespoint across the better it isremembered

On the other hand trying to unduly restrict citizen comment can often lengthen ameeting When citizens come to speak they demand to be heard and if it looks like theywontget to speak when they expect to they will complain more about that and their issuethan they would otherwise even at following meetings

I ask this Board to allow citizen comment even after a presentation if people come tocomment on it But hold us strictly to our 3minute limits while continuing to allow 1minute rebuttals which are useful to any discussion

Published at Yahoo ContributorsGroup To easily follow Ryckeswritings send her anemailRycke Brown Natural Gardener 5419559040 rycke@gardenercom