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|Topic: Common Law by Dale Pond, Rick Knutson, Howard Fisher and
Section: Bill of Rights Ordinance Story
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|The Larimer County Bill of Rights "Ordinance" Saga|
Dale Pond & Stephen Maye
On March 31, 1995 a revolutionary county ordinance was introduced to the Larimer County Commissioners. What does it say? It says that even though the federal government suspended the U.S. Constitution in 19331. We the People of Larimer County wish to have our unalienable rights recognized and respected by our local servants. We will enact this ordinance (or one just like it) thus making these rights preeminent in all civilian and governmental activity. The effects of this will be astounding.
This ordinance began in Luna County, New Mexico and was primarily authored by Rick Nagel, Ty Pond and edited by a number of their people. Once we received it it went through a number of rewrites and a large number of local people had their say about it.
The following is an outline of this ordinance as submitted to John Clark, Larimer County Commissioner. Call the Commissioners (numbers at end of article) and make known to them you support our Bill of Rights2 and you wish to have your rights recognized and respected by your local public servants.
This ordinance will once and for all bring our county back to a lawful and Constitutional basis in operation. This startling document:
1. Enacts the first ten amendments (our Bill of Rights) as the foundation ordinance of the county.
2. It enacts Title 18 of the United States Code which defines violation of a person's rights as a crime referred to in #1 above.
3. It enacts Title 42 of the United States Code which defines the penalties for violations against a person's rights referred to in #1 above.
4. It further states that all disputes or violations of this ordinance will be resolved in an article 3 Common Law court.
The implications of this ordinance will be staggering and will fundamentally change the way the county and People associate.
This ordinance is also being introduced into Weld County at this time as well as a number of nearby cities. There has been significant interest from other counties in other states. There is a coalition forming from all the above interested parties that will learn from and with each other and thus be of greater aid and assistance to counties who wish to implement the "Bill of Rights" ordinance for themselves.
Ordinance or Regulation?
This project has been a real learning experience for all of us involved in it. Right out of the chute we learned that no one, not even the County Clerk, or any of the Commissioners had any idea of how to implement or create an 'ordinance'. What is an ordinance anyway? How does it work? What is its purpose? All these questions and a dozen more plagued our strategies. Several of us began an effort to answer these questions. But, like Jason and the Dragons, the more questions we answered the more questions we found appearing as unanswerable. Pretty quick we found out Larimer County is a statutory county and cannot enact an ordinance but it could create a regulation The difference is subtle and has to do with jurisdiction and history. However, strange as it seems, the City of Fort Collins being a 'Home Rule' corporation can enact an ordinance! More on this weird circumstance in a subsequent article (maybe).
Colorado Constitution, 1876
Perhaps the strangest episode of our search was into the very most basic foundations of our law - the Colorado Constitution. We figured the constitution had something to do with the establishment of counties and that instrument was the best place to start our search. (It turns out we were right - it does mention counties quite a bit. In fact, it is the only ³law² we ever found that mentions counties outside of the Colorado Statutes.) Our first problem was that no one had ever seen a copy of it and didn't know where to get one. Isn't it strange that the fundamental law of our State is not readily available to its citizens?
Our journey took us to the County Court House where, after much asking, we eventually located the Law Library on the 2nd floor. Did you know you owned such a powerful resource? Did your high school teacher (or anyone else) ever tell you of your rights and how and where you could research the documents that protect you from an over zealous government? It is your library you know. It is there for your use and learning. Why has the very existence of this library been kept a secret? During this trip one of our researchers was all but thrown out of the building because he was denied entry with a tiny pocket knife. He even asked the 'guard' to hold it or even to leave it there at the 'gateway'. Both offers were refused. He was then refused his own right to wait in OUR public hallway for the others to review the library. As he waited downstairs, as ordered there, he was accosted and questioned again by another security agent. Why are our elected servants afraid of tiny pocket knives? Did they do something that if found out would make them afraid? Are they paranoid about "sharp objects"? Are they afraid of their own bosses, us? Why? Who are these Wackenhut 'people' anyway? Why isn't this security contract handled by Our Sheriff's department? Why do we have a Sheriff's department if not for our own security? How much are we paying these out-of-towners for what we can do better for and by ourselves?
Not to be out done another of our researchers was also accosted and escorted out of the County Court House. He was simply asking, in a polite and pleasant manner, for clarifications concerning issues arising from the voter registration process. Since when is curiosity abhorrent to our servants? When it is perceived to lift the veil on things better left hidden? Does this apparent paranoia seem to be related to the idea that those who have knowledge have power? Does it also seem as though this is not unlike other petty power-monger scenarios who appear strong and mighty but are really insecure and insignificant. Insignificant because the real power lies with We the People and not in despots or hirelings.
To avoid any further hassles with "our servants' servants" we eventually found our selves in the Colorado State University Library. Here we uncovered an extensive collection and tangle of federal tax laws and regulations but not a whole lot on state matters except the Colorado Statutes and a curious work about the City of Fort Collins Regulations and Codes. Nothing was found on or about counties. A major library and nothing about counties? We needed to dig deeper...
But not all was lost as we met a wonderful lady named Alice who runs the Special Collections department. She was sympathetic to our search and was able to reveal an original copy of the 1876 Colorado Constitution. This, we eagerly copied. Later this photocopy was scanned into our computers and is now available to the general public in pamphlet form.
During this time one of our associates was busy talking to and exploring with various of our employees (elected and otherwise) at the county building. Some of whom were extremely helpful and supportive. During these talks it was determined that the county is in actuality an extension of the state government existing for the sole purpose of implementing the State's will. This paralleled our research into the Colorado Constitution wherein it is stated pretty much this same chilling idea. In other words, our state constitution says these elected people work for the state and not for We the People! Our very own state constitution is in direct violation with the U. S. Constitution? Can this be true?
Can of Worms
A couple of red flags began gently waving in this ever cooling breeze... The County Commissioners are elected by US but they work for and answer to the Will of the State? Why do we elect them if they don't represent us but instead represent the State? Why bother voting at all? The ocean is a long ways off but the distinct smell of fish is getting stronger by the minute.
This strange situation gets stranger and stranger as one delves deeper into our(?) state constitution. The keystone here in this matter can be found in the Sixteenth American Jurisprudence Second Edition, Section 177.
[begin quote] ³The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any State Constitution or statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
"Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it . .
"A void act cannot be legally consistent with a valid one An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.
"No one is bound to obey an unconstitutional law and no courts are bound to enforce it." [end quote]
The implications of the above are clear and frightening. Even a cursory reading of our state's constitution reveals direct and flagrant conflicts between it and the federal constitution. Most notably the preservation of eminent domain5 and the violations of private property rights mentioned several times throughout the document. ("Eminent domain" and deprivation of property rights are one and the same things.) This doesn't include the "taking" of all the public lands from We the People and transferring them to the federal government without compensation and as a conditionı (blackmail?) of our stateıs entry into the Union on an equal footing with the original States'7. Beginning to smell the little fishies yet?
Taking the above into consideration it can be safely stated that the process for the citizens to make a change in their own government is not as simple as it should (and could) be. We are constantly being told to 'get a lawyer'. Folks, if lawyers were so hot and knowledgeable how come this constitutional conflict? Since lawyers have been running things since the beginning they must surely know about the 'T's not being crossed and the 'I's not being dotted in this all important document. Or is it true then that only lawyers can understand, use and interpret the law? It is they who wrote it in the first place. Whose law is it anyway? Is it theirs only to interpret or ours to make? Why have We the People allowed the law to become so complicated or was it the lawyers who keep it so? What ever happened to the 13th Amendment prohibiting lawyers from participating in the government?8 With all the thousands of lawyers running around our state professing to be 'experts on the law' how come we were not informed about these questions with our constitution? Is there a reason we are not being informed? Is somebody benefitting by this complex and screwed-up state of affairs? Is the Colorado constitution valid or not? If it isn't then We the People are indeed in deep trouble. If it is then We the People have some terrible problems to sort out.
In just two short but intense weeks we (the unwashed) uncovered more about the foundation law of this state than any of us really wanted to or the lawyers apparently wanted found out. What kind and number of worms are we going to find when we resume digging? If you elect an individual should he not represent your views? We elect someone and somebody else tells them what they can and can't do? Is there something wrong with this picture? We also elect our own judges and District Attorneys but guess who tells them what, how and to whom (YOU) to impose their vicious equity9 law. Since they work for the state it is quite clear you have no say in the matters they deal with - the regulation and taxing of you and yours.
WHERE IS YOUR CONSTITUTIONAL RIGHT TO REPRESENTATIVE GOVERNMENT?
It looks more and more like We the People do not have a government "by the people and for the people.' So who is it by and for? The judges?, the lawyers?, maybe the bankers perhaps.... sniff sniff fishy, fishy....
So now you know why We the People want this ordinance passed.
Why? Because We the People have unalienable rights given us by the Creator and we have been ignoring and disdaining our own Divine heritage. We carelessly entrusted these incredibly valuable gems to people we thought were trustworthy and who would work for us. Instead these hired servants sold out for shekels and are licking the boots of an evil hierarchical power structure instead of serving us. It is evil because they have not told Us any of the above but instead have kept it secret and out of our awareness. These are powerful secrets (knowledge is power) that only the judges and lawyers know about11. Only those who fear reprisals or the Truth operate in secret. What do they have to hide? This is not unlike the lowly cockroach who fears being caught in the Light (of Truth) and scurries for his dark hidey hole.
The odor of roofing fish is everywhere. The foulness and stench reeks and reeks as the Light (of Knowledge) is brought into sharper focus on these issues.
UPDATE 5/20/95: Since the writing of this article we have had inquiries from Georgia, Kentucky, New York, Nevada, Florida, Texas, North Carolina, Ontario, Pennsylvania and assorted cities. America does indeed want its country back. We will post updates from time to time in this newsletter.
Please call these Commissioners to voice your support for this ordinance
Larimer County Commissionersı Office (970) 498-7010
John Clark (970) 498-7001 work
James Disney (970) 498-7003 work
Janet Duval (970) 498-7002 work
This ordinance has already been introduced in Luna County New Mexico. Call or write: Ty Pond of the New Mexico Freedom Council 1310 E. Pine Deming, New Mexico 88030 (505) 546-8313.
Luna County Commissioners
Scott Vinson (505) 546-4899 Luna County Manager
Tom Lindsay (505) 546-7511 Luna County Commissioner
Fred Herem (505) 546-3166 Luna County Commissioner
1 Amended Trading with the Enemy Act, March 9, 1933; published in 12 USC Sec. 95b, the Agricultural Adjustment Act of May 12, 1933.
2 The same as the first 10 amendments to the U. S. Constitution.
3 Speaking of flags, it has come to our now alarmed attention that wherever there is a gold trimmed U. S. flag, there, in that spot, is mlitary jurisdiction. If the flag does not have gold trim it is civil jurisdiction. Not only this but according to an atticle in Perception magazine May/June, 1995) the flag we all know and pledge to is a military flag as well. The original civil flag of the U. S. has vertical white and red stripes and the blue stars are on a white background! If that is not enough to rock you back please read further that since 1982 there has been a new flag flying over the Disttict.of Columbia (Washington DC) ostensibly as a new independent Super-State outside the Union of 50 states calling itself THE STATE OF NEW COLUMBIA with a brand new constitution! Perception Magazine (May/June, 1995).
4 Colorado Constitution, 1875, Article II, Section 1.
5 Colorado Constitution, 1876, Artiele XV, Section 8. 6 U. S. Constitution, Amendment 5.
7 Colorado Constitution; Ordinance, paragraph 8. And also President Grant's Address to the People of Colorado, 1876.
8 The original 13th amendment (yes, Virginia there are TWO 13th Amendments) was hidden and deleted from the U. S. Constitution during the Civil War. This, it so happens, coincides with the effort to bring Colorado into the Union. This timing may go a long way to explain a lot of the questions and confusion associated with Colorado's Constitution. For the whole story contact AntiShyster c/o P. O. Box 540786 Dallas, Texas 75354 (214) 386-8604.
9 For a broad review on Equity Law vs Common or Constitutional Law please see: "A History of The American Constitutional or Common Law with Commentary Concerning Equity/Admiralty/Maritime Law." Delta Spectrum Research P. O. Box 316 Valentine, Nebraska 69201.
10 Colorado Constitution, 1876, Article II, Section 2.
11 FRAUD: An intentional perversion of truth for the purpose of including another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury. Anything calculated to deceive, whether by a single act or combination or by suppression of truth, or suggestion of what is false, whether it be by direct falsehood or innuendo, by speech or silence, word of mouth, or look or gesture.² Blackıs Law Dictionary, 6th edition.