[i]de jure - de facto[/i]
Dear Mamie and Judy;
Exactly my point. So there is a fundamental flaw on the federal level with pursuing oaths of office. Since the de facto Congress convened under the "extroardinary occasions" clause ever since. So Judy, you are better off to explore prosecutions on the State level.
I will outline the basic concept. In admiralty you still have remedy "where the common law is competent to give it" through the 'saving to suitors' clause. Maybe I threw that out there too early and some of you did not digest that; but try this instead. This is a more local method, absent Hundreds, Townships and Parishes - even proper county governments.
Search at your Secretary of State's website and get a searchable constitution (.pdf). You might order up a free book form too. To double-check against errors or especially if you are prone to the idea of conspiracies. Then word-search (Ctrl-F) for "court of record" and "courts of record". Those are courts of competent jurisdiction.
Then search around for the processes of filing oaths in your state. Now you are equipped to try someone for intentionally running a vacant office. If they have not filed their oath properly within 30 days after sitting in the office, it is deemed vacant. In Colorado this is found at Article XII, §§9-10.
Prosecution is tricky because if you enter that forum "court of record" there will be an attorney in a black robe posing as a judge. You have to know when and how to be sovereign. Meaning when he degrades your court (in your courthouse) with his bias toward the bank and fund, correct him by an order. If he fails to obey your order, decree contempt of court. Remember the State constitution promised you a court of record and you would of course have already tracked that "judge" by oath of office properly filed. See how you construct your court of competent jurisdiction - your king's bench?
All that conspiracy theory and paranoid banter in your recent Posts Judy, it comes from and gets confirmed by your sense of powerlessness. I hope you can drop it long enough to get a grip. Government is a reflection of the people. It is still a servant government.
Regards,
David Merrill.
P.S. Here is an example of a suitor (court of competent jurisdiction) being railroaded into an administrative tribunal. His 'mistake' was Refusing for Cause right there on the clipboard. It is way too efficient. I always recommend taking the presentment, even signing it with a legal name to prevent the officer from going postal, then R4C in Registered Mail using the US Courthouse for an evidence repository. That is much safer than on the side of the road.
Logically the first thing the presenter (deputy sheriff) did was demand the suitor's copy back. Three times and then the suitor made his second mistake, relenquished his evidence that he timely Refused for Cause the initial presentment (contract offer). The officer wrote up a second identical offer to contract (with his principal the Bank and Fund [Treasury]). This duplication was logical proof the first R4C was effective. But this time the officer quickly tossed it into the open driver window of the van. The suitor was reduced to childish behavior too (unfortunately) and threw it back out on the side of the road. With business finished he drove away to be captured a few minutes later at gunpoint.
http://friends-n-family-research.info/F ... Decree.rtf
court of record
If you are curious, the suitor is doing well. He has a pesty neighbor who calls the dog pound every time the dog is in the yard without a leash and had to deal with rejecting service of summonses. He is meeting me for lunch about something or other so there may be developments. Also, R4C on the side of the road has cost him over $1000 in bond, impound fees and hiring process servers. And he gladly paid me cash for the Order and Decree. Lunch today... It adds up but at least he did not get ulcers having to go through a court trial. When the officer found the driver license hidden under the van's carpet, the county governments tried to dredge up about six past Refusals for Cause. He would have been convicted and sent to jail.
[By the way; all or most of those presumptions Mr. Magoo made about me because of the link to my image library are untrue. I am adamantly against most of the failed doctrines Mr. Magoo mentioned me being in favor of. I have never even been on that website. You are providing me with a gauge about how much people, different profile groups can understand the machinations of governent/Treasury. In return I am offering the same. I do not share the same fear of illegal immigrants as this site's mission statement but like to see people be successful in any endeavor by simply applying the truth.]