doojie23
16p12 comments posted · 0 followers · following 0
13 years ago @ Tenth Amendment Center - A Tavern in 1791 · 1 reply · +1 points
No standing army for more than two years, which would mean that after two years any state can simply choose to stop supporting any war! Blackstone gave us "no standing armies" from common law, which pre-exists the constitution.
13 years ago @ Tenth Amendment Center - A Tavern in 1791 · 0 replies · +1 points
13 years ago @ Tenth Amendment Center - A Tavern in 1791 · 0 replies · +1 points
As both Brennan and Frankfurter have stated, ours is an accusatorial system, not inquisitorial. Since all states recognize the sovereignty of God, the presumption of innocence and the right to face an accuser must be maintained(Isaiah 54:17, Isaiah 50:8).
Any action outside of common law is unconstitutional. In North Carolina, under the seciton on 'courts", Magna Carta is quoted, giving clear authority to common law. Traffic copurt is administrative law, not comon law. Administrative law has no authority to deprive life, liberty, or property, according to the constitution.
13 years ago @ Tenth Amendment Center - A Tavern in 1791 · 0 replies · +1 points
In common law, Blackstone writes of a "supplatory oath" provided by the accused when there is only one witness. I suspect this same principle is used in traffic court. Once you swear/affirm as the accused, you merely give permission to the judge to pas sentence.
But trafic court is administrative law, not due process or common law. Under the 14th amendment, deprivation of life, etc can only be considered under common law.
13 years ago @ Tenth Amendment Center - A Tavern in 1791 · 3 replies · +1 points
However, once matters convene in regard to due process of common law, neither state nor federal govt has a right to abridge the privileges or immunities established under due process.
This means that the person accused of a traffic violation would ONLY be subject to common law proceedings. Common law, however, says a person can't even be detained on the street except that the detainment is imprisonment. Any detainment, according to Blackstone, must be done ONLY by a warrant, and the 4th amendment says for probable cause under oath or affirmation.
Any law that stops people for a general cause would be a general warrant, which is ptrohibited by the 4th amendment. This woud make the state itself the accuser, but the state can't abridge common law. IOW, all traffic courts must have ttrial by jury.
13 years ago @ Tenth Amendment Center - A Tavern in 1791 · 0 replies · +1 points
Before the 14th amendment, that would mean that no person could be deprived of life, liberty, or propertty, unless the state ruled on it according to due process.
IOW, the Supreme Court had no authority over due process, since life, liberty, and property was reserved to the states.
As St George Tucker also wrote, the federal govt had no authority over common law, and due process is defined as common law!
This would mean that any decision the Supremes make regarding due process is outside their authority!
The 14th doesn't change this. It merely keeps the states from doing what it already kept the feds from doing, which means that ALL matters of due process belong only to the people of each state!
13 years ago @ Tenth Amendment Center - A Bright Idea: Less Li... · 0 replies · +1 points
Or as Isaiah 29:16 says: "...shall the work say of him that made it, He made me not? Or shall the thing framed say of him that framed it, he hath no understanding?"
13 years ago @ Tenth Amendment Center - A Bright Idea: Less Li... · 2 replies · +1 points
2. The 5th Amendment tells us that no person shall be deprived of life, liberty, or property without due process of law. "Due Process" also defined by Justice Story, is COMMON LAW.
The Supreme Court, created by the Constitution, cannot lawfully decide substantive due process. It remains to the people.
13 years ago @ Tenth Amendment Center - What is the Constitution? · 0 replies · +1 points
Regarding corporations, if due process is common law, and common law pre-existed the constitution, can corporations have common law rights as a "legal person" under due process?
13 years ago @ Tenth Amendment Center - What is the Constitution? · 1 reply · +1 points