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A DIFFERENT THEORY ON:
HOW TO DECLARE CITIZEN’S SOVEREIGN AUTHORITY
AS A CONSTITUTIONAL CREATION: A CITIZEN
Some of our readers have asked us about “Sovereign Citizen Movements” and they have asked what our opinon is (as if it matters in court).
THE BAD NEWS FOR SO CALLED SOVEREIGN CITIZENS:
Without taking a stand one way or the other on the legal theories offered by sovereign citizen movements such as Posse Comitatus etc. Our position is simple. “Sovereign Citizens” rarely win in court and the complex legal arguments are rarely helpful to anyones cause (whether they are right or wrong).
THE GOOD NEWS:
We don’t believe that anyone needs to give up their drivers license or pitch a conspiracy theory to a Judge to claim Sovereignty. We believe that CITIZENS ARE INHERENTLY “THE SOVEREIGN” with or without their Drivers License or Social Security Card.
The Sovereignty of citizen / the people is recognized by the Constitution of the United States of America, visa vi the 10th Amendment of the Bill of Rights, which states (in toto):
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”
(Clearly the Constitution recognized both the sovereignty of the state and the people by expressly establishing that both have inherent power / authority independent of the Federal Sovereign, and independently from each other!)
THE MOST POWERFUL LEGAL PERSON IN COURT:
A pro se / Self Represented Litigant Appears as at least 5 “legal persons”:
1. A citizen (A Constitutional Creation) who claims ownership of the authority of; The Court, The Executive Branch, The Legislatrure (as the primary sovereign Authority in America)
2. As Attorney-in-Fact (A Legal Person) with Litigation Privileges Equal to an Attorney at Law)
3. A Witness-of-Fact (A Legal Person) with the authority to speak to the facts of the matter thereof, and put them before the court (Neither Lawyer or Judge may do this)
4. A Real-Party-of-Interest (A Legal Person) with rights to advocate for their individual legal interests in the matter before the court, without being either representing the Defendant or Plaintiff in the matter before the court.
5. A Natural Man in the Flesh (A Sovereign Creation) empowered with INALIENABLE RIGHTS that pre-date the Magna Carta (With the Power to reform Government and arrest any criminal)
JUDGES & ATTORNEYS LACK SIMILAR AUTHORITY & RIGHTS:
A Judge appears: ONLY AS as the highest ranking an officer of the Court at trial & Neutral Fact Finder.
- A Judge enters the court in this single capacity (not as citizen, or sovereign, but only as agent to the sovereign)
- A Judge: CAN NOT ACT AS WITNESS TO THE FACTS OF THE MATTER BEFORE THE COURT, (except with regard to facts of the matter that occurred during the court proceedings) (Citation: N.J.R.E. 605, F.R.E. 605)
- A Judge Can Not Over-rule a Citizen Jury at trial.
- A Judge Can Demand a Verdict From a Jury BUT A JURY CAN NULLIFY A CASE AND REFUSE TO PROVIDE A VERDICT!, because they are sovereign citizens… IN FACT THE JURY IS THE “4TH BRANCH OF GOVERNMENT”, per U.S. Supreme Court Justice Scalia
- A Judge enters the court in this single capacity (not as citizen, or sovereign, but only as agent to the sovereign)
(Citation Williams v. United States, 1996)
An Attorney-at-law appears: ONLY as an officer of the Court at trial on behalf of a client.
- An Attorney HAS NO RIGHTS, JUST PRIVILEGES, which can be taken at away at the whim of the court or B.A.R. Association
- An Attorney can only advocate for their privileged title / position (if taken away) by invoking their rights as a citizen – but not while acting as a retained lawyer.
NO PARTY IN COURT HAS MORE AUTHORITY & RIGHTS THAN
A PRO SE CITIZEN
HERE IS OUR THEORY ON CITIZEN SOVEREIGNTY
THE FACT THAT CITIZENS ARE MORE POWERFUL THAN JUDGES
YOUR HONOR – TAKE JUDICIAL NOTICE OF THIS THESE FACTS:
The American Form of Government (and our legal system’s) primary difference with the British Common law is that we rejected the concept of divine sovereignty of royals, and instead recognized the sovereignty of natural men and their rights to self-govern with sovereign power.
WE hereby assert that WE (THE CITIZENS) have the sovereign authority to now hold you (JUDGES) accountable for these transgressions in open court today.
WE make this assertion with out making any claim to the disputed or conspiratorial theories espoused by so-called “Sovereign Citizens”.
Importantly WE take no stance on any of the purported theories of such Sovereign Citizens, nor do WE attempt to claim any allegiance to any groups that advocate for such theories (e.g. Posse Comitatus, or their ilk)
Unlike the Posse Comitatus and their ilk:
I / WE make claim to my citizenship & sovereignty BY ASSERTING MY CITIZENSHIP RATHER THAN DISAVOWING IT AS SO-CALLED “SOVEREIGN CITIZENS” PURPORT TO DO.
I / WE do not believe that consenting to hold a drivers license or Social Security Card interferes with OUR sovereign authority as a citizen.
… INSTEAD WE MAKE THE FOLLOWING CLAIM:
I / WE MAKE OUR CLAIM TO SOVEREIGN AUTHORITY BECAUSE I / WE ARE A CONSTITUTIONAL CREATION.
I / WE ARE CITIZEN(S) OF THE UNITED STATES OF AMERICA AND I / WE ARE A CITIZEN OF NEW JERSEY.
I / WE ARE MEMBERS OF THE MOST POWERFUL BRANCH OF GOVERNMENT, AS CITIZENS.
I / WE HAVE AN OWNERSHIP STAKE IN ALL FOUR BRANCHES OF GOVERNMENT
(Executive, Legislative, Judicial, and Jury (Grand Jury & Petite Jury) )
To this point I /WE demand you take judicial notice of the following widely known facts:
1) The system of Self-Government embodied by the Federal and State Constitutions recognize the power of citizens to form or reform the government however we so choose, because the power of the sovereign is recognized to originate from the citizen class.
2) Citizens are the alpha-omega of sovereignty in the American Legal System:
The Government is simply a result of our sovereignty, as such it is indisputably the “BETA” to the citizens “ALPHA” position within the legal construct of Government.
Citations: Declaration of Indpendence 1976 (in toto / in whole), Constitution of the United States of America, original Jurisdiction 1787 (in toto), State Constitution of New Jersey 1947 (in toto)
3) Citizens own and control the FOURTH BRANCH OF GOVERNMENT (THE GRAND JURY). This was confirmed by the United States Supreme Court in the majority Opinion written by Justice Scalia in United States v. Williams (90-1972), 504 U.S. 36 (1992).
4) The American Form of Government (and our legal system’s) primary difference with the British Common law is that we rejected the concept of divine sovereignty of royals, and instead recognized the sovereignty of natural men and their rights to self-govern with sovereign power.
5) Citizens are among the only Constitutional persons who can completely disregard the doctrine of separation of powers between each of the branches of government, because we own all four branches.
Citizens own the authority’s granted to the Governor
Citizens own the authority granted to the legislature
Citizens own the authority granted to the court
Citizens are the authority of the Jury (Both Grand and Petite)
Citizens of New Jersey are the only persons constitutionally empowered to both arrest and prosecute the a criminal matter, which the same (person/)citizen witnessed
Citizens are the only constitutional creation who can conspire to reform all four branches of government by the sheer power of their will.
While the individual branches of Government lack the sole authority to control AND fund a well armed Militia… We the citizens can fund and control a Well Armed Militia, in fact in some rare cases – WE ARE the Well Armed Militia.
WHAT WE DO WHEN A JUDGE ACTS UNLAWFULLY TOWARD
WE DECLARE A MISTRIAL
WE DECLARE OUR SOVEREIGN AUTHORITY TO DO SO
YOUR HONOR, GIVEN THE ABOVE:
IN CASE YOU MISSED THE NEWS A FEW YEARS AGO:
…. A FEW OF US CITIZENS THREW SOME TEA IN THE OCEAN AND….
YOUR HONOR, YOU HAVE INSULTED, DEMEANED, AND DIMINISHED THE INTEGRITY OF THIS COURT.
AS YOUR SOVEREIGN I WILL NOT TOLERATE IT A SECOND LONGER.
LIKE A CHILD WHO DISOBEYS THEIR PARENT YOU HAVE DISAPPOINTED ME AND WILL NOW BE HELD ACCOUNTABLE TO YOUR PARENT.
YOUR HONOR, YOUR BIGGEST MISTAKE WITH REGARD TO MY LEGAL AFFAIRS AND YOUR BIGGEST SIN HAS BEEN YOUR ARROGANCE.
TODAY I WILL ASSURE YOU I WILL REMOVE THAT CONCERN FROM THIS COURT FOREVER.
AS YOUR SOVEREIGN I DEMAND YOU STEP DOWN FROM THE BENCH WITH REGARD TO THIS MATTER.
YOU ARE NOT CLOAKED IN ANY JUDICIAL IMMUNITY GIVEN THE TRANSGRESSIONS DESCRIBED ABOVE (YOUR COURT ORDERS), YOU ARE NO LONGER NEUTRAL, AND YOU ARE NO LONGER THE JUDGE OF THE FACTS THEREOF IN THIS MATTER…
BEGONE I SAY…
BEGONE NOW OR:
I WILL PLACE YOU UNDER ARREST.
I WILL DEMAND YOUR TREASON BE FULLY PROSECUTED BY THE STATE, AND
BE ASSURED THAT ANY MISDEMEANOR CRIMES MAY BE PROSECUTED BY MYSELF AS A PRIVATE PROSECUTOR PURSUANT THE NEW JERSEY CONSTITUTION AND:
MY COMMON LAW RIGHT TO HAVE YOU CRIMINALLY SANCTIONED AT TRIAL!
I remind the court that I hold more powers and privileges than
any other legal person in the court today.
Citizens appear in court as:
5 DISTINCT LEGAL “PERSONS” SIMULTANEOUSLY!
1) I am a “Citizen” of New Jersey (“a legal person”) empowered with the right to:
a) Arrest criminals who commit crimes in my presence (even a Judge can not do this while on the bench)
b) Prosecute crimes privately per the New Jersey Constitution of 1947 (even a Judge while on the bench)
c) I have the right to conspire to reform any of the three representative branches of Government without regard to the Separation of Powers Doctrine
2) I am an pro se “Attorney-in-Fact” (a “Legal Person”) for the cause before the court with the right to
a) File my pleadings without adhering to the court rules (neither a judge or a member of the bar can do this)
b) Access the court in whatever legal manner I desire to with regard to resolving my legal matters
3) I am a “Witness-of-Fact” (a “Legal Person”)
a) I have the power to testify to facts-of-the-matter-thereof, unlike an attorney or Judge
b) A judge can not do this according to N.J.R.E. 605 / F.R.E. 605 because: “a judge may not serve as witness and judge in the same matter”.
c) A lawyer can not testify to facts of the matter if those facts are also within the Knowledge of their client… only a pro se, citizen can testify in this manner.
4)I am a “Real Party” (a “Legal Person”) with rights greater than a witness-of-fact or citizen
1) A Real Party of Interest is a party with a stake or claim to the underlying legal proceedings
2) A Real Party of Interest has the right to be notified of court proceedings affecting their interests and they have the right due-process.
3) All court orders which result without providing opportunity for a real party of interest to be heard are voidable, even if they were issued years ago.
5) I am a “Natural Man” (a “Sovereign Creation”)
a) I have INALIENABLE RIGHTS which pre-date the Declaration of Indpendence, the Magna Carta, and the corpus of common-law.
b) American Jurisprudence and law is founded on the idea that every man has inalienable rights such as freedom and pursuit of liberty
WE BELIEVE THAT WHEN WE FILE WITH THE COURT WE SIMPLY NEED TO INVOKE THE RIGHTS OF ALL 5 LEGAL PERSONS WITHIN THE MOTION PAPERS TO ASSERT THE RIGHTS DESCRIBED ABOVE.
Expressly include in our motions:
appearing as the following legal persons:
pro se, attorney-in-fact;
Citizen of New Jersey & United States of America;
real party of interest; and
(herewith invoking legal all rights and privileges applicable to the aforementioned legal persons)
ITS A CUMBERSOME SOLUTION BUT, ITS A RESULT OF HAVING MORE LEGAL TITLES THAN ANY OTHER PARTY IN COURT.
OUR MOTIONS WOULD THEN INCLUDE:
A SHORT LEGAL ARGUMENT
SUPPORTING OUR AUTHORITY AS THE AFOREMENTIONED LEGAL
PERSONS AND OUR SOVEREIGNTY PURSUANT THE 10TH AMENDMENT.