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COMMON LAW, Part II

Text: The Sheriff is a servant of the People; upon taking office he takes an oath to uphold the Constitution and keep the peace. In American Jurisprudence, on Sheriffs, Police and Constables, we find the following: "Origin of Office. The office of sheriff is an ancient one, dating back to at least the time of Alfred, King of England, and the holder thereof has always been the chief executive officer and conservator of the peace in his shire or county. He is a county officer representing the executive or administrative power of the state within his county. In this country, the office is generally an elective one, and anciently in England, sheriffs were elected by freeholders of the county, although gradually, it became the custom for the Crown to appoint the Sheriff." Abraham Lincoln stated the following on February 12, 1865: "The people are the rightful masters of both Congress and the Courts. Not to overthrow the Constitution, but to overthrow the men who pervert the Constitution." The 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 statute to be valid, must be in agreement. It is impossible for both the Constitution and a statute violating it to be valid. One must prevail, and that is the Constitution. In Volume 16, American Jurisprudence, 177, we find the following: "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 Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.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." The Constitution guarantees the right of a freeholder to protect his property from Criminal Trespass. Civil Law or Equity Law is the law of the ruler; Common Law is the law of the People. It is the sworn duty of the Sheriff to obey and uphold the Constitution and to protect the property and Rights of the freeborn, Sovereign individuals of the County. County Sheriffs must be advised of the instances where unlawful acts of officials or agencies of government are committed. It is the duty of the Sheriff to protect the local citizens from such unlawful acts, even when they are committed "under color of law". There is no lawful authority for Judges and the Courts to direct the law enforcement activities of a County Sheriff. The Sheriff is accountable and responsible only to the citizens who are inhabitants of his County. He is under Oath of Office, and need not receive unlawful Orders from Judges or the Courts. He is responsible to protect citizens, even from unlawful acts of officials of government. He should not allow his office to be used as an unlawful "lackey" of the Courts. Since the formation of our Republic, the local County (or Parish) has always been the seat of government for the body politic (the People). A County (or Parish) government is the highest authority of government in our Republic as it is closest to the body politic (the People) who are, in fact, THE GOVERNMENT. The Common Law of the States is founded and grounded upon substantive titles in real property, and no mere legislative enactment by Congress or State legislature, nor judicial ruling by Federal or State Courts can operate to deprive the People of their Rights at Law, including the Rights inherent in their Allodial Land Title Rights. The Constitution of the United States of America, Article III, Section 2, authorizes Courts of Law and Courts of Equity; Judicial Equity is authorized; but nowhere does the Constitution of the United States of America authorize a single bit of either Federal Executive branch of government Equity jurisdiction, or Federal Legislative branch of government Equity jurisdiction. The Constitution of the State of Iowa, as drafted in conformance to the Constitution of the United States of America, and being second thereto, Article V, Section 6, authorizes Courts of Law and Courts of Equity; Judicial Equity is authorized; but nowhere does the Constitution of the State of Iowa authorize a single bit of either State Executive branch of government Equity jurisdiction or State Legislative branch of government Equity jurisdiction. The Federal Bill of Rights was drawn and adopted to guarantee an estoppel (or bar) to the abhorrent Federal Executive and Legislative Equity jurisdiction, and therefore, the State Bill of Rights is also a guaranteed estoppel against any actual or de facto abhorrent State Executive and Legislative Equity jurisdiction; this is an abhorrent and oppressive Equity, because it purports to be able to administer, adjust and deny said Common Law Rights without first pursuing the appropriate remedy at Common Law and thus denying due process. In other words, State government, both Executive branch and Legislative branch, must be at Law, and may not impose any form of Equity jurisdiction upon the People, by compulsion or otherwise, without their knowledge and informed consent; that such enactments are nullities and do not exist at Law, because the Rights of freeborn, Sovereign individuals would be violated if they were to be forced to obey them. If an agency of the government, including the court, would act as if it were Principal, and Freeman, as against it's true Principal, the People, this would be an inversion of the legal principle of Sovereignty of the People, and by so acting, this agency of the government, including the court, would be a pretender to the power, and as a pretender, it's acts would be a nullity and would not exist, at Law; that is to say, that it would be null and void, and of no force and effect, at Law; that, in fact, it would not be government at all, but would be a private, criminal operation, imposing a rule of force, fraudulently pretending to be government, since, in this country, the only legitimate function of government is to protect the Rights and freedoms of the People. Each freeborn, Sovereign individual has the authority and the Right to deny and to disavow all Equity jurisdiction, and to refuse to acquiesce to the jurisdiction of Courts of Equity, or to Equity jurisdiction of any Executive or Legislative branch of government agency or agent, State or Federal. The Constitution of the United States of America, Article IV, Section 4, guarantees a Republican Form of government to every State. The definition of a "Republic" is as follows: "Republic: A state in which the sovereign power resides in a certain body of the people (the electorate), and is exercised by representatives elected by, and responsible to, them; " Webster's Collegiate Dictionary, Fifth Edition . The Courts of Iowa are nullities, and do not exist, either at Law or in Equity, because unelected State Judges have no jurisdiction, at Law or in Equity, over any one or any thing, being in direct violation of each freeborn, Sovereign individual's Right to a Republican Form of Government; his Right to have an Elected Judge; and his Right to Separation of Powers, because the Governor, as Chief Executive of the State, has no Judicial Power to delegate to an appointee. The Governor of this State is not a Chancellor, nor are any officials appointed under him authorized to exercise any Judicial powers; there can be no delegated power in Chancery Law to be executed under the alien, outlawed and illegal Roman Civil Law, unless acquiesced to by the freeborn, Sovereign individual. That evil and alien jurisdiction, the de facto Equity jurisdiction of the Roman Civil Law, allows judges to enforce the unlawful summonses of IRS agents, Highway Patrol Officers, city policemen, building inspectors, OSHA agents, FDA agents, and the agents of all other equally unlawful regulatory bodies of so-called government, who attempt to impose a jurisdiction in which the Rights of freeborn, Sovereign individuals are violated. That evil and vicious Roman Civil Law allows the 'judges' to have people arrested, jailed, and property taken away from them, or their property to be criminally trespassed upon and destroyed; all without a Common Law Trial by Jury, or just compensation, or due process of Law. Under the Common Law, no bureaucrat can dictate what happens to your liberty or your property. The only entity that can determine punishment (pass sentence) upon a freeborn, Sovereign individual is a lawfully constituted Common Law Jury. Aiding and abetting the IRS and similar agencies in enforcing their unlawful summonses and assessments constitute an enforcement of the alien and evil Roman Civil Law. Aiding and abetting the Highway Patrol Officer, the city policeman, the meter maid, the building inspector, in enforcing traffic tickets and other unlawful summonses constitute an enforcement of the alien and evil Roman Civil Law. Compelling a freeborn, Sovereign individual to do anything, except upon the verdict of a Common Law Jury, constitutes an enforcement of the alien and evil Roman Civil Law.

See Also: See stack COMMON LAW

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