April 20, 2015 at 4:48 p.m.
Jurisdiction issues must be fixed
Letters to the Editor
To the editor:
Each family and pro-freedom organization around the country finds itself fighting with a law or regulation written by some government.
Whether it is tobacco, human life, guns, raising hogs, wheat, seat belts, fishing, taxes or a million other rules, this is not freedom under a limited Constitution.
In Madison’s first inaugural address, he said, “Wisely, the federal government is exempt from the civil courts.”
Most all of the law and regulations are in the civil law category. Title 18 of the U.S. Code is criminal law.
We have two types of law:
•Criminal — Government against a citizen.
•Civil — Citizen against citizen.
Criminal law provides the defendant with protection of the Constitution and especially the amendments; search, testifying and all the others. Civil law has no Constitutional protection and it is not needed.
What appears to be happening is government has been taking people to criminal court using civil law. This is an abuse of process and outside the jurisdiction of any court. The plead is always “lack of jurisdiction.”
In other cases, the government takes a citizen to civil court where you have no Constitutional protection and then proceeds against you with civil law. Again this is abuse of process and the plead is “lack of jurisdiction.”
All of the rules and regulations written by the legislature and agencies is for the employees of government and should never have been for the citizen under our Constitution. If the law can not keep our legislature out of civil courts, where is the limit to government?
I have reread my letter and understand I have assumed too much.
The major law — IRS Code is Title 26, a civil code. It can not be enforced legally. Government can not go in civil court nor can it take civil law into criminal court. Therefore, if it can sue, it must find you guilty of fraud or some criminal act and then go to criminal court. But it can’t use Title 26 because it is civil law. It is a voluntary tax, nothing else. All building codes, zoning codes, social security, licensing (government) are voluntary. In a legal system under the Constitution, all of these systems are voluntary, as they should be.
Apply this to all rules and regulations and we become a free people again.
The thing we have to straighten out is jurisdiction in the courts.
William H. Vickers
Portland
Each family and pro-freedom organization around the country finds itself fighting with a law or regulation written by some government.
Whether it is tobacco, human life, guns, raising hogs, wheat, seat belts, fishing, taxes or a million other rules, this is not freedom under a limited Constitution.
In Madison’s first inaugural address, he said, “Wisely, the federal government is exempt from the civil courts.”
Most all of the law and regulations are in the civil law category. Title 18 of the U.S. Code is criminal law.
We have two types of law:
•Criminal — Government against a citizen.
•Civil — Citizen against citizen.
Criminal law provides the defendant with protection of the Constitution and especially the amendments; search, testifying and all the others. Civil law has no Constitutional protection and it is not needed.
What appears to be happening is government has been taking people to criminal court using civil law. This is an abuse of process and outside the jurisdiction of any court. The plead is always “lack of jurisdiction.”
In other cases, the government takes a citizen to civil court where you have no Constitutional protection and then proceeds against you with civil law. Again this is abuse of process and the plead is “lack of jurisdiction.”
All of the rules and regulations written by the legislature and agencies is for the employees of government and should never have been for the citizen under our Constitution. If the law can not keep our legislature out of civil courts, where is the limit to government?
I have reread my letter and understand I have assumed too much.
The major law — IRS Code is Title 26, a civil code. It can not be enforced legally. Government can not go in civil court nor can it take civil law into criminal court. Therefore, if it can sue, it must find you guilty of fraud or some criminal act and then go to criminal court. But it can’t use Title 26 because it is civil law. It is a voluntary tax, nothing else. All building codes, zoning codes, social security, licensing (government) are voluntary. In a legal system under the Constitution, all of these systems are voluntary, as they should be.
Apply this to all rules and regulations and we become a free people again.
The thing we have to straighten out is jurisdiction in the courts.
William H. Vickers
Portland
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