SECTION
III
FUNDAMENTAL LAW
THE ORGANIC LAW OF THE CONNECTICUT STATE REPUBLIC
1. This section of this affidavit is made pursuant to Public Law
97-280 (1983) wherein it is proclaimed: "Whereas this Nation now
faces great challenges that will test this Nation as it has never
been tested before; and Whereas that renewing our knowledge of
and faith in God through Holy Scripture can strengthen us as a
nation and a people: ..."
2. "Every system of law known to civilized society generated from
or had as its component, one of three well known systems of
ethics: pagan, stoic or Christian. The common law draws its
subsistence from the later, its roots go deep into that system,
the Christian concept of right and wrong or right and justice
motivates every rule of equity. It is the guide by which we
dissolve domestic frictions and the rule by which all legal
controversies are settled." [Emphasis added] Strauss v. Strauss
(1941), 3 So. 2d 727, 728.
3. "What is a constitution, and what are its objects? It is easier
to tell what it is not than what it is. It is NOT the beginning of
a community, nor the origin of private rights; it is NOT the
fountain of law, nor the incipient state of government; it is not
the cause, but consequence, of personal freedom and political
freedom; it grants no rights to the people, but is the creature of
their power, the instument of their convenience. Designed for
their protection in the enjoyment of the rights and the powers
which they possessed before the constitution was made, it is but
the framework of the political government, and necessarily based
upon the PRE-EXISTING CONDITION OF LAWS, rights, habits, and modes
of thought. There is nothing primitive in it: it is all derived
from a known source. It presupposes an organized society, law,
order, property, personal freedom ... A written constitution is in
every instance a limitation upon the powers of government in the
hands of agents; for there never was a written republican
constitution which delegated to functionaries all the latent
powers which lie dormant in every nation, and are boundless in
extent, and incapable of definition." [Emphasis added] Hamilton v.
St. Louis County Court, 15 Mo. 13, per bates, arguendo. And
see\Matter of Oliver Lee & Co.'s Bank, 21 N.Y. 9. Thus it is
necessary to look to the "... PRE-EXISTING CONDITION OF LAWS ..."
of this state to ascertain what is the "law" of this State.
4. Christianity is now and has always been part of the Common Law
of this state and of the several States united: CHRISTIANITY. The
religion established by Jesus Christ. ( 2. Christianity has been
judicially declared to be a part of the common law of
Pennsylvania; 11 Serg. & Rawle, 394; 5 Binn. R.555; of New York,
8 Johns. R. 291; of Connecticut, 2 Swift's System, 321; of
Massachusetts, ( Dane's Ab. vol. 7, c. 219, a. 2, 19. Bovier's
Law Dictionary - 1856
5. The Preamble to the Constitution of the de jure Republic of
Connecticut sets forth the commission that all de jure "Public
Officials" have received from the people and have sworn an oath
before God to uphold and perpetuate: CONNECTICUT CONSTITUTION
PREAMBLE
"The people of the State of Connecticut acknowledging with
gratitude, the good providence of God, in having permitted them
to enjoy a free government; do, in order more effectually to
define, secure, and PERPETUATE the liberties, rights and
privileges which they have derived from their ancestors; hereby,
after a careful consideration and revision, ordain and establish
the following constitution and form of civil government."
[Emphasis added]
6. The 1818 Connecticut Constitution was not the beginning of
the public law of this state. It very explicitly states that it's
purpose and commission was to "... PERPETUATE the liberties,
rights and privileges which [we] they have derived from [our]
their ancestors" It is clear that this was not the beginning of
the Public State of Connecticut or of the rights that it was
instituted to protect and secure. It was designed to "PERPETUATE
... the rights and the powers which they (we) possessed before the
constitution was made,... it is but the framework of the
political government, and necessarily based upon the PRE-EXISTING
CONDITION OF LAWS, ..." .
PERPETUAL: That which is to last without limitation as to time;
as, a perpetual statute, which is one without limit as to time,
although not expressed to be so. Bovier's Law Dictionary - 1856
Edition
7. Therefore, it is necessary to go farther back in
Connecticut's legal history to ascertain what it is that all de
jure "Public Officials" in this state have sworn to uphold and
PERPETUATE pursuant to Article 11th of the 1818 Constitution of
the Republic of Connecticut.
THE FUNDAMENTAL ORDERS OF CONNECTICUT
January 14, 1639
PREAMBLE
"For as much as it hath pleased Almighty God by the wise
disposition of his divine providence so to order and dispose of
things that we the Inhabitants and Residents of Windsor, Hartford
and Wethersfield are now cohabiting and dwelling in and upon the
River of Connectecotte and the lands thereunto adjoining; and well
knowing where a people are gathered together the word of God
requires that to maintain the peace and union of such a people
there should be an orderly and decent government established
according to God, to order and dispose of the affairs of the
people at all seasons as occasion shall require; do therefore
associate and conjoin ourselves to be as one Public State or
Commonwealth; and do for ourselves and our successors and such as
shall be adjoined to us at any time hereafter, enter into
combination and confederation together, to maintain and preserve
the liberty and purity of the gospel of our Lord Jesus which we
now profess, as also, the discipline of the Churches, which
according to the truth of the said Gospel is now practiced amongst
us; as also in our civil affairs to be guided and governed
according to such Laws, Rules, Orders and Decrees as shall be
made, ordered, and decreed as followeth:" [Emphasis added]
Thus, we can see just what it is that the constitution of the
Connecticut State Republic was designed, "ordained" and
"established" to "PERPETUATE", and that which all de jure "public
officials" of this State are bound by oath to uphold and defend.
To do otherwise is to betray the people, violate their oaths and
cease to represent the people of this State.
8. From a U.S. House Judiciary Committee Report dated March, 27,
1854 which stated:
"Had the people, during the revolution, a suspicion of any attempt
to war against Christianity, that revolution would have been
strangled in its cradle... at the time of the adoption of the
constitution and its amendments, the universal sentiment was that
Christianity should be encouraged, but not any one sect. In this
age, there is no substitute for Christianity... that was the
religion of the founders of the republic and they expected it to
remain the religion of their descendants." [Emphasis added]
9. Two months later, in May of 1854, another U.S. House Judiciary
Committee Report stated:
"The great vital and conservative element in our system is the
belief of our people in the pure doctrines and the divine truths
of the gospel of Jesus Christ." 10. In "Church of the Holy
Trinity v. United States" (1892) the Supreme Court concluded
(backed by 87 historical precedents): "No purpose of action
against religion can be imputed to any legislation, state or
national, because this is a religious people... This is a
Christian Nation."
11. In "Runkel v. Winemiller" (1799), the Supreme Court concluded:
"By our form of government, the Christian religion is the
established religion; and all sects and denominations of
Christians are placed on the same equal footing."
12. In "People v. Ruggles" (1811) the Supreme Court concluded:
"Whatever strikes at the root of Christianity tends manifestly to
the dissolution of civil government."
13. Samuel Adams in 1776 said this:
"I have long been convinced that our Enemies have made it an
Object, to eradicate from the Minds of the People in general a
Sense of true Religion & Virtue, in hopes thereby the more easily
to carry their point of enslaving them."
14. John Quincy Adams, Secretary of State (Oration celebrating
July 4, 1821). Library of Congress copy, p.26
"From the day of the Declaration of Independence ... They [the
American People] were bound by the laws of God, which they all,
and by the laws of the Gospel, which they nearly all, acknowledged
as the rules of their conduct."
DELEGATION OF LAWFUL AUTHORITY
15. The basis of the legitimacy of a government depends upon the
law it must conform to. In America, the nature, scope and extent
of powers of government is dictated by the people in their
constitution, not by those in government. A lawful and legitimate
government exists when "established according to the constitution"
and exercising only those powers delegated to it by the people in
the constitution, Thus, outside the constitution, no government
exists except a de facto government.
16. A lawful government in America (whether local or national)
is also one that conforms to and abides by the established
principles the country was founded upon, and which were preserved
in the War for Independence.
17. It is fundamental that the frame of government is to be
composed of three separate, co- equal and independent branches of
government - legislative, executive, and judicial. None of these
branches can exercise or delegate the powers of any of the others.
Nor can they transfer their own constitutionally delgated powers.
It is also fundamental that these departments and their powers can
only be derived from the people. Political power is divided into
these three areas, and the doctrine of the separation of powers
is Fundamental. The legislature has no judicial or executive
authority to delegate.
"All political power is inherent in the people, and all free
governments are founded on their authority, ..."
Connecticut Constitution, Art.1 Sec. 2.
"Legislatures cannot confer judicial powers or functions." Nickle
v. School Board, 6 N.W.2nd 566, 571 (1953); George v.State, 55
So.2nd, 116. (1953)
18. The only lawful delegation of governmental authority in
America is from the people only. It cannot be derived from the
creditors of a bankruptcy. However, through the use of the
legislative power, these foreign principals have modified and
created executive and judicial functions of government,
particularly with the judicial branch. The judicial function has
failed to be an obstacle to legislative corruption and usurpation.
We thus find new courts (not authorized by the people in the
constitution) have been established by legislatures -- tax
courts, police courts, courts of appeals, traffic courts, etc.
These courts were "created" by the legislature in violation of the
doctrine of the separation of powers and are subject to the
legislature, and were not "created" by the people in the
constitution. The exercise of the checks and balances the framers
built into the constitution are not being observed.
19. The legislative power has been used to create a myriad of
boards, commissions, agencies, bureaus and departments, and
services, which are given legislative, judicial, and executive
powers and operate as regular government offices. This clandestine
usurpation of political power, which is sometimes called
"Administrative Law," forms a new de facto government.
"The term 'administrative law' is of comparatively recent origin
and is not one of the traditionally recognized parts of the common
law" 73 C.J.S.355.
"A de facto government exists after it has expelled the regularly
constituted authorities from the seats of power and the public
offices, and established its own functionaries in their places, so
as to represent in fact the sovereignty of the nation." Samuel
Thomas, Sheriff v. Wm. Taylor, 42 Miss. 651, 703 (1869); Keppel
v. Petersburg R. Co., 14 Fed. Cas. 357, 370, Case No. 7,722 (1868)
"A government de facto ... is a government that unlawfully gets
the possession and control of the rightful legal government ...
and claims to exercise the powers thereof." Williams v. Bruffy, 96
U.S. 176, 185 (1877)
20. The creditors of the contrived bankruptcy are the forces
that manipulate Congress and State legislatures and have
effectually established their own government -- legislative,
executive, and judicial -- which has taken the place of the lawful
or regular government established by the people.
21. With the Declaration of Independence, the people declared
that all government over them is at an end, and none can ever
exist except established by the people --- "deriving their just
powers from the Consent of the Governed."
It is a maxim of law that "a thing invalid from the beginning
cannot be made valid by a subsequent act."
"[T]he Federal government ... as a creature of that compact (the
constitution), must be bound by it to its creators, the several
States in the Union, and the citizens thereof. Having no existence
but under the constitution, nor any rights but such as that
instrument confers."
Joseph Story, Commentaries on the Constitution, v. i., 318.
13. Emergency powers can only be exercised for the sole and exclusive
purpose of preserving civil government. To switch to a pagan or
stoic system of ethics and therefore law "... tends manifestly to
the dissolution of civil government." and, "... strikes at the
root of Christianity."
14. As a Christian, Created by, and accountable to, God Almighty,
I am subject to the jurisdiction thereof. I am not a person
"created" by statute and subject to the jurisdiction thereof. I
cannot, in good faith and conscience, participate in a fraud that
"... tends manifestly to the dissolution of civil government,"
and that "... strikes at the root of Christianity..." When the men
in government become lawbreakers and practice deception, they act
of their own accord and cease to represent the people of this
State.
