Mars Ipan
GENERAL CASE LAW ON JURISDICTION
“Jurisdiction can be challenged at any time.” Basso v. Utah Power & Light Co., 495 F 2nd 906 at 910.
“It is axiomatic that the prosecution must always prove territorial
jurisdiction over a crime in order to sustain a conviction therefor.”
U.S. v. Benson, 495 F.2d, at 481 (5th Cir., 1974).
“The law provides that once State and Federal Jurisdiction has been
challenged, it must be proven.” Main v. Thiboutot, 100 S. Ct. 2502
(1980).
“Where there is absence of proof of jurisdiction, all administrative
and judicial proceedings are a nullity, and confer no right, offer no
protection, and afford no justification, and may be rejected upon direct
collateral attack.” Thompson v Tolmie, 2 Pet. 157, 7 L. Ed. 381; and
Griffith v. Frazier, 8 Cr. 9, 3 L. Ed. 471.
“The United States is entirely a creature of the Federal
Constitution, its power and authority has no other source and it can
only act in accordance with all the limitations imposed by the
Constitution.” Reid v. Covert, 354 U.S. 1, 1 L. Ed. 2nd. 1148 (1957).
“The rights and liberties of the citizens of the United States are
not protected by custom and tradition alone, they are preserved from the
encroachments of government by express/enumerated provisions of the
Federal Constitution.” Reid v. Covert, 354 U.S. 1, 1 L. Ed. 2nd. 1148
(1957).
“The prohibitions of the Federal Constitution are designed to apply
to all branches of the national government and cannot be nullified by
the executive or by the executive and the senate combined.” Reid v.
Covert, 354 U.S. 1, 1 L. Ed. 2nd. 1148 (1957).
“Where rights as secured by the Constitution are involved, there can
be no rule making or legislation which will abrogate them.” Miranda v.
Ariz., 384 U.S. 436 at 491 (1966).
“Congress may not, by any definition it may adopt, conclude the matter, since
“Citizens may resist unlawful arrest to the point of taking an
arresting officer’s life if necessary.” Plummer v. State, 136 Ind. 306.
United states of America Constitution Article 1 section 9 No Bill of
Attainder or EX POST FACTO Law shall be passed. 2nd Amendment; shall NOT
be infringed!
They took an oath to uphold and preserve the constitution.. Perjury of oath is a FELONY! 18 U.S. Code § 1001
Brookfield Construction Co. v. Stewart, 284 F.Supp 94: “An officer
who acts in violation of the Constitution ceases to represent the
government.”
in Eisner v. Macomber, 252 U.S. 189 (1920), to wit:
Congress … cannot by legislation alter the Constitution, from which
alone it derives its power to legislate, and within whose limitations
alone that power can be lawfully exercised.
U.S. v Mersky (1960) 361 U.S. 431 a statute that regulates without
constitutional authority is a nullity even though it be published in the
books, recognized by the police and lowers courts, and even though it
be unchallenged for decades.
The Legislature, either by amending or otherwise, may not nullify a
constitutional provision Rost v. Municipal Court of Southern Judicial
District of San Mateo (1960)
“Every person (this includes EVERY government official) who under
color of law, deprives any citizen of rights, privileges, or immunities
secured by the United States Constitution is subject to civil and/or
criminal penalties pursuant to Title 18, United States Code, Section 241
and 242. Penalties include up to $10,000 fine and/or 10 years to life
imprisonment, or both, if death results.”