|INSTRUCTIONS FOR USE OF THE NOTICE OF ACCEPTANCE OF CONSTITUTIONS AND OF OATH OF OFFICE|
The following is information and instructions, not legal advice, for your use and not to be given to the public servant along with the 'Notice". If you do not read these instructions at least five times and fully comprehend the proper use of the 'Notice" then do not use it! Not wise to do something legal that you are not familiar with.
Welcome to the world of fiction! The United States government and the state government and all of their agencies and subdivisions such as the city, county, boroughs and townships and banks are corporations. SEE, Corpus Juris Secundum (CJS) heading for "government." All corporations are fictions or artificial persons created under the authority of the law (SEE, Black's Law Dictionary, "corporations"), and all such corporate fictions are established by a set of rules called by-laws. Public (government) corporations use the term constitution as the name of their by-laws, which are nothing more than an offer to the people of the forum the government intends to use to govern. (Notice that their constitutions are generally amended internally as opposed to genuine government constitutions which are externally amended.) If you will recall the history of the formation of the United States government, its by-laws, the Constitution and amendments thereto were offered to the whole world, but only officially accepted and ratified by representatives of the state corporation governments thus binding both corporate governments in a contract. The American private sector, although included within the offer, were never given the offer to officially vote for or against nor to make an official acceptance or rejection. Thus, no contract involving private Americans as a party to the Constitution exists. A contract, in the modern sense of the word, has been defined as an agreement containing a promise enforceable in law. The term "agreement" implies that there are at least two parties involved, since one party cannot agree to a proposition unless it is made to him by another party. The term further implies that one party proposed a promise or offer to which the other party agreed or accepted. Thus, an agreement is the result of an offer by one party and an acceptance by the other party which creates a binding contract.
A study of the law of contracts should be done by acquiring a copy of the law text book called Farnsworth on Contracts, ©2004 by E. Allan Farnsworth, Third Edition, Aspen Publishers, ISBN: 0-7355-4605-3 (Vol. 1). This book is the most comprehensive work on the relation between the law of contracts and the Uniform Commercial Code (UCC), but for now, the important part is the explanation of offer and acceptance at Section 3.3 on pages 112 and 113. It explains that the offeror may withdraw the offer anytime until the one it is offered to formally accepts the offer and then and only then does it become a binding contract. (Re-read this till you get it!) If you've been to court over any kind of issue, you have already seen that the Constitution is non-existent. A judge will tell you that Constitution doesn't mean anything in his/her court. The judge may even threaten you with a charge of 'contempt of court' when you even mention the Constitution. A Attorney/lawyer will tell you that they don't use the Constitution and the same is said by tax collectors and police officers. Well, they are just withdrawing the offer to you [the American private people] simply because you, we, the private sector, have never formally "accepted" their offer. Whether the offer is the United States Constitution or the Constitution of the state government corporation (a/k/a, "...this state") near where we live our private lives. Nor has the private sector ever formally accepted the oath of any government worker to uphold and defend the Constitution, which is required by the law [their law] upon taking office. It appears to be a "MUST" that we formally accept the constitutions as well as the oath of office of any public servant, i.e. government worker, that we may be forced to do business within their official capacity.
To look at it in another way -- Consider that the public official is often referred to as "Honorable", i.e.: the Honorable Judge Johne Doe. If one thinks about this for a moment and considers that perhaps 'we' have been looking at this in a way that has not been to our benefit. If one is referred to as being 'honorable' may it not mean that it is up to someone (like you and me) to honor them and should we choose not to honor their offer of contract then why should they honor us? When we choose to honor someone's offering do we not become the customer? And, is not the customer, "King"?
The major reasoning behind the concept of a Notice of Acceptance of the Constitutions and of Oath of Office is the protection afforded by the constitutions of the private sector's personal liberty and private property. In the history of the world there has never been a better form of government other than what the constitutions provide for us here in North America. We might add that never throughout the history of the world has there ever been such corruption of the purpose of a government by a small group of greedy, self-serving people misusing the power of office as we have experienced here in North America. Our private property has been taken by forced registration and recordation into [corporate] government records, which casts upon the private sector an onslaught of [corporate] government regulations and taxation. If the state government or any of its political subdivisions caused to be registered or recorded anyone's private property and then invokes its powers to regulate and tax the private property of one of the private sector, such action is a violation of the due process clause of the Fourteenth Amendment . . ."nor shall any state deprive any person of life, liberty, or property, without due process of the law."
But wait -- we are a party to the alleged constitution(s) - are we? What is the purpose of a [or any] constitution? Answer: to serve as a operations manual, operational guidelines, binds for those who choose to be "Public Servants." Remember your sovereign status - your consumer status - and unless [emphasis on "unless"] you have opted into being subject to something the something doesn't have [legitimate] control over you. "Contracts make the law - all law is contract." Consider the 13th Amendment.
And here is the secret decoding - it really doesn't matter what Constitution we're talking about -- the question to whomever -AFTER- duly [look up, "duly"] accepting their alleged constitution and oath ["to preserve, protect, and defend ... so help me God"] is: "Is there something by or through your alleged Constitution that compels My performance?" -- If yes, "...then please enter it into the record of this matter." If no, "...then what am I doing here? Is there some manner of contract that is controlling?" Can they show that you knowingly, willingly and voluntarily after full disclosure signed on to something that bears the other party's signature as well? (See, jurisdiction.)
F.Y.I.: Any elected or appointed official or Attorney refusing to honor an acceptance of their Oath is simply impersonating a public official and their alleged [Texas] Penal Code 37.11 Impersonating a Public Servant - 3rd degree felony. One can also see, 18 USC Sec. 912, 01/03/95; EXPCITE: TITLE 18 - CRIMES AND CRIMINAL PROCEDURE, PART I - CRIMES, CHAPTER 43 - FALSE PERSONATION; HEAD: Sec. 912. Officer or employee of the United States. STATUTE: Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both. See this and this for more information.
But anywhere along the way during an offer and acceptance situation there can always be a refusal and a refusal does not constitute a refusal for cause or a dishonor because you can't dishonor an offer, you can only dishonor a demand.
You can't dishonor an offer. You may and you can choose to not honor an offer.
You can refuse an offer, but you can't dishonor it. However, you can dishonor a demand. Once there's an offer and acceptance been made and then one of the parties demands their consideration and you refuse to give it to them, now that's a dishonor.
You can refuse an offer and that's all you can do to it, or accept it. Now, if you accept it, according to the law books, you assume the liability for having accepted the offer. Whatever liability goes along with it, you've accepted it. One should decide whether or not one wants to assume that liability. In some cases you may want to as it may be beneficial to you. Remember that a constitution is a limiting, defining authority device.
(Now go back and re-read that a couple of times until you get just who it was written for.)
- - - CHALLENGE IS NOT ARGUMENT - - -
- - SOVEREIGNS, employers, grantors, principals, MAKE DEMANDS - -
demands are MET or NOT MET
- SUBJECTS, employees, grantees, servants, MAKE REQUESTS -
requests can be either GRANTED or DENIED
Think about it --
(and see, flow chart)
...the issue of sovereignty is very powerful and anybody who is not using it,
is not using their most powerful tool.
The following is a quote from a book called,|
THE CONSTITUTION OF THE UNITED STATES ITS SOURCES AND APPLICATION
by Thomas James Norton, (1941), America's Future, Inc., publisher:
"In the Fifth Amendment the Nation is forbidden to deprive any one 'of life, liberty or property without due process of law'; and here the like command is issued by the people to the State. In the beginning it was National power that was feared. Experience later taught that the power of the State also may be tyrannical. Due process of law means, said the Supreme Court in a late case (1908), that 'no change in ancient procedure can be made which disregards those fundamental principles . . . which . . . protect the citizen in his private right and guard him against the arbitrary action of the government.'
Private property is taken, for public use in opening streets in cities, in constructing railways and canals, in erecting public buildings, in laying out public parks, and for kindred purposes. The owner cannot be deprived of his property for such purposes by the State without due process of law, that is, without a full hearing and adequate compensation."
Public versus Private
The next subject of importance is to learn to distinguish between public and private. The term "public" (adj.) in common meaning is sometimes used to refer to the entire population. In [the] strict legal sense the term "public" only applies to government political and municipal corporations and to no one else. Found in Black's Law Dictionary 6th Edition, page 1195, defining "private" as affecting or belonging to private individuals, as distinct from the public generally, not official; not clothed with office. SEE, People v. Powell, 280 Mich. 699, 274 N. K 372, 373. In other words, if you are not in, or of, any office or government such as public school teacher, administrator, bank personnel at any level, police, fire officials or any type of city, county, state or federal government worker, military, - in other words, subject to the US constitution, then and only then are you a private citizen and a part of the private sector.
In regards to protecting oneself from "abusive" public servants: check out the [your] State laws on "stalking" and "exploitation" as well as "neglect to protect" provisions in State law [upholding and enforcing the law by parties under Oath of Office] as well as Title 18 USC §1621 concerning the "neglect to protect" by persons under Oath, and Title 42 USC § 1986, wherein a person having "knowledge of the law", "the power to stop a wrong" and the "duty to prevent a wrong from being done" is liable for any failure to act. Should they fail to prevent a wrong, having knowledge of the law, the power to prevent, and the legal or moral duty to prevent the wrong, which causes deprivations of your religious and/or civil rights or Liberties, suit can be brought for violations.
"Our safety, our liberty, depends upon preserving the Constitution of the United States as our Fathers made it inviolate. The people of the United States are the rightful masters of both Congress and the Courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution." --Abraham Lincoln
"Bind down the Public officials with the chains of the Constitution" ---Thomas Jefferson
Thought: Jurisdiction can always be challenged on the grounds that the constitution states that ALL matters in LAW and EQUITY must be conducted in an Article III court. If this court is not an Article III court then the accused requests that the matter be transferred to an Article III court or dismissed with prejudice.
Ask the judge if he has taken an oath to uphold and defend the constitution - he has to say yes. If you ask the judge if he intends to conduct his duties in compliance with that oath, what can he possibly say but yes? The judge knows if the court is an Article III court, but he is hoping you will not understand this or how to force him to comply with his oath of office.
Things to consider while pondering Constitutional Law: First, Capitonym
Article 1, Section 8: Powers of Congress: To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the the Law of Nations
Article 6, Section 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
While People Sleep
Cases concerning Constitutional Law
TWO CONCEPTS THAT WILL CHANGE YOUR LIFE FOREVER by Greg Evensen
PRIETO BAIL BONDS v. STATE OF TEXAS, 994 S.W.2d 316
Texas: U.S. District Judge Lee Yeakel says that oath is "legally enforceable"
A Request for Texas Attorney General's Opinion
Texas Attorney General's Opinion
New York State Bar Journal:
Public Officers, Beware!
No Excuses Accepted
Daniel Lee Schinzing:
Statement and Oath of Office... You Don't Say
Actually used items - as examples - NOTICE: Examples applying to/in Texas only.
Copy of Notice delivery to Judge
Certified copy of Notice of constitution and oath acceptance - Judge
Certified copy of Notice of constitution and oath acceptance - County Attorney
Certified copy of Notice of constitution and oath acceptance - District Attorney
Fair Use Transcript - applies anywhere (Hint: print it and use it as is.)
COURT SHALL NOT DENY FOR WANT OF FORM
PUBLIC SERVANT QUESTIONNAIREWhen you look around the web, you'll find a public servant questionnaire, but not like this one. I converted it to a single page so you can get a multi-part NCR form made up at Kinkos, Staples, Office Depot, etc.. Keep some by the door to your house and in your glove compartment to give to [any] law enforcement officers who want to ask you questions. Before answering theirs, I can make them answer mine. You'll find supporting law in 5 U.S.C. 552a. By Bob Hurt
Notice of constitution and oath acceptance ...
as was found in the Travis County Texas Recorder's files.
(The Travis county recorder recently took most county records off-line. See here for details
She claimed for privacy reasons.)
L.A. Law Man Seminar: Martin J. Red Beckman explains the misconceptions of government, democracy, elections, juries, constitution and common law.
"Those who benefit from any societal mechanism rarely wish to understand that mechanism, especially if it appears to grant them authority over their fellow man and understanding that mechanism would limit, diminish, or remove that apparent power of control or authority. They simply do not want to know, because it is far easier to ignorantly control others than it is to wisely control yourself." -- Robert Arthur Menard
Actually used relating items - examples - NOTICE: Examples applying to/in Texas only.
1462 Notice of constitution and oath acceptance - Judge
1462 Judicial Notice regarding foreign flag.
1462 Motion to demand Court read all pleadings
1462 Motion to claim and exercise Constitutional Rights
Officers and employees acting as agents of foreign principal 18 USC § 219
Here is an idea to obtain a bit of evidence that one may use should one choose to use the Judicial Notice regarding foreign flag. Visit your local U.S. Congressperson and inquire if he or she has copy of a booklet titled, "OUR FLAG" for you. It is 9" X 6" in size with 48 pages and a red, white & blue cover. Ask you congressperson to sign it for you. Now you have a very nice piece of evidence that you can introduce as an offer of proof to substantiate the Judicial Notice. "Hey, My Congressman signed it - it must be valid." (You can also visit your Senator for the same item.)
Stay tuned - more to come! Send us yours and we may post it.
On the federal level...
Oaths of Office for Federal Judges
Title 5 U.S.C. §
Title 5 Government Organization and Employees
The Oath of Office
A Historical Guide to Moral Leadership
Interesting side notes and related items...
WHO WANTS TO TAKE AN OATH?
BLACK’S LAW DICTIONARY IS A "Specialty" dictionary.
List of Responses to Constitutional Rogue Officials
What is being shown here is actual used items -- not Intended to be Legal Advise
Interesting video for background information
On Treason: in 42 B.C. Cicero said,|
"A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and he carries his banners openly. But the traitor moves among those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government Itself. For the traitor appears not traitor, he speaks in the accents familiar to his victims and he wears their face and their garments, and he appeals to the baseness that lies deep in the hearts of all men.
He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of a city, he infects the body politic So that it can no longer resist. A murderer is less to be feared."