Friday, July 23, 2010

July 19th, another North-Carolina republic Citizen Denied Due Process in the de facto of Court of Mecklenburg County

Christopher Pierce, Citizen North-Carolina American Republic, was denied Due Process by District Court Judge Thomas F. Moore, County of Mecklenburg District Court on Monday July 19. The Assistant District Attorneys (who are unlisted on the docket) stood by offering no protection, allowing the rights of one of the People to be trampled upon. The territorial jurisdiction of the STATE OF NORTH CAROLINA was challenged based upon the unconstitutionality of the creation of the said state June 30th, 1868 by the Reconstruction Acts of Congress and General Order 120, General Canby, Second Military District, Charleston, S.C.

The jurisdictional challenge was ignored by Thomas F. Moore,and the State established nothing on the record showing jurisdiction in contradiction to the challenge. Arraignment and sentencing where carried out, without jurisdiction ever being properly established. In an attempt to establish the Chilling Effect Doctrine Thomas F. Moore, after denying due process, asked Christopher Pierce if he would like to appeal the decision, Christopher Pierce verbally appealed at that time and Thomas F. Moore placed a $500 secured bond on Mr. Pierce and had him arrested for the grievous crime of no valid vehicle registration.

This is our 'Justice System': exploit the poor, suppress the truth, and Chill* anyone, present or future, who asserts their rights fought for by the Fathers of 1776.

Here is an interview with Christopher:
http://www.youtube.com/watch?v=euXWhPLna5Q



*Chilling effect doctrine. In constitutional law, any law
or practice which has the effect of seriously discouraging
the exercise of a constitutional right, e.g. the right of
appeal. North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct.
2072, 23 L.Ed.2d 656.The deterrent effect of governmental
action that falls short of a direct prohibition
against the exercise of First Amendment rights. To
constitute an impermissible chilling effect the constrictive
impact must arise from the present or future exercise
or threatened exercise of coercive power. Reporters
Comm. for Freedom of the Press v. American Telephone
& Telegraph Co. et aI., C.A.D.C., 593 F.2d 1030, 1052;
Sec. of State of Md. v. Joseph H. Munson Co., 467 U.S.
947, 104 S.Ct. 2389, 2847, 81 L.Ed.2d 786.Black's Law 6th Edition

Monday, July 12, 2010

Arrested and in de facto court

I was arrested back in March for implied consent DUI and for not burning headlamps. I am accountable for my actions, however there where no injured parties and I was not drunk, I simply refused to participate in their de facto investigation. I have been to court 3 times and each time due process of law was denied to me by the court and the state, who's territorial and personal jurisdiction I am challenging. The STATE OF NORTH CAROLINA was created by the Reconstruction Act of 1868 and put into force and effect by General Order # 120 (email me if you want a scanned copy from the archives).

“...An unconstitutional act is not a law. It confers no rights. It imposes no duties. It affords no protection. It creates no office. It is in legal contemplation as inoperative as though it had never been passed. Therefore an unconstitutional act purporting to create an office gives no validity to the acts of a person acting under color of its authority...” Norton v. Shelby County, 6 S.Ct. 1121

The creation of this new state is in violation of Art. IV § 3 of the Constitution for the United States of America:
“New States may be admitted by Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State…”

Reconstruction created a new body politic; a national citizenship, the current or de facto state government has jurisdiction over United States citizens residing within the terriroial boundaries of North-Carolina, 14th Amendment national citizens, not State citizens, not lawful men and women domiciled within the boundaries of the North-Carolina republic; in actuality it has no office or authority at all it is all colorable, a fiction, a phantom of law because the 14th Amendment was put into place by the unconstitutionally Reconstruction Acts. For THE STATE OF NORTH CAROLINA (de facto) to continue on its current course, as so far demonstrated in their courts, is nothing more than maintaining the overthrow of law and usurpation. It is for the purpose of denying me my political rights as one of the 'People' and the 'Posterity'.

I realize the jurisdictional challenge may be putting the officers of the court in a very bad position, their actions so far are in violation of Art. III § 3 cl. 1 states, “Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid, and Comfort…”, and the penalty for treason is quite serious. My intention is not to see anyone executed but to have peace, to have my birthright returned to me, however. I have the unalienable right to participate in lawful, provable government, I have a right to my inheritance. I have a duty to give my political allegiance to lawful government, and to protect that which was transmitted by the Fathers of 1776. I am obligated to defend the Constitution for the United States of America and the Constitution of North-Carolina, December 18, 1776 in their organic form; before they where usurped with military force, shameful violence, and despotic principles.

The truth must be shouted from the mountain top and those that ignore what has happened, though they have heard and seen the truth of it, their guilt will rest upon their own heads. By inaction future generations are given over to despotism and lofty thoughts of tyranny.

The next day of court is September 27, 2010, COUNTY OF MACON

http://www1.aoc.state.nc.us/www/calendars.Offense.do?submit=submit&case=5502010050329&court=CRS&defendant=BIRCH,ISAAC,HUTCHINSON&courtDate=09/27/2010&county=MACON&session=AM&courtRoom=000A

We will see if they continue to ignore due process by not answering the jurisdictional challenge on the record.