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.

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