Note:
This document explains the responsibility of Sheriffs. At the
moment none are known to be exercising their responsibility.
Only if and when “we the concerned” are well enough
organized to give Sheriffs the incentive and support they need
can we expect them to honor their oath.
*******************
MANDAMUS TO THE COUNTY SHERIFFS
The County Sheriff is a Constitutional Officer, elected by the People, bound by
oath as guardian of the Peoples’ unalienable rights secured by the Constitution.
The United States Constitution and its capstone Bill of Rights is the “Law of the
Land” and all statutes and state constitutions repugnant to the United States
Constitution are null and void. If the Sheriff is ignorant to the Constitution, “which
is common law,” it would stand to reason that he is in violation of his oath, not
comprehending when judges and politicians violate the common law, and are
thereby technically guilty of treason.
If a politician, judge or prosecutor violates the Constitution it is the duty of the
Sheriffs and Marshals to call the Grand Jury and ask the People for an Indictment.
Prosecutors call the Grand Jury when the state has an issue, but the Peoples’
business is the Sheriffs business and it is his duty to protect the same from those
who would encroach upon their rights.
We are a republican form of government, guaranteed by U. S. Constitution Article
IV Section 47 which means rule by law and in America’s case common law. When
an organization like the BAR advocates the overthrow of the constitution
(common law) they are advocating the overthrow of our Government in violation
under 18 USC §23858
When judges break the law it is the duty of the sheriff to arrest the judge and go
directly to the grand jury for an indictment. It is only in the last fifty or so years
that the Sheriff has been unlawfully told he must first filter the crime through the
BAR taught prosecutors, who work for the state and not the People and almost
always refuse to bring the crime before the grand jury when a state official is
involved. This is “EXACTLY WHY” America is in a Constitutional crisis. If we can
educate the Sheriff "We the People" working with the Sheriff can save America.
in the 1992 case US v Williams, Justice Anton Scalia, writing for the majority,
made clear the Law when he said: “Because the grand jury is an institution
separate from the courts, over whose functioning the courts do not preside, we
think it clear that, as a general matter at least, no such supervisory judicial
authority exists, and that the disclosure rule applied here exceeded the Tenth
Circuit's authority. Rooted in long centuries of Anglo-American history, the grand
jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It
has not been textually assigned, therefore, to any of the branches described in
the first three Articles. It is a constitutional fixture in its own right. In fact the
whole theory of its function is that it belongs to no branch of the institutional
government, serving as a kind of buffer or referee between the Government and
the people. Although the grand jury normally operates, of course, in the
courthouse and under judicial auspices, its institutional relationship with the
judicial branch has traditionally been, so to speak, at arm's length. Judges' direct
involvement in the functioning of the grand jury has generally been confined to
the constitutive one of calling the grand jurors together and administering their
oaths of office.
This is the authority by which We the People act and come with a determination
to put that fox back in it’s cage and save America. Now you know, and the
question before you is: are you going to continue feeding that fox, and thereby
participate in their treasonous acts against We the People of the United States of
America, or will you develop a constitutional back-bone through education and
join We the People to bring law and order back into our courts and thereby our
government and save America? Clearly it takes fortitude for a People to step up,
take control and do the right thing, for God, country and your posterity. This is
your duty. This is the moment in time and history that will define your integrity or
your lack thereof. We the People under the Unified United States Common Law
Grand Jury have tolerated your inaction because, like us, we were once ignorant
of the truth.
The US Constitution is a common law document which in turn demands
obedience to the common law. Article VI Paragraph of the U. S. Constitution
reads: “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 185 States, shall be the supreme law of the land; and the
judges in every state shall be bound thereby, anything in the Constitution or laws
of any State to the contrary notwithstanding.” Therefore when there is a conflict
between the law and statutes, the Constitution must prevail because statutes are
not law unless We the People gave the legislators authority to write such law
through the Constitution.
Bailiffs “must be sheriff’s deputies” trained to understand their duties. They must
be approachable by the People in order to report constitutional violations in the
court house. They must have the fortitude to remove a judge from the bench
when judges violate Peoples unalienable rights. Unalienable rights are given by
God and cannot be trumped by legislators.
"The general rule is that an unconstitutional statute, though having the form and
name of law, is in reality no law, but is wholly void and ineffective for any
purpose, since its unconstitutionality dates from the time of its enactment... In
legal contemplation, it is as inoperative as if it had never been passed... Since an
unconstitutional law is void, the general principles follow that it imposes no
duties, confers no right, creates no office, bestows no power or authority on
anyone, affords no protection and justifies no acts performed under it... A void act
cannot be legally consistent with a valid one. An unconstitutional law cannot
operate to supersede any existing law.
Indeed insofar as a statute runs counter to the fundamental law of the land, (the
Constitution) it is superseded thereby. No one is bound to obey an
unconstitutional law and no courts are bound to enforce it." -- Bonnett v. Vallier,
116 N. W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U. S. 425
(1886) "…every man is independent of all laws, except those prescribed by nature.
He is not bound by any institutions formed by his fellowman without his consent."
-- Cruden v. 230 Neale, 2 N.C. 338 (1796) 2 S.E. "Under our system of government
upon the individuality and intelligence of the citizen, the state does not claim to
control him/her, except as his/her conduct to others, leaving him/her the sole
judge as to all that affects himself/herself." -- Mugler v. Kansas 123 U. S. 623, 659-
60. 235 "Statutes that violate the plain and obvious principles of common right
and common reason are null and void." -- Bennett v. Boggs, 1 Baldw 60
U. S. Constitution Article III Section 2: The judicial power shall extend to all cases,
in law and equity, arising under this Constitution, the laws of the United States,
and treaties made, or which shall be made, under their authority; (a) COURTS OF
EQUITY - These courts are the Jurisdiction where Judges hear and decide
commercial/contract cases and other disputes whereas there exist only one jurist
called the judge who is bound by the aforesaid Article VI law of the land. Equity
court cases can be appealed to higher courts. (b) COURTS OF LAW - These courts
are the Jurisdiction where juries (tribunal) hear and decide “ALL” criminal cases
and commercial cases and other disputes, if so demanded by one of the parties;
all 255 criminal courts are called courts of record which proceed under common
law. In a trial by jury, the judge is to act as administrator and can make “NO
RULINGS”; if he does make a ruling, he acts under the color of law which is a
crime; under the constitution this is called bad behavior such a judge should be
removed from the bench by the bailiff immediately and brought before the Grand
Jury for indictment;
"For a crime to exist, there must be an injured party. There can be no sanction or
penalty imposed upon one because of this exercise of Constitutional rights."-
Sherar v. Cullen, 481 F. 945.
There must be an indictment by an unfettered (not controlled by judge or
prosecutor) Grand Jury. If there is no indictment a person cannot be “held” to
answer: U. S. Constitution Amendment V; No person shall be held to answer for a
capital, or otherwise infamous crime, [a crime that requires a prison sentence]
unless on a presentment or indictment of a Grand Jury; 3) All decisions in a court
of record are by the jury alone called a tribunal without any interference from a
judge; - Definition of a court of record is “A judicial tribunal having attributes and
exercising functions independently of the person of the magistrate [judge]
designated generally to hold it Proceeding according to the course of common
law. Its acts and judicial proceedings are enrolled, or
In the United States habeas corpus exists in two forms: common law and
statutory. The Constitution for the United States of America acknowledges the
Peoples’ right to the common law of England as it was in 1789. What is that
common law? It does not consist of absolute, fixed and inflexible rules, but broad
and comprehensive principles based on justice, reason, and common sense....
habeas corpus is a case in law, i.e., proceeding according to the common law in a
court of record therefore it is the Grand Jury as arbiter that shall be enforcer of
the law whereas we read: “If any of our civil servants shall have transgressed
against any of the people in any respect and they shall ask us to cause that error
to be amended without delay, or shall have broken some one of the articles of
peace or security, and their transgression shall have been shown to four Jurors of
the aforesaid twenty five and if those four Jurors are unable to settle the
transgression they shall come to the twenty-five, showing to the Grand Jury the
error which shall be enforced by the law of the land.” MAGNA CARTA, JUNE 15,
A.D. 1215, 61. When a judge enforces acts beyond his authority under color of
law, judicial immunity is lost. If we can educate the Sheriff We the People working
with the Sheriff can save America.
Unalienable rights are given by God and cannot be trumped by legislators.
2) There must be an indictment by an unfettered (not controlled by judge or
prosecutor) Grand Jury. If there is no indictment a person cannot be “held” to
answer:
In the United States habeas corpus exists in two forms: common law and
statutory. The Constitution for the United States of America acknowledges the
Peoples’ right to the common law of 315 England as it was in 1789. What is that
common law? It does not consist of absolute, fixed and inflexible rules, but broad
and comprehensive principles based on justice, reason, and common
In the United States habeas corpus exists in two forms: common law and
statutory. The Constitution for the United States of America acknowledges the
Peoples’ right to the common law of 315 England as it was in 1789. What is that
common law? It does not consist of absolute, fixed and inflexible rules, but broad
and comprehensive principles based on justice, reason, and common
The People retain all rights of sovereignty at all times.28 350 The exercise of
sovereignty by the People is further clarified when one considers that the
Constitutional government agencies have no genuine sovereign power of their
own, but must rely upon such authority as is granted by the People.
The courts operate under the rules of chancery and not the rules of common law.
Our founding fathers rejected chancery and did not include it in the Constitution
and it is in direct conflict with common law
Our elected servants are out of control, and America is operating under fiction of
law. It is the duty of the Sheriff, working with the People if necessary, to protect
the unalienable rights of the People by simply enforcing the aforesaid laws and
only then will America run on the Law again. Thomas Jefferson said: If a nation
expects to be ignorant and free it is expecting something that cannot be.
ONLY WE THE PEOPLE CAN SAVE AMERICA! And it is the Sheriffs duty to lawfully
protect and serve the People. Only when We the People rise up to stand against
tyrants in our government will we be able to return to our former state under
common law; and in order to accomplish that all of us must first be educated in
the law. This has been the challenge of this body, we are a national movement
with a presence in every state with the desire of returning justice back into our
courts and this is now your challenge if we are going to save America or lose it to
fascism. "Educate and inform the whole mass of the people... They are the only
sure reliance for the preservation of our liberty." -- Thomas Jefferson "I know no
safe depositary of the ultimate powers of the society but the people themselves;
and if we think them not enlightened enough to exercise their control with a
wholesome discretion, the remedy is not to take it from them, but to inform their
discretion by education. This is the true corrective of abuses of constitutional
power." -- Thomas Jefferson "An enlightened citizenry is indispensable for the
proper functioning of a republic. Selfgovernment is not possible unless the
citizens are educated sufficiently to enable them to exercise oversight. It is
therefore imperative that the nation see to it that a suitable education be
provided for all its citizens." -- Thomas Jefferson
Justice Antonin Scalia “The grand jury is mentioned in the Bill of Rights, but not in
the body of the Constitution. It has not been textually assigned, therefore, to any
of the branches described in the first three Articles. “It is a constitutional fixture in
its own right. In fact the whole theory of its 485 function is that it belongs to no
branch of the institutional government, serving as a kind of buffer or referee
between the Government and the people. The common law of the Fifth
Amendment demands a traditional functioning grand jury”… “It is in effect a
fourth branch of government governed and administered to directly by and on
behalf of the American people, and its authority emanates from the Bill of
Rights”. “The grand jury requires no authorization from its constituting court to
initiate an investigation,33 490 And in its day-to-day functioning, the grand jury
generally operates without the interference of a presiding judge,34 and
deliberates in total secrecy,35 We have insisted that the grand jury remain "free
to pursue its investigations unhindered by external influence or supervision so
long as it does not trench upon the legitimate rights of any witness called before
it.36 495 Recognizing this tradition of independence, we have said that the Fifth
Amendment's "constitutional guarantee presupposes an investigative body
'acting independently of either prosecuting attorney or judge.” United States -v-
Williams
The governments of the United States belong to We the People and not these
tyrants that fleece us daily in our own courts, of which that they seized control of.
All federal and state courts are courts of record. If declared in a State Constitution
county courts are courts of record and proceed according to the common law.
Any attempt by Congress or the Executive to use military forces, foreign or
domestic, against the People to bring them under martial law is an act of treason,
war against the People
Any attempt by Congress or the Executive to use military forces, foreign or
domestic, against the People to bring them under martial law is an act of treason,
war against the People. The American Sheriffs must educate themselves of the
aforesaid duties and work with the awakened People across America to enforce
the law with arrests and indictments. Only then can we save America from the
tyrants that are destroying our American way of life replacing law with fiction.
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