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An article by Walter Kenaston who delves into the question I have, is the driver license federal in nature? The original piece is here. Is the Driver License now strictly Federal? by Walter Kenaston “The Florida State Railroad and Public Utilities Commission does not have power to fix intrastate rates to be charged by common carriers […]
This is a piece I found during my research that is fairly detailed and primarily deals with Florida traffic law. However, since I believe the application of all traffic law is federal in nature, I felt it relevant to include this page as part of my research. The original site is here, but due to hosting packages expiring or research waning, I wanted to capture and repost.
except that until July 1, 1970, sections 502, 506, 507, and
508 of title 23, United States Code, as added by this Act, shall be applicable to a State only to
the extent that such State is, able under its laws to comply with such sections. Except as otherwise
provided in subsection (b) of this section, after July 1, 1970, such sections shall be completely
applicable to all States. Section 133 of title 23, United States Code,
shall not apply to any State if sections 502, 505, 506, 507, and 508 of title 23, United States
Code, are applicable in that State, and effective July 1, 1970, such section 133 is repealed.
”(b) In the case of any State (1) which is required to amend its constitution to comply with
sections 502, 505, 506, 507, and 508 of title 23, United States Code, and (2) which cannot submit
the required constitutional amendment for ratification prior to July 1, 1970, the date of July 1,
1970, contained in subsection (a) of this section shall be extended to July 1, 1972.”
Police work is often lionized by jurists and scholars who claim to employ “textualist” and “originalist” methods of constitutional interpretation. Yet professional police were unknown to the United States in 1789, and first appeared in America almost a half-century after the Constitution’s ratification. The Framers contemplated law enforcement as the duty of mostly private citizens, along with a few constables and sheriffs who could be called upon when necessary. This article marshals extensive historical and legal evidence to show that modern policing is in many ways inconsistent with the original intent of America’s founding documents. The author argues that the growth of modern policing has substantially empowered the state in a way the Framers would regard as abhorrent to their foremost principles.
On June 25, 2011, I received an Order from Judge Babka which was entered on June 20, 2011, in response to my Memorandum and essentially dismissing the case. Footnote 7 In his Order, Babka does not address any of the issues presented aside from the holding in Lindquist as being a case from 1937, which he said was still good law, and attempting to distinguish that holding with one from People Ex Rel. Daley v. Moran, 94Ill. 2d 41, 445N.E. 2d, 67, Ill. Dec 790. Footnote 8 I contend that the Daley case is not on point for purposes of my argument. I do aver, in my Memorandum, that the State’s Attorney has sole discretion in whether to prosecute, but prosecution and arrest are two different matters.
This article will deal with Constitutional issues as well as statutory requirements and appellate court opinions on the subject. I think you will find that if you have been charged with a traffic or misdemeanor offense, maybe even a felony, you have not been lawfully charged with an offense and have voluntarily appeared to answer for non-existent charges.
To be clear, The Yard Sale Permit has nothing to do with the “Business License Ordinance” as the gentleman stated in his inquiry to the City, and the City was correct in their response to the same question. The yard sale ordinance actually comes under Business License and Regulation. What is commonly referred to as the Business License Ordinance is the Business Registration Ordinance. The Business License Ordinance is what I refused to submit to as working out of my home. That story is here.
There is much ado, particularly where I live in St. Clair County, about budget shortfalls and the resulting lay-offs of police. The media is commenting on possible “safety” issues and residents express concern over lack of protection. In reality, there is no protection by police. That is not their job. If it were, then there would be some remedy at law for their failing to protect anyone. People have made such a claim in the past and the courts have opined on the fallacious belief that police are for anyone’s protection.
He said, first of all, the marriage license is Secular Contract between the parties and the State. The State is the principal party in that Secular Contract. The husband and wife are secondary or inferior parties. The Secular Contract is a three– way contract between the State, as Principal, and the husband and wife as the other two legs of the Contract.
Possessing the Permit gives them additional authority to violate many aspects of the 4th Amendment because you have essentially given them permission when you applied for and received the permit. The best advice is, if you cherish your privacy and 4th Amendment protection, is to not apply for the permit and stand your ground in court.
As a matter of course, criminal charges of any type either felony or misdemeanor are initiated by the State’s Attorney or grand jury in our case management system. Since the documents you filed with my office were not filed by either entity, and because some record was required, those filings were assigned case number 10-MR-212.
What do you do when you when you wish to have someone charged with an offense but are reluctant to call the police, or have called the police and they refuse to act? Often times, the police will begin an inquiry or investigation into the person bringing the complaint as well. The more charges they can bring the better. So, in order to protect your privacy from the police you instead choose to bring charges on your own.
“Person means any natural person; firm; joint venture, including all participants; partnership, including all partners; association, social club, or fraternal organization, including all officers and directors; corporation, including all officers, directors and significant stockholders; estate; trust; business trust; receiver; or any other group or combination acting as a unit.”
Your Right of Defense Against Unlawful Arrest These are not my words. These are the words uttered by the courts within the United States and other States. I am not advocating violence or promoting the unjust taking of life. As a matter of fact, I am morally opposed to any taking of life. However, in the […]
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