The Anti-Government Movement Guidebook

TRY THE LAW

The scene is a somber federal courtroom. The lengthy trial on a charge of weapons possession has just ended.

"Ladies and Gentlemen of the jury, the testimony has now concluded. We will take the time to determine the innocence or guilt of Mr. John Watkins.

"You have heard all the testimony from the prosecution and defense attorneys. You will soon retire to the jury room for your deliberations. All the evidence presented at this trial will be there with you for your examination and use in reaching a verdict.

"During your deliberations, I charge you with determining the facts presented in this litigation and the facts only. I will now instruct you on the law concerning this case and under which Mr. Watkins has been tried."

"If you have any questions during your deliberations concerning what I am about to instruct you, please make a written request to the Court. Cite what you do not understand. The Bailiff will bring your question into the Court and I will answer it."

Now, in a usual monotonous voice, the judge will read his interpretation of the laws involved. If you can stay awake and understand a small part of what 'His Honor" is saying consider yourself fortunate.

This whole setup is called 'Judicial Supremacy'. They purposely constructed court rooms so the judge sits higher than everyone else. That forces you to look up to him. He lords it over everyone that he is only the person who has any say-so on the law.

This is a lie... a real legal fairy tale. The reason for a jury has been turned upside down. In past years it bears no similarity to the true purpose of your duty as a juror.

Your obligation is not only to determine the innocence or guilt of the accused; it is also to examine the law!

Let's get back to basics and define a law. The supremacy clause of our Constitution is explicit when it says it and only laws made following its power and restrictions are the supreme law of the land.

The key words are laws made following the power in the document. If they pass a law beyond the permission we granted, then what? It would NOT conform to the document and is no law. And how would you know?

The first requirement is that you know something about our Constitution. Without this knowledge, these legal eagles will continue to make monkeys of you. It would be ridiculous to memorize the document and no one expects that. Nevertheless, the purpose of the jury is to safeguard other citizens from an overzealous government. You should know where to look to see if they have the authority to pass the law under which they are accusing the person on trial.

There are only four crimes listed in our Constitution. These are:

1. Counterfeiting of securities and current coins, (Art I, Sec 8)

2. Piracies and felonies committed on the high seas, (Art I, Sec 8)

3. Treason against the United States (Art III, Sec 3)

4. Offenses against the law of nations (Art I, Sec 8)

That's it! We gave NO power to Congress beyond these four to define a crime. Sounds weird... but it's true. In 1821, Chief Justice John Marshall, of the United States Supreme Court stated in an opinion, "Congress has a right to punish murder in a fort, or other place within its exclusive jurisdiction; but no general right to punish murder committed within any of the States." Further, he added, "It is clear, that Congress cannot punish felonies generally;" (Cohen v Virginia, 4 Wheat (US) 264) (1821).

Unless you are a juror in a case (federal) charging someone with a violation of one of the four listed crimes, there is no criminal law. And you cannot judge the persons' innocence or guilt. You have no right to convict.

That's a heavy statement. Let's see if it's true ...

The determination of crimes and criminal acts were designated as state functions. They are still state functions today and of no concern to the federal government. This is verified by the instructions in Art IV, Sec 2, clause 2.

We have established repeatedly that our Constitution is the supreme law of the land. Nowhere have we given Congress the power to determine any act by a citizen to be a crime. The document is full of 'thou shalt nots' directed at the government. The consensus of some of our Founding Fathers was that the powers given, limited as they are, were much too dangerous.

The Tenth Amendment restates the 'thou shalt nots'.. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the People." It is an absolute bar to the federates assuming any power we did not grant to them.

For the sake of illustration, this trial was about the possession of weapons. The Second Amendment prohibits the Congress from passing ANY law which will infringe on the right to keep and bear arms. And here the 'justice' dept is after someone for possession of weapons? It's no good. The law is a myth.

Hamilton makes it clear in Paper No. 83 that the 'thou shalt nots' are there. Their powers are specific and limited. These specific powers preclude all assumption of a general legislative authority. Being specific, it would be absurd as well as useless if a general authority was intended. (As before, all references to 'paper no.' are from The Federalist Papers.) Where can Congress find the right to assume power to define crimes if the permission were not specifically granted by us?

For the past hundred or more years. Congress has been busy writing all sorts of laws for which we gave no permission. The worse period for illegal and bad laws was during the period of the 1930's. This was when the exercise of control over the American people went wild. This is one reason why the purpose of the jury is so important today.

The people who work for the government have a job as a result of our Constitution. If it were not that we agreed to government, their positions would not exist. There is no other way to look at it. It is our right and our duty to check on what they are doing. This of course includes the laws they are passing.

And what do we check them against? The supremacy clause holds the key. If they do not conform, they are no good — they are not laws. Can't make it any plainer.

Our Fifth Amendment guarantees you and I due process of law. This is an extremely important statement. They cannot take life, liberty or property unless this requirement for due process is followed. Our basic law holds the precedence. If the government does not obey a command of the document, anything that comes as a result does NOT follow due process.

It doesn't take a unanimous jury to say the law is no good. It takes only one knowledgeable person to refuse to convict and the law, for that instance at least, has been neutralized.

This is jury nullification of laws. This was the intent of our jury system from the beginnings of our system of government. The Supreme Court has agreed with that premise. (Georgia v Brailsford, 3 US 1) (1794) There are decisions in law books which show the jury is to try both law and fact. These were many years in our past. The drive by federal judges to establish the judicial branch as the most powerful branch of government has hidden this point. Today the people believe only judges can tell the jury what the law means. Surprised? This is legal fiction... Buffalo chips!

A phrase nearly everyone is familiar with is ignorance of the law is no excuse. What excuse does a judge have for not knowing the law? (Or do you think perhaps he might?)

How about all the lawyers we have in Congress making laws? What about the lawyers in that court room? If this statement has any validity, it applies to everyone.

Now what would you do in a situation like this? Send a note with the bailiff to the judge saying the law is no good so you cannot vote for conviction? This would probably end with you receiving a contempt citation from the judge and off to jail you go without passing go! After all, the man in the black robe has instructed you on the meaning of the law. The alternative is to refuse to convict. No matter what pressure you feel from the other jurors. Knowing the national government has no power to define a criminal act, how can you consider a persons guilt and perhaps ruin someone's life?

Now your duty as a juror becomes paramount. The people who are passing these laws and those who are enforcing them are guilty of breaking the law. We have ordered each person who works for government to swear to God they will support our Constitution. Another command of the document which Congress ignores in many instances. More hanky-panky.

The ease with which they do these unconstitutional practices reflects on us. Sadly, we don't know what the Constitution says. We have paid no attention to what the government has been doing to our rights and with their allotted powers.

The eternal vigilance recommended by Jefferson has gone to sleep. We have not been watching our elected representatives. I assure you these people who exceed their powers know exactly what they're doing. They know good people are reluctant to raise a fuss to make it stop. Those with a lust for greed and power continue on their merry way.

Back to your duty as a juror. By simply resisting the pressure of other members of the jury and refusing to convict, the government will be denied a conviction. No question this is an awkward position to be in. You may feel this person is guilty of something. However, you can't bow to pressure to find a person guilty when we denied the federal government the power to establish the crime.

You can rest assured if the person is a criminal, he will continue his criminal activity and be back in court again. The next time perhaps in a state court and not a federal court.

There has been an assumption in this country that a person is innocent until proven guilty. The attitude in courts today is frightening. Many people feel if the government has gone through all the work and investigation, the person must be guilty. Guilty until proven innocent? That puts the cart before the horse. This position is dangerous to the survival of our Republic and a task which is nearly impossible to overcome in court. Don't let them use you in this manner. That's exactly what they are doing.

Alexander Hamilton made this very point in Paper No. 65: "But juries are frequently influenced by the opinions of judges. They are sometimes induced to find special verdicts, which refer the main question to the decision of the court. Who would be willing to stake his life and his estate on the verdict of a jury acting under the guidance of judges who had predetermined his guilt?"

What about grand juries? The only mention of them is in the Fifth Amendment. This is the first hurdle the government has to overcome to bring a person to trial. It is the obligation of the Grand Jury to investigate allegations on it's own. They should never simply accept what a government attorney charges.

Grand Juries are completely independent bodies. They do not belong to the Court system or the US Attorneys office. The Court calls Grand Juries into session from lists of names maintained by the US Attorneys office. Yet they are independent! They have no right to determine guilt. Their only duty is to see if US laws were violated and if they were, to issue an indictment against an individual.

Some Grand Juries have earned the name of "rubberstamp" juries. They have accepted what a US Attorney charges against an individual without conducting an investigation on their own. This is how badly the protection of our citizens has eroded in the past years. It's a sad comment on American justice and proves how we have been bamboozled by our public servants.

The first investigation conducted has the same requirement as for the petit jury. Does the law meet with the requirements of our Constitution? Simply because a US Attorney says the violation is of one of US laws doesn't mean it's true. In legal circles this is called jury manipulation. You are being used by the US Attorney to indict a person simply on his word. Charges must be investigated independently.

Do you know a US Attorney does not take an oath to support the Constitution as required? He has no authority to stand before the Grand Jury and make a charge against anyone.

The requirement that all officers take an oath or affirmation to support the Constitution includes the executive branch. There are no exceptions. The US Attorney works for the Justice Department, part of the executive branch. Nonetheless, the US Attorney takes an oath only to perform his duties faithfully. This is in section 544 of the Judicial Code, Title 28, United States Code.

Do you see why the federates don't want anyone to know that juries have the obligation to try the law also? If there is no power to define a crime, you as a member of a Grand Jury have no authority to issue an indictment.

How can anyone argue with this premise? The Constitution established that Congress can make no law which is beyond their specified and granted powers. The jury system, both petit and grand, is the basic protection for us as citizens against overzealous government and agents. Jury duties and functions have been very slowly curtailed by the government. That way they can exercise control over the people as they see fit.

One great man in history made the statement: "The more corrupt the state, the more numerous the laws." (Cornelius Tacitus, Roman senator and historian. A.D. c.56-c.l 15). Congress has been busy for years writing laws for which we gave no permission. We must get our ambitious public officials back within the confines of our basic law.

Are we being led down the road to slavery like sheep?

Has this great country become a nation of wimps ... people who are afraid to challenge the government when it breaks the law? Will we wake some fine morning to find we are now a minor member of the New World Order? It's closer than any of us dare to imagine. Wake up, people!

What will it be like in this country for us, for our children and grandchildren if we don't take control of the government? Perhaps you or one of your children will be in the same position as the man in this story. Your duty as a juror is of the utmost importance in the guarantee of our basic protections.

This same principle applies to state courts. All states must obey the Constitution, either by ratification of the document or on being granted statehood. The requirement for officials to take an oath to support the document also applies to state officials. Each reader should at least know the authority the state has received from your particular state constitution. Find a copy of it or write your state representative and request a copy. Then you will be able to familiarize yourself with its authority.

Our very survival depends on alert Americans. Ignorance is NO defense! Languishing in prison on an illegal conviction is a travesty.

You and I are the sovereigns. We must begin to act like a sovereign. Otherwise, our birthright of life, liberty and happiness will disappear like a puff of smoke.

THERE ARE TRAITORS WITHIN THE GATES!

mailto'.knobby @ connect!, commailto:knobby @ connecti. corn knobby @ connecti. Corn

4. Of Note...

Apparently members of the common law court movement have no problem with ignoring the concept of separation of powers—they have on a number of occasions filed documents intended to command that their state legislatures rethink longstanding statutes. Kidding aside, members of the movement attempt to take public participation to a fascinating new level, a sort of "if you can't join them, join them" philosophy in which the movement tries to bring about social change by literally commanding those in power to bring it about. Following are some examples of this odd trend.

Colorado Findings of Fact and Redress for Grievances

(To be heard April 29 by Colorado State Legislature, 1:30 p.m.. Old Supreme Court Chambers committee room on second floor, north end of Colorado State Capitol, Denver.)

Country of Colorado Our One Supreme Court

Common Law Venue; Original and Exclusive Jurisdiction Outside the

District of Columbia

In Fremont County, Colorado Republic

People, for Colorado Republic, )

ex rel, ) "IN LAW"

Demandant, Plaintiff, )

)

vs. ) “IN LAW”

)

STATE OF COLORADO, ) Redress Of Grievance

“its” political subdivisions and ) Grievance

officers thereof, et al )

Respondents, Defendants ) Case – Colorado 95-1

Specifically To: )

)

) Petition de Droit

) and

) Command To Show Cause

)

PRAECIPE

(Summons)

I, Alvin Jenkins, special appointed clerk, in and for Colorado Republic, hereby under the order and authority of the People for the several counties, command the above named defendants to show lawful cause and place into evidence by signed affidavit. Lawful documentation of the "Emergency Government" described in the attached pages ____through ____. This Colorado Common Law Assembly has concluded, "In Law", that no authority or necessity exists for an "Emergency Government" and that such a government is operating against the best interest and will of the Sovereign People, the "state" in fact. Affidavits of response must be sent to the above Clerk of Court address within 60 days of day served, exclusive of day received. If no Lawful evidence to the contrary is received, these facts stated as Truth and this Assembly of the Sovereign People shall continue "in Law" to remove this bondage from us. _____________________________ Special Appointed Clerk

Country of Colorado Republic )

) ss: Affidavit of Return

In and for the several counties )

I, _______________________, special appointed private courier, attest and acknowledge that I did serve upon above specifically named defendant by Contract via insured RRR Mail # _____________ this Praecipe and Attached Exhibits.

AFFIDAVIT

I, Alvin Jenkins, special appointed Clerk of the Court, for the term, hereby Attest and Acknowledge that the following is True, Correct, and Certain, in relation to the record of proceedings that are in my possession for safe-keeping, but open to the public for review.

1. War & Emergency Powers Special Report

2. Constitution: Fact or Fiction

3. Working Paper 9405

A. Colorado Legislative Acts

B. Kevin Tebedo Testimony

C. Colorado Legislative Acts

D. Jury List

E-l. Colorado Constitution

E-2. 10th Amendment Resolution

I, Alvin Jenkins, attest; 1) that the above is as recorded within the Case Jacket in my possession and open for review upon request, and 2) the attached _____ pages are True, Correct, and Certain copies of the Original Petition for Redress of Grievance by the Common Law Assembly.

Attest: __________________________

Alvin Jenkins

COUNTY OF BACA )

) ss:

STATE OF COLORADO )

Subscribed and sworn to before me this ____ day of October, 1995.

Witness my hand and official seal.

My Commission Expires: ________________

_____________________________________ Notary Public

._____________________________________ Address

Country of Colorado

Our One Supreme Court

Common Law Venue; Original and Exclusive Jurisdiction Outside the District of Columbia In Fremont County, Colorado Republic People, in and for the )

United States of America, ex rel, )

Plaintiff, )

Governor Roy Romer, )

Attorney General Gail Norton )

Colorado State Senators )

Colorado State Representatives ) Colorado 95-1

Colorado Supreme Court Judges )

Colorado Court of Appeals Judges )

Colorado District Court Judges )

All County Court Judges )

All County Commissioners )

All State Agencies )

All Elected or Appointed Officials )

et al, )

Defendant[s]. )

Petition de Droit and

Command To Show Cause

Why the Emergency Statutes of the state should not be terminated, along with the War and Emergency Powers of the United States.

[...]

[ The "Colorado Common Law Jury" issued 18 "findings of fact," quoting at length from such sources as the Constitution, the Congressional Record, Communications of the President of the United States, among others, in support of its argument that neither the Federal Government nor the Legislature of Colorado had any authority to pass restrictive laws consistent with "emergency conditions" essentially in the period following the great depression.] [...]

II. CONCLUSIONS

1) The Colorado Common Law Jury concludes that the original Trading with the Enemy Act of October 6, 1917, passed by Congress during World War I, was valid and constitutional. Congress was within it's constitutional authority. Article I, Section 8, Clause 11 states:

"The Congress shall have Power to declare War, grant Letters of Manqué and Reprisal, and make Rules concerning Captures on Land and Water."

2) The Colorado Common Law Jury further concludes that Executive Order 2039, of March 6. 1933 and Executive Order 2040 of May 9, 1933 are invalid and unconstitutional; and further all Executive Orders, Proclamations, statutes, judgments, etc. made thereunder, and made thereafter, are likewise invalid and unconstitutional, for the following reasons:

a. Pursuant to Stoehr v. Wallace decided Feb. 28, 1921, which stated: "The Trading With the Enemy Act, original and as amended, is strictly a war measure and finds its sanctions in the provision empowering Congress 'to declare War, grant Letters of Manqué and Reprisal, and make Rules concerning Captures on Land and Water . . .'."

3) The Colorado Common Law Jury concludes that in his inaugural address of March 4, 1933, President Roosevelt acknowledged that no invasion or rebellion had taken place. Roosevelt proceeded by asking for:

"... broad Executive power to wage a war against the emergency, as great as the power that would be given me if we were in fact invaded by a foreign foe."

4) The Executive Order 2039 of March 6, 1933 was amended and in its final form included the American people and their transactions the same as "enemy" and made them subject to all the War-time Executive Orders, Rules, Regulations, Licenses etc.

5) The Colorado Common Law Jury not only concludes that there was an Act of "Fraud" perpetrated against the American people, but also an Act of Treason, under Article III, Section 3 of the United States Constitution.

Section 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.

6) The Colorado Common Law Jury conclusion is further supported by Senate Report 93-549, which states in part A majority of the people of the United States have lived all of their lives under emergency rule. For 40 years, freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency.

and further states: "there is no present need for the United States Government to continue to function under emergency conditions." and further states:

"In the view of the Special Committee, an emergency does not now exist. Congress, therefore, should act in the near future to terminate officially the states of national emergency now in effect."

7) The Colorado Common Law Jury's conclusions are further supported by Working Paper 9405 by Walker F. Todd, writing for the Federal Reserve Bank of Cleveland. Coming "straight from the horse's mouth" -- Todd describes it as a "large-scale peacetime intervention," See page 2, Working Paper 9405. and further:

Hoover later wrote: "I had consulted our legal advisors as to the use of a certain unrepealed war power over bank withdrawals and foreign exchange. Most of them were in doubt on the ground that the lack of repeal was probably an oversight by the Congress, and under another law, all the war powers were apparently terminated by the peace. Secretary [or the Treasury Ogden] Mills and Senator Glass held that no certain power existed.

8) The Colorado Common Law Jury makes the conclusion that the overwhelming evidence is: that the War and Emergency Power Act was enacted at a time when the country was at peace and was not under threat of invasion and not in a state of rebellion, which is the controlling factor in this case.

9) The Colorado Common Law Jury further concludes that pursuant to the Kentucky Resolution, which spelled out the criminal jurisdiction of the United States to four specifics, i.e.: "1.) to punish treason; 2.) counterfeiting the securities and current coin of the United states;

3.) felonies committed on the high sea, and; 4.) offences against the law of nations." and further; that Congress had no other criminal jurisdiction, other than what was delegated to them by the Constitution, and further; the Colorado Common Law Jury concludes that the War and Emergency Power is synonymous with the Alien and Sedition Acts described in the Kentucky Resolutions of 1798; and further it is a matter of Res judicata. Whereto fore, Executive Order 2039 of March 6, 1933, and Executive Order 2040, and all statutes, orders, judgments, etc., passed thereunder are all void and having no authority, whatsoever.

10) In Colorado HE 89-1181 has been unconstitutionally used to usurp the right of the people to redress government through initiative and referendum.

11) In Colorado the "safety clause" found on most legislation is a fraudulent usurpation of the people's right of referendum.

12) In Colorado the repeal of anti-trust laws establishes a corporate government that conflicts with its interest and obligation in protecting the rights of the people of Colorado.

13) The Colorado Common Law Jury concludes that since March 9, 1933 the United States of America has been impoverished; during the past 45 years we have slipped from the wealthiest, most powerful nation on earth, to the world's greatest debtor nation, in imminent danger of catastrophic economic collapse, and further concludes that the exercise of War and Emergency Powers has impoverished the American and deprived Americans of unalienable rights, and have worked contrary to the safety, health, liberty and general welfare of the American people. The Colorado Common Law Jury on behalf of the People, in and for Colorado Republic, hereby Command the defendants to Show Cause why the Emergency Statutes passed within this state should not be terminated, along with the War and Emergency Powers of the United States. If the defendants should fail in any way to Show Cause, then this Finding of Fact and Conclusions by Our Court of First and Last Resort shall become a Superseding Judgment, and upon failure of the public to properly protest said judgment, it shall become. Case Res judicata. The Court is instructed to issue all necessary documents. I/we the Jurats of the Colorado Common Law Jury hereby attest and acknowledge that the above Finding of Facts and Conclusions are true, correct, certain, reliant and necessary to the well-being of the people of our Colorado Republic.

Our Finding of Facts and Conclusions of Law by our Colorado Common Law Jury is not reviewable by any other Court of the United States than in accordance to the rules of Common Law, per the seventh amendment to our National Constitution, nor subject to trespass by the judicial power of the United States as per the eleventh amendment to our National Constitution.

So agreed to and done this 19th day of August, 1995.

______________________________________________________________________ Per