letter -- common to all

Upload: j-patrick-simpson

Post on 07-Apr-2018

218 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/6/2019 LETTER -- Common to All.

    1/5

    February 21, 2011

    5892 Shoreland TrailOrlando, Florida 32801

    Re: HOW TO ASK THE FEDERAL COURTS TO STRIKE DOWN THEFOURTEENTH AMENDMENT

    To All Concerned:

    The proposed lawsuit covered in the enclosed material has been in themaking for several years. A little background leading up to it should helpyou gain perspective on the task at hand.

    Politically, I have never been interested in voting for anyone or anythinguntil Ross Perot came on the scene. John F. Kennedy had been assassinatedwhen I was a sophomore in high school, and Bobby when I was in college;that all added up to an inside job long before I read any books or saw anymovies on the subject. Membership in the Central Florida Patriots enabledme to meet an unusually good mana lawyer fourteen years subsequent tohis graduation from law school. As I remember, his masters degree inpsychology had led him into the intelligence community of some branch of the military. He had been cheated out of $30,000 by the federalgovernment, and used the G.I. Bill to put him through law school to learnhow they had gotten away with it. He specialized in internal revenue lawand trusts.

    Helping my mentor with his cases for five years got me interested in how thegovernment functioned against how it was supposed to functiontheconstitutions and the administrative procedure act, both state and federal,and everything that led into them. My talent for writing was recognizedsince junior year of high school, and thats what attracted my mentor to me.He pointed me in the right direction in so many ways, but when he left townin 1998, I dropped any pursuit of a career in law for the time being. Why he

    left is a story in itself. The fact that Florida had no judiciarythat the entirecourt system was attached to the executivewas known to me early on, andI knew becoming a Florida lawyer was a waste of time for a guy like me.

    Five years with UPS as a package auditor was enough for me, particularlysince my ailing mother had died, and so I went to work for my presentemployer on May 26, 2004 as a van driver for the disabled. Not long after

  • 8/6/2019 LETTER -- Common to All.

    2/5

    they were awarded a new three year paratransit contract as of October 1,2006, I learned from a couple of senior drivers that we had been cheatedout of a couple of things in our remuneration package. Tom Feeney, a U.S.Congressman at the time, got me a copy of the proposal MV Transportation,

    Inc. made to the Central Florida Regional Transportation Authority to beawarded the contract and I compared it to our union contract detailing towhat we were entitled. That comparison alone gave me proof of fraud anddeceit entitling me to punitive in addition to compensatory damages, and myinterest in law was rekindled.

    Then my friend, Michael L. Hodge, was fired from MV for refusing toimplement their new and expanding multiple-billing schemea federalfelony for dispatchers. We had gotten acquainted for business reasons. Hehad a background in fuel distribution with an idea for getting fuel for the

    paratransit industry at a discount, and I had a background in futuresarbitrage operations in currencies, gold and silver having worked in Chicagoand New York on the commodity exchange trading floors coming out of college. So, I wrote a NOTICE OF LIABILITY for him to begin perfecting arecord in the State of Florida that we could take to the U. S. District Courtfor the District of Columbia when the time was ripe:

    http://or.occompt.com/recorder/eagleweb/docSearch.jsp ;

    Hodge Michael recorded on May 8, 2008;

    Book 9686, Page 1390 for 59 pages at a cost of a little more than $500.

    This was to anchor our grievance and I have added to it along the way; themost recent addition is the material enclosed. The suit has grown in scopebecause it harkened back to my days with a mentor and what seemed sowrong with governmentFlorida and Federal.

    State citizenship pursuant to Article IV, 2, cl. 1 still exists subsequent tothe introduction of federal citizenship pursuant to 1 of the Fourteenth

    Amendment. UNITED STATES v. CRUIKSHANK, 92 U.S. 542, 553, 23L.Ed. 588 (1875) ( The rights of life and personal liberty are natural rightsof man. To secure these rights, says the Declaration of Independence,governments are instituted among men, deriving their just powersfrom the consent of the governed. The very highest duty of the States,when they entered into the Union under the Constitution, was to protect allpersons within their boundaries in the enjoyment of these unalienable

    http://or.occompt.com/recorder/eagleweb/docSearch.jsphttp://or.occompt.com/recorder/eagleweb/docSearch.jsp
  • 8/6/2019 LETTER -- Common to All.

    3/5

  • 8/6/2019 LETTER -- Common to All.

    4/5

    just and the unjust, the rich and the poor, the saint and the sinner, thebeliever and the infidel, have equal rights before the law.

    BOYNTON v. STATE, 64 So.2d 536, 552-53 (Fla. 1953). Each right and eachcitizen, regardless of position, is protected with identical vigor fromgovernment overreaching, no matter what the source. Id. at 552. John F.Cooper and Thomas C. Marks, Jr., FLORIDA CONSTITUTIONAL LAW:Cases and Materials, 4th Edition, Carolina Academic Press: Durham,NC, 2006, p. 438-439 ( citing TRAYLOR v. STATE, 596 So.2d 957 (Fla.1992) ); federal citizens pursuant to 1 of the Fourteenth Amendment arenot on an equal footing with state citizens pursuant to Article IV, 2, cl. 1regarding each basic liberty of the 1968 Florida Constitutions Declaration of Rights, or, in the alternative, state citizens are excluded from the FloridaConstitution altogether.

    To cut to the chase, and in an effort to caution all that come in contact withthe enclosed material, Americas federal citizenship pursuant to 1 of theFourteenth Amendment could never survive a challenge predicated onCLEVELAND BOARD OF EDUCATION v. LOUDERMILL, 470 U.S. 532,541-545, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985) showing it violatesdue process as a second class citizenship compared to state citizenshippursuant to Article IV, 2, cl. 1 which pre-existed the federal government.U.S. Supreme Court case law shows that federal citizenship involves apermanent attachment to the political jurisdiction which must be defined bystatutethus, we are domiciled in the political jurisdiction incontradistinction to state citizenship which must involve a common law

    jurisdictional domicile. Statutes are not directly applicable to state citizensas a matter of lawnotably Title 26 U.S.C.; they may be applied when thelegislature has modified the common law by statute and another privatestate citizen wishes it applied against you or some other entity includinggovernment.

    The exception to this rule is when your activity has attached youusually

    temporarilyto the political jurisdiction. When you enter upon governmentproperty, for the length of your stay, you waive your rights secured by theConstitution for the United States of America in return for rights granted bythe Constitution of the United States; when you join the military, for theduration of your contract and in the performance of your contract, . . . ;when you become a defense contractor, for the duration of your contractand in the performance of your contract, . . . ; when you become a state

  • 8/6/2019 LETTER -- Common to All.

    5/5