This document is here for review & demonstration purposes only.
However, given the fact that I can pull out all of the information in regard to “Reserved Rights” to establish the core values for a Jural Society in Nevada. Which also would be part of the language used when filing our organizational documents at the recorders office.
The “NOTICE AND DEMAND” parts of this documents can be redone or modified into specific local needs.
All or part of this information may be copied and used as needed. I make no guarantees as to any level of accuracy or boast no results. You are responsible for confirm all data used and it’s accuracy.
This is more about gathering a group of people around that know who they are and are willing to have the “peace that passeth understand” and in knowing that the freedoms that you can have must be claimed and responded to in a way that supports your belief.
In my journey I have found that our spiritual Sovereignty is exactly the same thing as our Sovereignty in law.
Even for my spiritual friends that think they that it is ok to ignore the benefits of really knowing what your rights really are. It is far more of an issue than just to apply your idea of duty to this process. I do this with the knowing of all the pleasure of the view in seeing this level of freedom in the eyes of my friends when they realize that 90% of all single focused freedom issues can be resolved by that level of consciousness awareness of your “Reserved Rights” in all the fullness thereof.
Have also considered posting this to the opportunity of teaching a class on the use of the entire document and all the data contained in it.
The “Nevada Jural Society” documents have not been filed as of the date of this posting. So for all practical purposes is fictional for the purposes of this blog. However, it does not make the powerful truths of what is contained in this posting any less diminished in it’s scope & impact.
NOTICE AND DEMAND
From the People of Nevada Jural Society
(A Body Politic for the Administration of Justice)
IN THE MATTER OF
“the Reserved Powers of the People of Nevada”
WHEREAS, The People in Nevada constitute the Sovereignty in Nevada; and,
WHEREAS, The People of Nevada in affirming their Sovereignty do so by acknowledging the “Laws of Nature and of Nature’s God” which is the source of their Sovereignty; and,
WHEREAS, The People of Nevada created and authorized the legislative, judicial and executive branches of government; and,
WHEREAS, The People of Nevada have delegated limited powers and limited subject matter upon the branches of the government; and,
WHEREAS, The People of Nevada have retained oversight over the powers and subject matter delegated to the branches of government; and,
WHEREAS, The People of Nevada have reserved all powers and subject matter not delegated to the branches of the government to themselves; and,
WHEREAS, Said exercise of reserved powers can be invoked independently of the branches of government created; and,
CAUSE OF NOTICE AND DEMAND
WHEREAS, The branches of the government have repeatedly trespassed upon the “Reserved Powers of the People” to the point that the trespasses have become so frequent and so comprehensive as to become onerous and unconscionable; and,
FURTHER, The bulk of said trespasses and encroachments have been initiated by the federal government to the detriment of the People of Nevada while the Nevada Public Officials have refused to exercise the Powers granted them by the People to check and balance an overreaching federal government; and,
FURTHER, The branches of the government have become so overbearing in the exercise of the powers delegated to them that many Public Officials act as though the government is the source of the rights of the People; and,
FURTHER, The trespasses mentioned above are dealt with in more detail in the section titled THE DISTURBANCE OF THE PEACE AT ISSUE; and,
FURTHER, While we applaud the recent stands Nevada Public Officials have taken against federal encroachment, the trespasses have become so pervasive and encompassing as to merit the People of Nevada standing up with the Nevada Public Officials, but also Demanding the “Reserved Powers of the People” be honored by Nevada Public Officials; and,
THEREFORE, The People of Nevada hereby Demand that the appropriate Nevada Public Officials themselves honor, and further instruct those under their supervision to honor the “Reserved Powers of the People of Nevada”; and,
FURTHER, Reference to remedy in this matter is detailed later in this NOTICE AND DEMAND in the section titled NOTICE TO RESTORE THE PEACE toward the end of this Notice; and,
WHEREAS, As the People are the Sovereignty in Nevada, all immunity to Nevada Public Officials flows from the Sovereign; and,
FURTHER, Any acts done by Nevada Public Officials outside of their enumerated powers are not only NULL AND VOID as they lack the proper source of the authority, but the Nevada Public Official is personally liable for the unauthorized actions; and,
FURTHER, The People of Nevada are not endeavoring to harm or prosecute anyone, the People of Nevada want the checks and balances of power in our government restored; and,
FURTHER, With an abundance of caution to Nevada Public Officials, the drift from our original footing has become such a familiar environment that one can no longer recognize how far off course one is now; and,
FURTHER, While Nevada Public Officials did not create the current environment, but rather inherited the current state of affairs, they are still responsible for the restoration of the checks and balances in Nevada; and,
FURTHER, The following FINDINGS OF FACT have been produced to show how far we have drifted from our original footing; and,
THEREFORE, Meeting the People of Nevada DEMANDS, can become the first step toward IMMUNITY from a tainted and inherited past, or its lack may become the EVIDENCE for tacit participation of attempting to implement a foreign jurisdiction in Nevada and a betrayal of one’s own People, as this NOTICE AND DEMAND will be prosecuted to its full conclusion for the purpose of RESTORING THE PEACE IN Nevada according to the Law in Nevada; and,
PEOPLE ARE ALWAYS EITHER MAINTAINING THEIR FREEDOM OR THEY ARE HEADED INTO A DESCENT INTO TYRANNY. THERE IS NO NEUTRAL GROUND.
THE PEOPLE OF Nevada ONCE AGAIN HAVE THE DECISION BEFORE THEM Stands FOR, TYRANNY OR FREEDOM. PEOPLE MUST ACTIVELY CHOOSE FREEDOM AND IF THEY DO NOT ACTIVELY CHOOSE FREEDOM, TYRANNY WILL OVERTAKE THEM.
FINDINGS OF FACT
The following Findings of Fact are drawn from the compacts already in place between the People in Nevada and her Sister States. The quotes used herein are not hearsay, but are quotes from original source documents of the founding of our country or from people who participated in the events which founded our country and therefore have first hand, personal knowledge of the events as they transpired. These are not political statements or opinions from so-called experts.
These Findings are also from self-evident truths understood by the writers of the documents.
“at the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country, but they are
sovereigns without subjects, and have none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty.”
From the differences existing between feudal sovereignties and governments founded on compacts, it necessarily follows that their respective prerogatives must differ. Sovereignty is the right to govern; a nation or State sovereign is the person or persons in whom that resides. In Europe, the sovereignty is generally ascribed to the Prince; here, it rests with the people; there, the sovereign actually administers the government; here, never in a single instance; our Governors are the agents of the people, and, at most, stand in the same relation to their sovereign in which regents in Europe stand to their sovereigns. Their Princes have personal powers, dignities, and preeminences; our rulers have none but official; nor do they partake in the sovereignty otherwise, or in any other capacity, than as private citizens.”
Chisholm v. Georgia (1793)
united States Supreme Court
[ Chisholm v. Georgia is not being quoted here as a Supreme Court decision, but rather the Justice quoted here is James Wilson, a Delegate and Floor Manager at the Constitutional Convention who had personal, first-hand knowledge of the founding structure of our government and serve as evidence of the same and not hearsay and opinion.]
The self-evident truths set forth in this Notice are drawn from the conclusions that flow from the founding architecture of our
system of government which has been the envy of the world. This same architecture is also the principal impediment to the tyrant and the cause of rage to those who wish to force their views on their neighbors against their neighbors will; and,
Our founding principles were not put in place because it was the political view of a group of people. Our founding fathers put the architecture of our government in place because it was their best attempt to design a system in harmony with natural law and the laws of the universe. They realized there is a natural penalty for disobeying a natural law, which is only a reflection of reality; and,
This country was founded upon the laws of nature and of nature’s God. The natural law is self executing and always prevails. It is slow to convict and it grants mercy to the recalcitrant to comply; and,
Great civilizations fail because natural law enforces its own laws. The seeds of one’s destruction are sown by one’s own actions.
Great governments fail because the People who are oppressed always win. The People always win because the natural law always prevails and afterward, the People will prevail as long as they prevail in the natural law; and,
The question before you is, which side of the line will you be standing on when the gavel of the natural law comes down. It will
condemn you or vindicate you, but the choice is yours.
“It is error alone which needs the support of government. Truth can stand by itself.”
“…. at the Revolution, the sovereignty devolved on the people, and they are truly the sovereigns of the country, but they are sovereigns without subjects, and have none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty.”
Chisholm v. Georgia (1793) united States Supreme Court; and,
All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and they have at all times the unalienable right to alter, reform, or abolish their form of government, in such manner as they may think expedient.
[Constitution – ]; and,
Convention to Ratify the Constitution of the United States; WEDNESDAY, November 8, 1787, — Mr. WILSON.
“But, in this Constitution, the citizens of the United States appear dispensing a part of their original power in what manner and what proportion they think fit.
They never part with the whole; and they retain the right of recalling what they part with.” and,
“It astonishes me to find that so many should be contented to live under a system which leaves to their governors the power of taking from them the trial by jury, freedom of religion and of the press, freedom of commerce, habeas corpus laws, and of yoking them with a standing army [Thomas Jefferson]; and,
I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution." [Thomas Jefferson]; and,
STANDING TO EXECUTE NOTICE AND DEMAND
The Declaration of Independence affirms that the People in Nevada and in America are given their Rights by God, and as God-given Rights, they are unalienable; and,
People may choose not to exercise these Rights or allow themselves to be deceived into believing they do not have them, but they cannot alienate these Rights from themselves; mentioned Declarations of Independence, the Nevada Constitutions not repugnant to the Common Law, a Constitution for the United States not repugnant to the Common Law, and the self-evident deductions made from the fact that the Powers NOT delegated to the branches of the government, are retained by the People; and,
That all other counterfeit Declarations, Constitutions or rule making masquerading as Law, gained by Duress and Color of Law, were and are NULL AND VOID ON THEIR FACE being repugnant to the Common Law; therefore,
Any Nevadan singly, or jointly with other Nevadans, may enforce the provisions of the Declarations of Independence, the Constitutions not repugnant to the Common Law or the organic Common Law by which said Constitutions were constructed, as these compacts are binding upon the whole of the People and the Land of Nevada, above water and under water; and,
THE JURAL SOCIETY
The Nevadan Jural Society [or Society of Jurists] is the lawful manner of describing the People of Nevada in their capacity of exercising their Reserved Powers of Governance; and,
It is the Nevada Body Politic comprised of the whole of the People of Nevada who are self-governing and who choose to exercise their reserved powers by consenting to participate in, and assemble for, the administration of justice in Nevada; and,
NOTICE was heretofore made by Diplomatic Notice of the Nature of Sovereignty in Nevada, as being invested in the People, by the Nevadan Jural Society dated 1st of [Date to be filled in], and attached hereto; and,
From that time to this, the People of Nevada have always reserved the right to alter, reform or even abolish the government as they see fit; and,
All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit; and they have at all times the unalienable right to alter, reform, or abolish their form of government, in such manner as they may think expedient.
The People of Nevada DID NOT yield any of their sovereign powers, but have reserved to themselves full sovereign prerogative, to exercise oversight over their own creation;
Sovereignty in Nevada Resides in the People
The Ninth and Tenth Amendments to the Constitution for the United States clearly state;
[Ninth] The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
[Tenth]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.
The Eleventh Amendment to the Constitution for the United States was an extended clarification of the Ninth and Tenth Amendments placing limits on the Judiciary in relation to the People;
[Eleventh] The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
The Eleventh Amendment to the Constitution did not repudiate or correct the decision expressed by the Supreme Court in Chisholm v. Georgia, but rather placed constitutional constraints on the Judiciary to further clarify the limits of their Enumerated Powers
in regard to the People; and,
The People of Nevada are joint tenants [tenancy in common] in the sovereignty on the land, both above and under water, in Nevada and are superior to their government, which is a creation of the People of Nevada and inures to their heirs and assigns forever as a perpetual covenant running with the land; and,
That at the time of the People of Nevada held all the power of a sovereign or a king, therefore the delegation of a portion of their authority to a public official does not diminish their sovereignty any more than a king does not diminish his crown by commanding a subject to perform a task for him, he rather establishes his crown; and,
Remarks of James Wilson in the Pennsylvania Convention to Ratify the Constitution of the United States; WEDNESDAY, November 28, 1787, A. M. — Mr. WILSON.
“But, in this Constitution, the citizens of the United States appear dispensing a part of their original power in what manner and what proportion they think fit. They never part with the whole; and they retain the right of recalling what they part with.” and,
The Land of Nevada
The Law of the Land in Nevada
Nationality of the People of Nevada
The People of Nevada, when joining the Union, retained their sovereign status and their nationality as Nevadan’s,
In the Union of States each State is a nation clearly by right according to its constituted elements; and,
The United States must own land to be a Nation in its own right, to support the test of being a Nation, according to the Law of Nations; and, The United States does not own land within the states [District of Columbia is ceded (leased) to them by the States] and any federal agency acquiring land within the states must do so by an act, or by the permission of the respective state legislature by cession [leased];
Constitution for the United States of America
Article 1 [Section 8]
“To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States,
and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; –and”
The United States, according to the Law of Nations, in a purely legal sense is not a nation and cannot sustain the test of nationality; and,
The People of Nevada, their Land and their constituted government are a nation like their sister states within the Union of States and together form a federated republic; and,
THE LAW OF NATIONS
BOOK I. OF NATIONS CONSIDERED IN THEMSELVES
CHAP. I. OF NATIONS OR SOVEREIGN STATES.
§ 10. Of states forming a federal republic.
“Finally, several sovereign and independent states may unite themselves together by a perpetual confederacy, without ceasing to be, each individually, a perfect state.
They will together constitute a federal republic: their joint deliberations will not impair the sovereignty of each member, though they may, in certain respects, put some restraint on the exercise of it, in virtue of voluntary engagements. A person does not cease to be free and independent, when he is obliged to fulfil engagements which he has voluntarily contracted.”; and,
The founding documents of the Union of States affirmed the above structure with the People as the Sovereignty and not the Ruler or the State; and,
The federal level of government was formed as three separate independent agencies to perform specific and limited duties on behalf of the Union of States; therefore,
The People of Nevada, 1) have retained their land within Nevada; 2) have retained their republic, meaning all the powers of an independent state; 3) own the state and federal governments they created, and 4) maintain their nationality as Nevadan; and,
Reserved Powers of Governance of the People
The people of Nevada do now constitute a free, Sovereign, and independent republic, and are fully invested with all the rights and attributes which properly belong to independent nations.
The People of Nevada not only reserved powers to themselves, they also retained the oversight over the powers delegated, to ensure that Public Officials would stay within their limited authority by retaining the right to recall those powers they delegated;
Remarks of James Wilson in the Pennsylvania Convention to Ratify the Constitution of the United States; WEDNESDAY, November 28, 1787, A. M. —
Mr. WILSON. “…But, in this Constitution, the citizens of the United States appear dispensing a part of their original power in what manner and what proportion they think fit. They never part with the whole; and they retain the right of recalling what they part with.”; and,
The Body Politic
The People of Nevada DO NOT need to obtain permission from any branch of the government when they exercise their God-given Powers and Rights; and,
The People of Nevada did reserve Powers of Governance to themselves to prosecute a matter from its’ inception to its’ full execution completely outside of the branches of government by the use of the People’s Governing Institutions, of which the following are a partial list including, but not limited to:
Power of Lawful Assembly for Informal, Formal or Parliamentary purposes for exercising their Reserved Powers, including Assemblies, Conventions, Conferences, Convocations, etc.
[Analogous to the Nevada Legislature]
Duty as Jurists to serve on the Grand Jury and Trial By Jury to apply the Common Law
[Analogous to the Nevada Judiciary]
People’s Public Records for Public Notices, as well as Judicial, Non-Judicial and Juridical Proceedings. Offices of the Peace Officers [ NHP at the state level, Sheriff, Constable, Coroner, Justice of the Peace at the local level] for the Enforcement of Due Process of Law.
[Analogous to the Executive Branch]
The Grand Jury and Trial By Jury are ancient institutions of the People and are the most essential checks for safeguarding a free society; “I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution.”
[Thomas Jefferson]; and,
The separate branches of the government have access to the Grand Jury and Trial By Jury when the taking of Life, Liberty or Property is in question in regards to one of the People; and,
The Grand Jury and Trial By Jury are independent of the branches of the government and can be convened by the People independent of any branch of the government; and,
Every Public Official is a party to the Jural Society and after they leave Public Office, they return to participate in the Jural Society; and,
That among the Powers reserved by the People of Nevada is the Power of Nullification and the People of Nevada have reserved the Power to Nullify any unconstitutional or unlawful acts within the branches of government and to remove any Public Officials from Office by Lawful Proceedings for a Breach of their Oath of Office to the People of Nevada, as the Maxim of Law states:“In the presence of the superior power, the minor power ceases.” ; and,
The organic Common Law is made up of those unchangeable laws, principles or maxims that all men and women are subject to, being the Natural Law, where Peace Officers, Jurors and Judges must take the dispute in question and reason their way to a just conclusion by the said principles of the Common Law; and,
A maxim is so called because its dignity is chiefest, and its authority most certain, and because universally approved by all.
[Bouvier 1856, Co. Litt. 11.]
This was described in the Declaration of Independence as the laws of nature and nature’s God, being the Law of the Land; and,
The Common Law extends to – Rule of Law where the presumption is you are innocent until YOUR ACCUSER PROVES you are guilty AND NOT the Law of the Ruler in which you are presumed to be guilty until YOU PROVE YOURSELF innocent; and,
All criminal laws in Nevada [life, liberty and property], that are repugnant to the Common Law are NULL and VOID as they lack the source of true law and they lack the delegated authority from the sovereign, the People;
“Our legislators are not sufficiently appraised of the rightful limits of their power; that their true office is to declare and enforce our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him; every man is under the natural duty of contributing to the necessities of the society; and this is all the laws should enforce on him; and, no man having the right to be the judge between himself and another, it is his natural duty to submit to the umpirage of an impartial third [party]. When the laws have declared and enforced all this, they have fulfilled their functions; and the idea is quite unfounded, that on entering into society we give up any natural right.” [Thomas Jefferson]; and,
That the People of Nevada reserved the Common Law to themselves, as well as the supreme judgeship as Jurists over Life, Liberty and Property and therefore any takings of the same must be done with the consent of the People [i.e. Trial By Jury, etc.];
The Common Law was excepted from the powers granted by the People to the Nevada and federal government, and the Common Law is a Reserved Power of the People of Nevada and was made the Rule of Decision within the Nevada and federal governments, not subject to statutory authority; and,
Due Process of Law cannot be suspended in reference to the People, even in times of War and National Emergency; on the contrary, in times of Necessity, when the Courts are in disarray, the government has a duty to restore the Courts and Due Process of Law for the People; and,
Conservators of the Peace
The Offices of the Conservators of the Peace [Peace Officers] were created by the People, our Ancestors, hundreds of years ago and inure to us by Custom and Usage, not by statute, which are higher forms of Law than Statutes and the Offices of the Peace Officers were not created by the Nevada Constitutions or the Nevada Legislature; and,
The Nevada Peace Officers, defined as the Sheriff, the Constable, the Coroner, the Justice of the Peace, act as a check and balance to one another, as these Offices are a direct trust from the People to protect the Land on behalf of the Sovereignty, i.e., the
People of Nevada; and,
The Nevada Peace Officer is the Supreme Law Enforcement Official, because he or she has the jurisdiction over the land, both above and under water, and it is their Duty to Keep the Peace and enforce the Organic Fundamental Law of the Land (Common Law) and to further protect the People of their respective jurisdictions from all encroachments, including pre-emptive encroachments by state and federal authorities; and, The Office of the Conservator of the Peace is the most complex Office existing within the structure of our government, as the Office sits outside the three branches of government, existing within the reserved Powers of Governance of the People of Nevada, but interfaces and has functions that support the executive branch of the government and further, is not subject to the State Legislature in his or her Common Law jurisdictional duties; and,
“An attention to the powers and duties of the sheriff will disclose, I think, a peculiar propriety in the compound mode of election and appointment, directed by our constitution. He executes the process of courts, and, in his county, is the principal conservator of the peace: so far he is an executive officer, and should be appointed by the governour. He returns jurors: for this reason, he should be chosen by the people. Invested with the double character, he should receive his authority partly from both. … he is, in a considerable degree, independent, and may, therefore, be presumed impartial in the exercise of his very important duties and powers.”
Collected Works of James Wilson, [Supreme Court Justice – Circa 19’s] Vol. 2.
As the state and federal government have no delegated authority over the Land, except in the administration of their enumerated Powers [i.e. Post Offices], they are presented a problem when they have to administrate the International Law, Maritime and Admiralty Law and Equity Law within a County over matters of Life, Liberty and Property or the Reserved Powers of the People; and,
The Sheriff is commissioned by the Governor of Nevada within the county to allow access for legal process from outside the county for state and federal officials to exercise their enumerated duties within a county through the appropriate Peace Officer; and,
The Sheriff has a Duty to determine whether the party issuing the process has jurisdiction over the matter in question which is determined by Common Law – Due Process of Law and not by the Nevada Legislature; and,
“The ministerial power of the sheriff is of great importance to the impartial administration of justice, and to the internal peace and tranquillity of the commonwealth. …. With regard to process issuing from the courts of justice, the sheriff’s power and duty is, to execute it, not to dispute its validity: though the writ be illegal, the sheriff is protected and indemnified in serving it. From this general rule, however, one exception must be taken and allowed. He must judge, at his peril, whether the court, from which the process issued, has or has not jurisdiction of the cause.”
Collected Works of James Wilson, [Supreme Court Justice – Circa 1790’s] Vol. 2.
The Sheriff has the duty to determine if the individual within the county has in some way consented to this process, usually in the form of a contract which is being enforced; and,
Although the Sheriff must remain in the position of a disinterested third party, their primary duty is to make sure the Common Law as the Rule of Decision is being observed by the subordinate bodies of Law and making certain the Officers have jurisdiction in
the matter [Admiralty, Maritime, Equity etc.] and the means of doing this is the observance of Common Law – Due Process of Law [not statutory Due Process of Law]; and,
STATE AND FEDERAL
BRANCHES OF GOVERNMENT
Checks and Balances
Our system of Checks and Balances was created by the People, through the Constitution in great measure to de-centralize power, as the Nevada Constitution creates three separate co-equal branches of government which are not united into one governmental structure; and,
THERE IS NO SUCH CREATION IN THE CONSTITUTION AS A STATE OR FEDERAL GOVERNMENT, as the reference to a state or federal government is a euphemism simply referring to the whole of the government, and NOT a single entity; and,
“I do verily believe that if the principle were to prevail of a common law being in force in the United States (which principle possesses the general government at once of all the powers of the state governments, and reduces us to a single consolidated government), it would become the most corrupt government on the earth.”
[Thomas Jefferson]; and,
The architecture of our governmental system has a built-in Separation of Enumerated Powers between the branches of the government at both the state and federal levels of the government, as well as a Separation of Enumerated Powers between the state and federal levels of government themselves; and, The branches of the state and federal government may not combine the branches into a single state government or single federal government with the branches being separate divisions of the whole without being guilty of overthrowing the government set forth by the People; and,
The federal branches of the government may not make the States into subdivisions of the federal government, nor may the States consent to being a subsidiary of the federal government; and,
The State of Nevada may not make the Counties of Nevada into subdivisions of the State, as the Counties in Nevada preceded the forming of the government in Nevada and were represented by Delegates at the signing of the Nevada Constitution; and,
The subdivision of Nevada into counties was a directive from the People of Nevada when they ratified the Constitution for the Republic of Nevada.
That the Constitution for the united States created a system of diffused sovereignty between the state and federal branches of government in which they are sovereign to one another within their Enumerated Powers; and,
That the state or federal branches of the government may neither pre-empt the Enumerated Powers of another branch of the government, nor may they agree to yield their Powers or a portion of their Powers to another branch of the government; and,
When any branch of the government pre-empts the Enumerated Power or Powers of another branch of the government, the branch being pre-emptively acted upon, has a duty to interpose its sovereign Powers against the pre-emptive branch of government, whether the pre-emptive actions are intentional or unintentional; and,
All branches of the government have a duty to maintain the Powers granted to them by the People, to restore and maintain the balance of power within the State and the Union; and,
Nature of Enumerated and Delegated Authority
“I consider the foundation of the Constitution as laid on this ground: That ‘all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people’ (10th Amendment). To take a single step beyond the boundaries thus specifically drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible to any definition.”
A mandatory cannot exceed the bounds of his authority,
[Jenk. Cent. 53. Bouvier 1856]
The power which is derived cannot be greater than that from which it is derived.
Remarks of James Wilson in the Pennsylvania Convention to Ratify the Constitution for the United States; December 4, 1787,
a.m.—Mr. James Wilson.
“There are two kinds of government; that where general power is intended to be given to the legislature, and that where the powers are particularly enumerated. In the last case, the implied result is, that nothing more is intended to be given, than what is so enumerated, …..
MONDAY, November 26, 1787, P. M.
“The states should resign to the national government that part, and that part only, of their political liberty, which, placed in that government, will produce more good to the whole than if it had remained in the several states. While they resign this part of their political liberty, they retain the free and generous exercise of all their other faculties, as states, so far as it is compatible with the welfare of the general and superintending confederacy.”; and,
That the Nevada or Federal Lawmakers were never delegated Power over the Land of Nevada, nor were they delegated the Power to control our Peace Officers in their defence of the Land on behalf of the People, as the maxim states “The power which is derived cannot be greater than that from which it is derived,; and,
Subject Matter Authority
(Needs to be filled in)
[Statutory Law Cite – CIVIL PRACTICE AND REMEDIES CODE, TITLE 2. SUBTITLE A. CHAP 5. Sec. 5.001, included herein by reference as if fully set forth]
The language used here to describe the Common Law is such that the People of Nevada did not adopt the Common Law, but reflects the understanding that all men are subject to the Common Law as it cannot be adopted, nor can it be repealed, as it is universal in its
By the use of the term “Rule of Decision” it reflects the understanding that all Laws applicable in Nevada shall be read in harmony with the Common Law; and,
The use of Rule of Decision is a statutory term referencing Common Law as the Rule of Decision, while acknowledging statutory law is subordinate and subject to the Common Law; and,
The Common Law as defined by Supreme Court Justice James Wilson [circa 1790’s] is as follows:
“Under this head it is to be observed that the common law, in its true extent, includes the law of nations, the civil law, the maritime law, the law of mercantile the law of each particular country, in all cases in which those laws are particularly applicable.”
HISTORY OF JAMES WILSON’S LAW LECTURES by Mark David Hall; and,
The Common Law, being the Rule of Decision makes all enactments VOID which are repugnant to the Common Law [Not to be confused with the Common Law of England which may refer to Common Law Procedure and at other times to the Common Law itself]; and,
That it has been the habit of certain counselors to advise that the Common Law has been superseded in Nevada by statute and is therefore not binding upon ones actions; therefore, The above-mentioned statement is but a Color of Law deception that applies to Common Law Procedure and NOT to the Common Law itself, which is very much the Ruling Law in Nevada; and further,
That Statutes cannot supersede the Constitution; and,
That Nevada Public Officials actions outside of their enumerated and delegated authority, are NULL and VOID as they lack the source of true law and delegated authority from their sovereign, the People; and,
“Whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force.”
That the state or federal branches of the government cannot use their Power to increase their Power or jurisdiction, as the Maxim of Law states, A mandatory cannot exceed the bounds of his authority, and further, The power which is derived cannot be greater than that from which it is derived.; and,
That Federal Authority over Land is limited based upon the Constitution at:
Article 1, Section 8, Clause 17: “To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the
United States, ……”; and,
Within Nevada, they are geographically limited to the land ceded [leased] to perform the Federal enumerated Duties, such as Forts, Ports and Post Offices; and,
It should be stated that violations of Subject Matter enumerated authority have no statute of limitations and charges can be filed at any time in the future for the rest of a Public Officials life and can become a liability against the Public Officials estate even after their death, hence, it behooves Public Officials to stay within the limits of their authority; and,
Public Officials Oath of Office
The Office of a Public Official begins through the election process as an Offer from the People and the taking of the Oath of Office becomes the acceptance on the part of the Public Official; the State and Federal Constitutions being the ruling documents [terms
and conditions] defining the limited nature of the Powers of the Public Official; and,
The sovereignty, which resides in the People of Nevada in our system of government is unique to the rest of the world at large, for in the American and Nevada system of government, the relationship between the People and the branches of government, being that of a Principal to an Agent who is acting on behalf of the Sovereignty, i.e. the People of Nevada, to perform a Specific Limited Authority as defined by the Constitution [both written and unwritten]; and,
In the words of Thomas Jefferson in the Declaration of Independence referencing the unwritten constitution, “He has combined with others to subject us to a jurisdiction foreign to our constitution and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation.”; and,
A Public Official who acts outside of the Subject Matter of that delegated Authority is at a minimum, in Breach of their Oath to the People; and,
“OATH. A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true. It is a religious act by which the party
invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or in other words to punish his perjury if he shall be guilty of it.
It is proper to distinguish two things in oaths;
- The invocation by which the God of truth, who knows all things, is taken to witness.
The imprecation by which he is asked as a just and all-powerful being, to punish perjury.“
[Bouvier’s 1856]; and,
The above definition represents the nature of the Oath where the Public Official takes the “God of truth” as his or her witness and consents for a just God “to punish his perjury if he shall be guilty of it.”, and,
Common Law Duty To Serve and Good Faith Immunity
All Public Officials are delegated a grant of authority by the people to exercise their offices as a single individual to perform a singular, limited task and therefore the elected Public Official is operating under the Common Law Duty To Serve and therefore does not have the discretion of performing the duties of his or her office with partiality, but must serve all of the People and perform all of his or her duties delegated, without discriminating against certain duties or People; and,
The sovereignty devolved to the People after the American Revolution within the Colonies and after the Battle for Independence in Nevada, meaning, Public Officials serve at the will of their sovereign, the People; and,
The People grant the Public Officials, with Good Faith Immunity, to protect them from malicious actions of others, as well as their own Good Faith errors made while executing the duties of their Office; Good Faith Immunity being predicated upon the proper discharge of their duties according to the limitations of the authority delegated to them by the People; and,
While a Remedy to this NOTICE AND DEMAND does not indemnify a Nevada Public Official from a damage committed by that Nevada Public Official against a single individual, it is an opportunity for him/her to rely on Good Faith Error, but after this NOTICE AND DEMAND, all Nevada Public Officials WILL NOT HAVE A GOOD FAITH DEFENSE for damages caused to Nevdan’s, for exceeding the delegated authority of their Office under the law; and,
“To be ignorant of the law is gross negligence”
“To be able to know is the same as to know.” This maxim is applied to the duty of every one to know the law.
Idem est scire aut scire debet aut potuisse”
All Nevada Public Officials, under Oath, take their Office under the Common Law “DUTY TO SERVE” whose full meaning is included herein by reference as if fully set forth, and the introduction of laws and legal systems into Nevada, except in the manner proscribed by the People of Nevada will be considered as an introduction of a foreign jurisdiction with the intent of overthrowing the system of government in Nevada proscribed by the People of Nevada; and,
Nevada and federal Public Officials DO NOT have the Power to Contract outside of their delegated powers; and,
The People of Nevada DO NOT have the Power to Contract their powers away to the branches of the government either voluntarily or involuntarily, nor do the branches of the government have the Power to Contract away their Powers to other branches of the government or to the People either voluntarily or involuntarily; and,
Reliance on Silent Presumptions of obtaining consent, suretyship and acceptance and other defenses such as, “tacit procuration”, “benefit of discussion”, “need to know”, outside of the Common Law Rule of Decision will be used as Evidence of the Color of Law crimes they represent; and,
Should you let this Good Faith opportunity slip by to set the Facts straight ON THE RECORD, your Default to this NOTICE AND DEMAND can be used as Evidence against you in a COURT OF RECORD in the future; and,
“Abundant caution does no harm. Abundaans cautela non nocet.”
[11 Co. 6. Bouvier 1856]
It should be restated that violations of Subject Matter authority have no statute of limitations and charges can be filed at any time in the future for the rest of one’s life and can become a liability against one’s estate even after their death; and,
Declarations of necessity do not suspend the Natural Rights of the People, nor do they suspend the Reserved Powers of the People, nor do they expand the Enumerated Powers of Public Officials; and,
Reliance upon powers of necessity, whether lawful in their inception or not, have expired due to Operation of Law, as one cannot use necessity to escape or circumvent the limitations of one’s delegated and enumerated duties as a perpetual state; and,
The Law of Necessity as a Maxim of the Common Law cannot suspend itself, neither can it suspend the Common Law; and,
One cannot create a necessity either by his or her incompetence or by a deliberate act and then invoke the law of necessity without incurring liability to themselves [you cannot create a necessity to invoke the law of necessity]; and,
“The law of necessity is the law of time, that is, time present. Lex necessitatis est lex temporis, i.e. instantis.”
[Hob. 159. Bouvier 1856]
“Necessity is the law of a particular time and place. Necessitas est lex temporis et loci.”
[8 Co. 9; H. H. P. C. 54. Bouvier 1856]
“Necessity excuses or extenuates delinquency in capital cases, but not in civil.
Necessitaas excusat aut extenuat delicium in capitalibus, quod non operatur idem in civilibus. Vide Necessity.”
That Public Officials cannot declare the entire area of Nevada as a “Battlefield” to extend their Powers beyond those delegated: and,
That Public Officials in Nevada CANNOT use the Laws of Necessity [i.e. emergency, ad infinitum] to circumvent the restraints of delegated power beyond the duration of the Necessity itself, without incurring liability to themselves; and,
Public Officials become tacit conspirators to the Abuse of Power when they know or should have known that such Abuse of Power is ongoing and does nothing to stop it; and,
Reliance upon Silent Presumptions to circumvent the Open and Notorious requirements to perfect the Necessity will be used as evidence to prove the Necessity was Null and Void in its inception; and,
Reliance upon Silent Presumptions to keep the Public Conscience from being shocked will be treated as the Abuse of Power it is, by its’ nature; and,
That any People or Society which habitually violates the “Laws of Nature and of Nature’s God” [Natural Law] and does not heed its warnings, pronounces a judgment upon themselves they cannot and will not evade; and,
IN CONCLUSION, It is a paramount Duty of the Nevada Public Officials to interpose the powers granted them by the People of Nevada against Federal pre-emption, as in the words of Thomas Jefferson in the Declaration of Independence writing of King George, “He has combined with others to subject us to a jurisdiction foreign to our constitution and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation.”; and,
THE DISTURBANCE OF THE PEACE AT ISSUE
Injustice is at a minimum, a disturbance of the Peace; and,
LAW OF NATIONS by Emmerich de Vattel
OF THE OBSERVANCE OF JUSTICE BETWEEN NATIONS.
“§ 63. Necessity of the observance of justice in human society. JUSTICE is the basis of all society, the sure bond of all commerce. Human society, far from being an intercourse of assistance and good offices, would be no longer any thing but a vast scene of robbery, if no respect were paid to this virtue, which secures to every one his own. It is still more necessary between nations than between individuals; because injustice produces more dreadful consequences in the quarrels of these powerful bodies politic, and it is more difficult to obtain redress. The obligation imposed on all men to be just is easily demonstrated from the law of nature. We here take that obligation for granted (as being sufficiently known), and content ourselves with observing that it is not only indispensably binding on nations (Prelim. § 5), but even still more sacred with respect to them, from the importance of its consequences.”
The Nevadan Jural Society is choosing to address the following breaches in principle, trusting that these issues can be resolved by peaceful resolution without harming or filing complaints against individuals that may be in violation of the below mentioned
The following trespasses are not intended to be a complete list of violations, but are a trespass upon the architecture and fundamental structure of the government the People of Nevada authorized; and,
AT ISSUE IS, The various branches of the Nevada government have trespassed upon the reserved Powers of the People by not honoring Common Law – Due Process of Law requirements according to the organic fundamental Law of the Land, as each of these Institutions is available in our system of law to be accessed by either Public Officials within the branches of the government or by the People themselves without the permission of the other; and,
Due Process of Law is an integral part of the Common Law and as such, is the Rule of Decision by which the branches of the government are bound, in both Nevada, as well as at the federal level. Due Process of Law is not only the Law in Nevada, it is a necessary feature of any system of Law where the Accused is innocent until proven guilty by their Accuser.
The Federal Government has, through declaring Necessities [i.e. Emergency Powers, War Powers, Martial Rule, etc.], attempted to create a state of perpetual emergency to escape the limitations of their Enumerated Powers.
This is a self-evident truth by the decades of operating under War and Emergency Powers. These variously named Necessities are Null and Void on their face by the Operation of Law once they are severed from the Source of Law which delegated the power to them in the first place. Acts of necessity issued by Public Officials to expand their Powers beyond their Enumerated Powers is a deliberate Abuse of Power.
None of the Emergency Powers can suspend Due Process of Law. Even in times of War, Due Process of Law is to be restored immediately, not to be taken as an opportunity to use Summary Process as an extended feature of the Emergency.
The time taken to craft this Notice and Demand and execute delivery to each of you is Evidence of the Color of Law sham that these emergencies perpetrate.
The branches of the Nevada government have a Duty to Interpose their Sovereign Powers against federal Pre-Emption of all kinds, but especially in relation to Due Process of Law.
Breach – The branches of the Nevada government have become intentional or unintentional tacit perpetrators of these above-mentioned schemes.
We the People of Nevada DEMAND that the branches of the Nevadas government CEASE their subservience to these sham emergency doctrines of the branches of the federal government, which have no basis in Law, but are rooted in the Agendas of those who seek to change the Source of Law in Nevada and America.
We Notice you to act in an Abundance of Caution, for in the future your actions may not be sanctioned as emergencies, but rather tacit conspirators to change the Source of Law in Nevada.
Summary Process of Law has been put in place for decades in place of Due Process of Law, not as an Emergency Measure, but as an attempt to overthrow the Source of Law and hence the government in Nevada.
We DEMAND that you restore Due Process of Law in Nevada.
Peoples Repository of Public Records –
This is the valuable interface between government and the People, including, but not limited to, Judicial, Juridical and Non-Judicial Proceedings.
Government Officials are exercising discretion over what documents can be recorded in the Peoples Public repositories in direct violation of their Common Law Duty To Serve and in some cases are Obstructing Justice by interfering with the Court of Record, which the Public Record Repository becomes in certain Lawful Proceedings.
Conservators of the Peace – [Sheriffs, Constables, Coroners, Justice of the Peace, at the local level and at the state level]
These Offices exist outside the branches of the government as they were created by the People and they are not statutorily created Offices. They have a dual role, 1) where they operate within the Reserved Powers of the People administering the Common Law, and 2) they are to function according to legislative state statutes, within the limited scope of enumerated authority of the respective state or federal branch of government and have the Duty to determine the jurisdiction of each through Common Law – Due Process of Law.
The Conservators of the Peace have duties to perform both within the governments delegated Powers and also within the Peoples Reserved Powers, however the Nevada branches of the government are not recognizing their limitations regarding the duties of these Officers in reference to the Reserved Powers of the People.
Grand Jury and Trial By Jury
These institutions are ancient with no one knowing their origin and are Offices created by Custom and Usage of the People long before Nevada and the united States were a thought in our Founding Fathers minds. They are institutions of the People and they are available to the branches of the government for its use according to its statutes and it is a duty of the People to serve upon them. The Grand Jury and the Trial By Jury can be accessed by the federal, state and county levels of government. However, the independent
Grand Jury and the independent Trial By Jury can be convened by the People independent of the federal, state and county governments.
However, the Grand Jury and Trial By Jury were NOT delegated to the Nevada branches of government to exercise exclusive control over them.
Breach – Nevada Public Officials are exercising unconscionable control over the Peoples Reserved Powers regarding the Grand Jury and Trial By Jury.
Breach – The Office of the District Attorney is a Federal Office and has no control over the Grand Jury and Trial By Jury.
The People’s Powers of Governance exist in the Nevadan Jural Society for the administration of justice as well as for conflict resolution over the balance of power; and,
Nowhere in the enumerated Powers of the state or federal government are the above mentioned Peoples Institutions delegated to the branches of the government to exercise authority over them, rather, the opposite is true, that these Offices are reserved and sit with the People and are independent of branches of the government; and,
Many Nevada Public Officials assert that the People of Nevada must go through the appropriate branch of government to access the remedy being sought, and are in essence, asserting that the government has authority over the process by which the People
exercise their “reserved powers”; and,
As this is an enumerated power never contemplated by the People, for if the People need the permission of the branches of the government to access the exercise of the Jural Societies reserved powers, then the branches of the government can control the outcome of the “reserved powers” by controlling the access to the “reserved powers”; and,
On the contrary, the People have not only reserved the powers to themselves, but have also reserved to themselves the process by which they are exercised; and,
The trespass by Public Officials over the “reserved powers of the People of Nevada” is an attack upon the checks and balances of our system of government, an attack upon the very foundations of our governmental system; and,
A Prudent Man will recognize the transgression and respond to this Notice and Demand in a positive way to restore the balance of power within our system of government; and,
“In the presence of the superior power, the minor power ceases.”
“A mandatory cannot exceed the bounds of his authority,”
[Jenk. Cent. 53. Bouvier 1856]
“The power which is derived cannot be greater than that from which it is derived.”
NOTICE TO RESTORE THE PEACE
Presumption of Good Faith
The Nevada Jural Society commenced these lawful proceedings according to Common Law Notice and Grace in which it is presumed that all parties to this issue are acting in Good Faith and will further act in Good Faith to restore the Peace and Dignity within the Land of Nevada; and further,
A Public Official does not retain the right to rely on silent presumptions, but has a Common Law Duty to Serve as to answering when challenged as to exercising powers not within their delegated authority; and,
That we respectfully Demand that you respond to this Notice within Thirty (30) Days of receipt according to the following remedies; and,
That we DEMAND the above-mentioned Breaches be cured by:
The appropriate Nevada Public Officials named on the title page of this NOTICE AND DEMAND, by immediately giving Orders to the appropriate Nevada Public Officials instructing them to respect the Reserved Powers of the People as identified above;
That the Nevada Public Officials named on the title page of this NOTICE AND DEMAND, request that Liaisons be appointed representing both the Nevada Branches of the government and appointed People from the Nevadan Jural Society to meet face to face or by teleconference with the Agenda being the above-mentioned Breaches;
That the Nevada Public Officials, named on the title page of this NOTICE AND DEMAND, may remedy the afore-mentioned Breaches by directing the Nevada Attorney General to deliver an Attorney Generals Directive to the appropriate Nevada Public Officials instructing them in the limits of their Office in regards to the Peoples Reserved Powers mentioned above; and,
That the Nevada Public Officials, named on the title page of this NOTICE AND DEMAND, may remedy the perpetual state of color of law emergency attempted by the federal branches of the government, by interposing the sovereignty granted them by the People of Nevada against said color of law and declare it to be the tyranny that it is; and,
That should you respond in the manner Demanded, this matter will be deemed closed and the Breach in your Oath of Office will be deemed remedied; and,
That should you refuse to respond, the People of Nevada have no alternative but to interpret your actions as a willful and deliberate attempt to take part in the Usurpation and Insurrection toward the Peoples Reserved Powers and will constitute an act of Deliberate Indifference and Silent Hostility ON THE RECORD toward the People of Nevada, who reserve the right to bring to bear the grave constitutional question concerning the Breach of your Oath of Office, exceeding your delegated authority and actions of Bad Faith by any and all appropriate Lawful measures; and,
THE BRANCHES OF THE Nevada GOVERNMENT MUST REMEDY THE ABOVE MENTIONED BREACHES OR FACE THE GRAVE CONSTITUTIONAL ISSUE THAT THEY ARE
PARTICIPATING IN THE INTRODUCTION OF OR A CONTINUATION OF A JURISDICTION FOREIGN TO Nevada, WITH THE INTENT OF OVERTHROWING THE
PEOPLE OF Nevada REPUBLICAN FORM OF GOVERNMENT; and,
Should this NOTICE AND DEMAND be ignored, the People of Nevada reserve all rights and remedies to prosecute this matter to the full extent of the Law; and,
Should any of the above-mentioned Nevada Public Officials on the title page of this NOTICE AND DEMAND ask for a reasonable extension of time during the time allotted to answer, said extension shall not be unreasonably withheld; and,
BE IT KNOWN
This NOTICE AND DEMAND by the People of Nevada is not an attempt to convict any Public Official in Nevada, it is rather, an opportunity for Nevada Public Officials to work with the People of Nevada to reverse the unintended consequences of an inherited web of deceit.
However, it is also a Line Drawn in the Sand where there is no neutral ground and to be silent is to choose to perpetuate the deceit.
The seeds of one’s destruction or reward are sown into the choices they make. Depending upon how you respond to this NOTICE AND DEMAND, will either free you or convict you according to the Natural Law. The choice before you is Freedom or Tyranny.
We the People of Nevada have acted in part in this NOTICE AND DEMAND to deal with our own liability according to the Natural Law in the above-mentioned Breaches so that we may proceed in the future with clean hands.
The DEMANDS made in this Notice are not comprehensive as we know compliance with the Demands takes time, but they are a first step and we ask you to take that first step with us.
We the People of Nevada applaud our Conservators of the Peace for taking a stand against both State and Federal intrusion and we the People of Nevada as the Nevadan Jural Society hereby stand behind them in the Performance of their Duties.
God Bless our Peace Officers in Nevada
[THE USE OF CAPITALIZATION IN THIS NOTICE IS FOR EMPHASIS ONLY]