8293 Version 1.006
Instruments of Oppression: Driver Licenses and Bar Licenses.
Driver Test?: Yes; Continuous use of license as control on unrelated activity?: No.
This subdocument is 8293 Version 1.005 This page is http://www.lawyerdude.netfirms.com/8293.html
Related pages:
Areopagitica by John Milton 1644 re printing presses: http://www.lawyerdude.netfirms.com/areopagitica.html
Lawyerdude’s list of Modern Day Instruments of Oppression: http://www.lawyerdude.netfirms.com/5724.html
Lawyerdude’s brief 3789 on the 1st amendment pertaining to bar organizations: http://www.lawyerdude.8k.com/3789.html
Fifty states conspire to control your driving by a driver license: One gives you a passport that the others honor.
Fifty states conspire to control lawyering by a lawyer license: One gives you a passport that the others honor.
Here is the problem: There has evolved a de facto system of assigned parent. Whichever state issued your driver license is essentially your driving parent. The other 49 states recognize your license. There is a lot to be said about how this system evolved. The various governments tighten their leash on you. They are your master and not your servant. Your grandfather built the roads. Some group of bureaucrats is now pimping out these roads. A complex system of cooperation between the states has evolved to conspire against you. Governments meat with other governments. They respect other states. They don’t respect you. Your servant wants to be your master. Resist!
The driver license is where the action is regarding oppression. The flux (rate of flow/ density) is greatest here. Same with the bar license a/k/a the compulsory bar or the euphemistically named “integrated bar” which is new since 1935 to 1979 (Authority: History of American Law by Professor Lawrence Friedman) depending on the particular state. Understanding the bar license helps you understand the driver license. Understanding the driver license helps in understanding the bar license.
A license is what my Dad gave Frank Canale to hunt pheasants in our corn field. My Dad had exclusive control of the corn field. He gave to Frank something that Frank did not already have. Conversely Frank already had a right to use the public roads to drive to the corn field. Frank did not need a license to drive on the roads. Frank’s ancestors and mine built those roads by hand. They belong to us. We all use them. No license is needed. Nonetheless in recent history the government by incessant stealthy encroachment has attempted to make us all register and pay money to them in the form of fees to obtain permits to do what we already have a right to do, namely: drive on the roads built by our grandfathers. Nowhere is this more clear than back in Allen township where there are actual photos and historical records of exactly whose horses pulled the wagons filled with macadam and other rocks to pave the roads.
There are 2 aspects to any permit. Use them to analyze and win.
Governments give permits for 2 reasons: 1 to tax; 2 to publish that the bearer has passed a test of competence. The latter has evolved into a mere pretext to impose the former. A permit is sometimes called a “license” by the government to deceive us and degrade the language. Generally you must pay the money and pass a test. However, the driving part of the driver test is most often waived when you renew your license. However, they do give a written test. The government can easily do a written test. Important trend: The government does as much as it can do; it uses all its power. So do humans. This is a corollary of my law of macro-psychology. Every theory in human psychology has a corollary in corporate/ government behavior. These psychological theories/ patterns should be used in courtrooms to demonstrate the evil of government oppression, but the courtrooms are on the front lines of government oppression. Ironically, the court room is both the oppressor and the weapon against oppression.
We must recognize the patterns:
1 Each government agency justifies itself and then overreaches.
2 Governments never shrink; they always grow. Even in time of peace we now have a fat standing army.
3 Whether it is a permit to drive a car or to use weed spray on your corn, the government agency will try to eat you.
Instruments of Oppression: Printing press licenses, driver licenses, bar license as proxy for laser printer license. The Bar License and the Driver License: Instruments of Oppression.
Our first amendment was written in the context of the compulsory licensing of printing presses in England - like our current new compulsory membership is the new compulsory bar. Around 150 years ago we suffered the first income tax. Similarly around 130 years before the 1st amendment our forefather suffered the English oppression of the press in the form of compulsory licensing of printing presses. In 1644 Milton wrote Areopagitica, a treatise against the licensing of printing presses, a treatise arguing the argument of the 1st amendment. Observe that the licensing of printing presses came shortly after the invention of the printing press. This is “incessant stealthy encroachment” in action 500 years ago attacking precisely what he bar attacks today: free speech and press! My laser printer is a printing press. The bar want to prevent me from printing court papers unless I pay them for the “privilege” of doing what every free man as a right to do!
From Wikipedia: http://en.wikipedia.org/wiki/Areopagitica Areopagitica: A speech of Mr John Milton for the liberty of unlicensed printing to the Parliament of England is a prose tract or polemic by John Milton, published November 23, 1644, at the height of the English Civil War. Milton's Areopagitica is titled after a speech written by the Athenian orator Isocrates in the 5th century BC. (The Areopagus is a hill in Athens, the site of real and mythical tribunals. Isocrates hoped to restore the Council of the Areopagus.) Like Isocrates, Milton had no intention of delivering his speech orally. Instead it was distributed via pamphlet, defying the same publication censorship he argued against.
Milton, though a supporter of the Parliament, argued forcefully against the Licensing Order of 1643, noting that such censorship had never been a part of classical Greek and Roman society. The tract is full of biblical and classical references that Milton uses to shore up his argument. The issue was personal for Milton as he had suffered censorship himself in his efforts to publish several tracts defending divorce (a radical stance at the time and one that met with no favor from the censors).
Interestingly, Milton is not completely libertarian in Areopagitica and argues that the status quo ante worked best. According to the previous English law, all books had to have at least a printer's name (and preferably an author's name) inscribed in them. Under that system, Milton argues, if any blasphemous or libelous material is published, those books can still be destroyed after the fact.
Areopagitica is among history's most influential and impassioned philosophical defenses of the principle of a right to free speech.
Some consider Areopagitica worth reading contemporaneously with Paradise Lost; a juxtaposition of these texts may yield an intriguing window into Milton's less-than-conventional theological tendencies.
“Books are not absolutely dead things, but do contain a potency of life in them to be as active as that soul whose progeny they are; nay they do preserve as in a vial the purest efficacy and extraction of that living intellect that bred them.
As good almost kill a man as kill a good book; who kills a man kills a reasonable creature, God's image; but he who destroys a good book, kills reason itself, kills the image of God, as it were in the eye.
And though all the winds of doctrine were let loose to play on the earth, so Truth be in the field, we do injuriously by licensing and prohibiting misdoubt her strength. Let her and Falsehood grapple; who ever knew Truth put to the worse in a free and open encounter?”
I cannot praise a fugitive and cloistered virtue, unexercised and unbreathed, that never sallies out and sees her adversary, but slinks out of the race, where that immortal garland is to be run for, not without dust and heat. - Milton. Areopagitica.
Generally speaking big animals eat the smaller ones. Governments work the same way: as soon as they get big enough they eat you. The feds have already eaten you metaphorically speaking. There is an incessant dynamic tension: you want to be free; the governments want to control you and take your money.
Most lawyers don’t care about freedom. They care about money. Most lawyers haven’t a clue about the bar. The bar is difficult to understand. It has only been compulsory since 1935 or 1979 depending on which of the 50 compulsory bars you are talking about. The bar has some traits of a cartel; both are corrupt attempts to thwart the free market, but the bar is also a government attempt to violation your constitutional rights. Definition: Cartel: a consortium of independent organizations formed to limit competition by controlling the production and distribution of a product or service; "they set up the trust in the hope of gaining a monopoly"
Instruments of Oppression: Crimes of Possession and non-Possession
Possession and non possession. By defining the crime in terms of possession, the ever-encroaching governing class makes their prosecutorial job easier. They have thus eliminated one of the two elements of every crime. They have eliminated men re. Now the jury may no longer free you because you are innocent. If you had the drugs you are guilty. If you did not have a driver license you are guilty. I tell you this because it took me some time to see the big picture.
Review and Perspective: Top 9 Modern Day Instruments of Judicial Oppression.
This is subdocument a portion of the longer list at www.lawyerdude.netfirms.com/5724.html Version 1.104
1 Failure of the court to deliver a transcript to you is oppressive! Today you have a right to an e-transcript! See California rule of court rule 4f4. Accept no substitute. Demand that the court stop until they catch up with the transcript. That is what we did in Charlie’s case! Here is that motion: http://www.lawyerdude.netfirms.com/5827.html http://www.lawyerdude.netfirms.com/5685.html Here is Charlie’s case: http://www.fu.gq.nu/charlie.html Your right to a transcript is based on Griffin and MLB v SLJ: Griffin v Illinois 1956 http://www.circuitlawyer.8m.com/griffin.html ; MLB v SLJ 1996: http://www.circuitlawyer.8m.com/mlb.html Remember this: O.J. Simpson got his trial transcripts that same day! Demand the O.J. standard in all things!
2 Elimination of mens re using crimes of possession (of drugs) non-possession (of bogus driver license) and their inherent strict liability is oppressive and new. My remedy: demurrer, motion to quash.
3 Refusing to permit you to be released O.R. is oppressive. Holding you on excessive/ unworkable bail until you plead guilty is oppressive and unconstitutional. They did this to Nick Tilberg, to Ron Fox, to me, and to thousands of folks every day! My remedy: PC 1318 motion and the specific O.R. statute in each state. Sometimes it is called P.R. Ron Fox found the 180 day rule in Michigan and wrote his way out of jail while his appointed lawyer did not know how to do it.
4 Offering a plea to a lesser offense when there is no factual basis is oppressive. This is standard procedure every day in every court in America! That is what they did in the Ron Fox case: http://www.lawyerdude.s5.com/ignace.html
5 If you are paying the bill then you have a right to the lawyer of your choice. Lawyers are not fungible! http://www.lawyerdude.netfirms.com/choice.html The Supreme Court addressed that issue in 2006.
6 Jamming you up by not giving you your requested 4 week continuance is oppressive. Another tactic is ordering that your motions be heard on the morning of your trial. Remedy: remind the court of the O.J. standard. We never heard Judge Lance Ito say to Johnny Cochran that O.J.’s motion would be heard on the morning of trial. Having watched the O.J. trial and the Michael Jackson trial we all know now how real trials work. Demand the O.J. standard!
7 Public Defenders are instruments of oppression. They are sales agents for the prosecutor ! They are not required to write anything! Even if they sleep during your trial the courts have held that it is okay! Demand my new standard of performance! http://www.circuitlawyer.8m.com/5635.html
8 Failure of the court to inform you of all your rights is oppressive. In particularly they don’t tell you about your right to demur in California - or anywhere!
9 Statutes of limitation are oppressive. Congress assigned no statute of limitations to Section 1983 and the federal courts borrow from state law; this instrument of oppression may eventually go away - if you make it go away.
Subdocument 8205 12/14/06. http://www.lawyerdude.netfirms.com/8205.html
Main Discussion of Malum Prohibitum Crimes, Non-mens re crimes, inchoate offenses, crimes of contraband possession:
There are two elements in every crime: 1 the act; 2 the evil intent. We punish people for doing what they know is wrong. Malum Prohibitum crimes eliminate the 2nd element. Malum Prohibitum law punish a person even though he intended no wrong.
Malum Prohibitum crimes violate the fundamental definition of a crime.
All traffic crimes are malum prohibitum.
All drug crimes are malum prohibitum.
Many sex crimes are malum prohibitum.
The true crimes have been known since the beginning of civilization. They show up in the Ten Commandments and other treatises on morality. The malum prohibitum crimes are a product of the police/ prison lobby and began to show up in the early 20th century.
Unconstitutional Elimination of Mens Re: Sexual Battery
Sexual battery is the touching of the penis, vagina, or tits of a minor even if it is an accident. Under this law you could accidentally bump into a minor at the grocery store and be prosecuted even though you intended no harm. A law such as this is overbroad and generally unconstitutional because it vests unbridled discretion in the hands of the police. The law is intended to snag sex “offenders” who have committed no actual crime. Example: Police are informed that a naked boy came out of an adult’s house and that he has a venereal disease. Investigation reveals that the child was taking a bath when his coke head father knocked on the door of the accused. The accused adult was doing a good deed. Tests reveal that the adult does not have any venereal disease. The police may allege that the adult touched the child however innocently. Now they hold this over his head. Usually the accused is in jail until he resolves the case.
Case #2: Actual case: The brain-injured accused has a little known condition where he fondles his wife in his sleep. He stays overnight at his brother’s house on the occasion of their grandmother’s funeral. The brother’s daughter jumps into bed while he is sleeping. He fondles her outside her bed clothes. She departs while he continues to sleep. Four months later she mentions it to her mom. The case drags on for 3 years with none of the 9 lawyers involved knowing anything about this condition similar to sleepwalking. They invite the accused to plead guilty and serve no jail time. Although they could have used a sexual battery statute, they chose to accuse him of “attempt” even though he could not possibly have attempted anything while he was sleeping.
Most statutes make a specific exception for doctors and nurses. This is a prime example of the distortion of the law by the legislature at the behest of the police lobby.
Sexual battery is the fallback. If the element of “mens re” in a sex crime is missing, then police can use “sexual battery” as the accusatory statute because this malum prohibitum crime is defined without the element of intent.
Public Defenders don’t know how to win by using pre-trial motions. They want to make deals and go to trial. They would not think of challenging a statute. However the tools to win against the instrument of oppression called the “sexual battery” statute are the tools explained in my flow chart. There are a multitude of pre trial motions. There is a remedy.
In New Orleans you may win your old case by sitting still long enough. Recently a murderer was released because his crime was not brought to trial within 3 years. Once again, the state lost its sense of priority. They let the murderer go. They continue to prosecute traffic tickets at full force.
If you have to ask then it should not be a crime.
The true inherently evil crimes have been with us forever. In fact they have a special name in law: “inherently dangerous crimes.” They are: murder, manslaughter, rape, robbery, arson, mayhem, burglary. You need not explain to a child why these are illegal - unless the child is a psychopath. By comparison try explaining to a child why Lawyerdude got arrested on his farm by the FBI on May 14, 1999 for having written a legal document. The document is depicted here: http://www.circuitlawyer.8m.com/2871.html .
Malum Prohibitum includes: License laws, drug laws, sex laws, driving laws.
No human complains about these crimes. No human asked that the laws be passed. They were passed at the behest of corrupt lobbyists paid by the police industry. Example: The Nixon Omnibus Crime Act of 1968 drastically revised the drug laws. The president has no business writing laws. Writing laws is the function of the Legislature.
Malum Prohibitum laws are often forced on the state legislature by the federal legislature.
Most people don’t know that Megan’s laws are mandated by the federal government. The state passes them because of unconstitutional ultra vires action by Congress. Ideally the state legislature would respond to the wishes of the state citizens as reflected in letters and emails. However, legislators do not answer emails - and they respond to corrupt lobbyists, corporations, and other governmental agencies - exactly the entities that they are not supposed to respond to.
Malum Prohibitum crimes are also “victimless crimes”; the state has grown up and wants to control you.
Have you even called the police and found that they are not interested. “All we can do is” is a big part of that conversation. The paradigm of police nonresponsiveness is the story from Skidmore, Missouri about a town bully named Ken McElroy. He shot two people over the course of the years. He made a living stealing pigs, cows, and other property from farmers, but he never served time for these crimes. The police made all sort of excuses and ignored other crimes including shooting a shotgun late at night in the driveway of his victims to intimidate them. However, these same police were vigilant about catching speeding cars by using a helicopter and a car on the ground. The police industry punished people for speeding but permitted Ken to shoot people and steal their stuff. They caught him but he always was released on a tiny bail. Even when McElroy pointed a shotgun in the face of a state trooper, the police did not give him a ticket. They permitted him to intimidate witnesses and attempt to intimidate jurors. The police industry was unable to handle the true crime. However, the police industry did enforce the malum prohibitum traffic offenses of the innocent farm folks who were the victims of the evil criminal.
Eventually the town rose up. They had a meeting around 10 a.m. on July 10, 1981 and within minutes they shot McElroy dead. Nobody was ever prosecuted for the crime. Brian Dennehy portrayed Ken McElroy in the movie. The book is called “In Broad Daylight” and is available for pennies at Amazon.com .
The entire range of malum prohibitum crimes of possession is new and wrong.
Possession of contraband is the subject of cop shows on TV. The only possession crime that is valid is the crime of possession of stolen property. All other possession crimes are new and are malum prohibitum.
Removing an element and defining a new crime; just a shell game
All the cop need prove is that you had it in your home/ car/ office. This pertains to drugs and pornography mainly, but if we enter the true cop world of prisons and jails we see the inflation of the term “contraband.” Now an extra roll of toilet paper is contraband. That 8th book from the library is contraband because jail rules permit only 7. A cop world is exemplified in jail. There are constant reminders that the police lobby would create a much worse society but for the dynamic tension created by those who litigate against oppression. Although people say we have “Don Quixote Syndrome” we simply hate the police state.
In the realm of Malum Prohibitum the police can use decoys because there is no actual harm
Because the commission of Malum Prohibitum crimes poses no threat, police rack up cop points by persuading people to commit Malum Prohibitum crimes. Which is easier: 1 trying to solve a murder; or 2 ensnaring a drug seller by pretending to be a drug buyer. Of course, the latter is easier. You know where the “crime” will happen because you, the cop, are instigating the crime. The justification is that you are getting an evil person to prove that “he would have done this crime”. However, that “would have” loses its strength when you remember that it is almost exclusively applied to inchoate crimes including malum prohibitum crimes.
Because they generate more police statistics per man hour, they make the police appear more effective. Therefore the police focus on what makes them look good.
Inchoate offenses include attempt, conspiracy, and solicitation - and, says Lawyerdude, all malum prohibitum crimes.
From http://www.dictionary.com we learn that “Inchoate” means
1 a : not yet made complete, certain, or specific : not perfected —see also inchoate lien at LIEN b : not yet transformed into actual use or possession <until an employee has earned his retirement pay…[it] is but an inchoate right —Peterson v. Fire & Police Pension Assn., 759 Pacific Reporter, Second Series 720 (1988)
2: of or relating to a crime (as attempt, solicitation, or conspiracy) which consists of acts that are preliminary to another crime and that are in themselves criminal
By definition an inchoate crime is not complete. Only by encroachment, legal fiction, distortion of the language, and corruption of the legislature does an inchoate crime become converted into a choate crime.
We all can justify punishing the person for solicitation of murder.
Talking sex with an adult pretending to be a child
There is a television show where some preachy non-lawyer guy films men who visit him thinking that he is a young woman looking for sex. The television show hired a young looking woman as a decoy. Even though the woman is over 18 the police arrest the man because he believed the police lie.
This silliness is only possible because of the error of allowing malum prohibitum crimes.
Double Delta theory and its opposite: Penumbra theory. Application to inchoate crimes.
My theory says the following: Malum Prohibitum crimes are already inchoate. An attempt to commit an inchoate crime should not be a crime. However, because the commission of Malum Prohibitum crimes poses no threat, police rack up cop points by persuading people to commit Malum Prohibitum crimes. Police therefore distort reality by creating the false impression that there has been an increase the crime rate. No, there has only been an increase in the number of previously uncriminal acts that are now crimes by action of inflation. There is no incentive to stop this trend. The police industry corruptly lobbies the legislature. The legislator/ demagogues pander to the worst in us by passing tough crime laws that they may not actually believe in.
A related evil is the legislative attempt to prevent common crimes by inflating the crime to a felony. This stands logic on its head. By logical extension of this logical fallacy, the most commonly occurring crimes would all be felonies. The police have a hard time persuading people to stop spitting on sidewalks so they simply make it a felony.
In mathematics there is a theory that says that two delta’s multiplied together are negligible. Delta in that theory is used to represent a small ratio. Conversely one of the most liberating legal concepts is penumbra theory. Penumbra theory says that a minor personal right/ freedom becomes a major personal freedom when combined with another minor personal right freedom. The term originated in the case of Griswold v Connecticut (1965) 381 US 479, 85 S.Ct. 1678, 14 L. Ed.2d 519 http://www.circuitlawyer.8m.com/griswold.html Doctor Griswold vicariously asserted the privacy rights of his client to escape the “crime” of handing out birth control pills. The court held that married people had a right to use these illegal drugs called “birth control pills”. The Supreme Court later upgraded the Griswold rights by making them available even if you are not married. This later case is Eisenstadt v. Baird, 405 U.S. 438, 453 (1972) which came at about the same time that the court reached its high water mark for Due Process in the case of Bell v Burson (1971) 402 US 535, 29 L Ed 2d 90, 91 S Ct 1586, http://www.lawyerdude.netfirms.com/bursonb.html .
My point is this: Malum Prohibitum crimes are already inchoate. An attempt to commit an inchoate crime would be a “double delta” situation because the crime would be inchoate in two different ways.
Logically this would make us more comfortable because we could not justify using a decoy to sting a person who solicits murder. At the same time we would eliminate most of the inchoate offenses and malum prohibitum crimes.
We could and should eradicate the statutes that defined malum prohibitum crimes; we could start by eradicating the statutes that define doubly inchoate crimes.
Some examples of doubly inchoate crimes from actual cases are:
1 “attempted possession of cocaine” ;
2 “attempt to make a date in person with a young looking 19 year old adult woman posing as a minor”
3 “Solicitation of prostitution”
All of these inchoate “crimes” are orchestrated by the police to intimidate you. This practice constitutes terrorism although the word “terrorism” is reserved for those whose activities act against the current regime. One man’s terrorist is another’s freedom fighter.
Deadwood, South Dakota in 1876 had no laws; they flourished. They tried their murderers.
In 1876 they found gold and they finished removing the Indians. The Dakotas would not be states until 1889. I have been watching the television series on the internet and reading about it on Wikipedia.
All police activity is parasitic. The people who exploit other people can do it better with the police to help them.
The National Guard has historically done only two things: 1 they intentionally murdered 4 innocent students at Kent State University in Ohio; 2 they intentionally killed many strikers. The strikers could have peacefully prevailed at the great Homestead steel strike in July, 1892,in Homestead, Pennsylvania, but the robber baron Carnegie snuck the Militia into town keeping both sides ignorant of the other. He created a war of pawns under his control. Historian Howard Zinn writes about the concept of creation of instruments of oppression of the individual. Wikipedia covers it also.
Conclusion: Malum Prohibitum Crimes are an instrument of oppression. This book shows you how to successfully resist this instrument of oppression.
7834 Version 1.008
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When I was a child we Catholic kids had to memorize answers from the Baltimore Catechism. Then we would receive the sacrament of confirmation. The Bishop would administer that sacrament. He would ask us some questions first. Memorization is work. Therefore we don’t memorize anymore and we don’t learn. Wanna learn law? Here is my catechism.
1. What is a remedy? A remedy is a time honored method to correct a legal wrong. For every wrong there is a remedy.
2. How do I execute the remedy for my legal situation? I execute the remedy for my legal situation by searching for the remedy and filing papers with my local court.
3. Who can . . .
Version 1.010 Crass Promotional Links: Upgraded Friday, June 23, 2006 Upgraded October 4, 2006.
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