Richard Wilson Reserved for Clerk’s Filing Stamp.
2111 East Santa Fe #274, Olathe Kansas 66062. Version 1.001 filed 5 Feb 2007.
913 302 8693 Ruled in driver’s favor 5 March 2007.
Wilson won temporarily. This motion was advanced from March 13th to March 5th. On March 5th Judge Richard Smith ruled in Wilson’s favor and gave the prosecution 21 days to properly file an actual complaint and serve it on my client Richard Wilson. Richard has been receiving his e-transcripts also.
This document is http://www.lawyerdude.netfirms.com/8332.pdf , http://www.lawyerdude.netfirms.com/8332.html , http://www.lawyerdude.netfirms.com/8332.doc and http://www.lawyerdude.netfirms.com/8332.wpd
Court of the 6th Judicial District Court of Kansas
Court of Judge Richard Smith
318 Chestnut, Mound City, Kansas 66056
913-795-2660 Fax: 913-795-2004
Ann Ware, Clerk; Lori Simmons, Deputy Clerk.
http://www.kscourts.org/dstcts/6dstct.htm
Clerks Ann Ware and Lori Simmons, having unlawfully usurped the prosecutorial function that is solely the province of the elected prosecutor, dba under false color of law and corrupt legal fiction as “The People of Kansas”
Plaintiffs
v
Richard Wilson, one of the actual People of Kansas.
DefendantCase Number 06jTR 947
1st Substantive Motion for Defendant.
Document #8332 Version 1.004
Demand to Quash due to the clerk’s having usurped the power of the prosecutor and for failure to file a complaint.
Demand for recordation by a stenographic court reporter.
Demand for prompt e-transcript of every hearing by email to my address shown above.
Date: Tuesday 13 March 2007. (Advanced by Judge to 5 March.)
Time: 9 a.m.
Place: 318 Chestnut, Mound City, Kansas
Demand to Quash
To the clerk of court who has usurped the role of the prosecutor by filing a ticket in this case thereby initiating prosecution and bypassing the prosecutorial function: At the venue designated in the caption or at such other venue as the court shall designate, I will demand that the court dismiss this case. You are not a prosecutor. You work for the court; the court’s job is to be a neutral judge - not a prosecutor. The inquisition ended some years ago. You have done the work of the prosecutor and yet you don’t do my work. You should be neutral; you are not. “Equal Protection of the Law” is the law.
Signed _________________ Richard Wilson. Monday, February 5, 2007.
Table of Contents begins on next page.
Contents of this Demand to Quash/ Dismiss:
Notice of Concurrent and Upcoming Motions and Demands
Clerk has unconstitutionally usurped function of prosecutor; Dismissal is my remedy.
Police officer has usurped the clerk’s role.
Table of Authorities and Fountains of Liberty cited herein:
U.S. Constitutional Clauses Cited herein:
The Kansas Constitution. Clauses cited herein:
The Missouri Constitution. Clauses cited herein:
Washington Constitution. Clauses cited herein:
Illinois, California, and other Foreign Constitutions rightfully cited herein:
Table of Statutes cited herein:
Independent State Grounds: This ticket was intended to abridge my right to petition and elect.
Under U.S. Constitution IV, 2, I am entitled to Georgia, Illinois, and California rights
Fountains of Liberty: Magna Charta, 1948 Universal Declaration of Human rights.
I am a beneficiary of the rights declared by the California constitution.
The clerk is acting as prosecutor; that is wrong. Dismissal is the remedy.
Declaration of Attorney Douglas Palaschak regarding Summonses
A ticket can never be a summons.
A defendant may appear by motion.
Permitting Police to Summon me to court denies Equal Protection Under the Law
You are Equitably Estopped from Presuming a Waiver of Jurisdictional Challenge.
Pleadings of Pro Se Litigants must be given some leeway
Special Scrutiny and Prosecution for those who know the law denies equal protection.
Appendix 1: Text of Statute 8-235
Appendix: Kansas Bill of Rights
Appendix: Washington Constitution
Notice of Concurrent and Upcoming Motions and Demands
1. I will be filing a motion to suppress all evidence in this case.
2. Regarding the Pretextual Stop using the instrument of a vague and overbroad statute, I will be challenging the statute should that issue arise. All traffic laws are merely recommendatory. Otherwise the statutes would be oppressive. I will be moving in that regard.
I was attending a meeting pertaining to the recall of my candidate on the county board. Without probable cause Officer Paul Filla signaled me to stop. Filla intended to intimidate me for my having attended the political meeting. Filla gave me a ticket for driving without a license.
Clerk has unconstitutionally usurped function of prosecutor; Dismissal is my remedy.
There was no legal basis for this traffic stop/ ticket. Even if there were a basis for the stop, a prosecutor would be required to make the decision to prosecute - not this clerk. A prosecutor would have an ethical duty to reject this case. However, the clerk, being uneducated in the law violates my rights when she usurps the prosecutorial role as she has done here. Furthermore the clerk is biased in this case by loyalty to her employer. Money from my fine would be added to the fund that pays her. She has thereby caused the court to be unconstitutionally biased. See for example: Tumey v Ohio (1927) 273 U.S. 510. In this prohibition era case, the city received $5 for each conviction. The Tumey case can be see at: http://www.lawyerdude.8k.com/Tumey.html
Police officer has usurped the clerk’s role.
There has been a reciprocal usurpation. Ironically the police officer usurped the clerk’s function which is to summon people to court only after there is a case filed by a duly authorized person. There was no such complaint/ case when the usurpatious officer issued the faux, spurious summons/ ticket to me appear in court. My remedy is this motion to Quash.
To this date, I have been served neither a valid summons nor a verified complaint. I therefore demand dismissal. I demand that this court recognize that I have neither been properly summoned to court nor properly prosecuted by an authorized prosecutor. Instead a mere police officer performed the legal nullity of serving me a substitute for a summons. The officer has no authority to summon me to court; issuance of a summons is the duty of the clerk. The officer may not ordain himself a clerk even if the legislature so deems.
The clerk, who would ordinarily issue summonses, now elevates herself to the position of prosecutor by prosecuting this case without the requisite legal formality of a complaint signed by a complaining party/ witness. This is classic stealthy incessant encroachment. Only a prosecutor may lawfully file a complaint. The clerk may not ordain herself to the status of prosecutor.
Usurpation denies me Due Process. Both the federal and Georgia constitution guarantee me due process.
By stealthy encroachment our oppressive governments encroach. Corporations including governments enjoy eternal life and infinite wealth. They tell the lie over the course of generations. My children do not know the lie that the government told my parents. This truth about the lie is most obvious regarding income taxes. They were sold to Americans around 1909 as a tax that would never tax the wages of the working man. Example 2: In 1903 the federal government usurped the power of our various state militias by creating the National Guard and seizing control of the militias by co-opting/ incorporating them.
Every court wants to be a profit center. They incorrectly claim to be working for the greater good but they are not. Like all corporations they exist to serve their own; they thus create “the governing class” which is a parasitic class. Traffic tickets are the bite of these parasites. The city justifies traffic tickets as a means to raise revenue. In New Orleans the Public Defender is paid from revenue from parking meters.
In American the individual is king. All the aforementioned usurpations are destructive of our great country.
So now we have a dynamic tension: the struggle between the individual human and the corporate/ government for hegemony. Today the various governments have sent forth swarms of employees to eat up all our wealth.
This will not stand.
Table of Authorities and Fountains of Liberty cited herein:
U.S. Constitutional Clauses Cited herein:
Article IV, Section 2.: The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 1
Commerce Clause/ interstate commerce 1
Due Process Clause 1
Equal protection clause of the 14th amendment 1
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. - Privilege and Immunities Clause of the 14th amendment. 1
The Kansas Constitution. Clauses cited herein:
Kansas Bill of Right: § 3. Right of peaceable assembly; petition. The people have the right to assemble, in a peaceable manner, to consult for their common good, to instruct their representatives, and to petition the government, or any department thereof, for the redress of grievances. - Kansas Constitution. The Kansas Bill of Rights is found at: http://www.skyways.org/KSL/ref/constitution/rights.html 1 2
Kansas Bill of Rights. Entire Kansas bill of rights is appended hereto. 1
Kansas Statute 8-235. Driver license law. Printed in full in the appendix. Found at the following hyperlink: http://www.kslegislature.org/legsrv-statutes/getStatuteInfo.do 1 2 3
The Missouri Constitution. Clauses cited herein:
Washington Constitution. Clauses cited herein:
The unnecessary delay clause: Justice in all cases shall be administered openly, and without
unnecessary delay. 10 years elapsed in this case. Dismissal is mandated.
1
Washington Constitution. The Washington Bill of Rights is appended to this motion. 1
Treaty. 1948 Universal Declaration of Human Rights“Article 20(2) No one may be compelled to belong to an association.” http://www.lawyerdude.netfirms.com/8213.html 1 This treaty, the 1st amendment, the 6th, and the 14th amendments preclude the regulation of the practice of law by non-government lawyers. 2
Illinois, California, and other Foreign Constitutions rightfully cited herein:
California constitution: Section 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. http://www.leginfo.ca.gov/.const/.article_1 1 http://www.leginfo.ca.gov/const-toc.html 2 3
Illinois constitution. Section 6. Searches, Seizures, Privacy, and Interceptions: The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized. 1
Illinois Constitution. Section 1. Inherent and Inalienable Rights: All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed. 1
Illinois Constitution: Section 2.Due Process and Equal Protection. No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws. 1
Table of Statutes cited herein:
PC 949. The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law. 1
Penal Code§ 740 states as follows: Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant. 1
People v Dragomir Feb 14, 2006 http://www.lawyerdude.netfirms.com/Dragomir.html 1 2
Haines v Kerner (1972) 404 U.S. 519 (1972) Http://www.lawyerdude.netfirms.com/haines.html 1 Pleadings of Pro Se litigants are entitled to some leeway. Haines v Kerner (1972) 404 U.S. 519 (1972) Http://www.lawyerdude.netfirms.com/haines.html 2 This ruling is consistent with statutes in nearly all jurisdictions. The law is not a trap for the unwary. For every wrong there is a remedy. 3
People v Carlucci 1979 http://www.lawyerdude.8k.com/Carlucci.htm 1
http://www.lawyerdude.netfirms.com/carlucc.html 2 3
Tumey v Ohio (1927) 273 U.S. 510. In this prohibition era case, the city received $5 for each conviction. http://www.lawyerdude.8k.com/Tumey.html 1 The clerk has usurped the prosecutorial function - for profit. 2
The accusatory statute, 8-235 is printed in full in the appendix.
Independent State Grounds: This ticket was intended to abridge my right to petition and elect.
Kansas Bill of Right: § 3. Right of peaceable assembly; petition. The people have the right to assemble, in a peaceable manner, to consult for their common good, to instruct their representatives, and to petition the government, or any department thereof, for the redress of grievances. - Kansas Constitution
Under U.S. Constitution IV, 2, I am entitled to Georgia, Illinois, and California rights.
Under the constitutional concept of “dual federalism” we are all beneficiaries of at least two constitutions, to wit: state and federal.
The federal constitution and the common law invest us with additional rights as follows:
All people in all states, including Washington, are entitled to the rights of Californians, except the right to vote in California state and local elections, which, or course, is reserved to California citizens. That is why I cite California law herein.
U.S. Constitution: Article IV, Section 2.: The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
The officer violated the Privileges and Immunities Clause of the 14th amendment which states:
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. - Privilege and Immunities Clause of the 14th amendment.
Fountains of Liberty: Magna Charta, 1948 Universal Declaration of Human rights.
We struggle to “find” the law. Example: A lawyer need not change his bar license upon entering a sister state. Once he has passed his test he has proven himself. Compulsion to join the compulsory bar violates the compulsory association clause of the 1948 Universal Declaration of Human rights
“Article 20(2) No one may be compelled to belong to an association.” - Treaty. 1948 Universal Declaration of Human Rights. http://www.lawyerdude.netfirms.com/8213.html
Likewise I need not re-register my car every 60 days. Such a requirement violates so very many clauses in the various fountains of liberty. Example: To do so imposes an undue burden on interstate commerce. Both lawyers and drivers are subjected to ever tightening reigns of state governments. Governments by stealthy encroachment over the course of generations seek to fatten the corporate bureaucracies and extract greater percentages of the wealth of the citizenry which they view as their subjects. In the beginning we sought government to provide law and order - not to enslave and rule us. Consider the portentous words of “our” Illinois constitution. By terms of the U.S. constitution, we free people of every state are beneficiaries of the liberating clause of the constitutions of Illinois and California as well as our own. We have 51 fountains of liberty from which to drink:
Illinois Constitution. Section 1. Inherent and Inalienable Rights: All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed. - Illinois Bill of Rights.
There are 50 state constitutions. It is interesting to compare them and investigate their derivation. Consider the flowery language of the first paragraph of the California Constitution which is constantly under attack by Republicans shaming Lincoln and attempting to curtail our rights by, for example, limiting our own search prohibition so that it is no stronger than the 4th amendment. Here is that first flowery meaningless clause:
California constitution: Section 1. All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. http://www.leginfo.ca.gov/const-toc.html
I am a beneficiary of the rights declared by the California constitution.
I was exercising my California defined Section 1 rights as a free and natural human when the police officer unconstitutionally violated my rights to enforce his institutional corporate prejudice against drivers. My remedy is dismissal. Do it.
Our Illinois constitution forbids unwarranted searches.
Illinois constitution. Section 6. Searches, Seizures, Privacy, and Interceptions: The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized.
I have addressed the search issue in a concurrent motion listed at another section in this brief.
The clerk is acting as prosecutor; that is wrong. Dismissal is the remedy.
This argument is based on the Due Process Clause of the U.S. constitution.
This argument is based on independent state grounds. The Illinois constitution makes it sound as though we created the government to serve us, not to govern us:
Illinois Constitution: Section 2.Due Process and Equal Protection. No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws.
By stealthy encroachment over the course of generations, all governments and other corporations encroach upon the personal freedoms of humans. The human lives only 75 years. The father fails to warn the grandchild of the lies of the corporation. The lie remains unchallenged generations later due to human ignorance and mortality. The immortality of the corporation gives the government opportunity to encroach as such a speed as to be imperceptible by a single generation of humans.
The summons was originally a document issued by a civil court only after the civil prosecutor had made a decision to prosecute. As the court corporations became fatter they ordered the litigants: “write our summonses and bring them to use for signature”. Their fellow government minions in the legislature wrote the corresponding rules.
Then the courts saw the money flow and realized that they should promote the traffic ticket game by processing the tickets without a prosecutor.
The court recognized the power it wields in criminal case. If they converted a civil action into a criminal action they could then change their posture to an inquisitorial posture.
This is unconstitutional. The remedy is dismissal. Only a prosecutor can prosecute a criminal offense. This is not an administrative tribunal. If it were, there would be a hearing officer or administrative law judge.
The prosecution may not be done without any prosecutor. People v Carlucci 1979 http://www.lawyerdude.8k.com/Carlucci.htm http://www.lawyerdude.netfirms.com/carlucc.html People v Dragomir Feb 14, 2006 http://www.lawyerdude.netfirms.com/Dragomir.html
Declaration of Attorney Douglas Palaschak regarding Summonses
I, Douglas Palaschak, declare the following under penalty of perjury: I am an Engineering Graduate of the University of Illinois, Urbana, where I was an honors student. I marched in “The Marching Illini”,the world’s undisputed Premiere Marching Band. I began my career as a Registered Professional Engineer having consulted for the U.S. Navy, Mobil, and Exxon. My expert testimony resolved a personal injury case where my calculations proved that a hydraulic accumulator could not contain sufficient oxygen for combustion to have overloaded the failed bolts.. This tended to prove that the cause of the explosion was a failed hydraulic safety valve.
I conceived and designed subsea machinery for the U.S. Navy. I performed the buckling analysis for the riser tubes and contributed to the design of the giant seafloor template for a quarter mile tall oil rig presently in service in the North Sea.
I have been a licensed lawyer for nearly a quarter century. I publish approximately 1200 legal articles on the internet. My areas of expertise are:
Licenses, Rights, and Privileges, and their use as Instruments of Oppression,
Criminal Defense,
Internet-driven Improvements in the Efficiency of Litigation,
Empowerment of Pro Se Litigants,
Bankruptcy.
My most recent book is on the subject of Pre-trial Criminal Litigation of Malum Prohibitum Crimes. It is available by mail order via the internet.
A ticket can never be a summons.
A summons is required for the court to gain jurisdiction. A summons is a notification from the court addressed to the defendant in a pending case. A ticket is never a summons despite the intentions of the legislature. When a person write a ticket there is no pending case. There will be no pending case until a prosecutor has made a decision to prosecute. Then the prosecutor files a complaint. Only then is a summons possible. There is then a pending case. I would then have the opportunity to settle the case with the prosecutor. Most traffic courts today permit the clerk to prosecute the case. This practice is unconstitutional. It is an example of denial of equal protection. I would like the clerk to be working on my side of the case. The clerk has demonstrated a bias for the prosecution. Also, the clerk is paid by the money earned by the ticket that she prosecutes.
Your sloppy paper forms in this age of computers bespeak the fill-in-the-blank facade of this court. You are a mockery to justice.
No. This will not stand.
- Douglas Palaschak Friday, January 5, 2007.
A defendant may appear by motion.
I need not appear in person but may appear by motion. I have appeared as agreed by my signature on the notice to appear by entering this motion to quash.
The ticket is no kind of summons. To call it a summons is to redefine fundamental terms in the middle of the game. This denies me due process. Changing the terms is a common instrument of oppression. See the entire list of Modern Day Instruments of Oppression at:
http://www.lawyerdude.8k.com/5724.html
Permitting Police to Summon me to court denies Equal Protection Under the Law
When I want to sue the police I must jump through the hoops of a summons and complaint and filing fee. Conversely when he wants to “sue” me he uses his ticket book. Then the clerk prosecutes for him. Wouldst that my lawsuits against the police were that quick and easy. That difference denies me equal protection under the law. Your process violates the equal protection clause of the 14th amendment. My remedy is dismissal. Do it.
The Legislature may not give Police the Power to Summon and may not give Clerks the power to prosecute.
Penal Code§ 740 states as follows:
Except as otherwise provided by law, all misdemeanors and infractions must be prosecuted by written complaint under oath subscribed by the complainant.
PC § 949 states as follows:
The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law. - PC 949
All criminal law follows the ancient common law. The statute merely codifies and distills what is already the law.
You are Equitably Estopped from Presuming a Waiver of Jurisdictional Challenge.
You have no jurisdiction over me. There is no controversy. The police and clerk may not prosecute.
Pleadings of Pro Se Litigants must be given some leeway
Pleadings of Pro Se litigants are entitled to some leeway. Haines v Kerner (1972) 404 U.S. 519 (1972) Http://www.lawyerdude.netfirms.com/haines.html This ruling is consistent with statutes in nearly all jurisdictions. The law is not a trap for the unwary. For every wrong there is a remedy.
Special Scrutiny and Prosecution for those who know the law denies equal protection.
You may not now subject me (and only me) to prosecution by a prosecutor. To do so would punish me with special scrutiny for having performed this public service as a Private Attorney General. Though your purpose be masked as efficiency it is in truth mere corruption and fraud. You must dismiss my case now.
Signed _________________Richard Wilson. Monday, February 5, 2007
I, Richard Wilson, served this document upon the clerk, who has usurped the power of the prosecutor in this case. I served the clerk at the filing window by hand delivery in court on this day.
Signed ______________________ Monday, February 5, 2007
Appendix 1: Text of Statute 8-235
Chapter 8.--AUTOMOBILES AND OTHER VEHICLES
8-235. Licenses required; city license, when; appeal from denial of license; vehicles registered under temporary permit; penalty; motorized bicycle driver's license. (a) No person, except those expressly exempted, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license. No person shall receive a driver's license unless and until such person surrenders or with the approval of the division, lists to the division all valid licenses in such person's possession issued to such person by any other jurisdiction. All surrendered licenses or the information listed on foreign licenses shall be returned by the division to the issuing department, together with information that the licensee is now licensed in a new jurisdiction. No person shall be permitted to have more than one valid license at any time.
(b) Any person licensed under the motor vehicle drivers' license act may exercise the privilege granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any local authority. Nothing herein shall prevent cities from requiring licenses of persons who drive taxicabs or municipally franchised transit systems for hire upon city streets, to protect the public from drivers whose character or habits make them unfit to transport the public. If a license is denied, the applicant may appeal such decision to the district court of the county in which such city is located by filing within 10 days after such denial, a notice of appeal with the clerk of the district court and by filing a copy of such notice with the city clerk of the involved city. The city clerk shall certify a copy of such decision of the city governing body to the clerk of the district court and the matter shall be docketed as any other cause and the applicant shall be granted a trial of such person's character and habits. The matter shall be heard by the court de novo in accordance with the code of civil procedure. The cost of such appeal shall be assessed in such manner as the court may direct.
(c) Any person operating in this state a motor vehicle, except a motorcycle, which is registered in this state other than under a temporary thirty-day permit shall be the holder of a driver's license which is classified for the operation of such motor vehicle, and any person operating in this state a motorcycle which is registered in this state shall be the holder of a class M driver's license, except that any person operating in this state a motorcycle which is registered under a temporary thirty-day permit shall be the holder of a driver's license for any class of motor vehicles.
(d) No person shall drive any motorized bicycle upon a highway of this state unless: (1) Such person has a valid driver's license which entitles the licensee to drive a motor vehicle in any class or classes; (2) such person is at least 15 years of age and has passed the written and visual examinations required for obtaining a class C driver's license, in which case the division shall issue to such person a class C license which clearly indicates such license is valid only for the operation of motorized bicycles; or (3) such person has had their driving privileges suspended and has made application to the division for the issuance of a class C license for the operation of motorized bicycles, in accordance with paragraph (2), in which case the division shall issue to such person a class C license which clearly indicates such license is valid only for the operation of motorized bicycles.
(e) Violation of this section shall constitute a class B misdemeanor.
History: L. 1937, ch. 73, § 2; L. 1949, ch. 104, § 2; L. 1959, ch. 49, § 2; L. 1961, ch. 52, § 1; L. 1969, ch. 51, § 1; L. 1975, ch. 36, § 5; L. 1976, ch. 42, § 2; L. 1977, ch. 28, § 3; L. 1987, ch. 45, § 1; L. 1989, ch. 38, § 20; L. 1991, ch. 36, § 5; L. 1993, ch. 154, § 2; L. 2000, ch. 179, § 7; July 1.
Kansas State Capitol - 300 SW 10th St. - Topeka, Kansas 66612
Appendix: Kansas Bill of Rights.
The Kansas Bill of Rights is found at: http://www.skyways.org/KSL/ref/constitution/rights.html
§ 1. Equal rights. All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.
§ 2. Political power; privileges. All political power is inherent in the people, and all free governments are founded on their authority, and are instituted for their equal protection and benefit. No special privileges or immunities shall ever be granted by the legislature, which may not be altered, revoked or repealed by the same body; and this power shall be exercised by no other tribunal or agency.
§ 3. Right of peaceable assembly; petition. The people have the right to assemble, in a peaceable manner, to consult for their common good, to instruct their representatives, and to petition the government, or any department thereof, for the redress of grievances.
§ 4. Bear arms; armies. The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in strict subordination to the civil power.
§ 5. Trial by jury. The right of trial by jury shall be inviolate.
§ 6. Slavery prohibited. There shall be no slavery in this state; and no involuntary servitude, except for the punishment of crime, whereof the party shall have been duly convicted.
§ 7. Religious liberty. The right to worship God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend or support any form of worship; nor shall any control of or interference with the rights of conscience be permitted, nor any preference be given by law to any religious establishment or mode of worship. No religious test or property qualification shall be required for any office of public trust, nor for any vote at any elections, nor shall any person be incompetent to testify on account of religious belief.
§ 8. Habeas corpus. The right to the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of invasion or rebellion.
§ 9. Bail. All persons shall be bailable by sufficient sureties except for capital offenses, where proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
§ 10. Trial; defense of accused. In all prosecutions, the accused shall be allowed to appear and defend in person, or by counsel; to demand the nature and cause of the accusation against him; to meet the witness face to face, and to have compulsory process to compel the attendance of the witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a witness against himself, or be twice put in jeopardy for the same offense.
§ 11. Liberty of press and speech; libel. The liberty of the press shall be inviolate; and all persons may freely speak, write or publish their sentiments on all subjects, being responsible for the abuse of such rights; and in all civil or criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libelous matter was published for justifiable ends, the accused party shall be acquitted.
§ 12. No forfeiture of estate for crimes. No conviction within the state shall work a forfeiture of estate.
§ 13. Treason. Treason shall consist only in levying war against the state, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the overt act, or confession in open court.
§ 14. Soldiers' quarters. No soldier shall, in time of peace, be quartered in any house without the consent of the occupant, nor in time of war, except as prescribed by law.
§ 15. Search and seizure. The right of the people to be secure in their persons and property against unreasonable searches and seizures shall be inviolate; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons or property to be seized.
§ 16. Imprisonment for debt. No person shall be imprisoned for debt, except in cases of fraud.
§ 17. Property rights of citizens and aliens. No distinction shall ever be made between citizens of the state of Kansas and the citizens of other states and territories of the United States in reference to the purchase, enjoyment or descent of property. The rights of aliens in reference to the purchase, enjoyment or descent of property may be regulated by law.
§ 18. Justice without delay. All persons, for injuries suffered in person, reputation or property, shall have remedy by due course of law, and justice administered without delay.
§ 19. Emoluments or privileges prohibited. No hereditary emoluments, honors, or privileges shall ever be granted or conferred by the state.
§ 20. Powers retained by people. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers not herein delegated remain with the people.
Appendix: Washington Constitution
The Washington constitution can be found at http://www.courts.wa.gov/education/constitution/index.cfm Our Washington constitution reads in part as follows:
Article 1. Declaration of Rights:
§1 Political power. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
§2 Supreme law of the land. The Constitution of the United States is the supreme law of the land.
§3 Personal rights: [Due Process] No person shall be deprived of life, liberty, or property, without due process of law.
§4 Right of petition and assemblage. The right of petition and of the people peaceably to assemble for the common good shall never be abridged.
§5 Freedom of speech. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.
§1 Oaths. Mode of administering. The mode of administering an oath, or affirmation, shall be such as may be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.
§7 Invasion of private affairs of home prohibited. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.
§8 Irrevocable privilege, franchise, or immunity prohibited. No law granting irrevocably any privilege, franchise or immunity, shall be passed by the legislature.
§9 Rights of accused persons. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.
§10 Administration of justice. Justice in all cases shall be administered openly, and without unnecessary delay.
§11 Religious freedom. Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: provided, however, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional, and mental institutions, or by a county's or public hospital district's hospital, health care facility, or hospice, as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.
Amendment 34 (1957) - Art. 1 Section 11 Religious freedom - Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: Provided, however, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional and mental institutions as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.
Amendment 4 (1904) - Art. 1 Section 11 Religious freedom - Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment. Provided, however, That this article shall not be so construed as to forbid the employment by the state of a chaplain for the state penitentiary, and for such of the state reformatories as in the discretion of the legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.
Original text - Art. 1 Section 11 Religious Freedom- Absolute freedom of conscience in all matters of religious sentiment, belief, and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person, or property, on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for, or applied to any religious worship, exercise or instruction, or the support of any religious establishment. No religious qualification shall be required for any public office, or employment, nor shall any person be incompetent as a witness, or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.
§12 Special Privileges and immunities prohibited. No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations. [Perspective: In California, the state bar staff (but not members) are given immunity to defame, lie, and cheat.]
§13 Habeas Corpus. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety requires it.
§14 Excessive bail, fines, and punishments. Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted.
§15 Convictions, effect of. No conviction shall work corruption of blood, nor forfeiture of estate.
§16 Eminent domain. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches on or across the lands of others for agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right-of-way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such, without regard to any legislative assertion that the use is public: Provided, That the taking of private property by the state for land reclamation and settlement purposes is hereby declared to be for public use.[AMENDMENT 9, 1919 p 385 Section 1. Approved November, 1920.]
Original text - Art. 1 Section 16 Eminent Domain - Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes or ditches on or across the lands of others for agricultural, domestic or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having first been made, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefor be first made in money, or ascertained and paid into the court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
§17 Imprisonment for debt. There shall be no imprisonment for debt, except in cases of absconding debtors.
§18 Military power. The military shall be in strict subordination to the civil power. [The feds took over the state militia in 1903.]
§19 Freedom of elections. All Elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.
§20 Bail when authorized. All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when the proof is evident, or the presumption great.
§21 Trial by jury The right of trial by jury shall remain inviolate, but the legislature may provide for a jury of any number less than twelve in courts not of record [a court of no record is a court of no value], and for a verdict by nine or more jurors in civil cases in any court of record, and for waiving of the jury in civil cases where the consent of the parties interested is given thereto.
In criminal prosecutions the accused shall have the right to appear and defend in person, or by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is charged to have been committed and the right to appeal in all cases: Provided, The route traversed by any railway coach, train or public conveyance, and the water traversed by any boat shall be criminal districts; and the jurisdiction of all public offenses committed on any such railway car, coach, train, boat or other public conveyance, or at any station or depot upon such route, shall be in any county through which the said car, coach, train, boat or other public conveyance may pass during the trip or voyage, or in which the trip or voyage may begin or terminate. In no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.
§22 Original text - Rights of accused persons. - In criminal prosecution, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and, in no instance, shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.
§23 Bill of attainder. Ex post facto. No bill of attainder, ex post facto law, or law impairing the obligations of contracts shall ever be passed.
§24 Right to bear arms. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this Section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
§25 Prosecution by information. Offenses heretofore required to be prosecuted by indictment may be prosecuted by information, or by indictment, as shall be prescribed by law. [The legislature has usurped our fundamental rights and eliminated this fundamental right.]
§26 Grand jury. No grand jury shall be drawn or summoned in any county, except the superior judge thereof shall so order.
§27 Treason defined. Treason against the state shall consist only in levying war against the state, or adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or confession in open court.
§28 Hereditary privileges abolished. No hereditary emoluments, privileges, or powers, shall be granted or conferred in this state.
§29 Constitution mandatory. The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise. [By comparison, traffic statutes are merely recommendatory.]
§30 Rights Reserved [Similar to the federal 9th amendment ] The enumeration in this Constitution of certain rights shall not be construed to deny other rights retained by the people.
§31 Standing army. No standing army shall be kept up by this state in time of peace, and no soldier shall in time of peace be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law.
§32 Fundamental principles. A frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.
citizens in the several states