Which Constitution???
Jan. 1990
by
Richard McDonald
The Federal Constitution can only be applied and used
against the Federal Government. The Bill of Rights (Articles in
addition to the original first 7 articles) were written strictly
as a limitation on the Federal Government, to protect the
Citizens of the several States from the Federal Government. The
Federal Constitution does NOT apply to State actions against
State Citizens.
The so-called 14th Amendment since 1969 has allowed limited
application of the Federal Constitution only to the extent that
Congress has seen fit to grant as a privilege, to be applied
against State Governments, for the specific protection of the so-
called 14th Amendment "citizens of the United States." This
amendment is only of admiralty or equity jurisdiction, and these
de facto citizens are not under the Common Law. They do not have
unalienable rights, only limited statutory "civil rights", that
Congress has seen fit to grant them.
The individual State Constitutions, all of which are
harmonious in meaning with the Federal Constitution, were written
to protect the Citizens of the several States (State Citizens)
from the State governments, and all are based on the Common Law.
So in order to invoke the Common Law in federal court, you, as a
State Citizen, must use the State Constitution, backed up by the
Federal Constitution, use only Common Law writs. (Do not use any
Federal Codes at all!)
Since the Federal Government is not within the Common Law
(not being in any State of the Union), the Federal Courts are
required to follow the Common Law of the State where the State
Citizen is domiciled, whenever the State Citizen is before the
Federal Court, invoking the State Constitution.
Also, there are two (2) Federal Writs of Habeas Corpus:
1. The Common Law writ under Article I, section 9, of the
Constitution for the United States of America (1787), which is
available only to White Common Law State Citizens; and, (2) Under
the all writs statute, which is for all others, and Congress has
allowed only limited applications, and which can be denied for
any reason.
There are two (2) Writs of Habeas Corpus for the State of
California:
(1) Under the Constitution, Article I, section 11, which is
for the White Common Law State Citizens; and, (2) in the Penal
Code, Title 12, Chapter 12, section 1473, which was enacted 23
years after the creation of the State of California in 1872.
This is for all other "persons" (i.e., 14th Amendment federal
citizens) since they did not have access to the Common Law.
So are you a White Common Law Citizen of the State or a
federal citizen of the District of Columbia? Use the rights laws
and you may win!!!
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