The De Jure Republic of Michigan v. The Deep State
For an audio reading of this commentary, scroll to the bottom of the page.
We the People of the “De Jure” Republic of Michigan should share the joy when We experience a WIN against the Deep State Government of Michigan – a government that has “usurped” authority (aka taken Undelegated Duty) to an almost unbearable degree over the past century or so.
I am not advocating for Anarchy; I love the Law. I am advocating for the proper role of the government as outlined in Michigan’s Constitution in Article 1 §1 that reads: “All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.”
You read that right – GOVERNMENT IS INSTITUTED FOR (THE PEOPLE’S) EQUAL BENEFIT, SECURITY AND PROTECTION. That’s the big picture that needs to be re-established in the hearts and minds of the Citizens of the “De Jure” Republic of Michigan. In order to do just that, we might want to first examine actions taken on a much smaller scale.
Let’s start with the “speeding ticket” I received when everyone was traveling at 70 miles an hour on a 70-mile an hour speed limit highway (that appeared to be designated as a 60-mile an hour construction zone, that wasn’t a construction zone as defined in the Michigan Compiled Law section that I supposedly violated). The contradiction is rich, but most citizens would simply take the plea bargain that is inevitably offered when the Prosecuting Attorney says “We will eliminate the ‘points’ if you will pay the fine.” That is how it generally goes, and We the People generally take the plea bargain, but it does not have to be that way, if you understand the proper limiting duties granted to the Departments of our Governments (instituted to secure our individual rights, remember?).
As this story unfolded, I was traveling northbound on I-75 in Saginaw County, Michigan, when I was pulled out of the crowd for what I felt was “selective prosecution”, being as I was traveling at the same safe speed as every other person in that lane. I hadn’t committed a crime -- I hadn’t destroyed anyone’s property, nor had I violated anyone’s constitutional rights. There was no emergency but there came the recognizable, unsettling, shrill emergency horns and flashers going off behind me.
When the “peace officer” came to my window, I specifically asked her if I had committed a crime (this is an important component of establishing your innocence). She said, “No, I had committed a ‘civil infraction’.” After she handed me a citation, I asked her if she was a “De Jure” officer occupying a “De Jure” office … she said she didn’t know anything about all that; she was a Michigan State police officer. Her answer proved that she does not understand the principles of the American Republic – this is the second important component in establishing her lack of knowledge of her “limited delegated authority” to protect and serve the public.
In truth, this action by this Michigan State Peace Officer represented her effort to generate revenue for the City of Saginaw, which is the specific/plenary duty of the City Council. I knew that I needed to defend my rights (as we all need to learn how to do) and so I concluded our cordial conversation by saying, “I’ll see you in court” to which she replied, “looking forward to it.” I was there, but she never showed up.
In my opinion, that is because I have learned that there are some fundamental individual rights that cannot be infringed upon, according to some very important historical legal cases, such as:
• Individual rights may only be taken with due process and in accordance with the Constitution; Hale v. Henkel, 201 U.S. 43, 74 (1906).
• All States are guaranteed a “republican form of government”; U.S. Constitution, Article IV, §4.
• Courts must act in law and in equity, not in the civil jurisdiction (remember the “civil infraction” – yep, it’s part of the unlawful civil jurisdiction); Norton v. Shelby County, 118 U.S. 425, 439 (1886).
• The people are sovereign. The law is the definition and limitation of power; Downes v. Bidwell, 182 U.S. 244, 356 (1901).
• State governments (and their State Constitutions) are bound to follow the U.S. Constitution which delineates the limitation of power delegated to the departments of government; Chisholm v. Georgia, 2 U.S. 419, 470 (1793).
• The Constitution is ‘a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances’; Downes, supra pg. 267 (emphasis added).
• The police officer was mistaken in her authority to issue such a ticket, so that ticket was “null and void”; Norton, supra.
• Laws are enacted to protect the citizens from unnecessary intrusions into their lives; Downes, supra. pg 380.
• I was not operating a vehicle “in commerce”; Simeone v. Lindsay, 65 Atl. 778, 779; Hannigan v. Wright, 63 Atl. 234, 236.
• The people have a fundamental right to travel on public highways unhindered by police interference unless they are engaged in suspicious, potentially criminal actions; People v. Horton 14 Cal. App. 3rd 667 (1971).
• The Police (Executive Department) are not delegated the duty of “revenue generation” which is the sole duty delegated to the Legislative Department; Michigan Constitution Article III, §2 “Separation of Powers of Government”.
• The Court and the Prosecutor are duty bound to disprove all allegations made, with specific facts and supporting authority (a REPLY to an Answer/Counterclaim such as the one I submitted is required by law); Marbury v. Madison, 5 U.S. 137 (1803).
• Judges are duty bound to protect citizens against the “usurpation” (overreach) of the Executive and Legislative Departments of Government; The United States and the Michigan Constitution(s).
The third important component of my working to protect my rights was that while it was still fresh in my mind, I wrote out the details of the “police encounter” that very night. I then addressed that detailed explanation to the Court; created an Affidavit to support the veracity of my written details and mailed a notarized copy to both the Court and the Police Headquarters.
I never received a REPLY, but shortly thereafter I received a Notice that I was scheduled for an “informal Zoom hearing” before a Magistrate to address this Ticket/Complaint.
I refused to allow this Court to deny me my constitutionally guaranteed right to face the witness(es) against me (and so should you), so at the appointed time, I drove to the Courthouse and sat in the Court lobby for about an hour and fifteen minutes, reading my Bible, until the Magistrate came into the lobby to inform me that their IT system was experiencing glitches so the police officer never received notice of this hearing. That was verifiably untrue because not only had I mailed my Letter to both organizations, I had created a notarized 30-page formal ANSWER/COUNTERCLAIM and drove a copy of it to both the Court and the Police Headquarters earlier in the month (I made sure that I had the Court timestamp their copy and I had the lobby officers write out a receipt for the copy that was to be hand-delivered to the Police Officer, who wouldn’t come out to meet me at the time). I didn’t correct the Magistrate -- I didn’t want to ruffle any more feathers at this point in time.
In fact, when she first came into the lobby I thanked her for her service to the “De Jure” Republic (she chuckled and said that I was welcome). After she misspoke about the reason why the Police Officer wasn’t available, she informed me that she would seek a DISMISSAL of the Ticket. I said I wanted a REPLY to my Counterclaim. She appeared surprised and said “instead of a DISMISSAL?” I said No, I will take the DISMISSAL but I also want a Response from the Prosecuting Attorney.
I could go on with this rich tale, but I would rather that you join the Magnificent Republic every Wednesday evening from 7 pm to 9 pm EST on our Zoom call meeting so that you too can garner the much needed education that could ultimately Reclaim Our American Republic … ONE FAILED USURPATION OF LIMITED DELEGATED AUTHORITY AT A TIME … !!!