Information from a group member for your consideration.
Posted: Fri Mar 24, 2006 3:40 pm
Check your rights under the constitutional laws of your State. These rights alreasd exist.
DCF is not a constitutioanlly created agency. As an operation of law, it is up to the sheriff to investigate any complaints that DCF has.
Instead challenge having statutory law imposed upon you. Under a jurisdictional challenge, DCF can provide no constitutional authority for their actions because they don't exist.
Unless a child is badly hurt, there is very little that anyone has the right to ask them without the parents persmission. Only in extreme cases does the sheriff have the power to separate the child from the parent and tyically a warrant is needed or else the parent(s) must be being iinvestigated for unlawful abuse or neglect of the child.
The constitutional law has never changed - and the gov cannot, upon constitutional jurisdictional challenge, prove that statutory law applies to the people. I have being going around wtih the courts on this for some time and they always fail to prove authority which DENIES YOU DUE PROCESS.
Even a judge who denies you full discovery has acted in a non-judicial capacity and lost all immunity form civl damages.
We need to get back to the basics.
Buffington (Collector) v. Day (Apr. 3, 1871) U.S. Supreme Court
"The Government of the United States, therefore, can claim no powers which are not granted to it by the Constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication." Buffington v. Day, 11 Wall. 113; 78 U.S. 122 (1871).
Ellis v. United States (1907) U.S. Supreme Court
"Congress possesses no power to legislate except such as is affirmatively conferred upon it through the Constitution, or is fairly to be inferred therefrom...
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"All that government does and provides legitimately is in pursuit of it's duty to provide protection for private rights (Wynhammer v. People, 13 NY 378), which duty is a debt owed to it's creator, WE THE PEOPLE and the private unenfranchised individual; which debt and duty is never extinguished nor discharged, and is perpetual. No matter what the government/state provides for us in manner of convenience and safety, the unenfranchised individual owes nothing to the government." Hale v. Henkel, 201 U.S. 43
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"There is no such thing as a power of inherent sovereignty in the government of the [federal] United States... In this country sovereignty resides in the people, and Congress can exercise no power which they [the sovereign people] have not, by their Constitution entrusted to it: All else is withheld." -- Supreme Court Justice Field
One must not forget the exception of Art 4, Sect 3 wherein statutory law arises.
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"In this state as in all republics, it is not the Legislature, however translucent it’s powers, who are supreme- but the people- and to suppose that they may violate the fundamental law, is, as has been most eloquently expressed, to affirm that the deputy is greater than his principle; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of delegated power may do not only what their powers do not authorize, but what they forbid." Waring v. Mayor of Savannah, 60 Georgia page 93
DCF is not a constitutioanlly created agency. As an operation of law, it is up to the sheriff to investigate any complaints that DCF has.
Instead challenge having statutory law imposed upon you. Under a jurisdictional challenge, DCF can provide no constitutional authority for their actions because they don't exist.
Unless a child is badly hurt, there is very little that anyone has the right to ask them without the parents persmission. Only in extreme cases does the sheriff have the power to separate the child from the parent and tyically a warrant is needed or else the parent(s) must be being iinvestigated for unlawful abuse or neglect of the child.
The constitutional law has never changed - and the gov cannot, upon constitutional jurisdictional challenge, prove that statutory law applies to the people. I have being going around wtih the courts on this for some time and they always fail to prove authority which DENIES YOU DUE PROCESS.
Even a judge who denies you full discovery has acted in a non-judicial capacity and lost all immunity form civl damages.
We need to get back to the basics.
Buffington (Collector) v. Day (Apr. 3, 1871) U.S. Supreme Court
"The Government of the United States, therefore, can claim no powers which are not granted to it by the Constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication." Buffington v. Day, 11 Wall. 113; 78 U.S. 122 (1871).
Ellis v. United States (1907) U.S. Supreme Court
"Congress possesses no power to legislate except such as is affirmatively conferred upon it through the Constitution, or is fairly to be inferred therefrom...
--------------------------------------------------------------------------------
"All that government does and provides legitimately is in pursuit of it's duty to provide protection for private rights (Wynhammer v. People, 13 NY 378), which duty is a debt owed to it's creator, WE THE PEOPLE and the private unenfranchised individual; which debt and duty is never extinguished nor discharged, and is perpetual. No matter what the government/state provides for us in manner of convenience and safety, the unenfranchised individual owes nothing to the government." Hale v. Henkel, 201 U.S. 43
--------------------------------------------------------------------------------
"There is no such thing as a power of inherent sovereignty in the government of the [federal] United States... In this country sovereignty resides in the people, and Congress can exercise no power which they [the sovereign people] have not, by their Constitution entrusted to it: All else is withheld." -- Supreme Court Justice Field
One must not forget the exception of Art 4, Sect 3 wherein statutory law arises.
--------------------------------------------------------------------------------
"In this state as in all republics, it is not the Legislature, however translucent it’s powers, who are supreme- but the people- and to suppose that they may violate the fundamental law, is, as has been most eloquently expressed, to affirm that the deputy is greater than his principle; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of delegated power may do not only what their powers do not authorize, but what they forbid." Waring v. Mayor of Savannah, 60 Georgia page 93