Case Law and Cites

VII. LAWS BURDENING INTERSTATE COMMERCE ARE VOID

See Kassel v Consolidated Freightways, 450 US 662; 101 S Ct 1309; 67 L Ed 2d 580 (1981) rejecting the story that 55 feet double-trailer trucks are safer than 65 foot double-trailer trucks. The Iowa Legislature had simply invented the claim that the extra 10 foot length made all the difference! The Supreme Court struck down this invented number as an unconstitutional burden on interstate commerce. “Where a state statute conflicts with, or frustrates, federal law, the former must give way.” U.S. Const., Art. VI, cl. 2; Maryland v Louisiana, 451 US 725, 746; 101 S Ct 2114; 68 L Ed 2d 576 (1981). States cannot adopt laws or regulations affecting interstate commerce without compelling factual foundation to support said law or regulation.

"Personal liberty, which is guaranteed to every citizen under our constitution and laws, consists of the right to locomotion,—to go where one pleases, and when, and to do that which may lead to one's business or pleasure, only so far restrained as the rights of others may make it necessary for the welfare of all other citizens. . . .

"Any law which would place the keeping and safe conduct of another in the hands of even a conservator of the peace, unless for some breach of the peace committed in his presence, or upon suspicion of felony, would be most oppressive and unjust, and destroy all the rights which our Constitution guarantees." Pinkerton v Verberg, 78 Mich 573, 584; 44 NW 579, 582-583 (1889). [See, e.g., the Bill of Rights, especially the 9th and 10th Amendments.]

 

IX. SPEED LIMITS VIOLATE THE CONSTITUTIONAL "RIGHT TO TRAVEL"

Most people have heard of some of our constitutional rights, the right to freedom of speech, press, religion, vote, etc. But there is a also a lesser known right, but EQUAL in the eyes of the law to those we know, the constitutional "right to travel."

Americans' "freedom to travel throughout the United States has long been recognized as a basic right under the Constitution," according to multiple cases including Williams v Fears, 179 US 270, 274; 21 S Ct 128; 45 L Ed 186 (1900); Twining v New Jersey, 211 US 78, 97; 29 S Ct 14; 53 L Ed 97 (1908), as listed in the case of United States v Guest, 383 US 745; 86 S Ct 1170; 16 L Ed 2d 239 (1968), a case involving criminally prosecuting people for obstructing the right (obstruction is a federal crime pursuant to federal criminal law 18 USC § 241).

  

Shapiro v Thompson, 394 US 618 (1969), establishes that laws that interfere with "fundamental rights" are "suspect" and demand "close scrutiny" by courts. Laws cannot simply be passed on whimsy, but there must be a "compelling state interest." Any law that would "chill" exercising a right is "patently unconstitutional." It is a well-established right of the people

The charge against you is not evidence. Charges are ex parte and do not support the presumption. See Jim Crockett Promotion, Inc v City of Charlotte, 706 F2d 486, 490-491 (CA 4, 1983) (the accusation was that the sound being made was "unnecessary" and above what was allowed; allegations that something is above some maximum are not sufficient to support a presumption!)

Constitutionally, "a criminal statutory presumption must be regarded as `irrational' or `arbitrary,' and hence unconstitutional, unless it can at least be said with substantial assurance that the presumed fact is more likely than not to flow from the proved fact on which it is made to depend." Leary v United States, 395 US 6, 36; 89 S Ct 1532; 23 L Ed 2d 57 (1966) (holding invalid a statutory presumption that person found possessing marijuana had also imported the same).

 

XIV. YOU MUST BE PROPERLY NOTIFIED BEFORE PLEADING

Before a person can constitutionally plead guilty, the accused must be properly informed of the charge and elements. Constitutionally, aspects of a criminal case require a defendant's knowing participation. To be valid, a guilty plea must be voluntarily made with full knowledge of its implications. Henderson v Morgan, 426 US 637; 96 S Ct 2253; 49 L Ed 2d 108 (1976) (case involving defendant not informed of the "intent" element of the crime of which accused).

 

Henderson relies on even older case law to show that his "plea could not be voluntary in the sense that it constituted an intelligent admission that he committed the offense unless the defendant received 'real notice of the true nature of the charge against him, the first and most universally recognized requirement of due process.'" Smith v O'Grady, 312 U.S. 329, 334; 61 S Ct 572, 574; 85 L Ed 859 (1941). In law, "a guilty plea is an admission of all the elements of a formal criminal charge, it cannot be truly voluntary unless the defendant possesses an understanding of the law in relation to the facts." McCarthy v United States, 394 US 459; 89 S Ct 1166; 22 L Ed 2d 418 (1969).

XV. THE RIGHT TO JURY TRIAL

The federal Constitution, the Sixth Amendment, guarantees the right to jury trial "in all criminal prosecutions." States have a record of trying to undermine this right two ways: (a) by banning jury trials in some criminal prosecutions, and (b) by cutting jury size down from twelve to six. Such obstruction of the right to jury trial is supposed to be unconstitutional, as the Fourteenth Amendment requires states to honor our federal constitutional rights.

 

Federal law 18 USC § 241 bans obstructing federal rights, which includes the "right to travel," as per the long line of case law above cited. It is not needed that the accused, whether a private citizen, legislator, or officer, know the technical concepts involved, in order for there to be a conviction, United States v Redwine, 715 F2d 315 (CA 7, 1983).

A challenge to subject matter jurisdiction may be made at any time, even after disposition, and even collaterally. Fed.R.Civ.P. 12(h) and 60(b)(4); Taubman Co v Webfeats, 319 F3d 770, 773 (CA 6, 2003).