Which Way?

If you are looking past the rallies, voting, and rhetoric, you’ll find that the basic right that is guaranteed by the Constitution and the Common Law is “Due Process”.  It’s pointed out in the 5th and 14th Amendments to the Constitution.  Due process means notice and a fair hearing.  It makes sense that if you don’t get noticed and/or you are not getting “heard” in a fair manner, then it should be obvious you got no chance in h*ll at getting a just result.

A just result is what the framers wanted each of us to get every time we went to the government for an injury, injustice, or a wrong.  SO WHAT WENT WRONG?

MISDIRECTION

There is no law that Congress has made that will protect a persons constitutional rights!  So Congress made a law that will pay damages if one can prove that his Civil Rights (not constitutional rights) were violated.  Notice that you can get damages, but no method of preventing the damages.  This is where the lawyers come in and proceed under Title 42 sec. 1983 et seq.

Now that we know Congress is not looking out for our constitutional rights, we will have to do that ourselves.  Looking at the First Amendment, we find the ONLY way to redress a grievance (injury, injustice, or a wrong) is by PETITION.

Here’s where the misdirection comes into play.  A petition can be “a formal written request addressed to some governmental authority.”  Since the next sentence in the Law Dictionary quotes the First Amendment right to “petition for redress of grievances…”, most (everyone) take their “petitions to Congress or a legislative body in their state, county or city.

The third paragraph of the Law Dictionary (Black’s 6th Edition) also defines a petition as “a formal written application to a court requesting judicial action on a certain matter”…

Has anyone filed, or heard of anyone filing a redress of grievances in a court under the rules of Equity?  This is the method that the framers of the Constitution had in mind when they reserved the power to the people.  The setup was intended to avoid mob rule or groups of demonstrators interfering with the freedom of their fellow man.

So the answer to the protection of individual freedoms is the petition to redress under the First Amendment.  When the petition is made requesting a Restraining Order and Order to Show Cause against someone who is violating Constitutional Rights, the violating people or person must appear before the court and give the reason that they should not be restrained. By restraining government agents and constitutional rights violators we can reverse the growing trend that people believe there is no remedy against a tyrannical government.

I believe it was the lawyers who misdirected the remedy because of their legal training and avoidance of studying the true meaning of the Constitution and how to redress a grievance.  When the procedures for the Law Court were combined with the procedures for the Equity Court in 1934 there became under the codes what they call “one civil action”. There is only “one civil action” but there is always going to be two different procedure to get to the conclusion of that one action, Law and Equity.

The people who were concerned about our government in the early days always carried with them the Bible and the Commentaries of Judge Blackstone.  This was the bases of all political discussions and it should still be today! If you don’t take action to protect your rights, you aren’t going to have any, and your children may not have the opportunity to get justice if they are not made aware of the “misdirection”.