Saturday, November 10, 2007

The Administrative State

The Administrative state is all about the regulation of public (civil) rights.  

The uniformed administrative enforcement bureaucrat licensed to carry a firearm for the performance of its regulatory schemes, issues administrative claims to Americans who cruise upon the State’s thoroughfares carrying invalid documents issued improperly by the legislative (public agency, such as the DMV) tribunal which are placed upon the bumper of their private property under the color of the certification proclaiming they operate a Motor Vehicle. Read the State’s public records management act, the federal (1976—Pub. L. 94–575, § 3(b), Oct. 21, 1976, 90 Stat. 2727) level statutory authority for the management of public records, is codified in Title 44 USCA Chapter 31

The public ministry’s abuse of public records management is perfected when the administrative claim is docketed as the compliant in the specialized legislative agency in defiance to the State’s administrative procedures act. The State’s legislative assembly implemented this statutory usurpation by granting the specialized legislative agency the authority to adjudicate criminal acts. This slight of hand legislative maneuver does not perfect the docketing of the administrative claim which sits upon judicial review when and only when the contested case has been administratively perfected in compliance to the administrative procedures act. Read the Rules of Court (legislative agency) which articulates the appellate nature of the administrative claim.

The simple issuance of the Traffic Citation (statutory form presented for an ordinance violation) is an administrative claim. The administrative claim is a public (record) document issued as a public records and then shall be adjudicated as the contested claim. A few state legislatures overtly move this ordinance violation into the specialized legislative (municipal court) agency by moving the statutory term of art “Complaint”.

Michigan Legislature, Public Act 175, 1927
“Complaint” means a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense.

The unconscionable act moved by This State, of docketing the administrative (ordinance violation) claim under the presumption of guilt is a statutory application that subordinates the administrative due process of law, under the colorful gavel moved by the enumerated State laborer draped in black proclaiming a judicial nature that has neither form nor substance in law. Read Bailey v Alabama 219 US 219 (1909)

As the case was given to the jury under instructions which authorized a verdict in accordance
with the statutory presumption, and the opposing instructions requested by the accused were refused, the judgment must be reversed.
Bailey v Alabama, 219 US 219,245

The Certified Motor Vehicle is a common carrier moving freight, and/or passengers for hire. Read Title 18 USCA Part I, Chapter 2, § 31(a) (6)

The State’s legislature enacts its regulatory schemes in conformity to Federal Law, as said legal authority moves in congruence to federal funds provided under the States Plan for the implementation of federal administrative programs. Read Title 23 CFR part 1312.3

“Adventures in Legal Land” are the adventure which enables Marc Steven’s his ten minutes of fame to promote a lifetime of misdirection to those who have no understanding how the Administrative State substantiates its malum prohibita schemes within its form driven subject matter jurisdiction which substantiates its administrative claim. The regulatory scheme is not an adventure, it is a form driven statutory operation of State law that substantiates This State’s administrative regulation of public (civil) rights stands in conformity to federal regulatory schemes. Read Title 23 CFR part 1327.4

There are no courts in America this day. Hidden within the four walls of what is publicly proclaimed to be “court houses” is a form driven legislative agency populated by State paid labors draped in black. All State legislative agencies are reliant upon the statutory authority of the State’s Legislature to implement their subject matter jurisdiction. Read the State Legislative authority that empowers the “Court” to implement its rules. The Federal Legislative authority is codified in Title 28 USCA Chapter 31 § 2071.

The usual suspects found upon the forums promote a dysfunctional literacy wherein their maniacal dystopia is the bane of their existence as they repeatedly fail to comprehend the form driven legalistic lands of This State.

These usual suspects champion the struggles and failures of the many by ballyhooing the known corruption of This State and its favorite uncle the Federal Fiduciary.

These usual suspects who populate these many bulletin boards are enamored with the public ministry’s corruption, which is how they themselves justify repetitive failures. What these champions of the paytriot community fail to comprehend, is that they have no comprehension how to lawfully address the form driven legalistic lands of This State, and its favorite Uncle.

The administrative state is a fiction of law, which moves its falsities as if they may presume to be true to secure justice by devious means. “Fiction of Law” is explained in a case history known as Ryan v Motor Credit Company 23 A.2d 607,621 and defined in Ballentine’s Law Dictionary, third edition, page 468

The administrative state presumes its malum prohibita authority empowers its omnipotent reach. When the American Inhabitant is confronted by the administrative state, it is all about proving the legislative (public agency) tribunal wrong, not why the American may or may not be right. This is why the paytriot community sees so many of its champions securing three hots and a cot, at the local gray bar hotel.

Americans have a choice, awaken to the fundamental principles enacted into law by the Founding Fathers of the American Republic, or continue to drown within the fictional seas of the administrative state in equity, for simply failing to stand the form driven substance of administrative law.

The complexity of the law is substantiated within the simplicity of its form driven relief.

" does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams

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