OBJECTION TO SUPREME COURT WRT REFERENDUM RIGHTS

C.A.I.R.E.
RFD #2 Box
Claremont, N.H. 03743
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COUNSEL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ENFORCEMENT
AMERICAN . . . . . . . . . . . . . . . . . . . . . . RIGHTS
INDIVIDUAL

March 29, 1999
David A. Brock, CJ
&Associates
N.H. Supreme Court
One Noble Drive
Concord, N.H. 03301-6160
Fax: 271-2168

"NOTICE OF OBJECTION "
TO SUPREME COURTS "OPINION"
Case No. 99-086

"OPINION" on Senate Bill 51-FN-A-LOCAL (March 11, 1999)

The first question relates to [Part 1, N.H. Bill of Rights [Art.] 28.] Whereas; the court stated: "...providing for a referendum enabling the N.H. people to choose a tax plan enacted by the legislature to fund ... education, based on the authority and right of Part 1, (Bill of Rights) [Art.] 28, be in any way repugnant or contrary to the constitution of N.H.?" We answer in the affirmative. (Court's opinion below.)

Part 1, (Bill of Rights) provides that "[n]o subsidy, charge, tax impost, or duty shall be established, fixed, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority derived from that body." The resolution states that "that portion of Part 1, Article 28 stating 'without the consent of the people, or their representatives' appears to reserve a right for the people of New Hampshire to consent to taxation, and that this right is distinct from and in addition to the authority of the legislature to establish taxes." As explained below, however, both cases law and historical evidence lead us to conclude that Part 1, Article 28 does not reserve a right in the people of this State to consent by binding referendum to the establishment and levy of general taxes.

The court went on further to state that: "[t]he supreme legislative power, within this state, shall be vested in the senate and house of representatives, each of which shall have a negative on the other." N.H. CONST. pt.II, art. 5 "And farther, full power and authority are hereby given and granted to said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws. . . and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and residents within, the said state." N.H. CONST. pt. II, art. 5. The power of taxation is so attribute of sovereignty belonging to the people; and this power, so far as it has been granted at all has been delegated under our constitution to the legislature. Bill of Rights, article 28."

[ MEMORANDUM IN LAW ]
A COMMON SENSE INTERPRETATION !
OF OUR BILL OF RIGHTS

QUESTION:? What is the BILL of RIGHTS?
The court [s]hall take "judicial-notice" of the following:

"The bill of rights is a bill of their (the people's) equal, private rights, reserved by the grantors (We the People) of public power. The reservation precedes the grant. Before they (We the People) created the power of proportional taxation in the fifth article, and the supreme legislative power in the second article (part II), and before they form themselves into a state in the first article (part II), they lay the foundation, (Bill of Rights) and therein reserve those personal liberties, which, upon the evidence of history and their own experience, they think cannot safely be surrendered to government." (emphasis added) State v. U.S. Canada Express Co. (N.H. Reports, Dec. 1880) Charles Doe, C.J. NH Sup. Ct.)

The courts opinion is erroneous, and without merit. They have obstructed justice, and "Trespassed" upon the people's Bill of rights and their "consent" to "[a]ll their government, and their power to limit taxation, and their government!

The court refused to respect the following Facts in Law: (In the Bill of Rights)

Fact 1.) [Art.] 1. [Equality of Men; Origin and Object of Government.]

"All men are born equally free and independent; therefore, all government of right originates from the people, is founded in consent, and instituted for the general good."

This Article states very clearly, [A]ll government of Right Originates from the People, and is founded by [t]heir Consent. This enumerated Right, is explicitly stated, and "reserved" to the People, before the "Foundation of Government" in Part II, of the Constitution.

Fact 2.) [Art.] 7. [State Sovereignty.]

"The people of this state have the sole and exclusive right of governing themselves as a free, sovereign, and independent state; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter by them expressly delegated to the United States of America in congress assembled."

The People have declared themselves as the sovereign and they are the state, and the United States of America, or any other entity, has no jurisdiction over them, except as [e]xpressly delegated to the United States of America in congress assembled (U.S. Constitution) and the legislature is barred from granting jurisdiction over the people of New Hampshire to Congress.

Fact 3.) [Art.] 8. [Accountability of Magistrates and Officers; Public's Right to Know.]

"All power residing originally i, and being derived from, the people, all the magistrates and officers of government are their substitutes and agents, and at all times accountable to them.. . . "

It is explicitly established in [Art.] 8. that [a]ll magistrates and officers of New-Hampshire are the people's [s]ubstitutes and [a]gents, and hold their offices of [t]rust in a fiduciary capacity, subject to the enumerated rights set forth in the Bill of Rights. Again it states: [A]ll power residing originally in, and being derived from the people!

Fact 4.) [Art.] 10. [Right of Revolution.]

"Government being instituted for the common benefit, protection, and security, of the whole community, and not for the private interest or emolument of any one man, family, or class of men; therefore, whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind."

It is well established above, "whenever the ends of government becomes perverted, and public liberty manifestly endangered, and no other means of redress (constitutional safeguards) are ineffectual, the people must, and of right ought to reform the old, . . . government, (the Judicial Branch). The doctrine of nonresistance against arbitrary power, and oppression is slavish, and repugnant to the established liberties of the People to [c]onsent to all their government.

Fact 5.) [Art.] 11. [Elections and Elective Franchises.]

"All elections are to be free, and every inhabitant of the state of l8 years of age and upwards shall have an equal right to vote in any election. Every person shall be considered an inhabitant for the purposes of voting in the town, ward, or unincorporated place where he has his domicile. No person shall have the right to vote under the constitution of this state who has been convicted of treason, bribery or any willful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney general, restore the privilege to vote to any person who may have forfeited it by conviction of such offenses. The general court shall provide by law for voting by qualified voters who at the time of the biennial or state elections, or of the primary elections therefor, or of city elections, or of town elections by official ballot, are absent from the city or town of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of any officer or officers to be elected or upon any question submitted at such election. Voting registration and polling places shall be easily accessible to all persons including disabled and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. The right to vote shall not be denied to any person because of the non-payment of any tax. Every inhabitant of the state, having the proper qualifications, has equal right to be elected into office."

[Art.] 10. and [Art.] 11, (above) enumerates the powers and liberties of the people to "reform" or "change" their government, either by "Revolution" or by the "referendum" process at the ballot box. It explicitly reserves in [Art.] 11, the Right to the "choice" of any officer, or put "any" question, on "any" ballot, in "any" election. This is truly [all] government by [c]onsent, as it "reserved" in their Bill of Rights, ". . . those personal liberties, which, upon the evidence of history and their own experience could not safely be surrendered to government."

"Rights, Property and immunities which we enjoyed prior to the U.S. Constitution (at common law) can NOT be regulated or TAXED by any government, STATE, Federal or Local. Murdock v. Pa 319 U.S. 105; U.S. vs. Texas 252 F. Supp 234 384 U.S. 155; Wilson v. US 221 US 361; Hale vs. Henkel 201 US 43; McCulloch v Md 4 Wheat 316; McGraw v. IC 96 US 203-- for the power to tax is the power to destroy", McCulloch v. Md 4 Wheat 316; Veazie Bank v. Fenno 75 US 533; Knowlton v. Moore 178 US 41; Enoch v. Williams 291 F 2d 402, 370 US 1, and we the people, and we as individuals, the most important element of the "STATE" formed the "government for the SOLE purpose of protecting private rights". Wynehamer v. People 13 NY 378, and as the CREATOR and CREATORS of the government, we did not subject ourselves to that DESTROYING power" Pollack v. ML 157 US 429.

Fact 6.) [Art.] 28. [Taxes by Whom Levied.]

"No subsidy, charge, tax, impost, or duty, shall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority derived from that body."

[Art.] 28. is explicit in enumerating how they [s]hall be Taxed. It has been explicitly "mandated" and "reserved" in the Bill of Rights, articles: (1), (7), (8), (10), (11), (12), and (28) that [all] government is by their "consent" which includes all TAXATION, of, ". . . which, upon the evidence of history and their own experience they think cannot safely be surrendered to government"!

Being that "Public-servants" are in some cases "Constitutional illiterates" and never read or understood this great document, we will define the word "ALL" means. (Websters National Dictionary) all (awl) n. a whole; an entirety; adv. wholly; entirety; adv. wholly; entirely; completely.)

We the inhabitants of New Hampshire, at the ballot box are the sovereigns, and are the State, in our collective capacity, as enumerated in the NH Bill of Rights. Rights and power that could not safely be surrendered to government and in [Art.] 28. they enumerated how they [s]hall be "Taxed". It's the prerogative of the people to [C]onsent to, and manage, [A]ll, of "their" government enumerated in, and within, the bounds, of "their" Foundation of Government. (The Bill of Rights!)

Fact 7.) [Art.] 5. [Power to Make Laws, Elect Officers, Define Their Powers and Duties, Impose Fines and Assess Taxes; Prohibited from Authorizing Towns to Aid Certain Corporations.]

"And farther, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties, or without, SO AS THE SAME BE NOT REPUGNANT OR CONTRARY TO THIS CONSTITUTION. . . "

Fact 8.) "A Declaration of the RIGHTS of the People of the
State of New-Hampshire

First, We declare, that we the People of the State of New Hampshire, are Free and Independent of the crown of Great Britain.

Secondly, We the People of this State, are intitled to Life, Liberty, and Property; and all other Immunities and Privileges which we heretofore enjoyed.

Thirdly, The Common and Statute Laws of England, adopted and used here, and the laws of this State (not inconsistent with said Declaration of INDEPENDENCE) now are, and shall be in force here, for the Welfare and good Government of the State, unless the same shall be repealed or altered by the future legislature thereof.

Fourthly, The whole and intire Power of Government of this State, is vested in, and derived from the People thereof, and from no other source whatsoever.

Fifthly, The future legislature of this State, shall make no Laws to infringe the Rights of Conscience or any other of the natural, unalienable Rights of Men, or contrary to the Laws of God, or against the Protestant Religion.

Sixthly, The extent of the Territory of this State, is, and shall be the same which was under the Government of the late Governor John Wentoworth, Esq. Governor of New-Hampshire. Reserving nevertheless, our Claim to the New-Hampshire Grants so called, situate to the West of Connecticut River.

Seventhly, The Right of Trial by Jury in all Cases as heretofore used in this State, shall be preserved inviolate forever.

(part of the draft of the N.H. Constitution, circulated in 1779)
Most of the above was incorporated in our N.H. Constitution of 1784

And to further enumerate our Liberties, (see [Art.] 31. [Meetings of Legislature, for what purpose.], [Art.] 32. [Rights of Assembly, Instruction, and Petition.]

C O N C L U S I O N
NEW-HAMPSHIRE HISTORY OF GOVERNMENT BY PEOPLES'S CONSENT!

FACT A.)

(Ref: Fact. 8, supra) "A Declaration of the RIGHTS of the People of State of New-Hampshire." (see "Thirdly", "Fourthly," and "Fifthly" of draft thereto. (Fourthly, "The whole and intire [P]ower of Government of this State, is vested in, and derived from the [P]eople thereof, and from no other source whatsoever.")

The people also "reserved" to themselves in (Thirdly,) that ". . . the Laws of this State (not inconsistent with said Declaration of INDEPENDENCE). . . " The Declaration of Independence is the basis of New-Hampshire bill of Rights (Constitution).

FACT B.)

"The Bill of Rights was provided as a BARRIER, to protect the individual against arbitrary exactions of majorities, executives, legislatures, courts, sheriffs, and prosecutors, and is the primary distinction between democratic and totalitarian processes." STANDLER ---Supreme Court of Florida en banc, 36 so 2d 443, 445 (1948)
and
"The bill of rights is a bill of their equal, private rights, reserved by the grantors of public power, . . . and therein reserve those personal liberties, which, upon the [e]vidence of [h]istory and their own experience, that they think cannot be surrendered to government." (State v. U.S. Canada Express Co. (N.H. Reports, Dec. 1880) Charles Doe, CJ NH Sup. Ct.)

FACT C.) Two hundred and fifteen years ago (1784) the people adopted "their" Bill of Rights (Articles (1) thru (39), which explicitly "enumerated", certain specific Liberties, that upon evidence of history, and their own experience, they think could not be "surrendered" to their government!

Do to the fact, under Britain's Rule there was "excessive" and "unwarranted" taxation, resulting in the Boston Tea Party, and other protests, they decided (in their Bill of Rights) they could not "wholly" surrender the power to tax, to their government. Therefore, all of their government would be by [t]heir consent. [Art.] 28. is that "reservation", and protection from "excessive" taxation, and 'arbitrary" expansion of unwarranted and "despotic" government. They knew the power to Tax is the power to Destroy!

FACT D.)

PART SECOND FORM OF GOVERNMENT; GENERAL COURT, [Art.] 2. [Legislature, How Constituted.] "The supreme legislative power, within this state, shall be vested in the senate and house of representatives, each of which shall have a negative on the other."

The "common-sense" purpose of this Article was to vest the supreme legislative power, within this state to the general court! Not the Legislative Branch, Not the Judicial Branch, or any other government entity. This explicitly delegates all law and tax making powers to the general-court only, subject [c]onsent of the people, as is reserved in article 28., of the Bill of Rights and "enumerated" in various other articles of the Bill of Rights.

FACT E.)

Pursuant to : [Part Second - Form of Government.] [Art.] 5. [Power to Make Laws, Elect Officers, Define Their Powers and Duties, Impose Fines and Assess Taxes; Prohibited from Authorizing Towns to Aid Certain Corporations.]

The above Title to Art. 5, sets forth the Powers of the general Court, except its Constitutional limitations. The so-called, N.H. Supreme court has failed to acknowledge, in their "erroneous" opinion of the following stated in Art. 5, part II Form of Government: ". . . full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties, or without, SO AS THE SAME BE NOT REPUGNANT OR CONTRARY TO THIS CONSTITUTION, . . . and to set forth the several duties, powers, and limits, of the several civil and military officers of this state, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, SO AS THE SAME BE NOT REPUGNANT OR CONTRARY TO THIS CONSTITUTION; . . ."

The Bill of Rights is the Foundation of our government, and therefore, cannot be encroached upon by the courts, legislature, or judiciary! Its the supreme and fundamental "Rule" of Law, that controls all officials (elected or appointed), for they are [a]ll the Peoples "substitutes" and "agents", and "accountable" to the people, and, their Bill of Rights! Article 28 (bill of Rights) is the "Rule-of-Law", and the legislature is "restricted" to its mandate! The people have "reserved" the Right to "consent" to all Taxes, and their government, that every Representative, Official, (appointed or elected) has taken Oath or affirmation to support and defend under Article 84, Form of Government, part II, (Oath of Civil Officers.)

FACT F.) [Art.] 11. [Elections and Elective Franchises.] reserves to the people the right of referendum (consent to their government via their Ballot at state, or local, elections! (if not inconsistent with their Constitution, Bill of Rights, Article 11, states in part: (with emphasis added) [Art.] 11. " and every inhabitant of the state of l8 years of age and upwards shall have an equal right to vote in any election. . . . . . The general court [s]hall provide by [l]aw for voting by qualified voters who at the time of the biennial or state elections, or of the primary elections therefor, or of city elections, or of town elections by official ballot, . . . IN THE CHOICE OF ANY OFFICER OR OFFICERS TO BE ELECTED OR UPON ANY QUESTIONS SUBMITTED AT SUCH ELECTION. . . . Every inhabitant of the state, having the proper qualifications, has equal right to be elected into office."

The people by their prerogative, in this article explicitly reserved to themselves (in their Bill of Rights) the right to consent to [t]heir government by referendum, at the ballot box. The right to put "any" question on the ballot and the "right" to the choice of any officer they put on the ballot. It is explicitly clear the general court shall by law support this "reserved" liberty of "self-government." And the Supreme court has no jurisdiction to change or interfere with any article in the Bill of Rights, when their language is clear and unambiguous!

Please Note! Copies of the New-Hampshire Constitution 1784 circulated (1997-1998) by the New-Hampshire Secretary of State, in its student summary, states the following, on Article 28. "Art. 28 No taxes can be charged to the people without their consent, or the consent of their representatives in the legislature. The Legislature can give another body (such as a county) the right to tax."

FACT G.)

Page 8, (of court opinion) it states: "Proponents of the bill argue that the rule in Hayes does not apply to the taxing power because the plain language of part I, Article 28 permits "the consent of the people." Most significantly, Part I, Article 12 states that "no part of a man's property shall be taken from him, or applied to public uses, without his own consent, or that of the representative body of the people" and that "[n]or are the inhabitants of this state controllable by any other laws than those to which they, or their representative body, have given their consent." N.H. Const. Pt. 1, art. 12 (emphasis added). Thus, under the construction of Part 1, Article 28 that we are urged to accept, any law could be submitted by the legislature to a vote of the people. This is a result clearly prohibited under our case law, Hayes, 61 N.H. at 325-26. cf. N.H. Const. pt. 1, art. 1 ("all government of right originates from the people, is founded in consent, and instituted for the general good.")

The above case law, (Hayes, 61 N.H. 264, 315-16; and any other case Law stated in this "OPINION" is judicial fiat! The inhabitants of this state has consented to all Laws, and Taxation since June 2, 1784 the Foundation of our "Live Free" or "Die" state. In which actually means "Freedom" from oppressive, arbitrary, taxing, and despotic (controlling) government.

The people have "consented" to all their government, since its formation, by, "voluntarily" yielding to all "acts" of the general court since 1784, by "acquiescence" or "compliance" therewith, without complaint, or "instructions (see Art. 32, Bill of Rights, "Rights of Assembly, Instruction, and Petition.") This gives the option to the people to "instruct" the general court to put any law, or tax, on the ballot to be approved by their "consent" at the ballot box !

"Acquiescence", (16 Am Jur 2d, Section 84, ) "no acquiescence for any length of time can legalize a "usurpation" of power where the people have plainly expressed their will in the constitution and established judicial tribunals to enforce it."

The people plainly expressed their will, in, [Art.] 28. [Taxes, by Whom Levied.] "No subsidy, charge, tax, impost, or duty, [s]hall be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, [o]r their representatives in the legislature, or authority derived from that body." (emphasis added)

The question arises, where does the supreme court get its Constitutional authority, (jurisdiction) to negate (nullify), or change the meaning, or intent, of any Article of the N.H. Bill of Rights? And by what authority was the supreme court, delegated the power of a "permanent constitutional convention", to amend the N.H. Bill of Rights, at its own whim, or according to public-policy? (Known as Judicial Activism)

POWER OF THE CONSTITUTION!

FACT H.)

"Judicial decision, however numerous, are subject to correction by the constitution itself." State v. Arrigui, 44 Idaho 43, 254 P 788, 52 ALR 463
and
"A judge has no more right to disregard and violate the constitution than a criminal has to violate the law." People ex rel. Sammons v. Snow, 340 Ill 464, 173 NE 8, 72 ALR 798.
and
"The constitution of the state is a higher authority than any act or law of any officer or body assuming to act under it, and in case of conflict the constitution must govern and the act or law in conflict the constitution must govern and the act or law in conflict with it must be held to have no legal authority. " Johnson v. Duke, 180 Md 434, 24 A 2d 304.
and

THEREFORE, the courts OPINION is "Ultra vires", (in excess of their powers) and beyond your scope of "authority" and is "Active negligence," which impairs the "reserved" liberties, and "foundation" of New Hampshire Government, as "enumerated" and "established" in their Bill of Rights, that, reserved those "personal" Liberties that by "evidence" of History and their own experience could not be "surrendered" to government!

And being the Justices of the courts are "appointed" by the governor and Council, they are not representative of the people, they are public "employees" for the purpose of defining the laws of the sate, and adjudicating and protecting the constitutional rights of the people in their Bill of Rights, and their powers are not inherent, they are enumerated in various articles of the Bill of Rights, of which they refuse to acknowledge.

The "OBJECTION" to the supreme courts "OPINION" on Case No. 99-086, by this sovereign citizen, is authorized under [Art.] 32. [Rights of Assembly, Instruction, and Petition.]

The court shall take Judicial notice of: "16 Am Jur 2d CONSTITUTIONAL LAW, Sec. 92 --- "Shall." "The use of the word "shall " in a constitutional provision is generally considered as an indication of the mandatory character of the provision, although it has been held that in the constitution of a constitution, the word "shall" may receive a permissive interpretation when necessary to carry out the true intent of the provision in which that word is found."

"A constitutional provision that it shall be the duty of the general assembly to CHERISH SCIENCE is merely DIRECTOR and CANNOT BE ENFORCED BY THE COURTS." (emphasis added) Scopes v. Tennessee 154 Tenn 105, 289 SW 363 53 ALR 821.

By the "Ultra vires" acts, and "Active negligence" and other usurpations of the rights of the people, by judicial activism, by the "Unified" court system, and its administrator David Brock, which created a multi-million dollar court system, to enhance officers of the court, and their profession (a monopoly) for their personal gain, must be "abolished", under Art. 10, N.H. Bill of Rights, and Article 11, of the same. All judicial officers must be "elected" in the future, on a non-partisan ballot. The judicial "oligarchy" over New Hampshire inhabitants must cease.

In future actions please refer to the Bill of rights, as the Bill of rights, instead of (part 1,) most citizens do not know what part 1, is about.

LET THE COURT RECORDS SHOW YOUR OPINION
WAS CHALLENGED AND OBJECTED TO 3/29/99

Respectfully submitted in the Interest of "JUSTICE" under the Rule-of-Law,
the N.H. Bill of Rights!
MAY YOUR CONSCIENCE BE YOUR GUIDE!

______________________________Sui Juris
Charles R. Johnson; Sovereign Inhabitant

cc: to new media and other interested parties.
Dist. under 1st Amendment Rights.

"No man, or combination of men, or interests, shall be permitted to close the doors of liberty and justice, in the face of those, the ALmighty has chosen to defend it."

"C. A. I. R. E." for "America"