“Challenging a Statute” OR any “Act of Congress” as “unconstitutional” is governed under Rule 5.1; here’s a simplified version of the procedure for challenging a statute OR act of congress under this rule:
File a “Notice of Constitutional Question” which cites the exact statute AND why it is in question; attach any paperwork (research) which backs your claim at the local Clerk of Court; by law (under 28 U.S.C. §2403), the notice & attached paperwork will be directed from the court to:
The County District Attorney if its a county or city ordinance (municipal code), building code, etc.,
The State Attorney General if its a State Statute,
or The United States Attorney General (currently Eric H. Holder, Jr.) if its a Federal Statute.
NOTE: One way “statutes” & “acts of congress” may be challenged is by trying them as “Arbitrary & Capricious”.
A Notice of Constitutional Question may be filed either by certified or registered mail OR by sending it to an electronic address designated by the attorney general for this purpose & must be done “promptly” by the challenging party (immediately after they are affected OR as soon as they realize they are legally able to do this).
IMPORTANT: Be sure to have the Clerk of Court make a copy of all paperwork & then stamp & date it so that you will have a record of the day that you filed it to ensure it doesn’t get lost & that it is responded to in a timely manner.
ALSO NOTE: By law, employees of the state, government, county, city, etc. whose statute is in question may not legally file a Notice of Constitutional Question; the notice must come from a citizen or affected individual not working for the government.
The Notice of Constitutional Question will ensure that the attorney general is notified of constitutional challenges & has an opportunity to exercise the statutory right to intervene at the earliest possible point in the litigation:
Rules Regarding “Intervention by Attorney General”
aka “Final Decision on the Merits”: Unless the court sets a later time, the attorney general may intervene within 60 days after the notice is filed OR the court certifies the challenge- whichever is earlier. Before the time to intervene expires, the court may reject the constitutional challenge– but may not enter a final judgment holding the statute unconstitutional.
The court may reject a constitutional challenge to a statute at any time, but they may not enter a final judgment holding a statute unconstitutional before the attorney general has responded or the intervention period has expired without response. The court may extend the 60-day period on its own or on motion.
Getting Paid to Perform This Civil Duty
First off, enforcing an illegal statute under “color of law” is a $10,000 fine *per officer present* according to U.S.C. Deprivation of Rights Under Color of Law; because officers don’t make the laws (usually its congress, city councils, or county board of directors), each officer pays into something called a “bond” *just in case* they accidentally trample over someone’s rights by enforcing an illegal statute. Officers pay into their bonds just like people pay into insurance- they pay a fixed price- & then if it gets “dinged” (they violate someone’s rights & that person goes after the officer’s bond), their bond (insurance) goes up. This helps put officers in check because they don’t want to be “high liability officers”, & this helps provide damaged parties with a sizable chunk that the city, county, etc. has to pay out because they were *supposed* to not pass unconstitutional ordinances in the first place according to:
Yep- you got it- according the The Fourteenth Amendment– United States public officials aren’t legally able to violate ANYONE’S rights- citizen OR non-citizen!
One may lay claim to an officer’s bond via filing a Tort Form (aka “Liability Claim”) to the agency that hired the particular law enforcement agency that affected you. This lets them know that *they owe you* & allows them to analyze the evidence & either “settle” (pay you according to your claims) or fight it in court. When filing a tort, include $10,000 per officer, compensation for any time lost (keep a daily log detailing “what you did” in regards to developing the case, researching, etc. as well as any meal receipts so that you may be reimbursed), & also any additional amount for damages sustained (known as “personal injury”). Personal injury does not mean that you were physically assaulted- according to United States law- a damage to your civil rights IS a personal injury. When the agency denies your claim (its rare that they would not), you will then have 6 months (more if it takes you longer to prepare the case so long as you have records proving such) to file a counter-suit with the Court of Appeals.
Another Technique (The “Rattlesnake Method”):
If you have given the officer(s) sufficient (calm) warning that by giving you a ticket that they are violating your rights AND you have sufficient evidence of this, it is then possible to bypass the Superior Court altogether & simply file immediately for a Citizen’s Arrest on “the man or woman who is liable to the Constitutional Oath they swore” for Deprivation of Rights Under Color of Law (if one officer), Conspiracy to Interfere With Civil Rights (if two or more officers), & also Action for Neglect to Prevent, Aiding & Abetting, & Perjury of Oath could also potentially be applicable. For an officer to enforce a statute that violates rights under “color of law” is illegal. Learn more about filing a Citizen’s Arrest.
The First Flag of The United States:
This section will continue to be developed asap. Please contact Distance@WIldWIllpower.org to offer essential insights or research.
Procedure for “Trying a Law as Unconstitutional” by Cornell Law University: http://www.law.cornell.edu/rules/frcp/rule_5.1
Civil Rule 4: http://www.law.cornell.edu/rules/frcp/rule_4
“Bond” on Black’s Law Dictionary: http://thelawdictionary.org/bond-n/
Fourteenth Amendment on Archives.gov: http://www.loc.gov/rr/program/bib/ourdocs/14thamendment.html
Filing a Tort Claim with the state: http://des.wa.gov/services/Risk/claims/Pages/standardTortClaims.aspx
“An Appeal to Heaven” aka Pine Tree Flag on Wikipedia: http://en.wikipedia.org/wiki/Pine_Tree_Flag
“Don’t Tread On Me” aka Gadsden Flag on Wikipedia: http://en.wikipedia.org/wiki/Gadsden_flag