Writ of Mandamus is something that We the People need to utilize frequently in order to re-establish Americanism in American Law, in our American Courts.Message 1 of 1 , Jan 29, 2004View SourceWrit of Mandamus is something that We the People need to utilize frequently in order to re-establish Americanism in American Law, in our American Courts. Please read the article I posted to ed44[ http://groups.yahoo.com/group/ed44/ ] on Writ of Mandamus and question what you do not understand.My first comment on the informative article on Mandamus regards the author's conclusion. Here we see why Mandamus is not utilized by Attorneys we hire. We see why they allow Judges to overstep the limits of their authority.
"XII. CONCLUSIONBefore thinking mandamus, consider the expenses and the impact of the filing on future proceedings before the respondent."It is fear of how they will be treated by the Judge, and the friends of the Judge, (other Judges and Attorneys) the next time they go to Court with their next victim. It is more advantageous for Attorneys to maintain their relationship with the gang that sits on the Bench (Judges & Justices) than it is to challenge their 'Abuse of Discretion'.You see - In a Mandamus you do NOT name the defendant. You name the Judge as the 'respondent'. It puts the onus on them to defend their self and their act or failure to act. It requires they prove their authority (jurisdiction & discretion) for their ruling, opinion, judgment or failure to enter a Ruling that is according to the Law & Facts of your case. Attorneys do not want to put a Judge on the hot-seat. You do not need have the same fears. Our Courts are not our play ground where we extort and plunder. It is where we, as People, 'establish justice'.2nd comment/observation - Note how Mandamus is stated as available to "defend the jurisdiction of the court". This is rather vague and contradictory until you get a firm grasp on the definition of "court" and firmly understand that "jurisdiction", that is 'authority' of a Judge, and Justices, is extremely limited.What is the limit on their jurisdiction? It is the plain language of the Law. What is the "jurisdiction of the court" that WE need to defend? It is OUR personal, individual, jurisdiction established by our DOI, our US Constitution, our State Constitution, Acts of Congress, and statutes of our State Legislators that, together, comprise the "supreme Law of the Land".What is the Court? It is OUR forum, OUR tribunal. It is where We the People go to exercise OUR 'divine rights' as KINGS. It is NOT where the Judge sits as King with "divine right to rule". THIS is the key difference between Americanism, American Law, American Courts, and those of King George, and HIS 'court' from whom we declared our Independence.If the Judge in YOUR court is 'abusing discretion'. That is, ignoring the Law, or attempting to use cleaver language, justified by 'case cites' as "authorities" to circumvent our supreme Law of the Land, depriving you of your jurisidiction, that is - YOUR Rights, Privileges, and Immunities, then utilize mandamus.The Judge has NO immunity if you utilize Writs, like a Writ of Mandamus, properly. A Writ of Mandaums strips them of Immunity if they do not respond or fail to responde adequately.Simply put - In a Writ of Mandamus you are making an Order to the Judge. You state - THIS is the Law, THESE are the facts that are undisputed. Therefore this is what YOU, Judge, MUST, do. Failure do so is an exercise of jurisdiction in absence of discretion. You show the act, or failure to act, by the judicial Official is NOT an "abuse of discretion" - It is a violation of Law. And the human person holding the position of Public Trust, as Judge, is no better than you in American Law. Their malfeasance and non-feasance, deriliction of duty, subjects them to the same consequences that you face if you violate the law.NOTE ALSO - You can use a Writ of Mandamus against ANY Public Office holder, elected, appointed, or employed, that is oversteping their authority or refusing to do their duty. HOLD THEM ACCOUNTABLE in defense of Americanism.