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The Enacting Clause

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  • mn_chicago
    Saturday 24 january 2009 For anything to be regarded as law, it has to come from some authority. From that source of autority, there has to exist a
    Message 1 of 2 , Jan 24, 2009
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      Saturday 24 january 2009

      For anything to be regarded as law, it has to come
      from some authority. From that source of autority,
      there has to exist a relationship between the source
      and those to whom the law(s) affect.

      In each state, [or at least in most, for I have not
      checked], the authority of law, as determined by
      each state's constitution, comes from the legislature.
      In order to have the force and effect of law, each
      law is required to have an enacting syle or clause
      in order for the law(s) to be valid.

      Without a valid law, as evidenced by an enacting clause,
      no court can acquire subject matter jurisdiction = no
      complaint, for without a valid law, any complaint is
      insufficient in law.

      For example, in Illinois, one of the forms that all
      laws are constitutionally required to follow is the
      law must contain an enacting style or clause like
      this:

      Article IV section 8(a) The enacting laws of this
      State shall be:

      "Be it enacted by the People of the State of Illinois,
      represented in the General Assembly."

      Any time you are charged with some kind of violation,
      at least make sure there is an enacting clause. You
      find this out by looking for the enacting clause at
      a law library.

      One way for states to circumvent the constitution is
      to create an administrative agency, which is not a
      creation by the constitution, so it does not have to
      guarantee rights found in a constitution because it
      is a legislative creation, with its own set of laws.

      Whenever some administrative agency is attempting to
      enforce its onerous rules/regulations and excessive
      fines, read the enacting clause to see what powers
      were given to the agency by the legislature. It would
      not be unusual for an agency to exceed its authority
      because no one bothers to check its limts or question
      decisions made.

      [Alma, if you are reading this, you now begin to
      understand why Americans "get what we deserve" by
      failing to know the rules. No one says that the
      establisment wants to make it easy to hide their
      abuses and deceptions.]

      more...
    • mn_chicago
      Saturday 24 January 2009 Real life example: Over a period of time, on 9 occasions I did not have change to use a tollroad where the only access is an
      Message 2 of 2 , Jan 24, 2009
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        Saturday 24 January 2009

        Real life example:

        Over a period of time, on 9 occasions I did not
        have change to use a tollroad where the only
        access is an automated toll entrance with no
        change, and FRNs cannot be used.

        One day, I receive an administrative determination
        that in addition to the $14 in unpaid tolls, I have
        to pay an additional $20 per violation, total due,
        $194.00.

        As is my right, I demand an administrative hearing.
        I read up on the administrative rules and learned that
        I have the right to cross-examine witness(es), and
        the right to challenge photographic evidence for
        which a proper foundation has not been laid in the
        introduction.

        Hearing date: [HO = hearing officer]

        HO: "Please identify the license plate and vehicle on
        the computer screen."

        Me: Absolutely not! I object to the images on a
        computer screen as improper and irrelevant.

        HO: "Objection overruled. For the record, the
        Tollway has established a prima facie case against the
        defendant."

        Me: Objection! I demand a witness from the Tollway
        that I can cross-examine.

        HO: "Denied."

        Me: I object to the use of these unidentified images
        on a computer screen as irrelevant and hearsay.

        HO: "Denied."

        Long story short, the HO prints out a form and hands
        it to me. "OFFICER'S FINAL ORDER"...
        "JUDGMENT TOTAL: 194"

        Me: Wait a minute! What does "194" mean?

        HO: "Dollars."

        Me: Dollars of what?!

        [Understand that this guy does not like me for all
        the questions and demands I made throughout this
        sham proceding, so he responds in an intended
        smart-a$$ way:]

        HO: "Canadian dollars. Now get out of here!"

        I just smiled and walked away.

        Know that my Notice and Demand to Dismiss includes
        the fact that Canadian dollars were demanded of me.
        The day after that administrative hearing, I sent
        the Tollway Authority a Notice and Demand for
        specification as to what it was demanding from me.
        Not what I might be able to volunteer, but precisely
        what was being lawfully demanded as an exactment?

        No response.

        A monthe later, a "Motion To Dismiss Or In The
        Alternative a Specification of Errors" from the
        State's Attorney General, authorized to represent
        the Tollway, arrives in reponse to my Notice and
        Demand To Dismiss.

        In the Tollway motion is stated, my "Notice and
        Demand for remedy sets forth a unique argument that
        plaintiff does not know what a judgment of $194.00
        is supposed to mean."
        [Now the $ and ".00" has been added]

        Two paragraphs later is stated, "The hearing officer's
        final order from which that phrase is taken from,
        states in the coupon that the 'amount due is $194.00'"
        [Now a coupon is referenced to back up a judgment.]

        The next sentence concludes, "This clearly means US
        dollars."

        Checkmate!

        Court date, 3 February.

        Cheers!

        more, but not sure when...
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