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Article 61 and petition for redress of grievance

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  • jm367@bellsouth.net
    I learned in Chisholm v State of Georgia that a petition of right was presented to the person of the sovereign. The judge jumped from that to the fact there
    Message 1 of 3 , Aug 1, 2004
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      I learned in Chisholm v State of Georgia that a petition of right was presented to the person of the sovereign.  The judge jumped from that to the fact there is no King here to conclude that a petition of right [for redress of grievances] cannot be.  That's wrong. It was judicial misdirection.  Magna Carta in the redress of grievances article provides for when the person of the sovereign is absent from the realm.
      That Langford case says there is no King, that is no person of the sovereign, in America.   So, the person of the sovereign is absent from the realm.  That circumstance does not prevent a petition in the nature of a petition of right for redress of grievance from being presented.  In such cases, the petition goes to the justicar.
      There is sovereign immunity from suit for damages.  A petition is not a suit.  It's a proceeding.  There is no adverse party.  And amends are not damages.
      There is a reason, hitherto not understood by me, why the authors of the Bill of Rights provided that Congress could not abridge the right to petition for redress of grievance, when freedom of speech was already secured.   They were providing that Congress could not abridge article 61 of Magna Carta.  Without article 61, Magna Carta contained no incentive for the sovereign to honor its terms of peace.  Without article 61 being preserved from act of Congress, neither does the constitution contain any incentive for Government to honor its terms of peace.
       
    • swwyatt@juno.com
      I do not understand; there appears to be a preamble and 37 numbered paragraphs and a verification in the translated 1297 Magna Carta. What is & does Article
      Message 2 of 3 , Aug 2, 2004
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        I do not understand;  there appears to be a preamble and 37 numbered paragraphs and a verification  in the translated 1297 Magna Carta.  What is & does Article 61 address?
         
         
        Wayne
         
         
        On Sun, 1 Aug 2004 17:03:46 -0500 <jm367@...> writes in part:
         They were providing that Congress could not abridge article 61 of Magna Carta.  Without article 61, Magna Carta contained no incentive for the sovereign to honor its terms of peace.  Without article 61 being preserved from act of Congress, neither does the constitution contain any incentive for Government to honor its terms of peace.
      • CCDude
        Has anyone been able to lawfully and efficaciously default a Frivolous Penalty: If so, can you share your procedure, paperwork, and scope & sequence. Thanks in
        Message 3 of 3 , Aug 2, 2004
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          Has anyone been able to lawfully and efficaciously default a Frivolous Penalty:

          If so, can you share your procedure, paperwork, and scope & sequence.

           

          Thanks in advance...

          Bob Miller

          Re: FrivPen - default process?? precedent??

           

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