{"id":2206,"date":"2014-09-14T19:20:20","date_gmt":"2014-09-14T19:20:20","guid":{"rendered":"http:\/\/ourlandstoo.org\/?page_id=2206"},"modified":"2017-11-04T20:04:12","modified_gmt":"2017-11-04T20:04:12","slug":"how-to-get-paid-for-overturning-unconstitutional-ordinances-codes-statutes-etc","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=2206","title":{"rendered":"“Notice of Constitutional Question”; Overturn Any Statute, Code, Ordinance (etc.) or Act of Congress Ever"},"content":{"rendered":"

\u00a0 \u00a0 “Challenging a Statute” OR<\/span><\/em> any “Act of Congress” as “unconstitutional” is governed under Federal Rules of Civil Procedure Rule 5.1<\/em><\/a>; here’s a simplified version of the procedure for challenging a statute OR<\/span><\/em> act of congress under this rule:<\/h3>\n

Step One:<\/span> \u00a0<\/span><\/h2>\n
File a “<\/span>Notice of Constitutional Question<\/a><\/span>” <\/span>which cites the exact statute <\/span><\/i>AND<\/span><\/span><\/em> why it is in question; attach any\u00a0paperwork (research) which backs your\u00a0claim at\u00a0the local Clerk of Court; by law (under\u00a0<\/span><\/i><\/span>28 U.S.C. \u00a72403<\/a>),\u00a0the notice & attached paperwork will be directed from the court to:<\/span><\/i><\/h5>\n
The County District Attorney if its a county or city ordinance (municipal code), building code, etc.,<\/em><\/span><\/h5>\n
The State Attorney General if its a State Statute,<\/em><\/span><\/h5>\n
or<\/em> The United States Attorney General<\/a>\u00a0(currently\u00a0Eric H. Holder, Jr.<\/a>)<\/em> if its a Federal Statute<\/em>.<\/span><\/h5>\n

NOTE<\/span>: \u00a0One way\u00a0“statutes” & “acts of congress” may\u00a0be challenged is by trying them as\u00a0“Arbitrary & Capricious”<\/a>\u00a0(unfounded &\/or “not in accordance with law)<\/em><\/h3>\n
\u00a0 \u00a0A\u00a0Notice of Constitutional Question<\/a>\u00a0may be filed\u00a0<\/em>either\u00a0by certified or registered mail<\/a> OR<\/em><\/span>\u00a0by 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).<\/em><\/strong><\/h5>\n
IMPORTANT:<\/span> \u00a0Be 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<\/span><\/em> to ensure it doesn’t get lost & that it is responded to in a timely manner.<\/h5>\n
ALSO NOTE:<\/span> \u00a0By law,<\/em> employees of the state, government, county, city, etc. whose statute is in question may not legally file a<\/span> Notice of Constitutional Question<\/a><\/em>; the notice\u00a0must\u00a0<\/em>come from a\u00a0citizen or affected\u00a0individual not working for the government.<\/em><\/span><\/h5>\n

\u00a0 \u00a0The\u00a0Notice of Constitutional Question<\/a>\u00a0will ensure that the attorney general is notified of constitutional challenges &\u00a0has an opportunity to exercise the statutory right to intervene at the earliest possible point in the litigation:<\/h4>\n

Rules Regarding “Intervention by Attorney General”<\/span><\/h2>\n
\u00a0 \u00a0 \u00a0aka “Final Decision on the Merits”:<\/span><\/span>\u00a0Unless the court sets a later time,<\/em> the attorney general may intervene within 60 days after the notice is filed OR<\/span><\/em>\u00a0the court certifies the challenge- whichever is earlier<\/em>.<\/span>\u00a0 Before the time to intervene expires, the court may reject the constitutional challenge<\/span>– but may not enter a final judgment holding the statute unconstitutional.<\/span><\/em><\/h5>\n
\u00a0\u00a0\u00a0The court may reject a constitutional challenge to a statute at any time, \u00a0but they may not enter a final judgment holding a statute unconstitutional before the attorney general has responded or<\/em> the intervention period has expired without response. \u00a0The court may extend the 60-day period on its own or on motion.<\/h5>\n
<\/h5>\n
\u00a0 \u00a0One may lay claim to an officer’s bond via filing a Tort Form<\/a>\u00a0(aka “Liability Claim”) to the agency that\u00a0hired\u00a0<\/em>the particular law enforcement agency that affected you. \u00a0This lets them know that *they owe you* & allows them to analyze the evidence & either “settle” (pay you according to your claims) or\u00a0fight it in court. \u00a0When filing a tort,\u00a0<\/em>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\u00a0additional amount for\u00a0damages sustained (known as “personal injury”). \u00a0Personal injury does not mean that you were physically assaulted- according to United States law- a\u00a0damage to your civil rights IS a personal injury. \u00a0When the agency denies your claim (its rare that they would not), you will then have 6 months (more if it takes you longer to\u00a0prepare the case so long as you have records proving such) to file a counter-suit with the Court of Appeals.<\/em><\/h5>\n

Another Technique\u00a0(The “Rattlesnake Method”):<\/em><\/span><\/h4>\n
\u00a0 \u00a0If you have given the officer(s) sufficient (calm) warning that by giving you a ticket that they are\u00a0violating your rights AND<\/span> you have sufficient evidence of this, it is then possible to bypass the Superior Court altogether & simply file immediately for a Citizen’s Arrest<\/a> on “the man or woman who is liable to the Constitutional Oath they swore” for\u00a0Deprivation\u00a0of Rights Under Color\u00a0of Law<\/a>\u00a0(if one officer), Conspiracy to Interfere With Civil Rights<\/a> (if two or more officers), & also Action for Neglect to Prevent, Aiding & Abetting, & Perjury of Oath<\/a> could also potentially be applicable.\u00a0 For an officer to enforce a statute that violates rights under “color of law” is illegal.\u00a0 Learn more about filing a Citizen’s Arrest<\/a>.<\/em><\/h5>\n

REMEMBER!<\/span><\/em><\/h1>\n

The Second Flag of The United States:<\/h3>\n

\"Don't<\/a><\/p>\n

The Second Flag of The United States:\"An<\/a><\/h3>\n

This section will continue to be developed asap. \u00a0 Please contact Distance@WIldWIllpower.org to offer essential insights or research.<\/span><\/h2>\n

Sources:<\/h2>\n

Procedure for “Trying a Law as Unconstitutional” by Cornell Law University: \u00a0http:\/\/www.law.cornell.edu\/rules\/frcp\/rule_5.1<\/a><\/strong><\/p>\n

Civil Rule 4: \u00a0http:\/\/www.law.cornell.edu\/rules\/frcp\/rule_4\u00a0<\/a><\/strong><\/p>\n

“Bond” on Black’s Law Dictionary: \u00a0http:\/\/thelawdictionary.org\/bond-n\/<\/a><\/strong><\/p>\n

Fourteenth Amendment on Archives.gov: \u00a0http:\/\/www.loc.gov\/rr\/program\/bib\/ourdocs\/14thamendment.html<\/a><\/strong><\/p>\n

Filing a Tort Claim with the state: \u00a0http:\/\/des.wa.gov\/services\/Risk\/claims\/Pages\/standardTortClaims.aspx<\/a><\/strong><\/p>\n

“An Appeal to Heaven” aka Pine Tree Flag on Wikipedia: \u00a0http:\/\/en.wikipedia.org\/wiki\/Pine_Tree_Flag<\/a><\/strong><\/p>\n

“Don’t Tread On Me” aka Gadsden Flag on Wikipedia: \u00a0http:\/\/en.wikipedia.org\/wiki\/Gadsden_flag<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

\u00a0 \u00a0 “Challenging a Statute” OR any “Act of Congress” as “unconstitutional” is governed under Federal Rules of Civil Procedure Rule 5.1; here’s a simplified version of the procedure for challenging a statute OR act of congress under this rule: Step One: \u00a0 File a “Notice of Constitutional Question” which cites the exact statute AND … Continue reading “Notice of Constitutional Question”; Overturn Any Statute, Code, Ordinance (etc.) or Act of Congress Ever<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":2083,"menu_order":5,"comment_status":"open","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-2206","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/2206","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2206"}],"version-history":[{"count":5,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/2206\/revisions"}],"predecessor-version":[{"id":5517,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/2206\/revisions\/5517"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/2083"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2206"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}