Constitution Liberty Eagle

Citizens of the American Constitution
Jack & Margy Flynn, TakeBackOurRights@yahoo.com

THIS WEB SITE IS INTENDED TO HELP CITIZENS RESTORE CONSTITUTIONAL GOVERNMENT AND JUSTICE TO THIS NATION AND OUR COURTS - A HIGH IDEAL - BUT ATTAINABLE THROUGH CITIZENS LIKE YOU, DEDICATED TO THE AMERICAN CONSTITUTION

MOTIONS & JUDICIAL NOTICE






Motion to Claim and Exercise Constitutional Rights


NAME OF COURT

COUNTY OF XXXXXXX

STATE OF XXXXXXX

 

NAME OF PLANTIFF

             Plaintiff 

v.                                                                             Case No.   XXX _XXXX

"Name of Defendent",

              Defendant 

 

MOTION TO CLAIM AND EXERCISE CONSTITUTIONAL RIGHTS and REQUIRE THE PRESIDING JUDGE TO RULE UPON THIS MOTION, and ALL PUBLIC OFFICERS OF THIS COURT TO UPHOLD SAID RIGHTS

                       COMES NOW Defendant "Name of Defendent", and moves the court, without accepting the jurisdiction of the court, pursuant to oaths sworn by the presiding judge and the attending public officers:

          1.          To acknowledge and act in accordance with a United States Federal Court ruling, to wit:  "The claim and exercise of a Constitutional Right cannot be converted into a crime."  Miller v. U.S. 230 F, 2d 286, 489;

          2.          To honor, uphold and abide by the oaths taken by the presiding judge and attending court officers, pursuant to the Constitution of the United States of America, Article VI, Clauses 2 and 3, and the Constitution of the Republic of New Mexico, Article 20, Section One, (Replace New Mexico constitutional reference with correct one for your state)  in this matter;

          3.          To provide due process of law, pursuant to the First, Fourth, Fifth, Sixth, Seventh, Ninth and Fourteenth Amendments of the Constitution of the United States of America, and pursuant to Article II, Sections 2, 4, 12 and 18 of the Constitution of the Republic of New Mexico (Replace New Mexico constitutional reference with correct one for your state), and as required by the aforementioned oaths taken by the presiding judge and attending court officers, in this matter;

          4.          To provide equal protection under the law, as required by the National and state Constitutions and pursuant to the referenced oaths;

          5.          To respect, protect and uphold the Rights of "Last Name of Defendent", an American Citizen, in this matter, which Rights are guaranteed in the National and state Constitutions, pursuant to referenced oaths;

          6.          To acknowledge and uphold the Constitution of the United States of America as the Supreme Law of this court, in this matter, pursuant to the mandate, in Article II, Section One, of the Constitution of the Republic of New Mexico (Replace New Mexico constitutional reference with correct one for your state), that the National Constitution is the Supreme Law of New Mexico;

          7.          To acknowledge and so rule that any court and/or judge which denies a Citizen to present evidence in any hearing or trial in total support of her position, which evidence had previously been sent to Plaintiff and is unrebutted by Plaintiff and counsel, is perjury of oath and denial of due process of law.  Since neither Plaintiff nor counsel rebut this evidence, then, there is no dispute, and since there is no dispute, there is no controversy, and since there is no controversy, charges must be dismissed; 

          8.          To acknowledge and so rule that this court and no other court and no judge in New Mexico (Replace New Mexico constitutional reference with correct one for your state) has jurisdiction over or can issue a court order against an American Citizen if that court and/or judge:  (a) do not provide due process of law; (b) do not provide equal protection under the law; (c) do not respect and uphold the Constitutional Rights of American Citizens, and in the instant action, the Rights of "Name of Defendent", an American Citizen, pursuant to the Rights guaranteed in the Constitutions of the United States of America and the Republic of New Mexico (Replace New Mexico constitutional reference with correct one for your state); (d) act with sufficient force so as to deny the powers of the National and state Constitutions.    

          Wherefore Defendant "Last Name of Defendent" respectfully moves this court to grant this Motion for the aforesaid reasons.

 

                                                                          Respectfully submitted,

                                                  All Rights Reserved         

                                                                          ________________________________

                                                                          "Name of Defendent", American Citizen

CERTIFICATE OF SERVICE

            I certify that on this ____ day of January, 2004, a true and exact copy of the aforesaid Motion was sent, first class postage prepaid, by U.S. mail, to Name of Plaintiff, Post Office Box xxxxx, xxxx, State zipcode

 

All Rights Reserved

_________________________________

"Name of Defendent", American Citizen





Motion to Demand Court Read All Pleadings


NAME OF COURT

COUNTY OF XXXXXXX

STATE OF XXXXXXX

 

NAME OF PLANTIFF

             Plaintiff 

v.                                                                             Case No.   XXX _XXXX

"Name of Defendent",

              Defendant 

 

MOTION TO DEMAND THIS COURT READ ALL PLEADINGS DEFENDANT FILES WITH THIS COURT, AND ADHERE ONLY TO CONSTITUTIONALLY COMPLIANT LAW AND CASE LAW, AND MORE PARTICULARLY, THE BILL OF RIGHTS, IN ITS RULINGS

 ________________________________________________________________

            COMES NOW Defendant, "Name of Defendent", and moves this Honorable Court, pursuant to the oaths sworn by the presiding judge and attending public officers, and their duties to the National Constitution, in any and all proceedings before this Honorable Court in this matter:

          1.          To read, consider, comprehend and rule upon all motions and pleadings Garcia files with this Court, with Court rulings based only in and supported by laws, statutes and case law in agreement with, and not in opposition or contradiction to, the National Constitution, specifically, the Bill of Rights;      

2.          To honor, uphold and abide by the oaths taken by the presiding judge and attending court officers, pursuant to the Constitution of the United States of America, Article VI, Clauses 2 and 3, and Constitutional requirements thereof;

            3.        Pursuant to those oaths, to base and support all rulings in law or case law which is Constitutionally compliant and which will not: (A) deny the powers of and Rights guaranteed in the National Constitution; (B) deny Constitutional Rights to American Citizens, in the instant case, "Name of Defendent"; (C) violate federal and/or state Constitutionally compliant laws; (D) shield, exonerate or hold Defendant(s) harmless and immune from violating federal or state laws, federal or State Constitutions, violating "Last Name of Defendent"; Constitutional Rights and Rights of due process of law, wrongdoing(s), crimes, criminal activity(ies), fraud, collusion and conspiracy, insurrection, sedition and anarchy.     

4.       To acknowledge that American Citizens, in the instant case, "Name of Defendent", are Sovereign in this Nation, and that the government, this, and other Courts serve the American Citizens pursuant to:  (A) limited powers delegated from the Constitution, which delegated powers are derived from the People; (B) oaths taken to uphold the Constitution; (C) the Constitution, specifically, the Bill of Rights; (D) powers authorized only by the Constitution or laws in full compliance therewith, specifically, the Bill of Rights, and (E) acknowledge that lack of Constitutional authority precludes any action and voids any ruling by this Court. 

Wherefore, since the Constitution is the Supreme Law of this Land, to which this Court and presiding judge are sworn, Defendant "Last Name of Defendent", respectfully moves this Honorable Court to grant this Motion, based in and supported by the federal Constitution, for the aforesaid reasons, to honor and uphold her Constitutional Rights during all judicial proceedings, to read Edward's pleadings and rule based only in law and case law compliant with, and not in opposition or contradictory to, the Constitution. 

                                                Respectfully submitted,

                                                             All Rights Reserved 

 

                                                ________________________________

                                                            "Name of Defendent", American Citizen

                                                c/o xxxxx Drive

                                                                         xxxxxxx, State

                                                            (xxx) xxx-xxxx       

 

Certificate of Service

 

            I certify that on this ___ day of _________ a true and correct copy of the foregoing Motion was sent by U.S. Mail, first class, postage prepaid to "attorneys or whoever" of record for Plaintiff.

 

All Rights Reserved

 

_______________________________

 "Name of Defendent", American Citizen





Motion for Citizens Demand for Trial by Jury


FOURTH JUDICIAL DISTRICT COURT

COUNTY OF SAN MIGUEL

STATE OF NEW MEXICO

NAME OF COURT

COUNTY OF XXXXXXX

STATE OF XXXXXXX

 

NAME OF PLANTIFF

             Plaintiff 

v.                                                                             Case No.   XXX _XXXX

"Name of Defendent",

              Defendant 

 

MOTION FOR CITIZEN'S DEMAND FOR TRIAL BY JURY

          COMES NOW "Name of Defendent", American Citizen, Defendant in Error, non-licensed attorney litigant, the undersigned, and, without accepting the jurisdiction of this court, moves the court as follows:

1.  Pursuant to the Rights secured for her in the Constitution of the United States of America, Article III, Section 2, Paragraph 3, and in the 6th Amendment to said Constitution; and in Article II, Sections 12 and 18, of the New Mexico State Constitution (Replace New Mexico constitutional reference with correct one for your state), "Last Name of Defendent" hereby states her demand for trial by jury.

2.  "Last Name of Defendent" demands that the presiding judge, pursuant to his oath, honor and abide by said oath, uphold and support the referenced National and state Constitutions, and "Last Name of Defendent" Rights secured therein, and provide due process of law, in a judicial forum, as required, by law, to honor and uphold the Constitution and Edwards' unalienable Rights.  

                                                Respectfully submitted,

                                                All Rights Reserved

 

                                                __________________________________ "Name of Defendent", American Citizen

                                                C/o xxx  Drive

                                                xxxxx, State [zip code]

 

CERTIFICATE OF SERVICE

                                               

          I certify that a true and correct copy of the foregoing Motion was sent, first class, by U.S. Mail, postage prepaid, to xxxxxxx, Post Office Box xxxxx, xxxxx, State, zipcode on this ____day of xxxx, 200X.

 

All Rights Reserved





Judicial Notice


NAME OF COURT

COUNTY OF XXXXXXX

STATE OF XXXXXXX

 

NAME OF PLANTIFF

             Plaintiff 

v.                                                                             Case No.   XXX _XXXX

"Name of Defendent",

              Defendant 

 

MOTION TO CLAIM AND EXERCISE CONSTITUTIONAL RIGHTS and REQUIRE THE PRESIDING JUDGE TO RULE UPON THIS MOTION, and ALL PUBLIC OFFICERS OF THIS COURT TO UPHOLD SAID RIGHTS

                       COMES NOW Defendant "Name of Defendent", and moves the court, without accepting the jurisdiction of the court, pursuant to oaths sworn by the presiding judge and the attending public officers:

          1.          To acknowledge and act in accordance with a United States Federal Court ruling, to wit:  "The claim and exercise of a Constitutional Right cannot be converted into a crime."  Miller v. U.S. 230 F, 2d 286, 489;

          2.          To honor, uphold and abide by the oaths taken by the presiding judge and attending court officers, pursuant to the Constitution of the United States of America, Article VI, Clauses 2 and 3, and the Constitution of the Republic of New Mexico, Article 20, Section One, (Replace New Mexico constitutional reference with correct one for your state)  in this matter;

          3.          To provide due process of law, pursuant to the First, Fourth, Fifth, Sixth, Seventh, Ninth and Fourteenth Amendments of the Constitution of the United States of America, and pursuant to Article II, Sections 2, 4, 12 and 18 of the Constitution of the Republic of New Mexico (Replace New Mexico constitutional reference with correct one for your state), and as required by the aforementioned oaths taken by the presiding judge and attending court officers, in this matter;

          4.          To provide equal protection under the law, as required by the National and state Constitutions and pursuant to the referenced oaths;

          5.          To respect, protect and uphold the Rights of "Last Name of Defendent", an American Citizen, in this matter, which Rights are guaranteed in the National and state Constitutions, pursuant to referenced oaths;

          6.          To acknowledge and uphold the Constitution of the United States of America as the Supreme Law of this court, in this matter, pursuant to the mandate, in Article II, Section One, of the Constitution of the Republic of New Mexico (Replace New Mexico constitutional reference with correct one for your state), that the National Constitution is the Supreme Law of New Mexico;

          7.          To acknowledge and so rule that any court and/or judge which denies a Citizen to present evidence in any hearing or trial in total support of her position, which evidence had previously been sent to Plaintiff and is unrebutted by Plaintiff and counsel, is perjury of oath and denial of due process of law.  Since neither Plaintiff nor counsel rebut this evidence, then, there is no dispute, and since there is no dispute, there is no controversy, and since there is no controversy, charges must be dismissed; 

          8.          To acknowledge and so rule that this court and no other court and no judge in New Mexico (Replace New Mexico constitutional reference with correct one for your state) has jurisdiction over or can issue a court order against an American Citizen if that court and/or judge:  (a) do not provide due process of law; (b) do not provide equal protection under the law; (c) do not respect and uphold the Constitutional Rights of American Citizens, and in the instant action, the Rights of "Name of Defendent", an American Citizen, pursuant to the Rights guaranteed in the Constitutions of the United States of America and the Republic of New Mexico (Replace New Mexico constitutional reference with correct one for your state); (d) act with sufficient force so as to deny the powers of the National and state Constitutions.    

          Wherefore Defendant "Last Name of Defendent" respectfully moves this court to grant this Motion for the aforesaid reasons.

 

                                                                          Respectfully submitted,

                                                  All Rights Reserved         

                                                                          ________________________________

                                                                          "Name of Defendent", American Citizen

CERTIFICATE OF SERVICE

            I certify that on this ____ day of January, 2004, a true and exact copy of the aforesaid Motion was sent, first class postage prepaid, by U.S. mail, to Name of Plaintiff, Post Office Box xxxxx, xxxx, State zipcode

 

All Rights Reserved

_________________________________

"Name of Defendent", American Citizen






Citizens of the American Constitution