State of Louisiana v. Malinda Nicole DiRosa EXHIBIT 2
BRIEF IN SUPPORT OF THE FACT THAT THE LOUISIANA STATE
CONSTITUTION DOES DENY A CITIZEN OF THE STATE OF LOUISIANA FROM
HOLDING PUBLIC OFFICE
Article
IV Section 2 of the Louisiana State Constitution entitled
"Qualifications" does state:
"To be eligible for any statewide elective office, a person, by the
date of his qualification as a candidate, shall have attained the age
of twenty-five years, be an elector, and have been a citizen of the
United States and of this state for at least the preceding five
years. " Article IV Section 2 of the Louisiana State Constitution
So, in
order "to be eligible for any statewide elective office" one must
"have been a citizen of the United States and of this state for at
least the preceding five years." According to the Slaughterhouse
Cases there is a citizenship of the United States, and a citizenship
of a State, which are distinct from each other .
"It is quite clear, then, that there is a citizenship of the United
States, and a citizenship of a State, which are distinct from each
other, and which depend upon different characteristics or
circumstances in the individual." Slaughterhouse Cases 83 U.S. 36
If there
is a citizenship of the United States, and a citizenship of a State,
which are distinct from each other, then when Article IV Section 2
does mention "a citizen of the United States and of this state."
to which state is it referring? It is a little remarkable, if this
clause was intended to refer to the State of Louisiana, that any
reference to Louisiana is carefully avoided. One can not be both a
citizen of the United States and a Citizen of the State of Louisiana,
which are distinct from each other, hence, no one would be eligible.
It is too clear for argument that the phraseology was adopted
understandingly and, with a purpose.
To
follow this logic, it can not be denied that a Citizen of the State
of Louisiana can not hold any statewide elective office. These
offices can only be held by a citizen of another state, a citizen of
the United States, that has resided in the territories for at least
the preceding five years. Does a citizen of another state, and a
mere territorial citizen, have standing to defend the Louisiana
State Constitution in the United States Supreme Court?
Let us
examine the qualifications for judges.
Article V $24. Judges; Qualifications
" A judge of the supreme court, a court of appeal, district court,
family court, parish court, or court having solely juvenile
jurisdiction shall have been admitted to the practice of law in this
state for at least five years prior to his election, and shall have
been domiciled in the respective district, circuit, or parish for the
two years." Article V $24 of the Louisiana State Constitution.
Again
the name of the state is avoided as is any requirement that the judge
be a Citizen of the State of Louisiana. Is it the same "this
state" previously mentioned in Article IV Section 2 of the
Louisiana State Constitution, (supra) the United States. Again, I
defy anyone to point out any judge in the State of Louisiana that is
a Citizen of the State of Louisiana, the Supreme Court of the State
of Louisiana included.
Here are
the requirements for the legislature.
Section 4.(A) Age; Residence; Domicile. An elector who at the time of
qualification as a candidate has attained the age of eighteen years,
resided in the state for the preceding two years, and been actually
domiciled for the preceding year in the legislative district from
which he seeks election is eligible for membership in the
legislature.
Again, Citizenship in the State of Louisiana is not
required, and all reference to the name of the state is conspicuously
absent. Again, I defy anyone to point out any member of the
legislature who is a Citizen of the State of Louisiana.
Considering the importance of the document and
considering that the study of law is essentially the study of the
precision use of language, it is more than mere coincidence that any
reference to the state is a reference in lower case. One can see
from the United States Constitution that when citizenship is
discussed a Citizen of the State in denoted in upper case, as opposed
to a citizen of the United States which is denoted in lowercase. So
also can it be seen that when referring to one of the States United
it is begun in upper case. Surely in so important a document if one
were to find it necessary to abbreviate the name of the State of
Louisiana to just this State, would the precision use of language
require the capitalization. Or is it that United States jurisdiction
is denoted with lowercase as are citizen of the United States and
does denote the clear meaning intended that the "this state"
referenced is the same "this state" referenced in the
qualifications?
There can be no doubt that a Citizens of the State of
Louisiana is unrepresented, and their interests uncared for. They
are, by Article IV Section 2 of the Louisiana State Constitution, not
eligible for any statewide elective office. There can be no doubt.
The documents are irrefutable. To a doctor of law, the language is
clear and free of ambiguity.
You would think that being able to prove, using,
almost exclusively, the Constitution of the State of Louisiana, that
citizens of another state had invaded the State of Louisiana and
stolen your government, your rights, your property, and left you to
die in the next disaster for refusing to submit would be the most
shocking thing to find. It was not.
While preparing this document I did find Article II
Section 26 in the Louisiana State Constitution.
Article II $26. State Sovereignty
Section 26. "The people of this state have the sole
and exclusive right of governing themselves as a free and sovereign
state; and do, and forever hereafter shall, exercise and enjoy every
power, jurisdiction, and right, pertaining thereto, which is not, or
may not hereafter be, by them expressly delegated to the United
States of America in congress assembled." Article II $26 of the
Louisiana State Constitution.
What have these citizens of another state, pretending
to have the authority to represent the State of Louisiana and the
Citizens of the State of Louisiana, expressly delegated to the United
States of America in congress assembled? I do reserve the right to
subpoena all records of every power, jurisdiction, and right,
pertaining thereto, which has been expressly delegated to the United
States of America in congress assembled.
Who is representing a Citizen of the State of Louisiana
in congress assembled? There can be no doubt that it is a citizen of
the United States, a citizen of another state, that is serving in
congress. "To be eligible for any statewide elective office, a
person, by the date of his qualification as a candidate, shall have
attained the age of twenty-five years, be an elector, and have been a
citizen of the United States and of this state for at least the
preceding five years. " Article IV Section 2 of the Louisiana State
Constitution
Having proved what these invading citizens of another
state have done to my right to pursue my happiness, there is no
telling what other acts of tyranny they have perpetrated upon the
Citizens of the State of Louisiana, unrepresented, and their
interests uncared for. Could they have stolen even my right to be a
Citizen of the State of Louisiana?
There can be no doubt that Article IV Section 4 of the
United States Constitution has been violated.
"Section 4. The United States shall guarantee to every
State in this Union a Republican Form of Government, and shall
protect each of them against Invasion; and on Application of the
Legislature, of the Executive (when the Legislature cannot be
convened) against domestic Violence." Article IV Section 4 of the
United States Constitution
The invaders from another state have not only stolen
the rights and government of the Citizens of the State of Louisiana,
but now under their guise as legal representatives of the State of
Louisiana and the Citizens of the State of Louisiana they now have
the power and might of their state to call should the conquered
subjects object. It would seen that the child is eating the parent.
The question is, is the parent dead or just dying?
"But so far as mere rights of person are concerned,
the provision in question is confined to citizens of a State who are
temporarily in another State without taking up their residence there.
It gives them no political rights in the State as to voting or
holding office, or in any other respect. For a citizen of one State
has no right to participate in the government of another." Scott v.
Sanford 60 U.S. 393
The proof is irrefutable. The documents are
irrefutable. To a doctor of law the wording is clear and
unambiguous. What defense can there be? Who is qualified to offer a
defense?
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