SUPREME COURT OF THE STATE
OF LOUISIANA
*****************
No. 2007 – KH -
0131
*****************
STATE OF LOUISIANA
VS
MICHAEL E. DI ROSA
Numbers
F1525159
F1523230
F1678532
On the Docket of
First Parish Court Parish
of Jefferson
State of Louisiana
Lenny Levinson presiding
ORIGINAL BRIEF IN SUPPORT
OF APPEAL TO THE
SUPREME COURT, STATE OF
LOUISIANA
ARTICLE VII SECTION 5 OF
THE LOUISIANA STATE CONSTITUTION
IS UNCONSTITUTIONAL
MICHAEL E. DI ROSA RELATOR
AND APPELLANT
AND
NOTICE OF FAILURE OF THE
COURT
A STAY ORDER IS
NECESSARY IN THIS MATTER
****************************
AUTHORITIES
CITED
Article III Section 12(A)(7) of the Louisiana
Constitution
Article VII § 5 Section 5 of the Louisiana State
Constitution entitled “Motor Vehicle License Tax”
Bouvier's Law Dictionary 1914 version updated Pg. 711
Black's law Dictionary Third Edition Pg. 1112
Bouvier's Law Dictionary 1914 version updated Pg. 981
Black's law Dictionary Third Edition Pg. 1110
Black's Law Dictionary, third edition pg 221.
Louisiana State Constitution Article VII Section 9(B)
Louisiana Constitution Ancillary
Article XIX Section 19.
Louisiana Revised Statute 1:4
Louisiana Revised Statute 32:25
Article I Section 10 of the United States Constitution
Louisiana Revised Statute Chapter 9 §401
Article III Section 12(A)(7) of the Louisiana State
Constitution
Article IV Section 2 of the United States Constitution
Article I of the Bill of Rights
Bible in Proverbs 22:26
Article IV of the Bill of Rights
Article V of the Bill of Rights
Article VII of the Bill of Rights
Article 1 section1 of the Louisiana State Constitution
Article 1 section 2 of the Louisiana State
Constitution
Article 1 section 3 of the Louisiana State
Constitution
Article 1 section 4(A) of the Louisiana State
Constitution
Article 1 section 4(B) of the Louisiana State
Constitution
Article 1 section 4(C) of the Louisiana State
Constitution
Article 1 section 5 of the Louisiana State
Constitution
Article 1 section 8 of the Louisiana State
Constitution
Article 1 section 9 of the Louisiana State
Constitution
NOTICE OF FAILURE OF THE
COURT
This is
to notice all parties that due to the action, or lack thereof, for to
take no action is an action, of the Supreme Court of the State of
Louisiana, I do officially notify all parties that I am still a
prisoner in this walking distance prison. Despite my repeated
attempt to move the Supreme Court of the State of Louisiana to free
me from the bonds of this prison, if only temporarily while ownership
of my stolen vehicle and the personal property contained therein can
be established, so that I may have access to a law library, my
previous research, a post office, a copy machine, a grocery store,
other essential services and supplies, and free me from the need for
a slave / bond servant escort to leave my prison, no action has been
taken or relief forthcoming. This prison is as real and confining as
one built from stone and steel with the further loss of life,
liberty, and property the penalty for escape from my prison.
Furthermore,
to the best of my knowledge and belief, the Supreme Court of the
State of Louisiana has failed to act on my motion to proceed in forma
pauperis, or to call for the record of the lower court, clearly under
its jurisdiction by virtue of Louisiana State Constitution Article V,
Section 5, (A), (B), (D)(1) and (F) and Louisiana State Constitution.
Article V section 11, or to call for briefs. With this in mind I do
hereby notice all parties that, in an abundance of caution, I am
submitting my brief in support of the unconstitutionality of Article
VII section 5 of the Louisiana State Constitution entitled “Motor
Vehicle License Tax”, the core of this dispute. This is not to
be construed as an abandonment of any other issue, lawfully within
the sweeping powers of the Supreme Court of the State of Louisiana,
it shall only be construed as the act of a desperate man, uneducated
in law, and mostly unfamiliar with the normal course of actions of
the Louisiana Supreme Court, illegally imprisoned and facing a string
of infamous crimes in eminent danger of further loss of his life,
liberty, and property, to move, what appears to be, an unresponsive
court. This State Citizen is concerned that the rules of briefs of
writs will be used instead of the rules for briefs of appeals by some
entity, well meaning or not. This State Citizen does also remind all
parties that there are currently three outstanding objections to the
actions of Courts and / or its staff.
This
Citizen of the State must also notice the court that through its
inaction in staying the State and / or the Department of Public
Safety and Corrections, I must again appeal to the Supreme Court of
the State of Louisiana. The First Parish Court, on its own motion,
has stayed the three cases currently on appeal pending decision of
the Louisiana State Supreme Court. However, the State of Louisiana,
on complaint from the Department of Public Safety and Corrections,
the overseer of the State's plantation, has proceeded with
arraignment on another set of charges, on the same issues, knowing
full well that their standing and cause of action is under challenge.
STATEMENT OF THE CASE
The
overseer of the State's plantation, the corporation known as the
Department of Public Safety and Corrections has repeatedly charged me
with infamous crimes in First Parish Court of the Parish of
Jefferson. (Numbers F1525159, F1523230, F1678532 On the Docket of
First Parish Court, Parish of Jefferson, State of Louisiana Lenny
Levinson presiding.) They have done this with full knowledge of
their lack of standing and lack of a cause of action and with full
knowledge that they are enforcing an unconstitutional lien created by
Article VII Section 5 of the Louisiana State Constitution. The
Department of Public Safety and Corrections is illegally instituted
in direct violation of Article
III Section 12(A)(7) of the Louisiana State Constitution.
“(7) Creating private corporations, or amending,
renewing, extending, or explaining the charters thereof; granting to
any private corporation, association, or individual any special or
exclusive right, privilege, or immunity.” Article III Section
12(A)(7) of the Louisiana State Constitution
The
details of the affronts against this citizen are more fully detailed
in the original appeal.
The
overseer of the State's plantation, the corporation known as the
Department of Public Safety and Corrections has twice stolen my
vehicle and the personal property contained therein, and does refuse,
contrary to its own rules to return my vehicle.
One has
only to look at the treatment of this Citizen by agents of the
overseer of the State's plantation, the Department of Public Safety
and Corrections, a body corporate. (Exhibits B, C, and D of the
original appeal). A bounty has been put upon my head, known as an
attachment. I have been arrested, incarcerated, threatened, beaten,
tortured, held incognito, forced to sign bonds, forced to surrender
my fifth amendment rights with my fingerprints and photo, my vehicle
has been stolen, with the personal property contained therein, I have
been transported beyond seas into admiralty court for pretend
offenses, illegally imprisoned in this walking distance prison,
charged with infamous crimes on only bills of information, by a
biased party, with dirty hands.
The
overseer of the State's plantation, the corporation known as the
Department of Public Safety and Corrections has, since the filing of
this challenge in the Supreme Court of the State of Louisiana,
charged me with another set of infamous crimes, again without
standing and cause of action, in First Parish Court of the Parish of
Jefferson. (Case Number F1681551 on the Docket of First Parish
Court, Parish of Jefferson, State of Louisiana, Joseph
Responti presiding.)
ISSUES
AND QUESTIONS OF LAW PRESENTED
1)Article
VII Section 5 of the Louisiana State Constitution is
unconstitutional.
2)
The Department of Public Safety and Corrections is illegally
instituted.
BRIEF IN SUPPORT OF THE
POSITION THAT
ARTICLE VII SECTION 5 OF
THE
LOUISIANA STATE
CONSTITUTION IS
UNCONSTITUTIONAL
AND THE DEPARTMENT OF
PUBLIC SAFETY AND CORRECTIONS
IS ILLEGALLY INSTITUTED
There
can be no doubt that Article VII section 5 of the Louisiana State
Constitution entitled “Motor Vehicle License Tax” is
unconstitutional for the following reasons.
Article
VII section 5 of the Louisiana State Constitution entitled “Motor
Vehicle License Tax” is unconstitutional in that it is not
sufficiently clear to the average Citizen and voter. It is labeled
as a license tax when in actuality it is an admiralty lien and
privilege on vehicles and a tax on the license to use the vehicles,
with permission of the new owner. Vehicles have been stolen from the
Citizens, without compensation, by a bill of credit. It has, by
design, stripped every Citizen of the State the right to own property
of every kind and the right to travel. It has removed from the
Citizen of the State the right to travel by making it impossible to
own any vehicle by which the right to travel may be enjoyed
(including bicycle and ridden animal.) The overseer of the State's
plantation, the body corporate known as the Department of Public
Safety and Corrections, has been given tyrannical powers by the
Legislature by granting
to a private corporation, association, or individual any special or
exclusive right, privilege, or immunity in
violation of Article III Section 12(A)(7) of the Louisiana
Constitution.
“(7) Creating private corporations, or amending,
renewing, extending, or explaining the charters thereof; granting to
any private corporation, association, or individual any special or
exclusive right, privilege, or immunity.” Article III Section
12(A)(7) of the Louisiana Constitution
Since the
right to travel has been stolen, State Citizens can not exercise the
right endowed by the creator to pursuit of happiness.
Article VII §
5 Section 5 does state:
$5. Motor Vehicle License Tax
Section 5. The legislature shall impose an annual license tax of not
more than one dollar per each one thousand dollars of actual value on
automobiles for private use based on the actual value of the vehicle,
as provided by law. However, the annual license tax shall not be less
than ten dollars per automobile for private use. On other motor
vehicles, the legislature shall impose an annual license tax based
upon carrying capacity, horsepower, value, weight, or any of these.
After satisfying the requirements of Section 9(B) of this Article,
and after satisfying pledges respecting that portion of the revenues
attributable to the tax rates in effect at the time of such pledges
for the payment of obligations for bonds or other evidences of
indebtedness and upon the creation of a Transportation Trust Fund
within this constitution, the revenues from the license tax on
automobiles for private use shall be deposited therein. In the event
no such trust fund is established in this constitution, the revenues
shall be used exclusively and solely as provided by law for the
construction, maintenance, and safety of the federal and state system
of roads and bridges, for the parish and municipal road systems, for
the operations of the office of state police, Department of Public
Safety and Corrections or its successor, and for the payment of any
obligation for bonds issued or indebtedness incurred in connection
with any of the foregoing, which bonds may be issued as revenue bonds
under Article VII, Section 6(C) of this constitution, subject to
existing pledges only as to that portion of the tax collections
attributable to the rates in effect at the time of such pledges for
the payment of any obligations for bonds or other evidences of
indebtedness outstanding on the effective date of this Section. No
parish or municipality may impose a license fee on motor vehicles.
Amended by Acts 1989, 2nd Ex. Sess., No. 28, $1, approved Oct. 7,
1989, eff. Nov. 7, 1989. Article VII § 5 Section 5 of the
Louisiana State Constitution entitled “Motor Vehicle License
Tax”
Article
VII section 5 of the Louisiana State Constitution entitled “Motor
Vehicle License Tax” is unconstitutional in that it does force
the Citizens of the State into slavery and does also reduce them to
bond servants. It does create a tyrant of travel to which all must
bind themselves to service for a term of years or be imprisoned in a
prison whose bounding wall is the distance that one can walk in a day
or half that distance if a habitat is maintained, and including the
loss of time that is entailed. If this walking distance prisoner
must move beyond the bounds of the prison he must be escorted by a
slave /bond servant of the lord of travel.
“License Tax. A “license tax is one imposed on the
privilege of exercising certain callings, professions, or vocations,
that when collected go into the State treasury, and when applied to
municipal taxation, is termed license fees. 97 Ky, 401, 30 S.W. 974.
A “license tax” within the meaning of the
constitution is not a burden on property, but on that which results
from its enjoyment, or the conduct of the business or calling. 97
Ky, 395, 30 S.W. 974. “ Bouvier's Law Dictionary 1914 version
updated Pg. 711
“--License fee or tax. The price paid to governmental or
municipal authority for a license to engage in and pursue a
particular calling or occupation. See Home Ins. Co. V. Augusta, 50
Ga. 537; Levi V. Louisville, 97 Ky. 394, 30 S. W. 973, 28
L.R.A.480.” Black's law Dictionary Third Edition Pg. 1112
There can be no doubt that
Article VII Section 5 is not a license tax by definition.
Privilege.
IN Civil Law. A right which the nature of a debt gives to a
creditor, and which entitles him to be preferred
before other creditors. Dalloz. Dict. Privilege; Domat,
Lois Civ. Liv. 2, t. 1, s. 4, n.1; 43 La. Ann. 1078, 1194.
Privilege is “a real right
in a thing (jus in re) springing from the nature of a debt which has
been contracted with reference to that thing, and securing the debt
by a preference on the proceeds of the thing when it is sold under
legal process.” Howe, Stud, Civ. L. 86.
“ A mortgage under the civil law is to all intents and
purposes what it is in equity in the English law or the law of
Connecticut, a security for a debt given by the agreement of the
debtor. But a debtor cannot, by his mere agreement, proprio vigore,
confer a privilege.
“ If he contracts a debt, which by its nature has a
privilege under the law, then the privilege exists, as a method of
securing the debt. It inheres in the thing with reference to which
the debt has been contracted, follows it into the hands of third
persons (in the absence of some law of recordation providing to the
contrary), and as a rule would prime a mortgage of the same
property.” Howe, Stud. Civ. L. 87.
“ The one is legal : the other conventional. This
former is sometimes called by the civilians a
privileged hypothecation; the latter a mere hypothecation.”
Howe, Stud. Civ. L. 88.
“ The civil law privilege became, by the adoption of
the admiralty courts, the admiralty lien : Howe, Stud. Civ. L. 89:
19 How. 82, 90: 148 U.S. 1.” Bouvier's Law Dictionary 1914
version updated Pg. 981
There
can be no doubt that Article VII section 5 of the Louisiana State
Constitution entitled “Motor Vehicle License Tax” does
create, by admiralty lien, “a real right in a thing (jus in
re) springing from the nature of a debt which has been contracted
with reference to that thing”, Bouvier's Law Dictionary
(supra)
“...After satisfying the requirements of Section 9(B) of this
Article, and after satisfying pledges respecting that portion of the
revenues attributable to the tax rates in effect at the time of such
pledges for the payment of obligations for bonds or other evidences
of indebtedness and upon the creation of a Transportation Trust Fund
within this constitution, the revenues from the license tax on
automobiles for private use shall be deposited therein.”
Article VII § 5 Section 5
“... and for the payment of any obligation for bonds issued or
indebtedness incurred in connection with any of the foregoing, which
bonds may be issued as revenue bonds under Article VII, Section 6(C)
of this constitution, subject to existing pledges only as to that
portion of the tax collections attributable to the rates in effect at
the time of such pledges for the payment of any obligations for bonds
or other evidences of indebtedness outstanding on the effective date
of this Section.” Article VII § 5 Section 5
So in
this instance, Article VII section 5 of the Louisiana State
Constitution, the license that is being taxed is:
LICENSE
“A permission, accorded by a competent authority, conferring
the right to do some act which without such authorization would be
illegal, or would be a trespass or a tort.” Black's law
Dictionary Third Edition Pg. 1110
If I
have this deciphered correctly. Article VII Section 5 is a tax on
the permission to use the vehicle that the State of Louisiana does
now claim to own by virtue of an admiralty lien securing a bill of
credit.
Is this
a bill of credit strictly prohibited by the Article 1 Section 10 of
the United States Constitution? Which states: “No State shall
... emit Bills of Credit;...”
“-- Bill of credit. In constitutional law. A Bill or
promissory note issued by the government of a state or nation, upon
its faith and credit, designed to circulate in the community as
money, and redeemable at a future date.” Black's Law
Dictionary, third edition pg 221.
Is there
a Bill or promissory note “for the payment of obligations for
bonds or other evidences of indebtedness” Article VII § 5
(supra). Sure enough.
Is there
a “government of a state or nation, upon its faith and credit”
Article VII § 5 (supra)? Well it does say “ After
satisfying the requirements of Section 9(B) of this Article”
Article VII § 5 (supra).
(B) Bond Security and Redemption Fund. Subject to contractual
obligations existing on the effective date of this constitution, all
state money deposited in the state treasury shall be credited to a
special fund designated as the Bond Security and Redemption Fund,
except money received as the result of grants or donations or other
forms of assistance when the terms and conditions thereof or of
agreements pertaining thereto require otherwise. In each fiscal year
an amount is allocated from the bond security and redemption fund
sufficient to pay all obligations
which are secured by the full faith and credit of the state and
which become due and payable within the current fiscal year,
including principal, interest, premiums, sinking or reserve fund, and
other requirements. Thereafter, except as otherwise provided by law,
money remaining in the fund shall be credited to the state general
fund. Louisiana State Constitution Article VII Section 9(B)
Does it
circulate in the community as money, and redeemable at a future date?
Obviously, because it is “for the payment of any obligation
for bonds issued or indebtedness incurred in connection with any of
the foregoing, which bonds may be issued as revenue bonds under
Article VII, Section 6(C) of this constitution, subject to existing
pledges only as to that portion of the tax collections attributable
to the rates in effect at the time of such pledges for the payment of
any obligations for bonds or other evidences of indebtedness ....“
Article VII § 5 (supra).
There is
not a criteria described in the definition of emitting a bill of
credit that this article does not fit nor a criteria missing. It is
the definition of a bill of credit which the State is expressly
prohibited from emitting.
Even if
it were conjectured that it is not actually the State of Louisiana
that emitted the bill of credit, could it be argued that an entity
created by the State could be endowed with more power than its
creator? The prohibition of Article 1 Section 10 of the United
States Constitution against emitting a bill of credit is clear, and
considering this current action, its inclusion into the United States
Constitution was intended to prohibit the very abuses of which I and
all State Citizens have been subjected, for it clearly prohibits
States from turning its Citizens from free persons into bond servants
as has been done in this instance.
Nor can
it be denied that the Legislature has sought to hide the evidence of
their deed, the evidence of the admiralty lien. Louisiana
Constitution
Ancillary Article 19 Section 19 does state (in part):
“Privileges on movable property shall exist
without registration of same, except in such cases as may be
prescribed by law.” Louisiana Constitution
Ancillary Article XIX Section 19.
One can
not deny the skill of the fraud perpetrated upon its Citizens by
careful wording. It is no wonder that the Legislature of the State
of Louisiana did see fit to issue the warning: Forget what you think
you are authorizing, that is not what we said. It is not our fault
that you did not go to law school. It is not our fault that even the
basics of law are not taught until the doctoral level. We presume
that you understand law as well as a doctor of law. Is this not the
message of the Legislature of the State of Louisiana when it states
in La R.S. 1:4
Ҥ4.
Unambiguous wording not to be disregarded
When the wording of a Section is clear and free of
ambiguity, the letter of it shall not be disregarded under the
pretext of pursuing its spirit.” La R.S. 1:4
There
can be no doubt that Article VII section 5 of the Louisiana State
Constitution entitled “Motor Vehicle License Tax” does
create an admiralty lien on all private vehicles by bill of credit.
Nor can there be any doubt that the intention of this legal deception
was to deprive the Citizens of this State of their right to travel
and subject them to slavery on the plantation of the State and the
tyranny of its appointed overseer, the body corporate known as the
Department of Public Safety and Corrections. Louisiana Revised
Statute 32:25 does plainly confess to this fact.
“Nothing in this Chapter shall be construed to prevent the
owner of real property used by the public for purposes of vehicular
travel by permission of the owner, and not as a matter of right, from
prohibiting such use, or from requiring other or different or
additional conditions than those specified in this Chapter, or
otherwise regulating such use as may seem best to such owner.”
La R.S. 32:25
This is
the core of this dispute. Who is the owner of this “real
property used by the public for purposes of vehicular travel by
permission of the owner.” La R.S. 32:25 (Supra) I do claim to
be the allodial owner of this vehicle. Article VII, Section 5 of the
Louisiana State Constitution is unconstitutional. I am the allodial
owner of the vehicle, traveling as a matter of right. No State has
ever had a valid lien on my vehicle, admiralty or otherwise. The
State of Louisiana has never been a party to these actions for lack
of standing and lack of a cause of action. The corporation called
the Department of Public Safety and Corrections has been enforcing,
what it knows to be, an invalid lien, for profit.
The
State and the overseer of the State's plantation, the body corporate
known as the Department of Public Safety and Corrections does claim
the State to be the owner of this vehicle. The overseer of the
State's plantation, the body corporate known as the Department of
Public Safety and Corrections. has complained, on numerous occasions,
on its own form, filed by one of its own corporate militia known as
the State Police. and filed by, quite frankly, I don't know what
(Corporate like the State Police? State or Federal police?) the
militia known as the Jefferson Parish Sheriff's Office, claiming that
I had violated the “other or different or additional conditions
than those specified in this Chapter, or otherwise regulating such
use as may seem best to such owner.” La R.S. 32:25 (Supra)
The
militia known as the Jefferson Parish Sheriff's Office, did seize my
vehicle, and the personal property therein contained, without due
process, on behalf of and as agent of the overseer of the State's
plantation, the body corporate known as the Department of Public
Safety and Corrections. The body corporate known as the Department
of Public Safety and Corrections has then refused to release my
vehicle, contrary to its own rules, until such time as I do
involuntarily bind myself to service for a term of years to their
corporation, and any corporation in the insurance industry and pay
the ransom on my vehicle and the personal property contained therein.
This
brings us to another of the few thing absolutely forbidden States by
the United States Constitution. Again Article 1 Section 10 of the
United States Constitution which States in part:
“No State Shall...; pass any bill of Attainder, ex post facto
Law, or Law impairing the
Obligation of Contracts, or grant any title of nobility.”
Article 1 Section 10 of the United States Constitution
Is it
not a fact that the obviously unconstitutional admiralty lien claimed
by the State and enforced by the tyrant corporate body known as the
Department of Public Safety and Corrections does compel a Citizen, by
threat, duress and coercion into contract, with imprisonment in a
walking distance prison or worse as the only other option. Not only
to contract with the body corporate, overseer of the State's
plantation, known as Department of Public Safety and Corrections but
also does compel a Citizen, by threat, duress and coercion into
contract with any corporation in the Insurance Industry. This, by
design and intent, did not only impair the obligation of Contract by
the use of threat, duress, coercion and imprisonment but it crossed
the line into slavery.
One has
only to look at the treatment of this Citizen by agents of the
overseer of the State's plantation, the Department of Public Safety
and Corrections, a body corporate. (Exhibits B, C, and D of the
original appeal). A bounty has been put upon my head, known as an
attachment. I have been arrested, incarcerated, threatened, beaten,
tortured, held incognito, forced to sign bonds, forced to surrender
my fifth amendment rights with my fingerprints and photo, my vehicle
has been stolen, with the personal property contained therein, I have
been transported beyond seas into admiralty court for pretend
offenses, illegally imprisoned in this walking distance prison,
charged with infamous crimes on only bills of information, by a
biased party, with dirty hands.
What is
my crime? What heinous act and “affront to the peace and
dignity of the same” does the overseer of the State's
plantation charge that has this State Citizen, charged with a
multitude of infamous crimes, in eminent danger of the loss of his
life, liberty, and property? This State Citizen has refused to
submit to the tyranny of the overseer of the State's plantation.
This State Citizen has demanded his unalienable right to pursue his
happiness, and his right to own the implements necessary to enjoy his
right to travel in that pursuit, as a free man. I have even had
officers of the court and a judge, obviously in collusion with the
overseer of the State's plantation, stay three trials challenging the
jurisdiction of the court, the standing and cause of action of the
Plaintiff, until such time as the Supreme Court rules on the
challenges, and begin another arraignment on the same charges in an
effort to force this State Citizen into a foreign jurisdiction and
all in the same hour. Is this the standard treatment of a uppity
slave daring to claim his rights? From my experience, yes. Can
there be any doubt that the Department of Public Safety and
Corrections, a body corporate is conspiring with others to hide the
truth so that it can continue enforcing, what it knows to be, an
invalid lien, for profit? I can say, from long experience, there can
be no doubt. How else could one explain the fact that judges, in one
breath, ask: “Do you understand the charges against you?”
and in the next breath flatly refuse to disclose in what court we
stand and on what jurisdictional grounds have I been forced here, at
gun point, and on what cause of action, and who and where is the
plaintiff? Then adjudge, summarily, that jurisdiction exists, the
Plaintiff has a valid cause of action and standing, and the Defendant
does understand the charges against him and force a plea, and
jurisdiction, upon him. Pay no attention to the Plaintiff behind the
curtain. Has no doctor of law and officer of the court, sworn to
uphold the Constitution, noticed that the right to travel seems to be
missing?
Let us
take a look at the overseer of the State's plantation the Department
of Public Safety and Corrections
§401. Department of Public Safety and Corrections; public
safety services; corrections services; creation; domicile;
composition; purposes and functions
A. The Department of Public Safety and Corrections is created and
shall be a body corporate with the power to sue and be sued. The
domicile of the department shall be in Baton Rouge.
B.(1) The Department of Public Safety and Corrections, through its
offices and officers, shall have authority generally for the security
and physical safety of the citizens and property of Louisiana, the
enforcement of laws and regulations pertaining to criminal conduct,
automobile and highway safety, motor vehicles and drivers, and fire
protection. La R.S. Chapter 9 §401.
There
can be no doubt that the overseer is a “body corporate with the
power to sue and be sued.” Nor can there be any doubt that it
is charged with the “authority generally for the security and
physical safety of the citizens and property of Louisiana, the
enforcement of laws and regulations pertaining to criminal conduct,
automobile and highway safety, motor vehicles and drivers.”
There
can be no doubt that the overseer of the State's plantation is
enforcing the illegal lien on motor vehicles, the illegally claimed
property of the State of Louisiana. Nor can there be any doubt that
the criminal conduct is a tort or a trespass on the property of the
State.
LICENSE “A permission, accorded by a competent authority,
conferring the right to do some act which without such authorization
would be illegal, or would be a trespass or a tort.” Black's
law Dictionary Third Edition Pg. 1110
The
Legislature of the State of Louisiana has used Article VII Section 5,
and the admiralty liens thereby acquired, to violate Article III
Section 12(A)(7) of the Louisiana Constitution, which prohibits the
Legislature from creating private corporations, or amending,
renewing, extending, or explaining the charters thereof; granting to
any private corporation, association,or individual any special or
exclusive right, privilege, or immunity.
“(7) Creating private corporations, or amending,
renewing, extending, or explaining the charters thereof; granting to
any private corporation, association, or individual any special or
exclusive right, privilege, or immunity.” Article III Section
12(A)(7) of the Louisiana State Constitution
In Chapter 9 of the Louisiana Revised Statutes it does
just that in that it does create an empower a single person
(artificial) which it called the Department of Public Safety and
Corrections and through its offices and officers, shall have
authority generally for the security and physical safety of the
citizens and property of Louisiana, the enforcement of laws and
regulations pertaining to criminal conduct, automobile and highway
safety, motor vehicles and drivers, and fire protection. It also
empowered this person with the powers of the Legislative
branch of government, The Executive branch
of government and the powers of the Judicial branch, under the
Administrative procedures act, to enforce
its rules and regulations. The legislature did then not only give
this person the figurative gun barrel of
the government but did give them the actual gun
barrel of government in the form of the State Police to
enforce its exclusive powers, and did cloak them in a veil of secrecy
as a corporation exempt from the scrutiny of the public as would be
available if they were a simple government agency, and not a
corporation.
There can be no doubt that the body corporate known as
the Department of Public Safety and Corrections is unconstitutional
and in direct violation of Article III Section 12(A)(7) of the
Louisiana Constitution.
There can be no doubt that Article VII section 5 of the
Louisiana State Constitution entitled “Motor Vehicle License
Tax” is unconstitutional.
Article VII Section 5 of the Louisiana State
Constitution entitled “Motor Vehicle License Tax” does
violate the preamble and the following articles of the Federal
Constitution and Bill of Rights:
Preamble to the United States Constitution in that it
denies this Citizen of the State the Blessings of Liberty.
Article I Section 10 of the United States Constitution
in that it does impair the right to contract in that it does
compel this Citizen of the State into contract, thus
impairing his right not to contract, and refrain from equity
jurisdiction.
Article IV Section 2 of the United States Constitution
in that it does deny this Citizen of the State Privileges and
Immunities of the several States which include the
enjoyment of life and liberty, the right to possess property of
every kind, and to pursue and obtain happiness and safety, among
others.
Article I of the Bill of Rights in that it does deprive
this Citizen of his right to travel as a matter of right since every
means by which this person may travel has been
seized by the State, by way of an Admiralty lien, and
hence has denied this Citizen of his right to peacefully
assemble, and to petition the government for redress of grievance,
since these rights can only be maintained if
I can travel to such places.
Article I of the Bill of Rights in that it does
compel this Citizen of the State to become
surety for the debt of the State in violation of the
admonition of the Bible in Proverbs 22:26 which states “ Be
not one of them that strike hands, or of them that are sureties for
debts.” Thus denying this Citizen the freedom of religion.
Article IV of the Bill of Rights in that since the
State has claimed a real right in my vehicles it has denied this
Citizen of the State the right to be secure in my person, papers,
and effects against unreasonable searches and seizures.
Article V of the Bill of Rights in that it does deny
this Citizen of due process of law before being
deprived of my liberty and property.
Article V of the Bill of Rights in that it does take
my property for public use without just compensation, to be used
as surety for debts of the State.
Article VII of the Bill of Rights by compelling this
Citizen of the State into equity jurisdiction and
hence deny this Citizen the right to a Common Law trial by
Jury.
Article VII of the Bill of Rights by subjecting this
Citizen of the State to excessive fines.
Article VII Section 5 of the Louisiana State
Constitution entitled “Motor Vehicle License Tax” does
violate the preamble and the following articles of the State
Constitution:
The preamble of the State Constitution in that it does
impair and not protect individual rights to life, liberty, and
property and does remove and not secure the blessings of freedom.
Article 1 section1 of the Louisiana State Constitution
in that it does impair and not protect the rights of the
individual.
Article 1 section 2 of the Louisiana State Constitution
in that it does deprive this Citizen of life, liberty, or
property, except by due process of law.
Article 1 section 3 of the Louisiana State Constitution
in that it does institute Slavery and involuntary servitude
which are prohibited.
Article 1 section 4(A) of the Louisiana State
Constitution in that it does deny this Citizen the right to acquire,
own, control, use, enjoy, protect, and dispose of private property.
Article 1 section 4(B) of the Louisiana State
Constitution in that it does take Property without just
compensation paid to the owner or into court for his benefit.
Article 1 section 4(C) of the Louisiana State
Constitution in that it does take Personal effects.
Article 1 section 5 of the Louisiana State Constitution
in that it authorize unreasonable searches and seizures.
Article 1 section 8 of the Louisiana State
Constitution in that it does compel this
Citizen of the State to become surety for
the debt of the State in violation of the admonition of the Bible in
Proverbs 22:26 which states “ Be not one of them that strike
hands, or of them that are sureties for debts.” Thus denying
this Citizen the freedom of religion.
Article 1 section 9 of the Louisiana State
Constitution in that it does deprive this Citizen of his right to
travel as a matter of right since every means by which this person
may travel has been seized by the State,
by way of an Admiralty lien, and hence has
denied this Citizen of his right to peacefully assemble, and to
petition the government for redress of grievance,
since these rights can only be maintained if
I can travel to such places.
There can be no doubt that the Article VII Section 5 of
the Louisiana State Constitution is blatantly unconstitutional. Nor
can there be any doubt that the body corporate known as the
Department of Public Safety and Corrections itself has been illegally
instituted as the overseer of the State's plantation and slaves /
bond servants.
It is hereby prayed that the Supreme Court of the State
of Louisiana will do its duty and obligation and declare Article VII,
Section 5 of the Louisiana State Constitution unconstitutional and
void from its inception.
It is hereby prayed that the Supreme Court of the State
of Louisiana will do its duty and obligation and declare that the
corporate body known as the Department of Public Safety and
Corrections has been illegally instituted.
It is hereby prayed that the Supreme Court of the
State of Louisiana will do its duty and obligation and order the
corporate body known as the Department of Public Safety and
Corrections to return to this Citizen of the State, Michael E.
DiRosa, and all Citizens of this States, and all Citizens of other
States, and aliens, the vehicles, with the personal property
contained therein, it has illegally stolen, at the cost of the
Department of Public Safety and Corrections.
It is hereby prayed that the Supreme Court of the
State of Louisiana will do its duty and obligation and order the
corporate body known as the Department of Public Safety and
Corrections to cease all prosecutions, in any court or administrative
procedure, against Michael E. DiRosa, and any Citizen of this State,
Citizens of other States, or aliens.
It is hereby prayed that the Supreme Court of the
State of Louisiana will do its duty and obligation and order the
corporate body known as the Department of Public Safety and
Corrections, as overseer of the State's plantation, to cease all
enforcement of the illegal lien claimed by the State, against Michael
E. DiRosa, and any Citizen of this State, Citizens of other States,
or aliens.
It is hereby prayed that the Supreme Court of the
State of Louisiana will do its duty and obligation and order that a
knowledge of the law can no longer be presumed until such time as the
basics of law are taught in high school, and a bachelor's degree in
law is instituted and widely available.
I do hereby swear
that the above is true and correct to the best of my knowledge this
30th day of March, 2007
_________________________________
Michael E. DiRosa
C/O
318 Lakeshore Pkwy.
New
Orleans, Louisiana 70124
XXX – XXX – XXXX
CERTIFICATE OF SERVICE
I do hereby certify that I had intended to mail this
document on the 30th day of March, 2007. However, since
the Supreme Court of the State of Louisiana has refused to order the
overseer of the State's plantation to return my vehicle until such
time as ownership can be established, I am still confined to this
walking distance prison. Due to circumstances beyond my control, due
to my illegal incarceration and theft of my vehicle, I was not able
to locate a slave / bond servant escort. Even my open an notorious
defiance of he tyrant by use of a bicycle had been impossible due to
constraints of time, weather, health, and eminent danger was
precluded on the 30th day of March, 2007.
I do further certify that I have, either with bond
servant / slave escort or by open defiance of the tyrant and overseer
of the State's plantation and use of my self propelled motor vehicle
known as a bicycle, made my way to the United States Postal Authority
where I did place into their custody a certified letter, return
receipt requested to each of the people listed below containing this
document.
Supreme
Court, State of Louisiana
Clerk of
Court
400 Royal
Street, suite 4200
New
Orleans, LA 70130-8102
Kathleen
Babineaux Blanco
P.O. Box
94004
Baton
Rouge, LA 70804-9004
Charles
C. Foti, Jr.
P.O. Box
94005
Baton Rouge, LA 70804
Richard
L. Stalder Secretary
Department
of Public Safety and Corrections
P.O. Box
66614
Baton
Rouge, LA 70896-6614
Rebecca
M. Oliver
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
Joseph
Responti
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
Lenny
Levinson
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
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