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Menu ******** Federal Law on Substances (including Marijuana) Attorney Allison Margolin's Motion on Jurisdiction Menu |
Click here for Letter to Federal Prisoners regarding the Reward. Proof
of Federal Jurisdiction REWARD
$5,000 To the first person who can prove that Our Federal government has
jurisdiction over all substances manufactured or possessed in the United States.
U.S. Supreme Court case law cite with page number
required.
The famous Wickard v. Filburn (1942) case, relied on by our U.S.
Attorneys, Federal judges and Supreme Court Justices to claim
jurisdiction under the interstate commerce clause, actually says quite the
opposite: It is of the essence of regulation that it lays a restraining hand
on the self-interest of the regulated and that advantages from the regulation
commonly fall to others. … the Government
gave the farmer a choice which was, of course, designed to encourage cooperation
and discourage non-cooperation. It is hardly lack of due process for the Government to
regulate that which it subsidizes.- Wickard (317 US 111,129-131)
Because Filburn was accepting benefits (subsidy prices for his wheat), he
was liable for the agency’s penalties, as he was in violation of the program regulations.
Were any of the “others”, those farmers who did NOT register to
receive benefits, prosecuted under commerce clause powers?
Of course not, they grew all the wheat they wanted.
The fraudulently applied holdings of the Wickard case have been used by
our government again and again since 1942 to extend their jurisdiction into
every area of our lives. The most
notorious achievement of this fraud is the Controlled Substance Act of 1970, in
which our government claimed jurisdiction over all drugs via
commerce holdings from Wickard. War was then declared on certain drugs and still
continues, with no end in sight.
In 2004 Attorney Allison Margolin challenged Federal jurisdiction
with a motion to dismiss charges (U.S. v. Landa), in which she stated:
The
precedent upon which the federal government’s ability to govern interstate
commerce, Wickard v. Filburn, is premised upon the fact that the plaintiff in
that case registered in a federal program.
…the Wickard basis of jurisdiction is inapplicable here.
Similar motions by others are currently in our Federal District Courts,
our Ninth Circuit Court of Appeals, and in our Supreme Court. These defendants are also non-registrants, not accepting
benefit from FDA, DEA or any Federal agency or program for substances.
To this day, no Federal judge has ruled on these motions or even
addressed this issue, never mind citing an authority establishing Federal
jurisdiction over non-registrants. ----
---- As contributions continue by individuals, desiring resolution of this issue, the Reward Amount has exceeded $5,000. The Reward is subject to a 30-day notice of withdrawal posted on the website. APPLICATIONS RECEIVED BY COMMON SENSE LAW: As of May 28, 2008 there has been 1 application, which was denied for lack of page cite, and the presented case, Aschcroft v. Raich, never raised the issue of this jurisdiction. The Reward requires the page number cite with the actual holding of the Supreme Court addressing the issue of jurisdiction in this matter, which would be a holding regarding a non-registrant who has raised the issue of jurisdiction based on registration in a controlled substance case. “All substances” includes substances possessed by registrants and non-registrants. Click
here for pdf of Reward re. Marijuana for easy printing and distributing
Remember, marijuana is one of the substances the Federal Government claims to have jurisdiction over and list as Controlled Substances in the Controlled Substances Act. Check out our Wanted Poster with Reward re. Marijuana with Letter to Federal Prisoners.
Suggestions:
We want to hear from
you, contact us: Check out www.commonsenselaw.com
for updates on this issue. All information is provided for educational purposes only. Common Sense Law does not provide legal advice. The authors are not attorneys and not officers of a court of law. If you are seeking legal counsel, contact an attorney and/or do your own due diligent research.
Click
here for pdf of Reward with Letter to Federal Prisoners for easy printing and distributing
Due Process of law: to have the right of controverting, by proof, every material fact... If any question of fact or liability be conclusively presumed against him, this is not due process of law. – Blacks Law Dictionary
We are offering this Wanted Poster that you may have a chance to resolve
this issue and to claim the Reward. The
Reward was first published in February 2006 and to date there have not been any
claims submitted. We know of five
Federal defendants have filed the motion to dismiss for lack of jurisdiction,
and not one of these motions has been ruled on. If you are unable to find the
government’s jurisdiction, you might want to send a copy of the poster to: your
Attorney, your prosecuting
attorney, and your Judge to
see if they can find the authority establishing Federal jurisdiction over
non-registrants.
There are only three possibilities.
Either 1. they
can cite the authority, which would resolve the issue and uphold our right to
due process, as well as earn them the reward; 2. they
agree that there is no federal jurisdiction over non-registrants;
or 3. they don’t respond, which can only
indicate their continued participation in this fraud, which is a
deprivation of your right to due process of law.
Pretending
there is a law that establishes jurisdiction is a crime at 18 USC Section
242. This crime has a victim with
injuries and damages. If you are a
victim, it is up to you to respond, or say nothing, and continue suffering the deprivation
of your rights along with the other 100,000 Federal Drug War prisoners.
Silence can only be equated with
fraud when there is
a legal and moral duty to speak or when an inquiry left unanswered would be
intentionally misleading. U.S. v.
Tweel, 550 F. 2d. 297, 299. You might consider contacting some of the many groups
that claim to advocate for prisoners’ rights but maintain their silence
regarding this fraud. We must remember always that accusation is not proof, and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are not descended from fearful men, not from men who feared to write, to speak, to associate, and to defend causes that were for the moment unpopular. – Edward R. Murrow
And you may consider filing a Motion to Dismiss for Lack of Agency
Jurisdiction for you own case, modeled after that filed by Attorney Allison
Margolin. Your friends and
relatives can download this motion from http://www.commonsenselaw.com/Articles.htm
as a packet with instructions, print, make copies and mail it to you and
other prisoners. We hope you will pass
this on to others who have had their rights violated.
When a number of prisoners, with support from others, start challenging
jurisdiction and exposing this fraud, won’t the system falter and begin
changing? Until then, it will be
“business as usual” as our government continues to build prisons for those
not in line with the party politics. Unite
with us to spread the light of this truth!
Color of Law:
The appearance, without the substance, of a legal right.
An action done with the apparent authority of law but actually in
contravention of law. – Law
Dictionary, 4th Ed., Stephen H. Gifis. United States Code Title
18--Crimes and Criminal Procedure Chapter 13 - Civil Rights Statute
242. Deprivation of rights under color of
law
Click
here for pdf of Reward with Letter to Federal Prisoners for easy printing and distributing
Marijuana is one of the substances the Federal Government claims to have jurisdiction over and list as Controlled Substances in the Controlled Substances Act. Check out our Wanted Poster with Reward re. Marijuana Click here for pdf of Reward re. Marijuana for easy printing and distributing
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Federal Law on Substances (including Marijuana) Attorney Allison Margolin's Motion on Jurisdiction Motions for Pro Se Defendants Due Process Court Filings California Drug Law Immigration Federal Gun Law Reward re. Substances Reward re. Marijuana Urgent Action Events Download Articles All information on the site is provided for educational purposes only. Common Sense Law does not provide legal advice. The authors are not attorneys and not officers of a court of law. If you are seeking legal counsel, contact an attorney and/or do your own due diligent research. Send e mail to: commonsenselaw @ yahoo.com (remove spaces before copying to email program) with
questions or comments about this web site. For mail response send SASE
WITH ENOUGH POSTAGE TO COVER 1 OUNCE for letter, 3 OUNCES for Motion or other
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