Posse Comitatus  

By Law of the Posse Comitatus
United States Citizens for Constitutionally Protected Rights.

In the formation of this constitutional republic, this country has always been and remains to this day, the true seat of the government for the citizens who are the real inhabitants. The County Sheriff is the only legal law enforcement officer in these United States.

The Sheriff can mobilize all men between 18 and 45 who are in good health and not in the Federal Military service. Others can volunteer! This body of citizens is the Sheriff’s Posse. Each must serve when called by the Sheriff. The Title of this body of men is the Posse Comitatus.

The Posse is the entire body of those inhabitants who may be summoned by the Sheriff, or who may volunteer, to preserve the public peace or execute any lawful precept that is opposed. Since the Sheriff is the servant of the citizens who are the inhabitants of the county, it is not his choice as to whether or not the Posse is organized and brought into being. It is only his choice as to whether or not he wishes to use it.

Since the formation of our republic, the local county has always been the local seat of governance for the people. A county government is the highest authority of government in our republic as it is closest to the people, who are in fact the government. The county Sheriff is the only legal law enforcement officer in the United States of America. He is elected by the people and is directly responsible for law enforcement in his county.


It is his responsibility to protect the people of his county from unlawful acts on the part of anyone, including officials of Government.
His oath of office is to support, obey and defend the Constitution of these United States and this Commonwealth of Pennsylvania, and to discharge the duties of his office with fidelity to you. He may be required to do no less and no more in the performance of his official duties. It should be emphasized that this protection extends to citizens who are being subjected to unlawful acts even by officers in government, whether these be judges of courts, Federal or State Agents of any kind whatsoever.

The County Sheriff must be advised of the instances where unlawful acts are committed. It is the duty of the Sheriff to protect the local citizens from such unlawful acts. Once he has been advised and refuses to perform his lawful duty in respect to the lawful matter, the Posse Comitatus has the lawful right under natural Law to act in the name of the Sheriff to protect local jurisdiction. Since the Second Amendment to the Constitution say’s, “the right of the people to keep and bear Arms shall not be infringed.” In the execution of the law, arrests may be made. The criminal may be remanded to the custody of the county Sheriff for trial by a citizens jury empanelled by the Sheriff from citizens of the local jurisdiction instead of by the Courts as is the current procedure in most counties and which has no basis under law, any act of the Legislature or directives issued by the judiciary or Executive, notwithstanding.

The unlawful use of County Sheriffs as Lackeys of the Courts should be discontinued at once. There is no lawful authority for the judges and the Courts to direct the law enforcement activities of the county Sheriff. The Sheriff is Responsible, and Accountable only to the citizens who are the inhabitants of his county.
He is under oath of office and need not receive unlawful orders from judges or the courts. They are the Judiciary BUT THE Sheriff is the Executive Branch of our Government. He is responsible to protect citizens, even from unlawful acts of officers of Government. If he refuses to do so, he should be removed from office promptly.

The prerequisite to proper guidance is the basic understanding of Common Law and a back ground knowledge of the U.S. Constitution as well as the republican form of government created thereby. Such knowledge is considered essential to good citizenship and fulfillment of the responsibilities of good Christians and their God and Country.

The Supreme Court of the United States formerly declared this republic to be a Christian nation. In the case involving the Holy Trinity Church v. United States, 143 US 471 ON THE 28TH OF Feb. 1892. The Court, after mentioning various circumstances, added the following words, “and these and many other matters which might be noticed, add a volume of unofficial declarations to the mass of organic utterances, that this is a Christian Nation.

The Constitution was adopted and founded on Christian Principles and its source is the Holy Bible. By this Contract the States, representing the people created an Agent for the States known as the Federal Government. The people, as States, gave certain powers to that Agent, and by the 9th and 10th Amendments[HS1] made it clear that this Agent had only those powers which they enumerated for it in the contract between the States. All others remain with the States or the people. The Federal Government is not above the States which created it.

The Constitution is a simple document. It say’s what it means, and means what it say’s. It means today what it meant when it was written.

It is the Supreme law for the United States of America and the States are equally bound by the provisions therein. The State Constitutions can be different but cannot be inconsistent therewith. The States are separate and sovereign republics within the United States, it is made clear that the Federal Government is an Agency of the States. The Federal Government is the servant of the States and the people. It is not our Master. The Ninth Amendment states clearly that the rights of the people is withheld to ourselves and the Federal Government cannot interfere with our God Given Rights in any way. The Judges are also warned in the 9th Amendment[HS2] that they cannot construe the rights of the people to be limited because we never surrendered our rights to the Federal nor the State Government. We purposely kept them unto ourselves. We did not enumerate our rights in the Constitutions, because we would surely miss some. We simply said we do not surrender any of our rights. The Tenth Amendment we warned the Federal Government that we as States do not surrender all our rights such as self government unto them, only, those enumerated, and that we agree to bind ourselves to the powers relinquished. Therefore the Federal Government has only the powers in which we granted to them. The Congress has only 20 powers and they can be found at Article 1, Section 8,[HS3] of the U.S. Constitution. The Federal Judiciary has only 11 powers and the Executive (President) has only six. If powers being exercised are not enumerated, they do not have them.

Prior to the existence of the United States, each State was, and remains today, a separate and sovereign republic. The Governor of each State was and remains to this day, the Chief Executive Officer of his State. He was and still remains to this day, the only officer who has military power and military authority.



The 10th Amendment sets forth the rule that the States retain their rule of self government and that no judicial edict or act of Congress can change that. The Article 4, Section 4, [HS4]of the U.S. Constitution makes it clear that the Federal Government shall guarantee to every State in the union a republican form of Government, and, this cannot be changed by any of the three Branches of the Federal Government.
We are not nor have we ever been since 1776, a democracy. We govern by the rule of Law, not by the whims of men, and the Constitution is the number one rule of Law in which all other Law’s must be consistent therewith.


Common Law vs. Statutary Law.

The Federalist Papers #46, James Madison wrote; “The State and Federal Governments are in fact but different agents and trustees of the people…the adversaries of the Constitution seem to have lost sight of the people altogether. They must be told that the ultimate authority resides in the people.”

Federalist Papers #78, Alexander Hamilton wrote: “No Legislative act contrary to the Constitution can be valid. To deny this would to be to affirm that the deputy is greater than his principle; That the servant is above his master; That the representatives of the people are superior to the people, that men, acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid. It is not to be supposed that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituencies. A Constitution is in fact and must be regarded by judges as a Fundamental Law. If there happen to be a irreconcilable variance between the two, the Constitution is to be preferred to the Statute.


Nor does this conclusion by any means suppose a superiority of the Judicial to the Legislative.
It only supposes that the power of the people is superior to both and that where the will of the Legislature, declared in the Statutes, stands in opposition to that of the people as described in the Constitution, the Judges must be governed by the latter rather than the former.”

Am Jur, 2nd Section, 210; Scott v. Sanford, 19 How 393, 15 L Ed 691; Neither the Legislative, Executive nor the Judicial Departments of the Federal Government can exercise any authority beyond the limits marked out by the Constitutions.

16 Am Jur 2nd Section, 210; Wilson v. Philadelphia School District, 328 Pa. 225, 195 A 90, 113 ALR 1401; N unconstitutional Statute though having the form and name of law, is in reality NO LAW, but is wholly null, void and ineffective for any purpose. It imposes no duty, confers no rights, creates no office, bestows no power or authority to anyone, affords no protection and justifies no acts performed under it. No one is bound to obey an unconstitutional Statute and no Courts are bound to enforce it.

16 Am Jur, 2nd Section, 177; Constitutional Law; A characteristic feature and one of the cardinal and Fundamental Principles of the American Constitutional System is that the Government powers are divided among the three departments of Government, the Legislative, the Executive and the Judicial; and that each of these are separate from the others. The rule is general recognized the Constitutional restraints are overstepped where one department of Government attempts to exercise powers exclusively delegated to another; officers of any Branch of Government cannot permit its powers to be exercised by any other Branch.



16 Am Jur, 2nd Section, 178 Constitutional Law; The general rule is that an unconstitutional act of the Legislature protects no one. It is said that all persons are presumed to know the Law, meaning that ignorance of the Law excuses no one. If any person acts under an unconstitutional Statute, he does it at his peril, and must take the consequences.


Title 18, Section 2384, of the United States Code reads: Seditious Conspiracy; if two or more persons in a State or Territory, or any place subject to the jurisdiction of the United States, conspire to overthrow, put down or to destroy by force, the Government of the United States; or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder or delay the execution of any law of the United States, or by force to seize, take or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than $20,000.00 or be imprisoned not more than twenty years, or both.

(It is to be noted here that the authority of the United States is the Constitution, further the force need not be limited to “military force,” but can be legal force, physiological force, economic force, etc. ... It is therefore quite clear that all persons who participate in the conspiracy known as “Metro Government,” are clearly in violation of this code and should be held to answer for such crime by all Posses. Such persons are attempting to alter our form of government.)

Since a guide of this type cannot possibly anticipate each and every local problem or condition, it should be utilized where the Constitution and the Natural Law is being violated. In many instances such violations may involve Officers of the Federal or Local Governments as much as by the individual citizens.

In the interest of Education, some of the most prolific violations by Government Officers and Agents are included here as major examples which should be contemplated by all citizens interested in the Posse Comitatus.

[HS1]The powers not delegated to the United States by the Constitution, nor prohibited by to the States, are reserved to the States respectively, or to the people.

[HS2]The enumeration of certain rights in the constitution shall not be construed to deny or disparage others retained by the people.

[HS3]The Congress shall have power to…

[HS4]The United States shall guarantee to every State in the union a republican form of government and shall protect each of them against invasion.




Federal Education And The Schools

The Federal Congress has been legislating in the areas of education and the schools. The Federal, and in some instances, the State Judiciary. Read the 9th and 10th Amendments to the Constitution. Read the entire Constitution and one will [not] find any power given to any Branch of the Federal Government in the area of education and the Schools. Since it is not enumerated in that Contract, the Federal Government does not have it. Therefore all such acts of any Branch of the Federal Government (Legislative, Executive or Judiciary) are ultra-vires

[HS1], unconstitutional and not law. In fact, Officers of the Federal Government, by enacting such pretended legislation and court edicts, are in violation of their oaths of office to uphold,

preserve and defend the Constitution.
This is defined by Law as a “CRIMINAL ACT.”


The Federal Reserve System

Article 1, Section 10, of the U.S. Constitution Prohibits the States from anything but Gold and Silver as payment of debt. By Law the dollar must equal 23.22 grains of pure gold or 271.25 grains of pure silver. Citizens of the United States cannot obtain such coin simply because none is available. Because the Federal Congress has unlawfully violated the Article 1, Section 8, of the Constitution, and the Legislatures of the States have unlawfully allowed Congress and the President to enforce the fiat Federal Reserve Notes upon us, thereby, creating inflation and deflation of our labor and that is Legal Plunder. The States have allowed the unlawful acts of Congress to destroy the value of your labor and to steal it by inflation. It has unlawfully abdicated the power mandated by the States and the people, to coin money and regulate the value thereof, and of foreign coin and to fix the standard of weights and measures.

The Federal Congress has unlawfully delegated this power to a privately owned Federal Reserve System which pays “no taxes,” is not audited or subject to regulation by any agency of the Federal or State Government. It is a private monopoly in which neither the people nor the States authorized in or by the Constitution. Again, Legal Plunder. The Federal Reserve Act (38 stat. 251; U.S.C. 221) ENACTED December 23rd, 1913 is in violation of the Constitution and is therefore ultra-vires and not Law…

It is quite obvious that the solution to the problem lies in the hands of the Federal Congress.

It can and must be solved. It is not the purpose of this guide to outline the solution, although this could be done if it would fit the purpose and not require excessive space. The area of correction on a State or local level might be to enforce Article 1, Section 10 of the Constitution.


The Graduated Income Tax

Title 26, U,S, Code, enacted by Congress also known as the Internal Revenue Code, is completely in violation of the Constitution, therefore it is ultra-vires, unlawful and not binding upon the people of the States of the union. The entire Code is a string of unconstitutional abuses which attempt to require a citizen’s consent to the repudiation and violation of his God Given Rights protected from Government interference and abuse. Beginning with Section 6012—Persons required to make returns of income… it say’s that a citizen must voluntarily give up his rights under the 4th, 5th, and 7th Amendments and in general the entire Constitution. It must be noted that Section 6012 does not provide for tax payments nor does it establish a tax. When a citizen complies with 6012 he is not obeying the Law but is being trapped into voluntarily surrendering his God Given Rights protected by the Constitution. Since the Supreme Court has ruled that a communist, murderer, rapist or thief cannot be deprived of their protected rights, it is inconceivable and absolute nonsense to believe that an act of Congress or any other Branch of Government may require a law abiding good citizen to do so. Have you ever thought of the fact that until you voluntarily give up these rights, that there is no income tax? 6012 is just another unlawful Statute!

Then comes Section 7203 of the Internal Revenue Code. “Will failure to file Returns, supply information or Pay Tax.”

This is another unlawful Statute which attempts to back up 6012 and does not say a word about paying a tax. This merely threatens a citizen for not voluntarily giving up his rights and protections protected and guaranteed by the U.s. Constitution. How silly can this be? Any officer in the Government, including the Judges of the Courts who attempt to enforce unlawful Legislation must removed from office and prosecuted for Breach of Contract, Fraud, Deception, Malice, Misconduct, Maladministration and many other crimes against the people. Where these instances are known, the Posse Comitatus should prepare an “Order for Arrest,” for the Officer involved. The arrest should be made and the criminal remanded to the custody of the Sheriff for imprisonment and trial by a citizen’s Jury. This Jury should be empanelled by the Sheriff from citizens of the local jurisdiction. The present method of empanelling juries by the Courts is unlawful and must be repudiated by the Local Posse.




The Judiciary

There are always some exceptions to the rule, but the rule for the judiciary, both State and Federal, has been subtle subversion of the Constitution for these United States. The subversion and contempt for the Constitution by the Judiciary is joined by the Executive and Legislative departments of Government. It is apparent that the Judiciary has attempted to alter our Form of Government, by unlawful administrative acts and procedures, they have attempted to establish a Dictatorship of the courts over the citizens of this republic. The Legal Profession (American Bar Assoc.) has, with few exceptions, conspired with the Judiciary for this purpose. The Dues Paying Lawyers of the Private Fraternal Organization known as the American Bar Association (A.B.A) have infiltrated


all three Branches of our Government and have in fact, nullified the U.S. and Pennsylvania Constitution’s. They have created unlawful Statutes, Codes and Ordinances which are not applicable to the citizens unless they are consistent with the Constitutions and do not abridge, deny, or modify the substantive rights of the citizen.

The Constitution of the United States is clear and concise in its delegation of powers to the Federal Judiciary. In fact, the only Federal Court established by the Constitution is the Supreme Court. The Supreme Court is not the highest Court in the Land as the people are told. In fact, it is the lowest Court. The highest Court in the Land is the Justice of the peace Court which is the closest to the people. Note here that you do not have to be an A.B.A. Attorney to sit on this Court! It is a local County Court. All other Federal Courts are ordained and established by the Congress. (Article 3, Section 1, Clause 1)
The Judges, both of the Supreme and the inferior Courts, do not hold office for life but only during good behavior. Disregard for the Constitution is not good behavior on the part of any Judge. It is a violation of his Oath of Office. In the establishment of the inferior Federal Courts, the Congress is limited to the extent that any Legislative Act must be in pursuance of the U.S. Constitution. The Congress may not amend the Constitution nor may it delegate it’s powers as mandated by that Contract. The Federal Congress has violated these mandates, particularly in the passage of the “Administrative Procedures Act of 1946”.
This Act attempts to invalidate the basic rights guaranteed to the individual citizens by the Constitutions and the Bill of Rights. Under this unlawful act, rules and regulations have been promulgated by agencies of the Government such as


the Internal Revenue Service, the Department of Agriculture, the Department of Health, Education and Welfare, Federal Courts, Homeland Security, USA Patriot act and the Military Commissions Act. By this Act the Congress attempted to abdicate its mandated Legislative powers to the Executive and Judiciary Branches of Government. Federal Judges, U.S. Attorney’s and other Law enforcement officers including Lawyers as officers of the Court are compelled to repudiate their oath of office to preserve, protect and defend the Constitution. Under color of law they are forced to collaborate in a criminal conspiracy to obstruct justice, disfranchise citizens and liquidate the Constitutional republic of these United States. Under these unlawful rules and procedures, citizens have been unlawfully arrested by Court Orders, intimidated, threatened and harassed, and without trial by jury or Due Process of Law as guaranteed by the Constitution. Article 3, Section 3, of the Constitution requires that the trial of all crimes, except in cases of impeachment, be by jury. The 5th Amendment reads as follows: No person shall be held to answer for a capitol or infamous crime unless on a presentment or indictment of a Grand Jury, except in cases arising in the Land or Naval Forces, or in the Militia, when in actual service, in time of war, or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself nor be deprived of life, liberty, or property without Due Process of Law; nor shall private property be taken for public use without just compensation.”

Basically the judiciary has only the power to “rule upon cases according to Precedent established decisions of similar disputes, and which are decided according to the Constitution. These rulings are the law of the Case, and compels the Judges to decide accordingly, and nothing more.

Judicial rulings are not the Law of the Land! When a Case or question of a Legislative Act is brought before the Court, the Constitution is the Supreme Law of the Land and it must be the basis for the ruling by the Court. A “law” is a Constitutional Act by the Legislative Body. If a Legislative Act is not in pursuance of the Constitution, it is not Law! But is merely ultra-vires Legislation. The Judiciary has not been given the power to over ride the Constitution. It is not enumerated, SO therefore the 9th and 10th Amendments apply. “The powers not delegated by the Constitution nor prohibited by it to the States, are reserved to the States respectively or to the people.” Issuance of so called Court Orders, are examples of the judiciary’s subversion of the Constitution in pursuance of the unlawful administrative procedures.

Citizens arrested, jailed and held unlawfully upon issuance of these so called “court orders” are being deprived of their rights guaranteed in the Constitution…Governors of States have been threatened with these so called Court orders, particularly in the area of education and the schools. These Acts of the Judiciary are unlawful. Such acts are attempts to replace the lawfully elected executives of States, elected by the people and cannot be removed by any so called Court Order or unlawful act of the Judiciary. Since many elected officers of the State and Federal Government have been in the Legal Profession (A.B.A.) prior to their election to public office, It is obvious that they have been somewhat “brain washed” to accept these unlawful acts of the Judiciary.
They must be re-educated or removed from office. Posse action is recommended in these instances in the same manner as outlined in this article and in the Council of Censors at www.ljai.org



Conclusion
Yale Law and Policy Review Spring 2003

There exists in the United States a mindset in which we believe that an Act of Congress when passed by both Houses then signed by the President, it then becomes “Law.” This is [not] true! The Supremacy Clause [HS1]of the U.S. Constitution prohibits an unconstitutional Act from becoming Law. Furthermore the Oath requirement [HS2]taken by the elected Officers of Congress and the Executive Branches of Government prohibit the Individual officers from enacting an unlawful Statute or enforcing it. It Binds all three Branches of Government in their individual capacity. They are Responsible, Accountable and Culpable to you for any damage by their unlawful acts.
It is time we amend our way of thinking. God is Sovereign over us as individuals. The Constitution is our Law to the Government and the individual officers of that Government in all capacities. It is Binding upon them, not us. Each of them “swear” an oath to protect, obey and defend it. If they Breach that Agreement, we must enforce it upon them. The Constitution cannot enforce itself. It is only paper and ink. We, as good Stewarts of our Freedom Documents must enforce it.

The Founding Fathers gave us the Militia to enforce the Constitution and to defend ourselves against a corrupt and unlawful Government. We must unite, educate ourselves and take back our freedom and our beloved Country.
I have written this Article with love for all Americans who love freedom, our Country and have the Tenacity to stand up to the Tyrants.
God give us the strength and wisdom to save freedom for ourselves and our posterity.

Hagan Smith


Articles
Yale Law and Policy Review Spring 2003

*383 REEXAMINING THE POSSE COMITATUS ACT: TOWARD A RIGHT TO CIVIL LAW ENFORCEMENT

Sean J. Kealy[FNd1]

Copyright (c) 2003 Yale Law and Policy Review; Sean J. Kealy

       Safety from external danger is the most powerful director of national conduct. Even the ardent love of liberty will, after a time, give way to its dictates. The violent destruction of life and property incident to war, the continual effort and alarm attendant on a state of continual danger, will compel nations the most attached to liberty to resort for repose and security to institutions which have a tendency to destroy their civil and political rights. To be more safe, they at length become willing to run the risk of being less free.
--Alexander Hamilton

The debate over the PCA was laced with the residual tension of the Civil War. During that year's debate on Army appropriations, Representative Ellis argued that the request for a larger Army was really a request for a “national police force.” [FN70] This fear was encouraged by the many instances of military involvement in law enforcement at the request of a wide range of officials, *395 including marshals, U.S. Attorneys, governors, federal revenue agents, and local law enforcement officers. [FN71]Proponents of the Act argued that the execution of civil laws was not the proper function of the Army and that the Act was a necessary check on military power. Military enforcement of the laws was “perfectly shocking and monstrous” and suggested that the government was one of force rather than a free government.

[FN72] Echoing Hamilton and Madison, Senator Hill stated, “Whenever the idea obtains that you need a military power to govern the great body of the people of this country you have given up the fundamental theory of your system of government; it is gone.” [FN73]


All citizens who volunteer as members of the Posse Comitatus or the Liberty and Justice Association Inc. should research the Local Law Library on the Subject of the Posse Comitatus. You will learn that the Common Law of your country provides for the Posse Comitatus and for Posse Action.
[HS1]Acts beyond the scope of power of a corporation , as defined by its character or act of incorporation; AS THO IT HAD NEVER BEEN ENACTED IN THE FIRST PLACE.

21 Yale L. & Pol'y Rev. 383
Page

© 2008 Thomson/West. No Claim to Orig. U.S. Govt. Works.







[HS1]Article VI, Clause 2: This Constitution, and all Laws of the United States which shall be made in the Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.

[HS2]Clause 3, The Senators and Representatives before mentioned, and the members of the State Legislatures, and all Executive and Judicial Officers, both of the United States and of the Several States, shall be bound by Oath or Affirmation, to support this Constitution…