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Case Law Reports

Brown v Mississippi 1936 Mr. Chief Justice Hughes states,”The due process clause requires “that state action, whether through one agency or another, shall be consistent with the fundamental principles of liberty and justice which lie at the base of all our civil and political institutions.”

Note: Chief Justice Hughes makes an accurate statement about liberty and justice underlying all public institutions in America. But where is the Court’s source that defines the “principles of liberty and justice”? Chief Justice Hughes does not say but it can be suspected that he received the definition of “liberty and justice”from his own legal conscious, as well as the others members in their majority opinion which is the conscience of the deciding court. The judicial conscience of the court is the source that defines the “due process clause” of the Fourteenth Amendment in Brown v Mississippi. The question to be raised is the conscience of the Court in its definition of ‘liberty and justice” a legal conscience? It is if the conscience is guided by the America’s highest law, America’s social compact, the Declaration of Independence. The Declaration is the charter that gave America its life, it was sanctified by war, and its principles are binding. The Declaration is the illuminating light, the divine compass, for every citizen in every State in the Union. Its principles must guide the American conscience. It is the light that creates the equity that is required in order to comprehend the law. It is the source of substantive rights. The three pillars of a good conscience are: first, American citizens are under the “the Laws of Nature and Nature’s God,” second, American citizens receive “inalienable rights” from their Creator, third, American citizens define their moral rectitude according to the Supreme Judge of the world. It is this conscience immersed in these precepts that gives legal and binding support according to justice to every written instruments whether it is a corporate charter, municipality charter, state constitution, or Constitution of the Union. If the judicial conscience of any one citizen fails in any of the three pillars of divine light, it is a conscience darkened by ignorance leading to tyranny in constitutional interpretation.

Case: Powell v Alabama 1932

Facts: In 1931, nine black young men were accused of raping two white women. No adequate counsel or time to prepare a defense was given to the men, and in a one day trial the eight of the young men were found guilty and received the death sentence.

Constitutional Question: Is lack of adequate counsel and time of preparation for trial a failure of 14th Amendments due process of law.

Opinion of the Court: “The duty of the trial court to appoint counsel under such circumstances is clear, as it is clear under circumstances such as are disclosed by the record here, and its power to do so, even in the absence of a statute, cannot be questioned.”A rule adopted with such unanimous accord reflects, if it does not establish, the inherent right to have counsel appointed, at least in cases like the present, and lends convincing support to the conclusion we have reached as to the fundamental nature of that right.”

Comment: The Court does not tell us their source which defines these “immutable principles” found in “due process” clause of the 14th Amendment, but it is not difficult to say that they are added substantively by the mere conscience and sense of justice of the Court’s majority. It was a conscientious decision to create a federally mandated rule of criminal procedure under the guise of the “due process” outside and beyond any federally written law as applicable to the States. Or was there federal law the Court failed to resource? Yes, America is founded upon a social compact, The Declaration of Independence, which creates legal rules that bind the rights and obligations between citizens and between states in the American Union.

America’s Compact: America has a divine compass in its social compact the Declaration of Independence that says that God is Creator of our inalienable rights and and Supreme Judge of our moral rectitude. These rights and obligations are found in Scripture.

Using the Divine Compass in Powell v Alabama.

Rights of the Commonwealth:

Deuteronomy27:9-10 ” Moses and the priests the Levites spoke to all Israel, saying, “Be silence, and listen, Israel! Today you have become the people of Yahweh your God.  You shall therefore obey Yahweh your God’s voice, and do his commandments and his statutes, which I command you today.”

Note: The covenant God made to Israel was based on obedience to his law. IF they impugned His law they broke covenant and could be removed from the land. Adam and Eve has such a covenant. America does to in the Declaration of 1776. The Declaration of Independence is a social compact, a covenant, made between member and member, between state and state. This covenant defines the rights and obligations of membership. If one member, individual or state, breaks the rules of membership, it breaks covenant. Those who break covenant lose membership privileges: for individuals the rights of citizenship and for states the right to rule.

Divine Principle: Exodus 21:23-25: “But if any harm follows, then you must take life for life, eye for eye, tooth for tooth, hand for hand, foot for foot, burning for burning, wound for wound, and bruise for bruise.”

Note: If the charges of rape were judged true, Ex 21:23-25 case law, eye for eye, requires a punishment upon the guilty as severe as the violation of rape, perhaps castration or other punishment.

Law of Moses: Deuteronomy 21:18-21 If a man has a stubborn and rebellious son, who will not obey the voice of his father or the voice of his mother, and though they chasten him, will not listen to them; then his father and his mother shall take hold of him and bring him out to the elders of his city, and to the gate of his place. They shall tell the elders of his city, “This our son is stubborn and rebellious. He will not obey our voice. He is a glutton and a drunkard.” “All the men of his city shall stone him to death with stones. So you shall remove the evil from among you. All Israel shall hear, and fear.”

Note: If the charges were judged true, Dt. 21:18-21, and if defendants were found incorrigible by a proven history of felonious misbehavior the result would be a capital offense. Also, if the rape victim was beyond a populated place and screamed, the defendants faced capital charges [ verse].

Law of Moses: Deuteronomy 22:28-29 “If a man finds a lady who is a virgin, who is not pledged to be married, grabs her, and lies with her, and they are found; then the man who lay with her shall give to the lady’s father fifty shekels of silver. She shall be his wife, because he has humbled her. He may not put her away all his days.”

Note: This can be explained as a friendship between a girl and a boy that became implied consent of an intimate relationship. The women would have claim of marriage from that right the property of both would be joined and the husband would have to support her for life.

PUNISHMENT

Law of Moses (Dt.17:5) “…then you shall bring out that man or that woman, who has done this evil thing, to your gates, even that same man or woman; and you shall stone them to death with stones.”

Note: Public punishment increases among citizens a fear of punishment. This fear of punishment is necessary to reduce crime by those who may intend to commit crime.

Law of Moses (Dt.17.7) The hand of the witnesses shall be first on him to put him to death, and afterward the hand of all the people. So you shall remove the evil from among you.

Note: Local justice requires local punishment. The witness and the people have a right to assist in the purging of evil in the community.

Right of Mercy (Matt. 23:23)

Note: Except for murder, mercy is the right of the commonwealth. Mercy ought to reflect repentance.

Rights of the Defendants

Magistrates are under law (Dt. 17:19)

Right of Search Warrant by a Judge (Dt19:18)

Right to a public trial (Dt.17:5),

Right to an appeal (Dt.17:8-9),

Right to a impartial judge (Lev.19:15),

Right to present evidence (Ex.22:13),

Right to a fair trial (Ex.20:16),

Right to require two witnesses for the death penalty (Dt.17:6),

Right to put up a defense (Ex.32:9-14).

Public Trial (Dt. 21:19)

A right to thorough investigation (Dt:19:18)

Right to Counsel

Case Brown v Mississippi 1936

Facts: Three black men were indicted and found guilty of murder by a trial court: State Supreme Court confirmed. All three men claimed to be innocent and that their confessions were forced and they had been denied representation.

US Supreme Court: Reversed.

Opinion: “The state may not permit an accused to be hurried to conviction under mob domination….Nor may a state…contrive a conviction through the pretense of a trial which in truth is ‘but used as a means of depriving a defendant of liberty through a deliberate deception of court and jury by the presentation of testimony known to be perjured.’ And the trial equally is a mere pretense where the state authorities have contrived a conviction resting solely upon confessions obtained by violence. The due process clause requires ‘that state action, whether through one agency or another, shall be consistent with the fundamental principles of liberty and justice which lie at the base of all our civil and political institutions.’

Note: The court grabs hold of the 14th Amendment’s ‘due process of law’ and attaches abstract nouns such as liberty, justice, and fairness thereby creating a powerful legislative tool for judicial law making In the most basic sense “due process” is the process of enacted law:constitution and written statute. But the Court here goes deeper than due process of enacted law to add the law of conscience based on a personal sense of justice. The concern here is when conscience is the guild to judicial law making is the conscience of the Court on firm footing? What happens to ‘due process’ if the conscience of the court becomes corrupted? What happens when “due process” sanctions the likes of Roe v Wade when the Court granted abortion rights or in Lawrence v Texas, the granting homosexual rights? A divine rule of law is the safety net against a corrupted conscience.

Using the Divine Compass in Brown v Mississippi

Rights of the Commonwealth:

Deuteronomy27:10 “You shall therefore obey Yahweh your God’s voice, and do his commandments and his statutes, which I command you today.”

Note: The Declaration of Independence is a social compact, a covenant, made between member and member, between state and state. This covenant defines the rights and obligations of membership. If one member, individual or state, breaks the rules of membership, it breaks covenant. Those who break covenant lose membership privileges, for individuals the right of citizenship and for states the right to rule.

Genesis 9:6 “Whoever sheds man’s blood, his blood will be shed by man, for God made man in his own image.”

Exodus 20:13 “You shall not murder.”

Exodus 21:12 “One who strikes a man so that he dies shall surely be put to death…”

Exodus 2114 “If a man schemes and comes presumptuously on his neighbor to kill him, you shall take him from my altar, that he may die.”

Deuteronomy 19:11-13 “But if any man hates his neighbor, lies in wait for him, rises up against him, strikes him mortally so that he dies, and he flees into one of these cities; then the elders of his city shall send and bring him there, and deliver him into the hand of the avenger of blood, that he may die. Your eye shall not pity him…”

Number 35: 31 “Moreover you shall take no ransom for the life of a murderer who is guilty of death; but he shall surely be put to death.”

Note: If guilty of murder the punishment is death. There is no mercy by ransom or financial restitution nor is there a mercy card for those who seek refuge in God’s temple or church or in religious conversion.

Rights of the Defendants

Magistrates are under law and not a law unto themselves (Dt. 17:19)

Right of Search Warrant by a Judge (Dt19:18)

Right to a public trial (Dt.17:5).

Right to an appeal (Dt.17:8-9).

Right to a impartial judge (Lev.19:15).

Right to present evidence (Ex.22:13).

Right to a fair trial (Ex.20:16).

Right to require two witnesses for the death penalty (Dt.17:6).

Right to put up a defense (Ex.32:9-14).

Right of public punishment (Dt.17:5)

A right to thorough investigation (Dt:19:18)

Public Trial (Dt 21:19)

Case: Rochin V California 1952

Facts: Having “some information that [the petitioner here] was selling narcotics,” three deputy sheriffs … made for the two-story dwelling house…Finding the outside door open, they entered and then forced open the door to Rochin’s room on the second floor. Inside they found petitioner sitting partly dressed on the side of the bed, upon which his wife was lying. On a “night stand” beside the bed, the deputies spied two capsules. When asked “Whose stuff is this?”, Rochin seized the capsules and put them in his mouth. A struggle ensued in the course of which the three officers “jumped upon him” and attempted to extract the capsules. The force they applied proved unavailing against Rochin’s resistance. He was handcuffed and taken to a hospital. At the direction of one of the officers, a doctor forced an emetic solution through a tube into Rochin’s stomach against his will. This “stomach pumping” produced vomiting. In the vomited matter were found two capsules which proved to contain morphine.

Violation: “A preparation of morphine” in violation of the California Health and Safety Code 1947,

Verdict: State Superior Court without a jury found  him guilty and on appeal, the District Court of Appeal affirmed the conviction, despite the finding that the officer “were …guilty of unlawfully breaking into and entering defendant’s room, and were guilty of unlawfully assaulting and battering defendant while in the room,”

Sentence: 60 days imprisonment.

Supreme Court: Reversed. Court saying the conviction was obtained by methods violative of the Due Process Clause of the Fourteenth Amendment. “. . . a conviction which rests upon evidence of incriminating objects obtained from the body of the accused by physical abuse is as invalid as a conviction which rests upon a verbal confession extracted from him by such abuse.”

Comment: The Court finds no fixed limits in the “Due Process” clause but it denies that it is based on “merely personal and private notions” but derived from consideration of whole judicial process and the growth of law and legal science. But the cases of the Supreme Court involving the 14th amendment due process clause is more toward the work of judicial legislation than complying with existing law, and instead of evidence from science, the Court tends toward use of theories. Whenever these cases appear, they are usually touted as landmarks decisions instead of  judicial usurpation of the legislative process and without any external checks. In these cases the Court time and again does act upon its own notions outside of the rule of law. It is obvious that conscience does plays a large part in judicial decision making. The question for Americans is the conscience of the Court a legal conscience. Is it a conscience trained and convicted in the defining principles of the American Union. Does the conscience comprehend that right made inalienable and that rectitude declared by Supreme Judge. But we go one more step,

Rights of the Commonwealth

Deuteronomy27:10 “You shall therefore obey Yahweh your God’s voice, and do his commandments and his statutes, which I command you today.”

Note:  Those who break covenant to uphold the law of the land may lose membership privileges, for individuals the right of citizenship.

Leviticus 20:27“‘A man or a woman that is a medium, or is a wizard, shall surely be put to death: they shall stone them with stones. Their blood shall be upon them.’”

Mica 5:12 “I will destroy witchcraft from your hand; and you shall have no soothsayers. 

Note: The method of mediums, wizard, and sorcery is the use of potions as medical remedies, poison for assassin or hallucinogenics for the spiritualist. Today, we may call them illegal drugs and narcotics.

Deuteronomy 19.18 18 “…and the judges shall make diligent inquisition: and, behold, if the witness is a false witness…”

Note: Judges are given the authority as an elder to seek out evidence where ever they suspect it exists. This lays the foundation for the search warrant which is a delegation of judicial authority to a sheriff or deputy. However, the better reading is that if possible the judge, as elder, should make a direct visitation; additionally, a judge or sheriff should be in a company of one or more honest witnesses during an evidence search to protect his reputation and viability of such evidence (Matt.18:20). In the fore-mentioned case, there is an “unwarranted” entry into a home by three deputy sheriffs acting upon information. The facts of the case says that the accused destroyed evidence in the presence of the deputies and retrieving that evidence would be a right; however, that right was under a search warrant and due process of law is violated and the evidence is corrupted. Jesus himself called a mistrial due to a failure of due process of law (John 8:11).   

Right of Mercy (Matt. 23:23)

Note: Except for murder, mercy is the right of the commonwealth. Mercy ought to reflect repentance.

Rights of the Accused

Right to a public trial (Dt.17:5),

Right to an appeal (Dt.17:8-9),

Right to a impartial judge (Lev.19:15),

Right to present evidence (Ex.22:13),

Right to a fair trial (Ex.20:16),

Right to require two witnesses for the death penalty (Dt.17:6),

Right to put up a defense (Ex.32:9-14).

Magistrates are under God’s law (Dt. 17:19)

Right of Search Warrant by a Judge (Dt19.18)

A right to thorough investigation (Dt:19:18)

Right of public punishment (Dt.17:5)

Public Trial (Dt. 21:19)

 

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