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How to save your business, churches, and entire community during the so called “COVID shutdowns” – and/ or the coming “climate” emergencies. From Youarelaw.org
NOT LEGAL ADVICE – seek counsel when needed.
Are government mandates LAW? When they violate your freedom and right to contract?
Within the 10 sections of Article 1 of the United States Constitution, it establishes the collective rights of all legislative bodies in the United States, such as Congress, the House of Representatives, the Senate, as well as the individual State governments. Specifically, within Article 1 Section 10 (see https://www.usconstitution.net/xconst_A1Sec10.html ), it is written that a State is not allowed to pass any law that “impairs the obligation of contracts”, aka the “Contracts Clause”.
For example, although most states are permitted to establish their own taxes within their borders, they are not permitted to regulate interstate taxes. This delicate balance allows them certain individual freedoms. However, the Contracts Clause disallows any State to invalidate anything on a nationwide level, including the levying of taxes or the abolition of contracts.
As a result, contracts have been the binding framework of symbiotic agreements between citizens and entities. Legal contracts are considered to be the glue that allows the general public, as well as the Government, to engage in honest and effective business. The only instance in which contracts can be nullified is when they (meaning contracts) are ruled in violation of public health and welfare.
In 1905 in the case of Lochner vs. New York, the inclusion of the Contracts Clause was the deciding factor of the case. Lochner, the owner of a bakeshop in Utica, New York, had been allowing himself and his employees to work for more than 60 hours per week. All of his employees had agreed to work the assigned hours under contract. However, the “New York Bakeshop Act” stated that bakeshops were not permitted to operate in excess of either 60 hours per week or 10 hours per day.
The State of New York ordered Lochner to cease conducting his business that was in clear violation of the Bakeshop Act. Lochner, referencing the Contracts Clause, stated that the State did not have the right to undermine a contract established between two parties if said contract was not in violation of health and welfare. In addition to that argument, Lochner stated that the New York Bakeshop Act was in direct violation of his Fourteenth Amendment rights, stating that the Act was infringing on ‘Life, Liberty, and Pursuit of Happiness’.
As a result, and per the Contracts Clause and the Fourteenth Amendment, the Supreme Court voted in favor of Lochner, explaining that the nature of the contract established between Lochner and his employees were legal and binding, thus dis-allowing the State of New York to negate them in any way.
Keep in mind, in our current situation these left wing governor-dictators have effectively declared “emergency orders” as if these orders are law, even though these “orders” are not laws passed by legislators and clearly unconstitutional. But that doesn’t stop them from testing YOU as the asleep PEOPLE.
What will they do next by declaring and “inequality- emergencies” or more likely declaring “climate-emergencies”?
How far this goes is UP TO YOU… not them!
You can use this case law above as a cross-reference to find more relevant case law in your state or federal district. Do some of your own appeals court winning, case law search on Google-scholar (sherardizing).
Case “law combined” with “admissible evidence” is what it takes to file a solid case
And WIN, or at least get them to back down.
The Contracts Clause established in the Constitution allows for contracts, like voluntary taxes, to be commercial certainties, on which we are able to rely on the hopes that they provide equal parameters for every citizen to follow. Unless taxes or contracts are deemed to be in violation of health or welfare (with proof of course), they are to be treated as volitional, binding agreements between the Government, the State, and the citizens of the United States.
So ask yourself… is a state governor “mandate” restricting operation of any business or church, between that business or church and it's customers or members, a violation of the contracts clause?
Agree quickly using a conditional acceptance. Put the burden of proof on them.
Therefore, if a government agency threatens to fine you or shut you down, welcome the offer. Instead of arguing, tell them (MEMORIZE SOMETHING LIKE THIS):
“I will be happy to shut down (or whatever) IF you can first PROVE with admissible evidence, that the health and welfare of employees and the public at large are at risk, and prove that such an order is not a Violation of Article 1 section 10 of the U.S. constitution; a violation of private contract. This will mean you are committing a federal crime if you cannot prove it. Are you SURE that is what you want to do?
REMEMBER THIS SIMPLE POINT – In court the only allowable PROOF/EVIDENCE is “admissible evidence” supported by a “fact witness”. If you take them to court make, them prove it with this HIGH LEVEL standard of evidence…or they lose and you win! NO judge in America can rule in favor of evidence that does not exist. Get it?
Therefore, for the government to shut down a restaurant, gym, church or other local business, is in fact interfering with that person’s right to contract. Shut downs for the excuse of invisible and unproven COVID dangers, or climate emergencies, would clearly be a constitutional issue and grounds to sue those individuals, in Federal court if necessary. So be sure to gather names as you go.
If they try to offer you a “fine”…say “No problem, I accept that upon proof of claim that I am in-fact causing a public harm, and back your proof by witness testimony and admissible evidence, and I further require proof of claim that your restrictions are in fact NOT a violation of my right to contract per Article 1 section 10 of the U.S. constitution” — Oh, and I will need to take down you names and contact information so we can summons you to our Federal action”.
Keep the calm attitude and position that they need to PROVE those two things and indicate you are happy to pay a fine after they prove a harm with supporting evidence. Keep the polite burden of proof on them the whole time. If they arrest you, politely and happily go along (with a good attitude). DO NOT RESIST. You are setting THEN up using a positive tone, and politely ask for names as you go. IF they ask why you want their name, simply say “well I want to be sure your name is listed correctly in my Federal suit for deprivation of rights, thanks”. Again, do NOT resist or they will charge you for resisting.
Be very polite and respectful, and keep asking to see a magistrate as soon as possible. Then once in front of the magistrate do not enter a plea, but instead essentially repeat your acceptance terms to them. Get those terms on the record. They will likely let you go quickly. Just use this arrest event to add to your Federal case. Sometimes a little peaceful civil disobedience is what it takes to teach our public serv-ants who they swerve. Keep your head and politely be in control. WARNING – if you get belligerent it might not go well.
If enough people do this peacefully, they will back off, because they will know people have stopped volunteering for tyranny, and judges will not go along with their ridiculous claims.
Again…EVIDENCE is the key to winning and they lack it every time with these so called emergency “orders”! Making THEM “prove it” with “authenticated evidence” (supported by a witness that can prove it). That's it! The burden of proof is always on the accuser (them). This would be an easy win in any court. So do NOT worry about paying “the fine”, instead conditionally accept. No if, buts, or what if’s about it. Choose life or choose administrative death of your business and the lives of so many in your community. Spread the word.
THIS IS THE SOLUTION.
If enough folks do this now, we take back our country from tyrants, once community at a time. But if you do nothing, you get the alternative, which is nothing. You will be broke, government dependent, and penniless soon – all in the name of the “next health or climate emergency”. You choose. Remember, not acting is a choice too.
Tell all you can to join us at – https://youarelaw.org – and review our membership options.
PLUS combine that with getting a copy of the course – How to Win In Court Without Attorney at: https://youarelaw.org/jd – small investment to learn how to do this yourself.
Additional points from – https://constitution.laws.com/the-supreme-court/contracts-clause
PROOF THAT TAKING ACTION WORKS
Being proactive matters – December 22, 2020
From Jenn Lee , Attorney –
Last Thursday, Gov Inslee filed a pleading that argued the Supreme Court decision in Roman Catholic Diocese and the 9th Circuit decision in Calvary Chapel (Case), did not apply to stop him regarding his 200 person BAN of religious services indoors or outdoors.
We filed our reply yesterday at 4:40 with the federal court arguing the opposite. At 6:15 last night (Dec 21, 2020), Inslee issued a press release saying he suddenly decided to change the 200 person REQUIREMENT into a RECOMMENDATION, because Calvary Chapel (case) now controls those decisions (he didn’t think so last week…before we challenged him – lol). A similar case happened in Oregon this week as well. The governor changed the church restriction terms from requirement to recommendation.
A couple of things—it appears he has also changed the “requirement” to social distance while worshipping outdoors. We argued that since full contact youth/adult sports are allowed with masks, you could not require religious services to social distance while singing or worshipping. Outdoor religious services had been subject to outdoor dining guidance (which requires social distancing), that provision has been removed from Proclamation 20-25.10.
Things we are still working on:
The Sounders and the Seahawks are permitted to practice seven days a week and play games without masks. Why is huddling before a play to chant or yell or hugging after a goal allowed without masks, but singing outdoors requires a mask?
Yet there is still a numerical cap on religious gatherings inside personal residences (like our Rosary group). This is not tied to occupancy limits like the limit on retail stores is. This is clearly unconstitutional under Calvary Chapel (case).
Imagine using the same logic to keep your local business or church alive. Make them prove being open is in fact causing harm! Action matters. Freedom is not free nor provided by the government for you. Bowing down to voluntary tyranny is your own fault.
From – www.Youarelaw.org
Member details: www.youarelaw.org/join
James Madison explained that the only safe course in defense of fundamental liberties is immediate resistance at the first encroachment, without worrying about nuances:
“It is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of Citizens and one of the noblest characteristics of the late Revolution. The free men of America did not wait till usurped power had strengthened itself by exercise and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much soon to forget it.”
The basic rules of law come from the King James Bible!
Luke 11:52 KJV
52 Woe unto you, lawyers! for ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered.
Matthew 21:12 KJV
And Jesus went into the temple of God, and cast out all them that sold and bought in the temple, and overthrew the tables of the moneychangers, and the seats of them that sold doves,
Hosea 4:6 KJV
My people are destroyed for lack of knowledge: because thou hast rejected knowledge, I will also reject thee, that thou shalt be no priest to me: seeing thou hast forgotten the law of thy God, I will also forget thy children.
Matthew 18 v. 15-18
15 Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother.
16 But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established.
17 And if he shall neglect to hear them, tell it unto the church: but if he neglect to hear the church, let him be unto thee as an heathen man and a publican.
18 Verily I say unto you, Whatsoever ye shall bind on earth shall be bound in heaven: and whatsoever ye shall loose on earth shall be loosed in heaven.
….and many more.
Tell all you can to visit this link and join us at – https://youarelaw.org – and review our membership options.
PLUS combine that with getting a copy of the course – How to Win In Court Without Attorney at: https://youarelaw.org/jd – small investment to learn how to do this yourself.
