HomeMy WebLinkAbout20131191.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MAY 13, 2013
The Board of County Commissioners of Weld County, Colorado, met in regular session in full
conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County
Administration Building, Greeley, Colorado, May 13, 2013, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem — EXCUSED
Commissioner Sean P. Conway
Commissioner Mike Freeman - EXCUSED
Commissioner Barbara Kirkmeyer
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Susan Brown
Director of Finance and Administration, Monica Mika
MINUTES: Commissioner Kirkmeyer moved to approve the minutes of the Board of County
Commissioners meeting of May 8, 2013, as printed. Commissioner Conway seconded the motion, and
it carried unanimously.
CERTIFICATION OF HEARINGS: Commissioner Conway moved to approve the Certification of
Hearings conducted on May 8, 2013, as follows: 1) USR13-0007 — Chad and Kelly Frye. The motion
was seconded by Commissioner Kirkmeyer, and it carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
(Clerk's Note: Due to a technical problem the recording begins here.)
a PUBLIC INPUT: Blaire Howe, County resident, Board President of the Milliken Fire Protection
District and full time employee of Banner Health, thanked the Board for their efforts towards
accomplishing their better response times for emergency ambulance services in Milliken, Johnstown,
Windsor and Severance. He spoke regarding the Fire Districts' new (used) ambulances and their intent
to begin service at midnight on the 15th of May, and encouraged the Board to continue to support the
change in service to these areas. There was discussion regarding the Fire Districts' ownership of the
ambulances. Commissioner Kirkmeyer noted that the County spent $4 million dollars in the last year to
enhance the tower system (emergency dispatch services). In response to Commissioner Kirkmeyer,
Mr. Howe stated the current cost to his district for being connected to this system is currently minimal.
Commissioner Kirkmeyer said the County entered into an agreement with Banner last year to provide
exclusive dispatch services to them, and Banner is charged for these services, and not at a reduced
Minutes, May 13, 2013 2013-1191
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government rate. She said the County will see a decrease of $30,000 in revenue due to the recent
changes in ambulance service and the average cost per call is approximately $24. Mr. Howe shared
that the yearly average of calls to the fire districts is around 2,500. aMonica Mika, Director of
Finance and Administration, said staff will be making recommendations to the Board starting in 2014, in
order to recoup these costs and treat all the ambulance services consistently with the same
methodology used to calculate the cost of dispatch services to Banner. Mr. Howe indicated there is
some cost savings to Banner as well. Commissioner Kirkmeyer said she was making the point that the
County has invested close to $20,000 million dollars in the emergency dispatch system, is now
spending another $30,000 to cover the loss of revenues from Banner due to these service changes,
and the County should not have to absorb that loss. She also stated there still needs to be a meeting
between the Commissioners and the Fire District Boards. Commissioner Conway thanked Mr. Howe for
coming and clarifying some items the Board had had questions about. Mr. Howe confirmed most of the
mutual aid agreements for their service are in place and described the status of negotiations with
Banner. aHerb Brady, Windsor -Severance Fire Chief, clarified that having the ambulances belong
to the community is part of their system design, for resiliency the community owns the assets and
controls the quality regardless of who runs the service. He also said the $24 dollars per call seems to
be industry standard and fair, and he approves of treating everyone equally. taKendra Currey,
County resident, thanked the Commissioners for their support, said she is proud to serve Windsor, the
community where she lives, is excited about improved response times, and is appreciative of the depth
of information provided via the County dispatch system.
El Brent Haugen, County resident, spoke regarding an ongoing issue with his USR permit process,
talked about recent events, and said he felt he was being harassed. This issue was discussed further.
Commissioner Kirkmeyer said that she was requesting Tom Parko, Director of the Department of
Planning Services, to come and meet with her and Mr. Haugen post -meeting and they would try and
get this matter resolved. Commissioner Conway affirmed the County would get the matter worked out
in a common sense fashion.
Timothy Daniels Shiely, also know as "Scooter McGee," spoke in regard to the first reading of the
Weld County Firearms Protection Code Ordinance. He objected to receiving a letter of notification of
the first reading three days after it took place and said the document does not represent what he and its
pre -author intended/expected when they met with the Commissioners. Commissioner Conway noted
that approval of a Code Ordinance is a three-part process and the second reading is on May 22nd. He
explained that the first reading is an introduction to the material so that it can be addressed and
suggestions made before ratification. He said it was the Board's understanding it was urgent to get this
lengthy process underway, so the first reading was scheduled promptly after the document was drafted.
Commissioner Conway expressed the Board's willingness to schedule a meeting to discuss this matter
further and do a better job of communicating their process. la Mr. Shiely made further objections to
the content of the Ordinance.
'a---- Kevin Blake, County resident and veteran of the U.S. Armed Services, expressed his strong
dismay at not receiving notice of the first reading and also objected to the content of the Ordinance as
drafted. Mr. Blake entered a 'Notice and Demand' into the record, marked as Exhibit A. Commissioner
Kirkmeyer thanked him for coming and for his service to our Country, and apologized if the Board failed
to make the Code Ordinance process clear when they met previously, but said that the Board wanted to
get the process started and be responsive to a sense of urgency. Commissioner Kirkmeyer suggested
the Board schedule a public meeting for 5:30 p.m. before the second reading, at a time when working
citizens could attend and participate. The content of the Ordinance was discussed further and
Commissioner Conway expressed his hope that some misperceptions and concerns had been
Minutes, May 13, 2013 2013-1191
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adequately addressed. Markay Vallario, County resident, also addressed the Weld County
Firearms Protection Code Ordinance, noting that she had hoped that the final document would be
something as close as possible with what was drafted by Mr. Blake. Commissioner Kirkmeyer affirmed
that she did read a book entitled "How Do You Kill 11 Million People," which Ms. Vallario submitted into
the record at a previous meeting. Ms. Bolerio referenced genocide in history, Nazi Germany and
jihadis, and stated she is afraid for our County and citizens desperately need the Weld County Firearms
Protection Code. aJames Walker, County resident, expressed his dismay at receiving late notice
of the first reading, as well, and said that he felt the Weld County Firearms Protection Code Ordinance
has no "teeth". He said Weld County residents already have the rights addressed in the ordinance and
is tired of hearing empty promises.
• CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
BIDS:
• 1) PRESENT BID #B1300031, WCR #23-SH #392 INTERSECTION CONSTRUCTION
CONSULTING ENGINEERING SERVICES - PUBLIC WORKS: Trevor Jiricek, Director of General
Services, introduced this request for proposal (using the qualification based selection process) and said
staff has received proposals and qualification statements from three different vendors and will schedule
a work session prior to entering a contract. In response to Commissioner Kirkmeyer, Mr. Jiricek said
that himself, Wayne Howard, Mike Bedell and Josh Holbrook make up the selection committee. Also in
response to Commissioner Kirkmeyer, Mr. Howard said a CDOT representative has not attended these
in the past, but an invitation can be extended to CDOT and also to Severance and Windsor.
Commissioner Kirkmeyer said it might be good to have at least one of these three partners in the
project involved in the process.
NEW BUSINESS:
• 1) CONSIDER MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451
WITH VARIOUS AGENCIES: Judy Griego, Director of Department of Human Services, explained this is
a highly collaborative effort with law enforcement, judicial, school districts, North Range Behavioral
Health and others. By signing this MOU the County is committing $9,000 per partner: Human Services,
Weld County, and the Health Department for a total of $27,000. In response to Chair Garcia, Mr.
Barker said he has reviewed the MOU and has no concerns. Kelly Shram, Youth and Family
Connections, was present to answer questions and expressed his gratitude. Commissioner Kirkmeyer
moved to approve said memorandum. The motion was seconded by Commissioner Conway, and it
carried unanimously.
• 2) CONSIDER VETERANS SERVICE OFFICER'S MONTHLY REPORT/ CERTIFICATION OF
PAY FOR APRIL, 2013: David Frye, Weld County Veteran's Service Officer, recommended approval of
the monthly certification. Deon Harris introduced himself, he is a veteran, and has extensive
experience with veteran outreach, coaching and youth programs. Mr. Frye said they have been very
busy with service connected disability claims this month, and they are also busy assisting younger
veterans going to school at UNC - providing them with housing and other needs until their GI bill kicks
in. The Board thanked them and said they are very pleased to have Mr. Harris join Weld County.
Commissioner Conway moved to approve said report and certification of pay and authorize the Chair to
sign. Seconded by Commissioner Kirkmeyer, the motion carried unanimously.
3) CONSIDER TEMPORARY CLOSURE OF CR 59 BETWEEN CRS 2 AND 6: Janet Carter,
Department of Public Works, reviewed this temporary closure for an emergency culvert replacement.
Minutes, May 13, 2013 2013-1191
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Ms. Carter said notice of the closure was mailed to the Energy Industry Working Group and all standard
practice notifications, such as emergency services and school districts. Commissioner Conway moved
to approve said temporary road closure. The motion was seconded by Commissioner Kirkmeyer, and it
carried unanimously.
ca 4) CONSIDER TEMPORARY CLOSURE OF FERN AVENUE BETWEEN E. 18TH STREET AND
E. 24TH STREET: Ms. Carter reviewed this temporary road closure. Commissioner Kirkmeyer moved
to approve said temporary road closure. The motion was seconded by Commissioner Conway, and it
carried unanimously.
5) CONSIDER TEMPORARY CLOSURE OF CR 38 BETWEEN CRS 3 AND 5: Ms. Carter
reviewed this 15 day temporary road closure for a bridge repair. In response to Commissioner
Kirkmeyer, Ms. Carter said anyone who lives along that stretch was sent a letter, but there is usually no
sign erected if the traffic count is less than 200 trips per day. Commissioner Kirkmeyer moved to
approve said temporary road closure, suggesting a notification sign would be a good idea. The motion
was seconded by Commissioner Conway, and it carried unanimously.
• 6) CONSIDER AMENDMENT #1 TO CONTRACT FOR CR 23/ HWY 392 INTERSECTION
IMPROVEMENTS DESIGN AND AUTHORIZE CHAIR TO SIGN: Michael Bedell, Department of
Public Works, explained the Intergovernmental Agreement with CDOT was approved two years ago,
and they are just finishing up the design and right-of-way and getting ready to begin the construction
phase which is addressed by this amendment and required by CDOT. Commissioner Kirkmeyer
moved to approve said amendment and authorize the Chair to sign. Commissioner Conway seconded
the motion and it carried unanimously.
• 7) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 23 AND AUTHORIZE CHAIR TO SIGN -
GEORGE AND JENNY JARBOE: Jacqueline Barrow, Department of Public Works, said this is one of
the last acquisitions for the joint venture with Severance, Windsor and CDOT and reviewed the location
and determination of value. Commissioner Conway moved to approve said agreement and authorize
Chair to sign. Commissioner Kirkmeyer seconded the motion and it carried unanimously.
• 8) CONSIDER AGREEMENT FOR PURCHASE OF TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 23 AND AUTHORIZE CHAIR TO SIGN -
WINDSOR LV II, LLC: Ms. Barrow, said this is the seventh of the eight parcels, and reviewed the
location and determination of land valuation (approved by CDOT). Commissioner Kirkmeyer moved to
approve said agreement and authorize Chair to sign. The motion, which was seconded by
Commissioner Conway, carried unanimously.
• 9) CONSIDER AGREEMENT FOR RELOCATION OF POTABLE WATER FACILITIES AND
AUTHORIZE CHAIR TO SIGN - NORTH WELD COUNTY WATER DISTRICT: Mr. Bedell presented
this item related to the CR 23 project. He explained CDOT has agreed to compensate North Weld
Water because CDOT doesn't want any water pipelines under the new road. The agreement clarifies
what Weld County's responsibilities are during the relocation and most of the work will take place in the
month of June. In response to Kirkmeyer, Mr. Bedell said this is a general policy that applies whenever
CDOT is reconstructing a road. Commissioner Kirkmeyer moved to approve said agreement and
authorize the Chair to sign. Seconded by Commissioner Conway, the motion carried unanimously.
Minutes, May 13, 2013 2013-1191
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La 10) CONSIDER CONSENT TO ENFORCEMENT OF RESOLUTION BY THE WINDSOR -
SEVERANCE FIRE PROTECTION DISTRICT ADOPTING THE 2012 INTERNATIONAL FIRE CODE,
WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY: Bob
Choate, Assistant County Attorney, introduced this is a request for the Board to approve the
enforcement of the fire code within unincorporated areas of Weld County in the Windsor -Severance
Fire District. In response to Commissioner Kirkmeyer, Mr. Choate said this is consistent with the
procedure used for all fire districts. Commissioner Kirkmeyer moved to approve said consent to
enforcement resolution. The motion was seconded by Commissioner Conway, and it carried
unanimously.
El 11) CONSIDER AMENDMENT #1 TO THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ECONOMIC DEVELOPMENT GRANT AGREEMENT AND AUTHORIZE CHAIR TO SIGN:
Ms. Mika referred to the prior work session with Upstate Colorado Economic Development and
explained this is a two-year extension of the current grant. Commissioner Kirkmeyer moved to approve
said amendment and authorize Chair to sign. Seconded by Commissioner Conway, the motion carried
unanimously.
PLANNING:
la 1) CONSIDER REQUEST TO REVISE THE SITE LAYOUT FOR USE BY SPECIAL REVIEW
PERMIT, USR12-0066, PRIOR TO RECORDING THE PLAT - LEWIS AND SEDONIA HERRERA:
Diane Aungst, Department of Planning Services, explained the applicant is requesting an 80x80 foot
building addition prior to recording the plat; the original application was for vehicle parking and
equipment storage associated with an oil field service facility; no buildings were originally requested.
Mr. Herrera states in his letter that the building will keep the equipment out of sight for the benefit of his
neighbors and also make it less likely for equipment to be stolen. Ms. Aungst said the neighbors have
been notified and her department received no objections or concerns, a building permit will be required,
and staff recommends approval. In response to Commissioner Kirkmeyer, Ms. Aungst said the fence
will still be screening some items from view. Chair Garcia noted that an emails was just received from
the Yaffes regarding concerns, marked as Exhibit A. aLewis Herrera, applicant, said he fenced the
whole area with an eight foot fence, but due to topography it does not shield the view of the vehicles
from Avram and Andrea Yaffe's house, and he also had $10,000 worth of equipment stolen, so a
building would solve both of these problems. aChair Garcia opened the matter up for public
comment; however, none was provided. Commissioner Kirkmeyer moved to approve said request and
authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried
unanimously. Commissioner Conway noted that in the email the neighbor questioned if an 80x80 foot
commercial building would be in keeping with the agricultural nature of the area. Mr. Herrera asserted
he spoke with his neighbors and confirmed that they do not object to the plan.
Minutes, May 13, 2013 2013-1191
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RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 10:40 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD„CdU 4 , COLORADO
ATTEST: •
Weld County Clerk to the Board
B
William F. Garcia, Chair
EXCUSED
Douglas Rademacher, Pro -Tern
Sean P. Conway
EXCUSED
Mike Freeman
C
arbara Kirkmeye
Minutes, May 13, 2013 2013-1191
Page 6 BC0016
NOTICE AND DEMAND
To:
Sean Conway
Bill Garcia
Barbra Kirkmeyer
Mike Freeman
Doug Rademacher
Bruce Barker
Please take notice of the following:
1. The Inhabitants of Weld County have demanded that you pass the original document titled
"Adopted Weld County Firearms Protection Code."
2. The original Document, outlined that this County would protect the Weld County inhabitants
Firearms, Firearm Accessories, and Ammunition including the Unalienable right to self Defense.
3. The Board of County Commissioners along with County Attorney Bruce Barker have Changed
the original code text leaving the title "Firearms Protection Code", misleading the inhabitants of
Weld County.
4. The current language in the code ordnance is vague and has confused the inhabitants of Weld
County as to just what is being purposed.
5. Due to the language presented in the County's version of the Firearms Protection Code vs. the
version the inhabitants have read, renders the County's version subversive and deceptive.
6. The Constitution of the United States and State of Colorado does not give the inhabitants of those
jurisdictions their rights. The Constitutions only Outline the Rights that were already in place
before documented on paper. These rights are endowed to the people by the Almighty Creator,
not a Legislator or County Commissioner.
7. Governments are instituted among men and women to protect Life, liberty and the pursuit of
happiness and uphold the rights endowed to the people by the almighty creator.
8. The Constitutions are, naturally, Supreme law of the land, founded upon the Law of Nature and
Natures GOD.
9. The Board of County Commissioners are charged with upholding the Constitution of the United
States, Constitution of the State of Colorado and the county charter, securing the rights of the
inhabitants of Weld County.
10. Passing a Code Ordinance stating that this Board of County Commissioners cannot pass laws
pertaining to unconstitutional gun control is a blatant contradiction.
11. Counties that are extensions of the State are governed by Title 30 Colorado Revised Statutes,
Titled "Counties".
12. Home rule counties are empowered to institute their own form of government without charter
from the State. "Home Rule Counties" are not "Counties", so you will not find any statutory law
regulating them.
13. Miranda vs. Arizona, 384 US 436 p. 491: "Where rights secured by the Constitution are involved,
there can be no rule making or legislation which would abrogate them."
14. 16 Am Jur 2d, Sec 177, late 2d, Sec 256 (?): "The general rule is that an unconstitutional statute,
though having the form and name of law, is in reality no law, but is wholly void, and ineffective
for any purpose; since unconstitutionality dates from the time of its enactment, and not merely
from the date of the decision so branding it."
NOW THEREFORE, I along with the inhabitants who have requested passage of the Code Ordnance
Titled "Adopted Weld County Firearms Protection Code," demand that this Board of County
Commissioners satisfies the following list of demands immediately.
1. All correspondence from receipt of this Notice and Demand; with respect to all inhabitants
involved with the Firearms Protection code that may have contacted you or been present at a
meeting request that you present anything that you say regarding the Firearms Protection Code
in writing. Notice to Agent is Notice to Principal. Notice to Principal is Notice to Agent.
2. Place the Second read of the Misleading purposed Code Ordnance titled Chapter 6 Firearms
Protection Code on hold due to the Subversive nature in which it was presented and the
misleading content it contains to those who have contacted you and demanded the original
version pass.
3. The hold shall remain till the inhabitants of Weld County have resolved the deceptive and
misleading issues with the County's version of the Firearms Protection Code.
4. 6-3-10(B) "The right to possess, own, transfer, or use a firearm is an individual right which
cannot be infringed by federal, state, or local government." Please define and place in the
purposed Code Ordnance, the penalty if this provision is violated by any government.
5. Open and hold a special, Public open forum, Work Session within 3 business days of this
notice at the reasonable hour of 5:30 PM. All BOCC members will be in attendance, all
comments and suggestions of the public heard with no limitations on professional speaking or
speaking frequency limitations.
6. Give adequate notice of this meeting to all involved parties and inhabitants.
7. On your personal time, get to know and understand Article II section 1 and 2 of the Colorado
Constitution. This should help you better understand just what your duties are as
Commissioners.
8. Public Work Session will be conducted to pass an appropriate code ordnance that the
inhabitants of Weld County deem to most likely affect their safety, happiness and protect them
from unlawful enforcement of VOID Unconstitutional laws.
9. Review all court cases presented to the BOCC to assist with passage of reasonable Code
Ordnance that the inhabitants of Weld County deem to most likely affect their safety,
happiness and protect them from unlawful enforcement of VOID Unconstitutional laws.
10. Define, on record, C.R.S. Title 30 Counties (Counties of the State) vs. Home Rule Counties in
which are governed by No C.R.S. Rule.
11. Present the people with the statutory law that prevents a non C.R.S. Title 30 County; a Home
Rule County; In essence, Weld County from passing the original Firearms Protection Code in
which the BOCC was presented.
12. Demand that Weld County Attorney Bruce Barker stop using court cases from State Chartered,
C.R.S. Title 30 Counties to suggest that non State Chartered Counties such as Home Rule
Counties are an Arm of the State.
13. If court cases are used to determine the power of Home Rule Counties, use court cases from
other Home Rule Counties and not C.RS. Title 30 State Chartered Counties.
Failure to answer this Legal Notice and Demand in full will be taken as a physical and blatant breech of
your Fiduciary Duties to the Inhabitants of Weld County and the undersigned will file suit if all sections
are not satisfied.
Signed,
'C
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Sovereignty itself is, of course, not subject to the law, for it is the author and source of law, but in our
system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains
with the people, by whom and for whom all government exists and acts." - "For, the very idea that
one man may be compelled to hold his life, or the means of living, or any material right essential to the
enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom
prevails, as being the essence of slavery itself."
An unconstitutional act is not a law. It confers no rights. It imposes no duties. It affords no protection. It creates no
office. It is in legal contemplation as inoperative as though it had never been passed. Therefore an unconstitutional act
purporting to create an office gives no validity to the acts of a person acting under color of its authority. -Norton v.
Shelby County, 6 S.Ct. 1121
An "unconstitutional act" constitutes a protection to no one who has acted under it, and no one can be punished for having
refused obedience to it before the decision was made. A legislative act in conflict with the Constitution is not only illegal
or voidable, but absolutely void. It is as if never enacted and no subsequent change of the Constitution removing the
restriction could validate it or breathe into it the breath of life. -In re Rahrer, 43 F. 556, 558,10 L.R.A.444
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate
them." Miranda vs. Arizona, 384 U.S. 436, 491.
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is
wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment, and not
merely from the date of the decision so branding it." 16 Am Jur 2d, Sec 177, late 2d, Sec 256 (?)
"No one is bound to obey an unconstitutional law, and no courts are bound to enforce it." 16 Am Jur 2d, Sec 177, late 2d,
Sec 256
"If the legislature clearly misinterprets a constitutional provision, the frequent repetition of the wrong will not create a
right." Amos vs. Mosley, 74 Fla. 555; 77 So. 619
"There is no constitutional right to be protected by the state against being murdered by criminals or madmen." Bowers vs.
DeVito, 686 F.2d 616, at 618 (7th Cir. 1982)
" At the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are
sovereigns without subjects...with none to govern but themselves; the citizens of America are equal as fellow citizens, and
as joint tenants in the sovereignty." Chisholm vs. State of Georgia (US) 2 Dail 419, 454,1 L Ed 440, 455 @DALL 1793
pp. 471-472
""Government" is not "sovereignty." "Government" is the machinery or expedient for expressing the will of the sovereign
power." City of Bisbee vs. Cochise County, 78 P.2d 982, 986, 52 Ariz.1
"The "sovereignty" of the United States consists of the powers existing in the people as a whole and the persons to whom
they have delegated it, and not as a separate personal entity, and as such it does not possess the personal privileges of the
sovereign of England; and the government, being restrained by a written Constitution, cannot take property without
compensation, as can the English government by act of king, lords, and Parliament." Filbin Corporation vs. United
States, D.C.S.C., 266 F. 911, 914
The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his
own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to
open his doors to an investigation, so far as it may tend to incriminate him. He owes no such duty to the state, since he
receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the
land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in
accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and
his property from arrest or seizure except under a warrant of the law. He owes nothing to the public as long as he does not
trespass upon their rights. Hale vs. Henkel, 201 U.S. 43, 279
A long and uniform sanction by law revisers and lawmakers, of a legislative assertion and exercise of power, is entitled to
a great weight in construing an ambiguous or doubtful provision, but is entitled to no weight if the statute in question is in
conflict with the plain meaning of the constitutional provision. Kingsley vs. Merril, 122 Wis. 185; 99 NW 1044
All laws which are repugnant to the Constitution are null and void. Marbury vs. Madison, 5 US (@ Cranch) 137, 174,
176, (1803)
Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate
them. Miranda vs. Arizona, 384 US 436 p. 491
An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is
in legal contemplation, as inoperative as though it had never been passed. Norton vs. Shelby County, 118 US 425 p.442
Economic necessity cannot justify a disregard of cardinal constitutional guarantee. Riley vs. Carter,165 Okal. 262; 25 P.
2d 666; 79 ALR 1018
All acts of the legislature apparently contrary to natural rights and justice are, in our law and must be in the nature of
things, considered void ... We are in conscience bound to disobey. Robin vs. Hardaway, 1 Jefferson 109, (Va., 1772)
691 The words "sovereign people" are those who form the sovereign, and who hold the power and conduct the
government through their representatives. Every citizen is one of these people and a constituent member of this
sovereignty. Scott vs. Sandford, Mo., 60 US 393, 404,19 How. 393, 404,15 L.Ed.
Disobedience or evasion of a constitutional mandate may not be tolerated, even though such disobedience may, at least
temporarily, promote in some respects the best interests of the public. Slote vs. Board of Examiners, 274 N.Y. 367; 9
NE 2d 12; 112 ALR 660
When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetrated and no one is
bound to obey it. State vs. Sutton, 63 Minn. 147, 65 NW 262, 30 L.R.A. 630 Am. St. 459 (See 16 Am. Jur. 2d 177,
178)
"Sovereignty itself is, of course, not subject to the law, for it is the author and source of law, but in our system, while
sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and
for whom all government exists and acts." - "For, the very idea that one man may be compelled to hold his life, or the
means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable
in any country where freedom prevails, as being the essence of slavery itself" Yick Wo vs. Hopkins, Sheriff, 118 U.S.
356.
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