Tag Archives: The Legal Beagle

Legal Beagles: US Citizens, Who are You?

Posted on by
Reply

For citizens and farmers in the trenches as well as consumers in the shopping aisle it is critical that we understand who we are and how we fit into our historical form of government as well as the current regime.

From the trenches,

Celeste

CITIZEN OF THE UNITED STATES EXAMINED

Authored by LB Bork lb@pacinlaw.org

FORWARD

As some people may understand who have been in the freedom movement, there has been a long-term debate on the term citizen of the United States.

This article is of purpose to expand on the various types of citizenship that are present in the union that is named The United States of America. When you set out to read the contents herein, you will undoubtedly note that the term citizen is used in somewhat of a vague manner. It is ventured that there is a specified purpose for this measure.

AMERICAN CITIZEN

To set the premise on this infamous term in question citizen of the United States”we should first ascertain what a citizen is in affiliation to American law. In regard, see this common definition from the online encyclopedia, Wikipedia:

Citizenship. Citizenship is membership in a political community (originally a city but now usually a state), and carries with it rights to political participation; a person having such membership is a citizen.

To further explain what the term citizen means in American law, look at the following definition that was of the period prior to the so-called Civil War:

Persons. This word is applied to men, women and children, who are called natural persons. In law, man and person are not exactly synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, etc. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes.

Persons are also divided into citizens (q.v.), and aliens (q.v.), when viewed with regard to their political rights. Bouviers Law Dictionary, 1856

Hence, a man or woman  is considered a human being, however they are not deemed a person unless they are a member of a society, i.e. a body politic or nation.

1  In the Law of Nations by Emer de Vattel, Vattel set-up that a man was a citizen of a country. As a rule, a citizen is subject to the laws of a municipality. What the premise of Vattel did is set-up the legal fiction that people are citizens of a country instead of being members of a nation or nationals of any such country; this making them subject to the State.

2 ALIEN. Owing political allegiance to another country or government; foreign. alien residents. An un-naturalized foreign resident of a country; also called non-citizen. American Heritage

Title 8 USC  1101(a)(3). Definitions. As used in this chapter – [chapter 12 of Title 8]. The term alien means any person not a citizen or national of the United States.

3 SOCIETY. A society is a number of persons united together by mutual consent, in order to deliberate, determine, and act jointly for some common purpose. 2. Societies are either incorporated and known to the law, or unincorporated, of which the law does not generally take notice. 3. By civil society is usually understood a state, (q.v.) a nation, (q.v.) or a body politic. Bouviers Law Dictionary, 1856 Continue reading →

Part V: Behold! A Snake in your Refrigerator

Posted on by
3

Part V:  Behold!  A Snake in your Refrigerator

Accessed from:  http://www.mt.net/~watcher/

By

Celeste Bishop

“Can you bind the beautiful Pleiades?  Can you loose the cords of Orion?  Can you bring forth the’Wheel of Stars’ into its seasons and stand in the path of Ayish/Iyutha (Aldeberan) and her satellites (Hyades)?  Do you know the laws of the heavens and can you establish their rule over the earth?….  Have you given wisdom to the Lance Star (Antares) or intelligence to the Bow Star?”

Aramaic English New Testament, Andrew Roth, pp 1003

Hebrew-Aramaic Job 38: 31-33, 38 (Cross reference to the translation T. K. Cheyne:  Journal of Biblical Literature, Vol. 17, No. 1 (1898, pp 103-107

The Old UN Snake in the Refrigerator Trick

Accessed from:  www.foodsafety.gov

A snake in the grass has slithered into your life and into your refrigerator and you might not even know it.  Our food has been under assault for some time but it was not until recently, around 1990, you could go to the grocery store and pick up a beautiful head of fresh lettuce and some nice peaches, bring them home to put in your crisper, only to discover that the next day they had decomposed into a slimy green-black pile of goo.  This is when you maybe began saying, “There is something wrong with this picture”, and so there was.  Monsanto and other companies began to genetically modify the foods we ate, making hideous transgenic images of food.  These food products that have the appearance of foodstuffs could buy or grow but they are very different.  A tomato, for instance, might have the DNA of a human or your chicken might glow in the dark.

Sept. 12, 2012:  You Tube video below was removed by user.  Was it by choice or coercion?  Only the Fed’s know the answer to that question.

(http://www.youtube.com/watch?v=iy8a6TdUrG0&feature=related)

Not only does the UN want to control your food, the UN also wants to manage every aspect of your life as you are probably guessing by now.

Snake Charmer

Symbols possess an esoteric language, a secret code, which the [occult] student must decipher and whose meaning he or she must unlock. Erwin W. E. Watermeyer, “Symbols: The Tools of Initiation,” Rosicrucian Digest, March 1985.

“…symbols form a visual shorthand for ideasand yet their functions and meanings extend to something much more than that.  Jack Tresidder, Dictionary of Symbols, p. 6.

Snakes in the Grass (some images: Codex Magica, Tex Marrs)


A mysterious image of a coiled snake has appeared in a 16th century painting of Queen Elizabeth I, according to the National Portrait Gallery.

Undulating UN Snake Manifestation

World Health Day Coming April 7th-Stethoscope in the shape of an encircling snake

It is important to note that the  WHO logo or emblem was chosen by the first World Health Assembly in 1948, and is often associated with promotional material for World Mental Health Day. The emblem consists of the UN symbol surmounted by a staff with a snake coiling round it. The staff with the snake has long been a symbol of medicine and the medical profession. It originates from the story of Aesculapius who was revered by the ancient Greeks as a god of healing and whose cult involved the use of snakes.

It is also important to note that the OIE is the branch that makes comprehensive codes applicable to all human-animal life for all member countries.  OIE events or conferences are known as ‘manifestations‘.

It is critical that we understand what a ‘manifestation’ is as we engage in our political process and understand the UN snake that is before us.  A ‘manifestation’ can mean several things and as the ‘shoe fits’ we will put it on as an example:

  • The OIE could be acting or being in the state of manifestation
  • The OIE is creating an existence, reality, or presence of something.
  • The OIE could be an entity that takes the form of a divine being which is being revealed.
  • The OIE could be a materialized form of a disembodied spirit.
  • The OIE could be portrayed as a public demonstration that is political in nature: dissenting.
  • The OIE manifestation displays the illusion of solidarity.
  • The OIE manifestations can indicate a sign or indication.  (The suggestion of foul play)
  • The OIE ˜manifestations can demonstrate a clear appearance of an overwhelming mass feeling or emotion that has the feeling of a tidal wave. (Global consciousness)

The specific use of manifestation is provocative.  These OIE events which are comprehensive in nature can give the appearance of something coming into sight, namely globalism.  These OIE evens could be interpreted as a divine manifestation, an epiphany so to speak.  Going one step further the OIE may be claiming the visible manifestation of deity to a global entity that might be conferred to a human person down the road, a theophany.

It is ironic that the OIE is orchestrating supposed control and eradication of the manifestation of disease in people and animals.  The term can also mean an ‘actor’ who is acting on behalf of the government and subject to regulation.

As if the above definitions were not troubling enough the Blacks Law Dictionary,  Sixth Edition, brings the definition of manifestation right to our front door in another undulating and ironic twist:

Terror: Alarm, fright; dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation; fear caused by the appearance of danger.  In an indictment for a riot at common law, it must have been charged that the acts done were to the terror of the people.

An element of offense of aggravated kidnapping, is any act which is done to fill with intense fear or to coerce by threat of force.  Rogers v State, Tex.Cr-App.,687 S.W.2d 337, 341.

Many cultures eat snakes claiming that they taste like chicken, but do you really want a snake in the refrigerator? Continue reading →

Backgrounder: Legalities of Animal Identification (NAIS)

Posted on by
Reply


From the Arkansas Agriculture Law School

Animal
Identification


Overview

An animal
identification system traces the whereabouts and movement of certain animals.
While government officials and private industry had been working on the issue
prior to the discovery of bovine spongiform encephalopathy in late 2003, USDA
announced that it would expedite its efforts in the wake of the discovery. On
April 27, 2004 Secretary Veneman announced a framework for the implementation of
the system called the National Animal Identification System (NAIS) that was
developed with the collaboration of USDA, private industry, and state animal
health officials and is largely based on earlier work done with the United
States Animal Identification Plan. The plan will eventually encompass all
livestock and poultry in the United States. The NAIS will provide
information on the whereabouts of animals from their original birthplace to the
slaughter plant. It does not include tracing the meat through the plant to the
consumer. Although not currently mandatory, the goal of the NAIS is to be able
to trace all livestock and poultry within 48 hours of a certain event such as a
disease outbreak. Read the full overview

Note: Recently added
resources are posted at the top of the applicable
sections.

Major
Statutes

The Animal Health Protection Act, 7 U.S.C.
§§ 8301- 8317

Freedom of Information Act, 5 U.S.C. §§
552

Uniform
Commercial Code, Article 2 – Sales

Regulations

Regulations Pertaining to the Movement of
Livestock, 9 C.F.R. pts. 71 to 85

Federal Register Rules Open for
Comment

Center published Federal Register
Digest

Case
Law

Note: Recently summarized
cases are listed and linked in Recent Postings.

Case Law Index for Animal
Identification

Center
Research Publications

Approaching Liability with Animal
Identification (Pendergrass, 2007)

A Comparison of International Animal Identification
Programs (Pendergrass, 2007)

Varying State Approaches to Confidentiality with Premises and
Animal Identification Systems
(Pendergrass,
2007)

State Identification Statutes: Confidentiality Provisions Relating
to Animal and Premises Identification
(Pendergrass,
2007)

Animal Identification and the Next Farm
Bill (O’Brien, 2006)

Legal Issues in Developing a Plan for Animal
Identification (Roberts and Pittman,
2004)

Animal
Identification: Liability Exposure and Risk Management
(Roberts and O’Brien, 2004)

Animal
Identification: Confidentiality of Information (Roberts
and O’Brien, 2004)

Congressional Research Service
Reports

CRS Subject(s):
Animal
Agriculture

Reference Resources

USDA
Resources

National Animal Identification System, USER
Guide (USDA)

Animal and
Plant Health Inspection Service (APHIS)

Animal Identification (APHIS Veterinary
Services)

Food
Safety Research: A Focus on Animal Identification Pilot
Program (National Agricultural Library -
NAL, Food
Safety Research Information Office – FSRIO)

Pathogen Detection and Monitoring: Animal Electronic
ID (NAL, FSRIO)

Food Safety Links: Product Tracing (NAL Foodborne Illiness Center)

Other Congressional
Resources

Development of a
National Animal Identification Plan (U.S. House
Agriculture Committee
Hearings, March 5, July 22, and August 17, 2004)

Development
of a National Animal Identification Plan
(U.S. Senate Agriculture
Subcommittee
Hearing, March 4, 2004)

GAO
Reports on Animal Identification

Additional
Resources

Western Extension
Marketing Committee, Livestock Marketing Information
Center

Iowa Beef
Center (IA St. U.)

National Institute for Animal
Agriculture

United States Animal Health
Association

Canadian
Cattle Identification Agency

National
Animal Identification System (American Veterinary Medical
Association – AVMA)

Pandemic Woes: The Social Distancing Law Project

Posted on by
Reply

From a screen of a power point: Saving Humanity through Science and Partnerships

 

Background

In the fall of 2005, the President released the National Strategy for Pandemic Influenza, which was followed in 2006 by the detailed National Strategy for Pandemic Influenza Implementation Plan from the U.S. Homeland Security Council (HSC). The HSC Implementation Plan assigned tasks across the federal government to improve pandemic influenza preparedness. Nearly 200 of these action items were assigned to the U.S. Department of Health and Human Services (HHS).

The HSC Implementation Plan acknowledged the important role social distancing measures will play in helping to reduce the impact of pandemic influenza and, also, the need for governments at all levels to assess their legal capacity to flexibly respond to shifting circumstances during a pandemic. The action items assigned to CDC stimulated creation and implementation of the Social Distancing Law Project. Generally, Chapter 6 of the HSC Implementation Plan, which dealt with the protection of human health, called for providing guidance to all levels of government “…on the range of options for infection control and containment, including those circumstances where social distancing measures, limitations on gatherings, or quarantine authority may be an appropriate public health intervention.”

As part of its plan to address these action items, HHS asked CDC to evaluate the sufficiency and understanding of states’ existing legal authorities to implement such social distancing measures as suspension of public gatherings, quarantine, and curfew, among other limits on movement, as well as their legal authority to dispense antiviral and other prescription drugs on a mass or community-wide basis.

The Social Distancing Law Project

Sponsored by the U.S. Centers for Disease Control and Prevention (CDC) and directed by the Association of State and Territorial Health Officials (ASTHO), the Social Distancing Law Project was conducted in 17 jurisdictions in 2007 to assess the sufficiency of their legal preparedness to implement social distancing effectively. In addition, the participating jurisdictions assessed their legal authority to prescribe and dispense pharmaceutical drugs on a mass basis as a key potential countermeasure for an influenza pandemic.

As implemented in 2007, the Social Distancing Law Project had two primary components, as specified by CDC and ASTHO:

  • Legal Assessments
  • Legal Consultation Meetings and After-Action Reports

The Public Health Law Program subsequently created a Social Distancing Law Assessment Template (SDLAT) for use by other interested jurisdictions. The Template includes the template for assessing legal authorities, a hypothetical scenario and instructions for conducting a Legal Consultation Meeting, and examples of completed documents from the state of Michigan.

Social Distancing Law Template 46 Pages

Selected Social Distancing Law Project documents from the state of Michigan:

 

The Legal Beagle: Land Ownership Liabilities

Posted on by
Reply

This is an interesting article on land owner liabilities and statutory protections composed by The Agricultural Law Research and Education Center.

It goes into topics such as: dangers facing land use; causes of action against land owners; dealing with trespassers; licensees; invitees; U Pick statutes; insurance and recreational use. This article includes case law.

Consenting to be Abused-The problem with “voluntary” roadside searches

Posted on by
Reply

Remember the points contained in this article when you begin running into those unconstitutional agricultural inspection points that are being put into regulation in your state.

Check Out: Don’t Talk to Cops, Part 1 ( a lawyer’s advice)

Law Enforcement Officer says DO NOT TALK in: Don’t Talk to Cops, Part 2

 

Steve Chapman | July 31, 2008

 

 

If I approach as you pull into a parking space and ask if you’d mind my rummaging through your car, the chances are at least 90 percent that you’d decline. But if a police officer stops you with the same request, the chances are higher than 90 percent that you’d agree. Something about that badge makes citizens eager to be helpful.

 

Or maybe not. In civics class and Fourth of July speeches, we are told that American democracy rests on the consent of the governed. But interactions with the police serve as a useful reminder that government rests less on voluntary cooperation than on fear and force. A nation is free to the extent it prevents the rulers from bullying and coercing the ruled. By that standard, American society still has a way to go.

 

The other day, the American Civil Liberties Union of Illinois issued a report on “consent searches” that sometimes accompany traffic stops. Relying on data provided by local and state law enforcement agencies, the report documented that black and Hispanic drivers are much more likely than whites to suffer such invasions—even though the cars of minorities are far less likely to yield contraband.

 

These treasure hunts are called “consent searches” because they require the motorist to give permission. They take place only when the police officer has no grounds for suspicion. If he has probable cause, he doesn’t have to ask. Only when he’s acting out of a vague hunch, racial prejudice, or simple malice does he need the driver’s consent.

 

But the term is fantastical in these instances. Stopped on a lonesome stretch of highway, at the mercy of an armed man who has the power to arrest, very few citizens feel free to refuse. The Illinois State Police report that 94 percent of white motorists and 96 percent of minority ones “consent” to such searches.

 

Is that because they have nowhere else they’d rather be? Is it because they get a kick from watching a cop take apart their cars in an effort to put them behind bars? Or could it be because they suspect that refusing a cop is far too dangerous?

 

More than 40 years ago, the Supreme Court ruled that before interrogating a suspect in custody, police have to provide the now-familiar warning: You have the right to remain silent; you have the right to an attorney; anything you say may be used against you.

 

Said the court, “The atmosphere and environment of incommunicado interrogation as it exists today is inherently intimidating and works to undermine the privilege against self-incrimination.” Only a firm safeguard, in the form of the magic words, could “dispel the compulsion inherent” in these situations.

 

The same inherent compulsion exists in traffic stops, but the court declined to follow its own logic. So the Fourth Amendment ban on unreasonable searches is virtually meaningless on the roadside.

 

But the court’s myopia is no reason a state can’t abandon this obvious abuse on its own. As it happens, “consent” searches are a fool’s errand. Fully 94 percent of the time, the Illinois State Police discover nothing illegal—meaning they inconvenience and humiliate 16 innocent people for every guilty one they turn up.

 

Nor is the Land of Lincoln unique. When the Texas legislature took up a bill limiting such searches, the Texas Municipal Police Association admitted that “the vast majority of the time, we found nothing.”

 

Other states have found that effective law enforcement doesn’t demand hassling citizens who have done nothing to justify suspicion. In 2002, New Jersey’s state Supreme Court recognized the obvious: “These searches are not voluntary because people feel compelled to assent” and concluded that consent “that is the product of official intimidation or harassment is not consent at all.”

 

It ruled that police may not search a car without “an articulable suspicion that the search will yield evidence of illegal activity.” The following year, the Minnesota Supreme Court followed suit. Rhode Island banned them by statute in 2004.

 

As the ACLU argues, that is the only sensible solution. In Illinois, the burden of these searches falls disproportionately on racial minorities, but achieving perfect racial equity would not alter their oppressive nature.

 

In a nation founded on respect for the rights of every person, these searches give all priority to the power and convenience of the government, while mocking the liberties we are supposed to have. Why would we consent to that?

 

COPYRIGHT 2008 CREATORS SYNDICATE, INC.

The Legal Beagle: Equitable Self-Ownership for Animals?

Posted on by
Reply

Lastly, we will take a peek at the position of animal ownership of David Farve in a presentation by Duke Law Journal. This is for informational purposes only and all credits go to the author. It is highly suggested you print these presentations off as reference materials. As you consider what does ownership of an animal mean to you, some of the insights of these past presentations, will be illuminating.

Duke Law Journal

From the trenches,

Celeste

The Legal Beagle: Establishing Ownership

Posted on by
Reply

And the war over animal ownership continues with the University of California, Berkeley; Establishing Ownership:  First Possession versus Accession.  For informational purposes only, with all credits going to the author.

University of California, Berkeley-2007

These legal articles would be excellent resource material to print off.

From the trenches,

Celeste