Re: Denied Illinois FOID card
Posted by Guns on 1/15/08
The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States." [Emphasis supplied in original]. By law, a judge is a state officer. The judge then acts not as a judge, but as a private individual (in his person). VIOLATION OF OATH OF OFFICE In Illinois, 705 ILCS 205/4 states "Every person admitted to practice as an attorney and counselor at law shall, before his name is entered upon the roll to be kept as hereinafter provided, take and subscribe an oath, substantially in the following form: 'I do solemnly swear (or affirm, as the case may be), that I will support the constitution of the United States and the constitution of the state of Illinois, and that I will faithfully discharge the duties of the office of attorney and counselor at law to the best of my ability.'" In Illinois, a judge must take a second oath of office. Under 705 ILCS 35/2 states, in part, that "The several judges of the circuit courts of this State, before entering upon the duties of their office, shall take and subscribe the following oath or affirmation, which shall be filed in the office of the Secretary of State: 'I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the State of Illinois, and that I will faithfully discharge the duties of judge of ______ court, according to the best of my ability.'" Further, if the judge had enlisted in the U.S. military, then he has taken a third oath. Under Title 10 U.S.C. Section 502 the judge had subscribed to a lifetime oath, in pertinent part, as follows: "I, __________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; ...". The U.S. Supreme Court has stated that "No state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.". Cooper v. Aaron, 358 U.S. 1, 78 S.Ct. 1401 (1958). Any judge who does not comply with his oath to the Constitution of the United States wars against that Constitution and engages in acts in violation of the Supreme Law of the Land. The judge is engaged in acts of treason. Having taken at least two, if not three, oaths of office to support the Constitution of the United States, and the Constitution of the State of Illinois, any judge who has acted in violation of the Constitution is engaged in an act or acts of treason (see below). If a judge does not fully comply with the Constitution, then his orders are void, In re Sawyer, 124 U.S. 200 (1888), he/she is without jurisdiction, and he/she has engaged in an act or acts of treason. TREASON Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821) What is the penalty for treason? Any judge or attorney who does not report the above judges for treason as required by law may themselves be guilty of misprison of treason, 18 U.S.C. Section 2382. On 1/14/08, -- wrote: > On 1/14/08, Guns wrote: >> In the State of Illinois, a judge must take a second oath of office. Under 705 ILCS 35/2 >> states, in part, that "The several judges of the circuit courts of this State, before entering >> upon the duties of their office, shall take and subscribe the following oath or affirmation, >> which shall be filed in the office of the Secretary of State: >> >> 'I do solemnly swear (or affirm, as the case may be) that I will support the constitution of >> the United States, and the constitution of the State of Illinois, and that I will faithfully >> discharge the duties of judge of ______ court, according to the best of my ability.'" >> >> So your stament is incorrect concerning federal constitution, because the judge raised his > hand >> and swore he would protect the Federal constitution. > > > As US courts currently interpret the 2nd amendment it is not applicable to the various states. > States may make any laws regarding the control of firearms as they see fit to. This has always > been the case. > > However a case before the Supreme Court this term challenges the long held view of the 2nd > Amendment as a state right rather than a personal right. > > When our country was formed the big concern was that the federal government not have absolute > power over state governments in all matters. The concept of dual sovereignty was developed. > Certain matters the federal government has absolute authority over and certain maters are > reserved for state control. The US Constitution always applies to the federal government and > usually applies to state governments with some exceptions. The 7th amendment is one example of > where the Constitution does not apply to states. The 7th Amendment applies to US Federal Courts > but not state courts. In State court the 7h Amendment does not compel a trial by jury in a > civil case. The following is the 7th Amendment: > > "In Suits at common law, where the value > in controversy shall exceed twenty dollars, > the right of trial by jury shall be preserved, > and no fact tried by a jury, shall be otherwise > re-examined in any Court of the United States, > than according to the rules of the common law." > > Now a person might think that all courts in the US must give a person a trial by jury in a civil > matter. Not so! This part of the Constitution only applies to the federal government not state > governments. > > Likewise the 2nd Amendment only applies to the federal government not state governments. Dual > sovereignty is extremely difficult to understand so don't feel alone in your misunderstanding. > Until the Supreme Court rules otherwise, the 2nd Amendment does not restrict states from making > their own gun control laws.
Posts on this thread, including this one
- Denied Illinois FOID card, 11/17/06, by Denied A Gun.
- Re: Denied Illinois FOID card, 11/18/06, by Res Ispa Loquitur.
- Re: Denied Illinois FOID card, 5/31/07, by Joe.
- Re: Denied Illinois FOID card, 6/13/07, by NRA MAN.
- Re: Denied Illinois FOID card, 6/22/07, by lj.
- Re: Denied Illinois FOID card, 6/22/07, by lj.
- Re: Denied Illinois FOID card, 7/02/07, by Guy.
- Re: Denied Illinois FOID card, 7/04/07, by Ron.
- Re: Denied Illinois FOID card, 7/04/07, by Ron.
- Re: Denied Illinois FOID card, 7/04/07, by Ron.
- Re: Denied Illinois FOID card, 7/06/07, by Jack.
- Re: Denied Illinois FOID card, 7/06/07, by Lisa.
- Re: Denied Illinois FOID card, 7/06/07, by Lisa.
- Re: Denied Illinois FOID card, 7/09/07, by Ron.
- Re: Denied Illinois FOID card, 7/09/07, by Ron.
- Re: Denied Illinois FOID card, 7/12/07, by Ron.
- Re: Denied Illinois FOID card, 7/12/07, by Ron.
- Re: Denied Illinois FOID card, 7/12/07, by Ron.
- Re: Denied Illinois FOID card, 7/19/07, by Aaron Berger.
- Re: Denied Illinois FOID card, 8/22/07, by Hogan.
- Re: Denied Illinois FOID card, 8/22/07, by --.
- Re: Denied Illinois FOID card, 8/22/07, by JR.
- Re: Denied Illinois FOID card, 8/23/07, by PA.
- Re: Denied Illinois FOID card, 8/23/07, by PA One other thing.
- Re: Denied Illinois FOID card, 8/27/07, by Jack.
- Re: Denied Illinois FOID card, 8/27/07, by Jack.
- Re: Denied Illinois FOID card, 9/06/07, by Tim.
- Re: Denied Illinois FOID card, 9/26/07, by Hogan.
- Re: Denied Illinois FOID card, 9/28/07, by DILLER.
- Re: Denied Illinois FOID card, 9/28/07, by Ozarks Lawyer.
- Re: Denied Illinois FOID card, 9/28/07, by Curmudgeon.
- Re: Denied Illinois FOID card, 9/28/07, by friend of NRA.
- Re: Denied Illinois FOID card, 9/29/07, by Tracy.
- Re: Denied Illinois FOID card Oz, 9/29/07, by Prairie Dawg.
- Re: Denied Illinois FOID card, 9/29/07, by friend of NRA.
- Re: Denied Illinois FOID card, 10/01/07, by Tracy.
- Re: Denied Illinois FOID card, 10/01/07, by Curmudgeon.
- Re: Denied Illinois FOID card, 10/01/07, by Ozarks Lawyer.
- Re: Denied Illinois FOID card, 10/01/07, by Tracy.
- Re: Denied Illinois FOID card, 10/01/07, by Curmudgeon.
- Re: Denied Illinois FOID card, 10/01/07, by friend of NRA.
- Re: Denied Illinois FOID card, 10/01/07, by one last thought.
- Re: Denied Illinois FOID card, 10/01/07, by Diller.
- Re: Denied Illinois FOID card, 10/01/07, by Ozarks Lawyer.
- Re: Denied Illinois FOID card OZ, 10/01/07, by Prairie Dawg.
- Re: Denied Illinois FOID card, 10/02/07, by Treat with Respect.
- Re: Denied Illinois FOID card, 10/02/07, by Razzle.
- Re: Denied Illinois FOID card, 10/05/07, by v.
- Re: Denied Illinois FOID card, 10/05/07, by v.
- Re: Denied Illinois FOID card, 10/05/07, by who cares.
- Re: Denied Illinois FOID card, 10/05/07, by v.
- Re: Denied Illinois FOID card, 10/25/07, by butwhat.
- Re: Denied Illinois FOID card, 10/25/07, by butwhat.
- Re: Denied Illinois FOID card, 10/30/07, by Hawk.
- Re: Denied Illinois FOID card, 10/30/07, by -.
- Re: Denied Illinois FOID card, 11/28/07, by Trying to Help.
- Re: Denied Illinois FOID card, 12/17/07, by Pac 57.
- Re: Denied Illinois FOID card, 1/09/08, by Hogan 21.
- Re: Denied Illinois FOID card, 1/09/08, by --.
- Re: Denied Illinois FOID card, 1/12/08, by FOID CARD.
- Re: Denied Illinois FOID card, 1/14/08, by Guns.
- Re: Denied Illinois FOID card, 1/14/08, by --.
- Re: Denied Illinois FOID card, 1/14/08, by v.
- Re: Denied Illinois FOID card, 1/15/08, by Guns.
- Re: Denied Illinois FOID card, 1/15/08, by --.
- Re: Denied Illinois FOID card, 1/15/08, by v.
- Re: Denied Illinois FOID card, 1/15/08, by --.
- Re: Denied Illinois FOID card, 1/15/08, by v.
- Re: Denied Illinois FOID card, 1/16/08, by Guns.
- Re: Denied Illinois FOID card, 1/16/08, by --.
- Re: Denied Illinois FOID card, 1/16/08, by Captain America.
- Re: Denied Illinois FOID card, 1/16/08, by v.
- Re: Denied Illinois FOID card, 1/16/08, by --.
- Re: Denied Illinois FOID card, 1/16/08, by Res Ipsa Loquitur.
- Re: Denied Illinois FOID card, 1/17/08, by v.
- Re: Denied Illinois FOID card, 2/21/08, by RIGHT TO ARMS.
- Re: Denied Illinois FOID card, 2/21/08, by --.
- Re: Denied Illinois FOID card, 2/22/08, by NIU.
- Re: Denied Illinois FOID card, 2/26/08, by SECTION 22. RIGHT TO ARMS.
- Re: Denied Illinois FOID card, 2/26/08, by Curmudgeon.
- Re: Denied Illinois FOID card, 2/26/08, by --.
- Re: Denied Illinois FOID card, 2/27/08, by Guns.
- Re: Denied Illinois FOID card, 2/27/08, by --.
- Re: Denied Illinois FOID card, 2/27/08, by Guns.
- Re: Denied Illinois FOID card, 2/27/08, by Curmudgeon.
- Re: Denied Illinois FOID card, 2/27/08, by --.
- Re: Denied Illinois FOID card, 2/28/08, by guns.
- Re: Denied Illinois FOID card, 2/28/08, by Curmudgeon.
- Re: Denied Illinois FOID card, 2/28/08, by guns.
- Re: Denied Illinois FOID card, 2/28/08, by Guns 2.
- Re: Denied Illinois FOID card, 2/28/08, by --.
- Re: Denied Illinois FOID card, 2/28/08, by Curmudgeon.
- Re: The Constitution -- love it or change it, 2/28/08, by --.
- Re: Denied Illinois FOID card, 2/28/08, by Guns.
- Re: The Constitution -- love it or change it, 2/28/08, by guns.
- Re: Denied Illinois FOID card, 2/28/08, by Guns.
- Re: Denied Illinois FOID card, 2/28/08, by --.
- Re: Denied Illinois FOID card, 2/29/08, by Guns.
- Re: Denied Illinois FOID card, 2/29/08, by --.
- Re: Denied Illinois FOID card, 3/01/08, by Illinois.
- Re: Denied Illinois FOID card, 3/01/08, by --.
- Re: Denied Illinois FOID card, 3/12/08, by ILLINOIS.
- Re: Denied Illinois FOID card, 3/12/08, by ILLINOIS.
- Re: Denied Illinois FOID card, 3/13/08, by ASTRO.
- Re: Denied Illinois FOID card, 3/14/08, by ILLINOIS.
- Re: Denied Illinois FOID card, 3/15/08, by dser.
- Re: Denied Illinois FOID card, 3/17/08, by lrw.
- Re: Denied Illinois FOID card, 3/17/08, by Kent.
- Re: Denied Illinois FOID card, 3/18/08, by FOID.
- Re: Denied Illinois FOID card, 3/19/08, by Concerned.
- Re: Denied Illinois FOID card, 4/01/08, by Rudy.
- Re: Denied Illinois FOID card, 4/02/08, by Lisa .
- Re: Denied Illinois FOID card, 4/02/08, by Curmudgeon.
- Re: Denied Illinois FOID card, 4/02/08, by --.
- Re: Denied Illinois FOID card, 4/19/08, by Lisa has a point.
- Re: Denied Illinois FOID card, 5/18/08, by Larry .
- Re: Denied Illinois FOID card, 5/25/08, by Happy.
- Re: DEPUTY JIM HITE COLES COUNTY ILLINOIS, 6/06/08, by Razor.
- Re: DEPUTY JIM HITE COLES COUNTY ILLINOIS, 6/16/08, by Expert.
- Re: DEPUTY JIM HITE COLES COUNTY ILLINOIS, 6/16/08, by --.
- Re: Denied Illinois FOID card, 6/27/08, by FOID SYSTEM IS UN-CONSTITUTIONAL .
- Re: Denied Illinois FOID card, 6/27/08, by --.
- Re: Denied Illinois FOID card, 6/28/08, by FOID SYSTEM IS UN-CONSTITUTIONAL .
- Re: Denied Illinois FOID card, 6/28/08, by Jacky.
- Re: Denied Illinois FOID card, 6/28/08, by --.
- Re: Denied Illinois FOID card, 6/28/08, by FOID SYSTEM IS UN-CONSTITUTIONAL . .
- Re: Denied Illinois FOID card, 6/28/08, by --.
- Re: Denied Illinois FOID card, 6/29/08, by FOID SYSTEM IS UN-CONSTITUTIONAL .
- Re: Denied Illinois FOID card, 6/29/08, by --.
- Re: Denied Illinois FOID card, 7/07/08, by DILLER.
- Re: Denied Illinois FOID card, 7/07/08, by --.
- Re: Denied Illinois FOID card, 7/07/08, by Greg Holz.
- Re: Denied Illinois FOID card, 7/07/08, by friend of NRA.
- Re: Denied Illinois FOID card, 7/07/08, by paula.
- Re: Denied Illinois FOID card, 7/07/08, by paul a..
- Re: Denied Illinois FOID card, 7/08/08, by Terrence not Terence.
- Re: Denied Illinois FOID card, 7/09/08, by Jerome Brown.
- Re: Denied Illinois FOID card, 7/09/08, by Jerome Brown.
- Re: Denied Illinois FOID card, 7/11/08, by Steven Pitts.
- Re: Denied Illinois FOID card, 7/11/08, by by paul a. to steven pitts.
- Re: Denied Illinois FOID card, 7/12/08, by nope.
- Re: Denied Illinois FOID card, 7/12/08, by DILLER.
- Re: Denied Illinois FOID card, 7/12/08, by Steven P.
- Re: Denied Illinois FOID card, 7/13/08, by Solo.
- Re: Denied Illinois FOID card, 7/13/08, by --.
- Re: Denied Illinois FOID card, 7/14/08, by Solo.
- Re: Denied Illinois FOID card, 7/17/08, by Net.
- Re: DEPUTY JIM HITE COLES COUNTY ILLINOIS, 8/09/08, by Sue .
- Re: DEPUTY JIM HITE COLES COUNTY ILLINOIS, 8/09/08, by --.
- Re: DEPUTY JIM HITE COLES COUNTY ILLINOIS, 8/14/08, by Student.
- Re: likely to be unrightously Denied Illinois FOID card, 10/27/08, by J.
- Re: Denied Illinois FOID card, 2/04/09, by Take Them to Court now.
- Re: Denied Illinois FOID card, 2/04/09, by --.
- Re: Denied Illinois FOID card, 2/04/09, by FACTS AND THE LAW.
- Re: Denied Illinois FOID card, 2/04/09, by --.
- Re: ALU School of Law NOT to Recieve DETC Accreditation NOW, 2/04/09, by NO DETC for ALU , NOT NOW - MAYBE LATER ?.
- Re: Denied Illinois FOID card, 2/04/09, by FACTS AND THE LAW.
- Re: Denied Illinois FOID card, 2/04/09, by FACTS AND THE LAW.
- Re: ALU School of Law NOT to Recieve DETC Accreditation NOW, 2/04/09, by ALU and CA Southern JUne 2009 accredition.
- Re: Denied Illinois FOID card, 2/04/09, by --.
- Re: ALU School of Law NOT to Recieve DETC Accreditation NOW, 2/04/09, by Wait for DETC Before Enrolling at ALU.
- Re: Denied Illinois FOID card, 2/04/09, by WSCL no good.
- Re: WCSL, 2/04/09, by --.
- Re: Denied Illinois FOID card, 2/05/09, by Facts AND THE LAW.
- Re: ALU School of Law - Forget About DETC Accreditation, 2/05/09, by Ultra Expensive -Please Lower Tuition.
- Re: Denied Illinois FOID card, 2/05/09, by --.
- Re: ALU School of Law - DETC Accreditation, 2/05/09, by ALU..........wish them well.
- Re: Denied Illinois FOID card, 2/05/09, by Facts AND THE LAW .
- Re: Denied Illinois FOID card, 2/05/09, by TGA thank god already.
- Re: Denied Illinois FOID card, 2/05/09, by Facts AND THE LAW .
- Re: Denied Illinois FOID card for stupidity, 2/05/09, by Lawyer.
- Re: Denied Illinois FOID card, 2/05/09, by --.
- Re: Denied Illinois FOID card, 6/16/09, by Retired Lawyer cs..
- Re: Denied Illinois FOID card, 9/21/09, by Randy.
- Re: Denied Illinois FOID card, 5/21/10, by corey s..
- Re: Denied Illinois FOID card, 5/21/10, by corey s..
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