Quo Warranto

[BAMAJiPS]

Been having several issues with the actors in my county lately - specifically in court... I've been getting hammered by the machine of "The State" and was wondering what you guys think about the common law remedy of "Quo Warranto"?

It's an interesting concept to me, and I've just learned of it's existence, but wonder how specifically one might use it practically, or if anybody has any knowledge or resource of it's use. I picked up on it in the Carl Miller Constitution series (which I try to watch at least once a year since I learned of it). There seems to be little information about Carl Miller on the net - cases, etc, and not much of Quo Warranto - it seems most Bar Attorneys explain QW in some crap corporate/commercial construct... I want to know about using it in common law respect. Im trying to survive the teeth of "The State" here!

When "The State" EX REL acts against me personally, how have they gained that authority to do so? (I'm referring to child support here specifically). I can understand the state coming after me representing MY CHILDREN who are incapable of acting on their own, but how can the state assume authority to represent another individual while trampling the other down?

Doesn't this violate equal protection under the law?

My state constitution specifically reads in Article 1 Section 35 "That the sole object and ONLY LEGITIMATE end of government is to protect the citizen in the enjoyment of life, liberty and property, and when the government assumes other functions it is USURPATION and OPPRESSION."

I LOVE the wording of that, and it seems most the time when a government actor is presented with that phrase they immediately start to clam up and get defensive.

So, maybe a little more pointedly - how can a child support agency even exist and claim to protect one individual's rights without trampling on another individual's? Not that I want their benefit of representation, but it would seem to me that I could demand the same protection afforded to the other party and they would be obliged to comply under equal protection claims.

I'm sure they wont do that, so I was kind of seeing what other's thoughts might be on Quo Warranto... what gives them the authority to assert themselves into my business and claim they have jurisdiction over me on behalf of another individual??

(Excuse my ramblings - I'm a very scatterbrained individual)

[shikamaru]

Been having several issues with the actors in my county lately - specifically in court... I've been getting hammered by the machine of "The State" and was wondering what you guys think about the common law remedy of "Quo Warranto"?

It's an interesting concept to me, and I've just learned of it's existence, but wonder how specifically one might use it practically, or if anybody has any knowledge or resource of it's use. I picked up on it in the Carl Miller Constitution series (which I try to watch at least once a year since I learned of it). There seems to be little information about Carl Miller on the net - cases, etc, and not much of Quo Warranto - it seems most Bar Attorneys explain QW in some crap corporate/commercial construct... I want to know about using it in common law respect. Im trying to survive the teeth of "The State" here!

When "The State" EX REL acts against me personally, how have they gained that authority to do so? (I'm referring to child support here specifically). I can understand the state coming after me representing MY CHILDREN who are incapable of acting on their own, but how can the state assume authority to represent another individual while trampling the other down?

Doesn't this violate equal protection under the law?

My state constitution specifically reads in Article 1 Section 35 "That the sole object and ONLY LEGITIMATE end of government is to protect the citizen in the enjoyment of life, liberty and property, and when the government assumes other functions it is USURPATION and OPPRESSION."

I LOVE the wording of that, and it seems most the time when a government actor is presented with that phrase they immediately start to clam up and get defensive.

So, maybe a little more pointedly - how can a child support agency even exist and claim to protect one individual's rights without trampling on another individual's? Not that I want their benefit of representation, but it would seem to me that I could demand the same protection afforded to the other party and they would be obliged to comply under equal protection claims.

I'm sure they wont do that, so I was kind of seeing what other's thoughts might be on Quo Warranto... what gives them the authority to assert themselves into my business and claim they have jurisdiction over me on behalf of another individual??

(Excuse my ramblings - I'm a very scatterbrained individual)

QUO WARRANTO along with MANDAMUS are what I call ... "the hammers".

Use very sparingly .

Quo Warranto, Mandamus, Habeaus Corpus, Prohibition, and others are WRITS. WRITS were the work horses of Common Law judicial process. WRITS were the primary FORMS of ACTION for Common Law.

There is a difference between a petition for a writ and a writ. The former is a plea. A prayer. The latter is an ACTION.

Now, I would expect them to get testy with you when you get close to things, thus be careful .
You should generate quite a bit of excitement moving forward with lawful process.

You will want to see if your actors have oaths of offices as well as bonds in addition to acquiring the laws (certified copies) mandating they have such. You can start forming your evidence repository with all of this.

Another move could be you challenging the standing of the officers and their claim of jurisdiction.

Here is a decent treatise on some of the writs mentioned:
http://books.google.com/books?id=wRk...rranto&f=false

[BAMAJiPS]

Excuse the typos please. I'm all thumbs.

[Jethro]

QUO WARRANTO along with MANDAMUS are what I call ... "the hammers".

Use very sparingly .

Quo Warranto, Mandamus, Habeaus Corpus, Prohibition, and others are WRITS. WRITS were the work horses of Common Law judicial process. WRITS were the primary FORMS of ACTION for Common Law.

There is a difference between a petition for a writ and a writ. The former is a plea. A prayer. The latter is an ACTION.

shik, can you provide any examples of any successful "modern" Quo Warranto actions that have been filed?

[shikamaru]

shik, can you provide any examples of any successful "modern" Quo Warranto actions that have been filed?

I'd have to hunt for it. More than likely, such successful actions would have occurred more so in the past than nowadays.

[Jethro]

I'd have to hunt for it. More than likely, such successful actions would have occurred more so in the past than nowadays.

Thanks, shik. Seeing some successful "old" QW actions may be just as helpful.

[pumpkin]

I have read some about Quo Warranto. It being a parogative writ, the right is not in its issue, but in its answer. The respondant must answer by what authority he acts. But as in all cases, the identity of the one who issues the writ will make all the difference in the world. Make sure to identify yourself as one of the people, created in the image of God, and endowed by your creator with certain inalienable rights. There are many entities other than people, and an answer that may fail concerning the rights of the people, will be sufficient if applied to another entity. Don't let the court or anyone else assume anything about you.

[shikamaru]

I have read some about Quo Warranto. It being a parogative writ, the right is not in its issue, but in its answer. The respondant must answer by what authority he acts. But as in all cases, the identity of the one who issues the writ will make all the difference in the world. Make sure to identify yourself as one of the people, created in the image of God, and endowed by your creator with certain inalienable rights. There are many entities other than people, and an answer that may fail concerning the rights of the people, will be sufficient if applied to another entity. Don't let the court or anyone else assume anything about you.

Great point.

[lis]

I'd have to hunt for it. More than likely, such successful actions would have occurred more so in the past than nowadays.

http://www.nationallibertyalliance.o...o_warranto.pdf

[David Merrill]

http://www.nationallibertyalliance.o...o_warranto.pdf

Welcome Lis!

That is a big walk down memory lane! Please tell me when and where that is filed in the federal court so I can watch for any reaction on PACER.