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Thread: Filing SUIT Against State in Article 3 Court--Need Advice

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  1. #3
    Quote Originally Posted by shibumi2 View Post
    I lost my driving license for a year under very bogus circumstances.

    Without going into great detail, I am looking for a starting point for grounds to file in USDC. My plan is to argue under constitutional right to free travel. Would there be better grounds.

    I am now reading the threads on making a record in USDC but have no background
    I would add to your studies the Supreme Court case Aswander v. Tennessee Valley Association (1936), more specifically the Ashwander rule.

    If one wishes to raise a constitutional issue, it would be wise not to avail one's self of statutory benefits in accordance with the avoidance doctrine established by Justice Brandeis in the aforementioned case.

    According to George Gordon, the State (government) has an interest in your vehicle granted by way of the certificate of title. One may wish to possess the complete and full interest of their vehicle in their right to travel journey.

    The certificate of title is a service. There are many, many links with commerce surrounding vehicles, certificates, insurances, and licensing.


    For others:

    A license is not a contract (which attorneys are quick to yelp about), but the never say exactly what a license is.
    A license is a servitude. This is a very important point.

    This being the case when did government acquire the power to impose this kind of servitude on citizens?
    Perhaps a tie in with the Reconstruction Acts could lend us some clues?

    Alfred Adask has an interesting theory on administrative courts being bills of attainder. Administrative courts violate the separation of powers doctrine by unifying the powers of all three branches into one entity.

    Rod Class has interesting theories concerning administrative courts and the Administrative Procedure Act of 1946.

    Lee Brobst also had interesting material concerning administrative courts and the Constitution as well.

    There are also links involving federal codes and statutes involving transportation, traffic legislation of the States and federal funding in addition to regulations from both State and Federal.
    Last edited by shikamaru; 06-25-11 at 11:46 AM.

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