"Experience should teach us to be most on our guard to
protect liberty when the Government's purposes are beneficent.
Men born to freedom are naturally alert to repel invasion of
their liberty by evilminded rulers. The greatest dangers to
liberty lurk in insidious encroachment by men of zeal, well
meaning but without understanding." Justice Louis D.
Brandeis dissenting, Olmstead v. United States
"Fiat iustitia ruat clum". Let justice be done though
the heavens fall! Lord Mansfield, from ancient maxim.
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. Norton v. Shelby County,
118 U.S. 425 (1886).
"Tyranny and injustice thrive when people make economic
decisions rather than stand on principle." Jon Roland, 1983
Click on the button to get the indicated file
Scholarly articles, federal and supreme court decisions, and
First Amendment Law Library
Second Amendment Law Library
Third Amendment Law Library
Fourth Amendment Law Library
Fifth Amendment Law Library
Sixth Amendment Law Library
Seventh Amendment Law Library
Eighth Amendment Law Library
Ninth Amendment Law Library
Tenth Amendment Law Library
Fourteenth Amendment Law Library
Jurisdiction & Due Process
Bill of Attainder & Ex Post
Facto Law Library
Title of Nobility &
Impeachment Law Library
Money & Taxes Law Library
Separation of Powers &
Supremacy Law Library
Woe unto you also, you lawyers! For you load men with
burdens hard to bear, and you yourselves do not touch the
burden with one of your fingers."
Wearing black robes doesn't make fools wise.
Jon Roland, 1996
Bouvier Law Dictionary.
Also available as two self-extracting executables: Part 1 and Part 2.
Pro Se Handbook
Local copy of guide available from here.
of Rebellion, by William O. Douglas Supreme Court
justice reveals the breadth and depth of official corruption and
abuse of constitutional rights and limits on powers.
Woe Unto You,
Lawyers, Fred Rodell, Professor of Law, Yale
University, 1939 Criticizes the legal profession.
Articles of Interest. Check these for fidelity to their
Association of Criminal Defense Lawyers (NACDL) Have
legislative reform agenda.
Becraft, constitutional attorney This site contains some
valuable articles on legal reform. There is also an alternate site.
Here are some local copies:
Treaties: A Source for
Federal Municipal Power
Compulsory Production of
List of Public Corruption
Velte, constitutional attorney Also has an organization,
Peaceable Texans for Firearms Rights. Has served on Committee of
Safety of the Southern Region, Texas Constitutional Militia.
Citizens' Justice Programs
This archive of articles by constitutional attorney David C.
Grossack includes some useful guidance for legal reformers.
Amendment Center Effort in many states to challenge
unconstitutional federal overreaching of its authority.
Point Size to Standard Point Size Conversion Chart
Needed to comply with Rule 33.1(b) in filings to the U.S.
Qui tam, abbreviation of "qui tam pro domino
rege quam pro sic ipso in hoc parte sequitur",
meaning "who sues for the king as for himself." Black's
Law Dictionary defines a qui tam action as "an action
brought ... under a statute which establishes a penalty
for the commission or omission of a certain act, and
provides that the same shall be recoverable in a civil
action, part of the penalty to go to any person who will
bring such action and the remainder to the state or some
Ex Rel., abbreviation of "ex relatione", are
actions brought in the name of the state but on the
information and at the instigation of a private individual
with a private interest in the outcome. The real party in
interest is called the "relator." The action is captioned
"State of X [or United States] ex rel. Y. v. Z."
Quo warranto, "what authority?", is an ancient
legal doctrine by which persons may challenge actions of
governmental or corporate officials or agents when they
exceed their legally granted authority. It may be used to
remove the offender from office.
Habeas corpus, "have the body", a kind of quo
warranto action seeking to release someone from custody if
the authority to hold him cannot be proven.
Private Prosecution & Quo Warranto
Revive Private Criminal Prosecutions by Jon Roland.
Calls for use of private prosecutors in cases of public
corruption and abuse where public prosecutors unwilling to
Private Prosecutions Provides cites for recent cases
involving use of private prosecutors.
Constitutionality of the Independent Counsel Statute:
Executive Control over Criminal Law Enforcement: Some Lessons
from History, Harold J. "Hal" Krent, 38 Am. U.L. Rev.
275, Winter, 1989, Interesting review of private
criminal prosecutions in history.
quo warranto proceedings Provides cites for recent cases
involving use of quo warranto.
Montana Freemen Archive
This is the documentation developed by the Freemen of Justus
Township, Montana, who began an armed confrontation with state
and federal personnel in March, 1996. Is there merit in their
position, or are they out of line? You decide. These are
Microsoft Word .doc files, courtesy of Patrick Lear.
The commerce clause
Dulocracy in America,
by J. D. Sweeney New edition of the original three volume
treatise on the political and judicial history of the United
States, heralding its decline in the 1930's from a nation under
law to a welfare farm ruled by public servants operating under
the guise of perpetual "economic emergency." Focus is on the
Commerce Clause and how it has been used as the basis for
usurpations of power by the central government of the U.S.
United States v. Lopez, 115 S. Ct. 1624, 131 L.
Ed. 2d 626 (1995). Docket 93-1260 Decided April 26, 1995
Kennedy, O'Connor, Scalia, Thomas
There's no way to rule innocent men. The only power
government has is the power to crack down on criminals. When
there aren't enough criminals, one makes them. One declares
so many things to be a crime that it becomes impossible for
men to live without breaking laws.
One of the key issues in the interpretation of the U.S.
Constitution is the definition of the term "regulation". According
to Black's Law Dictionary
(Sixth Edition), a regulation is "a rule or order prescribed for
management or government; a regulating principle; a precept." It
is usually understood today as a "rule of order prescribed by
superior or competent authority relating to action of those under
its control. Regulation is rule or order having force of law...."
and a function of a government. But in its original meaning,
current at the time the U.S. Constitution was adopted, it included
self-regulation, not just regulation by a government. The
controversy, which arose soon after adoption, is whether the power
to regulate includes, as a "necessary and proper" power (Art. I,
Sec. 8, Cl. 18), the power to impose criminal penalties, or only
civil penalties. The understanding of Jefferson and Madison, and
many others of the Founders, was that it did not. See the Kentucky Resolutions of 1798
and the essay "Federal Criminal
Powers Limited". However, later generations have departed
from that understanding, and, in combination with the "commerce
clause" (Art. I, Sec. 8,
Cl. 3), extended federal criminal jurisdiction to anything
having a "substantial effect on interstate commerce", especially
after the appointment of compliant judges to the U.S. Supreme
Court in 1937. There is also an issue arising from the practice of
the U.S. Congress of adopting general legislation and delegating
to executive agencies the power to promulgate "regulations" to
define the details of such legislation. But, those "details" often
amount to substantive law never contemplated by the U.S. Congress,
and constitute an unconstitutional delegation of legislative power
to an executive department, something forbidden by the U.S.
Constitution and a violation of the principle of the separation of
powers it enbodies. The reversal of these usurpations is a focus
of efforts to return government to compliance with the original
intent of the Founders.
the Income Tax Brief by Larry Becraft. You might be able
to use this in your tax case. Also see the following letters
that you might use as a model.
Bills of Attainder
According to Black's Law
Dictionary (Sixth Edition), bills of attainder are
"legislative acts, no matter what their form, that apply either to
named individuals or to easily ascertainable members of a group in
such a way as to inflict punishment on them without a judicial
trial. ... An act is a 'bill of attainder' [under common law, see
when the punishment is death and a 'bill of pains and penalties'
when the punishment is less severe; both kinds of punishment fall
within the scope of the constitutional prohibition. U.S.
Constitution Art. I,
Sec. 9, Cl. 3 (as to Congress); Art. I, Sec. 10 (as to
state legislatures)." Unfortunately, this prohibition is being
systematically violated in many ways. The following links are to
discussions ofsuch violations and what is being done to remedy the
Safety or Bills of Attainder? Law Review Article: Jun.
When law becomes a game only lawyers can play, only
lawyers can win.
Jon Roland, 1985
4 Judges One approach to holding judges accountable for
Dakota Initiative currently before the voters.