An inquiry from one of my most valued associates in asterisks
and my rambling dissertation afterwards.
**Please elaborate on the following. Why is it superior to a ruling by the USSC?:
Once such a [declaratory] judgment is filed in the record of United States Court it is superior to a ruling of the United States Supreme Court. -James Alan Daum Discussing the Declaration of !ndependence"##
This must have come from the archives. Are you sure I was discussing the UNANIMU! "#$%A&ATIN itself' The document is a (#TITIN cogni)able under #nglish $ommonlaw* as intended by the +reat $harter of #nglish %iberties at $ha,ter -..
Since, moveover, for Go an the amenment of our !ingom an for the better allaying of the "uarrel that has arisen between us an our barons, we have grante all these concessions, esirous that they shoul en#oy them in complete an firm enurance forever, we give an grant to them the unerwritten security, namely, that the barons choose five an twenty barons of the !ingom, whomsoever they will, who shall be boun with all their might, to observe an hol, an cause to be observe, the peace an liberties we have grante an confirme to them by this our present Charter, so that if we, or our #usticiar, or our bailiffs or any one of our officers, shall in anything be at fault towars anyone, or shall have bro!en any one of the articles of this peace or of this security, an the offense be notifie to four barons of the foresai five an twenty, the sai four barons shall repair to us $or our #usticiar, if we are out of the realm% an, laying the transgression before us, petition to have that transgression redressed without delay. &n if we shall not have correcte the transgression $or, in the event of our being out of the realm, if our #usticiar shall not have correcte it% within forty ays, rec!oning from the time it has been intimate to us $or to our #usticiar, if we shoul be out of the realm%, the four barons aforesai shall refer that matter to the rest of the five an twenty barons, an those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by sei'ing our castles, lans, possessions, an in any other way they can, until redress has been obtained as they eem fit, saving harmless our own person , an the persons of our "ueen an chilren( an when reress has been obtaine, they shall resume their ol relations towars us. &n let whoever in the country esires it, swear to obey the orers of the sai five an twenty barons for the e)ecution of all the aforesai matters, an along with them, to molest us to the utmost of his power( an we publicly an freely grant leave to everyone who wishes to swear, an we shall never forbi anyone to swear. &ll those, moveover, in the lan who of themselves an of their own accor are unwilling to swear to the twenty five to help them in constraining an molesting us, we shall by our comman compel the same to swear to the effect foresai. &n if any one of the five an twenty barons shall have ie or eparte from the lan, or be incapacitate in any other manner which woul prevent the foresai provisions being carrie out, those of the sai twenty five barons who are left shall choose another in his place accoring to their own #ugment, an he shall be sworn in the same way as the others. *urther, in all matters, the e)ecution of which is entruste, to these twenty five barons, if perchance these twenty five are present an isagree about anything, or if some of them, after being summone, are unwilling or unable to be present, that which the ma#ority of those present orain or comman shall be hel as fi)e an establishe, e)actly as if the whole twenty five ha concurre in this( an the sai twenty five shall swear that they will faithfully observe all that is aforesai, an cause it to be observe with all their might. &n we shall procure nothing from anyone, irectly or inirectly, whereby any part of these concessions an liberties might be revo!e or iminishe( an if any such things has been procure, let it be voi an null, an we shall never use it ally or by another. +ohn ,ac!lan &nno -omini ./.0
/The re,resentatives of the good ,eo,le of the thirteen colonies took some liberties to im,rovise since there were no barons as such but their declaration was ,resented to the ,eo,le of the world and +od in heaven. As far as I know 0ing +eorge III did not refute the accusations or demand a trial on the merits so the declaration became law and was admitted officially by the Treaty of (aris in .123. (rince 4ohn didn5t take the agreement seriously either6 having been absolved of it by the (o,e6 he s,ent the rest of his life hunting down the barons and cutting their hands and feet off.7
"es,ite a lifetime of melodramatic entertainment that has sha,ed your mind like a ball of moist clay the most im,ortant ,ur,ose of a 8$U&T8 is to ,roduce a &#$&" 9 4U"I$IA% (&$##"IN+!.
In certain situations it is the decree of the king and thus the word of +" /for those who believe: otherwise it is sim,ly the rule of law7.
;hen you have made your law under your own <urisdiction it is indelible and figuratively 8carved in stone.8
"A court of record is that where the acts and judicial proceedings are enrolled in parchment for a perpetual memorial and testimony: which rolls are called the records of the court, and are of such high and supereminent authority, that their truth is not to be called in question. For it is a settled rule and maxim that nothing shall be averred against a record, nor shall any plea, or even proof, be admitted to the contrary." illiam !lac"stone #ommentaries, !oo" $, #hapter $, %age &'
The 8<ustices8 sitting in a !u,reme $ourt =uorum do not acce,t all cases tendered for review. /It is well known that they do not even select the cases ,ersonally but receive them through a consensus of law clerks6 ,aralegals and attorneys em,loyed to influence the decisions of the forum.7 The >ritish equivalent is a number of legislative 8%ords8 out of (arliament that set or remake the law itself.
Thus6 one or more attorneys who have wrestled a case through the original and lower a,,ellate courts ,resent a 8(etition for $ertiorari8 asking for a !u,reme $ourt o,inion and some very few are chosen for cause and eventually become citations for stare decisis. The attorneys and ,rofessional ,oliticians have made this ,rocedure very e?,ensive but about five thousand ,etitions come u, for admission every year and far less than one in ten are admitted for an o,inion and decision so it is im,lied that over ninety ,ercent of these cases $ANNT be acce,ted for one reason or another.
A verified declaratory <udgment which states a law that has not been denied or challenged for trial is already a decision of the N# !U(&#M# $U&T and cannot be overturned by a cabal of ,utrified attorneys sitting en banc under any %aw of the United !tates of America if the argument is nothing more than that the <udgment is true6 correct and <ust.
This is the ,rimary reason why the attorneys6 <udges6 clerks and de,uties attem,t to use the designation 8,ro se8 along with your name instead of 8sui Juris.8 The former indicates you are an incom,etent ,arty unre,resented by an attorney or an attorney not re,resenting a ,arty with the right to <ustice while the latter is an affirmative statement that you have the right to conduct $U&T and make law.