Broken contract (Read 886 times)

MassConfusion

Broken contract
« on: October 28, 2021, 07:20:19 PM »
I don't really know how to approach this.  I have zero legal back ground.
If the person in charge has broken their oath and is not executing his duties as prescribed are we bound to comply?  If the representation as assembled does not really represent the will of their constituency are we bound to comply?  If we must be forced to comply does this make them illegitimate?  If they are illegitimate and we are not bound to comply what then would we do?  If fraud invalidates a contract, how are we still bound?  The evidence is on full display.  I would offer beyond a reasonable doubt.
In accordance with the founding contract, are we supposed to disassemble and put into effect a new governing body?  I realize this would result in chaos. 
If the makers of the law are them selves lawless and they are in power through fraud are we still bound to comply?  Does power flow from the barrel of a gun?
Can the lawless law makes be nullified if they are not held to their own laws?  They seem to be representatives in name only.
What I am trying to get at is, why is this happen being allowed?  What measures can be taken to correct this?  Legally it would seem that the people who are supposed to be the source of power for the governing have been marginalized and dis-empowered.  Short of physically taking back what is supposed to be ours, what unbiased legal remedy if any do we have?
Maybe someone can make more sense out of this than I,
None are more hopelessly enslaved than those who falsely believe they are free. ― Johann Wolfgang von Goethe
 “The only difference between reality and fiction is that fiction needs to be credible.” ― Mark Twain

Flapp_Jackson

Re: Broken contract
« Reply #1 on: October 28, 2021, 08:23:15 PM »
I don't really know how to approach this.  I have zero legal back ground.
If the person in charge has broken their oath and is not executing his duties as prescribed are we bound to comply?  If the representation as assembled does not really represent the will of their constituency are we bound to comply?  If we must be forced to comply does this make them illegitimate?  If they are illegitimate and we are not bound to comply what then would we do?  If fraud invalidates a contract, how are we still bound?  The evidence is on full display.  I would offer beyond a reasonable doubt.
In accordance with the founding contract, are we supposed to disassemble and put into effect a new governing body?  I realize this would result in chaos. 
If the makers of the law are them selves lawless and they are in power through fraud are we still bound to comply?  Does power flow from the barrel of a gun?
Can the lawless law makes be nullified if they are not held to their own laws?  They seem to be representatives in name only.
What I am trying to get at is, why is this happen being allowed?  What measures can be taken to correct this?  Legally it would seem that the people who are supposed to be the source of power for the governing have been marginalized and dis-empowered.  Short of physically taking back what is supposed to be ours, what unbiased legal remedy if any do we have?
Maybe someone can make more sense out of this than I,

Jury nullification is a valid tactic in a legal defense.  The problem comes when trying to convince the jury that, even though you did break the law, the law is itself illegal, immoral or should be ignored in this case due to circumstances.

If that fails, you can appeal to a higher court with the argument that the law is unconstitutional.  That's often easier in civil court than criminal court, but it's been done.

The problem with this is you have to be charged with the crime to have "standing" in order to contest the law.  John Doe can't walk in off the street and sue over the bad law -- he has no standing at that point.

However, in PA, a higher court has just ruled that gun owners can sue for gun laws that may be unconstitutional even if they haven't broken that law.  They concluded that an otherwise law abiding citizen need not intentionally break a law in order to sue over a constitutional right.  They are assumed to have standing in that the unconstitutional law prevents them from fully exercising their 2A rights.  That, in and of itself, provides standing.

This is a huge departure from previous rulings regarding standing.  While it isn't binding outside of PA, it may be challenged and find its way into the Supreme Court.  It can also be used as an existing precedent when attempting to sue for such laws elsewhere.

While the PA ruing is within the scope of Gun Rights Groups suing municipalities over enacting gun rules and regulations even though the PA state's preemption law prohibits this practice, it would be a short leap from that case to establishing standing for local laws enacted that violate the constitution.

One of the dumbest things that recently happened:  several states are seeing legal action against them for passing laws  prohibiting handgun ownership for 18-21 yr olds.  In TX, a complainant had a very good chance of having the age restriction overturned.  But, she "aged out" of the case, because she turned 21 before a decision was made.  She no longer had standing, so the case was dismissed.  If this PA case could be used as precedence, maybe she could have seen the case to the end.
« Last Edit: October 28, 2021, 08:29:00 PM by Flapp_Jackson »
Truth, when not sought after, rarely comes to light.  -- Oliver Wendell Holmes, Sr.

I need some new conspiracy theories. All my old ones turned out to be true.

Hamburger Helper only works if the hamburger really wants to be helped.

eyeeatingfish

Re: Broken contract
« Reply #2 on: October 28, 2021, 08:43:07 PM »
I don't really know how to approach this.  I have zero legal back ground.
If the person in charge has broken their oath and is not executing his duties as prescribed are we bound to comply?  If the representation as assembled does not really represent the will of their constituency are we bound to comply?  If we must be forced to comply does this make them illegitimate?  If they are illegitimate and we are not bound to comply what then would we do?  If fraud invalidates a contract, how are we still bound?  The evidence is on full display.  I would offer beyond a reasonable doubt.
In accordance with the founding contract, are we supposed to disassemble and put into effect a new governing body?  I realize this would result in chaos. 
If the makers of the law are them selves lawless and they are in power through fraud are we still bound to comply?  Does power flow from the barrel of a gun?
Can the lawless law makes be nullified if they are not held to their own laws?  They seem to be representatives in name only.
What I am trying to get at is, why is this happen being allowed?  What measures can be taken to correct this?  Legally it would seem that the people who are supposed to be the source of power for the governing have been marginalized and dis-empowered.  Short of physically taking back what is supposed to be ours, what unbiased legal remedy if any do we have?
Maybe someone can make more sense out of this than I,

A complicated topic but I want to add one tidbit I think is important to keep in mind. Any reaction one takes in a perceived violation of such a contract should be moderated by the severity and certainty of the contract violation. So for example lets say you think a cop is violating your rights and therefore their oath, do you knock them out and leave or do you appeal through other legal means? What happens if you choose the violence option and then it turns out your perception was wrong? Just something to consider when pondering answers to your questions.

Direjackalope

Re: Broken contract
« Reply #3 on: October 28, 2021, 10:30:14 PM »
Use the Groveler method of starving the beast of tax dollars.  Stuff like having a billing address for out of state if you have streaming subscriptions or pay for video games on steam so that you don't pay VAT here in HI.  Modern problems require modern solutions.

Direjackalope

Re: Broken contract
« Reply #4 on: October 28, 2021, 10:33:57 PM »
Likewise, if you don't plan to retire here consider pumping up your pre tax 401k.  That'll lower your tax burden here in Hawaii and you won't pay income tax on it until you withdraw, hopefully in a free state.  Buying expensive but compact items?  Buy that Rolex out of state.  Fuck em.

omnigun

Re: Broken contract
« Reply #5 on: October 30, 2021, 10:37:57 AM »
Use the Groveler method of starving the beast of tax dollars.  Stuff like having a billing address for out of state if you have streaming subscriptions or pay for video games on steam so that you don't pay VAT here in HI.  Modern problems require modern solutions.

I believe they call this tax evasion and not many people want to do illegal things and go to jail...

Inspector

Re: Broken contract
« Reply #6 on: October 30, 2021, 01:39:56 PM »
Likewise, if you don't plan to retire here consider pumping up your pre tax 401k.  That'll lower your tax burden here in Hawaii and you won't pay income tax on it until you withdraw, hopefully in a free state.  Buying expensive but compact items?  Buy that Rolex out of state.  Fuck em.
My original plans were to retire in Hawaii so I made sure I took full advantage of the tax, pre tax and retirement tax laws and regulations that were afforded to me. Hawaii is interesting in that they have the lowest or one of the lowest property tax rates in the US. So housing on the outer islands away from major cities means low cost properties with low property taxes. I bought a retirement home out in the country on the Big Island for this reason. Also, Hawaii doesn’t tax retirement income like Social Security and pensions and distributions from IRA’s. Plus they offer decent senior discounts on property tax values helping to lower your property taxes even further. Pumping up your pre tax 401k and IRA is always good idea no matter what state you want to retire in.

I ended up retiring in the free state of Arizona instead of Hawaii. It is costing me more because the property tax rates are higher and the housing prices are higher than what I paid for my house on the Big Island. Arizona does not tax retirement income either. But the cost of living is so much lower here it really helps me now that I am retired and living on a fixed income. So there are some good and bad points. Overall I think there are more positives than there are negatives.

Plus I get to carry every day!  :thumbsup:
SCIENCE THAT CAN’T BE QUESTIONED IS PROPAGANDA!!!

Direjackalope

Re: Broken contract
« Reply #7 on: October 30, 2021, 01:53:38 PM »
Love your work, Inspector!

Inspector

Re: Broken contract
« Reply #8 on: October 30, 2021, 02:02:26 PM »
Love your work, Inspector!
Thank you sir! I appreciate your comments as well. Especially the “Groveler Method”!!!  :thumbsup:

I know a bunch of people that share their Netflix logins and other streaming channel logins, etc. Over here it is not uncommon for people to live in another state such as CA and have a piece of cheap land here and register and insure their cars here instead of CA because of the price differences. They keep their gun collections here as well. Major purchases are made here. You do what you have to do to survive these days.
SCIENCE THAT CAN’T BE QUESTIONED IS PROPAGANDA!!!