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U.S. Constitution
See other U.S. Constitution Articles

Title: The Cops Are Sacking Their Own Cities
Source: Lew Rockwell
URL Source: http://www.lewrockwell.com/2014/12/ ... -are-sacking-their-own-cities/
Published: Dec 23, 2014
Author: Martin Armstrong
Post Date: 2014-12-23 05:46:27 by Deckard
Keywords: None
Views: 1491
Comments: 5

Philadelphia prosecutors agreed Thursday to halt efforts to seize the homes of two of the lead plaintiffs in a widely publicized federal suit challenging the city’s use of civil forfeiture laws in drug cases.

Philadelphia drops a Civil Asset Forfeiture case to prevent any court from ruling just seizing people’s property is unconstitutional. Phily.COM has reported the case of Christos Sourovelis and Doila Welch,who were both caught up in having their homes seized to pay police pensions when the police arrested a relative they claimed was dealing drugs on their properties. Today, you basically have to shun relatives and never pick up a hick-hiker in trouble for if they have any drugs, even marijuana, there goes your assets.

The prosecutors, only after these people has money for lawyers and the press got involved, moved for dismissal in Common Pleas Court. The prosecutor agreed to drop the cases against properties as long as both owners took “reasonable measures” to ensure no further drug crimes occurred there.

Here is the entire problem. Only the rich can win for it is your burden to fork-over huge legal fees. If you do not have the money for lawyers, there goes your property. This is what is desperately wrong in America. Any law passed becomes your burden to prove it is unconstitutional. They can actually pass the ancient right of kings under the Common Law since there is precedent known as Prima Noctum – first night.

The governor, mayor, county freeholder, whoever, could “legally” claim the right to spend the first night in bed with any women getting married in their district. It would then become your burden to say –NO. That is uncivilized. There is ABSOLUTELY nothing as it now stands for them to pass such a law. It is then the public’s burden to say no way and fight. This is seriously wrong within out legal system.

This allows police to kill people randomly or to pull every person over on their way to work to see if they have all their identification. Whatever they do is OK because they do not FIRST have to go to some constitutional court and ask – is this law justified? Consequently, only the rich can defend the constitution. All others can pray – that’s about it.

This is the final stage of the collapse of the Roman Empire. When the state runs out of money, it historically attacks the people. In Rome, whole armies began sacking their own cities to get paid. The police are doing just that. Whatever they can confiscate goes to funding their own pensions. This is a national problem that will only get much worse going into 2020. We have NOBODY in Washington representing the people any more. It is all about them v the people. This is why we will see a rise in third-party activity for 2016.

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Begin Trace Mode for Comment # 5.

#5. To: Deckard, Liberator (#0)

Here is the entire problem. Only the rich can win for it is your burden to fork-over huge legal fees. If you do not have the money for lawyers, there goes your property. This is what is desperately wrong in America. Any law passed becomes your burden to prove it is unconstitutional. They can actually pass the ancient right of kings under the Common Law since there is precedent known as Prima Noctum – first night.

The governor, mayor, county freeholder, whoever, could “legally” claim the right to spend the first night in bed with any women getting married in their district. It would then become your burden to say –NO. That is uncivilized. There is ABSOLUTELY nothing as it now stands for them to pass such a law. It is then the public’s burden to say no way and fight. This is seriously wrong within out legal system.

https://supreme.justia.com/cases/federal/us/304/64/

U.S. Supreme Court

Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)

Erie Railroad Co. v. Tompkins

No. 367

Argued January 31, 1938

Decided April 25, 1938

304 U.S. 64

Syllabus

1. The liability of a railroad company for injury caused by negligent operation of its train to a pedestrian on a much-used, beaten path on its right-of-way along and near the rails depends, in the absence of a federal or state statute, upon the unwritten law of the State where the accident occurred. Pp. 304 U. S. 71et seq.

2. A federal court exercising jurisdiction over such a case on the ground of diversity of citizenship, is not free to treat this question as one of so-called "general law," but must apply the state law as declared by the highest state court. Swift v. Tyson, 16 Pet. 1, overruled. Id.

3. There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a State whether they be local in their nature or "general," whether they be commercial law or a part of the law of torts. And no clause in the Constitution purports to confer such a power upon the federal courts. Except in matters governed by the Federal Constitution or by Acts of Congress, the law to be applied in any case is the law of the State. And whether the law of the State shall be declared by its legislature in a statute or by its highest court in a decision is not a matter of federal concern. P. 304 U. S. 78.

4. In disapproving the doctrine of Swift v. Tyson, the Court does not hold unconstitutional § 34 of the Federal Judiciary Act of 1789 or any other Act of Congress. It merely declares that, by applying the doctrine of that case, rights which are reserved by the Constitution to the several States have been invaded. P. 304 U. S. 79.

90 F.2d 603, reversed.

[...]

3. There is no federal general common law.

* * *

Whatever difficulties there may be in ascertaining the pertinent Pennsylvania law or in fixing the extent to which the federal courts are bound to recognize the pertinent decisions of the Pennsylvania courts, it is settled beyond question that it is the Pennsylvania law which the federal courts, quite as truly as the state courts, are bound to ascertain and apply. There is no such thing as a federal common law applicable in such cases. Bucher v. Cheshire Railroad Co., 125 U.S. 555, 583-584; Smith v. Alabama, 124 U.S. 465, 478-479. See also Carroll County v. Smith, 111 U.S. 556, 563; McGuire v. Sherwin-Williams Co., 87 F.2d 112; Boston & Maine R. v. Breslin, 80 F.2d 749, (cert. denied, 297 U.S. 715); Moore v. Backus, 78 F.2d 571, (cert. denied, 296 U.S. 640); Reed & Barton Corp. v. Maas, 73 F.2d 359; Public Service Ry. Co. v. Wursthorn, 278 F. 408, (cert. denied, 259 U.S. 585); Keystone Wood Co. v. Susquehanna Boom Co., 240 F. 296, (cert. denied, 243 U.S. 655); Snare & Triest Co. v. Friedman, 169 F. 1, 11, (cert. denied, 214 U.S. 518).

[...]

"The laws of the several States, except where the Constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they apply."

nolu chan  posted on  2014-12-23   20:02:07 ET  Reply   Untrace   Trace   Private Reply  


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