Judicial Notice of Fundamental Law Errors and Wish for Dismissal in the Interest of Justice
Please take notice that we the People (as seen in the 50 State Constitutions) do present you with the fundamental maxims of law that you may immediately provide due care in the interest of justice, regarding defendants Harrison Floyd and Trevian Kutti;
Please take notice that the Georgia State Constitution and Federal Constitution, guarantee as a right of the People, the behavior and conduct that defendants were involved in, which is petitioning and regulating government servants (See evidence below):
Georgia Constitution Bill of Rights Section 2 Text of Paragraph II: Object of Government
The people of this state have the inherent right of regulating their internal government. Government is instituted for the protection, security, and benefit of the people; and at all times they have the right to alter or reform the same whenever the public good may require it. (Highlight added for emphasis)
Please take notice that the People, have a right to regulate their internal government and have the guaranteed right to investigate, scrutinize, and make certain not only that an election isn’t stolen, but that it is administered in the manner prescribed by law. If an election wasn’t conducted or administered lawfully and correctly, John Locke, in his “Two Treatises of Government,” declares that the whole election is invalidated and therefore, no government is able to interfere with the inherent rights and remedies (please see evidence below):
John Locke in "Two Treatises of Government" Dissolution of Government Section 216
216. Thirdly, when, by the arbitrary power of the prince, the electors or ways of election are altered without the consent and contrary to the common interest of the people, there also the legislative is altered. For if others than those whom the society hath authorised thereunto do choose, or in another way than what the society hath prescribed, those chosen are not the legislative appointed by the people.
Please take notice that the People have a right to consult together for the common good, monitor, and instruct public servants, and to receive assistance from others in America to better understand how to correct their servants, who must show that they have carried out all elections in the ways prescribed by the People, or those proceedings become null and void. (See evidence below):
Maxim: Where the law prescribes a form, the non observance of it is fatal to the proceeding, and the whole becomes a nullity.
Maxim: Where form is not observed, a nullity of the act is inferred or follows. 12 Coke
United States Constitution Bill of Rights Amendment I:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. (Highlight for emphasis)
Please take notice that the People have a right to peacefully assemble, consult for their common good, and also to petition the government for redress of grievances. This is not an act of R.I.C.O., but a set of actions that are enshrined within the protection of constitutions nationwide, and rights antecedent to government. Furthermore, due process of law (see attached definition from Black’s Law 5th Edition) speaks of maxims which are settled. As one of the People assembled, it is recognized that this case is not based on the common law, with an independent tribunal as seen in Black’s Law 4th Edition, and the People realize that Ms. Willis has been allowed to misappropriate the People’s money in a way that is full of potential malfeasance and maladministration.
Black’s Law Dictionary 4th Edition
COURT. Courts of record and courts not of record. The former being those whose acts and judicial proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which have power to fine or imprison for contempt. Error lies to their judgments, and they generally possess a seal. Courts not of record are those of inferior dignity, which have no power to fine or imprison, and in which the proceedings are not enrolled or recorded. 3 Bl. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte Thistleton, 52 Cal. 225; Erwin v. U. S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. Davis, 96 Ohio St. 205, 117 N.E. 229, 231. A "court of record" is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a perpetual memorial. Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229; Ex parte Gladhill, 8 Metc., Mass., 171, per Shaw, C. J. See, also, Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689.
John Locke in “Two Treatises of Government" Dissolution of Government Section 220”
220. In these, and the like cases, when the government is dissolved, the people are at liberty to provide for themselves by erecting a new legislative differing from the other by the change of persons, or form, or both, as they shall find it most for their safety and good. For the society can never, by the fault of another, lose the native and original right it has to preserve itself, which can only be done by a settled legislative and a fair and impartial execution of the laws made by it. But the state of mankind is not so miserable that they are not capable of using this remedy till it be too late to look for any. To tell people they may provide for themselves by erecting a new legislative, when, by oppression, artifice, or being delivered over to a foreign power, their old one is gone, is only to tell them they may expect relief when it is too late, and the evil is past cure. This is, in effect, no more than to bid them first be slaves, and then to take care of their liberty, and, when their chains are on, tell them they may act like free men. This, if barely so, is rather mockery than relief, and men can never be secure from tyranny if there be no means to escape it till they are perfectly under it; and, therefore, it is that they have not only a right to get out of it, but to prevent it.
Please take notice that since the People have a guaranteed right to make certain that their servants are executing their duties in strict adherence to and observance of the law as written, and have the inherent right to change persons or forms when in danger of maladministration, how can a servant, Ms. Willis, as a Trustee, go after the People without proper safeguards as declared in the maxims?
Georgia Constitution Bill of Rights Section 2 Text of Paragraph I: Origin and Foundation of Government
All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people and are at all times amenable to them. (Highlight added for emphasis)
Please take notice that public officials in Georgia, swear by oath, that they are to be amenable to the People at all times. Therefore, when one of the People have concerns with the process officials use in elections, they have a right to consult with other People, and are free to investigate in order to hold their servants accountable. The idea that the government perceives giving ballot information or anything else requested regarding the People's business as burdensome or not a fundamental right of the People, directly contradicts the government servants oath of being amenable to the People. The notion that the government can charge one of the People for exercising the right of Petition and redress is an attack on the fundamental rights of the People.
Georgia Constitution Bill of Rights Section 1 Text of Paragraph IX: Right to Assemble and Petition
The people have the right to assemble peaceably for their common good and to apply by petition or remonstrance to those vested with the powers of government for redress of grievances.
It is therefore my wish as one of the People that all take notice of the fundamental law and errors that are being exemplified in the case against the above mentioned People and that this case be immediately dismissed in the interest of justice.
ATTACHMENT
Black's Law Dictionary 5th Edition
Due process of law. Law in its regular course of administration through courts of justice. Due process of law in each particular case means such an exercise of the powers of the government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs. A course of legal proceedings according to those rules and principles which have been established in our systems of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity, there must be a tribunal competent by its constitution-that is, by the law of its creation-to pass upon the subject-matter of the suit; and, if that involves merely a determination of the personal liability of the defendant, he must be brought within its jurisdiction by service of process within the state, or his voluntary appearance. Pennoyer v. Neff, 95 U.S. 733, 24 L.Ed. 565. Due process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law.
An orderly proceeding wherein a person is served with notice, actual or constructive, and has an opportunity to be heard and to enforce and protect his rights before a court having power to hear and determine the case. Kazubowski v. Kazubowski, 45 Ill.2d 405, 259 N.E.2d 282, 290. Phrase means that no person shall be deprived of life, liberty, property or of any right granted him by statute, unless matter involved first shall have been adjudicated against him upon trial conducted according to established rules regulating judicial proceedings, and it forbids condemnation without a hearing. Pettit v. Penn, La. App., 1 80 So.2d 66, 69. The concept of "due process of law" as it is embodied in Fifth Amendment demands that a law shall not be unreasonable, arbitrary, or capricious and that the means selected shall have a reasonable and substantial relation to the object being sought. U. S. v. Smith, D.C.Iowa, 249 F.Supp. 5 1 5, 5 1 6. Fundamental requisite of "due process" is the opportunity to be heard, to be aware that a matter is pending, to make an informed choice whether to acquiesce or contest, and to assert before the appropriate decision-making body the reasons for such choice. Trinity Episcopal Corp. v. Romney, D.C.N.Y., 387 F.Supp. 1044, 1 084. Aside from all else, "due process" means fundamental fairness. Pinkerton v. Farr, W.Va., 220 S.E.2d 682, 687.
The essential elements of due process of law are notice and opportunity to be heard and to defend in orderly proceeding adapted to nature of case, and the guarantee of due process requires that every man have protection of day in court and benefit of general law. Di Maio v. Reid, 1 32 N.J.L. 1 7, 37 A.2d 829, 830. Daniel Webster defined this phrase to mean a law which hears before it condemns, which proceeds on inquiry and renders judgment only after trial. Wichita Council No. 120 of Security Ben. Ass'n v. Security Ben. Assn., 138 Kan. 84 1 , 28 P.2d 976, 980; J. B. Barnes Drilling Co. v. Phillips, 166 Okl. 1 54, 26 P.2d 766. This constitutional guaranty demands only that law shall not be unreasonable, arbitrary, or capricious, and that means selected shall have real and substantial relation to object. Nebbia v. People of State of New York, N. Y., 29 1 U.S. 502, 54 S.Ct. 505, 78 L.Ed. 940; North American Co. v. Securities & Exchange Commission, C.C.A.2, 133 F.2d 148, 154.