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Articles Written by Richard James, McDonald
Richard James, McDonald Law Lectures
Transcript of a Seminar on state Citizenship by Richard James, McDonald
FREE Download- Bouvier's Law Dictionary, 1856
FREE Download - Black's Law Dictionary, 2nd Edition, 1891
   FREE Download:  Hornbook Series - Handbook of  Elementary Law, 1939
("They" don't want you to know about this!)
  California Code of Regulations
(Regs Imposed On State Agencies)

  Other State Administrative Regulations

   Banking and Currency and the Money Trust
by Minesota Congressman Charles A. Lindbergh Sr
Constitution Law & Criminal Procedure

If you download nothing else from this site download and read the following which should  be required reading beginning in every middle school in this country:


Thomas Jefferson
"A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate."
Thomas Jefferson:  Rights of British America, 1774. ME 1:209, Papers 1:134

"Natural rights [are] the objects for the protection of which society is formed and municipal laws established."
Thomas Jefferson to James Monroe, 1797. ME 9:422
Civil Rights Act of April 9, 1866 (Granted "Civil Rights" to "Persons") 
for the United States
The Annotated Constitution

The Roots of the Constitution
Reference and Source Material re the Constitution

Declaration of Independence (Original caps)
Declaration of the Rights of Man and of the Citizen - Approved by the National Assembly of France, August 26, 1789 (Jefferson was heavily influenced by this document)
Documentary History of the Bill of Rights
Declaration of Human Rights, December 1948
The Law - by Frederick Bastiat
Common Sense, by Thomas Paine
Give Me Liberty or Give Me Death, by Patrick Henry, March 23, 1775
Jefferson Quotes - Inalienable Rights
The Writings of George Washington - from the Original Manuscript Sources
James Madison Archives
Journals of the Continental Congress
Right of Private Property - Executive Order D - 79 - 89 - Issued by Cal Governor George Dukemejian
The Levellers
The Law of Nations or the Principles of Natural Law (1758) -
Emmerich de Vattel

[3] The fact the restraint on Ms. Spicer's liberty was minimal does not make the restraint a reasonable one.  The Fourth Amendment applies to all seizures of the person including those consuming no more than a minute. (United States v. Brignoni-Ponce, supra, 422 U.S. at pp. 879-880 [45 L.Ed.2d at pp. 615-616].)
PEOPLE v. SPICER, 157 Cal.App.3d 213
[Crim. No. 45072. Court of Appeals of California, Second Appellate District, Division Seven. June 15, 1984.]

CALIFORNIA v. HODARI D., 499 U.S. 621 (1991)
FLORIDA v. BOSTICK, 501 U.S. 429 (1991)
HORTON v. CALIFORNIA, 496 U.S. 128 (1990)
ALABAMA v. WHITE, 496 U.S. 325 (1990)
UNITED STATES v. SOKOLOW, 490 U.S. 1 (1989)
UNITED STATES v. HENSLEY, 469 U.S. 221 (1985)
MICHIGAN v. LONG, 463 U.S. 1032 (1983)
FLORIDA v. ROYER, 460 U.S. 491 (1983)
UNITED STATES v. CORTEZ, 449 U.S. 411 (1981)
ROBBINS v. CALIFORNIA, 453 U.S. 420 (1981)
REID v. GEORGIA, 448 U.S. 438 (1980)
UNITED STATES v. MENDENHALL, 446 U.S. 544 (1980)
DELAWARE v. PROUSE, 440 U.S. 648 (1979)
Brown v. Texas, 443 U.S. 47 (1979)
SOUTH DAKOTA v. OPPERMAN, 428 U.S. 364 (1976)
U.S. v. Brignoni-Ponce, 422 U.S. 873, 878 (1975)
Davis v. Mississippi, 394 U.S. 721 (1969)
Terry v. OHIO, 392 U.S. 1 (1968)
SIBRON v. NEW YORK, 392 U.S. 40 (1968)
OLMSTEAD v. U.S., 277 U.S. 438 (1928)
Hale v. Henkel, 201 U.S. 43 (1906)
Boyd v. U.S., 116 U.S. 616 (1886)

United States Code  (USC)
Code of Federal Regulations  (CFR)

Federal Rules of Evidence
American Jurisprudence 2d (selected sections)
Robert's Rules of Order
West's Encyclopedia of American Law (127 megs)

"The United States and the State of California are two separate sovereignties, each dominant in its own sphere."
Redding v. Los Angeles (1947), 81 C.A.2d 888, 185 P.2d 430.

“That there is a citizenship of the United States and citizenship of a state,...”
Tashiro v. Jordan, 201 Cal. 236 (1927)

Thus in [13 Cal.3d 551] determining that California citizens are entitled to greater protection under the California Constitution against unreasonable searches and seizures than that required by the United States Constitution, we are embarking on no revolutionary course. Rather we are simply reaffirming a basic principle of federalism -- that the nation as a whole is composed of distinct geographical and political entities bound together by a fundamental federal law but nonetheless independently responsible for safeguarding the rights of their citizens.

The ultimate confirmation of our conclusion occurred, finally, when the people adopted article I, section 24, of the California Constitution at the November 1974 election, declaring that "Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution."
People v. Brisendine, 13 Cal.3d 528
[Crim. No. 16520. Supreme Court of California. February 20, 1975.]


100. (a) The sovereignty of the state resides in the people thereof, and all writs and processes shall issue in their name.
           (b) The style of all process shall be "The People of the State of California," and all prosecutions shall be conducted in their name and by their authority.             

11120. It is the public policy of this state that public agencies exist to aid in the conduct of the people's business and the proceedings of public agencies be conducted openly so that the public may remain informed.

In enacting this article the Legislature finds and declares that it is the intent of the law that actions of state agencies be taken openly and that their deliberation be conducted openly.

The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

This article shall be known and may be cited as the Bagley-Keene Open Meeting Act.

54950 DECLARATION OF LEGISLATIVE PURPOSE.   “In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business.  It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.  The people insist on remaining informed so that they may retain control over the instruments they have created”. 

"[T]he Legislature, either by amending (section 1382) or otherwise, may not nullify a constitutional provision."  
Rost v. Municipal Court of Southern Judicial Dist., County of San Mateo (1960) 85 A.L.R.2d 974, 979 Headnote 5.

 B.  Constitution of California

 2.  ['51]  Restrictive and Enabling Provisions

(a) Restrictions on State Powers.  The California Constitution, like other state constitutions, is generally a restriction upon the powers of the state.
Summary of California Law, vol 7, Constitutional Law, p. 9

Constitution of the State of California, 1849
Are you one of the "People" or a "Person"?

Although recognizing the authority of this court to construe the California Constitution to provide protection beyond that afforded by parallel provisions of the federal document, we nevertheless find the reasoning of Crews persuasive and consistent with past California decisions; we therefore adopt Crews as defining the rights of the parties under the California Constitution.
People v. Teresinski, 30 Cal.3d 822
[Crim. No. 20497. Supreme Court of California. February 18, 1982.] offers free access to California Appellate and Supreme Court decisions dating to 1934, like the above cases People v. Spicer  &  People v. Teresinski for example.  This is a tremendous resource for those interested in all topics related to our rights.  To review or download cases of the Appellate and Supreme Court of California simply click here.

Constitution of the State of California, 1849
Article I, Sec. 10.

The people shall have the right freely to assemble together,...

It is settled that the streets of a city belong to the people of a state and the use thereof is an inalienable right of every citizen of the state.
Whyte v. City of Sacramento, 65 Cal. App. 534, 547, 224 Pac. 1008, 1013 (1924); 
Escobedo v. State Dept. of Motor Vehicles, 222 Pac.2d 1, 5, 35 Cal.2d 870 (1950).

 The occupation of a chauffeur is one calling for regulation and therefore permitting a regulatory license tax.
 [Ed. Note. -For other cases, see licenses, Cent. Dig 4, 19; dec. Dig. 5*]
Dividing, as does St. 1913, p. 639, drivers of automobiles into two classes, one professional chauffeurs, and requiring them to obtain a license, and pay an annual fee of $2, the other embracing all others, who are not required to secure a license or pay a license fee, is sound classification and not arbitrary, so as to constitute special legislation.
Ex parte Stork
Feb. 24, 1914), 167 Cal. 294


"As indicated by it title, the act was designed to impose a license tax upon those engaged in the business of operating motor vehicles upon the public highways for the transportation of persons or property for compensation.  Section 1 defines certain words and phrases employed in the act.  The term 'operator' is declared generally to include all persons, firms, associations, and corporations who operate motor vehicles upon any public highway in the state and thereby engage in the transportation of persons or property for hire or compensation.  The term 'motor vehicles' is defined to mean and include all vehicles, automobiles, trucks, or trailers operated upon or over the public highways of this state whether the same be propelled or operated by steam or electricity or propelled or operated by combustion of gasoline, distillate, or other volatile and inflammable liquid fuels. ...

"Section 2 of the act provides: 'Each operator of a motor vehicle within this state who transports or desires to transport for compensation or hire persons or property upon or over any public highway within this state shall apply to and secure from the board of equalization of the State of California a license to operate each and all of the motor vehicles which such operator desires to operate or which such operator from time to time may operate.' 

It is provided in Section 7 that any operator using the public highways of the state for the transportation of persons or property for hire, either as a public or private carrier without first obtaining the license ... is guilty of a misdemeanor ..."
Bacon Service Corporation v. Huss (1926) 199 Cal. 21, 26 - 27.

“The activity licensed by state DMVs and in connection with which individuals must submit personal information to the DMV - the operation of motor vehicles - is itself integrally related to interstate commerce”.
Seth Waxman, Solicitor General
U.S. Department of Justice
Reno v. Condon, No. 98-1464, decided January 12, 2000
Supreme Court of the United States

Sec. 31. Definitions
When used in this chapter the term -
''Motor vehicle'' means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo;
California Vehicle Code

15210 (p) (7)  In the absence of a federal definition, existing definitions
under this code shall apply.

California Public Utilities Code

208.  "Transportation of persons" includes every service in
connection with or incidental to the safety, comfort, or
convenience of the person transported and the receipt,
carriage, and delivery of such person and his baggage.

209.  "Transportation of property" includes every service in
connection with or incidental to the transportation of property,
including in particular its receipt, delivery, elevation, transfer,
switching, carriage, ventilation, refrigeration, icing, dunnage, storage,
and handling, and the transmission of credit by expresscorporations.

Traffic/DMV Issues
BLASHFIELD'S AUTOMOBILE LAW AND PRACTICE (selected sections re "Classifcation")
Blashfield's Automobile Law And Practice (selected sections re "License")
California Procedure (
Selected Sections)
California Jurisprudence (selected sections)
Codes of California
California Code Of Judicial Ethics
  California Attorney General Opinions
  California Code of Regulations 

Police officers are members of the Executive branch
of government. they are Executive officers


Article XI:  Miscellaneous Provisions

Sec. 3.      Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall before they enter on the duties of their  respective offices, take and subscribe the following oath or  affirmation:

"I do  solemnly swear  (or affirm,  as the case may be) that I  will support  the constitution  of  the  United States,  and   the  Constitution   of  the  State of California;   and that  I will faithfully discharge the duties of the office of ------ according to the best of my ability."

"We thus require citizens to apprise themselves not only of statutory language but also of legislative history ... and underlying legislative purposes [citation]. [Citation.]" (Ibid.)
People v. Morse (1993) 21 Cal.App.4th 259 , 25 Cal.Rptr.2d 816
[Nos. A058935, A060033. First Dist., Div. Three. Dec 22, 1993.]

"Everyone is presumed to know the law" (Boehm v. Spreckels, 183 Cal. 239, 245 [191 P. 5]), ..."
People ex rel. Mosk v. Lynam , 253 Cal.App.2d 959
[Civ. No. 31452. Second Dist., Div. One. Aug. 29, 1967.]

The "United States" is a Corporation
"A citizen of the United States is a citizen of the federal government ..."
Kitchens v. Steele, 112 F.Supp 383

(15)     “United States” means -

    (A)    a  Federal corporation:

* United States Code, Title 28 - Judicial and Judiciary Procedure, 3002. Definitions, (15)(A),  p. 564

* UNITED STATES CODE, TITLE 28, PART VI, CHAPTER 176,  SUB CHAPTER A,  Sec. 3002.  Definitions (15) ''United States'' means -

    (A) a Federal corporation;
    (B) an agency, department, commission, board, or other entity of the United States; or
    (C) an instrumentality of the United States

(* USC Title 26 is the location of the laws related to federal income tax.)

SECTION 9301- 9342

     9307.  (h) The United States is located in the District of Columbia.

The “Conspiracy Theory” of the Fourteenth Amendment, Yale Law Journal 371 - 375 (1938)

The privileges and immunities clause of the Fourteenth Amendment protects very few rights because it neither incorporates any of the Bill of Rights nor protects all rights of individual citizens.  See Slaughter-House Cases, 83 U.S. (16 Wall.) 36, 21 L.Ed. 394 (1873).  Instead, this provision protects only those rights peculiar to being a citizen of the federal government; it does not protect those rights which relate to state citizenship.
Jones v. Temmer, 829 Fed. Supp. 1226 (1993)

U.S. Supreme Court Opinions - decisions since 1893, free to view and download
Supreme Court Decisions re Distinctions Between state and US citizenship
Ninth Circuit Opinions  -  free to view and download

Repositories for Source Material


The Avalon Project at the Yale Law School (this is an incredible collection)
LONANG Library
The Constitution Society
Medieval Legal Sourcebook — Collection of documents and links at Fordham University.
Primary Source Documents Pertaining to Early American History

The American Passport - 31.3 megs

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