Power of the People

To the Editor:

Mr. Albers (attorney), The Supreme Court’s judicial function is limited to offering opinions. They are granted zero authority to create exceptions to the law or act under color of law, as this would violate an individuals rights, and their procedural due process as codified in the Bill of Rights, period.

There can be no generalities or exceptions to the law, as the law is established as well as binding, otherwise we no longer have the law which results in precisely the creation of exceptions to that law. The “automobile exception” is a prime example. As you should be aware, there are supposed to be consequences as stated in Title 18, 242, of the United States code, “Whoever, under color of any law… subjects any person… to the deprivation of any rights… secured or protected by the Constitution or laws of the United States… shall be fined under this title or imprisoned… or both.”

The people, possessing unalienable/natural rights, not “privileges and immunities,” are the highest jurisdictional authority on the land as it was the people that delegated/granted some of their sovereign authority to bring into existence what was to be a very limited government that was never to co-mingle among the people as we administered the common law among ourselves within our common law courts, to settle disputes that would arise between us, as well as any government public servants which are to have their allegiance to the people. I believe statutory law is not binding on the people.

The people and those in the law profession would be wise to heed Jefferson’s admonition. “I know no safe depository of the ultimate powers of the society, but the people themselves: and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is, not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.”

Katie Hamborsky

West Point