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How Clear Can Law Be?
We all know what the term, Supreme Law of the Land, means. Well, every one of the fifty states have a supreme law of the state, which is its Constitution, to which every state official is bound by an Oath of Office. The California State Constitution sets forth in Article I, Sec. 25, “The People shall have the right to fish upon and from the public lands of the State and in the waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the State shall ever be sold or transferred without reserving in the People the absolute right to fish thereupon; and no law shall ever be passed making it a crime for the People to enter upon the public lands within this State for the purpose of fishing in any water containing fish …”
Nonetheless, a criminal complaint is proceeding within the Tehama County Superior Court, California, seeking prosecution of Don Bird for executing his constitutional right of fishing upon the open waters of California. Below is his argument in his defense;
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Fish & Wildlife Finally Hooked
I have a mandatory appointment with the Tehama County Superior Court September 23, 2013 at 1:30 PM. My “Fishing Without A License” citation (so called infraction) will be my showcase Declaration of Three of our Constitutional Rights. The following Quotes should enlighten the Judge to dismiss this citation because my plea will be “Innocent” until Proven Guilty.
“The state cannot diminish rights of the people” And in Bennett v. Boggs, 1 Baldw 60,
“Statutes that violate the plain and obvious principles of common right and common reason are null and void.”
Would we not say that these judicial decisions are straight to the point – that there is no lawful method for government to put restrictions or limitations on rights belonging to the people? Other cases are even more straight forward:
“The assertion of Federal Rights, when plainly and reasonably made, is not to be defeated under name of local practice.” Davis v. Wechsler, 263 US 22, at 24
“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda v. Arizona, 384 US 436, 491.