SUPREME COURT OF THE STATE
OF LOUISIANA
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No. 2007 - KH - 866
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MICHAEL
E. DI ROSA
VS
DEPARTMENT
OF PUBLIC SAFETYAND CORRECTIONS
“a body corporate
with the power to sue and be sued “(La R.S Chapter 9 §
401 A)
Case Number F1681551
on the Docket of
First Parish Court Parish
of Jefferson
State of Louisiana
Joseph
Responti presiding
MOTION FOR ADJUDGMENT ON
THE UNCONTESTED FACTS THAT
ARTICLE VII SECTION 5 OF
THE LOUISIANA STATE CONSTITUTION
IS UNCONSTITUTIONAL AND
NULL AND VOID FROM ITS INCEPTION
AND
THE ADJUDGMENT THAT THE
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
BE DISSOLVED AS ILLEGALLY
INSTITUTED CONTRARY TO THE
LOUISIANA STATE
CONSTITUTION.
Comes
now into court Michael E. DiRosa, a Citizen of the State of Louisiana
for the purpose of demanding summary judgment on the undisputed
facts that Article VII Section 5 of the Louisiana State Constitution
entitled “Motor Vehicle License Tax” is unconstitutional
and null and void from its inception and the Department of Public
Safety and Corrections is illegally instituted in violation of
Article III Section
12(A)(7) of the Louisiana State Constitution.
There
can be no doubt that the Governor of the State of Louisiana, Kathleen
Babineaux Blanco, has been fully aware of this challenge to the State
Constitution and the claimed illegal activity of her servant and
appointee, Richard L. Stalder, Secretary of the Department of Public
Safety and Corrections. Nor can there be any doubt that she is aware
of the challenge to the legality of the Department of Public Safety
and Corrections, alias of the State. Yet despite the knowledge of
these actions she has remained silent.
There
can be no doubt that the Attorney General of the State of Louisiana,
Charles C. Foti, Jr., has been fully aware of this challenge to the
State Constitution and the claimed illegal activity of Richard L.
Stalder, Secretary of the Department of Public Safety and
Corrections. Yet despite the knowledge of these actions he has
remained silent.
Is this
not his job?
“As necessary for the assertion or protection of any right or
interest of the state, the attorney general shall have authority (1)
to institute, prosecute, or intervene in any civil action or
proceeding; (2) upon the written request of a district attorney, to
advise and assist in the prosecution of any criminal case; and (3)
for cause, when authorized by the court which would have original
jurisdiction and subject to judicial review, (a) to institute,
prosecute, or intervene in any criminal action or proceeding, or (b)
to supersede any attorney representing the state in any civil or
criminal action.” Article IV Section 8 of the Louisiana State
Constitution.
There
can be no doubt that Richard L. Stalder, Secretary of the Department
of Public Safety and Corrections has been fully aware of this
challenge to the State Constitution and the claimed illegal theft of
my vehicle and the personal property contained therein. Yet despite
the knowledge of these actions he has remained silent.
This had
me perplexed. I began to wonder and dig. Curiously, what I found
has been beyond my wildest imagination. What a tangled web we did
weave. It would seem that the Governor of the State of Louisiana,
the Attorney General and the secretary of the Department of Public
Safety and Corrections have a problem with standing in the Supreme
Court of the State of Louisiana as citizens of another state.
Article
IV Section 2 of the Louisiana State Constitution entitled
“Qualifications” does state:
“To be eligible for any statewide elective office, a person, by
the date of his qualification as a candidate, shall have attained the
age of twenty-five years, be an elector, and have been a citizen of
the United States and of this state for at least the preceding five
years. “ Article IV Section 2 of the Louisiana State
Constitution
So in
order “to be eligible for any statewide elective office”
one must “have been a citizen of the United States and of this
state for at least the preceding five years.” According to the
Slaughterhouse Cases there is a citizenship of the United States, and
a citizenship of a State, which are distinct from each other .
“It is quite clear, then, that there is a citizenship of the
United States, and a citizenship of a State, which are distinct from
each other, and which depend upon different characteristics or
circumstances in the individual.” Slaughterhouse Cases 83 U.S.
36
If there
is a citizenship of the United States, and a citizenship of a State,
which are distinct from each other, then when Article IV Section 2
does mention “a citizen of the United States and of this
state.” to which state is it referring? It is a little
remarkable, if this clause was intended to refer to the State of
Louisiana, that any reference to Louisiana is carefully avoided. One
can not be both a citizen of the United States and a Citizen of the
State of Louisiana, which are distinct from each other, hence, no one
would be eligible. It is too clear for argument that the phraseology
was adopted understandingly and, with a purpose.
To
follow this logic it can not be denied that a Citizen of the State of
Louisiana can not hold any statewide elective office. These offices
can only be held by a citizen of another state, a citizen of the
United States, that has resided in the territories for at least the
preceding five years. Does a citizen of another state, and a mere
territorial citizen, have standing to defend the Louisiana State
Constitution in the Louisiana Supreme Court? There will be no
rebuttal to my challenge to the legality of Article VII Section 5 of
the Louisiana State Constitution and the Department of Public Safety
and Corrections.
Even if
standing could be proved, what possible defense could there be.
There can be no doubt that the admiralty lien was illegally claimed,
by bill of credit, for the sole purpose of alienating my unalienable
right to pursuit of happiness by depriving me of the right to own any
vehicle (including bicycle and ridden animal) and travel in pursuit
of happiness. It did also turn all Citizens of the State into bond
servants. A entity was created by granting
to a private corporation, association, or individual any special or
exclusive right, privilege, or immunity in
violation of Article III Section 12(A)(7) of the Louisiana
Constitution. An entity with such heinous power that the mind
boggles to try to find one apt descriptor. Feudal lord of travel,
tyrant and overseer of the State's plantation and slaves are all apt
descriptions. This feudal lord of travel did unleash hordes of
officers to eat out our substance. This tyrant did force citizens
into service for a term of years not only to itself, but also to any
corporation in the insurance industry or be confined in a walking
distance prison and denied escape by evacuation from an impending
disaster. What defense could there be? I defy any one to even
postulate a possible defense.
I do, again, remind this court that the Department of
Public Safety and Corrections is still illegally holding my vehicle,
and the personal property contained therein, for ransom. The owner
of DC Towing, the last known location of the illegally seized vehicle
has informed me that he can easily acquire title to my vehicle and
dispose of it. It is a classic vehicle and impossible to replace.
I do, again, remind this court that my emergency
evacuation vehicle has been illegally taken and is being held for
ransom. We are in hurricane season. Am I to be left to die in the
city with no means of escape?
I do, again, remind this court that I have been and am
currently imprisoned in this walking distance prison and have been so
imprisoned since December 21, 2006. Forbidden, under penalty of
arrest and further torture and loss of rights should I be discovered
operating a vehicle. I am only allowed to leave my prison if I am
accompanied by a slave / bond servant of the tyrant and the insurance
industry.
I do, again, remind this court that every day the
tyrant and his minions are stealing the emergency evacuation vehicle
of citizens. Every day the feudal lord of travel is illegally
imposing fines and penalties for infractions of its arbitrary rules
(remember motorcycle helmets) absent any right to do so.
There can be no doubt that this State Citizen has been
and still is in imminent peril of irreparable harm by loss of life,
property and freedom. Nor can there be no doubt that other citizens
are also in imminent peril of irreparable harm by loss of life,
property and freedom.
There can be no doubt that Article VII Section 5 of the
Louisiana State Constitution entitled “Motor Vehicle License
Tax” is unconstitutional. There can be no doubt that the
Department of Public Safety and Corrections has been illegally
instituted as tyrant and oppressor of citizens.
There is no record to call on this matter. There is no
legitimate defender of the State Constitution with standing in this
court to await reply. In fact there is no one to certify as served.
Only the Attorney General could have responded and he has chosen to
remain silent despite repeated notices. This court has no
alternative but to declare Article VII Section 5 of the Louisiana
State Constitution entitled “Motor Vehicle License Tax”
as unconstitutional. The Court has no alternative but to declare the
Department of Public Safety and Corrections as illegally instituted.
There can be no reason for delay and further injure this State
Citizen and allow other citizens to be injured. With this in mind I
do demand summary judgment.
I
do hereby swear that the above is true and correct to the best of my
knowledge this 21st day of May, 2007
_________________________________
Michael E. DiRosa
C/O
318 Lakeshore Pkwy.
New
Orleans, Louisiana 70124
XXX – XXX – XXXX
CERTIFICATE OF SERVICE
I, Michael E. DiRosa, do hereby certify that I do not
believe that there is anyone to serve. If this position is in err I
do demand that I be informed of who should be noticed and served and
by what reason they should be served.
This 21st day of May, 2007
Michael E. DiRosa
O R D E R
IT IS HEREBY ORDERED:
That Article VII Section 5 of the Louisiana State
Constitution is declared unconstitutional and null and void from its
inception.
That the Department of Public Safety and Corrections or
its alias the State of Louisiana, do immediately return to Michael E.
DiRosa the vehicle, with the personal property contained therein and
the Certificate of Origin of the vehicle, illegally seized and held
by the Department of Public Safety and Corrections, at the expense of
the Department of Public Safety and Corrections and/ or the State of
Louisiana.
That the Department of Public Safety and Corrections be
disbanded as an entity illegally instituted contrary to the Louisiana
State Constitution.
This _______________ day of ______________________, 2007
______________________________
J U D G E
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