
TRUTH AFFIDAVIT
IN THE NATURE OF SUPPLEMENTAL
RULES FOR ADMINISTRATIVE AND MARITIME CLAIMS RULES C (6)
December 6, 2004
Verified declaration in the nature by an Affidavit for Truth in Commerce and Contract by Waiver for Tort Presented by me Amanda Marie; Simons living soul, one for We the People under Original Common Law Jurisdiction by the Utah republic and united states of America contracts, the Constitution.
Plain Statement of Facts
An Affidavit not rebutted stated as Truth in commerce. An Affidvit not rebutted after ten (10) days becomes the judgement in commerce. A Truth affidavit, under commercial law, can only be satisfied: by Truth Affidavit rebuttal, by agreement, by resolution, or under Common Law Rules, by a jury.
COMES NOW the Affiant, Amanda Marie; Simons, and after being duly sworn, deposes and says:
FACT 1 - Each person who has received a copy of this Truth Affidavit considers themself to be an officer of the State of Utah, or has been employed on behalf of the State of Utah in some capacity concerning this matter.
FACT 2 - Those persons who consider themselves to be officers of the State of Utah, which includes the Governor, the Lieutenant Governor, the Attorney General, The Division of Child and Family Services Workers, the Attorneys who are being paid by the State of Utah, the County Sheriffs, etc., have all subscribed to a written oath of office.
"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity." - Utah State Constitution - Article IV - Section 10
FACT 3 - This Oath of Office is a binding contract between the Sovereign Citizens who created the Constitution and the State Officers that guarantees to the Sovereign Citizens that the Officers that have been elected, or appointed, will in fact obey and defend the Constitution for the United States and the Constitution of the State of Utah.
FACT 4 - The word "obey" in the oath implicitly implies that the officers will faithfully observe the mandates and prohibitions that have been written into the Law of the Constitution by We the People of the Utah republic.
The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. - Utah State Constitution - Article I - Section 26
FACT 5 - The word "defend" in the oath requires each officer to be diligent in watching over the actions and activities of themselves, and of the other Officers of the State of Utah in such a way as to insure that nothing is done to disparage, discredit, or in any way diminish, harm, or destroy the basic concepts established by We the People in our Constitution of the State of Utah.
FACT 6 - Treason against the State is defined as levying war against the State, or in giving aid and comfort to those who are levying war against the State. This definition was specifically used so that those Sovereign Individuals who are engaged in performing their obligation to effect the operation of the government in such a way as to best protect their safety and happiness cannot be charged with treason because they intend to amend or abolish the State government and plan to institute a new government, laying its foundations, and organizing its powers as to them shall seem most likely to effect their safety and happiness.
Treason against the State shall consist only in levying war against it, or in adhering to its enemies or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act. - Utah State Constitution - Article I - Section 19
FACT 7 - This definition of treason does not cover the actions of the Officers of the State of Utah. A violation of their Oath of Office will be construed to be Treason against We the People, and will be prosecuted as such through the Common Law Courts which are the validly existing Courts of the People, even though they are discredited, demonized, and many attempts have been made to destroy them.
FACT 8 - Attempts to claim "I was just doing my job" are worthless. The same excuse was used at the Nuremberg trial and the offenders were still hung.
FACT 9 - Each and every person in the STATE OF UTAH (sic) has at one time or another placed their right hand over their heart and solemnly proclaimed their allegiance to the flag of the United States of America.
I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands: one Nation under God, indivisible, With Liberty and Justice for all.
FACT 10 - We have not pledged our allegiance to the Democracy, or to the Oligarchy. We have pledged our allegiance to the Republic.
Republic: A form of government where God's law is supreme and the people are free to pursue and to enjoy their Life, Liberty and Pursuit of Happiness. Each Citizen retains their own Sovereignty and has control over his personal environment. The Sovereign Citizens are subject to God's Laws, primarily the Ten Commandments, the "Golden Rule," and especially, Love thy Enemy.
Democracy: A form of government where the majority rules. This type of system is fraught with the ever present potential that the majority will make slaves of the minority, or, that power hungry men and women will subvert the system for their own benefit. God is outlawed, and God's laws are totally disregarded. Eventually the majority attempts to install themselves as the god of the nation. Today, in our court rooms in every State, the attorneys "PRAY" to the judge for the orders they seek.
Oligarchy: A form of government where a select group of individuals have gained control over the actions and activities of the government and have placed themselves, and their cohorts, above the law, by claiming immunity from redress for themselves and their associates.
FACT 11 - The Organic Constitution for the United States of America guarantees us that we will live in the Utah Republic. We pledge our allegiance to the Utah Republic. In a Republic, God's Laws are supreme, and each one of us is Sovereign. In a Republic the People are Superior to the government because we have created the government.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence. - The Constitution for the United States of America - Article IV: Section. 4
There can be no limitation on the power of the people of the United States. By their authority the State Constitutions were made, and by their authority the Constitution of the United States was established; - U. S. Supreme Court - Hauenstein vs Lynham (100 US 483)
FACT 12 - In a Republic, the elected and appointed Officers of the State truly are the Public Servants and as will be shown hereafter, have no power or authority over the Sovereign Citizens because the Contract created by their Oath of Office is a one-way street and the Sovereign Citizens cannot violate the terms and conditions of the Contract.
FACT 13 - Each Officer and employee of the State is paid by the Sovereign Citizens of the State and are therefore Officers and Employees of the Utah Republic because that is what We the People voted to accept when we entered the union.
FACT 14 - The laws of the Democracy and the laws of the Republic are different.
FACT 15 - The laws of the Republic not only comply with the Constitutional mandates that We the People established, but they require all suits and legal actions between, or against, a Sovereign be heard in a Common Law Court by a Common Law Jury of our peers. Each Sovereign Citizen has a full opportunity to defend himself in the Court. The Sovereignty of the Individual Citizen is recognized and upheld.
FACT 16 - Many of the laws of the Democracy are beyond the bounds set in the Constitution. Not only are God's laws outlawed, but God himself is a non-entity in government circles. The Common Laws are hidden and we face courts that have no real jurisdiction, and are run by a Judge who has claimed honors, privileges, and titles for himself, and we must be represented by attorneys who have also claimed these same honors, privileges, and titles. The Sovereignty of the Individual Citizen is trampled on by the Politicians, the Bureaucrats, and the Lawyers, because they have entered into an unholy alliance to establish an Oligarchy for their personal wealth and aggrandizement. A government where they are the gods and exercise all powers and authority over the people they have enslaved.
FACT 17 - Anytime anyone claims special honors, privileges, or titles they have tried to place themselves on a plane above the rest of us. This is anathema to the basic principles and concepts used in the establishment of both the Constitution for the United States of America and the State Constitutions.
FACT 18 - Our Founding Fathers went to great lengths to establish the equality of all citizens.
No title of nobility shall be granted by the United States: And no person holding any office or profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. - The Constitution for the United States of America - Article I, Section 9, Paragraph 8
No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. - The Constitution for the United States of America - Article I, Section 1, Paragraph 1
If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the united States, and shall be incapable of holding any office of trust or profit under them, or either of them." - The Constitution for the United States of America - 13th Amendment
FACT 19 - There is controversy concerning the above quoted 13th Amendment to the Constitution for the United States of America. Officials claim it was never properly ratified, but recently, documents have been located that indicate the Amendment was properly ratified. That is a discussion for another time, it is included here merely to make the point that our Founding Fathers were extremely concerned about the equality of all Sovereign Citizens.
FACT 20 - The Officers and Employees of the State have taken an Oath, and are bound to uphold the laws of the Republic. These are the laws that comply in exact form and function with the powers that have been mandated or prohibited by the Constitution of the State of Utah.
Now that I have established the facts from which to present my case I will proceed to do so.
FACT 21 - On September 8, 2004, I took my youngest daughter, Savannah, to Primary Children's hospital as a result of an emergency situation.
FACT 22 - I was told by The Division of Child and Family Services staff at Primary Children's Hospital that they considered the situation to be an accident and no action was contemplated by The Division of Child and Family Services. The doctors even suggested that her problem may be sleepwalking, which is something we had never considered because we had not confronted sleepwalking before. After our own investigation among other family members we find that many of the aunts, uncles, and cousins were prone to sleepwalking, sometimes even into their later lives.
FACT 23 - On the very next day, September 9, 2004, I was presented with a summons from the State of Utah concerning both of my children. This was in spite of what I was told the day before, and in spite of the fact that my older daughter was in not danger, and never had been. On its face, the summons was a threat against me while the State was holding my children hostage.
FACT 24 - The summons had no case number, and was not signed by a judge. I have since learned that this is improper.
FACT 25 - The summons required my appearance in court at 2:00 p.m. on September 10, 2004. I had less than 24 hours to respond to numerous false allegations that were contained in what was called a "VERIFIED PETITION."
FACT 26 - The Verified Petition has been modified on several different occasions until it hardly resembles the original. The State deemed the changes necessary to adjust the obvious errors and outright lies contained in the original Petition.
FACT 27 - The Verified Petition stated that a "proceeding concerning the above-named children is pending in this Court and an adjudication will be made which may include orders affecting your parental rights."
FACT 28 - Even though the Verified Petition contained a host of false information there have been no charges filed against Ryan Lay, who signed the Petition under Oath. And this is in spite of the fact that his false information has torn my family asunder.
FACT 29 - The Utah State Law purports to require an investigation prior to the removal of children from the home.
FACT 30 - At the court, an attorney was appointed to "represent" me. We had a total of about 20 minutes to discuss the situation before court began. Nothing I told her was even discussed, and it has yet to be discussed. I now understand why. "My attorney" is really allied with the State of Utah and doesn't really represent me because her first allegiance is to the State of Utah, not me.
FACT 31 - The court proceedings were cut and dried. Nothing I said was even considered. This is a far cry from what a true court proceeding should be. I am entitled to be heard, my side of the story is at least as important as the side being presented by the prosecutor. You cannot have true justice without mercy being included in the process.
FACT 32 - The actions of everyone, from the Attorney General's Office to the Judge, to The Division of Child and Family Services Case Workers has been a real lesson in just how wrong, and how far afield this country has gone from what was established by We the People in our Constitution. I have been placed in a situation where I must prove my innocence against a raft of people who have a vested interest in my guilt. These are people who make their living from persecuting people like me, these are people who have no feeling of remorse or compassion about ripping a family apart, and the more people like me they can find, the more secure their jobs.
FACT 33 - As I will show in the following analysis, The Constitution of the State of Utah grants no powers, nor authority, and no right to the State Officials to do anything they have done in this case. And, in fact, the Sovereign Citizens of the State, even though they may have banded together, do not have the powers, the authority, or the right to entitle the State to do the things they have done.
FACT 34 - It is now nearly 3 months and no investigation has been attempted. As proof of this, all mailings to me are to my old address, and no one has been to my home to investigate anything.
FACT 35 - In questioning The Division of Child and Family Services Case Worker about the lack of an investigation, she freely admitted to me and to my mother, that she had no authority to investigate as she was not an investigator. This is the only The Division of Child and Family Services person who has been to my mother's home and, as I said before, no one has ever been to my home.
FACT 36 - I understand that the Utah State Law requires that a Service Plan for the reunification of the family must be in place within 45 days of the date the children are removed from the home. I finally received a copy of the Service Plan after nearly 75 days, and the Service Plan indicated that I had been involved in its preparation. This is an absolute lie. The first time I saw the plan was when it was handed to me.
FACT 37 - When The Division of Child and Family Services tried to present the Service Plan to the Court, over 75 days after the children had been removed, the Guardian ad Litem objected, as he had not had an opportunity to review the document. He also objected to the fact that there was a lack of communications between his office and the prosecutor because some of the documents he received were not completed.
FACT 38 - As of this date - December 6, 2004 - the Service Plan is still not approved by me, or by the Court. I refuse to approve the plan until such time as the Attorney General can present absolute evidence of his Constitutional authority to proceed with this matter. If he cannot present any such evidence then I insist that he immediately honor the attached Writ of Habeas Corpus and return my children forthwith, and that he immediately cease the unconstitutional practice of removing children from the homes of their parents.
FACT 39 - In Item 2 of the Verified Petition - The address indicated is incorrect. It has since been corrected in the court records, but The Division of Child and Family Services still mails information to me at the wrong address.
FACT 40 - An extended list of 14 visits to the hospital is included in the Verified Petition. Based on this list the State of Utah is claiming a lack of supervision.
FACT 41 - Of the items listed, 4 occurred at my mother's home when I was not present.
FACT 42 - 3 of the visits were precautionary visits because we were not sure if anything had even happened.
FACT 43 - If the State's contention for "Lack of Supervision" were true then I would not have found Savannah in a timely manner to get her the help she needed. Even late at night.
FACT 44 - Savannah freely admits that she got out of bed and snuck outside.
FACT 45 - The Case Worker for The Division of Child and Family Services told me that the only reason they were involved is because there were too many trips to the hospital. This is in direct conflict with their other statement that I failed to provide adequate medical services for the kids. You can't have it both ways.
FACT 46 - The reason The Division of Child and Family Services is after me and my family is that they feel they have found an easy "Mark" to attack. The Division of Child and Family Services receives large sums of money from the Federal Government whenever children are removed from the home, and my family afforded them the opportunity to collect money from the Federal Government.
FACT 47 - In the 5 years that I have had Tanya with me she fell hard enough to require medical services on two different occasions. In the 2½ months since she has been in foster care she has fallen hard enough to require medical services on three different occasions. I am very concerned about the lack of proper supervision.
FACT 48 - Since Savannah was placed in foster care she has learned far too much about male anatomy. In her home there is only me, her sister, her great grandmother and her great grandfather. There has been nothing that would have taught her anything about male anatomy and, in fact, she never mentioned the subject until AFTER she was taken into foster care. The State of Utah, through their lack of proper supervision, has allowed Savannah to be sexually molested.
FACT 49 - The court ordered regular visitation for the family. Visitation has been sporadic at best. The children have been consistently late. I have shown up for visits only to be told that the visit had been canceled, with no reason being given for the cancellation. I feel this is a symptom of the fact that the State has assigned people to my case who are totally incompetent to understand or deal with the situation at hand.
FACT 50 - Item 15 of the Verified Petition indicates a problem with Minnesota Child protective services. This problem arose because of the actions of my husband whose parental rights were terminated. After an extensive court battle to get Tanya back, the judge returned her to me and chastised the Child Protective Services for their lack of diligence in returning Tanya. He also sealed the records so they could not be used against me under any circumstances. Why the State of Utah can bring this up is totally against any concepts of fairness as it was my ex-husband whose rights were terminated. Even though I had to fight the Minnesota Child protections services after my divorce, I had no sanctions taken against me.
FACT 51 - The actions of the Minnesota Case Workers went way beyond normal. The Case Workers seemed to have a personal interest in seeing that the children were adopted. My grandfather quizzed the Minnesota attorney who was appointed to represent me, at great lengths about the probability that the Case Worker had already sold my children to a couple who wanted to adopt them. He would not confirm the allegations, but he also would not totally deny them. My grandfather's contention was that the Case Worker was in a position to sell the children, force the adoption through the court, and make thousands of extra dollars each year. If this contention was not true then the attorney should have denied it with great emphasis. He wouldn't even deny it firmly.
FACT 52 - I strongly object to the use of the word "pray" in asking a judge to render a decision. We are to pray to no one except our God. While I fully understand that under a Democracy and an Oligarchy the judge does become the god of the nation, I am a member of the Republic because I refuse to be subject to the Pagan practices of the government officials.
FACT 53 - The attorney who was appointed to represent me is an officer of the court and owes her allegiance to the State of Utah. This is a major conflict of interest, and I have terminated whatever contract existed between us, and any contract that may have existed between me and the court, and I assume my rightful place as a Sovereign in the Utah republic. In such capacity I have the right to represent myself, or under the law of covetry I can appoint my grandfather to speak for me.
FACT 54 - Since I have filed a Cancellatura with both the Federal officials and the Lieutenant Governor for the State of Utah, which office is a Constitutional office, I have withdrawn from any and all obligations under any Utah Code. My actions automatically cover my minor children, therefore, my children and I are no longer subject to your codes, bills, rules, ordinances and regulations. I am subject only to laws that have been properly enacted by the Legislature, in accordance with the lawful provisions of the Constitution.
FACT 55 - Codes are not laws. Neither are bills, rules, regulations, or ordinances.
FACT 56 - The Verified Petition contains numerous references to Utah Code. These are not laws. They are rules that have been created by bureaucrats under powers that have been unconstitutionally assigned by the State Legislature. Neither me, nor my children, are subject to such travesties.
FACT 57 - Even if the code was validly enacted by the legislature, I can find no public place where the law is properly published. Publication requires that the title, the enacting clause, and the full body of the law be published. If the law is not properly published then it is of no force or effect, and cannot be enforced.
FACT 58 - No Section of the Organic Constitution of the State of Utah grants any authority to the State of Utah to sanction any of its actions toward me and my children. The very action of invading my Sovereign Realm in order to remove my children is above and beyond the powers and the authority that the Sovereign Citizens are capable of conferring upon the State.
Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force -- for the same reason -- cannot lawfully be used to destroy the person, liberty, or property of individuals or groups. -- Frederic Bastiat - The Law
FACT 59 - Each Sovereign Citizen holds total and supreme power in his, or her, realm. No Sovereign Citizen has the right, the power, or the authority to invade, or even infringe upon the Sovereignty of another person.
The law is the organization of the natural right of lawful defense. It is the substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful right to do" to protect persons, liberties, and properties; to maintain the right of each, and to cause justice to reign over us all. - Frederic Bastiat - The Law
FACT 60 - Even if a majority of the Sovereign Citizens banded together to grant a power that no one of them held, they cannot grant that power simply because they do not have that power to grant.
FACT 61 - Bouvier's Law Dictionary - 6th Edition - 1856, defines Sovereign as a chief ruler with supreme power; one possessing sovereignty.
FACT 62 - Black's Law Dictionary - 1st Edition - 1891, defines Sovereign as a chief ruler with Supreme Power.
FACT 63 - We the People hold the Supreme Power and all rights attendant thereto. The Declaration of Independence establishes the fact that our rights are held as individuals, not collectively.
When this country achieved its independence the prerogatives of the crown devolved upon the people of the States. And this power still remains with them, except so far as they have delegated a portion of it to the Federal government. - U. S. Supreme Court - Wheeler v. Smith, 9 How. 33
FACT 64 - Bouvier's Law Dictionary - 6th Edition - 1856, defines Sovereignty as the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. Strictly speaking, in our republican forms of government, the absolute sovereignty of the nation is in the people of the nation; and the residuary sovereignty of each state, not granted to any of its public functionaries, is in the people of the state.
FACT 65 - I am Sovereign, and thereby I am endowed with Sovereignty. I have the power and the authority to make laws, to execute and to apply them, and to otherwise do all things that any nation may have the power to do within my Realm. Just as when a person travels to a foreign country they become subject to the laws of that country, whenever anyone enters my Realm they are subject to the laws that I have created. Therefore, I have used my Sovereignty to issue the attached Writs.
FACT 66 - Black's Law Dictionary - 1st Edition - 1891, defines Sovereignty as the possession of Sovereign Power; supreme political authority; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived.
FACT 67 - We the People, as individuals, hold all of the Sovereignty.
FACT 68 - We the People granted our State the right to perform certain very specific and very restricted activities that are normally reserved to the Sovereign. This did not, nor could it, make the State Sovereign. Fictitious entities have no ability to claim Sovereignty as all Sovereignty resides in the Sovereign Citizens. In fact, the very power of the Crown head of England devolved onto the head of each Sovereign Citizen.
FACT 69 - Even though We the People granted specific powers to the State and to the Federal we did not grant them sole use of those powers. This fact is attested to by the fact that We the People retained the right to continue to exercise those same powers by modifying or abolishing the entities that we had created and instituting new entities that we felt would most likely effect our Safety and Happiness.
that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. - Declaration of Independence
FACT 70 - Each State, with the explicit approval of the Sovereign Citizens of that State, was then permitted to enter into a Treaty called the Constitution FOR the united States of America.
FACT 71 - The use of the word FOR in the title to the Constitution indicates that the document was written FOR the benefit of the Individual States and was not a document that created the government OF the United States.
FACT 72 - When the States created the treaty organization, they could only grant such powers to the treaty organization as they themselves held, and even then, the States only granted such portions of their powers as they were willing to grant. Therefore, the treaty organization, commonly referred to as the Federal Government, even though that is not correct, can use even less of the Sovereign power of the Sovereign Citizens of the States than what the States can.
FACT 73 - We the People formed a republican form of government in each state and mandated that the federal treaty organization was responsible for the continuance of that form of government. The federal treaty organization has miserably failed in its adherence to our mandate.
FACT 74 - We are now faced with the prospect of an Oligarchy where the attorneys and judges have unlawfully seized the powers of the government. In direct defiance to the separation of powers established in the Constitution, many judges are making laws from the bench.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence. - The Constitution for the United States of America - Article IV: Section. 4
Republic: A form of government where God's law is supreme and the people are free to pursue and to enjoy their Life, Liberty and Pursuit of Happiness. Each Citizen retains their own Sovereignty and has control over his personal environment. The Sovereign Citizens are subject to God's Laws, primarily the Ten Commandments, the "Golden Rule," and especially, Love thy Enemy.
Democracy: A form of government where the majority rules. This type of system is fraught with the ever present potential that the majority will make slaves of the minority, or, that power hungry men and women will subvert the system for their own benefit. God is outlawed, and God's laws are totally disregarded. Eventually the majority attempts to install themselves as the god of the nation. Today, in our court rooms in every State, the attorneys "PRAY" to the judge for the orders they seek.
Oligarchy: A form of government where a select group of individuals have gained control over the actions and activities of the government and have placed themselves, and their cohorts, above the law, by claiming immunity from redress for themselves and their associates.
FACT 75 - The UNITED STATES CORPORATION, through unlawful and unconstitutional actions have assumed control of my State, and through mandates to my State has destroyed my Original Republican Form of Government and foisted upon me a Democracy, and it is now in the process of creating an Oligarchy.
FACT 76 - We must understand what the Constitution for the united States of America and the Constitution of the State of Utah really are, why they were written, and most important, how they really affects us.
FACT 77 - A Constitution is the binding laws set forth by the Citizens of a nation to secure their God given unalienable rights. These binding laws are set forth in the form of mandates from the Sovereigns holding supreme power to command that the people who will staff the offices being created do and perform exactly as they have been mandated to do. There are another set of binding laws in the Constitution that are prohibitions set forth to prohibit the people who will staff the offices being created from doing or performing any act or action not mandated by the Sovereigns holding supreme power.
FACT 78 - Since a Constitution defines the laws to control the actions of the people who will staff the offices being created, it may be considered to be the cage that the Sovereign People have built to protect themselves from the monster they are creating.
In order to carry on an informed discussion in any subject, it is necessary to define the Basic Concepts behind our subject matter. Therefore, the following facts are set forth to define what a law is and how it may, or may not affect us.
FACT 79 - We have lived our entire lives with the knowledge that different kinds of laws exist.
These laws are Natural Laws, known as the Laws of Nature
The Laws of God, as found in the scriptures
The Laws of Man, as found in the books and records of a Nation.
FACT 80 - Basically there are two types of Laws.
There are Laws that require us to perform certain tasks
There are Laws that prohibit us from doing certain things.
FACT 81 - In considering a Law, or a System of Laws we must ask ourselves three things:
Who created the Laws?
What authority did they have to create the Laws?
Why, and how, do they affect us?
FACT 82 - Our relationship to these various Laws differs depending on our circumstances.
FACT 83 - While the Laws of Nature are constantly at work in our environment we are more apt to use the Laws of Nature to enhance our ability to create modern tools and devices to make our lives more comfortable.
FACT 84 - Laws of Nature affect us, and we are aware of them. If we violate some of them we may be severely injured or incapacitated, perhaps even killed, but, we have no specific relationship with the laws of nature. There are no contracts or agreements between us and the laws of nature, nor were we created by the laws of nature. Our only obligation to obey the laws of nature is the fact that we are surrounded by nature and live within the environment created by the laws of nature.
FACT 85 - On the other hand, we are totally and fully bound by the Laws of God because He is our Creator.
So God created man in his own image, in the image of God created he him; male and female created he them. - Old Testament - Genesis 1:27
FACT 86 - Immediately upon creating man God granted them dominion over all things upon the earth. This made Adam and Eve the Supreme Rulers of the earth and gave them Sovereignty over the earth.
And God blessed them, and God said unto them, Be fruitful, and multiply, and replenish the earth, and subdue it: and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth. - Old Testament - Genesis 1:28
FACT 87 - As our Creator, God has defined, by His Law, the limits and bounds within which we are to operate and function. He has mandated to us what he wants us to do, and has established prohibitions as to what we should not do. He gave us the Ten Commandments, which form the basis for all laws within this State.
AND God spake all these words, saying, I am the LORD thy God, which have brought thee out of the land of Egypt, out of the house of bondage. Thou shalt have no other gods before me. Thou shalt not make unto thee any graven image, or any likeness of any thing that is in heaven above, or that is in the earth beneath, or that is in the water under the earth: Thou shalt not bow down thyself to them, nor serve them: for I the LORD thy God am a jealous God, visiting the iniquity of the fathers upon the children unto the third and fourth generation of them that hate me; And shewing mercy unto thousands of them that love me, and keep my commandments. Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain. Remember the sabbath day, to keep it holy. Six days shalt thou labour, and do all thy work: But the seventh day is the sabbath of the LORD thy God: in it thou shalt not do any work, thou, nor thy son, nor thy daughter, thy manservant, nor thy maidservant, nor thy cattle, nor thy stranger that is within thy gates: For in six days the LORD made heaven and earth, the sea, and all that in them is, and rested the seventh day: wherefore the LORD blessed the sabbath day, and hallowed it. Honour thy father and thy mother: that thy days may be long upon the land which the LORD thy God giveth thee. Thou shalt not kill. Thou shalt not commit adultery. Thou shalt not steal. Thou shalt not bear false witness against thy neighbour. Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour's. - Old Testament - Exodus 20:1 - 17
FACT 88 - Being subject to God's Laws is not a two-way street. We have no power, or authority, over God. When God granted us our Sovereignty it was over this earth. He granted us no powers or authority in His Heavenly Kingdom. A person who is Sovereign is only Sovereign within his own Realm.
FACT 89 - Even though we may be upset because we didn't get as much money, or good looks, as our neighbor, and, even though we may feel that we have been damaged, we cannot bring suit because God has not violated any agreement with us, because there is no Contract with us concerning our creation.
FACT 90 - God created us and placed us on this earth. He gave us our agency to choose, and told us, that if we choose properly we would inherit His kingdom. But that is only after we have proven ourselves to be faithful in obeying His wishes.
FACT 91 - We are subject to God's laws because of our relationship to God. He rules over us because he is our Creator.
FACT 92 - God's Laws are supreme. If any of Man's Laws conflict with the Laws of God, then Man's Laws are null and void, and of no force or effect. The higher law always prevails. We do not have to obey any Laws that are in conflict with the Laws of God.
FACT 93 - When we have children they are subject to our rules because we are the parents. They do not have to obey us because we are bigger, or stronger, or smarter, they have to obey us because we created them. Just as when God created us, there is no contract between us and our children. The contract concerning the children is between God and us. Our children have no authority over us.
FACT 94 - God allowed us to have His Children because we agreed to raise them in His ways.
NOW these are the commandments, the statutes, and the judgments, which the LORD your God commanded to teach you, that ye might do them in the land whither ye go to possess it: That thou mightest fear the LORD thy God, to keep all his statutes and his commandments, which I command thee, thou, and thy son, and thy son's son, all the days of thy life; and that thy days may be prolonged. Hear therefore, O Israel, and observe to do it; that it may be well with thee, and that ye may increase mightily, as the LORD God of thy fathers hath promised thee, in the land that floweth with milk and honey. Hear, O Israel: The LORD our God is one LORD: And thou shalt love the LORD thy God with all thine heart, and with all thy soul, and with all thy might. And these words, which I command thee this day, shall be in thine heart: And thou shalt teach them diligently unto thy children, and shalt talk of them when thou sittest in thine house, and when thou walkest by the way, and when thou liest down, and when thou risest up. And thou shalt bind them for a sign upon thine hand, and they shall be as frontlets between thine eyes. And thou shalt write them upon the posts of thy house, and on thy gates. - Old Testament - Deuteronomy 6:1 - 9
And again, inasmuch as parents have children in Zion, or in any of her stakes which are organized, that teach them not to understand the doctrine of repentance, faith in Christ the Son of the living God, and of baptism and the gift of the Holy Ghost by the laying on of the hands, when eight years old, the sin be upon the heads of the parents. For this shall be a law unto the inhabitants of Zion, or in any of her stakes which are organized. And their children shall be baptized for the remission of their sins when eight years old, and receive the laying on of the hands. And they shall also teach their children to pray, and to walk uprightly before the Lord. - Doctrine and Covenants - Section 68:25 - 28
FACT 95 - The contract between us and our God concerning our raising of His children does not provide for any Third Party interference. If we do not raise the Children properly then the sin is on our head. If some Third Party interferes with our ability to comply with our side of the Agreement with God, then the sin must, and will, fall upon the head of the Third Party. God's Laws are supreme.
FACT 96 - Our children are subject to our rules because of their relationship to us. They must obey us because we, with the permission and power of God, created them. We do not have any authority over someone else's kids. We did not create them and they, therefore, have no obligation or duty to obey us.
FACT 97 - We may, or may not be subject to the Laws of Man. Our situation depends on the authority of the person, or persons, who created the Laws. If we live in one of the united States and we never visit France, we are never subject to the Laws of France, no matter how good, or bad, they may be.
FACT 98 - Even though we may live in one of the united States, if we never visit any other State we will never be subject to the Laws of that State. We are only subject to the Laws that apply to us, and that have been created by a person, or persons, who have the proper authority to create such Laws.
FACT 99 - A general in the U. S. Army has supreme authority over a colonel, a sergeant, or a buck private. Not because he created them, but because they have all entered into a contract that grants the general this authority. In this case the lawful relationship is through contract, but it is still just as binding, and the buck private cannot order the general to do things. Nor, can he sue the general unless he is damaged because of the actions of the general that are outside the authority granted by the contract. By the same token, the general has no power or authority to command a buck private in the German army. There is no lawful relationship since no contract exists.
FACT 100 - When you work for someone, you have entered into a contract it may not be written, but it is still a binding contract because he expects you to provide your services in a manner that he has prescribed, and you expect to be paid. The contract grants your employer the power to prescribe rules and regulations that you must obey. If you violate those rules your employer has the right to terminate your contract. You cannot order your employer to do things, nor can you sue your employer unless he has violated the terms of your contract in such a way as to bring harm or damage to you. The contract creates the lawful relationship between you and your employer, and each side must abide by its terms and conditions. Which means you must perform in such manner as your employer tells you so that he is compelled to pay for your services.
FACT 101 - A king is the sovereign of his realm, and as such has supreme power in the land. The king may even have power over life and death of his subjects. When the king issues a mandate his subjects are required to obey. If they do not then they may suffer the wrath of the king. The lawful relationship between the king and his subjects is that the subjects must obey the king, and in return, the king provides protection for the kingdom. Should the king travel to a different land, outside of his realm, then he is just another Joe on the street. He has no sovereignty. He has no power or authority, and no one has any obligation to obey him because they have no lawful relationship to him.
FACT 102 - True and lawful authority is not derived from force or power. It does not come from wealth or knowledge. It comes from the lawful relationship between the parties.
FACT 103 - When laws exist because of force then you have a despotic form of government. It is tyranny, and is not lawfully enforceable, but the fear that comes from the use of force compels the subjects into slavery.
FACT 104 - In the case of our Federal and State Constitutions. Like God, we are the Creators. We hold and control the Supreme Power. Just as in our relationship with God, there is no contract. And, just like our situation with God, our creation has no power or authority over us.
FACT 105 - When we created the Constitution We the People issued absolute mandates to our public servants, the officers that would staff our creation. This amounted to a Writ of Mandamus commanding them to do exactly as they were told.
The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. - Article I, Section 26, Utah State Constitution
Mandate: An order by a Sovereign to his subjects.
There can be no limitation on the power of the people of the United States. By their authority the State Constitutions were made, and by their authority the Constitution of the United States was established; - U. S. Supreme Court - Hauenstein vs Lynham (100 US 483)
FACT 106 - We the People also issued a Writ of Prohibition to our public servants that was designed to prohibit them from performing actions that were not specifically set forth in the Constitution.
FACT 107 - There is no contract between the Sovereign Citizens and the Constitution, We the People cannot violate the terms and conditions set forth in the Constitution. We the People cannot violate the conditions of an agreement that does not exist.
FACT 108 - The contract that exists concerning the Constitutions that We the People created is by and between the Sovereign Citizens and the public servants. The Oath of Office, subscribed to by each public servant, is a written contract that they will defend and uphold the Constitution that We the People created.
FACT 109 - We the People made no provisions that bound us to any performance within the language of either the State or Federal Constitutions. The Oath of Office is therefore, a one-sided obligation to perform. The obligation to perform is all on the side of the Constitutional officers.
FACT 110 - There are not, nor can there ever be, any circumstances under which the Constitutional Offices that we created through the Constitution, can have, or can exercise, any power to bring any law suit, or action at law, against any Sovereign Citizen.
FACT 111 - Using our God granted Sovereignty we created a form of government that seemed best to us to effect our safety and happiness by creating a government that must serve our every command, and has no power to interfere with or bother our daily lives.
FACT 112 - The proof of these statements is found in the Declaration of Independence:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, that whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
FACT 113 - The system of laws that each Sovereign Citizen has agreed to be subject to is the Common Laws. Only by a Sovereign specifically agreeing to be subject to a law, bill, regulation, code, or ordinance will the Sovereign be subject to that law, bill, regulation, code, or ordinance.
FACT 114 - This is why the system of Common Laws is not detailed in either the Federal or State Constitutions. The Sovereign People retained all rights to Common Law and in doing so granted no rights to the Federal or State entities.
There is no federal general common law. Congress has no power to declare substantive rules of common law applicable in a state whether they be local in their nature or 'general,' be they commercial law or a part of the law of torts. And no clause in the Constitution purports to confer such a power upon the federal courts. - Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938)
FACT 115 - What I have said is absolutely true. We the People have the power, the authority, the right, the obligation, and the duty, to ABOLISH our present government if We determine it does not meet our needs, and to institute a new government in such a way as to effect our Safety and Happiness. Only when We are the absolute master over something do we have the power to absolutely destroy or abolish it.
Pursuant to my extensive research into the SPECIFIC PROVISIONS of the Constitution of the State of Utah, and the Constitution for the united States of America, I am firmly committed to the proposition that the State of Utah has exceeded its Constitutional power and authority in removing my children from my home.
As I have shown above, it is my contention that the officers of the State of Utah, with the full support of the Federal union, have assumed rights and powers that are not granted in the Constitution of the State of Utah.
I specifically demand that you honor my Writ of Habeas Corpus and return my children forthwith. I also demand that you honor my Writ of Prohibition, to prohibit any action against me, or any members of my family, or any of my friends or neighbors in any manner or way that exceeds the Constitutional Powers of the officers for the State of Utah.
As a Sovereign Citizen, I have the specific right, power, and authority to issue Writs and demand that they be honored. If I can't issue Writs, then neither can you, because your power to issue Writs comes from me.
Based on all of the above FACTS I have clearly shown that the Sovereign Citizens have no power to grant rights to the State of Utah concerning me or my children. The Sovereign Citizens of the Utah republic cannot grant any power or authority to the State that will enable anyone to invade or infringe upon my contract with God concerning my raising of God's children because they don't have that ability.
The State of Utah is completely out of line, and WAY BEYOND any lawful powers that can or could be granted by We the People.
Again, I demand that my children be returned forthwith, and that the State of Utah and all of its officer heed and obey the Writs that I have presented.
I Amanda Marie; Simons, Affiant, Pursuant to 28 U.S.C., Sec. 1746 (1) and executed "without the UNITED STATES', state under penalty of perjury pursuant to the Laws of the united States of America, that I am competent to be a witness and that the facts contained herein are true, correct, complete and not misleading, to the best of Affiants' first-hand knowledge and belief.
Executed this fourth day of December in the year of our Lord and Savior Jesus Christ Two Thousand Four A.D.
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Amanda Marie; Simons, Affiant, Sovereign
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