Post by Brad Holmes on Apr 2, 2013 19:12:09 GMT -6
Apologies for the delay, this was initially sent to an email that I do not check frequently.
The original file is attached to this thread.
***********************************************
The Magistrate’s Court of Talossa
Request for Judicial Intervention
Omnibus Motion and Attached Brief in Support of Motions
Asmourescu v His Majesty’s Government
Prepared & Filed by: T.M. Asmourescu
Background
In the 37th Cosa, 37RZ2, The What’s the Difference Act was signed into law in accordance with the standard form and practice of the Talossan legislature. The act restricts membership in micronations, making it a criminal offense for any Talossan to hold citizenship in a micronation.
37RZ2 defines a micronation as a nation that:
1. Claims a governmental organization and citizenry and
2. is not a member of the United Nations and
3. is not a member of the Unrepresented Nationas and Peoples Organization and
4. is not recognized by the Kingdom of Talossa
The act allows for honorary citizenship under the following conditions:
1. That said citizenship does not entitle the honouree to vote in micronational elections
2. That said citizenship does not entitle the honouree to hold political, governmental, or administrative office in the micronation
3. That said citizenship does not obligate the honouree, after grant of citizenship, to pay taxes (or fees resembling taxes) or membership dues and
4. That said citizenship does not create any continuing obligation or bond of allegiance to the micronation.
By statute, the proscribed punishment for violation of this law is revocation of citizenship.
Motion for Summary Judgment
We hereby move for summary judgment by the assigned Magistrate(s) on the basis that 37RZ2 clearly violates the protected rights of citizens afforded under the Organic Law Covenant of Rights and Freedoms, in particular covenants two, five and thirteen.
We request the Magistrate’s render judgment that the portions of this law criminalizing micronational participation be considered inorganic, unenforceable and null and void under the laws of this realm pursuant to Article XXI: Section 1 of the Organic Law.
Motion for Injunctive Relief
Alternatively, we move for injunctive relief barring the Kingdom of Talossa, its agents, officers, leaders or designees, from enforcing the provisions of 37RZ2 on the basis that we hold the law to be inorganic as outlined in the attached brief.
We seek temporarily prohibition from the enforcement of this law for a period of 45 days, including the prosecution, arrest or harassment of any individual who holds membership in a micronation until such time as this matter can be reviewed by the Cort.
Upon expiration of this injunction, we request a hearing before the Magistrate(s) to argue in favor of a permanent injunction barring enforcement of this Act on the grounds it is inorganic and therefore, null and void under Article XXI: Section I of the Organic Law.
Motion for Trial by Jury
Alternatively, we hereby demand that this case be heard by an impartial jury or tribunal of three impartial judges, magistrates or justices, lawfully appointed pursuant to the Ninth Covenant of the Covenant of Rights and Freedoms.
Motion to Forward This Matter to the Uppermost Cort
Alternatively, we petition the Magistrate’s Cort to defer ruling on this matter and instead forward this case to the Uppermost Cort for its adjudication.
Brief in Support of Motions
Declaration
I, as a private citizen of the Kingdom of Talossa and member of the Royal Talossan Bar, do claim legal standing to challenge this act on the basis that:
1. As a citizen, it inorganically impedes my right to freedom of assembly and freedom of self-expression and
2. such restriction limits my ability to function as a free citizen and
3. for me to seek citizenship in a micronation, even one of my own design, would constitute a crime under the current laws of this realm and
4. It is my belief that said law is inorganic and so
I pray that the Magistrates grant me judicial relief in rendering 37RZ2 unenforceable due to its inorganic nature, thus relieving me of any of its unlawful impediments. The Magistrate’s Court, being lawfully formed by the Ziu and given Royal Assent, being the lowest court of the realm to hear matters concerning our national laws has jurisdiction to hear this matter or, at its option, refer it to the Uppermost Cort for its consideration.
The laws set forth in 37RZ2 are inorganic and unenforceable due to the following:
1. The law is unenforceable as it utilizes an incredibly vague definition of a micronation. It provides no test with which to determine whether an entity is, or is not, a micronation. The law instead leaves this to the sole discretion of the Minister of Foreign Affairs. Moreover, the Minister of Foreign Affairs is granted absolute authority over the “white list” leaving citizens no leave to appeal adverse decisions.
2. The penalty is unenforceable. Talossan Statute 35RZ34 establishes the punishment of revocation of citizenship for all crimes so designated as a felony or in exceptional cases related to a misdemeanor. However, 37RZ2 does not establish whether violation of the Act constitutes the committing of a felony or misdemeanor. If it be a felony, in prescribing a minimum punishment of revocation, allows for no judicial discretion. If it be a misdemeanor, 37RZ2 unlawfully seeks to usurp the judicial discretion granted to the courts in 35RZ34 “…a court may order revocation of citizenship for a misdemeanor only if the court determines, based on the offender’s potential for rehabilitation and any aggravating circumstances of the offense that any lesser punishment is unlikely to deter the offender from repeating his or her criminal behavior.”
3. The Act violates the Organic Law’s Covenant of Rights and Freedoms – Second Covenant
a. As a micronation, or the design or development thereof, might well be an expression of thought, belief or opinion, restricting membership in these organizations constitutes an unlawful abrogation of the freedom of expression and communication.
b. The government has not demonstrated, through legislative, judicial or other means, that membership in a micronation constitutes a situation contrary to “public order or morals.”
c. In demonstrating that micronational participation constitutes behavior contrary to public order or morals, the burden to prove that a micronation is detrimental is on the government, not the individual.
d. Barring such demonstration, the government cannot lawfully restrict ANY private or public communication, particularly in the blanket form the government attempted in passing 37RZ2.
4. The Act violates the Organic Law’s Covenant of Rights and Freedoms – Fifth Covenant
a. The fifth covenant guarantees all Talossan citizens the right to freely assemble in public and private provided that such assembly “neither disrupts traffic or legal commercial activity, or unduly inconveniences people.”
b. The government has not demonstrated that such micronational participation would disrupt traffic, legal commerce or “inconvenience people.”
c. Barring such demonstration, the government cannot lawfully restrict ANY private assembly, particularly in the blanket form the government attempted in passing 37RZ2.
5. The Act violates the Organic Law’s Covenant of Rights and Freedoms –Thirteenth Covenant
a. The Thirteenth Covenant guarantees that “liberty consists of any action which is not detrimental to others.”
b. The Thirteenth Covenant further asserts that no enumerated right “shall extend to anyone engaged in activities which injure, endanger, risk or compromise the physical health, privacy or tranquility of other persons through the pretended exercise of said right.”
c. We take this to mean that no person, including the government, can infringe upon the Organic Rights of others under the guise of exercising their own Organic Rights.
d. We assert that the government, in passing and enforcing 37RZ2, does cause injury to all citizens desirous of participating in non-Talossan sanctioned micronational activity and unlawfully seeks to abridge their rights to privacy and private enjoyment and entertainment.
6. An act in violation of Organic Law is unenforceable as the Organic Law enjoys supremacy
a. Article XXI: Section 1 states “The Organic Law is the supreme law of the land. Any national, provincial or territorial laws which violate its provisions are null and void.”
The original file is attached to this thread.
***********************************************
The Magistrate’s Court of Talossa
Request for Judicial Intervention
Omnibus Motion and Attached Brief in Support of Motions
Asmourescu v His Majesty’s Government
Prepared & Filed by: T.M. Asmourescu
Background
In the 37th Cosa, 37RZ2, The What’s the Difference Act was signed into law in accordance with the standard form and practice of the Talossan legislature. The act restricts membership in micronations, making it a criminal offense for any Talossan to hold citizenship in a micronation.
37RZ2 defines a micronation as a nation that:
1. Claims a governmental organization and citizenry and
2. is not a member of the United Nations and
3. is not a member of the Unrepresented Nationas and Peoples Organization and
4. is not recognized by the Kingdom of Talossa
The act allows for honorary citizenship under the following conditions:
1. That said citizenship does not entitle the honouree to vote in micronational elections
2. That said citizenship does not entitle the honouree to hold political, governmental, or administrative office in the micronation
3. That said citizenship does not obligate the honouree, after grant of citizenship, to pay taxes (or fees resembling taxes) or membership dues and
4. That said citizenship does not create any continuing obligation or bond of allegiance to the micronation.
By statute, the proscribed punishment for violation of this law is revocation of citizenship.
Motion for Summary Judgment
We hereby move for summary judgment by the assigned Magistrate(s) on the basis that 37RZ2 clearly violates the protected rights of citizens afforded under the Organic Law Covenant of Rights and Freedoms, in particular covenants two, five and thirteen.
We request the Magistrate’s render judgment that the portions of this law criminalizing micronational participation be considered inorganic, unenforceable and null and void under the laws of this realm pursuant to Article XXI: Section 1 of the Organic Law.
Motion for Injunctive Relief
Alternatively, we move for injunctive relief barring the Kingdom of Talossa, its agents, officers, leaders or designees, from enforcing the provisions of 37RZ2 on the basis that we hold the law to be inorganic as outlined in the attached brief.
We seek temporarily prohibition from the enforcement of this law for a period of 45 days, including the prosecution, arrest or harassment of any individual who holds membership in a micronation until such time as this matter can be reviewed by the Cort.
Upon expiration of this injunction, we request a hearing before the Magistrate(s) to argue in favor of a permanent injunction barring enforcement of this Act on the grounds it is inorganic and therefore, null and void under Article XXI: Section I of the Organic Law.
Motion for Trial by Jury
Alternatively, we hereby demand that this case be heard by an impartial jury or tribunal of three impartial judges, magistrates or justices, lawfully appointed pursuant to the Ninth Covenant of the Covenant of Rights and Freedoms.
Motion to Forward This Matter to the Uppermost Cort
Alternatively, we petition the Magistrate’s Cort to defer ruling on this matter and instead forward this case to the Uppermost Cort for its adjudication.
Brief in Support of Motions
Declaration
I, as a private citizen of the Kingdom of Talossa and member of the Royal Talossan Bar, do claim legal standing to challenge this act on the basis that:
1. As a citizen, it inorganically impedes my right to freedom of assembly and freedom of self-expression and
2. such restriction limits my ability to function as a free citizen and
3. for me to seek citizenship in a micronation, even one of my own design, would constitute a crime under the current laws of this realm and
4. It is my belief that said law is inorganic and so
I pray that the Magistrates grant me judicial relief in rendering 37RZ2 unenforceable due to its inorganic nature, thus relieving me of any of its unlawful impediments. The Magistrate’s Court, being lawfully formed by the Ziu and given Royal Assent, being the lowest court of the realm to hear matters concerning our national laws has jurisdiction to hear this matter or, at its option, refer it to the Uppermost Cort for its consideration.
The laws set forth in 37RZ2 are inorganic and unenforceable due to the following:
1. The law is unenforceable as it utilizes an incredibly vague definition of a micronation. It provides no test with which to determine whether an entity is, or is not, a micronation. The law instead leaves this to the sole discretion of the Minister of Foreign Affairs. Moreover, the Minister of Foreign Affairs is granted absolute authority over the “white list” leaving citizens no leave to appeal adverse decisions.
2. The penalty is unenforceable. Talossan Statute 35RZ34 establishes the punishment of revocation of citizenship for all crimes so designated as a felony or in exceptional cases related to a misdemeanor. However, 37RZ2 does not establish whether violation of the Act constitutes the committing of a felony or misdemeanor. If it be a felony, in prescribing a minimum punishment of revocation, allows for no judicial discretion. If it be a misdemeanor, 37RZ2 unlawfully seeks to usurp the judicial discretion granted to the courts in 35RZ34 “…a court may order revocation of citizenship for a misdemeanor only if the court determines, based on the offender’s potential for rehabilitation and any aggravating circumstances of the offense that any lesser punishment is unlikely to deter the offender from repeating his or her criminal behavior.”
3. The Act violates the Organic Law’s Covenant of Rights and Freedoms – Second Covenant
a. As a micronation, or the design or development thereof, might well be an expression of thought, belief or opinion, restricting membership in these organizations constitutes an unlawful abrogation of the freedom of expression and communication.
b. The government has not demonstrated, through legislative, judicial or other means, that membership in a micronation constitutes a situation contrary to “public order or morals.”
c. In demonstrating that micronational participation constitutes behavior contrary to public order or morals, the burden to prove that a micronation is detrimental is on the government, not the individual.
d. Barring such demonstration, the government cannot lawfully restrict ANY private or public communication, particularly in the blanket form the government attempted in passing 37RZ2.
4. The Act violates the Organic Law’s Covenant of Rights and Freedoms – Fifth Covenant
a. The fifth covenant guarantees all Talossan citizens the right to freely assemble in public and private provided that such assembly “neither disrupts traffic or legal commercial activity, or unduly inconveniences people.”
b. The government has not demonstrated that such micronational participation would disrupt traffic, legal commerce or “inconvenience people.”
c. Barring such demonstration, the government cannot lawfully restrict ANY private assembly, particularly in the blanket form the government attempted in passing 37RZ2.
5. The Act violates the Organic Law’s Covenant of Rights and Freedoms –Thirteenth Covenant
a. The Thirteenth Covenant guarantees that “liberty consists of any action which is not detrimental to others.”
b. The Thirteenth Covenant further asserts that no enumerated right “shall extend to anyone engaged in activities which injure, endanger, risk or compromise the physical health, privacy or tranquility of other persons through the pretended exercise of said right.”
c. We take this to mean that no person, including the government, can infringe upon the Organic Rights of others under the guise of exercising their own Organic Rights.
d. We assert that the government, in passing and enforcing 37RZ2, does cause injury to all citizens desirous of participating in non-Talossan sanctioned micronational activity and unlawfully seeks to abridge their rights to privacy and private enjoyment and entertainment.
6. An act in violation of Organic Law is unenforceable as the Organic Law enjoys supremacy
a. Article XXI: Section 1 states “The Organic Law is the supreme law of the land. Any national, provincial or territorial laws which violate its provisions are null and void.”