Mission of ACSC

1. 

Maintain and extend the institutions of the blessing of American freedom and opportunity to both the “people” and the “natural persons”, AND

2.

Carry out the purposes expressed in the preamble of the Constitution for the united States of America and of each of the several States, AND

3.

Maintain, enforce and perpetuate the injunctions of George Washington in his farewell address to the American people, AND

4.

Hold the incorporeal persons of the state and federal governments and their sworn public servants to the mandate so eloquently stated by the framers of the Alabama Constitution, where they said in article 1 § 35:

“That the sole object and only legitimate end [or purpose] of [any] government [including the municipal corporations]; is to protect the [U.S. Constitution article 4.2.1 state ] citizen [singular] in the enjoyment of life, liberty, and property, and when government assumes other functions it is usurpation [of its “delegated” powers] and oppression.” AND

5.

Maintain and enforce the injunction and  mandate of the framers of the 1849 California Constitution in their open letter to the people of California recommending that the people ratify that document, wherein the framers said in pertinent part:

“A free people, in the enjoyment of an elective government, capable of securing their civil, religious and political rights, may rest assured these inestimable privileges can never be wrested from them, so long as they keep a watchful eye on the operations of their government, and hold to strict accountability, those to whom power is delegated.  No people were ever yet enslaved who knew and dared maintain the co-relative rights and obligations of free and independent citizens.  A knowledge of the laws – their moral force and efficacy, thus becomes an essential element of freedom, and makes public education of primary importance.” AND

6.

Institute and perpetuate the recommendation of James Wilson, a signer of the Declaration of Independence of 1776, and a Justice of the United States Supreme Court, who delivered the first regular course of law lectures in America at the University of Pennsylvania in 1790, where Mr. Wilson said:

“The science of law should, in some measure, and in some degree; be the study of every [article 4.2.1] free [union state] citizen, and of every [article 1.9.1] free man [or woman who is either a federal citizen or an alien].  Every [article 4.2.1] free citizen and every [article 1.9.1] free man [or woman] has duties to perform and rights to claim.  And unless and until in some measure and in some degree he [or she] knows these duties and those rights, [which is the study of the subject of the “legal status” of “persons”] he can never act a just and independent part.” AND

7.

Institute and perpetuate the recommendation of Sir William Blackstone, the first English professor of law, who stated in his opening lecture at Oxford in 1758,:

“A competent knowledge of the laws of the society in which he lived, was a proper accomplishment for every gentleman and scholar, and a highly useful part of a liberal education.” And

8.

Institute and perpetuate the concept of “how to learn the science of law”, as stated by Associate Justice of the United States Supreme Court, Mr. Oliver Wendell Holmes, when he said:

“To know what the law has been [and where it came from], is to know [what] the law [really is].” And

9.

Maintain and perpetuate the intent, purpose and reasons stated by the California Legislature in The Statutes of California, passed at the First Session of the Legislature, 1849-1850, Chapt. 95, p. 219, entitled “An act adopting the Common Law”, passed April 13, 1850, wherein it is declared that:

“...the common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution of this State,, is the rule of decision in all the courts of this State.”

Noting that the State of Louisiana is the only state to not adopt the common law rule and further noting that pursuant to the common law, statutes in derogation of sovereignty must be strictly construed as to the “people” who hold the sovereignty under the Treaty of Peace of 1783, and not liberally construed as they are for “persons”, as they are in the statutes of most of the states of the Union.

10.

To revive and maintain a study of the common law and its maxims, as suggested by James M. Walker, in his book entitled “The Theory of the Common Law”, 2 volumes, (1852), published in Boston by Little, Brown and Company, citing selected excerpts from the “introduction” in part 1, and from “jurisprudence” in part 2:

“Jurisprudence is the knowledge of laws, their reasons, and their sources.  Knowledge of laws and their sources constitutes the history of law.  Knowledge of laws and their reasons constitutes the philosophy of law.  Without some tincture of this philosophy none can be said to understand the law; “for though a man can tell the law, yet, if he know not the reason thereof, he shall soon forget his superficial knowledge.”  To discern these reasons, it is indispensable to study the history of law.  The latter furnishes forth the facts, and in them philosophy searches for their reasons.  Philosophy does not create; it discovers the true relation of things.”

“This review shows that the Common Law presents for our investigation a continuity of doctrine, which binds the present to the past, a chain of broken rules unbroken by revolutions, and blurred by codification, in short, a body of original facts.  Without the immutability of the Scripture, it has been stable, amidst the changes of society.  It has participated in great revolutions, without being a passing incident in the life of the nation.  It is stable, because its principles are founded upon truth; it is capable of amelioration [to make better or improve], because that is of the nature of humanity.  It must, then, have a philosophy.”

“The science of law, in its most comprehensive sense, is the body of rules of human conduct which are universally recognized as obligatory.  In a more limited view, is the body of rules, which constitute the code of a particular state.  But in either sense, the basis of every system must be truth.”

“A body of law implies necessarily internal concordance or harmony of its rules.  This agreement renders the multitude of special rules a law, a unity.  They are together one law.  Thus, we must conclude that the Constitution is the “law of the land”, the common law of England, is the rule of decision, based on the law of nature.”

“ In this context, law signifies the relation between the sovereign to the government; federal to state; master to servant; government to persons; and man to man; comprised from a body of laws’ the universal law, being the relation of man to the Supreme Judge of the world.”

“This rule controls the law in every part, and in all its modes of expression, and animates [or brings to life] every member of the body politic.   It begins with the birth, lives in the history, and dies in the last scene of the national drama.  It must be found in every relation of man to man and society.  The men of high and men of low degree, each family and each child, all property, history, and literature, must bear its indelible impression.  That idea is, in short, the eminent truth of that people; and exposition of it in its application to law is the philosophy of law.  This philosophy is the element of the law and must be equally applicable to the public and private law of a state; else there would not be the law.”

“This is the basic principle of our constitutional government.  It was framed for, and adopted by, “the people of the United States.”  It is an act of the people.  It binds as a fundamental law promulgated by their sovereign authority.  In short, it was made by the people, made for the people, and responsible to the people.  Its terms are free from ambiguity, its principles simple and obvious, the subjects which it is conversant are wholly independent of things in actual visible existence, and are capable of being accurately defined.  Their properties and relations are immutable [or unchangeable].”

“In this context, one’s persona¹ and status² determines his rights, duties, capacities, incapacities, [privileges and immunities], by which man lives, moves, and has his being in society, which makes his home a temple and a fortress, that no impious hand can touch with impunity, no adversary dare assail with success.”

¹      A persona of a man is considered with reference to a certain status.  (Heineccii, Elementa Juris Civilis, Lib. 1, tit. 3, § 75; Character in virtue of which certain rights belong to a man, and certain duties are imposed upon him.  Thus, one man may unite many characters (personae); as for example, the characters of father and son, of master and servant. (Mackeldey, Cov. Law, § 117); Capacity of standing in court or in judgment (15 Johns., N.Y., 83)

2     “The rights, duties, capacities, and incapacities which determine a person to a given class, constitute his status.”  (Campb. Austin, 137).  “It also means estate, because it signifies the condition and circumstances in which one stands with regard to his property.” (2 Pollock & Maitland Eccl. Law., 11).  “The status of an individual, used as a legal term, means the legal position of the individual in or with regard to the rest of the community.” (L. R. 4 P. D. 11).