Un Reasonable Seize Marijuana-------------- Our Rights Their Betrayal

Contact our4th@ursm.usadditionlal pages at http://www.s234950599.onlinehome.us/index.html

http://www.courts.state.me.us/ MISSION of the judiciary: To administer justice by providing a safe, accessible, efficient and impartial system of dispute resolution that serves the public interest, protects individual rights, and instills respect for the law.

AMENDMENTS IV,V, AND XIV OF THE CONSTITUTION OF THE UNITED STATES

OUR RIGHTS THEIR BETRAYAL
www.ursm.us
Marijuana Laws and the Rule of Law

Present active lawsuit 2013

Members of the Judiciary: LIARS OF FACT AND LAW?

FACT Being arrested or summoned to court for violating the marijuana laws is seizure of person and deprivation of liberty. Liberty is a fundamental right.

LAW “No person shall be deprived of life, liberty and property without due process of law (see Amendments V and XIV). Liberty is a fundamental right. Due process of law requires the deprivation of a fundamental right to be justified by a compelling state interest to show the use of state police power is reasonable. What are reasonable laws, protecting the rights of other. LEGISLATURE’S HANDBOOK

http://www.maine.gov/legis/opla/2012legHandbook.pdf  D. LIMITS ON LEGISLATIVE POWERS page 48

FACT The Maine Supreme Judicial Court claims no fundamental rights are affected by the use of police power in the enforcement of marijuana laws. This court claims judicial review of the marijuana laws  and the use of police power has a rational basis and is a political question.

LAW “The right of the people to be secure in their persons, houses, papers and effects from unreasonable searches and seizures shall not be violated.” Amendment IV

MSJC STATE OF MAINE V MICHAEL J. DEE 2012 ME 2012 http://www.courts.state.me.us/opinions_orders/supreme/lawcourt/2012/12me26de.pdf

FACT: This court has declared marijuana users are non persons and marijuana is not considered property. Only persons and property are protected from unreasonable state police power and equal protection of the law. Voting to be free from police power confirms pot users are non persons and Amendment XIV is frivolous.

Fact: Dee demonstated at the State house the marijuana laws were arbitrarily enforced.

The Lie: This court claimed the marijuana penalties were not arbitrary.

COMPLAINT FILED FOR JUDICIAL MISCONDUCT

     

    

At the United Nations opening session  of the General Assembly in NYC September 24, 2013, Preaident Obama was there and a lot of police.

The United Nations and the United States, to proscribe marijuana, contravenes Articles 3, 6, 7, 8, 10, 12, and 17, of the United Nations Universal Declaration of Human Rights. http://www.un.org/en/documents/udhr/

Tens of millions have not been treated by the American judiciary “as persons before the law.” These defendants have been willfully denied equal protection of the law, Amendments IV, V, and XIV by state and “national tribunals for acts violating our fundamental rights to liberty and property secured by the Constitution of the United States. Marijuana users have never received “full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of our rights and obligations.

In the exercise of our rights and freedoms, we are “subject only to such limitations as are determined by due process of law solely for the purpose of securing due recognition and respect for the rights and freedoms of others.” http://www.un.org/rights/

HERE YOU WILL FIND WHAT LAWYERS WILL NOT TELL YOU

What NORML and the ACLU will not tell you. That being arrested is seizure of person and deprivation of liberty and seizing marijuana is deprivation of property. see Amends IV and XIV. " No person shall be deprived of life, liberty, property without due process of law."

"All ... will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression." Thomas Jefferson, First Inaugural Address In the Washington, D.C. Wednesday, March 4, 1801

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On July 9, 2013  I filed a Declaratory judgment lawsuit in Cumberland County Superior Court. Will this court again deny me as a person? That I am still claiming marijuana is a fundamental right? Little to lose.

As of October 1st there has been no response to the State's Motion To Dismiss by the superior court or my permission request after the fact.

The Maine Supreme Judicial Court is to defend individual rights. This court has knowingly refused to recognize me as a person under the constitution and protected from unreasonable police power.


White House 2012
War on Drugs Rule Without law
Police power is either reasonable of unreasonable.
Police power is to protect the rights of others.

Busted for cannabis, pot, marijuana. Plead not guilty. At trial make  a motion to dismiss on the grounds the law you are charged with lacks a compelling state interest and is an unreasonable use of police power that deprived you of your liberty and property without due process of law scured by Amendment XIV . You want the court to give you equal protection of Amendment IV. Your right to be secure in your person, houses, papers and effects from unreasonable searches and seizures, from unreasonable laws .

If you think marijuana is a political question than you accept the fact marijuana users are not considered persons and marijuana is not property. Every defendant had standing to question the constitutionality of the marijuana laws they had been charged with. But the defendant has to raise injury to fundamental rights  to liberty and property caused by the use of police power in enforcement of the marijuana laws. Injury to fundamental rights requires strict scrutiny judicial review that requires a compelling state interest. Where is the threat to the rights of others. Even today persons convicted of violating the marijuana laws have the legal right to Declaratory Judgment to declare the law you were convicted of  unconstitutional and over turn your conviction.

Do not let lawyers and others tell the court will not hear your claims. Particularly marijuana lobby groups. One of these days a judge will recognize you as a person and the deprivation of liberty and property by the use of police power.

"In the early days of the Republic, it would have been unthinkable that Congress could prohibit the local cultivation, possession, and consumption of marijuana."GONZALES V. RAICH(03-1454) 545 U.S. 1 (2005) 352 F.3d 1222,  Thomas, J., dissenting http://straylight.law.cornell.edu/supct/html/03-1454.ZD1.html 

Since 1975, Alaskans have had constitutional protection from unreasonable government intrusion to privately grow marijuana for personal use because the state lacked a compelling state interest. Ravin v Alaska http://www.s234950599.onlinehome.us/index.html

What happened to the rest of the United States?
What happened to the principle role of the judiciary defending individual rights?
 
What happened to Amendments IV, V, and XIV?

I would have to say it was planned ignorance by deception to deprive federal rights to wage the war on drugs.

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 PETITION TO REMOVE MARIJUANA AS A FEDERAL CONTROLLED SUBSTANCE
Mailed April 16, 2013. Of course no response.
OR
Online pititions
http://www.change.org/petitions/the-united-states-attorney-general-eric-holder-petition-to-remove-marijuana-as-a-federal-controlled-substance

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2012 ME 26 The Maine Supreme Judicial Court declared the marijuana laws are rational use of police power. http://www.courts.state.me.us/opinions_orders/supreme/lawcourt/2012/12me26de.pdf

COMPLAINT FILED FOR JUDICIAL MISCONDUCT
(about a 1/4 of the page down)

Against Justices of Maine Supreme Judicial Court
Liars of Fact and law
Liberty is not a fundamental right. I am not a person.

Federal Complaint
Title 18 USC 242
no response
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The topic, subject matter, of this web site on marijuana you will not find anywhere on the web including NORML, ACLU or in any state or federal court case except Ravin v Alaska (1975). http://www.s234950599.onlinehome.us/index.html

Criminalizing marijuana is an unreasonable and unnecessary use of police power that deprives persons of their fundamental right to be secure in their persons, houses, papers, and effects from unreasonable searches and seizures. Unless there is a threat to the right of others, a compelling state interest, the use of police power to enforce the marijuana laws deprives persons of their fundamental right to life, liberty, and property without due process of law.

Google " An Ugly Truth in the War on Drugs" or
http://www.nytimes.com/2013/03/11/opinion/11iht-edcardoso11.html?_r=0

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Maine Legislature 2013
Maine Constitution
http://www.maine.gov/legis/const/

Maine Constitution Article I, section 6-A "No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of that person's civil rights or be discriminated against in the exercise thereof.

LEGISLATURES’ HANDBOOK
http://www.maine.gov/legis/opla/2012legHandbook.pdf

D. LIMITS ON LEGISLATIVE POWERS                        page 48
1.Constitutiona Limitations

Not in Handbook: Explicit Legislative powers

Maine Constitution: Art. IV part 3 § 1 last sentence“ The legislature…, shall have full power to make and establish all reasonable laws and regulation… not repugnant to this constitution nor to that of the United States.

Constitution of the United States Article I Section 8 paragraph 18: “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, ….”

What is reasonable and necessary, a compelling state interest, as stated below. What is not provided? Defining a compelling state interest is protecting public safety and public welfare to use state police power to derive persons their fundamental rights to liberty and property.

a. Equal Protection

"The United States Constitution, Amendment XIV Section 1,( Equal Protection Clause) forbids any state to deny any person the equal protection of the laws.”
( see Maine Constitution Article I, section 6-A) http://www.maine.gov/legis/const/

“Laws that treat persons differently based on … the exercise fundamental constitutional rights are presumed to violate the equal protection clause and will be found to be unconstitutional unless the state has a legitimate and very compelling need for enacting any law that effects people’s exercise of certain fundamental right."

“Laws that treat persons differently based on other characteristics or in the exercise of non fundamental rights are generally presumed to be constitutional, unless there is no rational basis for the different treatment.”

b. Interstate Commerce

c. Due process ( see Maine Constitution Article I, section 6-A)

“In general substantive due process requires the state have a legitimate and very compelling need for enacting any law that effects people’s exercise of certain fundamental rights…“

2. Federal Law 
Supemacy Clause Articl VI, section 2

Example: Nuclear Power

WHAT APPLIES TO STATE LAWS APPLYS TO FEDERAL LAWS
So what is the federal compelling state interest to prohibit marijuana and use police power to deprive persons their fundandamental rights liberty and property for violatng the marijuana law?

1. Marijuana has no mediicinal use.
2. Marijuana is not a fundamental right.
3. To meet international treaty obligation.

Where is the threat to the rights of others?

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Affirmative defense from federal interference: The Fouth and Fifth Amendments of the Constitution of the United States.

Marijuana
Property Discrimination

Are you for or against the Fourth Amendment?
Security from unreasonable police power.

The federal government does not have the authority to apply federal law on intrastate commerce of marijuana because the deprivation federal rights to liberty and property by the use of police power is unreasonable and unnecessary contravening the Fourth and Fifth Amendments. Marijuana and marijuana users do not at all times pose a threat to public safety.

Marijuana is property. The right to acquire property is a fundamental right. The right to liberty is a fundamental right. Liberty and property are secured from unreasonable use of police power. Privacy is protected from unreasonable government intrusion.

It is unreasonable to use police power to prohibit the private cultivation use of marijuana or the rgulated sale of marijuana because there is no threat to public safety. Law enforcement official consider private use of marijuana as a very low priority and enforce the law arbitrarily demonstrating the law is unreasonable.

The Congress of the United States does not have the authority to proscribe the use of marijuana because the user is not a threat to the rights of others. The use of police power is not protecting public safety?

THE LAW

Maine Constitution
http://www.maine.gov/legis/const/

Article I Section 1. Natural rights. All people are born equally free and independent, and have certain natural, inherent and unalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness.

Art. IV “The legislature…, shall have full power to make and establish all reasonable laws and regulation… not repugnant to this constitution nor to that of the United States. Maine Constitution Art. IV, part 3 § 1 last sentence.

Constitution of the United States

Fourth Amendment “The right of the people to be secured in their person, houses, papers and effects from unreasonable searches and seizes shall not be violated,.” 4th Amendment (Applied to the States by the 14th Amendment).

Fourteenth Amendment “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any

Article I Section 8 paragraph 18: “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, ….”

U.S. CONTROLLED SUBSTANCE ACT

Criminalizing marijuana, the Congress of the United States capitulated the Fourth and Fifth Amendments to uphold the United Nations Single Convention on Narcotic Drugs (1961).

The Department of Justice, the Attorney General of the United States can not show marijuana is dangerous to be classified as a control substance. Marijuana is arbitrarily classified as a controlled substance and violates due process of law. Marijuana is safer to use then alcohol.

The Attorney General of the United States, by law, has the authority to remove any drug that does not meet the three criteria to be a Controlled Substance unless the classification is required by international treaties or convention. http://www.deadiversion.usdoj.gov/21cfr/21usc/811.htm

It is not at the federal level where the marijuana laws must change it is at the United Nations, If the criminalization of marijuana is to be determined to be unconstitutional by the judiciary, removing marijuana as a controlled substance does not contravene the U.N. conventions. (End of Page)

Portland Press Herald 2012-11-15
http://www.pressherald.com/news/Maine-lawmaker-seeks-to-legalize-marijuana.html
“State Rep. Mark Dion, D-Portland, “Federal law has to change first”

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War on Drugs
America's third civil war over property rights.
Slavery, Alcohol, Drugs


OUR RIGHTS THEIR BETRAYAL
The war on drugs is rule without law.

 The operation and effect of police power in the enforcement of the marijuana laws have impinged upon fundamental rights. A search warrant is an invasion of privacy. Being arrested is seizure of person and deprivation of liberty. Seizing marijuana, a personal effect, is deprivation of property.

These fundamental right are secured by the Fourth, Fifth (federal laws) or Fourteenth (state laws) Amendments. “The right of the people to be secured in their persons, houses papers and effects from unreasonable searches and seizures shall not violated” and “no person shall be deprived of life, liberty, and property without due process of law."

The Fourth Amendment has two parts. The first part refers to the reasonableness of the law. The second part refers to the reasonable operation of the law. The due process law requires laws that deprive liberty and property to be reasonable and necessary.

What is an unreasonable criminal law? There is no victim of a crime. The reasonable use of police power is to protect rights of others.

The question for the court to decide is whether the marijuana laws are reasonable or unreasonable to deprive a person's fundamental rights to liberty and to property by the use of police power.

Except for Ravin v Alaska (1975), the courts have reviewed the constitutionality of the marijuana laws by rational basis test. Using rational basis the courts have declared marijuana is not property and marijuana users are not persons. The use of police power does not have to be justified.

Lawyers and judges refuse to recognize the operation and effect of police power, to enforce the marijuana laws, is to deprive you of your fundamental, constitutional rights to privacy, to liberty and to property secured by the Fourth, Fifth or Fourteenth Amendments.

Amendment IV: “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated," and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be search, and the persons or things to be seized.”

Amendment V “No person shall be deprives of life liberty, or property without due process of law.”

Amendment XIV "nor shall any State deprive any person of life, liberty, or property, without due process of law; "

The judicial branch of government has not acknowledged that being arrested as seizure of person and deprivation of liberty. Liberty is a fundamental right.

The judicial branch of government has not acknowledged the seizure of marijuana is deprivation of property. The right to acquire property is a fundamental right.  

The judicial branch of government has not acknowledged a search warrant is an invasion of privacy, an implicit fundamental right.

The judicial branch of government has not acknowledged the first part of the Fourth Amendment refers to reasonableness of the law not the operation of the law.

Supporting the war on drugs the judicial branch of government has failed to defend individual fundamental rights to liberty, to property and privacy from unreasonable government intrusion.

WAR ON DRUGS
RULE WITHOUT LAW
Deprivation of Rights Under the Color of Law

Lawyers and judges are not  defending fundamental rights. The officers of the courts turn their backs to the fact that the enforcement of the marijuana laws impinge upon fundamental rights to liberty, to property to privacy, the right to be secure from unreasonable use of state police power, unreasonable searches and seizures.

Activist justices of the Maine Supreme Judicial Court ( Wyoming Supreme Court, US District Court of Maine) have continued to demean fundamental rights to liberty and to property secured by the 4th and 14th Amendments of the Constitution of the United States. My civil lawsuits and affirmative defense for 4th Amendment protection to possess marijuana have been label as frivolous.

The MJSC DECISION  2012 ME 26 has declared again the marijuana laws are rational use of police power, a political question and the marijuana laws that authorize the use of police power do not have to be justified. Marijuana users rights to liberty and property, the right to be secure from unreasonable searches and seizures are no longer considered  fundamental rights by lawyers and judges in the war on drugs.

Lawyers have failed to defend fundamental rights to liberty, to property and privacy of 22 million persons from unreasonable government intrusion including the lawyers at NORML and the ACLU.

Defendants have had the right to demand judges to protect their rights to privacy, to liberty and to property from unreasonable police power.  Why else are you in court if not being deprived of your liberty, property and/or privacy for violating the marijuana laws.

Affirmative defense. The federal and state marijuana laws are unreasonable police regulation of fundamental rights to liberty and to property contravening the 4th and 5th or 14th Amendments and are unconstitutional.

Because of the use of police power, the federal (C.S.A. 1970) and state marijuana laws are an Artcle III justiciable controversy for the law courts if presented correctly and not a legislative issue. see Ravin v Alaska 1975. http://www.s234950599.onlinehome.us/index.html

Why is marijuana a political question? Why does the judiciary review the constitutionality of the marijuana laws by Rational Basis? Because previous lawsuits claimed marijuana is a fundamental right and it is not a fundamental right. Marijuana is contitutionally protected by fundamental rights to liberty, to property and the protected right of privacy by the 4th, 5th or 14th Amendments.

Lawsuits by NORML did not claim the use of police power was unreasonable deprivation of privacy, liberty and property contravening the 4th, 5th, or 14th Amendments. These lawsuits did not claim marijuana was arbitrarily classified as a federal controlled substance contravening due process of law. http://www.s234950599.onlinehome.us/3.html

The use of police power to enforce the marijuana laws have unreasonably deprived millions of persons of their fundamental rights to liberty, to property, and to privacy. All of us had standing to question the use of police power that brought us to court to determine the constitutionality of the marijuana laws.

Laws that authorize police power always steps on fundamental rights and its use has always been determined to be reasonable or unreasonable not rational. Where is the victim of a crime? What is the compelling state interest? The use of rational basis to determine the constitutionality of the marijuana laws was and is deprivation of rights under the color of law.

The justices Maine Supreme Judicial Court (MSJC), have failed in its mission by  being partial, failing to protect individual rights and instilling disrespect for the law and this court. http://www.courts.state.me.us/ 

And who gains from this willful deprivation of fundamental rights by the MSJC, (the Wyoming Supreme Court and the U.S. District Court, District of Maine)? The drug cartels, organized crime and the medical marijuana industry.

Judicial review by activist judges of police regulation by rational review demeans the 4th 5th and 14th Amendments. It is willful deprivation of rights under the color of law, a federal crime Title 18 USC 242.

The members of the federal and state Judiciaries, lawyers and judges, are domestic enemies of the Constitution saying the marijuana laws are a political question. To protect our fundamental rights to liberty, to property and to privacy from police power, we must use the a political process, referendum or the legislature. The judiciary has denied it basic function, to protect individual rights from unreasonable government intrusion.

WAS

In the Suprme Court Of The United States
Writ of Certiorari


SCOTUS 2012 Petition 11-1354 
 http://www.s234950599.onlinehome.us/8.html

MSJC Decision 2012 ME 26   http://www.s234950599.onlinehome.us/5.html

Defendant's Motion to Dismiss http://www.s234950599.onlinehome.us/10.htm

Ravin v Alaska http://www.s234950599.onlinehome.us/index.html


Michael J. Dee
Appellant- Defendant
v
State of Maine
Appellee-Plaintiff

Docket No. 11-1354
Denied: June 18, 2012


Petition for Rehearing filed June 29, 2012
http://www.s234950599.onlinehome.us/8.html

Amended Question Presented for Review

Whether the proscription of marijuana by the State of Maine, Title 22 M.R.S.A. § 2383(1)(A)(2011), is unreasonable use of police power that has seized and deprived Dee of his liberty and property contravening the due process clause of the Fourteenth Amendment of the Constitution of the United States and is unconstitutional

Denied: August 13, 2012

This question is unique for SCOTUS. No lawyer has made the claim in a lower court ad brought up to SCOTUS. Lawyers want defend individual rights because they believe the courts are to political and a waste of time.

The petition for rehearing was denied and came earlier than I expected. It did not go to conference according to the distribution schedule.  I am wondering if it ever made it past the clerks office. Maybe I pushed it forward by my letter writing and demonstration and even this web site.

Activist judges have demeaned  the Bill of Rights to to sanction the war on drugs. 

SCOTUS let stand a judgment of the Maine Supreme Judicial Court (above link) that the marijuana laws are rational use of police power.There is no such thing as rational use of police power in the constitution. The use of police power is either reasonable or unreasonable (4th Amendment), necessary or unnecessary. Article I Section 8 paragraph 18

SCOTUS is allowing the use state police power for rational basis, political reasons to deprive persons of their Article III protected fundamental rights to privacy, liberty, and property. The use of police power always involves fundamentals rights. The reasonable use of police power is to protect public safety. Where is the threat to public safety possessing marijuana?

SCOTUS sanctions the deprivation of rights by rational use of police power for political reasons in contravention of the due process clause of the 14th Amendment.

The justices of the Maine Supreme Judicial Court ( and the US District Court, District of Maine and Wyoming Supreme Court) have willfully denied the enforcement of the marijuana laws deprived me of my fundamental rights to liberty and to property denying me due process of law.

The justices of the MSJC declared the use of police power is rational when the constitution requires the use of police power to be reasonable. The justices of the MSJC have willfully deprived me of my rights under ther colour of law violating Title 18 U.S.C. 241, 242.

Deprivation of Rights

Title 18 U.S.C. 242

FBI Criminal Complaint 1
Title 18 USC 242
Filed against the justices of the Maine Supreme Judicial Court
Mailed April 5, 2012 .
No acknowledgement receiving criminal complaint.
http://www.s234950599.onlinehome.us/7.html

FBI Criminal Complaint 2
Title 18 USC 242
Filed against the the justices of the Wyoming Supreme Court
Mailed April 9,2012
No acknowledgement receiving criminal complaint.
http://www.s234950599.onlinehome.us/6.html

 

I have been previously told by the Department of Justice Civil Rights Criminal Division that
Title 18 USC 242 is enforced if I was beaten by law enforcement officials.

 

Red Mass DC

Mexican Embassy

4th july sign


Sanctioned by Artcle III and state courts, the war on drugs is rule without law. A police state action depriving fundamental rights to liberty and property without due process of law. The courts have used rational basis to review the constitutionality of the marijuana laws because other petitioners have asked the courts to declare marijuana a fundamental right. It is not. Ravin v. Alaska (1975) NORML v Bell 91980)