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["Toni Hawryluk" <tonihawr AT msn.com>]

> Hey, at least we're making her work for her gov't check, and while still on 
> her butt, she's doing something more creative than grant writing.
>
>Bill
>
>Warren F. Smith wrote:

I hope you little fellas don't complain about
'male-bashing', because you deserve it. As 
for her *being* able to sit on her butt instead
being forced to use it otherwise by you ever-
so-macho whiners, that disturbs you the most .....
>From daniel-kelley AT cox.net  Mon Nov  8 18:06:02 2004
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From: "Daniel Van; Kelley" <daniel-kelley AT cox.net>
To: <homestead AT lists.ibiblio.org>
Subject: RE: [Homestead] Got a question for Daniel Van Kelley
Date: Mon, 8 Nov 2004 15:02:15 -0800
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In response to your questions:  I am too ethical to ever successfully
function under a license to practice law.  I could never abide being an
officer of the court knowing the fraud, deceit, plunder, and ignorance that
is allowed to go on in the courts.  I am too old and ignorant to be the
constitutional law professor I would want to be.

As to the law being comforting or easy to read, it never is.  The comfort
comes when you always know what your rights are and what law to invoke when
the need arises.

The greatest offenders of law are not the 1-2% of criminals in our
population.  The greatest offenders of law are our public servants.  The
worst of these are county level judges.  For the most part, the law has to
be spoon feed to these judges in each and every case.  Even then, most of
them don't have the ability to understand it, let alone apply it to the
case.  These judges want the parties to provide case cites with similar
circumstances so they can follow the past ruling of some other judge.  Now
if the other judge did not know what he was doing either you end up with a
mess on appeal.  This is usually the way it goes.

I get really angry a lot of times with some of the stuff that comes up on
this list.  I don't understand how many of the people on the list view the
sale of their private property, such as eggs, livestock, or something they
have made with their own labor, on their own land, as being taxable income.
Some municipal pinhead tells them they need a business license and tax
number to sell their private property on their on land and they don't see
anything wrong.  If a total stranger were to tell them that he wanted 20-30%
of every dollar from the sale of their private property on their private
land they would tell him to go to hell.  But, just let some dork from the
city, county or feds tell them the same thing and it is somehow ok.

Most people don't know whether the community they live in is under charter
(home rule) or if it is under general law of the State.  Municipal
ordinances are private law not public law.  There is a presumption of
consent on your part to those ordinances affecting you and your private
property.  All presumptions in law are rebutable at any time.  Simply demand
all documents that imply or express your consent to regulation by the
municipality of your private land, property and peaceful use thereof, as
though it were a part of the public domain, over which the municipality has
authority.  They can't do it.

The rules and by-laws of a homeowners association has force of law because
there is documented evidence of your consent to them.  Municipal ordinances
have no such documented evidence of your informed consent binding you to
obey them.  Imposition of municipal ordinances over private land, property,
or the peaceful use thereof is reliant upon the ignorance of law by the land
owner, and his or her perpetual need to have some self-serving municipal
idiot in government tell them what the law is and what he or she can, or can
not do.  Now, I have digressed and will stop.

Best Regards

Daniel Van; Kelley

-----Original Message-----
From: homestead-bounces AT lists.ibiblio.org
[mailto:homestead-bounces AT lists.ibiblio.org]On Behalf Of VATOCO6 AT aol.com
Sent: Sunday, November 07, 2004 9:33 PM
To: homestead AT lists.ibiblio.org
Subject: [Homestead] Got a question for Daniel Van Kelley


I feel a bit like Stan Laurel, scratching my bewildered head.

Are you a lawyer, or perhaps a constitutional law professor?

I, like James, had the value of an excellent Jesuit education. Unlike
James,
to quote an old Randy Newman song, I "went in dumb, come out dumb, too".
Mea
culpa. Was too busy trying to save the world, a cheap drink at a time. Or
maybe it was the fact that they don't accept women into the seminary. But I
digress.

I have never found the law easy nor comforting to read. How did you come to
be so seemingly comfortable with it?

Tammy in Colorado
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