Fightin for the people

This defense in my hometown municipal court admitedly over something miniscule, worked. However the issues it raises, were not delved into. The court was not a catlyst to passion and change, but very cold blooded, and uncaring about the general ills of society, i pointed out, that it is possible for court to improve.

Vic Fedorov

219 Yardville-Allentown Rd

Yardville N.J. 08620

HT 152492

Driving without license(since renewed)

May 8, 2012

Judge Douglas Hoffman:

First let me say I am grateful for the police officer discerning I was driving without a license, because I was unaware of the fact, and needed this brought to my attention. My license had expired at the end of 2012. I was unaware of this and failed to renew it because I had moved once, in 2011, to a new address, and got my license changed to match my new license, and then moved again, to Yardville, upon which I tried to change the address on my license, for which the dmv corresponded I would have to do this in person. When I received my renewal of my license by mail form, I confused that as corresponding to the issue of getting my current address on my license, and so neglected to renew. This was disorganized, I know. I was distracted by a case I have before N.J. Appellate Court which attracts a significant portion of my attention and concern. (A-000478-12)

However, my conscience would twinge, if I did not bring up the following in this motion, and seek relief of dismissal or otherwise, in its consideration.

1) Peaceful Assembly is a form of local decision making through ayes and nays of all present, or quorums of hundreds. It was practiced in N.J. into the 1900’s, in New England today, and in classical times. This is what is protected in the bill of rights. This is what is abridged by local officials, and their incorporation through the state constitution of 1947.

2) The tenth amendment, (The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.) reserves powers not given to the federal government by its constitution, to the state or the people. Local officials are neither. The tenth amendment is violated. This ignorance and difficulty accepting this, is due to our media and education being ignorant. If these assertions, were in the domain of our news media, they could be readily apprehended and discussed honestly. As they are not, it seems our dialogue and ability, restricted to what media covers. This makes our media suspicious. The only way to explain it, higher power. Yet that too, is not covered, by that that deems importance and public. Yet it is important, for courts to consider this, and to see the hypocrisy of enforcing laws, while unaware of the important ones, which allow an illegal concentration of local power.

3) Rule 7:7:1 states if an ordinance is unconstitutional, it is not valid. “A defense or objection capable of determination without trial of the general issue, shall e raised before trial by motion to dismiss or for other appropriate relief, except that a motion to dismiss based upon lack of jurisdiction or the unconstitutionality of a municipal ordinance may be made at any time” This latter is what I assert and seek.

The entire structure of local organization is unconstitutional. A mayor, who is neither state, nor the people; appointing a municipal court judge; exercises a power not given to the federal government, in defining how local offenses are handled, so then do you have the right to adjudicate? The structure of police, defined by ordinance created by local officials, is thus unconstitutional. While I completely agree the offense of an expired license, wrong, and worthy of correction, which I have done, see enclosed, I am inflicting collateral damage in my assertions, upon the forces empowered to punish local offenses; with the intent of rendering their authority here, to fine me, nugatory. Again, I seek this relief, out of my ability to apply laws, and the inherent good within: consistent with political power being inherent in the people, and their right to alter and reform government to public benefit. In no way, do I not understand your situation and predicament, and am grateful for your consideration and court. To me, this matter, is not a man-made one, but signifies something greater, and worthy of consideration, important, consistent with court.

4) State v. Barchevski 181 N.J. Super.34, 436 A.2d 550 speaks to this. “A defendant has an essential and fundamental right to interpose a defense based on the invalidity of a legislative or quasi legislative action upon which the prosecution is predicated.” “The Law Division apparently overlooked the authority of the rules of  the court above cited, which expressly recognizes the right and opportunity of a defendant in a criminal or quasi-criminal matter to attack, by way of defense to the charge,…the validity of the regulation upon which the charge is based”

5) Recognizing here, Article 1 2a of the N.J. Constitution, is analogous to be certified as class action. Class action is for economic relief, and lumps together cases so they may adjudicated easier: And so that people of less means, may petition for redress of their grievance, against a corporation of much greater means. 2.  a.  All political power is inherent in the people.  Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.

I argue, 2a, enables the same for political issues. A recognition, of a need for reform or altering government, in this case the manifestation of state constitution, and/or seeking such, for public benefit; empowering the party pursuant to 2a, serves same purposes, of enabling taking on a government whose ways are much stronger than the individual; and forcing the courts to deal with issues, it otherwise, ignores, or easily avoids.

Class action has been supported by the N.J. Supreme Court,
Consistently, and I hope courts here see the analogy of
purpose for political concerns, such as here.

6) In this sense, you may see this motion as a writ quo warranto, questioning the authority of the authority over this case.

7) This protective action combats unconstitutional deprivations, consistent with the 14th amendment, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”

8) As I have little faith, in your ability to manifest concern for these larger issues,  I ask you respectfully dismiss the case, aware, that my license, long renewed.

9) Pursuant to title 42 Section 1983 Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory
relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.   

 

 

                         Gratefully Yours

                  Vic Fedorov

_____________________________________________________________________________________________________________________

PLEADINGS
__________________________________________________________________________________________________________________

PLEADINGS regarding
Vic Fedorov
219 Yardville-Allentown Rd
Yardville N.J. 08620

HT 152492
Driving without license(since renewed)

For Hamilton N.J. Municipal Ct
Pleading 1

1) Having brought this up before, people make two mistakes, I wish to preemptively address.

2) The first is that peaceful assembly is a form of protest. It is not. What is protected is a form of local decision-making by the people with ayes and nays. This is practiced in New England towns, which require quorums of 240. Was practiced in N.J. into the 1900’s; and a form to registering popular opinion throughout classical times. (This is a good issue for courts to balance)

3) The second mistake, alleges, if the tenth amendment reserves powers not given to the federal government by U.S. Constitution, to the state or the people; the state can give those powers to local officials through an incorporation of the Constitution of 1947 of N.J.. This also is frankly ignorant. Local officials are neither state nor people. The law library is filled of the annals of state legislature regulating towns, town by town. But the constitutional alternative to that, is ayes and nays by many locals in peaceful assembly, not incorporation.

4) I’d like to explain how these misgivings can be had. These two concepts, of the same nature, in the bill of rights, are neither taught, nor known through news media. That these are ideas are outside the realm of public opinion, and unintroduced, so there is not formula or knowledge for the mind to draw upon. We can see how limited and close we are, to what public opinion is aware of. Do not disparage ideas with ignorance, address the issue of ignorance, per professional concern.

Pleading 2

1) Both article 1 2a 2. a. of the new jersey constitution “All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it,” and the notion of class action, accomplish similar goals. They force and enable courts to examine and address, what power and authority, may weigh against. (As does the right to petition the government for redress of grievance”)

2) Certainly there is a class action concern, to the issues of local official and local government in general; But in particular, to Judges and Prosecutors and Public Defenders, not being chose by local officials, but the state or the people.

3) If you can not be entrusted with constitutional concerns, may I through the courts, reassure you, that unconstitutional appointments, absolvable?

4) These concerns can addressed in motions for relief, or dismissal, but they are undeniably class action concerns, and article 1 2a, gives us the chance to affirm the benefit and discussion of these benefits honestly, in court. For Article 1 2a, seems naturally meant to invoke in a court case.

5) When we individuals disparage the classical notion of the people coming together, and thinking together, empowered and awakened, by peaceful assembly, it is not on the merits of peaceful assembly, but hiding something preceding local community. They have yet to realize the absence and absolution truly peaceful assembly attains—the recognition the people haven’t come together, because they couldn’t. And the recognition corruption, and perversion, can keep authority from leaning in this right direction.

6) Rutgers Law Journal: 2012 ” The N.J. Supreme Court extended the virtues of class action device as a means of gaining equal access to Justice for those who have small claims and unqual bargaining power.” Lee “Class action is a devise that allows an otherwise vulnerable class……thus providing a procedure to remedy a wrong that might otherwise go undressed.”

Plead three: What I expect

Hamilton Township Municipal Court
Judge Hoffman
Summons Number HT152492
Violation Date 1/23/13

State v. Victor A. Fedorov

Pleading: How I expect the matter to go

1) How I expect trial or hearing to go
2) Make as easy to see as possibleg local officials violate tenth and abridge peaceful as possible, includes appointing local judiciary.
3) No right to your authority, appointed wrong; case going around where ca.prosecute for marijuanna, as schedule one, when recognized medicinally – dismissal, further inquiry
4) To be sure, you prosecute and reform people, so fair for me to attempt so with you.
5) 7:7:1grounds for dismissal. ETrust in people who know law
6) Judiciary and local officials, by concentrating power, create vulnerability to criminals, statutes need judges. So th.is violation of appointment; super concentrates local officials and judges through appointment, whatever graft is possible, a little more simple now.
7) The corrupted are least likely to circle or peacefully assembly, for they fear their past deeds. Yet were decisions made in local peaceful assembly, public benefit, very good
8) The second part then would be your decision to dismiss case, as court is constitutionally constructed, and 7:7:1 ; or realize there are important issues here to act on for public benefit.
9) At this point, I would cite article 1 2a of the N.J. Constitution, which empowers people to reform government, as made for the court s, much the way right to petition government for redress of grievance has “government” meaning “courts” ex A and petition, a court term. We may have the right to alter and reform the government at all times, but the law only realistically applies in court.
So the third part would be what I compel through this. 2a, and we can discuss these options.
These are remedies to suggest, we could invoke under2a. a) Report the flaw to appropriate state agency, judicial or legislative b) Refer case to law division c) What would you do, suggest? d )make this an agenda item council meeting the 16th, by which I mean include the issue of letting the people assembly and make local decisions with ayes and nays of all present. e) Inform the media of this issue f) Discuss how this omission and ignorance and corruption of law go on, the only answer is a spiritual explanation, that explains how easy this scenario is created. This last discussion would have wide ranging effect

Hamilton Township Municipal Court
Judge Hoffman
Summons Number HT152492
Violation Date 1/23/13
State v. Victor A. Fedorov
Plead 4
1) I Could use some feedback, It’s not about the case, but you, the system. Do you need more focus on the facts, the laws; or more focus on the spiritual.?

2) Why not have responded to me, raise issues in advance of the court? That would be professional.

3) Because it’s obviously true, and a bad situation, and you would have corrected it long ago. If you can’t have corrected this in the past, how can we expect a professional reaponse now?

4) This implies the situation is out of control, and local government, bad for its flaws. You would know this better than me. Out of control, unlawful situation, by which I mean, you can’t control it. Can you admit you see the hypocrisy here, as so many must, before you.?

5) What holds you back; from correction, from responding in advance? Is the crime nexus making money off local officials and courts, threatening you? Are you worried the exposure of unconstitutional local incorporation, across the news media, will embarrass you? Or, are you as restricted now, as you have always been, by higher power? Is the lord here? Holding you back?

6) For these questions, I need to call the prosecutor to the stand and if he ably objects, any official should do.

7) Is it possible to get into a discussion of how control by higher power is possible?

Pleading 5 More about the stand

8) Now to me, the matter, is not about my case, and laws therein; but the ability of judges to enforce law; We are not a nation of law, but a nation of judges, limited to what judges are capable of, and not the free and easy rule of law. We can have good, just laws, in our constitutions protecting peaceful assembly and reserving powers to the state or the people; but as we see, without judges to enforce them, without journalists, and lawyers aware of them; these laws do nothing; are the sugarcoating of a constitutional apple with a rotten core. The work is here is critical, mysterious, important, and beneficial to public and state.
9) So we have to get into the issue of whether officials are held back, by their acqueiscence to crime, and all the interests who ostentasibly benefit from ignorance, or whether this totalitarian and constitutional nature is caused by higher power, as such seems beyond human will and desire. Do you believe there is a design, to constitutions, to facilitate crime hiding behind few officials?
10) Have you ever of these laws cited they way I cite them? Is the illegality of this system, ever factored into your thinking.? Can I ask if you know of crime, or criminal integration into system, and would that hold back a recognition of law? But then how would the media, and how would lawyers not know of this? There is no purposeful cover-up, is there, of the virtue and validity of local decision-making in peaceful assembly, that you know of? If you are aware of this, would you or would you not, see and correct this, and why. What do you think of the equation that surmises these lapses in law, are through God? Do you feel any control upon you?
12) This is a huge thing, the ignorance of local benefit of local peaceful assemblies; Is it too big for you to deal with? Where is the psychology of seeing something wrong and correcting it. Don’t you do this for a living? Is questioning your own authority, honestly too hard? Or just beyond what God allows?
13) We need to understand how the state is thinking, for which we’d like to call an official, preferably the prosecutor, and or a policeman, to the stand.

It’s like we have a real problem here is judges can’t understand this.

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