DNAprotection
Well-Known Member
About a decade ago I filed suit against the Federal gov claiming protections under the 9th amendment (also had other causes of action including a 1st amendment argument) for the human right to grow any plant for my own uses outside of commerce, and of course I claimed that gov had no jurisdictional authority to outlaw any plant species etc..
In one of the first hearings the Judge tossed out the 9th amen argument, his reasoning was that an individual litigant cannot reach for the 9th amen whatsoever if attempting to claim a right 'held by the People' etc and that the 9th amen exists in court in the context of being simply a judges tool for interpreting the rest of the Constitution when adjudicating any particular case etc...
I've chewed on that judges words now for 10 years and I've come to the conclusion that he was correct.
Only the People can reach for the 9th amen to declare any certain right held by the People, and it is only after such, that a litigant can reach for said rights and the Constitutional protections afforded etc...Makes perfect sense, if we the People don't declare the certain rights held by the People, then its not there for a judge(s) to confirm, and its not a judge's place to make such a declaration on behalf of the People, so in the end it's nobody's fault but our's if we don't exercise the terms of our Constitutional contract...
We are attempting to do just that here in Lake County with the (final and filed version) proposed measure here below.
On Friday the 21st (no later then 5pm) we will be issued a title and summary by the County, then we publish by Wednesday and start gathering signatures on Thursday, then we have about 60 days to collect the 2,115 sigs needed to make it on the ballot, but we are of course aiming to get over 4,000 sigs at least.
I'll be posting updates here for any who are interested, thanks...
The People of the County of Lake, in the State of California, do hereby decree:
'The Freedom to Garden Human Rights Restoration Act of 2014'
An Ordinance to restore the natural Human Right to grow and use plants for the basic necessities of life.
Whereas in the State of California, the People of the County of Lake do hereby Find, Declare and Ordain as follows:
When in the course of human events, it becomes necessary for people to reaffirm and reestablish the fundamental human rights with which they are naturally endowed, and to assume among the powers of the earth, the equal station to which the laws of nature and of nature's origins entitle them, and to recognize a decent respect for the opinions of humankind, requires that they should declare the causes which compel them to come forward toward the reestablishment of those rights.
We hold these truths to be self-evident:
That all humans beings are created equal. That human beings are naturally endowed with certain rights, and that among these are life, liberty and the pursuit of happiness, and that to secure these rights, governments are instituted, deriving their just powers from the consent of the governed, and that whenever any form of government becomes destructive of these ends, it is the right of the people to re-declare and reestablish the inherent human rights that would intrinsically correct such governmental negligence, and to reconstitute such in a form as to them shall seem most likely to effect their safety and happiness.
Therefore, in accordance with the 9th Amendment of the Constitution of the United States of America,
Amendment IX:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.",
and also in accordance with the California State Constitution, Article 1 Declaration of Rights, Section 21.: ..."This declaration of rights may not be construed to impair or deny others retained by the people.",
and, also as consistent with County of Lake Ordinance No. 2267 in relation to private property rights, and,
whereas disregard and contempt for certain human rights have resulted in barbarous acts which have outraged the conscience of humankind, and, whereas in a world which human beings endeavor to enjoy freedom of speech and belief, and where freedom from fear and want has been proclaimed as the highest aspiration of peoples everywhere, be it here proclaimed that it has become necessary to reaffirm and specifically re-constitute the self evident inherent freedom to grow and use plants as described herein:
Section 1., Findings:
That human beings are naturally endowed with the fundamental self evident right to have and grow the natural plants of this earth, and the naturally occurring seeds thereof, to be used for their own needs as individuals in pursuit of life and in effort to live, and that such basic human rights have been recognized and acknowledged to exist, and that these rights are held in perpetuity outside of the constitutional responsibility of a government to protect an individual's right to engage in commerce.
Section 1.(a)
That all County of Lake residents residing within the unincorporated areas of the County who exercise the rights described in Section 1. of this Act at their residence within said area, and are compliant with Section 2.(a), and are gardening outside (outdoors) or in a greenhouse (and not withstanding any generally applicable urgency ordinance(s) specifically relating to water conservation), are, as accorded in the paragraphs above, necessarily exempt from any County permitting or other County ordinances that would limit an individual's home gardening efforts or abilities in conjunction with Section 1.
Section 1.(b)
That any law, to the extent that it would specifically deny or disparage the human rights as described in Section 1. of this Act is unconstitutional by both the Federal Constitutions 9th Amendment, and also by the State Constitutions Article 1 Declaration of Rights, Section 21, and by the fact that such self evident human rights are held in perpetuity by the People.
Section 2., Responsibilities:
Should neighbor complaints that are not related to Section 2.(a) herein, or that are not related to a specific medically verifiable toxic health risk to the public arise as an official complaint to the County as a result of an individual(s) exercising the rights as described in Section 1., and Section 1.(a), (and not withstanding any effected party choosing to seek remedy and or reparations by way of litigation through civil proceedings), all the effected parties shall be directed to mediation provided for by the County of Lake, and if resolution between the effected parties cannot be achieved in a reasonable effort to mediate (to be determined by the appointed mediator), the effected parties shall then continue mediation at their own expense (to be equally divided between the effected parties) until a resolution between the parties can be agreed upon, or until one of the effected parties withdraws from the mediation.
Section 2.(a)
All who exercise the rights described in Section 1., and Section 1.(a) of this Act, shall take reasonable care to prevent environmental destruction, and are responsible to mitigate any possible foreseen negative impacts on the natural environments, and all persons who neglect such practices shall be subject to the authority designated under Section 2.(b) herein, but such remedies are to be used to help individuals come into compliance with this section and not to unreasonably burden individuals who exercise the rights described in Section 1.
Section 2.(b)
The County of Lake Environmental Health Department shall administer over individual circumstances that may arise related to Section 2. and Section 2.(a) herein, but all such administrative authority and compliance inquiries shall be restricted to circumstances where a verifiable neighbor (or resident of the county) complaint in writing and signed by the complainant has been officially registered with the county.
Section 3., Special Circumstances:
Any law, to the extent that it would specifically deny or disparage the Human Rights as described in Section 1. of this Act, (and not withstanding an individual in violation of using illegal gardening chemicals, including but not limited to, certain pesticides, herbicides, fungicides and fertilizers), is to be set aside unless it can be determined that the individual circumstance is occurring within the context of "commerce" related activities as defined herein, or if an individual's violation(s) of Section 2.(a) of this Act are to the extent of violating a criminal statute.
Section 3.(a)
This Act shall not apply in circumstances where (a) private rental or lease agreement(s) (contract) exist(s) pertaining to the occupancy and or use of any private land unless such is otherwise specifically enumerated within said agreement(s) (contract), or unless the agreement(s) (contract) does not specify any conditions or agreement pertaining to outside (or greenhouse) home gardening.
Section 4., Definitions:
(a) For the express purposes of this Act, the word "commerce" shall be taken to mean:
The buying and selling of goods or services in any form, and in direct reference to the exchange of United States currency (or other such legally recognized tender) for such goods or services.
(b) For the express purposes of this Act, the words phrased as "compliance inquiries" shall be taken to mean:
A written and delivered inquiry, and an in person inquiry as to responding to (a) specific complaint(s), and to which access to inspect private property shall only be in circumstances where the respondent has voluntarily agreed to and granted such access, or where on an individual basis, a court order has provided for such access.
(c) For the express purposes of Section 1. of this Act, the words phrased as "to be used for their own needs" shall be taken to mean:
For use as food, medicine, fiber, fuel, building materials, environmental damage mitigation or other environmental concerns, privacy, aesthetics or ambiance, spiritual/religious requirement, (or other) basic necessities of life.
(d) For the express purposes of Section 1. of this Act, the word "natural" and the words phrased as "naturally occurring" shall be taken to mean:
Plant species and varieties of such that have evolved in nature through the traditional pollination and cross pollination processes, be that by wind/weather, or animal (including human) assistance.
(e) For the express purposes of Section 1.(a) and Section 3.(a) of this Act, the word "greenhouse" shall be taken to mean:
Any structure where the sun's light can penetrate at least 80% of the roof (ceiling or top) surface and that is intended for and used for growing plants in.
Section 5., Severability:
If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. The People of the County of Lake hereby declare that we would have adopted this Act irrespective of the invalidity of any particular portion thereof.
________________________________________________________________________________________________
The ultimate authority rests with the people, and there's plain and simple language in the Declaration of Independence which describes exactly why government exists and how the ultimate authority always rests with the People...
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it,"...
The State and Federal Constitution's also provide the language to assure that the People always have reach to declare certain rights that are help by the People:
9th Amendment of the Constitution of the United States of America,
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.",
California State Constitution, Article 1 Declaration of Rights, Section 21.: ...
"This declaration of rights may not be construed to impair or deny others retained by the people."
Then at last the California Initiative process provides the appropriate avenue for remedy in declaring what such certain rights are.
https://www.youtube.com/watch?v=SdOEindANdY
In one of the first hearings the Judge tossed out the 9th amen argument, his reasoning was that an individual litigant cannot reach for the 9th amen whatsoever if attempting to claim a right 'held by the People' etc and that the 9th amen exists in court in the context of being simply a judges tool for interpreting the rest of the Constitution when adjudicating any particular case etc...
I've chewed on that judges words now for 10 years and I've come to the conclusion that he was correct.
Only the People can reach for the 9th amen to declare any certain right held by the People, and it is only after such, that a litigant can reach for said rights and the Constitutional protections afforded etc...Makes perfect sense, if we the People don't declare the certain rights held by the People, then its not there for a judge(s) to confirm, and its not a judge's place to make such a declaration on behalf of the People, so in the end it's nobody's fault but our's if we don't exercise the terms of our Constitutional contract...
We are attempting to do just that here in Lake County with the (final and filed version) proposed measure here below.
On Friday the 21st (no later then 5pm) we will be issued a title and summary by the County, then we publish by Wednesday and start gathering signatures on Thursday, then we have about 60 days to collect the 2,115 sigs needed to make it on the ballot, but we are of course aiming to get over 4,000 sigs at least.
I'll be posting updates here for any who are interested, thanks...
The People of the County of Lake, in the State of California, do hereby decree:
'The Freedom to Garden Human Rights Restoration Act of 2014'
An Ordinance to restore the natural Human Right to grow and use plants for the basic necessities of life.
Whereas in the State of California, the People of the County of Lake do hereby Find, Declare and Ordain as follows:
When in the course of human events, it becomes necessary for people to reaffirm and reestablish the fundamental human rights with which they are naturally endowed, and to assume among the powers of the earth, the equal station to which the laws of nature and of nature's origins entitle them, and to recognize a decent respect for the opinions of humankind, requires that they should declare the causes which compel them to come forward toward the reestablishment of those rights.
We hold these truths to be self-evident:
That all humans beings are created equal. That human beings are naturally endowed with certain rights, and that among these are life, liberty and the pursuit of happiness, and that to secure these rights, governments are instituted, deriving their just powers from the consent of the governed, and that whenever any form of government becomes destructive of these ends, it is the right of the people to re-declare and reestablish the inherent human rights that would intrinsically correct such governmental negligence, and to reconstitute such in a form as to them shall seem most likely to effect their safety and happiness.
Therefore, in accordance with the 9th Amendment of the Constitution of the United States of America,
Amendment IX:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.",
and also in accordance with the California State Constitution, Article 1 Declaration of Rights, Section 21.: ..."This declaration of rights may not be construed to impair or deny others retained by the people.",
and, also as consistent with County of Lake Ordinance No. 2267 in relation to private property rights, and,
whereas disregard and contempt for certain human rights have resulted in barbarous acts which have outraged the conscience of humankind, and, whereas in a world which human beings endeavor to enjoy freedom of speech and belief, and where freedom from fear and want has been proclaimed as the highest aspiration of peoples everywhere, be it here proclaimed that it has become necessary to reaffirm and specifically re-constitute the self evident inherent freedom to grow and use plants as described herein:
Section 1., Findings:
That human beings are naturally endowed with the fundamental self evident right to have and grow the natural plants of this earth, and the naturally occurring seeds thereof, to be used for their own needs as individuals in pursuit of life and in effort to live, and that such basic human rights have been recognized and acknowledged to exist, and that these rights are held in perpetuity outside of the constitutional responsibility of a government to protect an individual's right to engage in commerce.
Section 1.(a)
That all County of Lake residents residing within the unincorporated areas of the County who exercise the rights described in Section 1. of this Act at their residence within said area, and are compliant with Section 2.(a), and are gardening outside (outdoors) or in a greenhouse (and not withstanding any generally applicable urgency ordinance(s) specifically relating to water conservation), are, as accorded in the paragraphs above, necessarily exempt from any County permitting or other County ordinances that would limit an individual's home gardening efforts or abilities in conjunction with Section 1.
Section 1.(b)
That any law, to the extent that it would specifically deny or disparage the human rights as described in Section 1. of this Act is unconstitutional by both the Federal Constitutions 9th Amendment, and also by the State Constitutions Article 1 Declaration of Rights, Section 21, and by the fact that such self evident human rights are held in perpetuity by the People.
Section 2., Responsibilities:
Should neighbor complaints that are not related to Section 2.(a) herein, or that are not related to a specific medically verifiable toxic health risk to the public arise as an official complaint to the County as a result of an individual(s) exercising the rights as described in Section 1., and Section 1.(a), (and not withstanding any effected party choosing to seek remedy and or reparations by way of litigation through civil proceedings), all the effected parties shall be directed to mediation provided for by the County of Lake, and if resolution between the effected parties cannot be achieved in a reasonable effort to mediate (to be determined by the appointed mediator), the effected parties shall then continue mediation at their own expense (to be equally divided between the effected parties) until a resolution between the parties can be agreed upon, or until one of the effected parties withdraws from the mediation.
Section 2.(a)
All who exercise the rights described in Section 1., and Section 1.(a) of this Act, shall take reasonable care to prevent environmental destruction, and are responsible to mitigate any possible foreseen negative impacts on the natural environments, and all persons who neglect such practices shall be subject to the authority designated under Section 2.(b) herein, but such remedies are to be used to help individuals come into compliance with this section and not to unreasonably burden individuals who exercise the rights described in Section 1.
Section 2.(b)
The County of Lake Environmental Health Department shall administer over individual circumstances that may arise related to Section 2. and Section 2.(a) herein, but all such administrative authority and compliance inquiries shall be restricted to circumstances where a verifiable neighbor (or resident of the county) complaint in writing and signed by the complainant has been officially registered with the county.
Section 3., Special Circumstances:
Any law, to the extent that it would specifically deny or disparage the Human Rights as described in Section 1. of this Act, (and not withstanding an individual in violation of using illegal gardening chemicals, including but not limited to, certain pesticides, herbicides, fungicides and fertilizers), is to be set aside unless it can be determined that the individual circumstance is occurring within the context of "commerce" related activities as defined herein, or if an individual's violation(s) of Section 2.(a) of this Act are to the extent of violating a criminal statute.
Section 3.(a)
This Act shall not apply in circumstances where (a) private rental or lease agreement(s) (contract) exist(s) pertaining to the occupancy and or use of any private land unless such is otherwise specifically enumerated within said agreement(s) (contract), or unless the agreement(s) (contract) does not specify any conditions or agreement pertaining to outside (or greenhouse) home gardening.
Section 4., Definitions:
(a) For the express purposes of this Act, the word "commerce" shall be taken to mean:
The buying and selling of goods or services in any form, and in direct reference to the exchange of United States currency (or other such legally recognized tender) for such goods or services.
(b) For the express purposes of this Act, the words phrased as "compliance inquiries" shall be taken to mean:
A written and delivered inquiry, and an in person inquiry as to responding to (a) specific complaint(s), and to which access to inspect private property shall only be in circumstances where the respondent has voluntarily agreed to and granted such access, or where on an individual basis, a court order has provided for such access.
(c) For the express purposes of Section 1. of this Act, the words phrased as "to be used for their own needs" shall be taken to mean:
For use as food, medicine, fiber, fuel, building materials, environmental damage mitigation or other environmental concerns, privacy, aesthetics or ambiance, spiritual/religious requirement, (or other) basic necessities of life.
(d) For the express purposes of Section 1. of this Act, the word "natural" and the words phrased as "naturally occurring" shall be taken to mean:
Plant species and varieties of such that have evolved in nature through the traditional pollination and cross pollination processes, be that by wind/weather, or animal (including human) assistance.
(e) For the express purposes of Section 1.(a) and Section 3.(a) of this Act, the word "greenhouse" shall be taken to mean:
Any structure where the sun's light can penetrate at least 80% of the roof (ceiling or top) surface and that is intended for and used for growing plants in.
Section 5., Severability:
If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. The People of the County of Lake hereby declare that we would have adopted this Act irrespective of the invalidity of any particular portion thereof.
________________________________________________________________________________________________
The ultimate authority rests with the people, and there's plain and simple language in the Declaration of Independence which describes exactly why government exists and how the ultimate authority always rests with the People...
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed,That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it,"...
The State and Federal Constitution's also provide the language to assure that the People always have reach to declare certain rights that are help by the People:
9th Amendment of the Constitution of the United States of America,
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.",
California State Constitution, Article 1 Declaration of Rights, Section 21.: ...
"This declaration of rights may not be construed to impair or deny others retained by the people."
Then at last the California Initiative process provides the appropriate avenue for remedy in declaring what such certain rights are.
https://www.youtube.com/watch?v=SdOEindANdY
