1	MISSOURI I’ll bet you didn’t know that you live in a dictatorship! by James T. Byrne
2	An investigation into what happens when a Missouri Circuit Court Judge rules a Missouri Statute to be unconstitutional.
3
4	You must know what the law is before you can determine what is wrong. The following slides will provide you with vital information that should be understood by every Missourian. The information provided will not leave you prepared for trial. Our legal system is full of obscure rules and forms of presentation. This information will allow you to assist in your own defense, and increase your ability to ensure that your attorney is actually looking out for your best interest.
5	Hyperlinks Much of the material in this presentation can be researched via hyperlink. These hyperlinks appear as underlined words or phrases. By clicking on the hyperlink, an internet browser window will open to provide you with more information on the subject.
6	"“If Tyranny and Oppression..." “If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.” -James Madison, fourth President of the United States (1809-1817).
7	"Sources of Law" Sources of Law In Missouri we are guided by multiple sources of law. Constitutional Law Statutory Law Common Law Case Law
8	Constitutional Law The U.S. Constitution is the supreme law of the United States. The Missouri Constitution is the supreme law of Missouri. The Missouri Constitution is subservient to the U.S. Constitution in that nothing in the Missouri Constitution can be repugnant to or inconsistent with the U.S. Constitution.
9	Statutory Law Acts of the Missouri Legislature are known as Statutes. Sometimes The United States and other states refer to statutes as Codes, or as Acts. i.e. U.S. Code Many statutes have their roots in common law, but have been further defined by the General Assembly. Missouri Statutes are published in the Revised Statutes of Missouri =RSMo
10	Common Law This is the oldest law that is followed by Missouri courts, and is the basis for much of our statutory law. Common law rights are property or other legal rights that do not absolutely require formal registration in order to enforce them. English "common law" dates to the reign of Henry II (1154 - 1189); see Winston S. Churchill's History of the English-Speaking Peoples, Vol. I, chapter 13. Wikipedia – Restatement of the Law The Missouri General Assembly established the acceptance of common law by RSMo 1.010.
11	Revised Statute of Missouri 1.010 The common law of England and all statutes and acts of parliament made prior to the fourth year of the reign of James the First, of a general nature, which are not local to that kingdom and not repugnant to or inconsistent with the Constitution of the United States, the constitution of this state, or the statute laws in force for the time being, are the rule of action and decision in this state, any custom or usage to the contrary notwithstanding, but no act of the general assembly or law of this state shall be held to be invalid, or limited in its scope or effect by the courts of this state, for the reason that it is in derogation of, or in conflict with, the common law, or with such statutes or acts of parliament; but all acts of the general assembly, or laws, shall be liberally construed, so as to effectuate the true intent and meaning thereof. Do you think they could have added a few more words to that sentence?
12	Case Law The decisions of all appellate courts, that are identified as precedential, are issued in a written opinion by the court. This is known as case law. These opinions are used to ensure that other courts issue judgments in continuity with the previous controlling courts decision. This is known as following the Doctrine of Stare Decisis.
13	Case Law (cont’d) Stare Decisis, pronounced stare-E dis-eye-sis (“to stand by things decided") is a Latin legal term, used in common law systems to express the notion that prior court decisions must be recognized as precedents, according to case law. Not everything in a courts opinion is case law. Only items that were presented to the appellate court for determination become case law. Obiter Dictum, Latin for a statement "said by the way", is a remark or observation made by a judge that, although included in the body of the court's opinion, does not form a necessary part of the court's decision. Sometimes just referred to as “dicta”.
14	Understanding Case Law Decoding the Court’s Opinion Opinions issued by the Courts can be very tedious to read. They are written using words that appear to be from a time long past. They contain references that must be from a language that only attorneys can understand, but when you break them down, they become much easier to comprehend. The references contained in the Court’s opinion are known as citations. A citation is the identifier for the authority used by the court that directs the reader to the law that is being used to support the statement being made. This supporting law could be the Constitution, applicable statute, or a previous case. (seen as Mo. Const, RSMo, or Bleacher v. Bach, 423 S.W. 2d 561, 567 (Mo. App. ED 1994).
15	Case Citations How do I read a case citation? What do all the numbers and letters mean? Are they important? The case citation provides the following four critical pieces of information: the name of the actual case; the physical volumes where the case can be found; the court that decided the case; and, the year the case was decided. i.e. Bleacher v. Bach, 423 S.W. 2d 561, 567 (Mo. App. ED 1994)
16	Decoding a Case Citation Bleacher v. Bach, 423 S.W. 2d 561, 567 (Mo. App. ED 1994) (this is not a real case) Bleacher v. Bach - is the name of the case being cited as precedential authority for the statement being made. 432 S.W. 2d 561, 567 - Identifies where the opinion of the case is published. It directs the reader to the source where the case can be found: in volume 432 of the South Western Reporter, Second Series, beginning at page 561 with page 567 containing the subject that the opinion author is using to support their statement. Missouri reports in the South Western Reporter and others. Other courts report their opinions to other sources. i.e. United States Law Week –USLW, U.S. Reports -U.S.. (Mo. App. ED 1994) The opinion was issued by the Eastern District of the Missouri Court of Appeals in 1994.
17	Look it up! The hyperlinks presented in previous slides directed you to the U.S. and Missouri Constitutions and The Revised Statutes of Missouri. Looking up case law, using the citation provided in an opinion takes a little more work. You can subscribe to an online agency like Westlaw, LexisNexis, or Loislaw. You can also go to the law library at a local school of law. The staff at the Washington University School of Law, and Saint Louis University School of Law libraries have always been very helpful in locating case law. Many public libraries can also assist you with finding case law. After a couple of tries it becomes relatively easy to locate case law.
18	Don’t be fooled! Remember stare decisis and obiter dictum from slide #11? A less than ethical attorney or judge may cite a case, in a petition or motion to the court, or in an opinion from the court, that actually has nothing to do with the statement that they are making. This provides legitimacy that doesn’t actually exist. The case cited may contain the words being quoted, but in actuality, when read in context, lends no support for the statement being made. If the statement referenced by the citation was not a matter being decided by the court that issued that opinion, it would merely be dicta, and is not supporting authority. Read the cited case yourself. Don’t rely on trust.
19	The Birth of a Missouri Statute All Missouri Statutes must first be introduced as a Bill. A Bill is a proposed law that begins in either the House of Representatives or the Senate. A Bill is designated as to their origin. i.e.. HB101 or SB101. Bills are debated in both houses. A majority of your elected representatives in the House and Senate must approve the Bill before it is sent to the Governor.
20	Birth of a Statute (continued) The Governor then has 15 days to act on a bill if the legislature is in session. (This is increased to 45 days if the legislature is not in session.) If the Governor vetoes the Bill, it is returned to its originating house. If the Governor signs the Bill it becomes a Missouri Statute. If the Governor does nothing at all with the Bill, within the time period allowed, the Bill becomes a Missouri Statute, just as if he would have signed it.
21	The Bill, an Act of Legislature, is now a Missouri Statute At least 100 of your elected representatives have approved of the new law. (18 in the Senate and 82 in the House of Representatives) The House of Representatives has 163 members (all must be at least 24 years of age) The Senate has 34 members (at least 30 years of age) All of these members are required to take an oath to support the U.S. and Missouri Constitutions.
22	Representatives and Senators These 197 elected representatives are the “voice” of the more than 5 million Missouri residents. Many of them are licensed attorneys. The Missouri Senate currently consists of approximately 25% attorneys. More than 10% of the members of the House of Representatives are licensed attorneys. The Missouri General Assembly has more than 300 years of combined legal experience.
23	Representatives and Senators All members of the House and Senate took an oath to support the U.S. and Missouri Constitutions. They are bound by that oath to create law that supports the U.S. and Missouri Constitutions. Are they perfect? No! That’s why we have a system of checks and balances.
24	Separation of Powers Article II, Section 1, of the Missouri Constitution proclaims this separation. “The powers of government shall be divided into three distinct departments--the legislative, executive and judicial--each of which shall be confided to a separate magistracy, and no person, or collection of persons, charged with the exercise of powers properly belonging to one of those departments, shall exercise any power properly belonging to either of the others, except in the instances in this constitution expressly directed or permitted.”
25	Constitutional Powers Who creates the laws? – The Legislative Branch Who enforces the laws? – The Executive Branch Who interprets the laws? – The Judicial Branch It has been established by Article III, Section 1 of the Missouri Constitution that the Legislative Branch has the power to create law.
26	Statute A statute can permit something to be done that was previously restricted. A statute can also restrict something that was previously permitted. Therefore, invalidating a statute has the same effect as creating a law. Invalidating a statute is done in the Legislative Branch by repealing the statute.
27	EXCEPTION! Remember that exception to the Separation of Powers from Article II, Section 1 of the Missouri Constitution? “except in the instances in this constitution expressly directed or permitted.” The Missouri Constitution does expressly permit another branch of government to create law.
28	Exception to the Separation of Powers The Missouri Constitution expressly permits the Missouri Supreme Court to rule on the validity of a Missouri Statute. The Missouri Supreme Court can invalidate a statute. This power has the same effect as the Legislative Branch repealing a Missouri Statute. This is known as the Power of Judicial Review
29	"The Establishment of Judicial Review" The Establishment of Judicial Review The United States Constitution says nothing about the one job the Supreme Court of the United States is most known for today. That is the power to review federal and state laws to determine whether or not they are constitutional. On the other hand, the Missouri Constitution specifically grants the power of judicial review to Missouri Courts: The supreme court shall have exclusive appellate jurisdiction in all cases involving the validity…of a statute or provision of the constitution of this state… (Article V, Section 3.)
30	Article V, Section 3 of the Missouri Constitution “The supreme court shall have exclusive appellate jurisdiction in all cases involving the validity of a treaty or statute of the United States, or of a statute or provision of the constitution of this state, the construction of the revenue laws of this state, the title to any state office and in all cases where the punishment imposed is death. The court of appeals shall have general appellate jurisdiction in all cases except those within the exclusive jurisdiction of the supreme court.”
31	The Power to invalidate an Act of a Branch of Government The POWER of JUDICIAL REVIEW This power of another branch was not given easily. The ramifications of giving so much power to a small group were carefully considered. It wasn’t until the Judiciary Act of 1789 that this power was specifically given to the U.S. Supreme Court. The first noted case of the use of this power was Marbury v. Madison (1803) when the U.S. Supreme Court exercised this power to challenge part of The Judiciary Act of 1789.
32	"Many people know the first..." Many people know the first Supreme Court decision to declare an act of Congress unconstitutional (Marbury, of course), but few people could identify the Court's first decision declaring Executive Branch action to be unconstitutional. Little v Barreme (1804), called the Flying Fish case, involved an order by President John Adams, issued in 1799 during our brief war with France, authorizing the Navy to seize ships bound for French ports. The president's order was inconsistent with an act of Congress declaring the government to have no such authorization. After a Navy Captain in December 1799 seized the Danish vessel, the Flying Fish, pursuant to Adams's order, the owners of the ship sued the captain for trespass in U. S. maritime court. On appeal, Chief Justice Marshall rejected the captain's argument that he could not be sued because he was just following presidential orders. The Court noted that commanders "act at their own peril" when they obey invalid orders - and the president's order was outside of his powers, given the congressional action.
33	How strong is this power? This power permits the Supreme Court to silence the voice of the people. In Missouri, it nullifies the Acts of the people we elected to represent us. When the Supreme Court wields this power, the people are subjects to a panel of dictators. Supreme Court Judges are not elected. They are appointed. They are not the voice of the people.
34	Does the Supreme Court need this power? YES! The voice of the people, our elected representatives, can, at times, create laws that infringe upon the constitutional rights of citizens. To ensure that these rights are protected it is necessary to our system of checks and balances to give this power to the Supreme Court.
35	Who are the people that can exercise this great power? Qualifications to be a Judge on the Missouri Supreme Court. Citizen of the United States for at least 15 years. At least 30 years of age. Qualified voter in the State of Missouri for at least 9 years. Licensed to practice law in Missouri. A Majority Decision is Required! No single Judge of the Supreme Court has the authority of the Supreme Court. This is true in both the U.S. and Missouri Supreme Courts. A majority must agree.
36	Majority Decision The Missouri Supreme Court consists of Seven Judges. All cases must be submitted to a panel of at least 3 Judges of the Supreme Court. If one of the Judges on the panel disagrees with the others, the case is then reviewed by the full court. The full court is known as en banc. A majority of the full bench would then be required to invalidate a Missouri Statute.
37	What happens to a Missouri Statute that is invalidated by the Missouri Supreme Court? Unfortunately, the Missouri Constitution gave the Supreme Court this power, but failed to state what to do with a Missouri Statute after it has been invalidated. The Legislature had to decide how and when to remove an invalidated statute from the books. Missouri Statute 3.066 (known as RSMo 3.066) provides for this removal.
38	Removal of a Missouri Statute “When the Missouri supreme court or a federal court with competent jurisdiction makes a final ruling that a bill enacted by the Missouri general assembly or a Missouri state statute or any portion of a Missouri state statute contained in a bill enacted by the Missouri general assembly is unconstitutional on procedural grounds, the Missouri revisor of statutes shall:” RSMo 3.066
39	What is this federal court of competent jurisdiction that is mentioned in RSMo 3.066? That’s correct! Federal Courts also have the power to invalidate a Missouri Statute. The U.S. Supreme Court was given this power by The Judiciary Act of 1789. This power was first given to the Federal Circuit Courts by the U.S. General Assembly in the Judiciary Act of 1801. That Act was later repealed in 1802. The Jurisdiction and Removal Act of 1875 settled on permitting Federal District Court Judges to perform judicial review of state laws.
40	Appellate Courts The Missouri District Appellate Courts do not have the power to invalidate a Missouri Statute. The Federal District Appellate Courts have the power of judicial review of a state statute, but not a federal statute. The reasoning behind this relates to superintending power.
41	Superintending Power The U.S Supreme Court’s decisions are binding upon all other courts in the United States. The decisions of the Missouri Supreme Court are binding upon all other courts in Missouri. The District Appellate Courts have superintending power over the circuit courts in their districts. The decisions of one Appellate Court are not controlling over an Appellate Court of another District. This superintending control is derived from; Article V, Section 4 of the Missouri Constitution. (note that the circuit court is not granted any superintending power)
42	Superintending Power (continued) If the appellate court had the power to invalidate a statute, it could only invalidate it for the district upon which the appellate court had superintending power. This would create much confusion, as all the courts in another district could ignore the decision, as it is not legally binding upon them.
43	Superintending Power (cont’d) Missouri Circuit Courts The Circuit Courts of Missouri are inferior courts. The decisions of the circuit courts are not binding upon any other courts as they have not been granted superintending power. Would it make sense to give the power of judicial review to a single judge of an inferior court, while requiring a majority consensus when presented to the Supreme Court?
44	The problem that currently exists in Missouri. Missouri Circuit Court Judges have assumed the power of judicial review. Missouri Circuit Court Judges have declared that they have the power to render decisions that are binding upon all other courts. If a Missouri Circuit Court Judge has the power to invalidate a Missouri Statute, this would mean that we have a dictatorship, not a democracy. This has become a common occurrence in the Cole County Circuit Court. Judge Patricia Joyce and Judge Richard Callahan have assumed the power of the Missouri Supreme Court.
45	Judicial Review by Missouri Circuit Court Judges If the power of judicial review has not been expressly permitted, what are the limitations placed on a Missouri Circuit Court Judge? If a Missouri Circuit Court Judge has the power of judicial review, do they not then also have the power to rule an act of the Governor to be invalid, or for that matter an order of the President of the United States? As you can see, the power of judicial review must be limited. This power is limited by the Missouri Constitution. Unfortunately, some judges appear to consider themselves to be above the law. Something that has not been authorized in writing cannot be limited in writing. Power that has only been assumed would therefore, have no limitation. Imaginary power has no limits.
46	"“To what purpose are..." “To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?” - John Marshall, former Chief Justice of the U.S. Supreme Court
47	Dictatorship If a Missouri Circuit Court Judge assumes the power to invalidate a Missouri Statute, and permanently enjoin the State of Missouri from enforcing a law created by the will of the people, this would clearly be a dictatorship as one person would be controlling the entire State of Missouri. The State of Missouri is a dictatorship as it is currently unconstitutionally controlled by one judge at a time. Don’t let a judge or attorney tell you otherwise. Think for yourself! Base your decision on the facts!
48	Dictatorship (continued) When a circuit court judge invalidates a Missouri Statute, no provision exists for an automatic review by a court with superintending authority. (That’s because the circuit court judge has only assumed this power) No statute or constitutional provision exists that provides direction for removal of the statute from the Missouri Revised Statutes when a circuit court judge rules the statute to be invalid. (Again, because the circuit court judge has only assumed this power) Convicted sex offenders are living next to your children’s schools, because a circuit court judge, who was elected by the citizens of Cole County, Mo. said they could.
49	Dictatorship Don’t get yourself into a tizzy! No one said that the judges that have assumed this power are evil dictators. At least not yet. If a Missouri Circuit Court Judge must violate the Missouri Constitution in order to rule on the validity of a Missouri Statute, isn’t the criminal then determining the law?
50	"The Deputy Communications Director for..." The Deputy Communications Director for the Missouri Supreme Court, The Office of the State Courts Administrator, and legal counsel for the Missouri Senate, have all stated that this power is granted to the Missouri Circuit Courts by: Article V, Section 14 of the Missouri Constitution. Those mentioned above are not elected representatives of the people of Missouri. They work for the Judiciary.
51	Does the Missouri Constitution permit a dictatorship? Article V, Section 14 of the Missouri Constitution states that: “The circuit courts shall have original jurisdiction over all cases and matters, civil and criminal. Such courts may issue and determine original remedial writs and shall sit at times and places within the circuit as determined by the circuit court.”
52	Does the Missouri Constitution permit a dictatorship? Does Article V, Section 14 say that the circuit court shall exercise the power properly belonging to the Legislature? Does Article V, Section 14 expressly direct or permit the Missouri Circuit Court to rule on the validity of a Statute of treaty of this state?
53	Does the Missouri Constitution permit a dictatorship? Remember, invalidating a statute can restrict something that was permitted, or permit something that was restricted, which is creating law. The only court in Missouri that has been expressly given this power by the Missouri Constitution is the Missouri Supreme Court.
54	Does the Missouri Constitution permit a dictatorship? (cont’d) Nothing in Article V, Section 14 permits a dictatorship. Nothing in Article V, Section 14 would give the Missouri Circuit Court superintending control over all the courts in the State of Missouri. If a statute is invalidated by a Missouri Circuit Court Judge, that would prevent another Missouri Circuit Court Judge from ruling on it. No provision of law permits one Missouri Circuit Court Judge to control the legal decisions of another Missouri Circuit Court Judge. This power was not given to the Missouri Circuit Courts by the people, it was stolen from the people.
55	"“What good fortune for..." “What good fortune for governments that the people do not think.” -Adolf Hitler “Many people in this country are not thinking, at least not for themselves. They listen to liberal or conservative talk radio. Most never listen to both. They are unknowingly guided down a path by the show’s host, only looking in the direction that their virtual tour-guide points them. The host invites them to stare to the left or to the right, as that is the hosts agenda, making it almost impossible for them to see what is really going on in front of them.” – James T. Byrne
56	"Adolf Hitler became powerful because..." Adolf Hitler became powerful because ordinary people looked for an easy way out of economic and social problems. Before Hitler became the sole head of the German state, the people of Germany were looking for a way to restore economic and social harmony. Hitler promised both, but in turn they would have to give up some individual freedoms. Democracy died and national socialism was born. Big government provided all the necessities that the people wanted, but in turn no one was allowed to voice opposition to the only government party. Socialized medicine, socialized workers, and cradle to grave care was provided by the big government, but at an enormous cost to individual dignity and freedom. As the supreme architect of this socialist state Hitler became the most powerful figure of the twentieth century.
57	Senator Jim Talent Times have changed. Judges have become the most dangerous branch by following former Chief Justice Charles Evans Hughes' view that the law is "whatever the judges say it is.” “Judges cannot change the literal words of the Constitution or a statute, so they make law by changing the meaning of those words. The obvious danger is that if the law means whatever judges say it means, judges control the law, run the country and define the culture.”
58	What can a Missouri Circuit Court Judge do when presented with a statute they feel would violate a parties constitutional rights? In this situation, the courts could enter a judgment that complies with the statute as it exists. The judgment from the court can even contain opinion for the Supreme Court that would address areas of the statute that they perceive to be repugnant to the constitution. The judge can then suspend imposition of sentence until the matter is finally disposed of by a court of competent jurisdiction. This option currently exists, and presents a no harm, no foul situation. It can be performed consistent with existing law. A statute is considered to be constitutional until ruled otherwise by a court of competent jurisdiction.
59	How is it that this conduct was permitted? Who allowed this to happen? You would expect your elected representatives to act as the voice of the people and immediately stop this from occurring. Numerous members of the House and Senate have been notified that this unconstitutional dictatorship is occurring. None have come forward to stop you from living under a dictatorship.
60	How was it that this dictatorship could have been established right under our noses? The problem relates to ETHICS. What is considered unethical to most of us is not considered to be unethical by the attorneys that you have elected to represent you. This burden is properly placed upon the attorneys, as they profess to know the law. Much like some family members would consider it unethical to turn in another family member for breaking the law, it appears that some attorneys consider it unethical to turn in another attorney, judges included, for violating the law. Why do you think a complaint that has been filed against an attorney is reviewed solely by attorneys? - That’s a topic for later discussion!
61	How was it that this dictatorship could have been established right under our noses? (cont’d) The Senate Leader, Michael Gibbons, is an attorney, and has been a member of the Missouri Bar since 1984. Senator Gibbons has been provided with evidence of the unconstitutional dictatorship that exists. Senator Gibbons has failed to acknowledge that the problem exists.
62	"When confronted with questions about..." When confronted with questions about this dictatorship, Senator Gibbons responded in a letter stating that; “When a statute, or a portion thereof, is declared unconstitutional by a circuit court, the law becomes invalid or void, and no longer has any legal force or effect upon the circuit court’s final decision. The law will still show up within the Missouri Revised Statutes, however, a footnote will be printed to indicate that the law has been declared unconstitutional and that it is not valid. Unless the circuit court’s decision is overturned on appeal, the law will remain without force or effect forever. It will remain within the code of state statutes unless it is repealed, or rescinded by legislative act.”
63	"“Political language ... is..." “Political language ... is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind.” -George Orwell
64	"Senator Gibbons stated that" Senator Gibbons stated that; “The law will still show up within the Missouri Revised Statutes, however, a footnote will be printed to indicate that the law has been declared unconstitutional and that it is not valid.” No constitutional or statutory provision exists that provides for a footnote to be printed in the Missouri Revised Statutes when a Missouri Circuit Court Judge rules the statute to be invalid. That would be like providing a cure for a disease before the disease was even discovered.
65	"Senator Gibbons also stated that" Senator Gibbons also stated that; “Unless the circuit court’s decision is overturned on appeal, the law will remain without force or effect forever. It will remain within the code of state statutes unless it is repealed, or rescinded by legislative act.” Why would you leave a statute on the books that has no force or effect? Is there any other place in American history where a person elected by the citizens of one county was given control over the entire state? Currently, no procedure exists that would require the Missouri Supreme Court to review the Circuit Court’s Decision. It may be presented on appeal, but it is not required to be presented. Appeal is an option, not a requirement. If there is no appeal, a judge that was only elected by the citizens of one county, and who only has jurisdiction in one county, now controls the State of Missouri. READ THE LAST PARAGRAPH AGAIN
66	The statements made by Senator Gibbons just didn’t make sense. Does documentation exist that would support the Senator’s claims? The Senator was contacted again for clarification. His response was as follows: “We have answered your numerous questions to the best of our ability, but it appears that you are not satisfied. Thank you for contacting me. I wish you well as you continue your efforts.” Is this an acceptable answer for the Senate Leader to give to a constituent? The letter to Senator and his response are available for your review.
67	How do we stop this dictatorship? At this point, numerous elected representatives have been notified of this dictatorship and have, apparently, done nothing to try to stop it. Should they be removed from office? Ethical guidelines must be established by the voters of Missouri. Violations of such guidelines must be reviewed by a committee outside of the Missouri Government. A committee much like an independent jury. Members of the General Assembly, that are licensed attorneys, are licensed by the Judiciary and have, at least, an apparent conflict of interest.
68	How do we stop this dictatorship? (cont’d) “Reality is merely an illusion, albeit a very persistent one.” –Albert Einstein Some find this humorous. Unfortunately, it is true. Just because one person considers some conduct to be ethical, does not mean that others will. Remember this next time you hire someone to represent you. Stop electing attorneys to represent you in the Legislature. All practicing attorneys are licensed by the Judiciary, which tends to blur the separation of powers.
69	Judge Patricia Joyce Judge Joyce is a Circuit Court Judge in Cole County (Missouri’s 19^th Judicial Circuit). She was only elected by the voters of Cole County, yet she is unconstitutionally exercising control over the entire State of Missouri. Judge Joyce has been presented with the author’s contention as to the constitutionality of her actions, but then proceeded to rule another statute to be invalid.
70	One Final Note – Don’t be fooled Earlier in this presentation we covered case law. Information about the Missouri Dictators was posted on the web. An attorney, in an attempt to support the concept that this dictatorship was acceptable, presented this quote from Judge Higgins of the Missouri Supreme Court; “Circuit Courts have the authority to declare an Act of the Legislature unconstitutional so long as the question has not been determined by this Court.”
71	One Final Note – Don’t be fooled (cont’d) The authority cited by Judge Higgins for this statement was not Article V, Section 14 of the Missouri Constitution, it was Stemme v. Siedhoff, 427 S.W.2d, 461 (Mo. 1968). If Article V, Section 14, is the authority that would permit a Circuit Court Judge to invalidate a Missouri Statute, as the Deputy Communications Counsel for the Missouri Supreme Court, The Office of the State Courts Administrator, and legal counsel for the Missouri Senate have stated, why then, did Judge Higgins cite Stemme v. Siedhoff? REMEMBER – ALWAYS LOOK IT UP FOR YOURSELF
72	One Final Note – Don’t be fooled (cont’d) Stemme v. Siedhoff is a case that surprisingly even made to the Supreme Court. It was given to Henry J Westhue, an 80 year old, retired Supreme Court Justice acting as a Special Commissioner. The case involved a jury instruction that attempted to infer that the defendant was negligent unless he could prove otherwise. This case could have easily been decided by a high school civics class, as the burden of proof is always placed on the party making the claim. This case was in 1968. Judge Westhue died in 1969 at the age of 81. Judge Westhue did state that, “circuit courts have the authority to declare acts of legislature or rules of this court unconstitutional,” however, this was not a matter of error presented to the court. Further, Judge Westhue’s statement was not supported by any cited authority. If Article V, Section 14 gave this power to the circuit court, the Supreme Court would have cited such, as they do whenever constitutional authority applies. Even though the Supreme Court adopted the opinion of Judge Westhue, the matter of invalidating a statute was not a matter for that court to determine. Judge Westhue’s statement was dicta. REMEMBER – ALWAYS LOOK IT UP FOR YOURSELF
73	Conclusion Call your elected representative. Tell them Missouri is not a dictatorship. Call Senator Gibbons – Ask him who he represents, the Judiciary or the People? Call Rod Jetton – Tell him to warm up the impeachment engine. Call Judge Patricia Joyce – Tell her to resign, or face impeachment. Call Judge Richard Callahan – Tell him to stop, and apologize to the Citizens of Missouri for assuming power that was not granted him by the Constitution. This information was presented to all of the above except Judge Callahan. Rod Jetton is not an attorney, but should have at least recognized a complaint made by a citizen of this state. We can’t expect perfection, but those that have been informed and want us to live in a dictatorship must be removed from office. IF YOU DON’T ACT, THE DICTATORSHIP WILL GAIN STRENGTH! I would be happy to discuss this further with any who inquire. You can email me at whistleblower@kahunah.com – James T. Byrne
74	"Updates to this slideshow will..." Updates to this slideshow will be made available at: http://www.kahunah.com/unconstitutional Please pass this information along to everyone you know. If you do nothing, you are giving away the power of the voice of the people. This is not a partisan issue. Both Democrats and Republicans must join together to remove this dictatorship. Your questions and comments are welcomed. Please send them to whistleblower@kahunah.com Thank you for taking the time to view this information. – James T. Byrne
75	"“Power tends to corrupt" “Power tends to corrupt; absolute power corrupts absolutely.” -Professor Lord Acton Cambridge University He issued this warning to his students while explaining that political power is one of the most serious threats to liberty. He died in 1902 and his prophetic statement has been proven repeatedly in the 20th century and is equally true in the 21st century.