December 2003 - cypherpunks-legacy

Let's get the US Gov. to give us guns!...
by Jim Choate 17 Dec '03

17 Dec '03

THE CONSTITUTION OF THE UNITED STATES Section 8. The Congress shall have Power To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the authority of training and Militia according to the discipline prescribed by Congress; ____________________________________________________________________ | | | Those who make peaceful revolution impossible will make | | violent revolution inevitable. | | | | John F. Kennedy | | | | | | _____ The Armadillo Group | | ,::////;::-. Austin, Tx. USA | | /:'///// ``::>/|/ http://www.ssz.com/ | | .', |||| `/( e\ | | -====~~mm-'`-```-mm --'- Jim Choate | | ravage(a)ssz.com | | 512-451-7087 | |____________________________________________________________________|

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Basic Cryptanalysis
by John Young 17 Dec '03

17 Dec '03

Recently it was noted here that US Army Field Manual 34-40-2, Basic Cryptanalysis, (1990) has been withdrawn from the Army's Web site. Thanks to archiving by a cpunk we offer the full manual in PDF format. See the contents at: http://jya.com/fm/fm34-40-2.htm

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Sue Congress?...
by Jim Choate 17 Dec '03

17 Dec '03

Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. [Clearly congressmen are responsible for their actions while in office since they are civil officers. It looks like all it should take to remove a civil officer is a misdemeanor such as speeding.] Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; -- to all Cases affecting Ambassadors, other public Ministers and Consuls; -- to all Cases of admiralty and maritime Jurisdiction; -- to Controversies between two or more States; -- between a State and Citizens of another State; -- between Citizens of different States; -- between Citizens of the same State claiming Lands under Grants of different States; -- and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. [Note that there is no federal jurisdiction for sueing your own representatives at the federal level since they are citizens of your own state, however you *can* sue the representatives of the *other* 49 states for their actions and that *is* a federal level case] In all Cases, affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. [Clearly any such claims *must* be at the level of the Supreme Court since they hold original jurisdiction, further there doesn't seem to be any mechanism they can refuse to handle the case] The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. [Since the breaking of the oath to uphold the Constitution while a representative is a impeachable offence no jury is required. Once the case is before the Supreme Court then the Congress is required to set the time and date] The question of the day is: How does one go about submitting a case directly to the Supreme Court? The Constitution apparently leaves this up to the Supreme Court to decide in its rules of operation. ____________________________________________________________________ | | | Those who make peaceful revolution impossible will make | | violent revolution inevitable. | | | | John F. Kennedy | | | | | | _____ The Armadillo Group | | ,::////;::-. Austin, Tx. USA | | /:'///// ``::>/|/ http://www.ssz.com/ | | .', |||| `/( e\ | | -====~~mm-'`-```-mm --'- Jim Choate | | ravage(a)ssz.com | | 512-451-7087 | |____________________________________________________________________|

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Re: Sue Congress?... (fwd)
by Jim Choate 17 Dec '03

17 Dec '03

Forwarded message: > Date: Sun, 28 Dec 1997 23:54:15 -0500 > From: David Miller <dm0(a)avana.net> > Subject: Re: Sue Congress?... > > The question of the day is: > > > > How does one go about submitting a case directly to the Supreme Court? The > > Constitution apparently leaves this up to the Supreme Court to decide in its > > rules of operation. > > In large part, yes. It is up to the Court's sole discretion whether or > not they > will hear a case. I believe that all cases they hear are appeals. I'm > pretty > sure you can't just go to the Supreme Court, but must follow due > process... The quotes from the Constitution, which you apparently didn't read, clearly indicate that the role of the Supreme Court is more than a simple appeals court. Further, while they may refuse to hear appeals, hence confirming the lower courts ruling with a supreme stamp of approval, there is *nothing* in the Constitution and hence their rules that allows them to refuse to accept cases where they are the only Constitutional jurisdiction, such as impeachment proceedings of Congressmen relating to un-constitutional actions that may result in their impeachment. Once the case is submitted to the Supreme Court then Congress, not the SC, chooses the place and time. ____________________________________________________________________ | | | Those who make peaceful revolution impossible will make | | violent revolution inevitable. | | | | John F. Kennedy | | | | | | _____ The Armadillo Group | | ,::////;::-. Austin, Tx. USA | | /:'///// ``::>/|/ http://www.ssz.com/ | | .', |||| `/( e\ | | -====~~mm-'`-```-mm --'- Jim Choate | | ravage(a)ssz.com | | 512-451-7087 | |____________________________________________________________________|

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17.html
by Jim Choate 17 Dec '03

17 Dec '03

SUPREME COURT OF THE U.S. - RULES ..Part IV. Other Jurisdiction _________________________________________________________________ Rule 17. Procedure in an Original Action * 1. This Rule applies only to an action invoking the Court's original jurisdiction under Article III of the Constitution of the United States. See also 28 U. S. C. §1251 and U. S. Const., Amdt. 11. A petition for an extraordinary writ in aid of the Court's appellate jurisdiction shall be filed as provided in Rule 20. * 2. The form of pleadings and motions prescribed by the Federal Rules of Civil Procedure is followed. In other respects, those Rules and the Federal Rules of Evidence may be taken as guides. * 3. The initial pleading shall be preceded by a motion for leave to file, and may be accompanied by a brief in support of the motion. Forty copies of each document shall be filed, with proof of service. Service shall be as required by Rule 29, except that when an adverse party is a State, service shall be made on both the Governor and the Attorney General of that State. * 4. The case will be placed on the docket when the motion for leave to file and the initial pleading are filed with the Clerk. The Rule 38(a) docket fee shall be paid at that time. * 5. No more than 60 days after receiving the motion for leave to file and the initial pleading, an adverse party shall file 40 copies of any brief in opposition to the motion, with proof of service as required by Rule 29. The Clerk will distribute the filed documents to the Court for its consideration upon receiving an express waiver of the right to file a brief in opposition, or, if no waiver or brief is filed, upon the expiration of the time allowed for filing. If a brief in opposition is timely filed, the Clerk will distribute the filed documents to the Court for its consideration no less than 10 days after the brief in opposition is filed. A reply brief may be filed, but consideration of the case will not be deferred pending its receipt. The Court thereafter may grant or deny the motion, set it for oral argument, direct that additional documents be filed, or require that other proceedings be conducted. * 6. A summons issued out of this Court shall be served on the defendant 60 days before the return day specified therein. If the defendant does not respond by the return day, the plaintiff may proceed ex parte. * 7. Process against a State issued out of this Court shall be served on both the Governor and the Attorney General of that State. _________________________________________________________________ [Previous Section -] [Next Section +] [Overview] _________________________________________________________________

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constitution.articleiii.html
by Jim Choate 17 Dec '03

17 Dec '03

Article III Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed. Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. ========================================================== * Next Article--Previous Article * Table of Articles and Amendments * Overview of Full Constitution ==========================================================

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constitution.amendmentxi.html
by Jim Choate 17 Dec '03

17 Dec '03

Amendment XI The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. ========================================================== * Next Amendment--Previous Amendment * Table of Articles and Amendments * Overview of Full Constitution ==========================================================

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1251.html
by Jim Choate 17 Dec '03

17 Dec '03

§ 1251. Original jurisdiction * (a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States. * (b) The Supreme Court shall have original but not exclusive jurisdiction of: + (1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties; + (2) All controversies between the United States and a State; + (3) All actions or proceedings by a State against the citizens of another State or against aliens.

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29.html
by Jim Choate 17 Dec '03

17 Dec '03

SUPREME COURT OF THE U.S. - RULES ..Part VII. Practice and Procedure _________________________________________________________________ Rule 29. Filing and Service of Documents; Special Notifications; Corporate Listing * 1. Any document required or permitted to be presented to the Court or to a Justice shall be filed with the Clerk. * 2. A document is timely filed if it is sent to the Clerk through the United States Postal Service by first-class mail (including express or priority mail), postage prepaid, and bears a postmark showing that the document was mailed on or before the last day for filing. Commercial postage meter labels alone are not acceptable. If submitted by an inmate confined in an institution, a document is timely filed if it is deposited in the institution's internal mail system on or before the last day for filing and is accompanied by a notarized statement or declaration in compliance with 28 U. S. C. §1746 setting out the date of deposit and stating that first-class postage has been prepaid. If the postmark is missing or not legible, the Clerk will require the person who mailed the document to submit a notarized statement or declaration in compliance with 28 U. S. C. §1746 setting out the details of the mailing and stating that the mailing took place on a particular date within the permitted time. A document also is timely filed if it is forwarded through a private delivery or courier service and is actually received by the Clerk within the time permitted for filing. * 3. Any document required by these Rules to be served may be served personally or by mail on each party to the proceeding at or before the time of filing. If the document has been prepared as required by Rule 33.1, three copies shall be served on each other party separately represented in the proceeding. If the document has been prepared as required by Rule 33.2, service of a single copy on each other separately represented party suffices. If personal service is made, it shall consist of delivery at the office of the counsel of record, either to counsel or to an employee therein. If service is by mail, it shall consist of depositing the document with the United States Postal Service, with no less than first-class postage prepaid, addressed to counsel of record at the proper post office address. When a party is not represented by counsel, service shall be made on the party, personally or by mail. * 4. (a) If the United States or any federal department, office, agency, officer, or employee is a party to be served, service shall be made on the Solicitor General of the United States, Room 5614, Department of Justice, 10th St. and Constitution Ave., N. W., Washington, DC 20530. When an agency of the United States that is a party is authorized by law to appear before this Court on its own behalf, or when an officer or employee of the United States is a party, the agency, officer, or employee shall be served in addition to the Solicitor General. + (b) In any proceeding in this Court in which the constitutionality of an Act of Congress is drawn into question, and neither the United States nor any federal department, office, agency, officer, or employee is a party, the initial document filed in this Court shall recite that 28 U. S. C. §2403(a) may apply and shall be served on the Solicitor General of the United States, Room 5614, Department of Justice, 10th St. and Constitution Ave., N. W., Washington, DC 20530. In such a proceeding from any court of the United States, as defined by 28 U. S. C. §451, the initial document also shall state whether that court, pursuant to 28 U. S. C. §2403(a), certified to the Attorney General the fact that the constitutionality of an Act of Congress was drawn into question. See Rule 14.1(e)(v). + (c) In any proceeding in this Court in which the constitutionality of any statute of a State is drawn into question, and neither the State nor any agency, officer, or employee thereof is a party, the initial document filed in this Court shall recite that 28 U. S. C. §2403(b) may apply and shall be served on the Attorney General of that State. In such a proceeding from any court of the United States, as defined by 28 U. S. C. §451, the initial document also shall state whether that court, pursuant to 28 U. S. C. §2403(b), certified to the State Attorney General the fact that the constitutionality of a statute of that State was drawn into question. See Rule 14.1(e)(v). * 5. Proof of service, when required by these Rules, shall accompany the document when it is presented to the Clerk for filing and shall be separate from it. Proof of service shall contain, or be accompanied by, a statement that all parties required to be served have been served, together with a list of the names, addresses, and telephone numbers of counsel indicating the name of the party or parties each counsel represents. It is not necessary that service on each party required to be served be made in the same manner or evidenced by the same proof. Proof of service may consist of any one of the following: + (a) an acknowledgment of service, signed by counsel of record for the party served; + (b) a certificate of service, reciting the facts and circumstances of service in compliance with the appropriate paragraph or paragraphs of this Rule, and signed by a member of the Bar of this Court representing the party on whose behalf service is made or by an attorney appointed to represent that party under the Criminal Justice Act of 1964, see 18 U. S. C. §3006A(d)(6), or under any other applicable federal statute; or + (c) a notarized affidavit or declaration in compliance with 28 U. S. C. §1746, reciting the facts and circumstances of service in accordance with the appropriate paragraph or paragraphs of this Rule, whenever service is made by any person not a member of the Bar of this Court and not an attorney appointed to represent a party under the Criminal Justice Act of 1964, see 18 U. S. C. §3006A(d)(6), or under any other applicable federal statute. * 6. Every document, except a joint appendix or amicus curiae brief, filed by or on behalf of one or more corporations shall list all parent companies and nonwholly owned subsidiaries of each of the corporate filers. If there is no parent or subsidiary company to be listed, a notation to this effect shall be included in the document. If a list has been included in a document filed earlier in the case, reference may be made to the earlier document (except when the earlier list appeared in an application for an extension of time or for a stay), and only amendments to the list to make it current need be included in the document being filed. _________________________________________________________________ [Previous Section -] [Next Section +] [Overview] _________________________________________________________________

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constitution.amendmentxi.html (fwd)
by Jim Choate 17 Dec '03

17 Dec '03

Forwarded message: > Amendment XI > > The judicial power of the United States shall not be construed to > extend to any suit in law or equity, commenced or prosecuted against > one of the United States by citizens of another state, or by citizens > or subjects of any foreign state. Of note is that this amendment *only* covers cases where a citizen sues a *single* state, not 49 of them. There is no Constitutional rule that covers the process between a individual and more than a single state. It simply ain't there. ____________________________________________________________________ | | | Those who make peaceful revolution impossible will make | | violent revolution inevitable. | | | | John F. Kennedy | | | | | | _____ The Armadillo Group | | ,::////;::-. Austin, Tx. USA | | /:'///// ``::>/|/ http://www.ssz.com/ | | .', |||| `/( e\ | | -====~~mm-'`-```-mm --'- Jim Choate | | ravage(a)ssz.com | | 512-451-7087 | |____________________________________________________________________|

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