10th filing

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IN CHAMPAIGN COUNTY COURT

101 E MAIN ST.  URBANA IL 61801

Trial: 2018 TR 5950

STATE OF IL

VS

JAMES FRANK OSTERBUR

2191 COUNTY ROAD 2500 E.  ST. JOESPH, IL 61873

DATED: 5/26/18           10th filing

There are three distinct elements to redress of grievances as a democracy. The first establishes, that this shall not be as if a ruler or king decides for us/ no single citizen or group/ not even our employees shall call the nation to defend itself. INSTEAD, we the people are being called to defend our democracy, and that means all citizens are involved. By the critical cause, as must be presented. Critical means: establishing the assembly of information to assess the potential of threat or such a need; by the reality of evidence, that sanity asserts,  we must discover what is true. For OUR STATE/ NATION/ OR WORLD/ ETCETERA IS, as is “believed to be” approaching CRISIS. Why we need to assemble ourselves together, as a courtroom of the people; is to decide if our employees, environment, or our situation has failed under this leadership. Democratic authority does not exist outside of the legal purpose called a courtroom of JUSTICE, BY LAW! That information, forms the petition: by our right as owners, we must go to trial, IF YES!  THAT reality of authority, to demand a trial:  is decided by a jury for the people. Trial to decide if redress is required:  shall be presented with sufficient cause to believe: “we cannot let these possibilities, be wrong”/ the price is too high. Thereby we must investigate, and call the people as one.

The second part is: Therefore we must investigate the realities judiciously defined/ examine the evidence itself for our legal truth/ and construct the solutions that are consistent with a democratic future we will survive. Sustaining by informed choice, our happiness through peace. All information necessary for an accurate and thorough understanding of the facts must be gathered. The court SHALL enforce no one escapes questioning, that is valid and defined by our need, our right, to know: so that a real and true decision will be made. In terms of national, state, or world defense, there is no “pleading the fifth amendment”. YOU SHALL answer, whosoever you are; and be accountable to the nation or state or world. Redress constructs the venue: that the people shall give to their employees, an opportunity to address each of these concerns identified and presented by the people back to them as GRIEVANCES. Their failure to achieve an acceptable and true result for this democracy, as “we the people” desire it to be: becomes potential cause for criminal punishment, or removal from office, or both.

The third part is:  we must not be wrong, in our decision to decide the future for ourselves. That means the constitution which is our contract with each other SHALL BE IN CHARGE of what we can and cannot define, and enforce, as our own solutions.  The preamble says it best, the framework within which this democracy as laid is as follows:

“We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America.”

The amendments add in. The Virginia bill of rights made the nation possible. The declaration of independence isolated why.

Therefore these values which have defined a nation, shall be the foundation that cannot be moved.

The US first amendment reads:  “congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech; or of the press; or the right of the people peaceably to assemble, and to petition the government, for a redress of grievances”.

US fourteenth amendment:  “…..nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

As is consistent with ALL TRUE DEMOCRATIC ACTIONS; the public must be notified, sufficiently to insure a majority know; a cause for redress of grievances has been put forth in court. The jury has not the final say, if the people so demand it {the few do not rule the majority}! The sanctity, securities, and safety of state or nation come first. This notification is demanded by constitutional law, as is “the LEGAL RIGHT, to assemble the people”278 N.E. 2d 504, 510. Legal means: within the form of a duty, what is not only owed, but conceived by a right to enforce the law.

To petition the government is: to determine by constitutional limits and boundaries as are the government itself: IF sufficient potential cause, threat, need, or other can be established to warrant a full scale investigation of the evidence. TO DETERMINE WHAT IS TRUE/ AND WHAT IT MEANS TO BE WRONG. Democracy is the rule of society, by law, and by constitutional decree/ NOT individual people, or groups. The cause to be examined expands: as if our employees, hired to enforce our constitution/ and having given sworn oath, under penalty by this democracy, that they would so do; are at fault in this matter before we the people! That is our right, as owners of this democracy called WE THE PEOPLE.

Redress is the understanding:  that no one is perfect/ no one is always going to be “correct”/ no one is allowed to be judge. RATHER, because we are all imperfect, the reality of our lives is:  having been made aware of the fact, “you did this wrong”.  Justice asserts, where it is possible to do so; an effort shall be made to let you correct what you did wrong. Justice is: no greater harm shall be allowed/ no element of revenge, or to make an example of shall be taken/ FAIR PLAY shall be established as the cause of this court, for this people; as we have enforced by our law. Where-so-ever peace and harmony can be allowed, that shall be done.

Grievances assemble and prove: that NONE have the legal right to gamble with our lives/ risk our future/ substantially change our environment/ mutilate our nature/ threaten our world/ poison our water/ alter our food supply/ destroy the oceans or its life/ kill a base food source of any kind/ cause extinction in life or habitat/ make the children pay our debts/ counterfeit our currency/ remove constitutional law, with a rule or a word/ hold weapons of mass destruction, instead of world law/ participate in the elimination of oxygen, cause excess pollution, or in any other way establish by thought, word, or deed the realities; which cause potential damage, destruction, or war upon our lives. WE HAVE RIGHTS. We are the OWNERS. NO PERSON, organization or other has the legal right to deliberately endanger this world, this nation, this state, these children, life itself, planet, or even me: WITH CHAOS. Terrorism is:  the clear assertion by force or hiding violence, “we are the superior ones”/ and you can be killed, your world destroyed;  simply to prove we won’t care. Nothing is more violent: than endangering an entire world. WRONG, in extreme experimentation is A DEAD WORLD. And it does constitute a true, and immediate cause for redress! Along with a legal moratorium, to establish by vote: what this nation will or will not do to protect ourselves, our world, our nation, and our future. 

In consideration of those who will refuse to believe anything, in terms of a need to do something for life. I remind you of this: at 8 billion people on earth or soon to be/ just one more per every 80 people on earth EQUALS, an additional one hundred million people over deaths per year. A billion more to feed per decade. Like it or not, your world has changed, and if we don’t save it for ourselves/ there WILL be only cannibalism and war: VERY soon.

Declaration of independence: “….we hold these truths to be self-evident; that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these rights are life, liberty, and the pursuit of happiness. That to secure these rights, governments are to be 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, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. ……”

Virginia bill of rights: “…section 2; that all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.

   Section 3; that government is, or ought to be, instituted for the common benefit, protection , and security of the people, nation, or community ; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and that, when any government shall be found inadequate or contrary to these purposes, a majority of the community hath and indubitable, inalienable , and infeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.  

Section 4;  that no man or set of men are entitled to exclusive or separate emoluments or privileges from the community….”

Section 15;  that no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by the frequent recurrence to fundamental principles.

AMENDMENT 15:  the right of the citizens of the United States, TO VOTE;  shall not be abridged or denied by the United States or by any state ….

AMENDMENT 9:  the enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.

DUE CARE among the judiciary in this court 153 S.E. 2d 356, 359 is mandatory. Extreme care to meticulously protect and defend the constitution is required 438 P. 2d 477, 482.

DUE PROCESS: a constitutional mandate is ultimately without fault, when entrapped by constitutional duties  302 U.S.  319.

THIS CASE now turns from a taxing question, to constitutional duty applied to every legal citizen here.

         That duty recognizes:  THE LEGAL RIGHT of REDRESS OF GRIEVANCES, as the primary defense of this democracy, by its people.

         An absolute right/ an absolute need: in a case where the evidence suggests    “we are literally in danger of extinction”/ and our lives or deaths, shall NOT be determined;  by those we employ. Nor by those who have installed “the religion of;  university knows” and we have no further say.

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