Letter to fellow U.S. citizens
America's drug laws are falsely enforced
Dear fellow Americans,
For the past fifty years, the war on drugs has been unlawfully waged in the judicial branch of American governments, under false color of law. To be unlawful is for police officers, prosecutors and judges to commit unintentional torts or intentional crimes against innocent, falsely arrested people. To do this under false color of law is for these government officials to feign legitimacy for their tortious or criminal behavior.
The unlawful drug war is the result of our government officials not following our lawful drug statutes. America's national war on drugs exists – not because of federal and state drug laws – but in spite of them. These statutes are lawful because they secure individuals' natural right to possess and privately use drugs, and because they secure disfavored drug dealers' 14th Amendment right to be regulated by the executive branch, just as are pharmaceutical companies.
In other words, disfavored drug dealers have the same criminal and administrative rights as pharmaceutical company presidents and their businesses. America's republican police powers – i.e., criminal prohibition and regulation – apply to all drug dealers equally.
Under the Bill of Rights and 13th Amendment, for example, both favored and disfavored drug dealers are to be incarcerated for the same reasons. So if one drug dealer is licensed to manufacture, distribute or dispense drugs, then the other cannot legitimately go to jail for doing the same thing without a license.
As well, under the Due Process and Equal Protection Clauses of the 14th Amendment, unwanted drug enterprises are to be regulated in the same manner as desired drug businesses. Both have the same equal right to administrative due process in order to adjudicate their legal right to make and sell drugs.
This all means that unwanted drug dealers are subject to the police power of regulation – and not to criminal prohibition – just as are pharmaceutical companies. Regulation operates in the executive branch of government – not in the judicial branch, where disfavored drug dealers have been falsely prosecuted for well over fifty years.
Thus, all drug enterprises are subject to state and U.S. regulators who exercise the equitable powers of investigation, inspection, confiscation (along with forfeiture), injunction (to order one to stop something) and specific performance (to order one to do something), and they are not subject to criminal law. This non-criminal regulation is adjudicated in administrative law courts in the executive branch, and not in judicial courts which require injury for their subject matter jurisdiction.
The stated object of commercial regulation is to maintain certain standards in an industry. Ostensibly drug commerce is regulated so as to maintain product quality, efficacy and truthful labeling on behalf of the public. Administrative law courts of regulatory agencies, such as the D.E.A. and the Indiana Board of Pharmacy, may license drug makers and sellers which meet their standards, and they may administratively enjoin drug makers and sellers which do not.
These administrative injunctions may be appealed to in judicial courts, or may be enforced by judicial injunctions. If these judicial orders are violated, then non-compliant drug dealers may be incarcerated for contempt of court, but not for being criminals. This is how regulation works.
Because drug enterprises are subject to regulation in the executive branch, then they are not subject to criminal law in the judicial branch. The Separation of Doctrine says that one branch of government is not allowed to do the work of another.
To treat disfavored drug commerce as crime is a fundamental mistake of law by both prosecutors and defense attorneys. Because ignorance of the law does not excuse (ignorantia jurs non excusat) these professionals, then my materials demonstrate a cause of action for civil rights attorneys and legal malpractice attorneys to employ against their future malfeasance. And because there is no disputing the rules of law (non est certandum de regulis juris), as well as these practitioners' wrongdoing, then their past culpability is res ipsa loquitur (because it speaks for itself).
I have published a Notice and Demand against key local, state and U.S. officials in Indiana, which puts them on notice about how our drug laws are to work and how they are participating in falsely enforcing these laws. This Notice and Demand is publicly recorded so that these officials may not deny my having explained the law to them.
I invite you to explore this website which will give you almost everything you need to both understand our drug laws and to hold officials and defense attorneys accountable to them. In particular, I recommend that you listen to and read along with my 6-part audio presentation, which within about four hours will teach you what law schools neglect to teach. Its final part explains why I used this method to promulgate the law instead of using litigation.
The U.S. Supreme Court has called law the definition and division of power. This presentation – and particularly my last law book – will uniquely teach you law by showing you how power is defined and divided under our federated republican form of government. How power is properly defined and divided, i.e., law, is what has escaped both government officials and drug defense attorneys to date.
Hopefully my materials will also cause you to contact various officials to demand the immediate release of their political prisoners, if they haven't done so already. Freeing people from others' negligent or intentional tyranny is the real purpose of this campaign. Our coming to know the meaning of the republican form of government is just an extra bonus.
Thank you for visiting this website and for doing what you can to end the unlawful judicially-waged war on drugs. I can't make it alone. The ball is in your hands.
Kurt St. Angelo
Indiana attorney #11317-49, inactive status
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