Santa Cruz Indymedia :
Santa Cruz Indymedia

Re: Free Radio Santa Cruz RAIDED by the FCC and US Marshals

Based on what i've read here, especially considering the staion is only 37 watts and therefore presumably not even able to be heard across state lines thereby nullifying any expanded "interstate commerce" argument, all charges,etc. MUST be dropped IF the individuals present the lack of jurisdiction proof; viz., Article 1 sec 8 of the USA Constitution wherein is clearly spelled out the severe limit to jurisdiction of federal laws: "...Congress shall have power to ...exercise exclusive legislation...over such District(ie, the District of Columbia,aka Washington DC)...NOT EXCEEDING TEN SQUARE MILES.." Please read this over and over again until it sinks in:"..NOT EXCEEDING TEN SQUARE MILES.."This of course, includes the infamous reverse-named "Patriot Act" and EVERY other federal law. Just as Santa Cruz laws apply only to Santa Cruz, not China or New York or anywhere else, so do Wash DC laws apply only to DC![I'm omitting the Constitutional exceptions to this for simplicity which are miltary bases and land CEDED (not just bought/owned, but ceded by the vote of =2/3 of the Santa Cruz elected Council)]. How many thousands of people are in federal prisons now because they didn't know to raise this issue?If not raised, the Court will assume that you have volunteered into it's jurisdiction. So...Raise this in the Court(s) immediately! No federal (DC)jurisdiction on state land!!!!
PS.I suggest that instead of just resoulutions against the "Patriot" Act-400+ cities,etc. have passed such resolutions-we pass local LAWS against the feds violating the Constitutionally guaranteed inalienable rights of anyone residing in a locality where there is no fed jurisdition such that any fed agent who violates his oath of office to the Constitution by exercising power OUTSIDE his Constitutionally limited jurisdiction(DC) be sent to jail by the local authorities for a minimum of 10 years. This would , I believe, STOP their violations immediately-or at least right after a jurisdiction-violating fed is sentenced to a Santa Cruz jail for 10 years.
Incidentally, even federal law itself acknowledges this severely limited federal legislative jurisdiction.See 4USC sec.72 .."all offices [that includes FCC!]attached to the seat of government[ie,DC]shall be excercised in the District of Columbia and not elsewhere...". Lawyers do not generally like to use this juriosdiction argument as it is counterproductive to more trials/money!Find one who will!Or do it yourself without a lawyer-as was done successfully in the famous abortion clinic free speech case!Also, the federal "gun-free school zones"federal law was ruled to have no legislative jurisdiction in the states!

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