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It's Palmer 15, State 0

| October 20, 2005 12:00 AM

Editor,

Pheasant season opened as it does each year and, as usual, I took to the field armed with my trusty shotgun and a uniform Montana license in lieu of the tribal permit.

Pheasants were few and so were the wardens. It was the 15th challenge to the state/tribal agreement so I now have a substantial score in my favor (State 0; Del 15).

Article I Section 10, "No state shall enter into any treaty, alliance or confederation etc." The state also violated the fifth and 14th Amendments and ended up with an unenforceable situation. They cannot win.

A sitting district judge once handed me the same malarkey that C.S. Willet handed Rick Jore in a letter to the editor earlier this month when he said, "When there is a law never question it, just obey it." In my case, I was scolded for the same reason.

The judge then suggested to the county attorney to dismiss the charges for lack of evidence when the evidence was clearly there.

The following remarks were gleaned from the jury handbook as follows:

"The U.S. Constitution is the supreme law of the land. All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison 5US137 p. 174-176 (1803).

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda vs. Arizona 384 U.S. p. 436 p.491.

"An unconstitutional act is not law, it confers no rights; it imposes no duties; offers no protection; creates no office, etc." Norton vs. Shelby County 118 U.S. p. 425 p.442.

"No one is bound to obey an unconstitutional law and no courts are bound to enforce it." 16 Am. Jur 2d Sec 177 U.S. Supreme Court 1789.

I assume that C.S. Willet, the district judge, and some members of Congress, along with Montana's elected and appointed officials, have been sleeping when they should have been awake.

To be sure, if the next legislature can amend the law to make it right in Jore's case, it should have done it long ago. Willet's accusing Jore of complaining about this outrageous treatment cast upon him through no action or fault of his own is narrow. Willet might howl a little himself if he had his bank account raided and his property placed in jeopardy for merely running for public office. We need to put America back on track by electing and appointing more qualified people and set aside the rotten politics of the day.

Del Palmer

Charlo