566 A.2d 303 | Pa. Super. Ct. | 1989
This is an appeal from judgment of sentence entered by the court on January 24, 1989 following appellant’s convictions of a misdemeanor and three summary offenses under the Vehicle Code.
Appellant contends the Commonwealth has no jurisdiction over him because he has relinquished to the Commonwealth all property rights constituting privileges and immunities under the fourteenth amendment. Such a release, appellant asserts, returns him to the pre-fourteenth amendment status of an “American Freeman,” and it revokes the Commonwealth’s power over him.
Inherent in the adoption by the various states of the United States Constitution and the amendments thereto, was the retention of states’ sovereignty over their citizens, which is coextensive in most respects with federal sovereignty. To make abundantly clear that the Federal Constitution did not abrogate individual and states’ rights, which were not arrogated to the Federal system, James Madison proposed and had adopted the ninth and tenth amendments to the United States Constitution.
ARTICLE [IX]
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE [X]
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
U.S. Const. art. IX and X. In conformity with the Federal Constitution, the state of Pennsylvania has empowered its government, through a Constitution duly promulgated by a convention of its people, in a Declaration of Human Rights (Article I), to unalterably establish the rights people have to liberty and free government. These rights may be aban
Since appellant points to no legal infirmity in the proceedings in the trial court, but relies on his assumed status of “U.S. Freeman” to immunize himself from the effects of his violation of Pennsylvania laws, and there is no legal or constitutional basis for the claimed status, his appeal must be denied and judgment of sentence affirmed.
Judgment of sentence affirmed.
. Altered, forged, or counterfeit documents and plates (M1); 75 Pa. C.S. § 7122.
Registration and certificate of title required; 75 Pa.C.S. § 1301.
Operation of vehicle without official certificate of inspection; 75 Pa.C.S. § 4703.
Carrying and exhibiting driver’s license on demand; 75 Pa.C.S. § 1511.