The following is written testimony submitted to the Texas Senate Committee on State Affairs, along with Oral Testimony I gave at a hearing on the 10th of September, 2018
Our Texas Constitution, in sec. 13 of our Bill of Rights, secures our God-given Right to Remedy by declaring that “All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law”.
WHY? Why is this clause in our Texas Constitution while nothing similar is in our US Constitution?
Governments of every form have always been willing to provide Courts so that the people they govern could settle disputes with each other in a peaceful manner. Governments have always been willing to use their own Courts to collect remedy for people using the force of government. So WHO were they afraid would close the Courts? WHO would do so to deprive a person of remedy for injury done in his lands, goods, person or reputation? WHO would deprive a person of due course of law? And WHO would have the ability to deprive a person of due course of law?
The WHO is government and, more specially, those who act in it’s name. The WHY is so that public servants can escape their servant capacity. Those employed as public servants do not want the entity in which they are employed to be held accountable for injuring the people they are paid to serve. If government is held accountable then those higher up in the entity will hold the individual public servants accountable to the Law. The Law will Rule and Liberty will prevail on our land of Texas.
The Founders of Law for our Land of Texas wisely sought to protect The People of Texas from the species of common law foreign to this land so that the common Law of our Texas Constitution could prevail. They decreed that the open Courts and Right to Remedy clause never be violated by any of the three divisions of government nor all three working in collusion. This is, today, Section 29 of our Texas Constitution’s Article 1 Bill of Rights:
Sec. 29. BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT AND INVIOLATE. To guard against transgressions of the high powers herein delegated, we declare that everything in this “Bill of Rights” is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Our Texas Constitution is our ‘common law’. It overrules and supersedes any ‘common law’ from a foreign land regardless of how old or well established government attorneys and Judges in our Judicial division might claim it to be. We, The People, are the Sovereign. Government cannot have immunity. WE, the People of Texas, the common citizen employed in the private sector of our economy, are immune from prosecution by the government absent our consent. But Judges who have spent their entire life in the public sector of our economy (government employees) have established some ‘stare decise’ or precedent they say is based on ancient common law that says the exact opposite. That is common law that is foreign to this jurisdiction and is void.
The open courts clause with the Right to Remedy provisions of our Texas Constitution’s Bill of Rights were written specifically for a case like mine. For my claim upon The State of Texas for injuries in property taken, damaged, and destroyed by The State of Texas. So that I can have the remedy and restitution in the amount proven in a Court of the State of Texas to require the payment to him the sum of $1,593,000.
Any Law or Memorandum Opinion to the contrary is VOID. The Final Judgment remains a legal obligation the State of Texas pursuant to the Open Courts provision of our Texas Bill of Rights.