State Unconstitutionally Overriding "Exclusive Original Jurisdiction" of County Governments

State Unconstitutionally Overriding
“Exclusive Original Jurisdiction”
of County Governments

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We have a question for you. If your bully-ish neighbor came over to your house and started telling you how to run your household, how to raise your children, how to drive your car, how to cook your dinner, or even how to run your business, trying to intimidate you, and you never even asked for their input… what would you think about that?

It’s not the neighbor’s place to tell you what to do. We would tell that intrusive neighbor, “Get outta here!” Only YOU have the say over your household.

It’s the same way with the State of Arkansas bossing around the cities and counties!

Justices of the Peace, YOU have the say in YOUR county. You hold what’s called “Exclusive Original Jurisdiction”, and ONLY you can introduce local legislation.

We must stand and defend our cities, our counties, and our United States against enemies, both foreign (external) and domestic (internal)!

Lately, we have had bully-boy RINO legislators creating unconstitutional laws taking away jurisdiction from the cities and counties in Arkansas which they are NOT authorized to do. This is regional government where the people have no control. The lies perpetuated by our political leaders must stop.

• But a Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever. John Adams

• The people are the only legitimate fountain of power. James Madison

• If you want something you’ve never had, you must be willing to do something you’ve never done. Thomas Jefferson

Remember Arkansas’ State Motto?

Regnat Populus

which is Latin for “the people rule.”

No other state employs this motto, in either Latin or English,
although South Dakota’s comes close:
“Under God, the people rule.”

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State government vs. local government

Remember, the people rule in each county! The county has exclusive original jurisdiction, and the state cannot usurp the county! If people do not wish to have crypto mining sites, fluoridated drinking water, or alcohol easily available, or anything else, then it should NOT be allowed. The state government should NOT tamper with local, city, and county government. There are scores of violations from the state legislature that need to be addressed!

Blacks Law Dictionary 4th Edition

Exclusive Original Jurisdiction in all cases. Constitutional provisions, giving circuit court “exclusive original jurisdiction in all cases in equity”, established in circuit court exclusive jurisdiction in all cases in equity involving matters which were of exclusive equity jurisdiction under the common law. In re Niernsee’s Estate, 147 fla. 388, 2 So. 2d 737, 739.

With “Exclusive Original Jurisdiction“ if the parties cannot settle the matter, no other court but the Supreme Court has authority, under the Constitution, to take jurisdiction. The Counties have more power than the state government when it comes to “Exclusive Original Jurisdiction”.

County Judges and Justices of Peace (JPs), you need to take back the control that was stolen from you by the Governor and State Legislators. Counties, don’t let the state or county attorneys bully you into doing something that violates your rights and constitutional authority under “Original Exclusive Jurisdiction”. The Association of Arkansas Counties might say, “That’s not in the handbook!” But… their handbook is NOT government, and they should not be making policy! Their handbook is put out by a NON-Governmental Organization (NGO).

A communist yoke is hung around our necks with the type of unconstitutional legislation listed below. It is the enemy of liberty! These Acts need to be repealed.

Examples of the Arkansas UNCONSTITUTIONAL Legislation identified as follows:

• Act 655 (SB472) To Authorize the State Park to sell alcoholic beverages; for On- Premises consumption without obtaining a permit from the Alcoholic Beverage Control Division; and for other purposes. Sponsors: Senator Missy Irvin of Mountain View and Representative John Maddox of Mena
  Special note: Arkansas’ Brian Sanders (husband of Arkansas Governor Sarah Huckabee Sanders) endorsed this legislation and claimed it would attract more tourism into Arkansas. But Act 655 is STILL unconstitutional.

• Act 851 (HB1799) To create the Arkansas Data Centers Act of 2023; and to clarify the regulation of the Digital Asset Mining Business. Sponsors: Senator Joshua Bryant of Rogers and Representative Rick McClure of Malvern. This traitorous Act deals with the dangerous crypto mining sites, and none of these crypto mining sites should be run by foreign entities — especially Communist China!

• Act 819 (HB1654) To provide sales and use tax exemptions for data centers; and to provide a sales and use tax exemption for data center equipment, data center costs, certain services provided to a data center, and electricity used by a data center. Sponsors: Senator Jonathan Dismang of Beebe and Representative Aaron Pilkington of Knoxville. This is another traitorous Act that deals with the dangerous crypto mining sites. None of these crypto mining sites should be run by foreign entities — especially Communist China! WHY are we giving the Communist Chinese tax exemptions???

• Act 350 (HB250) To amend the law concerning paper ballots; to amend the law concerning marking and counting paper ballots; to amend the law concerning the declaration of election results; and to declare an emergency. Sponsors: Senator Kim Hammer of Benton and Representative Wayne Long of Bradford. Presently, the quorum court of each county shall choose by resolution a voting system containing voting machines or computerized vote tabulating devices, or both, or voting machines in combination with paper ballots counted by hand for use in all elections in the county. AR Code § 7-5-301 (2022). Act 350 will penalize each county that elects to go to a paper ballot instead of a machine. Our greedy legislators should be working for the people rather than the deep state that is throwing money into their campaign chests.

• Act 197 (SB359) An Act to provide for certain water systems to maintain a level of fluoride to prevent tooth decay; and for other purposes. Unfortunately, this unconstitutional Act was passed and mandated in 2011 by the Arkansas State Legislator and signed into law by Governor Mike Bebee. Again, the Governor and State Legislators violated the Counties by usurping the Counties of their exclusive original jurisdiction powers. Sponsors: Senators D. Johnson, P. Malone, Crumbly, Bookout, Burnett, L. Chesterfield, J. Dismang, Elliott, S. Flowers, G. Jeffress, J. Jeffress, M. Lamoureux, Luker, Salmon, R. Thompson, E. Williams, D. Wyatt, Files and By: Representatives Tyler, Allen, Fielding, Gaskill, Hall, Hyde, Kerr, Leding, Love, Lovell, Murdock, Perry, J. Roebuck, T. Steele, Stewart, Walker, Webb, B. Wilkins, Word, T. Baker, E. Elliott, T. Thompson, H. Wilkins, Williams, Woods.

Passing these Acts seems like something Joe Biden does with his unconstitutional Executive Orders. Unconstitutional legislation like the above is moving our cities, counties, states, and our nation towards globalism! This centralizes government towards a New World Order, and we do not want that. And not every county in the state should be the same because that’s centralization. Each county is unique and should be treated as such!

Secure Arkansas is once again bringing attention to the Arkansas Governor’s office that apparent fraud was used to set the policy upon which the legislators based their vote in support of HB1654  (AN ACT TO PROVIDE SALES AND USE TAX EXEMPTIONS FOR DATA CENTERS; TO PROVIDE A SALES AND USE TAX EXEMPTION FOR DATA CENTER EQUIPMENT, DATA CENTER COSTS, CERTAIN SERVICES PROVIDED TO A DATA CENTER, AND ELECTRICITY USED BY A DATA CENTER; AND FOR OTHER PURPOSES.)

Hey, Governor Sarah Huckabee Sanders and Arkansas legislators, when will you repeal these unconstitutional Acts? The people want an answer NOW. You all need to stop acting like criminals. Remember that the people rule when it comes to county issues.

The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. Actually, the U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law which violates the Constitution to be valid. Court rulings are below.

• All laws which are repugnant to the Constitution are null and void. Marbury vs. Madison, 5 US (2 Cranch) 137, 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 US 436 p. 491

The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it, an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statue not been enacted.

Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it…

An void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statue runs counter to the fundamental law of the land, it is superseded thereby.

• No one is bound to obey an unconstitutional law, and no courts are bound to enforce it. 16 Am Jur 2d, Sec 177, late 2d, Sec 256

The Quorum Court of each county has exclusive original jurisdiction in every matter… of local concern.

Constitution of the State of Arkansas of 1874

Ark. Constitution Art. 7, § 28, 29 & 30

§ 28. County courts — Jurisdiction — Single judge holding court.  

The County Courts shall have exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries, paupers, bastardy, vagrants, the apprenticeship of minors, the disbursement of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties. The County Court shall be held by one judge, except in cases otherwise herein provided.

§ 29. County judge — Election — Term — Qualifications.  

The judge of the county court shall be elected by the qualified electors of the county for the term of four (4) years. He or she shall be at least twenty-five (25) years of age, a citizen of the United States, an individual of upright character, of good business education, and a resident of the state for two (2) years before his or her election; and a resident of the county at the time of his or her election, and during his or her continuance in office. [As amended by Const. Amend. 95.]

§ 30. Quorum court — County judge and justices of peace.  

The Justices of the Peace of each county shall sit with and assist the County Judge in levying the county taxes, and in making appropriations for the expenses of the county, in the manner to be prescribed by law; and the County Judge, together with a majority of said Justices, shall constitute a quorum for such purposes; and in the absence of the County Judge a majority of the Justices of the Peace may constitute the court, who shall elect one of their number to preside. The General Assembly shall regulate by law the manner of compelling the attendance of such quorum.

Arkansas Code Covering County Exclusive Original Jurisdiction

14-14-1105. Jurisdiction of county court. 

(a) The General Assembly determines that all powers not vested in the county judge under the provisions of Arkansas Constitution, Amendment 55, to be exercised by the county judge as the chief executive officer of the county, shall continue to be exercised and administered by the county court, over which the judge shall preside.

(b) The county court of each county shall have exclusive original jurisdiction in all matters relating to:

(1) County Taxes. Jurisdiction shall include all real and personal ad valorem taxes collected by a county government, including all related administrative processes, assessment of property, equalization of assessments on appeal, tax levies, tax collection, and distribution of tax proceeds. This jurisdiction shall be exercised pursuant to law;

(2) Paupers. Jurisdiction shall include all county administrative actions affecting the conduct of public human services programs serving indigent residents of the county where such services are financed, in total or in part, by county funds;

(3) Apprenticeship of Minors. Jurisdiction over juvenile matters is vested in the county courts of each county and shall be exclusive in all cases of delinquency, juveniles in need of supervision, and dependency-neglect;

(4) Jurisdiction in Each Other Case that May Be Necessary to the Internal Improvement and Local Concern of the Respective Counties. Jurisdiction shall include county financial activities and works of general public utility or advantage designed to promote intercommunications, trade and commerce, transportation of persons and property, or the development of natural resources, which are not otherwise transferred to the county judge to be administered in his or her executive capacity under the provision of Arkansas Constitution, Amendment 55; and

(5) Other Jurisdiction. The county court shall have all other jurisdiction vested by law in the county court, excepting with respect to those powers formerly vested in the county court under the provisions of Arkansas Constitution, Article 7, § 28, which were transferred to the county judge under the provisions of Arkansas Constitution, Amendment 55, § 3.

Notice to Public Officials (Servants): ACTION is required from County Judges, Justices of the Peace (JPs) and also Mayors and City Council members. JPs in all affected areas of crypto mining counties, please don’t be intimidated by some hired or volunteer attorney, the Arkansas Municipal League (a Non-governmental organization/NGO or the Arkansas Association of Counties (another NGO). Don’t let the State dictate or overrule your exclusive original jurisdiction.

Local elected officials, if you are asking for advice or guidance from your city or county attorney, be sure to get their answers in writing. Hold their feet to the fire.

Crypto Mining/Data Mining/Cybermining Facilities in Arkansas -  Planned and existing as of May 2023

• Greenbrier (Faulkner County)

• Harrison (Boone County) – Temporarily on hold for 1 year

• Little Rock (Pulaski County)

• Malvern (Hot Spring County)

• Morilton (Conway County)

• Mountain Pine (Garland County)

• Newport (Jackson County)

• Russelville (Pope County)

• Vilonia (Faulkner County)

• Walnut Ridge (Lawrence County)

• Wooster (Faulkner County) Information meeting was held 4/22/23 at Faulkner County Quorum Court

• Pine Bluff (Jefferson County) – Issue is dead for now

We believe that God has ordained civil government, and it is a divine institution over mankind meant for good. Please don’t let our civil government become a curse upon us.

Elected officials, please put the governor and the state legislators on notice about violating Arkansas Constitution Article 7, § 28, regarding exclusive original jurisdiction. The State CANNOT take exclusive original jurisdiction away from the counties.

For Harrison, the ordinance for the temporary moratorium on crypto mining data centers is not the answer OR the solution. All it does is delay the consequences. The people need to demand an ordinance to disallow the unconstitutional legislation passed by the Arkansas state legislature (such as HB1654 and HB1799). These are a few examples of bills, but it could include any other bills that tried to take away the exclusive original jurisdiction of the county courts and the county judges.

The JPs need to introduce an ordinance to block HB1799 in their counties and exercise their Exclusive Original Jurisdiction in this matter and ALL other county matters… including public water fluoridation and the electronic voting machines! JPs, don’t let this opportunity pass you by. We need to stand strong. Regional government is here, but you need to take action to exercise exclusive original jurisdiction.

Represent your constituents in your districts, and support the will of the people. Help put things right again, and get these matters out of the hands of regional government.

Now is the time!

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Securing the blessings of liberty,

Secure Arkansas
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