In Memoriam of Dan Meador

by New York Attorney Mark Ferran
November 11, 2003


 
Subject: In Memoriam of Dan Meador, R.I.P. 2003

 
The recently departed Dan Meador, who was admitted to law school at Oklahoma City University but did not pursue a law degree, was, in his own words, "dedicated to restoring the rule of law.
 
http://www.lawresearch-registry.org/lrsmnar.htm
 
Through his "independent study of the law" Meador realized that the "Constitution imposes 'thou shall not' restrictions on States of the Union - states shall not  ["deprive any person of Life, Liberty, or Property, without Due Process of Law; nor deny to any person within its jurisdiction the Equal Protection of the Laws." ]  The Fifth Amendment due process clause is restrictive in the same sense: Thou shall not deprive any person of life, liberty or property without (judicial) due process of law (in the course of the common law). And federal government officials shall not exercise any power that isn’t enumerated in the Constitution.  The declaratory and restrictive clauses are to federal officers and employees as the Ten Commandments are to Christian and Jewish faith communities"
 
Indeed, "The Constitution commands to the official: 'Thou shalt not steal' a person's property under color of law or pretense of authority."  http://www.givemeliberty.org/spotlights/archive/March1999/markferran.htm
 
"The Due Process of Law commandment in the Fourteenth Amendment is a codification of the rule prescribed in Deuteronomy that the King shall read and keep within the Law, and deviate neither to The Right Nor to The Left, nor shall he commit theft, nor murder.  "The due process clause requires that every man shall have ... the benefit of the general law, ... so that every citizen shall hold his life, liberty and property and immunities under the protection of the general rules which govern society.  It of course tends to secure equality...." Truax v. Corrigan, 257 US 312, 331, 338 (1921)."  http://billstclair.com/ferran/fourteenth.html
 
"The commandment in the Fourteenth Amendment that the People in each state must give to every "person" within their jurisdiction the "equal protection of the laws," is a codification of the Ancient Hebrew "One Law" (for citizens and strangers alike) principle and a codification of Jesus' Golden Rule (i.e., you and your neighbors should be treated equally by all humans administering the power of the sword).   "It sought equality of treatment of all persons ... similarly situated. .... It means that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons or other classes in the same place and under like circumstances."  Truax v. Corrigan, 257 US 312, 331, 338 (1921).
http://billstclair.com/ferran/markferran1.html http://billstclair.com/ferran/fourteenth.html
Meador wrote: "And thanks to Richard Cornforth, I have considerably better understanding of "due process" than I used to: There must be evidence verified by a competent witness to establish whatever facts are at issue, then application of law to facts must be proven."

Richard Cornforth explained to Dan Meador that:

"The essence of the Fourteenth Amendment in a Nutshell:  The Constitution of the United States was written to protect us from intrusion of our God given Rights by the Federal Government.  The Fourteenth Amendment was necessary to protect us from intrusion on our God Given Rights by state governments, political subunits [e.g., cities, towns, counties], and individuals who act under color of law."  Richard Cornforth, Secrets of the Legal Industry  http://www.familyguardian.tzo.com/PublishedAuthors/Indiv/CornforthRichard/SecretsOfTheLegalIndustry.pdf

"Fairly construed [the Fourteenth Amendment] may be said to rise to the dignity of a new Magna Charta. .... Every word employed has an established signification. ...."Due process of law" is the application of the Law as it exists, in the fair and regular course of administrative procedure. "The equal protection of the laws" places all upon a footing of legal equality and gives the same protection to all for the preservation of life, liberty, and property, and the pursuit of happiness."

Supreme Court Justice Swayne J, The Slaughter-House Cases, 83 U.S. 36, 125-27 (1872) (Swayne J., Dissenting).  http://billstclair.com/ferran/markferran1.html

 
Meador recognized that all people residing in the several US states have rights "secured by the Fourteenth Amendment."
 
And Meador wrote: "The Constitution of the United States has been construed as containing limitations upon state power.... These are the interstate commerce clause, the due process provision of the Fourteenth Amendment and the full faith and credit clause."
 
Meador explained in 1997 that:  "Due process assurances in the Fifth and Fourteenth Amendments do not equivocate -- administrative seizures without due process can be equated only to tyranny and barbarian rule.   ...   An exaction by the U.S. Government, which is not based upon law statutory or otherwise, is a taking of property without due process of law, in violation of the Fifth Amendment to the U.S. Constitution."
 
Indeed, the US Supreme Court has explained this principle as follows:

"Due process of law requires, first, the legislative act authorizing the [depriv]ation, pointing out how it may be made....; and, second that the parties or officers proceeding to make the [depriv]ation shall keep within the authority conferred, and observe every regulation which the act makes for the protection or in the interest of the property owner, except as he may see fit voluntarily to waive them."

Chicago, Burlington &c. R'd v. Chicago, 166 U.S. 226, 241 (1896) (quoting 2 Story Const. § 1956 (Cooley ed.)).  http://billstclair.com/ferran/markferran1.html


"The absence of proper prior statutory authority for the [deprivation] constitutes a denial of the substantive element of due process."

Nichols, On Eminent Domain, § 4.9.  http://billstclair.com/ferran/markferran1.html

 

"Fairly construed [the Fourteenth Amendment] may be said to rise to the dignity of a new Magna Charta. .... Every word employed has an established signification. ...."Due process of law" is the application of the Law as it exists, in the fair and regular course of administrative procedure. "The equal protection of the laws" places all upon a footing of legal equality and gives the same protection to all for the preservation of life, liberty, and property, and the pursuit of happiness."

Supreme Court Justice Swayne J, The Slaughter-House Cases, 83 U.S. 36, 125-27 (1872) (Swayne J., Dissenting). http://billstclair.com/ferran/markferran1.html

The Constitution absolutely forbids any government agent from committing any deprivation "of life, liberty, or property without due process of law." By the Constitution, no "power is given, but is absolutely prohibited, both to the executive and the legislative, to deprive anyone of life, liberty, or property without due process of law...." United States v. Lee, 106 U.S. 196, 220 (1882); Tindale v. Wesley, 167 U.S. 204, 217 (1897).  http://billstclair.com/ferran/markferran1.html

Meador once approvingly quoted a judge who admitted that: "Much of the success of any form of government depends upon the opinion of those governed, of its power to protect them in the administration of the laws, and in the wisdom and integrity of those who govern. When the courts do not uphold the laws, respect for law and for government ceases."
 
Indeed, "History teaches that the ultimate consequence of the failure of our government agents to abide by the Law of the Land and to obey and compel obedience to our Constitution, may include the destruction of the Government and The People of the United States."  http://billstclair.com/ferran/markferran1.html  As Abraham Lincoln warned decades before the first American Civil War, Mr. Justice Brandeis, of the US Supreme Court, repeated for the People and Judges of this generation, that:
 

In a government of laws, the existence of the government will be imperilled if it fails to observe the law scrupulously.  Our government is the potent, the omnipresent teacher.   For good or for ill, it teaches the whole people by its example.  Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.

Olmstead v. United States, 277 U.S. 438, 469-471, 48 S.Ct. 564, 569-570. (Dissenting opinion.)

"Lawlessness in government today poses the same grave threat to "Government of the People, By the People, For the People," that it did at the time of the adoption of the Law Clauses of the Fourteenth Amendment following the Civil War (1868)." http://billstclair.com/ferran/markferran1.html
 

About attorneys and Judges, Meador wrote: "we can weed out shysters and incompetents, so while it would benefit victims, it would simultaneously benefit the law profession by reducing it to honest, capable people" like those spoken of in the Bible:
 
"Select capable men from all the people--men who fear God, trustworthy men who hate dishonest gain--and appoint them as officials over thousands, hundreds, fifties and tens. Have them serve as judges for the people at all times...." Exodus 18:21-22
 
Do not pervert justice; do not show partiality to the poor or favoritism to the great, but judge your neighbor fairly. Leviticus 19:15
 
"Public Trust and Confidence - Compliance with the law depends, to some degree, on public respect for the court. Ideally, public trust and confidence in trial courts should stem from the direct experience of citizens with the courts. The maxim "Justice should not only be done, but should be seen to be done!" is as true today as in the past." http://www.commonlawvenue.com/Documents_CaseLaw/AntiGovHndbk/Ami_Total.doc

 
"The Christian Lawyer www.thechristianlawyer.com.  Mr. Atherton is concerned that generations of Americans have grown up without knowing what true liberty is. He has established this site to set forth a Christian view of the role of government and to minister unto lawyers, law makers, judges and law enforcement authorities."  http://www.shalaw.com/Minister.htm
 
Jesus and the Bible also gave similar advice for attorneys-at-law and Judges:  “And behold, a certain lawyer stood up and tested Him, saying, “Teacher, what shall I do to inherit eternal life?” He said to him, “What is written in the law? What is your reading of it?” So he answered and said,  “You shall love the Lord your God with all your heart, with all your soul, with all your strength, and with all your mind,  and  your neighbor as yourself.” And He said to him, “You have answered rightly; do this and you will live.”  Luke 10:25-28
 
“Learn to do right! Seek justice, encourage the oppressed. Defend the cause of the fatherless, plead the case of the widow.” Isaiah 1:17   http://www.perryhaas.com/newcontact.html
 
"Speak up for those who cannot speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the rights of the poor and needy." Proverbs 31:8-9
 
James Madison explained:
"If men were angels, no government would be necessary.  If angels were to government men, neither external nor internal controls on government would be necessary.  In framing a government which is to be administered by men over men, the great difficulty lies in this:  you must first enable the government to control the governed; and in the next place oblige it to control itself."  Federalist #51

Echoing Madison's classical views of government, Meador wrote:
 
 
"Government exists by consent of the governed. It exists for the purpose of securing and preserving unalienable rights vested in mankind by providing a reliable environment of law that prevents one from transgressing the rights of another.  In the American system, governments exist by virtue of written constitutions that vest them respectively with enumerated powers. The public servant may not exercise power not vested in him by applicable constitutions. In the American system, state and national governments are established as republics, with three distinct and separate branches. The legislative branch is responsible for creating offices and agencies not specifically created by applicable constitutions, and enacting positive law (written law) to carry constitutionally enumerated powers into effect. The administrative branch is responsible for administration of laws enacted by the legislative branch within the confines of natural law and constitutionally enumerated powers. The judicial branch is responsible for declaring the law and determining rights and remedies between adversaries.  ...  While state and national governments are deemed to have sovereign immunity, public servants are at all times accountable for acts that exceed constitutionally enumerated powers and lawful authority otherwise vested in their respective departments and offices.  ...   Congress is responsible for setting aside sovereign immunity via written positive law."  http://www.flash.net/~ur2good/American%20Enemies.HTML
 
""[T]he prohibition against the deprivation of property without due process of law reflects the high value, embedded in our constitutional and political history, that we place on a person's right to enjoy what is his, free of governmental interference." Fuentes v. Shevin, 407 U.S. 67, 82 (1972) (citing Lynch v. Household Finance Corp., 405 U.S. 538). By the Due Process of Law Clauses of the Constitution, State and Federal Officials are "absolutely prohibited ... to deprive anyone of life, liberty, or property without due process of law." United States v. Lee, 106 U.S. 196, 220 (1882); Tindale v. Wesley, 167 U.S. 204, 217 (1897). "The enforcement of these limitations by judicial process is the device of self-governing communities to protect the rights of individuals ... as against the violence of public agents transcending the limits of lawful authority, even when acting in the name and wielding the force of the government."
Hurtado v. California, 110 U.S. 516, 535-36 (1884).  http://billstclair.com/ferran/markferran1.html#transcending
 
Following a series of  deprivations suffered by his family, including "an Internal Revenue Service administrative garnishment that lasted for 15 months, putting us in the hole financially, with the result being a bank foreclosure against our home, and a consumer credit foreclosure through which we lost a touring motorcycle" Meador continued his "independent" study of the Federal Income Tax and the Federal Government's entanglement in banking and the economy.  http://www.lawresearch-registry.org/bnklettr.htm
 
Meador became alarmed that "State, local and Federal representatives signed the 1937 Declaration of Intergovernmental Dependence, and an updated version in 1976. The clear intent was and is overthrow of State and national constitutions and destruction of the constitutional republic, replacing the rule of law with lust for power and wealth that travels under color of law."  http://www.lawresearch-registry.org/bnklettr.htm
 
Dan Meador saw, in the abuse of the Federal Income Tax, a loss of sovereignty (i.e., the power to make Law) of the People in the several States, explaining:
"United States Government may exercise only constitutionally enumerated powers. All other powers are reserved to States of the Union respectively, or to the people.  State governments are vested with powers enumerated in their respective constitutions, and are generally vested with authority over matters such as common crimes, enforcement of contracts, and the like. To exercise authority over any given subject not specifically addressed in the applicable constitution, or not recognized in the lineage of English-American common law, the constitution of the state must be amended to reach the subject at issue.  By virtue of the people having divested themselves of powers enumerated in the Constitution of the United States, United States Government is deemed to be sovereign...."
Others have confirmed the concerns that Dan Meador expressed: 

 Federal Extortion Federal Lawmakers Are Using Income Tax Dollars To Buy Powers Reserved to the States http://www.actionamerica.org/constitution/amend10.html
 
Dan Meador argued:
"State governments cannot accommodate exercise of a Federal power not enumerated in the Constitution of the United States without first securing a constitutional amendment. This may not otherwise be accomplished by amendment of state constitutions, legislation, administrative regulation, or judicial order.  Law that exceeds or is contrary to constitutionally enumerated powers is void. It is merely color of law, a nullity. Unconstitutional law does not create a right, benefit, or privilege for anyone, and does not provide immunity for public servants. Those who exceed constitutionally enumerated powers are deemed to do so for self-serving ends."  http://www.flash.net/~ur2good/American%20Enemies.HTML
Meador commented: "In 1935, the U.S. Supreme Court overturned Congress’ first effort to legislatively impose a social welfare program. The early legislation applied to rail workers. The Supreme Court’s rationale was direct and simple: The Constitution does not authorize taxing one for the benefit of another."
 
Dan Meador forewarned: "Today’s pyramid of public debt, and a vast majority of our private debt  ...  has compromised sovereignty and solvency of the nation, and in the event of economic calamity, it will be the chief source of consternation and discord.   ...  We are rapidly approaching economic shipwreck; what happens in the wake of the economic debacle depends on the American people, particularly the faith community. In order to avoid complete system meltdown, we must effect what amounts to a modern Jubilee.  ...  But we’re ultimately talking about political remedies, not just judicial."
 
Again, Dan Meador's concerns have been shared by others: 
See 
Tick - Tick - Tick The Economy Bomb
http://www.actionamerica.org/taxecon/ticktick.html
 
I am sure that Dan Meador would agree that "The Unlimited Power to Tax the People has become the Unlimited Power to Control and Destroy the People" http://billstclair.com/ferran/markferran2.html
 
"American Citizens living at the end of the 20th Century should not have to live in fear that they will be deprived of their property, or life, or liberty by lawless public officials.  Public officials have a duty to know the Law and to know the limits of their lawful authority and "keep within" that authority.  This is the most basic duty of civilized government. This a duty which is too frequently violated by local, state, and Federal officials."  http://www.givemeliberty.org/spotlights/archive/March1999/markferran.htm
 
"It was the intention of our forefathers, and the Framers of the US Constitution, and the Bill of Rights, and of the Fourteenth Amendment of the Constitution of the United States, to give Americans at least the protection against governmental power that they had enjoyed as Englishmen against the power of the Crown.'  Ingraham v. Write, 430 U.S. 651, 672-3 (1976)."  http://billstclair.com/ferran/markferran1.html
 

[O]ur fathers were not absurd enough to put unlimited power in the hands of the ruler and take away the protection of law from the rights of individuals. [That course would not] 'secure the blessings of liberty to themselves and their posterity.' (Preamble, US Constitution) They determined that not one drop of the blood which had been shed on the other side of the Atlantic, during seven centuries of contest with arbitrary power, should sink into the ground; but the fruits of every popular victory should be garnered up in this new government. Of all the great rights already won they threw not an atom away. They went over Magna Charta, the Petition of Right, the [English] Bill of Rights, and the rules of the common law, and whatever was found there to favor individual liberty they carefully inserted in their own system, improved by clearer expression, strengthened by heavier sanctions, and extended by a more universal application. They put all those provisions into the organic law, so that neither tyranny in the executive [or judiciary], nor ... in the legislature, could change them without destroying the government itself.

Ex Parte Milligan, 71 U.S. 2, 18 L.Ed. 281, 4 Wall. 2 (1866).

In Memory of Daniel Meador, and in Honor of our forefathers who died to establish the rule of Just and Equal Laws, American citizens and patriots should continue the struggle to RESIST UNAUTHORIZED DEPRIVATIONS OF LIFE, LIBERTY AND PROPERTY, by through continuing dedication " to restoring the rule of law.

 

Mark R. Ferran BSEE scl JD mcl
 
Those who appreciate Dan Meador's contributions to the Resistance of Tyranny and his dedication to restoring the rule of law should consider sending their Condolences to his widow and his son at:
 
Gail Meador
c/o P.O. Box 547, Marland, Oklahoma 74644 
 
or perhaps:
1108 N. 2nd Street, Ponca City, Oklahoma 74601
Telephone: (580)268-3422
dmeador@poncacity.net