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."
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 isnt 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
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:
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:
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:
"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)."
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:
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
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:
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:
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 Courts rationale was direct and simple: The Constitution does not authorize taxing one for the benefit of another."
Dan Meador forewarned: "Todays 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 were 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
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
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:
c/o P.O. Box 547, Marland, Oklahoma 74644
1108 N. 2nd Street, Ponca City, Oklahoma 74601