The practice of Law is a common and unalienable right

By: James Allen Homyak


Here are my several convincing arguments to help you prove it to yourself and report to everyone that you and I can practice Law in our own defense (not Pro Se) as our common and unalienable right (in Sui Juris). You can’t make this stuff up, folks!  Also note where certain words below are both verbs and proper nouns.

1. WHEREAS, The practice of Law is an occupation of common right, the same being a secured liberty right (endowed to us by our Creator). (Sims v. Aherns, 271 S.W. 720 (1925)); and


2. WHEREAS, No State may convert a secured liberty right into a privilege, issue a License and fee for it. (Murdock vs. Pennsylvania 319 US 105 (1943)) (the same goes for using your Automobile); and 


3. WHEREAS, The practice of Law cannot be licensed by any state/State. (Schware v. Board of Examiners, 353 U.S. 238, 239 (1957)); and 


4. WHEREAS, Should any State convert a secured liberty right into a privilege, charge a fee and issue a License for it, one may ignore the License and fee and engage in the exercise of the right with impunity. (Shuttlesworth vs. City of Birmingham 373 U.S. 262 (1962)); and 


5. WHEREAS, “If you’ve relied on prior decisions of the Supreme Court you have a perfect defense for willfulness.” (U.S. v. Bishop, 412 U.S. 346), as “The claim and exercise of a Constitutional right cannot be converted into a crime.”(Miller v. U.S., 230 F.2d. 486, 489).; and 


6. WHEREAS, “Where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them.” (Miranda v. Arizona 384 U.S. 436, 86 S. Ct. 1602, 16 L.Ed. 2d 694 (1966)); and 


7. WHEREAS, Should any State convert any right to work into a privilege, issue a License and charge a fee, the same is unconstitutional, void, and without effect in Law. (Marburry vs. Madison 5 US 137 (1803)); and 


8. WHEREAS, “All acts of legislature apparently contrary to natural right and justice are, in our Laws and must be in the nature of things, considered as void. The Laws of nature are the Laws of God; whose authority can be superseded by no power on Earth. A legislature must not obstruct our obedience to Him from whose punishments they cannot protect us. All human constitutions which contradict his Laws, we are in conscience bound to disobey. Such have been the adjudications of our Courts of justice.” (Robin v. Hardaway, 1 Jefferson 109, 114 (1772)).; and 


9. WHEREAS, The Supreme Court has warned, “Because of what appear to be Lawful commands on the surface, many citizens, because of their respect for what appears to be Law, are cunningly coerced into waiving their rights, due to ignorance.” (U.S. v. Minker, 350 U.S. 179, 187), the general misconception among the Public being that any Statute passed by legislators bearing the appearance of Law constitutes Law.; and 


10. WHEREAS, a Statute is not a “Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248), a concurrent or joint resolution of legislature is not “a Law,” (Koenig v. Flynn, 258 N.Y. 292, 179 N.E. 705, 707; Ward v. State, 176 Okl. 368, 56 P.2d 136, 137; State ex rel. Todd v. Yelle, 7 Wash.2d 443, 110 P.2d 162, 165), nor is ‘Code’ “Law” (In Re Self v Rhay, 61 Wn (2d) 261) these being defined by Black’s Law Dictionary as rebuttable prima facie, or superficial, evidence of Law, a facade, represented by ‘Public Policy,’ being color-able, or ‘Color of Law,’ being ‘counterfeit or feigned’ as defined.; and 


11. WHEREAS, “The Natural Liberty of man is to be free from any superior power on Earth, and not to be under the will or legislative authority of man, but only to have the Law of nature for his rule.” – Samuel Adams; and 


12. WHEREAS, ‘Litigants may be assisted by unlicensed layman during judicial proceedings’ (Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar 377 U.S. 1; Gideon v. Wainwright 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425), and ‘Members of groups who are competent nonlawyers (hey, I’m a competent non-taxpayer) may assist other members of the group [family, association, or class] achieve the goals of the group in Court without being charged with “Unauthorized practice of Law.” ‘ (NAACP v. Button 371 U.S. 415; United Mineworkers of America v. Gibbs 383 U.S. 715; and Johnson v. Avery 89 S. Ct. 747 (1969).; and 


13. WHEREAS, “Each citizen acts as a ‘Private Attorney General who ‘takes on the mantel of sovereign’ ” (Title 42 U.S.C. Sec. 1983, Wood v. Breier, 54 F.R.D. 7, 10-11 (E.D. Wis. 1972; Frankenhauser v. Rizzo, 59 F.R.D. 339 E.D. Pa. (1973). “It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error.” (American Communications Association v. Douds, 339 U.S. 382, 442 (1950) and a Sovereign Citizen cannot be punished for sincerely held religious convictions, such as the belief that he is in fact born free and at liberty to act as such. (Cheek v. United States, 498 U.S. 192 (1991).; and 


14. WHEREAS, The “Private Attorney General” concept holds that a successful private party plaintiff is entitled to recovery of his legal expenses, including Attorney fees if he can advance a Policy inherent in Public interest legislation on behalf of a significant class of persons (‘Equal Access to Justice Act’; Dasher v. Housing Authority of City of Atlanta, Ga., D.C.Ga., 64 F.R.D. 720, 722) while “In the early days of our Republic, ‘Prosecutor’ was simply anyone who voluntarily went before the Grand Jury with a valid Complaint.” (United States v. Sandford, Fed. Case No.16, 221 (C.Ct.D.C. 1806).; and 


15. WHEREAS, any private citizen acting as Private Attorney General may bring suit against any Public Official in their private capacity under RICO for crimes against constitutionally protected natural liberty rights, often predicated upon mail and wire fraud, and allows average citizens acting as Private Attorneys Generals to sue those organizations that commit such crimes as part of their private criminal enterprise for damages. There are over 60 Federal Statutes that encourage private enforcement by allowing prevailing plaintiffs to collect Attorney’s fees. The object of RICO is thus not merely to compensate victims “but to turn them into Prosecutors,” acting as “Private Attorneys Generals,” dedicated to eliminating racketeering activity, and has the “further purpose [of] encouraging potential private Plaintiffs diligently to investigate.” (Malley-Duff, 483 U.S., at 151; 3 Id., at 187), and have been awarded judgments declaring entire cities, townships, and counties corrupt criminal enterprises. “The provision for treble damages is accordingly justified by the expected benefit of suppressing racketeering activity, an object pursued the sooner the better.” (Rotella v. Wood et al., 528 U.S. 549 (2000); Dasher v. Housing Authority of City of Atlanta, Ga., D.C.Ga., 64 F.R.D. 720, 722; See also Equal Access to Justice Act, and Civil Rights Attorney’s Fees Award Act of 1976).; and 


16. WHEREAS, Facts are stubborn things. And “we are each accountable to our maker for our words, deeds, and even our inaction, as all that is necessary for the triumph of evil is that good men do nothing. For when good men do nothing, they get nothing good done, and so help evil to triumph by their inaction. On the field of action is where all honor lies (1st Lady Abigail Adams), and “There is a higher loyalty than loyalty to this country, [being] loyalty to God” (U.S. v. Seeger, 380 U.S. 163, 172, 85 S. Ct. 850, 13 L. Ed. 2d 733 (1965), See also Public Law 97-280 declares The Bible the ‘true word of God,’ as Biblical Law, at “Common Law, which “supersedes all inferior Laws,” whereas “Christianity is custom, [and] custom is Law.” (Robin v. Hardaway 1790).; and 


17. WHEREAS, The A.B.A. and State Bar Associations are Non-Governmental, Private ‘Professional Associations,’ foreign agencies or powers with respect to government, and NOT a ‘Licensing Agency’ in fact or Law, though AT it apparently, attempting to copyright the operation and administration of that which originates with the author of the Law, under Color of Law pursuant to Public Policy and legalism it would seem, whereas no one stands in between man and God who is the author of the Natural and Common Law, which cannot be copyrighted for private use in Public administration of the Law for the purposes of graft, fraud, and legal plunder.; and 


18. WHEREAS, No legislation creates the BAR Association in any State, being a private closed union and power foreign to government, operating in the Americas in violation of the Taft/Hardy act as The 81st Congress in 1950 confirmed by investigation, and determination that the A.B.A is, in fact and Law, proof of which can also be located in the hard copy printing of 28 USC 3002, section 15a, a branch of the National Lawyers Guild Communist Party, and is run by Communists, whereas the online version of Title 28 USC has been altered to read something entirely different, apparently because this fact has shown up in too many Court Petitions and Memorandums of Law over the past 100 years.; and 


19. WHEREAS, No Public Institution, State Office or instrumentality accredits any Law School or holds Bar examinations, as the Bar Association accredits all Law Schools, conducting private examinations and selecting the students they will accept into their private fraternity, issuing these a Union card as a defacto License, keeping the fees for themselves. They do not issue State Licenses to Lawyers, and the “State BAR” Card is not a “License” per-say, but rather a “Union Dues Card.”; and 


20. WHEREAS, The “CERTIFICATE” issued to Public Trustee/servants in each State by the Supreme Court of each State IS NOT A License to practice Law as an occupation, nor to do business as a Law Firm, but rather authorizes only the practice of Law “IN COURTS” as a member of the State Judicial Branch of Government, to represent only “Wards of [the] Court, Infants and persons of unsound mind…” (See Davis’ Committee v. Loney, 290 Ky. 644, 162 S.W. 2d 189, 190.” – Black’s Law Dictionary, 6th Ed., Corpus Juris Secundum Volume 7, Section 4.) while “Clients are also called ‘wards of the Courts’ in regard to their relationship with their Attorneys.” – 7 CJS § 2.; and 


21. WHEREAS, Attorneys authorized to practice Law in the Courts to represent wards of the Court, such as infants and persons of unsound mind, are not authorized to represent any private citizen nor any for-profit business, such as the privately incorporated and Federally funded STATE. Corpus Juris Secundum, Vol. 7, Sect. 4., as “…(A)n Attorney occupies a dual position which imposes dual obligations…” the same being a conflict of interest. – 7 CJS § 4.; and 

22. WHEREAS, Attorneys, Judges, and Justices, those who keep an Attorney on retainer to represent them as most all do, as “clients,” being thus “wards of the Court,” are therefore as defined in Law “Infants or persons of unsound mind.”; and 


23. WHEREAS, The U.S. Constitution Guarantees to every State in this Union a Republican Form of government, any other form of government being FORBIDDEN. Whereas there is No Power or Authority for the joining of Legislative, Judicial, and Executive branches of Government by a private monopoly over these, limiting and restricting eligibility or entry to key Public Offices to Union members alone, creating the RULING CLASS of an ARISTOCRACY, the A.B.A., State Bar, and State Supreme Court’s currently do in violation of Article 2, Section 1, Separation of Powers clause of the U.S Constitution, the same being an Unconstitutional Monopoly, operating in Texas in violation of Article 1, Section 26 of the Texas Bill of Rights, being an “ILLEGAL & CRIMINAL ENTERPRISE” as defined under RICO, whereas Senate Report No. 93-549 clearly points out and admits that an abridgment of the “Supremacy Clause” and “Separation of Powers” has in this respect in fact occurred.; and 


24. WHEREAS, In 1933, as expressed in Roosevelt’s Executive Orders 6073, 6102, 6111, and 6260, House Joint Resolution 192 of June 5, 1933 confirmed in Perry v. U.S. (1935) 294 U.S. 330-381, 79 LEd 912; 31 USC 5112, 5119, and 12 USC 95a, the U.S. declared Bankruptcy. When the Government went bankrupt, it lost its sovereignty, and being to big to fail, excepted a buy out and went into receivership, to be reorganized, restructured, and privatized, in favor of its foreign creditors and presumed new owners, criminals whose avowed and stated intent was to plunder, bankrupt, conquer, and enslave the people of The United States of America. “…every American will be required to register their biological property in a National System designed to keep track of the people and that will operate under the ancient system of pledging… By such methodology, we can compel people to submit to our agenda, which will affect our security as a chargeback for our fiat paper currency. Every American will be forced to register or suffer not being able to work and earn a living. They will be our chattel, and we will hold the Security Interest over them forever, by operation of the Law Merchant under the scheme of secured transactions. This will inevitably… leave every American a contributor to this fraud which we will call “Social Insurance.” – Col. Edward Mandell House.; and 


23. WHEREAS, The goal, of an occult theocracy of the ancient mystery school of deceit, it has been alleged, was to merge the people with government in America, reversing their roles in Law and erasing all distinction between jurisdictions in Law, public and private, under Public Policy and ‘color of…’ or ‘colorable’. … Law, absorbing both into a private commercial Corporation supplanting lawful government and claiming ownership and Legal Title to the people themselves, all State Public Institutions having created a “Shadow [of] Government,” in furtherance of these schemes by privately incorporating all for profit between 1940 and 1970. Admitted in numerous responses to administrative remedy petitions, all Public Offices are in fact now vacant, and Private Contractors masquerade as Public Officials, who cannot as such hold positions of Public Office or Trust.; and 


24. WHEREAS, Corporations have a LEGAL obligation to maximize profits. “When government becomes a Corporation, it ceases to be government” (See Clearfield Doctrine), and by becoming a Corporation, lays down its sovereignty, so far as respects the transaction of the Corporation, and exercises no power or privilege which is not derived from the Charter (U.S. v. Georgia-Pacific Co., 421 F.2d 92, 101 (9th Cir. 1970), Corporations being fictions from which no Law may originate, as no right of action may originate from fraud, invalidating much of the last 100 years of American Jurisprudence, both State and National legislation.; and 


25. WHEREAS, all revenue now belongs to admiralty maritime jurisdiction (Huntress), and ‘neither for profit government nor the foreign statute merchant or agent has access to sovereign immunity even though the agent himself may have been unaware of the limitations upon his authority.’ (See Utah Power & Light Co. v. United States, 243 U.S. 389. 409, 391; United States v. Stewart, 311 U.S. 60, 70, 108; In re Floyd Acceptances, 7 Wall. 666: United States v. Stewart, 311 U.S. 60, 70, 108; Federal Crop Insurance v. Merrill, 332 U.S. 380, 1947) (Government may also be bound by the doctrine of Equitable Estoppel if acting in proprietary [for profit nature ] rather than sovereign capacity); the “Savings to Suitor Clause” is also available for addressing mercantile and admiralty matters aka “civil process” at the Common Law and within a State Court or by Removal to Federal District Court exercising Admiralty Maritime Ecclesiastic Jurisdiction in which the State may not hear cases against the State or an Agent thereof. (Citation needed); and 


26. WHEREAS, the Eleventh Amendment does not protect State Officials from claims for prospective relief when it is alleged that State Officials acted in violation of Federal Law (Warnock v. Pecos County, Tex., 88 F3d 341 (5th Cir. 1996), “Officers of the Court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the Law.” (Owen v. Independence, 100 S.C.T. 1398, 445 US 622), and Inadequate training of subordinates may be the basis for title 42 subsection 1983 claim. (Mandonado-Denis v. Castillo-Rodriguez, 23 F.3d 576 (1st Cir. 1994). “Public Officers are merely the Agents of the public, whose powers and authority are defined and limited by Law. Any act without the scope of the authority so defined does not bind the principal, and all persons dealing with such Agents are charged with knowledge of the extent of their authority. (Continental Casualty Co. v. United States, 113 F.2d 284, 286 (5th Cir. 1940)).; and 


27. WHEREAS, Public Officials and even Judges/Magistrates have no immunity, as Officials and Judges/Magistrates are deemed to know the Law and sworn to uphold the Law; and cannot claim to act in good faith in willful deprivation of Law, they certainly cannot plead ignorance of the Law, even the Citizen cannot plead ignorance of the Law, the Courts have ruled there is no such thing as ignorance of the Law, it is ludicrous for learned Officials and Judges/Magistrates to plead ignorance of the Law therefore there is no immunity, judicial or otherwise, in matters of rights secured by the Constitution for the United States of America. ( See: See, Owen vs. City of Independence, 100 S Ct. 1398; Maine vs. Thiboutot, 100 S. Ct. 2502; and Hafer vs. Melo, 502 U.S. 21; Title 42 U.S.C. Sec. 1983).; and 


28. WHEREAS, if such a thing existed as A ‘License To Practice Law,’ other than in a fictional corporate jurisdiction, the same would be in fact and Law a corporate commercial ‘Title of Nobility,’ whereas Article I, Section 9 and 10 of the Constitution prohibits the States and the Federal Government from issuing titles of nobility or honor to any public Trustee, servant, or Officer, in their separate and equal station, as the same would evidence a conflicting interest and disqualification from holding an Office of Public Trust, and of a felony under various provisions of State and Federal Law.; and 


29. WHEREAS, Bar members elected by the people, but paid by a private corporation or agency foreign to lawful Government in unlawful money, in accepting such appointments, commissions, and compensation, bribes in fact and law, to enforce the licensing of rights as privileges, throwing creditors to the State in unlawful debtors prisons for victimless crimes, acting as third-party debt collector of tribute and contribution for illegal ton-tine wagering ponzi schemes and bankrupted ‘social insurance’ programs, as an insurance premium for the national debt, all under color of copyrighted private Law through legalism, are by the same disqualified from holding any Office of Public Trust for what is defined in Law as their Treason in so doing in Fact, punishable by hanging.; and 


30. WHEREAS, Courts, Judges, and Justices, bound by Law to uphold and declare the Law, are in so doing not at liberty to interpret the Law, or make political determinations, and being unlicensed themselves, are subject to prosecution for impersonating a Public Official or Officer for damages in Federal admiralty maritime jurisdiction as statute merchants. (Citations needed – Clerk Praxis File); and 


31. WHEREAS, a License is permission to do something illegal, and Obtaining a License proves willful intent to commit an illegal act…; and 


32. WHEREAS, the Lawful practice of Law is both a property right, and a Liberty Right, both a sacrament, tenant, and Rite of religious practice, secured by the Bill Of Rights and Supreme Law of the Land, including, but not limited to, the Religious Freedom Restoration Act, to each citizen.; and 


33. WHEREAS, Any prosecution pursuant to UPL Statute carries the burden of proving that the accused defendant did willfully, knowingly, and intentionally, avoid a known duty, obligation, or task under the Law, that was not known as herein previously stated, to be an Unconstitutional requirement of legalism, religion teaches is sophistry and witchcraft or deception, any Statute, regulation, or requirement, null and void and without effect in fact or Law, bearing no obligation to obey. The Law may restrain, but not compel.; and 


34. WHEREAS, Compulsion under the Natural Law does not originate with man, nor with Governments formed by men in fictional jurisdictions of corporate legalese drawn in the sand on the ground or on paper by men, in their separate and equal station, but rather with the author of the Law. “Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others.” –Thomas Jefferson 1819.; and 


35. WHEREAS, the Writer knows of no duty or obligation within the restrictions of his liberty rights or under the Natural Law, that he do no harm, to further refrain from championing the rights of others, to not prosecute evil doers, or to obtain a License, that does not exist, or permission, from any lesser private commercial authority or jurisdiction of the many on Earth, past, present, or future, to observe, exercise, or practice a lesser private Legalese, or legalism, be it international, Federal or state, or the higher Law for this matter, being the Natural Law derived as given from a higher authority than any on Earth, the author of the Law, where from all lesser jurisdictions, forms of governance and Law originate by his commandments.; and 


36. WHEREAS, all men being created equal, are born into the practice of Law in their dealings with one another, as there is no action outside the Natural Law excepting that which is criminal, and probably legalized by those practicing legalism, being witchcraft and black magic or sophistry as religion and the Law teaches. That which is lawful, and that which is unlawful, is the sum of all acts, which men possess as an individual legacy, a property right or liability to each as nature accords, the Law itself being derived from man’s nature, and the author of the Law, not originating with Governments of men, from which legalese and legalism originate. Nothing may regulate that which it did not create, that does not originate there from. ‘They who wash outside of the cup, but leave the inside filthy.’ Substance over form.; and 


37. WHEREAS, Man, in his separate and equal station, practicing Natural Law in the election to act upon the creation of Government being a fiction, can confer no power to Government to license that practice which the people possess inherently as a liberty right to effect such creation of a fiction as Government, from which no Law may come except but for the regulation of itself, and its Agents or Representatives, for the protection of those natural liberty rights inherent in man, being the only lawful purpose of government, whereas that which does not originate with government, as is true of man, and the Natural Law of liberty, Government cannot regulate, as it is rather the Natural Law in practice by men that regulates the operation of government and the creation of lesser Laws that may regulate government and not the reverse. Fictions and the rules by which they operate cannot govern their creators.; and 


38. WHEREAS, The lesser Law, legalese, legalism, and legality, Color of Law and Public Policy, is no Law at all, as created by supposed Agents of Government, can not and does not exercise jurisdiction over, nor can it change, alter, diminish, or abolish, the greater and higher Law of nature from which all Law originates that gives breath to man’s liberty, given by God to each according to nature. It is this higher Natural Law of inherent liberty, which creates and regulates government, and its creation of lesser Laws that may regulate, change, alter and diminish or abolish the acts of Government(s) and fictions alone, and never the lawful liberty rights of the man who created these. The Law cannot divide the man, or the man from himself and his rights, only the voodoo, and black magic of legalism, the fictional incorporation of man to serve as a fiction himself, can accomplish this in operation apparently, in abrogation of the Law itself.; and 


39. WHEREAS, the Natural Law, as practiced by all men, and from which all fictions, lesser forms of Law and governance are derived, is from the creator, and man’s unalienable and inherent natural liberty rights (the Will), and not from government, which can create no right or Law governing the liberty of man, existing only to protect those lawfully exercised natural liberty rights which existed separate and sovereign from it, before the creation of Government by the power of this liberty. There are NO Licensed Attorney’s! Never listen to a Judge/Magistrate (administrative Officer) when he/she tells you that “these are serious charges and you need to hire a Licensed Attorney”. 




The practice of Law CAN NOT be licensed by any state/State. (Schware v. Board of Examiners, 353 U.S. 238, 239)

The practice of Law is AN OCCUPATION OF COMMON RIGHT! (Sims v. Aherns, 271 S.W. 720 (1925))

The “CERTIFICATE” from the State Supreme Court:

Can ONLY authorize, to practice Law “IN COURTS” as a member of the STATE JUDICIAL BRANCH OF GOVERNMENT.



The “STATE BAR” CARD IS NOT A LICENSE!!! It is a “UNION DUES CARD”, an association, a good old boys and girls club.




1. Like the Actors Union, Painters Union, etc.

2. No other association, NOT EVEN DOCTORS, issue their own License. ALL ARE ISSUED BY THE STATE.


4. The State Bar is:

Operating as an Unconstitutional Monopoly…

Operating with a quasi License to steal…


5. Violates Article 2, Section 1, Separation of Powers clause of The U.S.A. Constitution.

6. There is NO POWER OR AUTHORITY for joining of Legislative, Judicial, or Executive branches within a State as the BAR is attempting. “BAR” members have invaded all branches of Government and are attempting to control dejure Governments as Agents of a Foreign Entity.

7. Anyone who believes that they are doing their Civic Duty by going about the volunteer efforts behind helping someone to take and pass a BAR Exam in order to earn a BAR Card is a very deluded individual -- and in need of a wake up call to the aiding and abetting of a criminal enterprise.

8. The majority of Legislators are BAR Card carrying Attorneys.

9. An Attorney can only represent a ‘fiction‘(one of privilege akin to a Trustee), never a man (akin to a beneficiary and one of right).


At the beginning of the day…


Each time I deliberately proceed as ‘counsel’ for any other man, (even per the purported 6th Amendment – Bill of Rights) I do so only as he being a man, thus one must challenge the moving party what the man (my alleged client) did to take on (contract/contact) a ‘statutory’ standing as a ‘fiction’ in the United States (land/property owned by or ceded to the United States excepted)? What did my client ‘do’, ‘sign’, or ‘say’, that is relied upon (evidence) by the moving party (not the Court) that the U.S. Maritime/Admiralty/Ecclesia Court NOW has jurisdiction over me/you as a ‘PERSON’?   

Nadda! Zip! Ziltch!


Be sure to check out more of my short stories which I will be posting to my blog.