Warren Havens v. Arnold Leong, et al.
Arbitration DueProcess Takings Securities Privacy
Does the Constitution provide for government-provided entitlement to rights or citizens' reservation of rights under the Fifth, Fourteenth, and First Amendments?
QUESTIONS PRESENTED Preface. This case demonstrates critical legal and cultural disputes in the nation, The apparent "administrative state" is debilitating but the hidden "judicial state" is deadly. Both are in this case. On these, and on specifics of this case, the States’ highest courts and the federal circuits are split they don't get to the bottom or state coherent principles. This court has acknowledged the problems but not yet answered them. (This Preface continues after the questions.) The questions presented are: 1. Does the Constitution provide for government provided entitlement to rights or citizens' reservation of rights under the Fifth, Fourteenth, and First Amendments, and the clauses referenced herein (see "Preface continued" below). 2. Can a state court in a civil case bar appeals by a defendant, under a statutory right to appeal, of trial-court decisions on the grounds of “civil disentitlement" not defined in a statute, where the appeal court believes the defendant disobeyed trial court decisions by seeking, in federal forums, protections under the federal Constitution and statues not determined as frivolous in those forums, including bankruptcy courts, US District Courts in appeals of final bankruptcy decisions, and before the FCC and IRS? 3. Does civil disentitlement described in question 2 by State court cancelling an appeal have preclusive effect upon the defendant's pursuit in a federal forum of federal Constitution and statuary protections deemed to be disobedience of the state court decisions? The following question is subsumed in the numbered questions above | and is thus not numbered: Should the principles in Hovey v. Elliott, 167 : a U.S. 409 (1897) (defendant's due process rights violated by the court assertion of disobedience converting the court into an instrument of wrong and oppression) be restated to answer the preceding questions? Preface, continued. Underlying the questions, this case turns on the California "activist" "judicial state" (see next footnote) based on “i-Law" (see Id) that cannibalized the nation's foundations in the Magna Carta and its corollary Forrest Carta, or "c-Law," (see Jd) in ex parte deals with the FCC for the "administrative state." These Charters were the foundations of the Nation establishing due process of law for the common good and the environment ("forest") sustaining life, standing against king-law on one extreme, and on the other end me-law or "i-Law" that mimics Apple's "i-" this and-that.# Under "i-Law, activist judges by "inherent" powers of "civil disentitlement," civil contempt, and receiverships do as they please with vested property and liberty. No reasons need be stated, no accounting given, no due process of law under the Fifth and Fourteenth Amendments, no "law" to start or end with, evidence destroyed, no Fifth Amendment takings compensation (I am pro se here as a result), no corporate charters and law allowed, no First Amendment rights under Noerr Pennington (381. U.S. 657 (1965)) permitted, no IRS law followed, Federal Arbitration Act proceedings barred in the midst, no right to make a living, no actions allowed in other States of assets and business solely therein, suspension of Constitutional protections under the bankruptcy, contract, commerce, compact, habeas corpus and other clauses, and the court clerks enmeshed * The "judicial state," "i-LAW," and "c-Law" are coined for meanings given here that are not in common use. Cc then silenced to reject filings and tamper with case records. If you challenge this judicial state and its "i-Law" you must be cancelled "disentitled.” » The assumption of "disentitlement" and the administrative and judicial states is that the government "entitles" citizens bestowing rights under the Constitution and its derived laws, and these may be withdrawn or disentitled -not that the people created the government and what it is entitled to do. That flips on its head the founding premise grounded in the Magna and Forre