Carl Miller - Writ of Mandamus and Quo Warranto

Summary

The transcript discusses a strategy to hold cities and townships accountable under the Constitution and state laws, using the example of Dr. Kevorkian's case. It emphasizes the power of citizens to challenge municipal overreach through legal actions like a writ of mandamus in quo warranto, potentially leading to the dissolution of a city's charter if it violates constitutional rights. The speaker passionately urges individuals to learn and quote the Constitution to effect positive change and protect against abuses of power.

Takeaways

• 📜 The speaker describes actions taken to support Dr. Kevorkian, particularly ensuring his lawyer received critical information.
• ⚖️ Emphasis is placed on the legal power of municipalities in Michigan, particularly under Public Acts 230 and 287.
• 📋 Each city or township must adhere to the Constitution of the United States and the general laws of Michigan, failing which they lose their rights and powers.
• 🔍 A writ of mandamus and quo warranto can be pursued if a municipality violates constitutional rights, demanding proof of authority.
• 🏛️ The case history shows that Dr. Kevorkian was released after legal pressure, suggesting municipalities comply under legal threat.
• 💼 The judgment can declare a city or township dissolved if it violates its charter, with severe financial penalties as a deterrent.
• 🛡️ The Constitution of Michigan emphasizes equal benefit, security, and protection for all people, including protection from discrimination.
• 🚔 The police power must operate within constitutional limits, ensuring the protection of life, liberty, and property.
• 📖 Citizens are encouraged to learn and quote the Constitution to protect their rights and effect positive change.
• 🚫 An anecdote illustrates the power of constitutional knowledge, where a police officer avoided giving a ticket to someone well-versed in their rights.

Q & A

What is the main argument presented in the script regarding city and township rights and powers?

The main argument is that cities and townships, as per Public Act 230 and other public acts in Michigan, only have rights and powers as long as they adhere to the Constitution of the United States and the general laws of the state of Michigan. Any violation of these principles could lead to the forfeiture of their charter.

What is the significance of the 'writ of quo warranto' mentioned in the script?

The 'writ of quo warranto' is an ancient legal action used to challenge the legal authority of an entity, such as a city or corporation. It is used to determine whether an entity is acting within its legal rights and powers, and can lead to the dissolution of the entity if it is found to be in violation.

How does the script suggest individuals should respond when they believe their constitutional rights have been violated by a city or township?

The script suggests that individuals should ask direct questions about whether their constitutional rights are being violated and, if so, seek a writ of mandamus in quo warranto to challenge the city or township's authority to act in such a manner.

What was the outcome for Dr. Kevorkian as described in the script?

Dr. Kevorkian was initially in jail and facing pressure, but after the use of a writ of quo warranto and the demonstration that his constitutional rights were violated, he was released and the city's actions were deemed unlawful.

What is the purpose of the 'summons form 41' mentioned in the script?

The 'summons form 41' is a legal document used to summon a party to appear in court to defend its actions or claims. In the context of the script, it is used to challenge the city's authority and rights.

What does the script imply about the role of the Constitution in limiting the actions of cities and townships?

The script implies that the Constitution serves as the ultimate authority that limits the actions of cities and townships, ensuring that they cannot violate individual rights and must operate within the framework of state and federal laws.

What is the script's stance on the concept of 'police power' as it relates to cities and townships?

The script suggests that the police power of a city or township, which is the authority to promote order, safety, health, and morals, must be exercised within constitutional limits and cannot be used to infringe upon individual rights.

How does the script encourage individuals to understand and assert their rights?

The script encourages individuals to study and quote the Constitution, to understand their rights, and to challenge any actions by cities or townships that may infringe upon those rights.

What is the potential consequence for a city or township if they are found to have violated constitutional rights according to the script?

If a city or township is found to have violated constitutional rights, they could potentially lose their charter, have their corporate rights and privileges declared forfeited, and be subject to dissolution.

What is the script's view on the importance of individuals knowing and understanding their constitutional rights?

The script emphasizes the importance of individuals knowing and understanding their constitutional rights, as this knowledge can be a powerful tool in challenging unlawful actions by cities and townships and in protecting their own rights.