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Eternal Vigilance: Sovereign Immunity - The 11th Amendment Revisited

Eternal Vigilance: Sovereign Immunity - The 11th Amendment Revisited

How many fingers am I holding up? The US Supreme Court says 4, and you aren't smart enough to know better.
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"Eternal vigilance is the price of liberty."-- Wendell Phillips, (1811-1884)

"But you must remember, my fellow-citizens, that eternal vigilance by the people is the price of liberty, and that you must pay the price if you wish to secure the blessing. It behooves you, therefore, to be watchful in your States as well as in the Federal Government."-- Andrew "Old Hickory" Jackson, 7th President of the USA, Farewell Address, March 4, 1837

Our Founding Fathers were determined to see their hard one liberties survive that nature of man.

In writing our Constitution, one of the 1st things they considered was the historic problem of violent and bloody succession of leaders.

The simple formula is this; the more concentrated the power of a people group, the bloodier the succession. In other words the fewer people who hold a nation’s power the greater the chaos as result of its transfer. It is the simplest economics, many grappling for a consolidated, rare resource and you get blood. The genius of the US founders was their deep insight into history and human nature. They understood this formula and structured the government to avoid this problem. Their solution was so simple it seems surprising. They structured the government to recognize every citizen’s sovereignty and made the leaders servants of those sovereigns. To further hinder the natural tendency for humans to consolidate power, they spread national power to sovereign states, and split the power of the central government to different branches.

In essence they made the resource of national power abundant to all by dispersing it to every citizen sovereign. This created a nation in which a person was empowered to pursue happiness as he/she saw fit and if someone tried to consolidate that power, it was so dispersed it would be difficult to accomplish. [Article Continues below almost universal translator]

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Further, Founding Fathers did not believe mankind to be virtuous by nature. And so they built various checks and balances into the divided powers of Government.

“The fundamental understanding our US Founding Fathers had in drafting our constitution, is People under Natural Law have free will, and are not virtuous by nature. Therefore, governments must be constructed in anticipation of the nature of man.Acting on this knowledge, our Founding Fathers built into our Government and Constitution, various checks and balances.

Amongst these checks and balances were transparency and accountability. All of our problems today emanate from the slow, persistent rolling back of the checks and balances, transparency and accountability our Founding Fathers built into our Government and Constitution.”

Not only did they create checks and balances between the 3 Federal Branches of Federal Government and Between Sovereign States, they provided for the final Check and Balance between the Government and WE THE PEOPLE, the Individual Voting Sovereigns by insuring the Government would be transparent and accountable.

Among the series of checks and balances the Founding Father's provided us were:

  1. Our 1st Amendment Right to Petition our Government for redress of grievances;
  2. The Courts and the 11th Amendment;
  3. The Grand Juries;
  4. Government Attorneys and Agencies;
  5. Elections.



To begin with, WE THE PEOPLE are supposed be able to Petition our Government for redress of Grievances. (1st Amendment ) For more than 6 years now, 100s of Minnesota Citizens have been denied the opportunity to provide proof of corruption in the Minnesota Judiciary before the Minnesota House and Senate Judiciary Committees...

Open Letter to the Chairs of the Minnesota House and Senate Judiciary Committees

The Minnesota Legislature has unconstitutionally transferred its duty to oversee and discipline Judges to the Minnesota Supreme Court through the Board of Judicial Standards and the Minnesota Lawyers Board of Professional Responsibility. David Paul and Pat Burns of these 2 institutions respectively, act more like cover up and PR firms than they do oversight and discipline organizations. Only when pushed will they defend themselves by saying the Legislature made the rules and the Legislature did not give them the power to enforce discipline. The Minnesota Legislature feels that it is more important to protect rogue judges from the Citizens than it is to protect the Citizens of Minnesota from rogue judges.


And this brings us back to the 11th Amendment. We have visited this subject before as part of the following articles:

Legal Evil? In their own words - Part 1 of 3

LEGAL EVIL? In their own words - Revised and Updated to include Proposed Legislation Language sent to my MN US Representative, Michele Bachmann

And this author has done much more research for a legal since the 1st article.

I would like to share my experiences and research since then.

What immediately follows is a snippet from my legal brief...

Plaintiff begins by revisiting the 11th Amendment.

The 11th Amendment plainly and clearly only applies to persons who are not the resident of a state.

“The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

Clearly the 11th Amendment does not preclude citizens of a State from suing a State they are a Resident of. Plaintiff Mashak has been a resident of Minnesota since 1977.

The Constitution was ratified in 1788, the Bill of Rights in 1991 and the 11th Amendment in 1795.

Clearly with only 7 years between the Constitutions, the Bill of Rights and 11th Amendment, persons intimately involved in drafting and passing the constitution were involved in drafting and passing the 11th Amendment. Clearly, by the actual persons who drafted and passed the Constitution and Bill of Rights being around for the drafting and passage of the 11th Amendment, we can be certain they knew what they intended.

If the Constitution and/or Bill of Rights, or the people involved in the drafting and passage of these documents had stated or intended that no one could sue any State in Federal Law, there would have been no need of an 11th Amendment.

And if the drafters of the 11th Amendment had intended that no one, including the residents of a State, could sue a state the 11th Amendment would have omitted the words, “by Citizens of another State, or by Citizens or Subjects of any Foreign State.”

"How strangely will the Tools of a Tyrant pervert the plain Meaning of Words!"
Sam Adams in Letter to John Pitts, January 21, 1776, Early Advocate for Revolution, Signer of the Declaration of Independence

Yet somehow, in 1890, almost 100 years later, the US Supreme Court presumed to declare what the 11th Amendment and Founding Fathers actually meant was that no one could sue a State in Federal Court.

Originally the 11th Amendment only forbade actions by non-citizens against a defendant state. But Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890) extended the doctrine of such sovereign immunity, holding that the 11th Amendment barred suit even by citizens of that defendant state.

And again in 1999 the Supreme Court ruled that Sovereign Immunity Sprang from the original Constitution. Alden v. Maine, 527 U.S. 706 (Again, Why was there a need for a need for an 11th Amendment if the Constitution already provided for Sovereign Immunity of the States from every body?

Clearly these acts by the Supreme Court were simply machinations to grab power and increase the grasp of tyranny by making it opaque and unaccountable to WE THE PEOPLE.

"Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government."
James Madison, 4th President of the USA, Author of the USA Bill of Rights

The Plaintiff calls upon this Court to act upon the 11th Amendment in the plain language it was written. States are using the 11th Amendment to engage in Criminal Conspiracies which, in their final iterations, must result in the fall of America or revolution.

This Plaintiff understands that this Court will be strongly scrutinized by its peers and superiors for such a ruling. Plaintiff invokes the precedent of the Nuremburg Trials that, “following orders does not relieve a person of the consequences engaging in crimes against humanity”

  • The Rome Statute Explanatory Memorandum states that crimes against humanity are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. However, murder, extermination, torture, rape, political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice. Isolated inhumane acts of this nature may constitute grave infringements of human rights, or depending on the circumstances, war crimes, but may fall short of meriting the stigma attaching to the category of crimes under discussion. On the other hand, an individual may be guilty of crimes against humanity even if he perpetrates one or two of the offences mentioned above, or engages in one such offense against only a few civilians, provided those offenses are part of a consistent pattern of misbehavior by a number of persons linked to that offender.
  • For Now We will proffer the example of the FBI's COINTELPRO and Rev. Dr. Martin Luther King, Jr. as being credible enough and odious enough to establish that it is the policy of the US Government to Persecute voices of political dissent with discrediting, demonizing and punitive allegations not based in fact. Other examples offered later in this article will further substantiate odius and widespread actions of the US Government in dealing with all political dissent whether it be peaceful expressions through the first amendment or non-peaceful resistance.

These Crimes against Humanity committed by the USA Government and Judiciary against its own Citizens also violate the International Covenant on Civil and Political Rights

· 3 Core provisions

Next, there is the procedural flaw in not following the protocol prescribed in the Constitution for Amending the Constitution. The plain meaning of the words of the 11th Amendment allow a citizen to sue a state that they are a resident of. If the Supreme Court believes the 11th Amendment meant that no one could sue a state in federal court, they were obligated to change the Constitution through the amendment process prescribed in the Constitution. If this were not the case, then repealing the 18th Amendment on Prohibition with the 21st amendment was a waster of time and effort. According to the Supreme Court, it could have been done with a simple statement by the Supreme Court that “America changed its mind” or “the 18th Amendment is unenforceable”. No, the Rulings of the US Supreme Court are null and void because they did not follow the Protocol for Amending the Constitution. And all Federal, State and Local laws, statutes and rules that flow from it are equally null and void.

Lastly consider this paragraph from the Declaration of Independence from 1776.

“In every stage of these Oppressions we have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.”

The revolutionary war ran from 1775 to 1783.

Does it make any sense at all that 19 years after the Founding Fathers drafted the Declaration of Independence and 12 years after they won their independence, the Founding Father’s would take from WE THE PEOPLE the power to hold the state that they are residents of accountable in a Court of Law?

Yet the US Supreme Court has betrayed WE THE PEOPLE by taking away one of our primary remedies for holding State Government Accountable and Transparent…..


In Minnesota this was followed by taking away WE THE PEOPLE's next layer of remedy in enforcing Transparency and Accountability is the Grand Jury. According to the original Minnesota Constitution, Minnesota Citizens are supposed to have direct access to grand Juries. Instead they have been assigned Government Attorneys and Judges to act as gatekeepers to prevent access by citizens. Minnesota Grand Juries Stolen

Now to test this allegation, call your County, State Attorney General or US Attorney or any Judge and ask them for the contact information for their Respective Grand Jury. They will either refuse or tell you to send your complaint to them and they will decide whether it should go to the Grand Jury. And your complaint will end up in a circular file (trash can) somewhere.


Government Attorneys, free from being held accountable by immunity and the control they were given over the Grand juries now began to act as Co-conspirators rather than as "Check and Balances" on other units of Government. Where as in the past, they used their "Prosecutorial Discretion" to winnow out bad cases or cases not worth the assets required to prosecute them, now the Government Attorneys could use their prosecutorial discretion to make good on bribes, as a matter of political accommodation or as just quid pro quo intergovernmental "You don't expose my corruption and I won't expose your corruption". Not what the Founding Fathers intended.


With the Grand Juries safeguarded by Government Attorneys, and Government Attorneys freed from accountability, Our Judges have been relieved from the constraints of transparency and accountably. Judges and Lawyers now freely engage in Simulated Litigation and Fact Shaping. In other words, the lawyers of all the litigants only put on the official record the evidence that will allow the judges to make the decision they have indicated they want. In Minnesota, who will stop them.... They are immune from civil suits, the grand jury has been blocked and Government Attorneys and Judges engage in a quid pro quo arrangement that resembles nothing close to the RULE OF LAW.


Here in Minnesota, freed from the bonds of Transparency and Accountability, the Politicians, judges and Government Attorneys next set out to rig the election process.

Minnesota Supreme Courts Rules on Election without Resolving Actual Ballots Count and Signatures to get Ballots Count discrepancy, where the discrepancy exceeds the margin of difference for Candidates eg. Dayton – Emmer 2010 and Franken – Coleman 2008 - -

And if we still don't have your attention, view this - "Proof of Voter Fraud - Straight from the Horses Mouth"


“Since the general civilization of mankind, I believe there are more instances of the abridgment of the freedom of the people, by gradual and silent encroachments of those in power, than by violent and sudden usurpations; but, on a candid examination of history, we shall find that turbulence, violence, and abuse of power, by the majority trampling on the rights of the minority, have produced factions and commotions, which, in republics, have more frequently than any other cause, produced despotism.” James Madison, 4th President of the USA, Author of the USA Bill of Rights (See also The Federalist Papers 51 )

There is little more to say. The Liberties of WE THE PEOPLE have been trampled. The Constitution has been perverted by the interpretation of Judges with no accountability. The Bill of Rights has been emasculated by a new definition of the "Declaration of War"

Yet, there are various groups out there trying to Convince Americans on the left and on the right that making signs and gathering to yell at each at rallies will correct what is wrong with America. How does WE THE PEOPLE dividing into factions and blaming each other for the state of our country, fix anything? How do factions of WE THE PEOPLE wasting our time, energy and effort protesting the other side hold our politicians Accountable?

It does not.

Meanwhile, some of your fellow citizens are in their foxholes on the front lines for freedom, rebelling against this tyranny.

Tomorrow, September 12, 2011 this author will be in Federal Court. This author will be arguing for a return to transparency and accountability for WE THE PEOPLE. This author will have the fortitude to tell a Federal Judge that the US Supreme Court got its interpretation of the 11th Amendment wrong. This author will argue that ruling of the Supreme Court in fraudulently misstating the plain meaning of the plain words in the 11th Amendment is null and void because they did not follow the procedure prescribed in the US Constitution for Amending the Constitution.

The Act of resistance shall occur shortly after 1:30pm, tomorrow September 12, 2011 at the Federal Courthouse at 316 North Robert St Courtroom 6B Saint Paul Minnesota 55101.

I would appreciate it if as many of you as possible could attend, standing in the trenches of the Court Gallery. Meanwhile, I will be leaving the safety of my foxhole of anonymity to SPEAK TRUTH TO POWER. They have already sent 3 cars with US Marshalls to see me. I allege that this was meant to brow beat me into not forcing this issue. Your support demonstrated by your physical presence will be appreciated.

“In the beginning of a change the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot.” Mark Twain - Notebook, 1904

Where are the politicians standing strong for WE THE PEOPLE?

Where is the major media?

Why does 1 or a few citizens have to stand to Speak Truth to Power?

I hope to see you in the Courtroom.

In Closing,

Thank you, my fellow citizens, for taking your valuable time to read and reflect upon what is written here.

Please join with me in mutually pledging to each other and our fellow citizens our lives, our fortunes and our sacred honor to our mutual endeavors of restoring liberty and economic opportunity to WE THE PEOPLE as our Founding Fathers envisioned and intended. [Last sentence, US Declaration of Independence ( )]

This article is written with the same intentions as Thomas Paine I seek no leadership role. I seek only to help the American People find their own way using their own “Common Sense”

Finally, Well Regulated American Militia's posted notice of a FTX Meeting September 16, 2011 to
September 18, 2011. Click here for details.

The Minnesota Militia is planning a meet and greet for Sunday October 2, 2011. More details as they become available.


Keep Fighting the Good Fight!

Those were my thoughts.

In Liberty,
Don Mashak
The Cynical Patriot


Lawless America

Get A Grip America

Justice in Minnesota

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Bring Home the Politicians

Get out of our House

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Critical Thinking Notice - This author advises you as no politician would dare. Exercise Critical Thinking ( ) in determining the truthfulness of anything you read or hear. Do not passively accept nor believe anything anyone tells you, including this author... unless and until you verify it yourself with sources you trust and could actively defend your perspective to anyone who might debate you to the contrary of your perspective.

Minnesota Injustice: True Court Horror Cases - With Names

Overcoming the Devastation of Legal Abuse Syndrome


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