Alabama 1901 Constitution Race conviction and Sentencing Scheme

Published on 14 January 2024 at 17:31

(Disclaimer appcfh may not agree with the indentification marks found in the cases discussed below that relates to the 3/5 clause of all other persons Art.I Sec.2 Clause 3 (U S.Const) known as the "southern States compromise".) Where all men must answer to there free National Name to be linked to the Nations and Families of the earth.)

We report what was said in writing in this article:

Permanent incarceration, by its nature, rejects any rehabilitative goal and instead wholly embraces the goal of incapacitating an individual in perpetuity.  Defending a life-without-parole sentence based on the rationale of incapacitation necessarily assumes that a person is irredeemable and must therefore “be isolated from society in order to protect the public safety.”  See Ewing v. California, 538 U.S. 11, 24 (2003). Research has repeatedly demonstrated that extreme sentences do not make society safer,and, in fact, people who have been released from prison with violent convictions have particularly low recidivism rates. At some point Race Sentencing will result into poisoned public confidence in the judicial process to the point of revolt and full rebellion. In Buck v. Davis , 580 U.S. 100:: Feb. 22,2017, a Defendant classified as " black" was given a sentence to death based on the belief by jurors that the Defendant would repeat crime because he is identified as "black". This was held by the Davis Court as unconstitutional  violating the equal Justice clause of the United States Constitution 5th and 14th Amendment clauses and fundamental mental fairness concept of due process.

   Why then we ask hasn't the United States Supreme Court determined that the Race convictions and Sentencing imposed in Alabama State Courts unconstitutional. Without question the good ole boys and gals increased the penalty for crimes they deemed would be committed more by non-Caucasion people. This fact was discussed in, Hunter v. Underwood, 85 LEd.2d 222,229 (1985). The good ole boys and gals was very explicit why they felt increasing the penalty to crimes that they deemed would be committed more by non-Caucasion people was based on white supremacy. In which the 1901 Constitution of Alabama was enacted to establish. J.B.Knox the Constitutional convention president and an Alabama attorney said this to his delegates and constitutes :

"And what is it that we want to do? Why it is, within the limits imposed by the Federal Constitution, to establish white supremacy in this State."

1 Official Proceedings of the Constitutional Convention of the State of Alabama, May 21st, 1901 to September 3rd, 1901, p. 8 (1940).  Indeed, no one can seriously dispute the claim that this zeal for white supremacy ran rampant at the convention.

 

 During oral argument of  Hunter v. Underwood, case the  State of Alabama essentially conceded race was a factor in enactment if 1901 Constitution, stating:

 

"I would be very blind and naive [to] try to come up and stand before this Court and say that race was not a factor in the enactment of Section 182; that race did not play a part in the decisions of those people who were at the constitutional convention of 1901, and I won't do that."

On cross examination ( it was revealed):

The Southern Democrats, in their view, sought in this way to stem the resurgence of Populism which threatened their power:

 

"Q. The aim of the 1901 Constitution Convention was to prevent the resurgence of Populism by disenfranchising practically all of the blacks and a large number of  poor whites that not correct?"

 

"A. Yes, sir."

 

"Q. The idea was to prevent blacks from becoming a swing vote and thereby powerful and useful to some group of whites such as Republicans?"

 

"A. Yes, sir, that's correct."

 

"Q. The phrase that is quite often used in the Convention is to, on the one hand, limit the franchise to [the] intelligent and virtuous, and on the other hand, to disenfranchise those [referred] to as 'corrupt and ignorant,' or sometimes referred to as the ignorant and vicious?"

 

"A. That's right."

 

"Q. Was that not interpreted by the people at that Constitutional Convention to mean that they wanted to disenfranchise practically all of the blacks and disenfranchise those people who were lower class whites?"

 

"A. That's correct."

 

"* * * *"

 

"Q. Near the end of the Convention, John Knox did make a speech to the Convention in which he summarizet work of the Convention, and in that speech is it not correct that he said that the provisions of the Suffrage Article would have a disproportionate impact on blacks, but he disputed that that would be [a] violation of the Fifteenth Amendment?"

 

"A. Yes, sir, that is true. Repeatedly through the debates, the delegates say that they are interested in disfranchising blacks and not interested in disfranchising whites. And in fact, they go out of their way to make that point. . . . But the point that I am trying to make is that this is really speaking to the galleries, that it is attempting to say to the white electorate that must ratify this constitution what it is necessary for that white electorate to be convinced of in order to get them to vote for it, and not merely echoing what a great many delegates say. . . . [I]n general, the delegates aggressively say that they are not interested in disfranchising any whites. I think falsely, but that's what they say."

 

"Q. So they were simply trying to overplay the extent to which they wanted to disenfranchise blacks, but that they did desire to disenfranchise practically all of the blacks?"

 

"A. Oh, absolutely, certainly."

 

Without question, the Alabama Constitution 1901 is preempted / voided by the Free National Constitution of the Republic of United States of America. Where all laws repugnant to the United States Constitution are null and void, by virtue of Marbury v. Madison, 5 U.S. 137 (1803). The Marbury court decided, pertinent in part:

"All laws which are repugnant to the Constitution are null and void." Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803).

What part of the Free National Constitution of the United States of America does the Alabama 1901 white supremacy Constitution collide with and violate.

Art. IV section 2  U.S. Const., which reads :

"The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."

Alabama is the only State left that has a constitution that denies unto American born Nationals the immunities and privileges of not been discriminated against based on racial ethnicity! 

Art. VI U.S. Const. Which reads pertinent in part:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

All judges in the United States corporate construct are bound by the the United States Constitution for the Republic of America. The good ole boys and gals rebelled against Art. VI   in the enactment of the 1901 white supremacy Constitution. To deprive non- Caucasians of their rights secured by the National Constitution of North America., etc. Alabama judicial branch carry out race convictions and race sentencing as delegated to it by the 1901 hatemonger Constituion.

 

1st Amendment:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The good ole boys and gals of Alabama believes that every non- Caucasian that does not embrace Christianity are the worst of all people. That any of the non-Caucasion native Alabamains that speak of their culture identity and religion of their forefathers are blasphemous. Thus, 1901 Constitution establishes a white supremacy type Christianity.  The only religion to be respected and promulgated, in Alabama by law is that type of Christianity that say it's okay to kill, capture and oppress people because their creator choosed to create them as the creator seen fit. .....

The Fifth Amendment:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

None of the criminal statutes enacted by the delegation of authority to the Alabama legislature by the 1901 Alabama Constituion are lawful and are nullities with no effect of law. They are void because the 1901 Constitution was preempted by the U. S. Constituion because as above stated it was enacted based on racial animus. Thus, every single prisoner regardless of the alleged crimes they we're accused of commiting are held hostage! They are truly the West's political prisoners! Where there is no legal binding law !There is no law prohibiting conduct that is punishable by violations of Alabama statutes coined criminal. Alabama has been allowed to practice eugenics under the guise of it's ghost skeleton void laws. That are nothing more than legal contemplations. ....

Sixth Amendment:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

Seriously, no non-Caucasion that goes to trial in Alabama can have a fair trial ! There is no binding law in effect to enforce from the 1901 Constituion in Alabama. All attorneys swear to uphold this racist Constituion ( yes , even non-Caucasion attorneys in Alabama do swear to uphold a constitutional regime that classify them as inferior salvages... Think during slavery you had many slaves that was brainwashed to believe they were inferior) So this is why no Alabama attorney dares to form a movement to overthrow such racist Constituional regime. Like on the slave plantation some slaves was put in position over other slaves and long as they obeyed their slave master they lived better than the rest of the slaves. Get it?

Eight Amendment:

 " Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Wow this one is should resonate with everyone on the planet Earth. Can you imagine being locked away in containment units that even the Federal government is suing Alabama for cruel and unusual conditions! Where Murder and violence run rampant and corrupt staff alter official records.  Learn you are Incarcerated on void ghost skeletal legal contemplations termed law! How cruel and inhumane is this ? Remember in Alabama you have dead inmates missing a brain and or heart cut out! Yes, trafficking body parts cases could be easily made here. Why does the Federal government stay complicit to the kidnapping and holding hostages American born Nationals? Can it be we the people let them? 

13th Amendment:

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

No one can be duly convicted for crimes that doesn't exist ! Thus cannot be subject to involuntary servitude or involuntary confinement.

14th Amendment:

 

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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."

This should be self explanatory. Just ask yourself what was the purpose for enacting the 1901 Constitution? Huuumm, now lest see do the above italicized allow this 1901 Constitution hatemonger Constituion to exist? In Marbury, the United States Supreme Court said it expicitly all laws repugnant( contradictory) to the United States of the America Republic Free National Constitution are  null and VOID!

       It is beyond sadness that the natives of Alabama Republic don't comprehend how through this ghost Constitution they are oppressed and deemed inferiors. That no matter how much they march , preach , dance or entertain. By Alabama legal contemplations under 1901 Constitutional regime they are enemies of the State by birth. Thus, they can only find a semblance of success in Alabama if that concede they are inferiors and dance to the tunes of their morden day slave masters. However, you around the world can rise up globally and gavinize the people we the people in global protest of natives of the Alabama Republic being held hostage in horror containment units. To gratify the white supremacists policies and mission to destroy them as human beings. To hold them captives to a slave state of existence. Join us it much work to do!

By Legal Assassin A.B.A.Imhotep El



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