_____________ bill NO. _____________

INTRODUCED BY _________________________________________________

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACt PROVIDING A COMMON LAW CRIMINAL OFFENSE FOR CONDUCT NOT OTHERWISE ADDRESSED IN THE CRIMINAL CODE that may constitute contempt of constitution; PROVIDING AN OFFENSE FOR INTERFERENCE WITH ABILITY TO PUrSUE OCCUPATION; and providing penalties."

WHEREAS, with this document the people of the state of Montana present the ability to provide an official declaration of contempt of constitution; and

WHEREAS, the inherent authority and power to charge a person with contempt has long been recognized within the courts and the legal structure of the governments of the United States of America. Such authority and power belongs to common law courts as a result of the nature of what contempt of court is, namely an inherent authority and power being undeniable to the courts because of the nature of what that authority and power is. It is further recognized by the people of the state of Montana, as claimed by the courts themselves, that contempt of court is the highest authority and power attributed to the courts.

WHEREAS, it is recognized that such authority and power arose first from an acknowledgement and allowance of the King of England in the early 18th century, or early 1700s, as revealed by the U.S. Supreme Court case of Green v. U.S., N.Y., 356 U.S. 165 (1958). The power of contempt in the United States also belongs to the people, and in the state of Montana to the people of Montana.

WHEREAS, in order to accomplish the purposes for which they were created, courts must also possess certain powers and these powers are called inherent powers. Among these powers is the power to punish for contempt.

WHEREAS, in order that the people of the state of Montana keep their constitution secure, safe and sound in its integrity, clean, pure, and inviolable. In order to accomplish the purpose for which they created a constitution the people must also possess authorities and powers. Among these authorities and powers is the authority and power to punish for contempt of constitution.

WHEREAS, furthermore, not only does the inherent authority and power of contempt of constitution belong to the people of Montana alone, and no body of government may limit it without committing contempt of constitution, but the principle of contempt of constitution was embodied by the constitution of the United States of America in Article I, section 6, clause 1. Treason and felony are referred to in Article I, section 6, clause 1, but misdemeanor is not. Thus, mere misdemeanors, even if seemingly causing a breach of peace by today's standards, would not be sufficient to prevent a congressman or senator from attending a congressional session. The only kind of breach that could be serious enough to be thought by the founding fathers as being worthy to stop an attendance of a congressional session was that kind of an offense serious enough to be regarded as equal or greater than the commitment of either treason or a felony.

WHEREAS, whenever any individual person of the state of Montana has their rights guaranteed by the Constitution of the State of Montana usurped by the government of the state of Montana, including but not limited to the rights enshrined in Article II of the Montana Constitution and all other rights contained elsewhere in the Montana Constitution, they the people of Montana are not at peace either individually or as a people and peace clearly has been breached thus providing the minimal embodiment of Article I, section 6, clause 1, of the Constitution of the United States.

WHEREAS, therefore by these mutual understandings by the people of the state of Montana, the people declare as an inherent power to them throughout the state of Montana; and

WHEREAS, because contempt by its own nature is a quasi-crime that has many different appearances and aspects, and is not merely a civil offense it is necessary to provide the different classes of contempt of constitution; and

WHEREAS, contempt of constitution is a crime against the sovereignty of the state of Montana, committed against an individual person or the people of Montana. For the purposes of defining contempt of constitution as applicable to the Constitution for the United States of America, the classification of and degrees of types of contempt of constitution and like crimes shall be, and hereby are:

(1)        General contempt means situations in which the contempt of constitution may have been done ignorantly or unknowingly and may also be known as attempted contempt.

(2)        Malicious contempt means when the general contempt has been repeated so that ignorance of the constitution is no excuse, contempt deliberately committed with foreknowledge, or when the result of the contempt is severe against one or more person of the state of Montana.

(3)        Tyrannical malicious contempt means contempt so serious that it is apparent that the contempt is an effort, no matter how small, to gain a destructive power over any person in the state of Montana, or the people of the state of Montana.

(4)        Noble contempt means when a person or business is treated differently under operation of law that is recognized for other common or ordinary people of the state of Montana, as well as for businesses in the state of Montana. Noble contempt also exists when private people of the state of Montana or businesses in the state of Montana are elevated in status above other common people or businesses by either the rights they are provided, or above other the rights held by other people of equal merit. Noble contempt also includes noble contempt by denobilization, which is the act of subjecting a specific individual or group of individuals in the state of Montana to degradation or reduction in status of importance under the law, whether by statute, code, regulation, or common law, and not reducing all people equally.

(5)        Noble malicious contempt means the commission of noble contempt when the party or parties involved in the contemptuous activity refuse to stop the contempt and the contempt can be shown to cause a hardship or deprivation of common rights upon an individual person or the people of Montana.

(6)        Noble tyrannical malicious contempt means the commission of noble contempt on a harsh and repetitive basis when the party or parties involved in the contemptuous activity effectuate such contempt to the degree that it represents a blatant disregard for basic human rights, rights embraced by the Montana constitution, when gross insensitivity toward the suffering of an individual person or the people of Montana, and it is reasonably believed that the party or parties knew of the unconstitutionality of their acts but proceeded with obvious contempt to continue them at any cost, or when there is a corrupt use of power in conjunction with the contempt. Noble tyrannical malicious contempt also means situations in which the contempt constitutes wanton disregard for the rights, safety, and secureness of the common person of Montana or the people of Montana as a whole. This includes the total humanity of the state of Montana.

Other forms of contempt of constitution may exist as the people of the state of Montana alone discern or proclaim them to be in the future.

WHEREAS, contempt of constitution has been formally and officially explained by this document to the same extent as contempt of court was first declared many years ago, and has the same lawful intent and purpose as does contempt of court, the keeping and securing of the constitution in a safe and sound condition, maintaining its integrity in its rights established solely for the benefit of the people of the state of Montana; and

WHEREAS, legislators of the state of Montana have signed as co-sponsors of this legislation indicating the importance of contempt of constitution to guaranteeing the rights contained in the Montana constitution and held by the people of Montana.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Common law offenses -- applicability -- penalty. (1) When the conduct constituting a criminal offense is defined by statute, there are no common law criminal offenses.

(2)        When the conduct constituting a criminal offense is not defined by statute, and when there is no conflict with any existing criminal statute, the common law may be used to prosecute the offense.

(3)        A person convicted of a common law criminal offense shall be fined not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.

NEW SECTION. Section 2. Interference with ability to pursue occupation, vocation, or avocation -- penalty. (1) A person commits the offense of interference with ability to pursue occupation, vocation, or avocation if the person knowingly or purposely prevents, obstructs, or frustrates the rights of another person who is lawfully pursuing their occupation, vocation, or avocation.

(2)        A person convicted of the offense of interference with ability to pursue occupation, vocation, or avocation shall be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 5 days, or both.

NEW SECTION. Section 3. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 45, chapter 1, part 1, and the provisions of Title 45, chapter 1, part 1, apply to [section 1].

(2)        [Section 2] is intended to be codified as an integral part of Title 45, chapter 5, part 2, and the provisions of Title 45, chapter 5, part 2, apply to [section 2].