Do those who have NOT waived CONSTITUTIONAL or Common law remedies have to exhaust administrative remedies prior to judicial review?
SOURCE: How You Surrender Constitutional or Natural Rights, Form #10.015, Section 11
https://sedm.org/Forms/10-Emancipation/HowLoseConstOrNatRights.pdf
QUESTION:
If a state citizen wants to file a complaint against a state agency, and the state has written rules governing the complaint process, is there case law that says that if the citizen does not first avail themselves of the state provided complaint process, they are not allowed to file suit in federal or state court?
Many years ago, I was a sole practitioner as management consultant and had a few clients for whom I wrote employee handbooks. And I learned that if a firm has a written grievance procedure, in some states the worker must use the firm’s internal grievance procedure first, prior to being allowed to sue the employer in court.
I was reading this morning a section of the opaque Pa. Code which says,
“Failure to pursue the administrative remedies provided by this chapter, which have been willingly made available by an agency, forecloses judicial review.”
If a citizen’s position is that a state law is unconstitutional – do you think judicial review is available even if the internal state-approved complaint process is not followed?
ANSWER:
1. The Achilles’ heel of the administrative state is property. See:
1.1 The Achilles’ Heel of the Administrative State, SEDM Blog
1.2 Administrative State: Tactics and Defenses Course, Form #12.041
https://sedm.org/LibertyU/AdminState.pdf
2. In order for any government to regulate your conduct or impose civil statutory obligations upon you, they MUST be in a CONTRACTUAL position of providing you property, whether it be:
2.1 Services or benefits that you CONSENTED to receive, which are property.
2.2 Physical property or rights you are in possession but not full control of. See:
| Hot Issues: Laws of Property, SEDM https://sedm.org/laws-of-property/ |
3. If you are not in receipt of the above, it would be SLAVERY or THEFT to demand the CONSIDERATION of your services or compliance in any form whatsoever without express compensation. This is explained in:
| Lawfully Avoiding Government Obligations Course, Form #12.040 https://sedm.org/LibertyU/AvoidGovernmentObligations.pdf |
4. The purpose of establishing government is justice and the end of justice is to be entirely left alone. See:
| What Is “Justice”?, Form #05.050 https://sedm.org/Forms/05-MemLaw/WhatIsJustice.pdf |
5. If they are an administrative agency, they have to leave you alone and NEVER “enforce” against you UNLESS you approach THEM as their CONTRACTOR and ASK for services, “benefits”, or property, which are all property. If they won’t leave you alone, then they are committing a common law trespass upon your ownership of YOURSELF and criminally instituting SLAVERY, PEONAGE, HUMAN TRAFFICKING if they make you a target of any kind of enforcement. Here is an example of a criminal complaint against such enforcement:
| Affidavit of Duress: Illegal Tax Enforcement by De Facto Officers, Form #02.005 https://sedm.org/Forms/02-Affidavits/AffOfDuress-Tax.pdf |
6. The requirement to exhaust administrative remedies only applies to CUSTOMERS who have consensual business with the agency engaging in the enforcement. The “state citizen” you mentioned in your lead question IS such a “customer”.
7. It costs them NOTHING to leave you alone, so they can never claim it is a “benefit” to be left alone. Its a RIGHT. To have to follow a bunch of exhaustion remedies for customers when you aren’t a patron or customer before you can get a common law or constitutional remedy is a violation of due process for those who are not customers, such as citizens or residents.
8. Those who are DUMB enough to BE customers called citizens or residents and who have RES-IDENT ID have to follow exhaustion rules. But those who aren’t don’t.
9. The exhaustion principle only limits STATUTORY remedies, not constitutional remedies. Congress CANNOT, by legislation, limit constitutional or even common law remedies or prescribe rules for when or if they may be exercised, INCLUDING the exhaustion of administrative remedies. However, they can for CUSTOMERS who have waived constitutional protections as indicated in:
| How You Lose Constitutional or Natural Rights, Form #10.015 https://sedm.org/Forms/10-Emancipation/HowLoseConstOrNatRights.pdf |
The people described in the above are ALL “customers” and franchise participants engaging in patronage with the government parent that the administrative agency works for.
Only those who have NOT waived constitutional or natural remedies by becoming “club members” who have to follow exhaustion rules are entitled invoke common law or constitutional remedies, but ONLY beyond the point of giving the constitutionally required reasonable notice to the government to cease and desist all enforcement actions and the basis upon which you claim the right to be left alone as a matter of justice. Such a notice might be construed as exercising the full extent of exhaustion of remedies for those who do not have to follow the civil statutory exhaustion remedies ADDED to the this constitutional remedy. For instance, it makes no sense for a “taxpayer” to exhaust all STATUTORY CIVIL remedies if he or she is NOT a statutory “taxpayer”, “citizen”, or “resident” made liable for tax in the Internal Revenue Code.
Caselaw to prove the content of this section is something we would like to add to this section eventually, but these are the basics as we understand them so far.