Our goal is to educate people to how the system is, not what people think it is
Everything in our System of Government is based around agency and contracts. There are some legal scholars that would disagree with that statement, but let me tell you about a conversation I had with an attorney that I do respect.
His name is Michael A. Schlosser. He asked me one day, “how good do you think you are at contracts?”
I told him that everything is a contract. It doesn’t matter to me if it is civil or criminal or any other type of case. He stated that he didn’t agree with me. My response to him was this;
I said, “really Mike, when you were a defense attorney, and the Judge asked you questions did you ever once ask the Judge to define the words, or did you presume to know what he/she meant? And, it was at that point he got it.
There may be others that disagree with me, but the evidence is Voluminous. For example:
The Restatements of the law of contracts (Second), there are 74 instances where they use the principles of contract law as laid out in the UCC. In one instance, they discussed a plea agreement and it being a contract and not a conviction. For example;
In the Restatement of The Law Contracts (Second) § 205 Duty of Good Faith and Fair Dealing.
Here is a citation out of section 205;
C.A.2
C.A.2, 2007. Cit. and quot. in diss. op. Criminal defendant, who pled guilty, pursuant to a plea agreement, to one count of possession of child pornography, appealed his sentencing by the district court to the statutory maximum of 10 years’ (120 months) imprisonment. This court vacated and remanded for resentencing, concluding that the government breached the plea agreement by objecting to defendant’s request for an acceptance-of-responsibility adjustment. The dissent argued that because defendant had previously breached the plea agreement long before the government’s breach by making false denials, the earlier sentence should have been affirmed, since there was an implied obligation of good faith and fair dealing in every contract. U.S. v. Griffin, 510 F.3d 354, 375.
In United States v. Griffin, 510 F.3d 354, 360 (2d Cir. 2007) the state the following in the legal standard and standard of review
“We review interpretations of plea agreements de novo and in accordance with principles of contract law. United States v. Riera, 298 F.3d 128, 133 (2d Cir.2002) (citing United States v. Padilla, 186 F.3d 136, 139 (2d Cir.1999)).”
And in the Dissent it also states the following;
“As we have said before, applying contract law principles to agreements between the government and a defendant in the criminal setting, “[t]here is … an implied obligation of good faith and fair dealing in every contract.” United States v. Khan, 920 F.2d 1100, 1105 (2d Cir.1990) (citations omitted); see also United States v. Rexach, 896 F.2d 710, 714 (2d Cir.1990) (citing Filner v. Shapiro, 633 F.2d 139, 143 (2d Cir.1980); Restatement (Second) of Contracts § 205); Restatement (Second) of Contracts § 205 (“Every contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement.”).”
The number one thing that everyone does not do is study The United States Constitution with Analysis and Interpretation. It supposed to be the most important document according to everyone in our system of government.
One of the most important part of the United States Constitution in my opinion that is almost never discussed is Article 1 Section 10, otherwise known as the contract clause. It states as follows;
“No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.“
What is implied by that is also the right to not contract.