UNITED STATES DISTRICT COURT
    MIDDLE DISTRICT ___________

UNITED STATES OF AMERICA
            
vs.
                                                                                                                  Case No. _________________
DEFENDANT
___________________________/

MOTION TO DISMISS

    COMES NOW the defendant, by and through his undersigned attorney and asks the Court to dismiss the indictment in this cause pursuant to Federal Rule of Criminal Procedure 12 and gives as cause therefore the following:

DEFENDANT DENIED FIRST AMENDMENT RIGHT
& THE TRIAL VIOLATES ESTABLISHMENT CLAUSE

    The First Amendment states, “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof;.....”  
    Government schools are de facto churches and violate the establishment clause.  Government schools espouse the government’s belief in itself as an omnipotent, omniscient entity with unlimited powers (or striving fast to get there) and the ability to perform miracles.   The religion is the cult of the omnipotent state.  
    The Constitution is supposed to limit the government and enumerate few purposes in its clauses, and no where in the Constitution do the words “schools” “education” nor “War on Drugs” or any part thereof appear.
    The law under which the defendant is charged is as offensive as any “blue law” where a religious belief is imposed upon intercourse between peaceful adults in the privacy of a motel room.
    When the U.S. Constitution was written, most jurors received private educations, often in church schools, and government schools, if they existed at all, were rare and did not predominate as they do today.   Government, through taxation and other forms of socialism, has forced itself into the place held historically by church schools.
    If the Constitution’s authors had foreseen the government’s modern education monstrosity then the Sixth Amendment would have stated “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.....and if the government takes over the schools, then jurors must come from non-government schools.”
    Better still, the authors would have explicitly banned government schools just as they banned government churches, in the First Amendment, stating  “Congress shall make no law respecting an establishment of religion or education, or prohibiting the free exercise thereof; or abridging the freedom of the speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Nor suppressing such through an establishment of religion or education.”
    The separation of school and state is as important as the separation of church and state.

Respectfully submitted,
_____________________________
Rex Curry,
Attorney for Defendant
Tampa, Florida
rexy@ij.net