By: Joel Stephen Mattson

How Most Court Rulings Violate Due Process, Jurisdiction, and the Constitution

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1. What Is “Color of Law” and Why Does It Matter?

“Color of law” refers to actions taken by government agents under the appearance of legal authority that have no lawful basis. Many court orders, especially from administrative and lower courts, fall into this category.

“Color of law” is defined in 18 U.S.C. § 242 as the misuse of power possessed by virtue of state law.

The public sees a judge’s order and assumes it’s lawful. But if the judge:

• Lacks jurisdiction;
• Proceeds without consent;
• Ignores constitutional protections;

—then the order is void. It is color of law.

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2. Article III vs. Article I Courts: Know the Difference

Article III courts are the only legitimate judicial branch courts established by the Constitution. They provide:

• Life-tenured judges;
• Independent authority;
• Due process and constitutional protection.

Article I courts, on the other hand, are legislative or administrative tribunals, often created for:

• Tax disputes;
• Traffic tickets;
• Family law;
• Municipal enforcement.

These courts depend entirely on your consent to jurisdiction.

“Consent of the parties cannot give a court jurisdiction if the statute has not.” — Graham v. Cabell, 121 U.S. 451 (1887)

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3. When a Court Order Has No Authority

A court order is not valid when:

• The issuing court lacks subject-matter or personal jurisdiction;
• The parties were not properly noticed or served;
• The judge acts outside their scope or under conflict of interest;
• Due process is violated (no fair hearing, no neutral arbiter).

“A court must have jurisdiction both of the subject matter and of the parties.” — Basso v. Utah Power & Light Co., 495 F. Supp. 906 (D. Utah 1980)

If these conditions aren’t met, the order is void ab initio—null from the beginning.

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4. The Role of Consent in Court Jurisdiction

Most modern courts operate by presumption of consent:

• You show up voluntarily (even under threat);
• You don’t challenge jurisdiction;
• You call the judge “your honor” and follow rules.

This gives them implied authority to proceed. But consent can be rebutted:

• File a Jurisdictional Challenge;
• Demand proof the court is Article III;
• Require delegation of authority to act against you.

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5. Case Law That Destroys Presumed Authority

“A judgment rendered by a court without jurisdiction is a nullity and may be vacated at any time.” — Valley v. Northern Fire & Marine Ins. Co., 254 U.S. 348 (1920)

“Fraud upon the court makes void the orders and judgments of that court.” — Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944)

“If a court is without authority, its judgments and orders are regarded as nullities.” — Ex parte Giambonini, 117 Cal. 573 (1897)

“Judges are liable under 42 U.S.C. § 1983 when they act in the clear absence of all jurisdiction.” — Stump v. Sparkman, 435 U.S. 349 (1978)

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6. Administrative Courts Are Private Corporate Tribunals

These “courts” are:

• Created by statute, not the Constitution;
• Operating under contract law and code enforcement;
• Often registered as corporate entities (check Dun & Bradstreet).

They do not provide:

• Constitutional due process;
• Jury trials by right;
• Access to independent Article III protections.

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7. The Judges Don’t Want You to Know This

Most lower court judges:

• Work under limited statutory authority;
• Are paid by the municipality or agency bringing the case;
• Have conflicts of interest built into the system.

They are administrators, not constitutional judges. They operate by mutual consent, not true law.

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8. How to Defend Against a Color of Law Order

1. Challenge Jurisdiction Early – Before pleading anything, demand proof of lawful authority.
2. Conditionally Accept Orders – Only accept under proof of constitutional jurisdiction.
3. Rebut the Presumption of Consent – State that you do not waive rights and do not consent to Article I forum.
4. File Affidavits into the Public Record – Put your position on record with witnesses and notary.

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9. How to Vacate a Void Order

If you’ve already received a void order:

• File a Motion to Vacate for Lack of Jurisdiction;
• Attach unrebutted affidavits and case law;
• Include challenge under 42 U.S.C. § 1983 for deprivation of rights under color of law.

“No court has discretion to ignore lack of jurisdiction.” — Joyce v. U.S., 474 F.2d 215 (3rd Cir. 1973)

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10. You’re Not in a Courtroom. You’re in a Corporate Venue.

Unless proven otherwise:

• You’re in an administrative hearing masquerading as justice;
• Your rights are presumed waived;
• The orders issued are binding only by your silence and compliance.

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Conclusion: Lawful Authority Must Be Proven—Not Presumed

Never forget: An order issued without jurisdiction is not law. It is a commercial tactic. It is color of law. And it is void.

Stand in truth. Demand proof. Rebut the presumption.

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Next Article in the Series: What Is Real Due Process and Why You’ve Never Had It
Back to Consent Trap Series Overview: Consent Trap Landing Page

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