IN THE SUPREME COURT OF ARIZONA

We the People of Arizona State

United Together with
DANIEL WOOD
17253 North Rosemont Street
Maricopa, Arizona 85138
CASE # __________________
NUMBER:________________
CLAIMANT/AFFIANT
Original Action in Mandamus

v.

GOVERNOR OF ARIZONA
Douglas Ducey
1700 W. Washington St.
Phoenix, AZ. 85007
RESPONDENT

VERIFIED PETITION FOR WRIT OF MANDAMUS

I. PARTIES
1. CLAIMANT: Comes now Affiant Daniel Wood, one of the people (as seen in
Arizona State Constitution Article 2 Section 2), Sui Juris, in this court of record do make
the following claims:

Arizona Constitution Article 2 Section 2

All political power is inherent in the people, and governments derive their just
powers from the consent of the governed, and are established to protect and
maintain individual rights.

Claimant, has inherent powers, as to an authority possessed without being derived

from another. [Blacks Law 5th]

Claimant is in relationship to Respondent due to the bond of oath and agreement

requiring Respondent to act within certain set forth parameters.
Claimant is the expressly

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 2. RESPONDENT: Governor Douglas Ducey, is the sitting Governor of
Arizona State. Governor Ducey has sworn an oath to uphold and defend the Constitution
of the United States of America and the Arizona State Constitution, as part of his
privilege to serve the people.

3. Respondent derives [receives from a specified source – (Blacks Law 5th)]

their just powersfrom the consent of the governed (the source). The office of Governor
was established by the people. If he is exercising powers without consent of the people,
it follows that his exercised power is unjust and therefore subject to review by this court
of record and to mandamus action.
4. It is incumbent upon the Governor to uphold, in its entirety, the trust
indenture, the Arizona State Constitution, else his exercised power would be considered
void and his sacred oath and agreement irreparably broken.

FACT: Respondent swore to ‘protect and maintain individual rights’.

FACT: Definition of Maintain: prevent a decline… keep in force…. preserve from
lapse
[Blacks Law 5th]

5. Respondent is bound by agreement and oath to Claimant/Affiant(s) to

perform. Respondent may not engage in any Alliance, agreement, incentive,
partnership, deal, development goal, federal program, or initiative that would abrogate
or diminish in any way the prime agreement to abide by the trust indenture that binds
him first and foremost, as a servant of the people. Imminent harm is assumed if said
bound servant adhere to any foreign or domestic potential enemy or unconstitutional
program in violation of law, order, and oath.

6. Given these and the below facts of claim, time is of the essence and the court
must consider the real, existing,valid, impending and threatening violations that have
occurred and are occurring and threaten to recur, to act in mandamus and command
performance and restriction to restore and protect the rights and privileges of
Complainant/Affiant(s).

JURISDICTION

1. The Supreme Court of Arizona is the venue for writs pursuant to the
sovereign State and it’s officers per ARS 12-2021: “Issuance of writ

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A writ of mandamus may be issued by the supreme or superior court to any person,
inferior tribunal, corporation or board, though the governor or other state officer is a
member thereof, on the verified complaint of the party beneficially interested, to compel,
when there is not a plain, adequate and speedy remedy at law, performance of an act
which the law specially imposes as a duty resulting from an office, trust or station, or to
compel the admission of a party to the use and enjoyment of a right or office to which he
is entitled and from which he is unlawfully precluded by such inferior tribunal,
corporation, board or person.”

2. The Judicial department is to ‘protect the rights and interests... between the
parties who bring a case before court for decision’ and ‘apply the law’ [Blacks Law 5th]
3. The Governor is bound by solemn oath and duty to protect and maintain
individual rights to ensure equal justice for all of the people who are express
beneficiaries of the binding agreement he swore to.
4. It is true that the people at all times retain the right to alter, reform or abolish
the government whenever ‘a long train of usurpations… evinces a Design to reduce
them under absolute Despotism’. It is also true that the people wish for justice to flow
within the established structures.
5. The just power of the court derives from the people also, by oath, binding the
Court to uphold the Constitution to protect and maintain individual rights.
6. The claims presented herein are for the court to issue writ of mandamus,
declaration, order and mandate of restraint to Governor Ducey, that by nature must flow
down into every political subdivision of Arizona State. The court is being asked to
protect and maintain individual rights in accordance with the court’s oath, and in
application of law, by applying the Arizona State Constitution as set forth by the people,
to the matter at hand.

7. Therefore, pursuant to Article 2 Section 1 of Arizona State Constitution

A frequent recurrence to fundamental principles is essential to the security
of individual rights and the perpetuity of free government.

8. Claimant/Affiant(s) comes recurring to the simplicity of fundamental

principles, before this court, for redress of grievance to ensure the perpetuity of free
government. Claimant/Affiant(s) points out past, present and potential future violations
of rights and property, that necessitate judicial action to restrain Governor Ducey from
acting in any way contrary to the established, signed and sworn agreement for the
remainder of his term.

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 STATEMENT OF FACTS
9. The oath of office of Respondent is this:
I Douglas Ducey, do solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution and laws of the State of
Arizona, that I will bear true faith and allegiance to the same and defend them
against all enemies, foreign and domestic, and that I will faithfully and impartially
discharge the duties of the office of Governor according to the best of my ability,
so help me God (or so I do affirm).

10. Such oath, being a binding agreement and promise to support the
Constitutions and bear ‘true faith and allegiance to the same and defend them against all
enemies...’, compels performance.

11. Allegiance: Obligation of fidelity and obedience.. [Blacks Law 5th]

12. In his official capacity, Governor Ducey is enjoined to uphold and defend
the US and Arizona State Constitution.

13. The agreement that Governor Ducey made upon taking the oath of office is
a solemn obligation with clear terms and conditions. This agreement’s terms and duty
applies to each one of the people individually as well as jointly.

14. Complainant/Affiant comes listing portions of this agreement in the Arizona

State Constitution which the Governor is enjoined to continue to uphold and defend.

15. Claim: To demand as one’s own or as one’s right; to assert; … to insist.

Cause of action. Means by or through which claimant obtains possession or enjoyment
of privilege or thing. [Blacks Law 5th]

16. Claimant/Affiant asks the court to compel the Governor to uphold and
enforce Article 27 Section 2 A 1 of the Arizona State Constitution “A law or rule shall
not compel, directly or indirectly, any person, employer or health care provider to
participate in any health care system.” Section D 1 and 3 of Article 27 Section 2 defines
the terms as such:

17. D 1 - Compel: includes penalties and fines

Compel: To urge forcefully; … to be subjected to some coercion, fear, terror,

inducement, trickery or threat-either physically or psychologically, blatantly or subtly;

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the hallmark of compulsion is the presence of some operative force producing an
involuntary response. [Blacks Law 5th]

18. Article 27 Section 2 D 3 : ‘Health care system’ means any public or private
entity whose function or purpose is the management of, processing of, enrollment of
individuals for or payment for, in full or in part, health care services or health care data
or health care information for its participants

19. Claimant would not want current federal dictates and pressures to put our
Arizona Governor at risk of allowing statewide criminal violations, and it is thus meet
and correct to restrict him to his oath and the Constitution and remind him of the law.
The people of Arizona State are currently being coerced to enroll in health care services,
health care data, and health care information despite public comment to the contrary by
the Governor.

20. There is imminent danger of our Governor giving in to unlawful federal

dictates and financial incentive to participate in or allow Criminal Coercion of the
people. Criminal Coercion: A person is guilty of criminal coercion if, with purpose to
unlawfully restrict another’s freedom of action to his detriment, he threatens to: (a)
commit any criminal offense; or (b) accuse anyone of a criminal offense; or (c) expose
any secret tending to subject any person to hatred, contempt or ridicule, or to
impair his credit or business repute; or (d) take or withhold action as an official, or
cause an official to take or withhold action. [Blacks Law 5th]
[Emphasis added]

21. Several federal entities, state entities, both private and public, including the
transportation sector and airlines, as well as hospitals and schools, have been
VIOLATING the civil liberties of the people of Arizona for a period that is too great to
determine yet extraordinary in the past 20 months as per Article 27 Section 2 A 1 by
compelling, threatening, and even bribing the people of Arizona State to participate in a
health care system directly and indirectly, and even utilizing such health care system
participation as a requirement for employment.

22. On or about March 2020 extraordinary violations of this right were

observed under federal, state and or local rules by various entities both federal and state
forcing the people of Arizona to participate in a Health Care system by way of force and
threat.

23. People were required to wear alleged medical devices, provide DNA
samples, testing their temperature, requiring vaccinations, contact tracing and among

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other activities that would be considered health care services as well as private and
public data bases being created and collecting health care data and or health care
information by way of compulsion.

24. Article 27 Section 2 points out that to compel ‘includes penalties and fines’.
Both directly and indirectly the people of Arizona were forced by both federal and state,
both private and public entities to submit to unconstitutional laws and or mandates to
enjoy liberties such as entering or enjoying access to public or private institutions such
as venues, access to public transport, courthouses, schools, hospitals, and food
emporiums to name a few. Penalties for not abiding by these unconstitutional mandates
were arrest, fines and or inability to purchase food, travel or access medical care.

25. Article 2 Section 32 of the Arizona State Constitution

The provisions of this Constitution are mandatory, unless by express words they are
declared to be otherwise.

26. Mandatory: He to whom a mandate, charge or commandment is given

[Blacks law 5th]

27. Section 32 clearly sets for the law, that it is the people who have
commanded pre-existing MANDATES upon our government servants. It was
MANDATED by the people that all government officials stay within the provisions of
the Constitution.

28. No express words, explicit, plain, direct or declared words in the Arizona
State Constitution alter in any way Article 27 Section 2 . The declared mandated
provisions of the people must then, be honored above all and any action that opposes or
does not protect and maintain these natural and pre-existent individual rights would be a
trespass against the people whom Governor Ducey is bound to.

29. The people, per the Arizona State Constitution have all political power and
are beneficiaries of the trust indenture, and thus have original jurisdiction in all
mandates (mandatory provisions) set forth as law in the Constitution.

30. The Arizona State Constitution is for the security of the people together,
and each Claimant/Affiant individually.

31. The people’s mandates are prime. Mandates may also be a judicial
function:

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 32. Mandate: a command, order or direction, written or oral, which court is
authorized to give and a person is bound to obey. A judicial command or precept
proceeding from a court or judicial officer, directing the proper officer to enforce a
judgment, sentence or decree.
[Blacks Law 5th] [Emphasis by Highlight added]

32. Is a Governor or federal agency or public servant or private company or

Mayor sworn in as a judge to issue mandates of health care? If not then by what
authority do they act to issue any mandate of any kind in violation of law and mandatory
provisions of the Constitution?

33. Due to the violations that have occurred and the imminent danger of the
continued occurrence, Affiant asks the court to declare a mandate of restriction order to
restrain, and remind Governor Ducey to adhere to his oath and solemn agreement.
Claimant/Affiant declares again the constitution as the terms and conditions of the
agreement that Governor Ducey swore to.

34. Arizona State Constitution Article 2 Section 3

3. Supreme law of the land; authority to exercise sovereign authority against federal
action; use of government personnel and financial resources

Section 3.

A. The Constitution of the United States is the supreme law of the land to which
all government, state and federal, is subject.

B. To protect the people's freedom and to preserve the checks and balances of the
United States Constitution, this state may exercise its sovereign authority to
restrict the actions of its personnel and the use of its financial resources to
purposes that are consistent with the constitution..

C. If the people or their representatives exercise their authority pursuant to this

section, this state and all political subdivisions of this state are prohibited from
using any personnel or financial resources to enforce, administer or cooperate
with the designated federal action or program.

[Emphasis added]

35. The purpose of restricting government stated in 3B above is to PROTECT

THE PEOPLE’S FREEDOM.

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 36. Claimant/Affiant notes that Doug Ducey has in the past and may well again,
act to RESTRICT the people while ignoring the people’s mandates to protect our
FREEDOM AND RIGHTS. It is imminently clear that the people may restrict our
government servants when needed. The Court may also compel through mandamus, the
performance of Respondent to his duty owed.

37. Governor Ducey has spoken out recently against the federal overreach. This
is an encouraging sign. Claimant/Affiant has seen, over the last 20 months or so, that
Governor Ducey can and has gone back and forth on issues and therefore
Claimant/Affiant has no confidence nor assurance that the binding agreement to protect
individual rights will necessarily continue in part, nor fully protect the people due to
further federal pressures, corporate interests & pressures, and funding threats by the
current federal administration.

38. Public and private entities within the state of Arizona have been issuing
severe penalties to enforce such unconstitutional demands to compel such as denying
wages, employment and inter and intra state travel.

39. All such actions stated above are a clear, apparent violation of Article 27
Section 2 of the Arizona State Constitution and should cease immediately.

40. NOT taking action puts Claimant/Affiant(s) at further and continued

imminent risk of harm. 42 USC §1983 provides that every person who, under color of
any statute, ordinance, regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any citizen of the United States
or other person within the jurisdiction thereof to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable to the party injured in
an action at law, suit inequity, or other proper proceeding for redress.

42. “A law repugnant to the Constitution is void. An act of Congress repugnant

to the Constitution cannot become a law. The Constitution supersedes all other laws and
the individual’s rights shall be liberally enforced in favor of him, the clearly intended
and expressly designated beneficiary.” Marbury v. Madison, 5 U.S. 137 (1803)

43. “Emergency does not create power. Emergency does not increase granted
power or remove or diminish restrictions imposed upon power granted or reserved.

The Constitution was adopted in a period of grave emergency. Its grants of power to
the Federal Government and its limitations of the power of the States were determined
in the light of emergency and they are not altered by emergency.” Home Building &
Loan Assoc. v Blaisdell

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 WHEREFORE, as a result of the foregoing, Claimant/Affiant(s) respectfully
requests that proper process be served on Respondent, requiring Respondent to answer
or otherwise respond in the time period allotted by law, and that this Honorable Court
would award judgment in favor of Claimant/Affiant(s) and against Respondent as
follows:

1. Governor Ducey a be compelled to uphold the Arizona State Constitution

that each swore to uphold and defend against all enemies foreign and domestic.

2. Governor Ducey and the officers of any subdivision of Arizona State be

forever restrained from “using any personnel or financial resources to enforce,
administer or cooperate with the designated federal action or program” per Article 2
section 3. Especially any that violate Article 27 Section 2.

3. Governor Ducey be compelled to charge the Attorney General with the duties
vested in him to FULLY and continually enforce and uphold the Arizona State
Constitution by immediately ceasing any federal or state, public or private entity and/or
political subdivisions, within the jurisdiction and or operating in Arizona State
compelling the people of Arizona directly or indirectly to participate in health care data
collection, health care services, mandated treatments, and forced to provide healthcare
information by mandamus from this court.

4. That this Honorable Court order a speedy hearing of this declaratory

judgment action.

5. Such other relief to which Plaintiff may show himself to be entitled, such as
a return of court filing fees.

Respectfully submitted this ____ day of September, 2021

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 VERIFICATION

I hereby declare, certify and state, pursuant to the penalties of perjury under the laws of the
United States of America, and by the provisions of 28 USC 1746 that all of the foregoing
representations are true and correct to the best of my knowledge, information and belief.

Executed in ____________________________ Arizona on this ____________ day of

__________ in the Year of our Lord Two thousand and Twenty One.

_____________________________________________
Autograph of Affiant

Notary as JURAT CERTIFICATE

______________________State }

______________________County }

On this __________ day of ___________________________2021 (date) before me,

______________________________________, a Notary Public, personally appeared

______________________________________Name of Affiant, who proved to me on the basis

of

Satisfactory evidence to be the man whose name is subscribed to the within instrument and
Acknowledged to me that he executed the same in his authorized capacity, and that by his
autograph(s) on the instrument the man executed the instrument.

I certify under PENALTY of PERJURY under the lawful laws of Arizona State and that the
foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary / Jurat

____________________________________________________

Seal

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