Law Research and Registry

From: Subject: Law Research and Registry Date: Sun, 1 Mar 2009 00:25:25 -0600 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_0000_01C99A04.37252E20" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3350 This is a multi-part message in MIME format. ------=_NextPart_000_0000_01C99A04.37252E20 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.freedom-school.com/this-is-not-that.html Law Research and Registry "What's In A Name?" or "This Is Not=20 That!" by The Watcher on the=20 Wall

My last two years in high school, the heavyweight on = our=20 wrestling team, and center of the football team, was a strapping kid who = checked=20 in at about 260 pounds. His name was George Dennis.=20

I say his name was George Dennis, but it might have = been Dennis=20 George. I never could settle on which it was, and most of forty years = after the=20 fact, I'm less certain today - his name might be George Dennis, it might = be=20 Dennis George. When I run across one, I'll check it out in an old=20 yearbook.=20

That has to be a problem for lots of people who have = two first=20 names, or two last names, rather than one name clearly being a first = name and=20 the other clearly being a last. I was never confused by Jimmy = Jambrosic's=20 name.=20

Somewhat the same problem plagues the nation when it = comes to=20 determining the character of courts of the United States. For example, = sections=20 in the United States Code, statutes in the Statutes at Large, = commentaries, and=20 court decisions might use the terms, "district court", "district court = of the=20 United States", "United States District Court", or "United States = district=20 courts" without explaining what is being talked about. The casual = reader,=20 including most attorneys, pass these various terms over without giving a = second=20 thought to the notion that they aren't the same - that they are actually = two=20 distinct court systems - one system is comprised of Article III courts = of the=20 United States, the district courts of the United States, and the other = is=20 Article IV territorial courts of the United States, the United States = District=20 Court (proper noun), which is in the United States district court = system.=20

One of the keys to unraveling the mess is study of = definitions=20 in section 451, of Title 28 of the United States Code. There it is found = that,=20 "the terms 'district court' and 'district court of the United States' = mean the=20 courts constituted by chapter 5 of this title."=20

[See 28 USC =A7=A7 81-131 for judicial districts and = the various=20 cities where the "district courts of the United States" were to be held. = 28 USC=20 =A7 116 provides the statutory authorization for Oklahoma's true = judicial federal=20 courts pursuant to Article III.]=20

Codification for the section, if typed in a straight = line,=20 would be longer than a well rope.=20

In section 132(a), we find an entirely different = creature:=20 "There shall be in each judicial district a district court which shall = be a=20 court of record known as the United States District Court for the=20 district."=20

By referencing notes for the section, it is found = that current=20 section 132 of Title 28 is an amalgamation of sections from Titles 28 = (judicial=20 proceedings, civil procedure, etc.), and 48 (Territories and Insular = Possessions=20 of the United States) of the 1940 edition of the United States = Code.=20

District courts, or district courts of the United = States, are=20 Article III judicial courts; the United States District Court, or the = United=20 States district courts, are Article IV legislative-territorial courts of = the=20 United States. The latter have absolutely no Article III judicial = capacity -=20 they are admiralty courts that operate under bastardized rules, with a = few=20 cosmetic brushes, "in the course of the civil law". True Article III = judicial=20 courts, the district courts of the United States, were established = primarily as=20 commo= n law=20 courts, proceeding " in the course of the common law" (Judicial acts = of 1789=20 & 1792).=20

The Fifth, Sixth, and Seventh Articles of Amendment = assure the=20 sovereign people of due process "in the course of the common law", = according to=20 Chief Justice Marshall in a precedent 1825 Supreme Court = decision.=20

I remember those distinctions better than the proper = order of=20 my wrestling buddy's name because I've labored for some time to = straighten out=20 the mess that speaks so clearly of judicial tyranny.=20

This same propensity for "familiarity" plagues us = constantly.=20 For example, when I was a kid, I had a terrible time with the words, = "there",=20 "their", "they're", etc.=20

Does everyone like a parade? Oddly, I don't much care = for them,=20 except in my home town, population 300, when dogs, kids, and goats = usually steal=20 the show. But I've always been reasonably patriotic, so early on = developed=20 respect for the flag of the United States. Then a batch of patriots = brought up=20 the matter of gold-fringed flags posted in courtrooms and indoors in = other=20 public buildings, including incorporated churches.=20

This is a case of "this isn't that."=20

The official flag of the United States, as evidenced = at section=20 1, Title 4 of the United States Code, has thirteen alternating red and = white=20 stripes, and currently has fifty white stars in the blue union field. It = does=20 not have gold fringe. In fact, the gold-fringed flag is the Union Jack,=20 constructed to presidential specifications under the President's = authority as=20 commander-in-chief of the military. Consequently, any time you enter a = public=20 building, whether a court or otherwise, you can presume that you've = entered an=20 area under quasi-military (Coast Guard) admiralty authority if the Union = Jack is=20 posted anywhere in the room.=20

Another word game most people overlook is identity = and standing=20 of the principal of interest, particularly on court documents. If the = "United=20 States of America" is the prosecuting or complaining party =85 Who the = devil is=20 the "United States of America"?=20

The Constitution of the United States - that's the = proper title=20 - vests authority in a governmental entity designated and known as the = "United=20 States".=20

Here again, some evil genius worked a spell: The = "United States=20 of America" is a coalition or compact of territories belonging to the = United=20 States, which by strange coincidence are defined as "States".=20

Actually, government officials of the "several = States" party to=20 the Constitution participate in this fraud through the Organization of = States,=20 which is completely de facto - in fact, but not in law. The Constitution = of the=20 United States prohibits establishing new states within jurisdiction of = existing=20 states, so the notion that Oklahoma, California, New York or any other = state=20 which belongs to the Union of the several States party to the = Constitution can=20 be an instrumentality or State of the United States is simply a = bureaucratic=20 scam. The scam developed and was put in place after people serving in = local,=20 state and federal government convened in Denver in 1935 to sign a = compact of=20 intergovernmental dependence.=20

At any rate, the "United States of America, ss, = President of=20 the United States," is authorized as principal only in the [United = States]=20 District Courts of Puerto Rico and the Virgin Islands (see sections 874 = &=20 1406f, Title 48 (Territories and Insular Possessions) of the United = States=20 Code.=20

The way this riddle works out - if you're being sued = or=20 prosecuted in the United States District Court, the United States of = America is=20 the complaining or prosecuting party, and the Union Jack is posted in = the=20 courtroom, the court is assuming powers and maritime jurisdiction of the = [United=20 States] District Court of the Virgin Islands - see section 3241, Title = 18 of the=20 United States Code.=20

It should be easy enough to stand the Stars and = Stripes, Old=20 Glory, and the Union Jack side-by-side, and see, "This is not that". But = the=20 distinction - the iron will of reprobate, de facto authority - doesn't = usually=20 penetrate to the point someone is confronted with bureaucratic plunder = and=20 tyranny. The Federal alphabet brothers - IRS, BATF, FBI, DEA, et al - = shielded=20 by admiralty magistrates (they aren't true judges), are bold enough = decorum is=20 about the same as headhunters in a feeding frenzy.=20

Now for an even better joke: The United States Code = isn't=20 law.=20

If you're reading this, Dennis George, you should get = a belly=20 laugh. Per the preface and forward of the 1926 edition, the Code is = merely=20 restatement and "prima facie" the law (evidence of the law). No law was=20 repealed, and no law passed when the Code was created. In the preface to = the=20 1994 edition, Newt Gingrich, Speaker of the House of Representatives, = tells us=20 that those titles enacted as "positive law," a quaint term, constitute = "legal=20 evidence" of the laws of the United States.=20

What is legal evidence? Evidence is in some way = supportive of a=20 fact. It can be documentary, oral, pictorial, or any number of things. = But think=20 of it this way: A bloody knife may be evidence relating to murder, but = murder=20 isn't established until there is a corpse. In this case, the corpse is = the=20 Statutes at Large. A volume of the Statutes at Large containing the = various=20 acts, resolutions and policy positions of Congress is published = annually.=20

In order to track down the law, it is necessary to = consult=20 statutory authority listed for any given section in the United States = Code, then=20 track back through original acts and amendments in the Statutes at = Large. Any=20 given section in the United States Code may be an amalgamation of as = many as=20 half a dozen different laws published in Statutes at Large.=20

The United States Code does not vest a franchise of = authority=20 in any officer, department, agency or court of the United States, nor = does it=20 establish territorial or subject-matter jurisdiction.=20

One of the better jokes is the Internal Revenue = Service. That=20 particular fraud was a long time in the making. It began, more or less, = in 1921,=20 when Congress replaced Treasury officers and employees with the General=20 Accounting Office, under direction of the Comptroller General. The = Treasury of=20 the United States is a Congressional department, evidently kept under=20 supervision of the Senate. At any rate, GAO is responsible for settling = all=20 accounts owed by or to the United States - all means all. The Internal = Revenue=20 Service, successor of the Bureau of Internal Revenue, is an agency of = the=20 Department of the Treasury, Puerto Rico. So is the Bureau of Alcohol, = Tobacco=20 and Firearms. And these wonderful folks have authority only in special = maritime=20 and noncontiguous (off-shore) territorial, jurisdiction of the United = States -=20 jurisdiction which just coincidentally includes the Virgin Islands. As = an=20 independent agency, IRS contracts systems development and recordkeeping = services=20 for the Treasury of the United States - contracts may be with GAO or the = Comptroller General, but as yet haven't been secured.=20

It so happens that no taxing statute in the Internal = Revenue=20 Code, which is not law, reaches the Union of several States save as it = might=20 apply to officers and employees of United States Government - and = officers of=20 corporations where United States Government has a proprietary = interest.=20

That was taken care of by the Internal Revenue Act of = November=20 23, 1921. "Income tax" allegedly authorized by the Sixteenth Amendment = (1913)=20 took such a beating from about 1915 to 1920, that Congress used the Act = of=20 November 23, 1921 to repeal virtually all taxes issued under Article I = and=20 Sixteenth Amendment authority, then when they were variously reenacted, = they=20 were under authority relating to territories of the United States, = subject to=20 Congress' Article IV =A7 3.2 municipal authority. What is now known as = income tax=20 was then called "normal tax" - tax against wages of Federal government = officers=20 and employees. The tax was first enacted in 1862, repealed in the 1870s, = then=20 re-appeared sometime around 1918. Social Security, which also applies = only to=20 government employees, was first condemned by the Supreme Court, then = came on=20 line in 1935 via "treaty" agreements - treaty applicable only in = territories of=20 the United States.=20

It appears that Federal liquor taxes may have = remained in place=20 through prohibition - Eighteenth Amendment repealed in December 1933 - = but the=20 United States vs. Constantine decision (December 1935) put an end to = Federal=20 enforcement of state liquor laws. Administration of the Federal Alcohol=20 Administration Act was moved under Bureau of Internal Revenue, Puerto = Rico,=20 administration via Reorganization Plan No. III of 1940 (Virgin Islands = maritime=20 jurisdiction).=20

One of the more interesting "this is not that" = investigations=20 relates to the Commissioner of Internal Revenue.=20

A Commission of Internal Revenue office was created = in the=20 Treasury of the United States by act of Congress in July 1862, but was=20 effectively abolished via the Revised Statutes of 1873. When the = position=20 materialized again, it was in the Department of the Treasury. But it = isn't in=20 the Department of the Treasury of the United States. So guess where it = is - the=20 Department of the Treasury, Puerto Rico.=20

Don't confuse the Department of the Treasury with the = Treasury=20 of the United States, also known as the Treasury Department. The = Department of=20 the Treasury of the United States is an executive department, where the = Treasury=20 of the United States is independent, evidently accountable to the = Senate. The=20 Department of the Treasury has virtually no authority relating to = administration=20 of United States tax laws - GAO, as agent for the Treasury of the United = States,=20 has that responsibility.=20

If your humor is stretching thin, try this: The = Federal Bureau=20 of Investigation is an administratively created agency in the Department = of=20 Justice. So far as investigative and enforcement powers are concerned, = the only=20 authority FBI has relates to investigation of Federal government = officers and=20 employees. FBI was not created via Congress' legislative authority, and = has no=20 powers beyond those vested in the Department of Justice.=20

Judicial officers in various courts of the United = States are=20 attempting to avoid making judicial determinations on these various = matters, but=20 the day of accounting is quite literally at hand.=20

The problem now is finding, and activating, Article = III=20 district courts of the United States, established by judiciary acts of = 1789 and=20 1792 as courts of common law which must proceed "in the course of the = common=20 law".=20

Civil law process vests broad discretionary powers in = judicial=20 officers. Equity, admiralty, and maritime cases all proceed in the = course of=20 civil law. But due process in the course of the common law pretty well = takes=20 judges out of it until the adversarial parties, by alternative = pleadings, have=20 the controversy boiled down to particulars of law and fact, = appropriately=20 separated, which must be determined by trial.=20

The course of the civil law allows things to be = jumbled, and=20 the judge has broad discretion. He isn't necessarily bound by = precedent.=20

When a civil matter is litigated in the course of the = common=20 law, a jury determines fact, and a judge determines law. But even there, = he is=20 bound by 800 years of precedent decisions - he cannot lumber off on his = own to=20 hammer out new law. And he has to stand up in an open hearing to give = authority=20 to support his ruling. Nothing can be done in sequestered chambers - he = is=20 constantly subject to public scrutiny. That's the reason judges in the = last=20 century were known to ride the fastest horses - corrupt judges = frequently went=20 into the rope-stretching business.=20

In criminal cases, the jury has the right to judge = law and=20 fact, and it goes without saying that the defendant, or his counsel, had = the=20 right to argue application and merits of the law to the jury. Thus, jury = nullification power, also called jury lawlessness.=20

This survey might have you wondering "Is all this = true? And if=20 it is true, how corrupt is American government?"=20

I assure you, everything I've addressed is true. = Sincere people=20 across America have dedicated huge chunks of life and personal resources = to=20 document and expose the "Cooperative Federalism" scheme. So far as the = second=20 question - we have possibly most intriguing, corrupt government system = ever=20 devised. In many ways, encroachment and usurpation of power are subtle, = but=20 increasing conflict is bringing out more of the Gestapo character of = entrenched=20 powers.=20

The big problem, beyond those with jackboot = mentality, is=20 dependency. By 1990, Federal government employed more people than all = American=20 manufacturing combined; we had 24 million on Social Security, and fully = 20% of=20 the population relied on food stamps and other forms of government = assistance.=20 In interior natural resource states such as Oklahoma, government has = been the=20 only consistent growth industry since 1982.=20

In our system of constitutional government, where all = governmental entities and public servants must accept limits of = constitutionally=20 enumerated powers, tyranny never stands on one leg - it takes = perpetrators by=20 intent, and perpetrators by consent. One way to enlist consent is by = creating=20 dependency. That's exactly what has happened. It's easy to be righteous, = patriotic, et al, if it doesn't cost you anything out of your own pocket = or if=20 you don't risk direct personal reprisal. It's another story when the = cost, and=20 consequence, might be personal. It boils down to making moral choices = and=20 believing God rather than government as our provider.=20

The object of the tyranny? American solvency, = sovereignty, and=20 ultimately, liberty. Dependency was created by undermining the nation's = natural=20 resource industries, which produce all new wealth, the manufacturing, = which=20 accounts for about a 4-time trade turn on dollars. The notion that the = nation=20 can survive and thrive on service industries, that create no new wealth, = is=20 among the more vicious lies ever told.=20

As a consequence of this balderdash, the Federal = on-budget=20 debt, with annual interest now exceeding $250 billion, is rapidly = approaching=20 gross domestic product - America's total production return for a year.=20 Cumulative local, state and national debt, including illusive state and=20 municipal bonds, now exceeds $25 trillion, which is something in excess = of four=20 times GNP.=20

It doesn't take a mathematical genius to see the = compounding=20 interest effect. In the private sector, it has consolidated over 40% of = real,=20 financial and production assets in the hands of approximately one = percent of the=20 population; under 15% of the population has profited from economic = constriction=20 than commercial in about 1972.=20

People are most apt to look at and accept the truth = when they=20 have been victimized by the silent forces of physical economy, the = plunder and=20 tyranny that is invariably perpetrated by de facto authority, and = realization=20 that the lie is unsustainable - institutionalized debauchery is certain = to=20 collapse the system around our ears.=20

It doesn't take a prophet to see why so many people = have=20 engaged the study of law, the structure of government and court systems, = etc. As=20 increasing numbers of middle and upper-middle income families have been=20 victimized, growing numbers of competent, educated people have joined = the ranks=20 of those dedicated to unearthing and exposing the truth.=20

When finally the craft of reprobate wordsmiths has = been=20 untangled, the reality of what has happened, and what is happening, is=20 reasonably easy to demonstrate. It boils down to, "This is not that" and = "You=20 aren't who you are representing yourself to be."=20

"That is not the flag of the United, it is the Union = Jack - you=20 are attempting to impose unconstitutional military authority."=20

The most powerful weapon against this tyranny is = public=20 exposure. Read the Apostle Paul's prophesy at II Timothy 3:8 & 9 for = effect.=20

23 U.S. 1, Wayman v. Southard, (U.S.Ky. = 1825)=20

2. The next question was, what had been done by Congress?=20

The act of the 24th of September, 1789, c. 20. established the = judicial=20 tribunals. The 34th section enacts, that 'the laws of the several = States,=20 except where the constitution, treaties, or statutes of the United = States shall=20 otherwise require or provide, shall be regarded as rules of decision in = trials=20 at common law in the Courts of the United States, in cases where they=20 apply.' But this merely gives the ground of decision; it does not = give the=20 means of attaining the decision, or of giving it effect.=20

The powers of the Courts are conferred by the sections from 13 = to 17=20 inclusive. The Courts being thus established, their jurisdiction = defined,=20 or to be defined, and the nature of their proceedings distinguished, the = power=20 to issue the common law writs of mandamus and prohibition, is vested in = the=20 Supreme Court by the latter part of the 13th section. The 14th = section=20 then gives them power to issue 'writs of scire facias, habeas corpus, = and all=20 other writs not specially provided for by statute, which may be = necessary=20 for *7 the exercise of their respective jurisdictions, = and=20 agreeable to the usages and principles of law.' This is to be = taken ad=20 referendum, according to the function they were to perform. = They were=20 to be common law Courts, proceeding according to the course of the = common=20 law, with power to issue writs agreeably to the principles and = usages of=20 that law. The common law remedies were, therefore, adopted by the=20 Judiciary Act of 1789, c. 20. and it has been judicially determined that = these=20 remedies are to be not according to the varying practice of the State = Courts,=20 but according to the principles of the common law, as settled in = England.=20 (FNb) This, of course, is to be understood with the exception of = such=20 modifications as have been made by acts of Congress, the rules of Court = made=20 under those acts, and the State laws in force in 1789.

58 S.Ct. 543, 303 U.S. 201, Mookini = v. U.S.,=20 (U.S.Hawai'i 1938)=20

[2] [3] [4] The term 'District Courts of the United States,' = as used=20 in the rules, without an addition expressing a wider connotation, has = its=20 historic significance. It describes the constitutional courts = created=20 under article 3 of the Constitution. Courts of the Territories are = legislative courts, properly speaking, and are not District Courts of = the United=20 States. We have often held that vesting a territorial court with=20 jurisdiction similar to that vested in the District Courts of the United = States=20 does not make it a 'District Court of the United States.' Reynolds = v.=20 United States, 98 U.S. 145, 154, 25 L.Ed. 244; The City of Panama, 101 = U.S. 453,=20 460, 25 L.Ed. 1061; In re Mills, 135 U.S. 263, 268, 10 S.Ct. 762, 34 = L.Ed. 107;=20 McAllister v. United States, 141 U.S. 174, 182, 183, 11 S.Ct. 949, 35 = L.Ed. 693;=20 Stephens v. Cherokee Nation, 174 U.S. 445, 476, 477, 19 S.Ct. 722, 43 = L.Ed.=20 1041; Summers v. United States, 231 U.S. 92, 101, 102, 34 S.Ct. 38, 58 = L.Ed.=20 137; United States v. Burroughs, 289 U.S. 159, 163, 53 S.Ct. 574, 77 = L.Ed.=20 1096. Not only did the promulgating order use the term District = Courts of=20 the United States in its historic and proper sense, but the omission of=20 provision for the application of the rules to the territorial courts and = other=20 courts mentioned in the authorizing act clearly shows the limitation = that was=20 intended.

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