- Chapter Twelve`

Declaration of Independence, U.S. Constitution is Still the Law of the Land Despite Government Ignorance`

AMERICAN` LAW`

by Johnny Liberty`

Dedicated to the thousands of pioneers` who came before and contributed to the research` and creation of this handbook.

De Jure Nations Are Defined By Law`

“You have rights antecedent` to all earthly governments;` rights that cannot be repealed or` restrained by human laws;` rights derived from the Great` Legislator of the Universe.”

John Adams, Second President of the United States` Either we are a de jure nation defined by law, or we are a de` facto nation of power-hungry men and women serving their` own, short-term, self-interest, who will do anything to` preserve their positions of control and influence.

An important distinction is between de jure and de facto. De` jure means legitimate, lawful, by rights and just title. De` facto means the acceptance of a government, an action,` public policy or state of affairs, but is at the root illegal or` illegitimate.

The constitutional republic of the united states of America` and its sovereign “state” Citizens are the de jure government` and lawful authority, while the legislative democracy of the` federal United States is presently a de facto government` having extended its power by coup d’etat and deception.4`

> DE JURE — lawful government derived from the right and` just authority of We the People in a republic.

> DE FACTO — government by default, an imposed` authority or foreign power usurping the law and subjugating` We the People in a democracy.

Restoring the American Common “law of the land” to` protect the American people from the continued` encroachment of government and corporations is an` essential component of rediscovering America, and restoring` our constitutional republic.

Law is the philosophy of a nation in action. With 220 years` of American law and thousands of years of substantive` Common law, there is a rich history to draw upon for` preserving the rights of American National OR “state”  Citizens and limiting the authority and intervention of` government.

We the People must restore the “substance” of American law` which is today rarely practiced in the United States.

We must expose and challenge the “color of law” practiced` through the Uniform Commercial Code (UCC), a system of` law administering an undeclared bankruptcy against the` property and rights of the American people by an` unconstitutional banking authority operating on behalf of` foreign sovereign Power structures.

Every year there are thousands of criminal-making` “statutes” passed controlling behavior, lifestyle and the` commercial activities of ordinary Citizens.

Editor’s Note: There were 286,000 new laws, statutes, rules` and regulations passed in all jurisdictions in America last` year alone.

These extensive volumes of statutes make un-convicted` “criminals” of virtually all Americans.

All a maligned prosecutor has to do is find the appropriate` statute that penalizes, punishes, persecutes or prosecutes` any targeted individual or business, find a rubber-stamp` grand jury to indict, and destroy their lives with litigation. It` happens every day in these united states of America.

Plaintiffs almost always win in court. In federal court,` Plaintiffs, often the State, wins convictions about 95% of the` time. That’s pretty poor odds for Defendants. So being on` the offensive is strategically necessary to secure an` advantage in the court system.

The court system as we know it does not seek justice in any` sense of the word. How much justice can you afford? How` much could O.J. Simpson afford? How much can President` William Clinton afford? How much can you afford?

Are you prepared to be sued? Are you judgment-proof?

Corporations, including our governments, are presently in` the business of “legally” stealing your property and rights` everyday. We the People must reassert the power of justice` in this land by taking responsibility for insuring that the` American law stands.

The American law can only stand if the American people,` regardless of status, stand behind it. You must take the` Constitution and Bill of Rights seriously and demand your` elected representatives do the same.

“The first step in liquidating a people` is to erase their memory.”

— George Orwell 1`

Natural Law & Unalienable Sovereign Rights`

“Natural rights” are those unalienable sovereign rights such` as life, liberty, and the pursuit of happiness, inherent to all` human beings.

As a human being, you have the unalienable right to breathe,` to walk and talk, to eat and sleep, to exercise all your` unalienable rights as a free individual, providing you do` violate or infringe upon the unalienable rights of other free` individuals or damage or cause injury to them or their` property.

As free individuals, We the People must respect the laws of` the land as they were intended to be upheld — that all men` and women are created equal, that all men and women have` natural rights with equal protection of the law.

These natural laws and unalienable rights were then codified` into constitutional laws and statutes — unalienable rights` protected by the Common law, the Constitution for the` united states of America, and the Bill of Rights. These` unalienable sovereign rights include:` right of due process` right to a trial with jury` right to choose applicable law in your jurisdiction` right to travel`

right to contract` right to work` right to marry and bear children` right to own property` right to alias` right to entity` right to privacy` right to keep and bear arms` right to freedom of religion, speech, and assembly` Natural law defines the relationships between free sovereign` individuals based on the “golden rule.”

All men and women are created equal under the “natural` law” regardless of race, class, creed, or color. This is the` foundation of the Law of Nations, which is the code of` conduct and behavior between sovereigns, nations, or other` free entities.

“Natural law” and unalienable sovereign rights exist whether` or not enacted as acts of Congress or by any state legislature.

Civil liberties are immunities from government interference,` while civil rights are statutes granting benefits, privileges.

Civil rights are given by statute or administrative law, and` can be regulated or taken away at any time.

Any “right” granted by the government is not an unalienable` sovereign right, but a privilege or benefit.2` Law is defined as a habit of obedience to a person or` people who pretend to a higher authority over others.”

Regardless of your choice of Citizenship— a sovereign` American National OR sovereign “state” Citizen, or “U.S. citizen”— a basic comprehension of law, jurisdiction, due` process and contracts is necessary to exercise either your` “unalienable sovereign rights” or your government-granted` “civil rights”.

You will learn about the Common law, “color of law,” the` Uniform Commercial Code (UCC), how to get Common law` remedies in an Admiralty/Maritime OR Equity jurisdiction,` and courtroom strategies.

You will learn to present yourself in your sovereign capacity,` or defend yourself in propria persona, or pro se.

You will learn advanced tools for exercising and defending` your “rights” including affidavits, constructive legal notices,` non-statutory abatements, cross-claims and cross-libels,` civil rights or Title 42 actions, and commercial affidavits and` liens.

You will learn how to diplomatically and effectively deal with` government officials who are stepping outside their lawful` authority or jurisdiction and violating your unalienable` rights and immunities, or constitutional rights as a sovereign` “state” Citizen. Although, the courts are confrontational,` your posture doesn’t have to be belligerent and angry.

These are ineffective strategies and will get you in trouble.

You will learn how to handle a traffic stop, how to use your` constitutionally guaranteed rights as a jurist to judge not` only the facts, but the law itself, and how to challenge the` constitutionality of a statute.

Nothing in law is ever certain, or absolute. American law is` only enforceable if We the People are willing to stand behind` it and use it in our daily lives.

“The only thing necessary for evil to triumph` is for good men/women to do nothing.”

Edmund Burke 1729— 1797`

Basic Concepts of Law`

Law, like many other professions, has its own language and` basic concepts that must be understood. In law, “black”  could mean “white” and “white” could mean “black.”

Always refer to a good law dictionary (e.g. Black’s Law` Dictionary, Bouvier’s American Law Dictionary) for the legal` definition of any terms.

For example, in popular usage the word “person” has come` to mean you and I as human beings, people or individuals.

We often refer to each other as “persons” without` comprehending the jurisdictional trap.

But the legal definition of “person” is very specific. In fact, in` the Oregon Revised Statutes (ORS) alone, there are over 162` unique definitions and applications of the word “person.”

Sometimes it means a natural-born human being, but not` consistently. So when I ask, “Are you a person required to` file an income tax?” You best know what context or` definition is being applied.

> PERSON — legal fiction, corporation, trust or other` commercial entity; natural-born human being or individual;` in common usage, the term ‘person’ does not include the` sovereign, [and] statutes employing the [word] are` ordinarily construed to exclude it.

This discrepancy between the legal definition and the` common-use definition of terms has created a lot of` misconceptions about the law, due process, and courtroom` procedure. These have served those who would benefit from` our ignorance of the law.4` An important distinction exists between “lawful” and “legal.”

What is “lawful” always pertains to the substantive Common` law of the land— including the Declaration of Independence,` the Constitution and the Bill of Rights (e.g., your lawful right` to contract or right to travel).

What is “legal” pertains to the statutory forms and usages of` the law— commercial, administrative, legislative, rules and` regulations (e.g., business licenses, driver’s license). “

Unlawful” pertains to a violation of the Constitution for the` usA or the Bill of Rights. “Illegal” pertains to a breech or` violation of a private, statutory contract.

An activity or behavior can be both “unlawful” and “legal”  simultaneously, or vice versa (a bad law can be unlawful and` legal at the same time). “Legal” is not necessarily “right.”

“Illegal” is not necessarily “wrong.” Law is the philosophy of` a nation in action.

“An unconstitutional act is not law; it conferred no` rights; it imposes no duties; affords no protection; it` creates no office; it is in legal contemplation, as` inoperative as though it had never been passed.”

— Norton vs. Shelby County, 118 US 425 p.442`

In 1998, the Constitution is still the “law of the land” of the` united states of America. “Statutory” laws (i.e. legislative,` private, corporate, police and administrative law), created by` the federal legislative democracy of the United States, and` those created by the corporate States must conform to the` principles and original intent of the Constitution.

“No statute or Code can work to violate the` common law rights of the sovereign people.”

— Bouvier's Law Dictionary` There are many “bad” statutory laws on the books that do` violate constitutional law and principles, (providing we` haven’t “waived” these rights by contract). Bad laws require` legally enabled, sovereign “state” Citizens to challenge them.

U.S. citizens have no such right.

“The general rule is that an unconstitutional statute,` though having the form and name of law, is in` reality no law, but is wholly void, and ineffective` for any purpose; since unconstitutionality dates` from the time of its enactment, and not merely from` the date of the decision so branding it. No one is` bound to obey an unconstitutional law and no` courts are bound to enforce it.”

16 Am Jur 2d, Sec 177, late 2d, Sec 256`

The Constitution is Controlling`

In any administrative or court case, demand that the agency` or court not uphold any unconstitutional applications of any` statutes.

Marbury supra has been upheld nearly 400 times in the` ensuing nearly 20 decades and has never been overruled or` reversed. It has been repeatedly upheld in the courts that:` “All laws which are repugnant to the` Constitution are null and void.”

— Chief Justice Marshall, Marbury v Madison` 5 US (1 Cranch) 137, 174, 176. (1803).

“The duty of the court is to insure the Constitution` is construed in favor of the citizen”

— Byars vs U.S., 273 US 28.

“The Court is to protect Constitutionally secured` rights”

— Boyd v U.S., 116 US 616.

The Constitution was written in plain, simple language,` using words that everyone could understand to insure that` the intent of the founding fathers would not be` misinterpreted.

Each word was carefully chosen and today we need only` understand the meaning of the words as used in those days.

“The framers of the statute are presumed to know` and understand the meaning of the words used,` and where the language used is clear and free` from ambiguity, and not in conflict with other parts` of the same act, the courts must assume the` legislative intent to be what the plain meaning of` the words used import.”

— First National Bank v United States, 38 F (2nd)` 925 at 931 (March 3, 1930).

“A legislative act is to be interpreted according to` the intention of the legislature, apparent upon its` face. Every technical rule, as to the construction or` force of particular terms, must yield to the clear` expression of the paramount will of the legislature.”

— 2 Pet. 662.

“The intention of the legislature, when discovered,` must prevail, any rule of construction declared by` previous acts to the contrary notwithstanding.”

— 4 Dall 144.

“The intention of the law maker constitutes the` law.”

— U.S. v Freeman, 3 HOW 565; U.S. v Babbit, 1` Black 61; Slater v Cave, 3 Ohio St 80.

By definition of the word “Code,” one can see that statutes` are regulatory law.

“A body of law established by the legislative` authority of the state, and designed to regulate` completely, so far as a statue may, the subject to` which it relates.”

— Bouvier's Law Dictionary (1914)`

Jury Rights & Who Judges the Law?

As sovereign “state” Citizens, We the People have the` unalienable sovereign right to “take the law into our own` hands.” We can obey a “good” law, challenge a “bad” law` either by disobeying or ignoring it.

Of course, if we do so then we must be responsible to defend` our rights and challenge the law.

We the People have the unalienable sovereign right to a trial` with jury should the corporate State choose to prosecute us` when we disobey or ignore a bad law. If enough people` ignore a bad law, it will be as if it were null and void.

Prohibition ended not by repeal, but by noncompliance with` the law. “A law is never overturned until at least one` individual challenges it, and is never repealed until enough` people ignore it.”

As a jurist, you have the right to judge not only the facts but` the law, despite what judges and attorneys tell you.

A man in the old West was being tried for stealing a horse. It` so happened that the man was accused of stealing a horse` from another man whom no one in the town liked.

The case was tried and presented to the jury. The evidence` against the accused man was strong. The Judge asked if they` had reached a verdict. They replied, “We find the defendant` not guilty if he will return the horse.

After the Judge silenced the laughter in the courtroom he` told the jury that he could not accept that verdict, that they’d` have to deliberate and find another.

No member of the jury had any liking for the man whose` horse had been stolen as he had at one time or another` gotten the best of each of them.

About a hour later, the jury reentered the courtroom and the` Judge asked if they had reached another verdict.

The courtroom was silent. The jury answered, “We find the` defendant not guilty and he can keep the horse.

The moral of this story is that the jury has not only the right` to judge the law and the facts, but has the common sense` intelligence to do so. In a republic, justice is determined` from the bottom up, not the top down. 5` Sovereign “state” Citizens have the right and the judicial` capacity to challenge the constitutionality of a statute all the` way to the supreme Court.

What we don’t have is a judicial system that honors or` acknowledges the sovereignty of the people, OR the` supremacy of the Common law.

The California supreme Court Annual Review of Lower` Courts recently concluded that State courts routinely violate` the constitutional and due process rights of defendants,` including fully informing juries of their right to judge both` the facts and the law.

You have the right to vote your conscience. The jury has` more power than anyone else in the courtroom. You need to` know that, exercise it and not get disqualified because you` do.

“The jury is also free to judge the merits of the law itself, its` use in the case at hand, the motives of the accused person,` and anything else necessary for it to reach what it feels is a` just verdict...Judges seem to have forgotten that they are` supposed to serve merely as referees of courtroom disputes,` and as neutral legal advisors to the jury.” 5` As a “U.S. citizen (i.e., alien)” though, you have no right to` challenge the constitutionality of a statute, although you can` vote your conscience on a jury. An “alien” has no right to` raise the question whether a statute violates the Constitution` because an “alien” is not a de jure Citizen.

“I consider trial by jury as the only anchor yet` imagined by man by which a government can be` held to the principles of its constitution.”

— Thomas Jefferson`

Today during jury selection, jurors are routinely screened` assuring only U.S. citizens are selected. This is a` fundamental violation against the sovereign rights of “state”  Citizens.

The statutory “civil” right to a trial by jury (for U.S. citizens)` was not authorized by Congress until the Civil Rights Act of` 1968. If every defendant insisted upon his/her right to a jury` trial, the entire judicial system would collapse overnight.

This would insure that the assembly line of “justice” for` revenue collection currently practiced in the courts would` cease or slow down.

In practice, the jurors are only allowed to hear what the` government allows them. The greatest enemy of the large` law firms and corrupt de facto governments is the impartial` judge and the educated, fully informed jury.

Before anyone can be brought to trial for an infamous crime` by those acting on behalf of the government, an indictment` must be obtained from people serving on an independent` “grand jury.”

The grand jury is based on Common law in which a jury is` called to determine whether sufficient evidence exists to` warrant a trial of the person accused of a crime.

The grand jury, state or federal, has powers to subpoena, to` take testimony from witnesses and/or dismiss a case.

When Hoppy Heidelberg sat on a federal grand jury` regarding the Oklahoma City bombing, he acted` independently of the federal prosecutor and was rebuked` and discharged for acting responsibility and fulfilling his` duties as a juror. This aint’ the way it’s supposed to be.

“A grand jury’s purpose is to protect the` public from an overzealous prosecutor.”

— Minneapolis Star and Tribune 6`

The principle was established in our republican form of` government that ONLY the people should have the power to` institute criminal prosecutions, not the professional` prosecutors or the attorney generals.

This disallows government prosecutors from maliciously` prosecuting Citizens for political crimes, or bringing charges` without sufficient evidence to proceed to trial.

When you are acting as a jury member, you have the power` with your “vote” to disregard the instructions of any judge or` attorney in rendering your “Guilty” or “Not Guilty.”

If only one juror votes “Not Guilty” for any reason, there is` no conviction and no punishment at the end of the trial.

Thus, those acting on behalf of the government must come` before the common people sitting on juries to get permission` to enforce a law. Do you understand the power in this?

When Laura Kriho sat on a jury and decided her conscience` couldn’t convict for the alleged crime, she was indicted for` obstruction of justice by the judge. This ain’t the way it’s` supposed to be.

Having juries bow to the judges instructions to judge only` the facts, not the law, is an insult to the intention of our` founding fathers and mothers, but it’s the way the courts` operate today. Nobody is above the law, especially those` acting on behalf of the government.

If the law is an unjust one, then it must be judged null and` void by juries acting in consort. The only real power a judge` has over the jury is their ignorance and fear of retribution.

“It is not only his right, but his duty... to find the` verdict according to his own best understanding,` judgment, and conscience, though in direct` opposition to the direction of the court.

— John Adams`

Whose Flag is Flying in America Today?

In MARITIME law, the “Law of the Flag” is flown to notice` all who enter into contracts with the master that he intends` the laws of the flag to be the basis of all contracts.

A gold-fringe on a flag was always used on merchant ships` when they entered a foreign port to show that any dispute in` that port would be settled under International Law` Merchant Codes of law in an Admiralty / Maritime` jurisdiction.

The gold-fringe is called a “badge” which is a distinctive` border. It signifies an “ensign” in the navy, and is also a` “Military flag.”

“The placing of a fringe on the national flag,` the dimensions of the flag and the arrangements` of the stars in the Union are matters of detail` not controlled by statute, but are with the discretion` of the President as Commander in Chief of the` Army and Navy.”

— 34 Op Atty Gen 483 (1925)`

There is much debate about whether or not the gold-fringe` signifies an Admiralty/Maritime OR a Military/Martial law` jurisdiction. In a “statutory” courtroom having the rules of` one blend with the rules of the other appears consistent with` practice. We are under Military/Martial law because of the` perpetual bankruptcy of the federal United States corporation` and thus courts are ruled under emergency war powers` acts.

§1. Flag: stripes and stars on`

The flag of the United States shall be thirteen horizontal` stripes, alternative red and white; and the Union of the flag` shall be forty-eight stars, white in a blue field.— July 30,` 1947, ch.389, 61 Stat. 642`

Executive Order No. 10798` Ex. Ord. No. 10798, 24 F.R. 79, which prescribed` proportions and sizes of flags until July 4, 1960, was revoked` by section 33 of Ex. Ord. No. 10834, set out as a note under` this section.

Executive Order No. 10834. Proportions and Sizes` of Flags and Position of Stars` Ex. Ord. No. 10834, Aug. 21, 1959, 24` F.R. 6865, provided: WHEREAS the State of Hawai’i has` this day been admitted into the Union; and WHEREAS` section 2 of title 4 of the USC provides as follows:` “On the admission of a new State into the Union one star` shall be added to the union of the flag; and such addition` shall take effect on the fourth day of July then next` succeeding such admission.”

You may have noticed that the State courts no longer fly the` familiar United States flag that we symbolically raise on July` 4th, and flew above most federal buildings. This flag signifies a` military flag, not a civil flag of the United States.

All of the state and Municipal courts openly display it with` the gold-fringe, or admiralty banner. Federal courts have` always operated in a genuine Admiralty/Maritime` jurisdiction.24` There also is a civil flag of the United States that hasn’t been` flown since the Civil War. We’ve been in a perpetual state of` war since the federal United States declared itself to be` supreme over the sovereign state republics.

Now the States are treated as mere U.S. territories and` possessions. The U.S. government has apparently decided` the sovereign states are its territories, so it asserts its` military power over them under the “law of the flag.”

Instead of the United States military or civil flag or the flag` of the sovereign state republic, the gold-fringed Admiralty /` Maritime/Military/Martial law flag flies in State courts,` federal courts and buildings, public schools, banks, and even` inside the oval office of the President of the United States.

Today, the U.S. military flag appears alongside, on top of, or` in place of the state flags in nearly all locations within the` states. The UN flag has no business whatsoever flying within` a sovereign state republic.

The people of the United States actually have two national` flags, one signifying the military government and the other` signifying the civil government. As the war against the` American people is still going on, the U.S. government` hasn't flown the civil flag since the Civil War, except in the` U.S. Coast Guard and Customs.

Peace has never been declared, nor have hostilities against` the people ended. The government is still operating under` quasi-military rule. We the People have been under a` perpetual state of national emergency since the Civil War` with few interruptions.

Prior to World War II, the United States flag, neither` military nor civil, didn’t fly anywhere within the sovereign` states except over explicitly federal areas. State flags flew` high and proud. In a sovereign state republic it is proper for` the flag of that state to fly above the United States flag.

We the People could reinstate both the state and U.S. civil` flags, declare a state of peace and reclaim the sovereignty of` the states. Imagine that!7`

Gold-Fringed Flag Returned to Court` County Commissioners in Ferry County, Washington` removed a gold-fringed flag from the courtroom because` Commissioner Jim Hall said he was shown government` documents proving that fringed flags are inappropriate.

Commissioner Hall, who assured everyone that he doesn't` subscribe to constitutionalist views, said the flag was` removed to appease “anti-government constitutionalists,”  according to an article in Spokane's Spokesman Review.

After several months of fruitless negotiation, presiding Superior` Court Judge, Larry Kristianson, threatened legal action` against Hall, saying he could order the flag replaced and` have Hall jailed if he got in the way. To avoid a confrontation` that could have been “politically explosive” it was agreed` that the judge would buy a new fringed replacement flag` with his own money if the commissioners would promise to` leave it alone. “No person is authorized to come into the` court and take accouterments of the court without the` court's permission,” he said. 8`

Distinctions of American Law` The genuine distinctions of jurisprudence (COMMON LAW,` EQUITY, ADMIRALTY/MARITIME), and the courts` practicing in various jurisdictions have been merged into a` uniform, apparently seamless web of “federalized courts”  administering the law of commercial contract.

Most of the state/State courts have merged with the federal` mandates and relinquished their independence under the` separation of powers doctrines.

Article III of the Constitution specifies that all courts must` be under one of the following three genuine jurisdictions:` 1. Common Law;` 2. Equity; or` 3. Admiralty/Maritime.

> COMMON LAW— system of jurisprudence based on historical,` judicial precedent (court decisions and case law)` rather than legislative enactment (public laws & statutes); a` court of Common law is a tribunal with jurisdiction over cases` in Law; includes the law merchant and mercantile law, a` body of commercial law of the merchants of England from` which the negotiable instruments law derived; law does not` compel performance; you are free to do anything providing` you do not infringe on someone else’s life, liberty or property;` there must be a damaged party; no victim— no crime;` courts of Common law have merged with courts of equity in` most jurisdictions; Common law courts have been created` by the people in a few jurisdictions in the absence of Common` law remedies in the existing, “statutory” court system.

> EQUITY— system of jurisprudence based on providing an` exact remedy for every injury, in cases where the common` law would give inadequate redress; (e.g,. bankruptcy court);` compel performance on American or quasi-contracts; it has` no criminal penalty; contempt of court is the only criminal` action in an equity court.

> ADMIRALTY/MARITIME— body of law separate from` every other jurisprudence with jurisdiction over all actions` and breeched international contracts at sea or within the` jurisdiction of the legislative democracy of the federal` United States courts; has civil, statutory jurisdiction with` criminal penalties; the sovereign rights of the open sea` (where no nation has jurisdiction) has long been legal home` to sovereign Power structures (e.g., international banking` families); the law merchant and maritime are inseparable in` a country dependent upon sea commerce (e.g., England).

> MILITARY/MARTIAL LAW— similar to Admiralty /` Maritime except that it’s under the jurisdiction of the` military tribunal in a state of a national emergency; our` courts mirror both under the gold-fringed flag.

“The judicial Power shall extend to all Cases, in` [Common] Law and Equity, arising under this` Constitution, the [Common] Laws of the United` States,` and Treaties made, or which shall be made, under` their authority... to all Cases of admiralty and` maritime Jurisdiction...

to Controversies between two or` more States; between a State and Citizens of` another State; between Citizens of different States;` ... and between a State, or the Citizens thereof,` and foreign States, Citizens or Subjects.”

— Constitution for the usA [3:2:1]`

In approaching an officer of the court, either by appearance,` by special appearance to challenge jurisdiction or by` affidavit, identify the jurisdiction of the court and get it on` the record. The judges and officers of the court will hedge` when you ask, as they do not like to be boxed into a answer.

They will offer some story about it being “statutory,” which` is clearly not a constitutional jurisdiction.

> STATUTORY LAW— legislative, private, corporate, and` administrative procedures law of the municipal corporation` of the District of Columbia; no Common law concepts of` unalienable rights; not a constitutional jurisdiction, not a` signatory to the Constitution, subject to no law except it’s` own; subject to “trust territory” treaty law placed under the` administration of a country, renamed United States Inc., by` the United Nations and their foreign principals/creditors.

“Where the people fear the government you have` tyranny; where the government fears the people,` you have liberty.”

— Citizens Rule Book` Here’s some important rules of the game. You can be tried` only once in each jurisdiction (no double jeopardy). There` are two types of action that can be taken against an` individual: civil OR criminal.

Civil actions can be brought by or against U.S. citizens,` including sovereign “state” Citizens, a state republic OR a` federal, corporate State. If a state/State charges you with a` civil offense, it must go to federal court. The Constitution` provides for only Common Law and Admiralty/Maritime in` criminal actions.

The federal government doesn’t have the constitutional` authority to bring criminal charges against any Citizen in the` state republic. All criminal actions against any Citizen must` be brought by the state itself.

Federal statutes and criminal code only applies to federal` government employees and other “U.S. citizens” in their exclusive` legislative jurisdiction. Most of the people criminally` charged and convicted in federal prison were never in the` proper or lawful jurisdiction of the democracy. Understanding` sovereignty and the separation of powers is essential to` develop a winning strategy in the courts.

> CIVIL ACTION— to protect a private right or to compel a` civil remedy; no criminal penalties attached; concerned with` the rights and duties of persons with regard to contracts or` tort; has no fine; matters of form rather than substantive` law; Equity courts and jurisdiction; you have the burden of` proof in a civil matter; constitutional rights do not apply;` how much damage and what remedies will compensate for` the damage done?

> CRIMINAL ACTION— done with malicious intent with` a disposition to injure persons or property; traffic and tax` cases are defined as criminal cases (with fines); only` Common law and Admiralty deal with criminal cases; a` person charged with a crime is brought to trial and either` found not guilty or guilty and sentenced; requires an` indictment from a grand jury; a criminal conviction renders` a person legally incompetent; you are not a “criminal” unless` convicted.

Due Process and the Bill of Rights` There is little “due process of law” left in the Article 1,` administrative and legislative tribunals, mostly the Uniform` Commercial Code (UCC) rules and procedures apply, along` with the Administrative Procedures Act and judicial review` providing you appear and agree to be subjected to their` jurisdiction.

Very few legal processes satisfy the minimum due process` requirements and can be argued on that basis. Inadequate,` insufficient or unlawful process can be abated with a “Non-` Statutory Abatement.”

The UCC has been almost universally adopted by the` corporate States and many international jurisdictions as` well, although many of the new changes have yet to be` adopted.

“Where rights secured by the Constitution are` involved, there can be no rule making or` legislation which would abrogate them.”

— Miranda vs. Arizona, 384 US 436 p.491`

“Due process of law” is more than simply knowing what your` rights are as read to you by a government official when you` are under arrest (e.g., Miranda rights).

Due process embodies the principle that government may` not deprive an individual of life, liberty or property unless` certain rules and procedures required by “law” are followed.

In my experience in the courts, due process is violated` consistently at every level of the system, but more so at the` lower end.

The questions are what “law” is being applied, does it apply` to you, and whether or not the particular “court” has` jurisdiction over either the “subject matter” or over you.

The federal United States government and the court system` at all levels, in any jurisdiction, are operating under the` “presumption” that all Americans have accepted` government benefits, therefore are “subject” to the federal` United States government. Thus, follows the presumption,` every American is liable for the payment of government` debts.

The U.S. citizen “causes” a presumption of contract. Despite` the so-called “presumption of innocence” rule, the` defendant in these administrative courts are prima facie` guilty of being a “debtor” to the government. Contracting` with the government at any level compels us to perform` according to the terms of the contract.9` Since the federal United States government has no general` jurisdiction over sovereign “state” Citizens, they will attempt` to trick you into “volunteering” into federal jurisdiction` along with their civil and criminal code, and the Uniform` Commercial Code (UCC).

The unwritten law, is of course, the Common law, (the Law` non scripta) which is that system of law guaranteed to the` sovereign people by the due process clauses of the state and` federal constitutions.

“The adoption of the 14th (or 15th) Amendment` completed the circle of protection against violations` of the provisions of Magna Carta, which` guaranteed to the sovereign people their life,` liberty, and property against interference except by` the ‘Law of the Land,’ which phrase was coupled in` the petition of right with due process of law.

The latter phrase was then used for the first time,` but the two are generally treated as meaning the` same.

This security is provided as against the United` States by the 14th (or 15th) and 5th Amendments,` and against the States by the 14th (or 15th)` Amendment.”

— Davidson v New Orleans, 96 US 97.

As cited above, the meaning of the due process clause is that` the common law shall be the unalienable right of the` sovereign People, nor can it be removed from them by mere` statutes.

No new systems of law can be forced upon them. I have the` right to live under the protection of the Constitution; it is` your birthright.

To restore due process of law, you must learn to avoid many` jurisdictional traps. You cannot win in the administrative` tribunals on constitutional grounds once you have` “appeared” within their jurisdiction.

The Constitution has no application within a federal zone, or` in a court of Admiralty/Maritime codified as the Uniform` Commercial Code (UCC). The law of the land applies only` under the Common law.

“The right of the people to be secure in their` persons, houses, papers, and effects, against` unreasonable searches and seizures, shall not` be violated, and no warrants shall issue, but` upon probable cause, supported by oath or` affirmation, and particularly describing the` place to be searched, and the persons or things` to be seized.”

— 4th Amendment, Constitution for the usA`

Most Americans do not know what rights they have or how` to exercise them. Too often, We the People have been` trampled or penalized in our best efforts to secure these` rights by overzealous or power-hungry government officials` who often make choices to enforce specific laws against` certain people for various reasons at their own personal` discretion, not for the sake of justice or the true public` interest.

The rules of the game of “law” are changing so quickly, are` so complicated and inaccessible to the common people, that` most people haven’t a clue as to what the rules are.

Only the professional insiders (e.g. attorneys, judges,` prosecutors, public defenders, clerks etc.) in the so-called` criminal justice system know how the system actually works,` and even that is dubious assumption given their track` record.

These supposed public servants are not giving the people` responsible notice, nor instructing them about the rules of` the game. The law is often being used against the people,` often to extort funds for servicing the public debt at every` level of government (e.g., exorbitant traffic tickets or bails).

To have rights and exercise due process, you must know` what they are, then be able to defend those rights. Otherwise` you don’t have any! Once you know who you are, whether a` sovereign “state” Citizen or a U.S. citizen, you’ll have a` clearer set of options. In any court case, you have the right to` obtain a reasonable postponement so you can prepare your` defense, or preferably your offense.

You have the right to be informed of the charges against you.

You have the right of pre-trial discovery. You have the right` to call or subpoena witnesses to testify on your behalf.

Most Americans still believe in the myth of “civil rights” and` that all people are treated equally under the law in a` “democracy.” Nothing could be farther from the truth.

Specific classes and races of people are treated more harshly` under the hard glove of the law (as they’ve always been),` prejudiced and subject to exorbitant bails as preventive` detention, incarcerated without sufficient or probable cause,` railroaded through the justice system like so many cattle.

Institutionalized injustice and corruption of the criminal` justice system for the sake of the revenue-collection by local,` State and federal government must stop!`

5th Amendment Rights` The Fifth article of the Bill of Rights of the Constitution for` the united States provides: “No person shall be deprived of` life, liberty, or property without due process of law.”

A similar provision exists in all the State constitutions; the` phrases “due course of law,” and the "law of the land" are` sometimes used; but all three of these phrases have the` same meaning and that implies conformity with the ancient` and customary laws of the English people or laws indicated` by Parliament. 10` “No [real] person shall be held to answer for a` capital or otherwise infamous crime, unless` presentment or indictment of a Grand Jury,...;` nor shall any person be subject for the same` offense to be twice put in jeopardy of life or limb;` nor shall be compelled in any criminal case to be` a witness against himself;` nor be deprived of life, liberty, or property,` without due process of law;` nor shall private property be taken for public` use, without just compensation.”

— 5th Amendment, Constitution for the usA`

For example, if the IRS summons you to an audit, you have` the right not to show the IRS any of your books or records.

Demand your 4th Amendment rights, and do not volunteer` information under any form of intimidation.

Demand to see the enacting clauses and enforcing` regulations that give them any authority to tax your income.

If the IRS wants to pursue your case (and they probably` don’t), let them do some extra legwork. The Privacy` Protection Act provides for a $1,000 penalty for improper` search and seizure.12` “Only the rare taxpayer would be likely to know that` he could refuse to produce his records to IRS` agents.”

— U.S. vs. Dickerson, 413F2d 1111(CA7 1969)`

To prove tax evasion, or “willful failure to file,” the` government must first prove “willfulness.” The supreme Court ruled in 1992 that a taxpayer who sincerely believed` that federal income tax laws did not apply to him or her` could not be convicted of tax evasion, since tax laws required` “willful” conduct.

If you sincerely believe the law doesn’t apply to you, then` you cannot be guilty of any criminal “willfulness.”11 In 1977,` the IRS investigated 8391 cases, 3408 were recommended` for prosecution, 1636 were indicted by grand juries and 247` were convicted, and less than half of them spent time in a` federal prison.

You’re 400 times more likely to be killed in an automobile` each year than going to jail for willful failure to file a tax` return. 12` “The 5th Amendment is an old friend and a good` friend. It is one of the greatest landmarks in man’s` struggle to be free of tyranny, to be decent and` civilized.”

— supreme Court Justice William O. Douglas` Regarding your 5th Amendment rights, you cannot make` blanket objections.

You must answer each question individually, as they ask` them. Reply in your own words with, “I respectfully decline` to answer that question on the grounds of the 5th` Amendment.” You cannot be forced to testify against` yourself. As you don’t know what evidence will be incriminating,` “taking the 5th” is a sound defensive strategy.13` “Waivers of constitutional rights not only must` be voluntary, but must be knowingly intelligent` acts done with sufficient awareness of the relevant` circumstances and consequences.”

— Brady vs. U.S., 397 U.S. 742 at 748 (1970) 14`

The 6th, 7th and 8th Amendments also preserve essential due` process rights. Take them into heart and memory.

“In all criminal prosecutions, the accused shall` enjoy the right to a speedy and public trial, by an` impartial jury of the State and district wherein` the crime shall have been committed...,` and to be informed of the nature and cause of the` accusation; to be confronted with witnesses` against him; to have compulsory process for` obtaining witnesses in his favor and to have the` assistance of Counsel for his defence.”

— 6th Amendment, Constitutional for the usA`

“In suits at Common law, where the value in` controversy shall exceed twenty dollars (i.e., real` money, gold and silver coin of the realm, not` FRN’s), the right of trial by jury shall be` preserved, and no fact tried by a jury shall be` otherwise re-examined in any Court of the` United States, than according to the rules` of the Common law.

— 7th Amendment, Constitution for the usA` “Excessive bail shall not be required,` nor excessive fines imposed,` nor cruel and unusual punishment inflicted.”

— 8th Amendment, Constitution for the usA`

State & Federal Court Systems`

>SMALL CLAIMS COURT— formerly the Common law` court of Common Pleas or County court until that was` merged into the Equity/Admiralty jurisdiction; attorneys are` not qualified to practice in law actions; only the plaintiff and` the defendant appear before the judge.

> MUNICIPAL COURT— city court administers the law` within the various cities and has exclusive jurisdiction over` criminal matters only; administers the Municipal law of the` District of Columbia (State of New Columbia) under the` exclusive authority of Congress; authority, duties and` procedures of the Municipal Court are often vague and` confused in the State statutes; not a court of record where a` transcript is kept; appeal to D.C. Court of Appeals.

>SPECIALTY COURTS— courts specializing in particular` offenses; traffic, divorce, drugs, guns.

>COUNTY COURTS or “ONE” SUPREME COURTS— ` constitutional courts convened around the seat of “home` rule” county government to provide recourse and remedy` under the Common law (not available in the Article I,` legislative tribunals/units, U.C.C. commercial courts); basic` building block of a republican form of government duly` consummated; We the People retain full judicial powers` sworn under oath to serve on juries and grand juries; these` constitutional courts weren’t widely instituted under the` original Constitution, although the powers were implied` under Article III.

>COURT OF KING’S BENCH — in English law, the` supreme court of Common law in the kingdom or` queendom; merged in the Supreme Court by the Judicature` Act of 1873, §6.

>COURT OF COMMON PLEAS — most of these courts` have been abolished being transferred to district, circuit or` superior courts; Pennsylvania still begins all civil and` criminal actions in them.

>STATE DISTRICT COURT — lowest level of the` state/State court system; technically has jurisdiction over` the Municipal courts of the District of Columbia (if the states` weren’t bankrupt and the State courts hadn’t been` federalized);`

>STATE CIRCUIT COURT— one of several courts in a` given jurisdiction as part of a system of state/State courts` extending over one or more counties or districts; techni-cally` has jurisdiction over the state/State District courts.

>STATE SUPREME COURT— highest appellate court in` their respective states/States; has jurisdiction over the` Circuit and District courts; this is the one, Article III` supreme Court authorized by the state and federal` constitutions as a separate judicial branch (although with` the States being bankrupt, the State courts federalized, this` is an Article I court); all other courts in the state/State are` inferior legislative tribunals/units.

>U.S. FEDERAL DISTRICT COURT — corporate,` administrative, federal trial court (Article 1 or Article IV` courts); territorial jurisdiction over a state/State or part of` it; $10,000 minimum controversy to establish jurisdiction` (before the federal bankruptcy of 1933); lowest level of the` Federal court system; U.S. Magistrates administrate with` the authority of a park ranger.

>DISTRICT COURT OF THE U.S. — Common law,` Constitutional Article III capacity; district court of the united` states has original jurisdiction exclusive of courts in the` individual states over all offenses against the laws of the` united states of America; a court of general jurisdiction for` suits between litigants of different states with “diversity of` citizenship”; a court of original jurisdiction over cases and` controversies between Citizens of the United States, Citizens` of different states or between a Citizens of a state (“state” Citizens)` and an “alien” (e.g., a U.S. citizen);`

>U.S. COURT OF APPEALS — thirteen federal judicial` circuits; in those states with courts of appeals, they are` intermediate appellate review courts with the highest` appellate court being the state Supreme Court; has` jurisdiction over the U.S. Federal District courts.

>COURT OF APPEALS FOR THE DISTRICT OF` COLUMBIA — highest court of the corporate, federal` States from the local courts of the D.C. municipal` corporations.

>U.S. SUPREME COURT — highest appellate court in` most jurisdictions although in some states/States this is an` inferior court; in other states/States its the only legitimate` court in the state.

>U.S. BANKRUPTCY COURT— United States District` court with general jurisdiction over bankruptcy matters (28` U.S.C.A. §§151, 1334); created specifically to carry out the` Federal Bankruptcy Act; you can defeat the IRS in this Court` — the burden of proof is on them!`

>U.S. TAX COURT — an independent federal` administrative agency that hears appeals by taxpayers from` adverse administrative decisions by the IRS; suits may also` be considered in U.S. Federal District courts or a U.S. Court` of Claims.

>U.S. CLAIMS COURT — established in 1855; abolished` and created a new Court via the Federal Courts` Improvement Act of 1982; combined with the abolished U.S. Customs & Patent Appeals Courts; for suits specifically` against the U.S. government.

>U.S. CUSTOMS & PATENT APPEALS COURTS— ` reviews decisions of the customs court and reviews decisions` of the customs collectors.

>U.S. COURT OF INTERNATIONAL TRADE — U.S. Customs Court was established as Article III court in 1956,` superceded Court of International Trade in 1926;` jurisdiction over civil action against the United States` arising from federal laws governing import transactions.

>ADMIRALTY COURT — in rem proceedings from civil` law; Justice Act of 1970 established a new court as part of` the Queens Bench Division of the High Court; governed by` Supreme Court Act, 1981, §§4,5.

“The supreme Court is the only court created` by the Constitution itself;` All other courts are to be created` by legislative (statutory) acts.”

— State ex rel Madden VS. Crawford, 207 Or 82`

Federal Law and United States Code` Federal law protects only its subjects (i.e., U.S. Citizens) and` foreigners (i.e., aliens). Complaints or allegations filed in` federal court are presumed true until trial. U.S. District` courts are for federal U.S. citizens.

U.S. citizens are “resident aliens” of the federal United` States. In the 48 sovereign state republics, U.S. citizens are` foreigners. An “alien” is defined as one who is not a citizen of` the country in which he lives.

The individual states delegated specific powers to the federal` United States including the authority to interface with other` sovereign nations on behalf of the sovereign people, deliver` mail, raise and train a national army in times of need,` maintain a navy, and coin money for profit.

“Poor people have access to the courts in the` same` sense that Christians had access to the lions.”

— Judge Earl Johnson Jr.

Originally, there were only 3 federal laws. Today, there are` over 3,000. The federal United States government has far` exceeded its original authority.

“Congress passed almost 2,500 new “laws” in 1992... There` were 67,715 pages of new regulations written and published` in the Federal Register in 1992, and that suffices as legal` public notice of the new laws and regulations... Each U.S. citizen is considered responsible to know, understand, and` abide by these new laws and regulations. Ignorance of the` [Common] law in America is no excuse.”

These reams of “statutory” laws have become so complex` and oppressive that even teams of top-notch professional` Attorneys cannot keep track of every statute, its` applicability, and its consequences.

The U.S. Congress primarily makes laws that pertain to the` federal “United States” and its subjects. But it also makes` laws for the “united states of America” which have general` applicability.

These are called “positive” law. Positive law is actually and` specifically enacted or adopted by proper authority for the` government of an organized “jural society” or state.

There are 50 Titles of United States Code (U.S.C.), some of` which have been enacted as “positive law”— the irrefutable` law of the united states of America. This law has survived` the test of time.

Positive Law` Many of the titles of the United States Code (U.S.C.) are` “non-positive law” which are still pending enactment as` “positive law,” (e.g., Title 26, Internal Revenue Code). Only` positive law applies to sovereign “state” Citizens of the` several states, while non-positive law does not. Only 21 of` the titles of the U.S.C. contain positive law and they are` indicated in the Code. Positive law must also be published in` the Federal Register.

If a statute is not published in the Federal Register it` indicates that the statute has limited applicability. Nonpositive` laws are contracts, applicable only to those who` have voluntarily entered into the jurisdiction or the contract` (e.g., U.S. citizens, or signing a 1040 form).

Rules become law when you agree to obey them. Nonpositive,` private corporate law is presumed applicable unless` you challenge jurisdiction and venue as a sovereign “state”  Citizen. As a U.S. citizen of the District of Columbia, you are` subject to the letter of all the laws and statutes, including the` non-positive law.16` “...Provided, however that whenever titles of such` [United States] Code shall have been enacted into` positive law` the text thereof shall be legal evidence of the laws` therein contained, in all the courts of the [federal]` United States,` the several states, and the territories and insular` possessions` of the [federal] United States [within the 48 states].”

— 1 U.S.C., Section 204(a)`

Limits of Federal and Federal State` Jurisdiction`

Editor’s Note: Dan Meador has argued this juris-dictional` argument on several occasions. Herein lies some history` and what's possible once we bring this issue into the light of` day. Sooner or later the government won't be able to` ignore the obvious fraud they've been perpetuating on the` American people for generations. Thank you Dan for your` incredible research.

"In the American system, the people are sovereign. All` government operates on the premise of delegated authority,` with the people retaining all the rights and powers not` specifically delegated. In this system, only peers can charge` and ultimately convict a fellow sovereign. Government does` not legitimately have independent power and authority to` charge or prosecute the sovereign except during times of war` and substantial emergency." This has been the case since the` bankruptcy and emergency war powers acts of 1933.

A. Drew Edmondson, Attorney General for Oklahoma` responded to Meador's Memorandum of Law by arguing` lack of jurisdiction for the Oklahoma supreme Court, the` absence of an actionable controversy, and presumption in` support of carte blanche legislative authority.

The dual character of the state; the de jure state republic and` the de facto federal State, and the multiple characters of the` United States — particularly Congress' role as government` for the state republics within the constitutional framework,` and as government for the self-interested geographical United` States — was not challenged or refuted.

The operational link between the geographical United States` and the de facto federal State was not disputed. And finally,` the unconstitutional character of Civil Law facilitated by` State and United States code was not challenged.

The Attorney General did not dispute that the Constitution` for the united states of America mandates gold and silver` coin as legal tender for payment of debt.

Nor did he dispute that the10th Amendment and the` “Separation of Powers Doctrine” prohibit the state republics` from acquiescing to federal authority, thereby functioning as` federal States, without constitutional amendment which` specifically delegates authority to the United States which is` not already articulated in the Constitution (New York v. United States, et all, 1992).

Title 31, United States Code.

Federal agencies are eligible for participation defined at 5` USC §§102 & 105. Legitimate federal States can participate,` but the state republics are excluded. This limits the legal` operating sphere for United States-chartered financial` institutions to the District of Columbia and United States` territories, insular possessions and federal enclaves such as` military bases. State republics participate in the scam, but as` de facto (i.e., unlawful) federal States, not as state republics` party to the Constitution for the united states of America.

Numerous blocks of cooperative federalism was instituted` during the Roosevelt Administration, including the Buck Act` (4 USC §§101 - 107) which authorizes federal States to enter` into compacts and other joint enterprise.

Freemen/women and sovereign “state” Citizens have` insisted on their right to protection under Common law.

They have also invoked 11th Amendment separation of` powers between the “state” (the sovereign is the “state” in` fact) and federal jurisdiction and authority. These are well` established principles in law.

Many people, including the Freemen, have challenged the` authority of the federal government or the FBI to operate` within any of the states of the Union (U.S. vs. Lopez, 63` U.S.L.W. 4343 (April 25, 1995); New York vs. Mihl, 36 U.S. (11 Pet.) 102 (1837); People vs. Godfrey, 17 Johns, 225 (N.Y. 1819).

The U.S. supreme Court held that Congress could exercise` no police powers within the states. This would apply to the` FBI also, as it is a creation of Congress (Keller vs. United` States, 213 J.D. 138, 20 S. Cr. 470 (1909).

The FBI, in order to deal with any issue in good faith would` have to present a delegation of authority signed by the President` (California Bankers Association vs. Shultz, 416 U.S. 21).

Treasury Decision 95-A specifically states that any agency that purports to represent the United States has to have such` a certified delegation of authority, or they don't have it.

This would also be relevant for IRS actions in the states, as` the IRS is not part of the federal government as most people` believe, nor do they have any delegation of authority.

Under the UCC and most state statutes, all “persons,” including` government agencies, transacting business in a` state, shall execute and file with the secretary of state, an application` for registration of the assumed business name.

Failure to do so bars that person from maintaining any suit` or action in any of the courts of the state under that name.

Since the FBI refused to present any such authority, why` would any Citizen, including the Freemen, benefit from negotiating` with an agency that had no authority?

The law provides important protections for people who are` pending extradition (e.g., the Freemen). A grand jury is a` rare event in Montana; the state constitution provides that` only a district judge can convene one.

28 USC §1359 dictates the fact that a district court shall NOT` have jurisdiction of a civil action concerning foreign bills of` exchange. The federal court cannot gain jurisdiction under` “diversity of citizenship.” 17` To date, the Montana Freemen have not been properly or` lawfully “indicted,” nor convicted, as they did not grant jurisdiction` to the federal government.

They remain political prisoners in a system that no longer` honors or respects the law or the separation of powers. How` do we make our government accountable to the law?

Federal Jurisdiction Limited By Supreme Court` Ruling`

Alphonso Lopez was convicted in Texas for carrying a gun to` school in March, 1992. Prior to the ABA’s monopoly over the` courts and the rise of federal power, defendants charged in` criminal cases pursuant to federal law alleged to have` occurred with the state were dismissed upon motion or` appeal. Chief Justice John Marshall made clear the` Constitution prohibited the federal government from` assuming any police power within a state.

On April 26, 1995, Chief Justice Rehnquist writes the overall` opinion of the Court's findings:` “The Act [a federal criminal statute intended to be` enforced within a state] exceeds Congress’` Commerce clause authority.

To uphold the government's contention` [that it can bring criminal charges for a crime` alleged to have been committed within a State]` would require this Court to pile inference upon` inference in a manner that would bid fair to` convert congressional Commerce authority` to a general police power of the sort` held only by the States.”

Supreme Court Reporter, 55 CCH S.Ct., Bull` This could be the precedent for the release of thousands of` federal prisoners convicted under federal law in criminal` matters because they were unconstitutionally convicted.18`

Defeating Bogus Presumptions` STRATEGY: Defeat the underlying presumptions described` as constructive trusts (operates as a logical syllogism).

Major Premise` All human beings are persons.

Minor Premise` Dan is a human being.

Conclusion` If both A & B are true, then Dan is a person.

Bogus presumptions include:`

1. The states are federal States rather than independent` state republics party to the Constitution.

2. Those subjected to statutory Civil Law are citizens or` residents of the geographical United States.

For example, the presumption that Congress has` unrestricted legislative jurisdiction within the` geographical United States. Rather than being state` republics party to the Constitution, the states are` presumed to be federal States.

Therefore, Congress presumes to have unrestricted` legislative authority throughout the American empire,` inclusive of what should be independent state republics` subject only to constitutionally delegated authorities.

3. A third contributing element is the presumption that` the American people in general are “citizens of the` United States” as prescribed in section 1 of the 14th` Amendment. Until 1868, when Congress adopted this` amendment, which was never properly ratified, there` was no such thing as a “citizen of the United States.”

The de jure people were Citizens of their respective` state republics as principals rather than subjects.

4. “Person” has become a poorly defined term, limited to` specific applications of the law.

For example, the Oregon Revised Statutes has over 150` different definitions of the word “person.” Are you a` “person” required? You better well know before` arguing whether or not you're required to obey a` particular statute.19`

Sovereignty and Separation of Powers`

In the American system, the people are sovereign. All` government operates on the premise of delegated authority,` with the people retaining all rights and powers not` specifically delegated. In this system, only a jury of peers can` charge, indict and ultimately convict a fellow sovereign.

Government does not legitimately have independent power` and authority to charge or prosecute the sovereign except` during times of war and substantial emergency.

Federal and state constitutions reaffirm the people are the` ultimate political power in the united states of America.

Why? Because all laws and governments were created from` the authority of the sovereign.

Look at the state constitutions, and you’ll see that the people` are the ultimate political power. In Oregon, the Bill of Rights` was the first Article.

“We declare that all men, when they form a social` compact are equal in right: that all power is` inherent to the people, and all free governments` are founded on their authority, and instituted for` their peace, safety and happiness; and they have` at all times a right to alter, reform, or abolish the` government in such a manner as they may think` proper.

— Article 1, Section 1, Oregon Constitution`

Every sovereign American National OR “state” Citizen is` his/her own King/Queen, ruling not over others, but over` him/herself. We the People retain our judicial powers and` are in fact, and in law, justices of “Our One Supreme Court.”

> QUO WARRANTO — by whose authority?

The fourth branch of “government” in this republic is We the` People with full judicial capacity and sovereign powers. We` the People assembled under Common law right are the` judge, the jury and the executioner if need be. I assert, the` court system was never intended to be an institution` separate from the people, worse intended to be a court` system used against the people.

Look at the state constitutions, and you’ll see that the people` are the ultimate political power. There is no superior power` to the sovereign.

"The people of this state do not yield their` Sovereignty to the agencies which serve them.”

— California Government Code,` §54950, Declaration, Intent; sovereignty`

By not waiving Common law venue, not accepting a nom de` guerre (i.e., war name under emergency and war powers` acts) or 14th Amendment slave name, not admitting to being` a defendant, not accepting a court-appointed attorney,` insisting on Common law and trial with jury, and invoking` the “11th Amendment” of the Constitution, the separation of` powers between the state and the federal is mandated by the` Federal Rules of Civil Procedure (FRCP).

The federal government or federal State cannot bring a` criminal action against a Citizen — only a grand jury of, by` and for the people can.

11th Amendment Precludes Jurisdiction of the` United States Courts Within the States` FRCP, Rule 54 defines “Act of Congress” as being specifically` applicable only to the District of Columbia and within other` United States territorial jurisdiction.

Aside from everything else, the 11th Amendment precludes` jurisdiction of United States courts within the states. Within` the framework of the “Foreign Sovereign Immuni-ties Act of` 1976,” the de jure people, Citizens of the state republics, are` states in fact where the geographical United States is` concerned.

“Citizens” Of State Republics = “States” In Fact` The courts must offer due process, and protect` constitutional rights under the “7th Amendment.” We the` People have a choice of venues (i.e., Common law or` corporate).

“The Judicial power of the [federal] United States` shall not be construed to extend to any suite in law` or equity, commenced or prosecuted against one` of the United States by citizens of another state,` or by citizens or subjects of any foreign state.

— 11th Amendment 20`

We the People have the choice of applicable territorial law.

Law in the law books is presumed correct. Do not waive your` Common law venue! Acceptance of an attorney to` “represent” you vs. “presenting” yourself is a lienable event` and must be avoided at all costs. To execute this requires` scripting and coaching by someone experienced in these` matters. It’s easy to get tripped up and stumble into their` jurisdiction.

§1-105 Territorial Application of the Act; Parties Power to` Choose Applicable Law (1) Except as provided hereafter in` this section, when a transaction bears a reasonable relation` to this state and also to another state or nation the parties` may agree that the law either of this state or of such other` state or nation shall govern their rights and duties. Failing` such agreement this Act applies to transactions bearing an` appropriate relation to this state.

Venue and Jurisdiction` Always and clearly “Reserve all your Rights” under the` Common law pursuant to UCC 1-207 in your “Refusal for` Cause, Without Dishonor.” Unalienable sovereign rights are` guaranteed by both the state and federal constitutions, the` organic law of the land, although these courts are reluctant` to admit it.

If the court proceeds in a cause of action against you under` the Common law without proper and lawful jurisdiction,` then the judge has lost his/her official immunity, and can be` personally sued for violations of your rights under color of` law.

You have the right to know the nature and cause of the` action. You can challenge the jurisdiction of the court. One` way to illustrate a simple challenge of jurisdiction is through` a “Special or Limited Appearance.”

Here’s a sample jurisdictional argument as it relates to a` Municipal court. Let’s pretend for a moment, that there isn’t` any monkey business going on in the courts, and it’s` operating as it should. That’s a stretch of the imagination,` but here goes the monologue.

Sample Jurisdictional Argument: Municipal Court` “The 6th Amendment of the Constitution requires a court` and its employees to inform me of the “nature” and “cause”  of any action against me so that I can properly defend` myself. Since the Municipal court only has criminal` jurisdiction, and has no subject matter jurisdiction to hear` civil matters, I must presume this is a criminal action.”

“There are two distinct criminal jurisdictions authorized by` the Constitution: (a) criminal action under a Common law` jurisdiction; (b) a contract violation under the criminal` aspects of an Admiralty/Maritime jurisdiction.

As the court must well know there are distinctly different` defenses for a criminal action under a Common law` jurisdiction or an Admiralty/Maritime jurisdiction. I must` know what jurisdiction and venue the court is operating` under to properly defend yourself.”

“Where jurisdiction is challenged, it must be` proven.”

— Hagans vs. Lavine 415 US 528 at 533` “No sanction can be imposed absent proof of` jurisdiction.”

— Standard vs. Olson 74 S.Ct 768` “If any tribunal [court] finds absence of proof of` jurisdiction over person and subject matter, the` case must be dismissed.”

— Louisville RR vs. Motley, 211 US 149, 29 S.Ct.42`

> JURISDICTION— the authority by which courts and` judicial officers take cognizance of and decide cases; the` legal right by which judges exercise their authority;` GENERAL, ORIGINAL, SPECIAL; inherent power to decide` a case.

> VENUE— the neighborhood, place or county in which an` injury is declared to have been done; place where an action` is brought to trial. (e.g., The Internal Re-VENUE Service` must, by law, bring you into their VENUE, their place to` impose an assessment and collect a tax.)` So let the judge or officer of the court answer your questions.

They’ll give you some goobledygook and assert that the court` is under “statutory” jurisdiction. In some cases, the judge` has actually admitted being under Admiralty or Military` jurisdiction and pointed out the gold-fringed flag to prove it.

They are getting bolder with the truth. Point out, there is no` such jurisdiction as a “statutory” jurisdiction authorized by` any state or federal constitution.

If they are practicing law in a “statutory” jurisdiction,` challenge the court to produce the book containing the Rules` of Criminal Procedure for a statutory jurisdiction.

If they cannot, then conclude that they are conducting a` criminal action under a secret jurisdiction known only to` licensed attorneys. Challenge the court to produce any evidence` which would give them the authority to proceed in` either criminal jurisdiction authorized by the Constitution.

Admiralty / Maritime Or Statutory Or Military /` Martial Law???

If the judge admits to a COMMON LAW jurisdiction, which` is doubtful since the federal United States has been` perpetually bankrupt since 1933, then they must, as would` say, “produce an injured or damaged party as evidence` (corpus delecti).”

If they cannot produce an injured or damaged party, then` this case must be dismissed for lack of jurisdiction, since` without an injured or damaged party there can be no cause` of action under the Common law.

If the judge admits an EQUITY jurisdiction, demand to have` the plaintiff produce the American or domestic contract or` quasi-contract that, as you would say, “compels performance` with my signature and authorization on it.”

If they cannot produce any such contract, then this case` must be dismissed for lack of jurisdiction, since there can be` no cause of action without a private contract in force.

If the judge admits an ADMIRALTY/MARITIME jurisdiction,` as the gold-fringed flag in the court indicates, have the` plaintiff, as you would say, “produce the original, valid, international` contract in dispute with my signature on it.”

If such a contract exists, the validity of the international` contract must be settled before the trial on issues may begin.

If they cannot produce such a contract, then this case must` be dismissed for lack of jurisdiction.

There is no in personam (personal) jurisdiction in any` Admiralty/Maritime proceeding, only in rem (property).

Here’s your final statement.

Statement Challenging Jurisdiction` “I have demonstrated with a preponderance of the evidence` regarding the jurisdictional issues, whether argued in` personam, in subject matter, Common law or Admiralty,` that the court has never had any jurisdiction over the` defendant, nor can any ever exist with regards to a` sovereign, ‘state’ Citizen.

The “guilty by default” on the original citation is void ab` initio, because of the lack of both in personam jurisdiction,` and lack of subject matter jurisdiction. It follows, therefore,` that the contempt of court charge is also void ab initio.

This case should be dismissed and the previous convictions` stricken from the records. All future actions against the` defendant are estoppeled.

You are hereby instructed to enter this “Limited or Special` Appearance” in the official court records. I rest my` jurisdictional arguments.”

FRCP Rule 12(b) Defenses and Objections (b)“...the` following defenses may at the option of the pleader be made` by motion:` 1. lack of jurisdiction over the subject matter` 2. lack of jurisdiction over the person ...A motion` making any of these defenses shall be made before` pleading... (h)(3) Whenever it appears by suggestion` of the parties or otherwise that the court lacks` jurisdiction of the subject matter, the court shall` dismiss the action.”

 “The law requires proof of jurisdiction to appear` on the record of the administrative agency` and all administrative proceedings.”

— Hagans vs. Lavine, 415 U.S. 533` “Therefore, it is necessary that the record present` the fact establishing the jurisdiction of the tribunal.”

— Lowe vs. Alexander 15C 296; People vs. Board` of Delegates of S.F. Fire Dept. 14 C 479`

Common Law`

The united states of America is a COMMON LAW country,` despite the fact that very few lawyers or attorneys study the` Common law of England, which is the basis for the state` constitutions of thirty-eight (38) states, including California,` Washington, and Oregon, and most of the Commonwealth` countries England or France had colonized.

Common law was not embodied in a specific text or defined` code (except in the California Codes of 1872). Rather, it` evolved case after case in court decisions which applied the` doctrine of precedent or stare decisis.

Other features of the Common law include due process of` law, juries and the rule of law. Louisiana is an exception` having based it’s state constitution on the Common law of` France, not England.

The other great system of law in the Western world, besides` the “Canon law,” was the “Civil law” which was derived from` the laws of the Roman Empire. Civil law is the basis for the` EQUITY courts in which the judge rules.

Attorneys make their living practicing the expedient and` highly profitable “statutory,” or commercial law, even` though they practice law in jurisdictions where the Common` law is still the basis of state law.

Before the undeclared federal bankruptcies (1930, 1933,` 1938, 1944, 1968, 1993) eventually dismantled the` substantive Common law, and replaced it with “colorable,”

commercial, Negotiable Instruments law, their international` Law Merchant, and the Uniform Commercial Code (UCC),` We the People had access to effective, low-cost remedies and` conflict resolution in the Courts of Common Pleas, and the` Article III, constitutional Common law courts. We must` restore these Common law courts to provide recourse and` remedy these days.21` “Common Law...was adopted as part of organic` law of Oregon when state was admitted into` Union.”

— U.S.F. & G. Co. vs. Bramwell, 108 Or. 261, 217` P. 332, 32 A.L.R. 829`

> COURT OF (COMMON) LAW— tribunal with` jurisdiction over cases in law which are no longer` distinguished from the courts of equity or admiralty; law` does not compel performance.

In theory, the Small Claims court is still a Common law` court and will not allow an attorney to present him/herself` before it. According to the Common law, it’s you against` your claimant, and the judge will make a decision based on` the facts, not on the performance of a professional orator.

In theory, the clerk of the County Recorder’s office is still the` seat of the constitutional Common law court that prevailed` in this country for many years before the judges were` removed and replaced with the administrative tribunals that` now operate under the Uniform Commercial Code (UCC).

“The Constitution is to be interpreted` according to Common law rules.”

— Schick vs. U.S., 195 US 65, 24 Sup Ct. 826, 49L.Ed. 99`

Very few people realize that they have a fundamental choice.

We the People can live our lives, conduct our business, and` resolve disputes under the Common law, or we can submit` to “colorable,” commercial law.

There is no crime or cause for action under the Common law` unless there is a loss of life, liberty, or property. So long as` the Constitution is still the law of the land, so is the` Common law. Disrespect for the Common law indicates` disrespect for the Constitution and the laws preceding it.

The Constitution is a Common law contract between the` sovereign states and its federal government and must be` interpreted as such.

“...a statute will not be construed so as to overrule` a principle of established Common law, unless it` is made plain by the act that such a change in` the established law is intended.”

— Starkey Construction Inc., vs. Elcon, Inc., 248` Ark 958, 978A, 457 SW2d 509, 7U.C.C.RS 923` “A statute should be construed in harmony with` the Common law unless there is a clear legislative` intent to abrogate the Common law.”

— United Bank vs. Mesa Nelson Co., 121 Ariz 438,` 590 P2d 1384, 25 U.C.C.RS 1113` “The Constitution is to be construed with respect` to the law existing at the time of its adoption and` as securing to the individual citizen the rights` inherited by him under English law, and` not with reference to new guarantees.”

— Mattox vs. U.S., 156 U.S .237, 15 Sup Ct. 337,` 39 L. Ed. 409`

“It [U.S .Constitution] must be interpreted in the` light of Common law, the principles and history` of which were familiarly known to the framers of` the Constitution.

The language of the Constitution could not be` understood without reference to the Common law.”

— U.S . vs.Wong Kim, Ark.,` 169 US 649, 18 S. Ct. 456`

Invoking Common Law Venue`

The Common law is the highest law of the land. It has never` been abolished and is in effect today. An Article III, Section I` (Constitution for the united states of America)` Constitutional court is a superior court over all statutory,` legislatively created Article I courts.

An Article III court is a Common law court, also referred to` as “Our One Supreme Court,” is preserved under the 7th` Amendment and FRCP 38(a). Judicial authority for the` supreme Court is authorized under national supreme Court` rules “other jurisdiction” in 28 USC, Rule 17.1.

The supreme Court can co-exist in the District Court of the` United States. The common law court movement in the` united states of America is a lawful and constitutional` extension of the supreme Court system to every county and` locale in the usA.

The judicial branch of government is vested in the sovereign` American people, not in the administrative courts` administering a U.S. bankruptcy.

Instead administrative tribunals are attempting to run their` secret “star chambers,” routinely denying due process to` defendants and plaintiffs in an effort to cover up the truth` about the bankruptcy of the United States corporation.

Additional proof of the validity of these claims are evident in` current (1995) revisions to Title 28. There are significant` revisions to Title 28 of the USC (1995 edition) which` indicate major strides toward the return of power to the` people.

In Title 28, the statement (1989 edition) that the supreme` Court “sits at the pleasure of the President [as approved by` Congress], now reads that the supreme Court “sits at the` pleasure of the people.” Title 28 now provides a fund of $1` million to pay the salaries of Common law justices, and for` the means to replenish that fund. 22` On July 17th, 1996, the first “King's Bench” to be seated in` the U.S. federal court since President Lincoln declared` martial law in 1861 was convened in the case of the Freemen` of Justus Township.

The King’s bench is the supreme court of Common law in` England. Schweitzer and the freemen have not waived their` Common law venue, thus the federal court was procedurally` required to provide one. 23` See the transcripts from the federal court proceeding in` Billings, Montana on July 17th, 1996, where federal Judge` James M. Burns recognized Chief Justice Leroy Michael,` which is Schweitzer's Christian name, in a Common law` extradition preceding.

Schweitzer was not only recognized as a sovereign, but` leading the extradition proceeding–leading the purported` "defendants" from the corporate, statutory side (i.e. U.S. District Court) of the court to the Common law side (district` court of the united states) of the federal court.

How can We the People, the courts, the judges, the` attorneys, the politicians continue to deny the truth?

This is not just an opinion, not a belief, not a conspiracy` theory, but a basis in irrefutable law that the people of` America are indeed sovereign.

Chief Justice Leroy Michael (i.e., Schweitzer) is moving to` quash the indictments acting with the authority of the chief` Justice of the supreme Court, known at the Court of` International Trade in the USC.

Judicial Authority:` Article III judicial power, national constitution supreme` Court rules “other jurisdiction” in 28 USC, §§17.1, 17.6, 17.7,19.2,` 19.3, 20.1, 20.2, 20.3, 20.6, 22.1, 22.2, 22.3, 22.5, 22.6, 23.1, 23.2,` 23.3, 23.4, 26.7, 29.2, 29.5, 36.1, 36.2, 36.3, 36.4, 37.1, 37.3, 38.1, 39.2,` 39.3, 39.4, 39.5, 39.7, 41, 47.

Related United States Code Title 28:`

Chapter 97 - Where applicable;

Chapter 95 - Exclusive` jurisdiction;

Chapter 15 Quoad hoc committee;

Chapter 23` “Early Implementation District Courts;” Section 503 - Attorney` General, civil action §2284; Section 2284 Congressional` Mandate - three justice panel; Section 604 [a][2][3][6][24][d]` [3][c]; Section 604 [c][f] - publish in Federal Register; Section` 1784 - [a][b][c][d] - $100,000 contempt;`

Supplemental United States Codes:` 18 USC §§§§§5, 7,11,112, 3505, 3506; 28 USC §136 [a][3][A] Seven year term, §138 -` No formal terms, §137 Division of business, §141 - Special` sessions, places, §144 -Bias;

Chapter 11 -Court of` International Trade §255;

Chapter 13 - Other Courts §291- in` the public interest; §§293, 294 [a] voluntary service; §331 -` Original, exclusive jurisdiction in the several States; 28 USC` §49 - Creates our division of the courts; §286 Appointments` are Common law, not statutory; §332 - Public notice by our` judicial council; §333 - Court of quarter sessions - Common` law; §335 - Consular Courts - exclusive jurisdiction; §372` Bias of corporation commissioners; §373 [c][9][A] -` Subpoena power, quo warranto; §374 - Venue at Common` law;`

Chapter 21 - General Provisions Courts:` §452 - Our Courts - always open; §453 Common law oath;` §455 - See Federal Form 61, Dual Oath; §462 - Our Courts in` Common law venue; §519 Independent prosecutors; §528 -` Conflict of interest - U.S. Attorney Generals; §593 Duties of` division of the Court; §594 - Special investigation - foreign` country; §604 - Duties of Chief Justice; §612 - Special Fund -` Treasury fees taxed as costs.

Chapter 42 -Recognition of our division of the` Courts;

Chapter 43 -Common law special` appointments` §671 - Supreme Court clerk & Reporter, paid by fees taxed as` costs;

Chapter 49 - Common law appointments; §1251- Original Exclusive jurisdiction; §1253 – Direct appeals to King’s` Bench, full bench; §1254 - “Certified question,” constitutional` question; §1257 Common law review; §§§1330,1331,1332 -` Division diversity; §1406 - Cure of Venue - division of Courts;` §1631 - Transfer to Common law venue; §1691 - Our One` supreme court seal; §1738 - Full faith and credit clause; §1740 -` Country of Montana Consular Courts docket; §1743 Demand on` Postmaster, GAO; §1746 Two separate jurisdictions;`

Chapter 117 - Letter Rogatory - full faith and credit;`

Chapter 121 - Jurymen of peers, venue;

Chapter 123,

Chapter` 40 Magna Charta;

Chapter 125 - Common law warrant of` attachment;

Chapter 129 Special deposit Rule 67.1 - peace bond` special supreme Court rules, oral testimony; §2243 - Three day` return on a habeas corpus.24`

The Great Writs` A “Writ” is a written judicial order to perform a specified act` or giving authority to have it done, as in a “Writ of` Mandamus,” ‘Writ of Certioriari,” or as in an original writ` for instituting an action at Common law.

A “Writ” is a written court order or judicial process directing` that a sheriff or other judicial officer do what is commanded` to do. The “All Writs Act” permitted federal appellate courts` to issue all writs necessary or appropriate in the aid of their` respective jurisdictions.25`

> WRIT OF CERTIORARI - An order by the appellate` court which is used by that court when it has discretion on` whether or not to hear an appeal from a lower court. If the` writ is denied the court refuses to hear the appeal, and in` effect, the judgment below stands unchanged.

> WRIT OF ERROR - A writ issued from a court of` appellate jurisdiction, directed to the judge(s), requiring` them to remit to the appellate court the record of an action` before them in which a final judgment has been entered, in` order that examination may be made of certain errors` alleged to have been committed.

> WRIT OF MANDAMUS - A writ issued from a court of` superior jurisdiction, directed to a private or municipal` corporation, or to an executive, administrative or judicial` officer, or to an inferior court, commanding the performance` of a specific act belonging to his, her or their public, official` or ministerial duties, or directing the restoration of the` complainant to rights or privileges of which he/she has been` illegally deprived.26`

> QUO WARRANTO - A writ of right for the King or` Queen, against him who claimed or usurped any office,` franchise, or liberty, to inquire by what authority he` supported his/her claim, in order to determine the right. It` is a Common law writ designed to test whether a person` exercising power is legally entitled to do so. 27` “The supreme authority in the united states of` America is the individual sovereign Citizen.”

— Michael Louis Minns 27`

Underground Lawyers`

One of the best all around law-related books I’ve read is` Underground Lawyer by Michael Louis Minns, Attorney.

Here’s an honest lawyer who has not compromised his` principles after 25 years of law practice.

This book is full of practical wisdom for the do-it-yourselfer,` pro se litigant, concerned citizen, legal assistant or` underground lawyer.

He’s one of the first mainstream attorneys that I’ve seen` acknowledge the American Citizen as a sovereign, while` revealing how the legal system actually works, for better or` for worse.

There are good and bad judges, good lawyers and bad` lawyers, and you never know the true landscape of a case` until you show up in court.

“An attorney straight out of law school will do` $500 worth of work for $5. An attorney after a` lifetime of practice does $5 worth of work for $500.

There is some merit to this claim.”

— Michael Louis Minns, Attorney 28`

He suggests that Americans must challenge the government,` and reclaim our own authority under the laws of the united` states of America .

Members of a jury can stand up to the judges and other` jurors who refuse to allow you to exercise your` constitutional rights to judge both the facts and the law.

Patriotic citizens, like our tax protesting forefathers,` opposing federal income taxes should be supported not` branded as criminals.

He also comments on: how the Internal Revenue Service` (IRS) operates like the American Gestapo, how divorce` lawyers practice disorganized crime, how the American Bar` Association persecutes laypersons for the “unauthorized` practice of law,” what the role of legal assistants in a law` office should be, the difference between criminal and civil` cases, judicial and election reform, the American jury` system, the insurance con game, and the banking scam.

He suggests that Americans should campaign for stronger` privacy protections, study and simplify the law, and break` up legal monopolies. He makes several references to the` Citizen as the sovereign. Coming from an attorney this is` music to our ears.

Another excellent and well-known lawyer/attorney is Gerry` Spence, noted trial lawyer. He has never lost a criminal trial` and his most notable cases include Karen Silkwood and` Randy Weaver, number in the hundreds. Here’s an excerpt` from his recent book.

The Laws of Arguing` \

1. Everyone is capable of making the winning argument.

2. Winning is getting what you want, which also means` helping “others” get what they want.

3. Learn that words are a weapon, and can be used` hostilely in combat.

4. Know that there is always a “biological advantage” of` delivering the TRUTH.

5. Assault is not argument.

6. Use fear as an ally in public speaking or in argument.

Learn to convert its energy.

7. Let emotions show and don’t discourage passion.

8. Don’t be blinded by brilliance.

9. Learn to speak with the body. The body sometimes` speaks more powerfully than words.

10. Know that the enemy is not the person with whom we` are engaged in a failing argument, but the vision within` ourselves.29`

Constitutional Common Law Courts` Ediitor’s Note: Creating a network of Common law courts` in every county and state is a necessary component of` restoring a constitutional republic in the united states of` America and around the world. Would you rather put your` destiny in the hands of a jury of your peers, or a corrupt,` corporate government?

We the People must organize and convene “constitutional` Common law courts” in every county of every sovereign` “state” republic as the foundation for the restoration of our` sovereignty. Therein We the People can reinstate remedy` and recourse under Article III of the Constitution, and` reclaim our judicial power independent of corporate` government.

Our sovereign rights have been trampled. Judges and` attorneys are foreigners having accepted Titles of Nobility` and special compensations, our petitions have been ignored,` the writ of Habeas Corpus and the Constitution suspended` through perpetual states of national emergency under the` War Powers Acts.

We the People have been charged with victimless crimes,` imprisoned after conviction with no indictment by a grand` jury, and denied the rights to a fully-informed jury trial that` judges both the facts and the law. We are compelled into` contracts, forced by law to obtain insurance, licenses, and` converted into criminals for exercising our unalienable and` constitutionally protected rights. The constitutional` Common law courts duly organized as lawful process are` remedy and recourse against de facto government.

Constitutional Common law courts have their own seal,` notaries, bailiff, marshals and a Bureau of Records &` Conveyances. Petitions are voluntarily brought before the` Common law court, then writs and judgments issued to the` inferior State and federal Article 1 courts.

Constitutional Common law courts are courts of original` jurisdiction and the highest courts in the land. You can bring` your entire case before the Common law court if you’ve been` damaged or a crime committed against you. 31` Forty-two states are presently reconstituting Common law` courts at the county and/or state level. Twenty-six were` represented in Oklahoma recently at a conference (ironically` it occurred simultaneously with a BATF convention next` door in the same facility).

There is one state-level supreme Court presently convening` in Oklahoma and the Tenth & Ninth Circuit Courts of` Appeal have tacitly recognized several of these Article III` courts by remanding cases back to them.

The first business of the Article III supreme Court of` Oklahoma was to reinstate the organic Constitution for the` united states of America including the original 13th` Amendment as ratified in 1819.

Since the Article I, legislative tribunals created by the U.S. Congress have not provided remedies or redress under the` Common law, the American National OR sovereign “state”  Citizen has the unalienable right to create remedy and` provide for the redress of grievances.

This is the reason for these Common law courts being reconsummated.

A republican form of government is built` from the bottom-up.

Twelve to twenty-four sovereign individuals can` consummate a Common law court, appoint a jury, judges,` constable, bailiff, clerk, notary, and issue writs and render` judgment on cases voluntarily presented before it. Initially,` these courts have been issuing “Quiet Title” to property and` asseverating status by repatriating American Nationals OR` sovereign “state” Citizens.

This is supplemental to a formal declaration by affidavit` with constructive legal notice given to the government of` your asseveration of status.

Some of the writs of these courts are being enforced through` the lien process and some of the unorganized militias have` voluntarily aligned themselves with these constitutional` Common law courts. The media has, as expected, framed up` Americans engaged in lawful process as “paper terrorists.”

The Article III, Common law courts must move quickly in` conjunction with their respective provisional governments` and Constitutional Conventions to adopt amendments to` their rules and procedures that permit the full participation` of women and minorities so as to open sovereignty to all` responsible Americans of legal age (21).

All men and women are indeed created equal and must all` enjoy full, unalienable rights. There must never again be a` second class Citizenship in the united states of America,` although some qualifications and responsibilities will apply.

Whether black or white, male or female, a property owner or` not, or an Indian, American Citizenship must be open to all` willing to claim it. The choice is then ours where our` allegiance will stand.

“Common law Courts are established under the rules of the` Common law and can either be ‘Courts of Record’ or ‘Courts` not of Record.’ A Court of Record is a Superior Court that` has the ability, through a Common law jury to hold in` contempt, to judge, and the judgments are of such supreme` eminence their truth cannot be held in question...

A Court of Record is established by Constitution or` legislation and can be a Superior Court, Court of` Common Pleas, a Court of Chancery, an Equity or` Admiralty Court.

— Jerry Henson 32`

Many of the Common law courts have re-consummated` their rules and procedures based on the old territorial rules` which is a good starting point for laying the foundation and` restoring the organic law.

But some of these old rules leave us exposed to the` accusation of being white supremacist, racist or sexist for` not enjoining participation by other than white, Christian` males. This is a matter of strategic importance. Either we're` all going to be sovereigns, or we're all going to be slaves in` the next millennium. The time is now! 33`

Common law Supreme Court Judgments`

1. Johnny Johnston case (commercial lien), Jerry L. Wilkins, Plaintiff; Republic of Texas, Our One Supreme` Court, Dallas county (July 23, 1995); Case No. JW-95-006; Affirmed by Order of Dismissal` (September 19, 1995) by 14th Judicial District, Case No. 9507735, Judge McLellon Marshall, Presiding.

2. Ensminger case (allodial title); Republic of Oklahoma,` Our One Supreme Court; Affirmed by United States` Court of Appeals, Tenth Circuit (April 10, 1995), Case` Nos. 94-6415, 946417, Stephen H. Anderson, Circuit` Judge Presiding.

3. Broderick case (commercial and common law liens),` Barbara Susan; Eastman, Petitioner; Our One Supreme` Court in San Diego county (April 6, 1996), Case No PHD 4696, Order for Declaratory Relief.

4. Moore case (common law lien); The Common Law` Supreme Court for Oregon, Marion county (December` 8, 1995), Case No.CLJCG-120895-041), Petition of` Summary Judgment. 34` “People have not yet discovered they have been` disenfranchised.Even lawyers can't stand to admit it.

In any nation in which people's rights have been` subordinated to the rights of the few, in any` totalitarian nation, the first institution to be` dismantled is the jury.

I was, I am, afraid.”

— Gerry Spence 35`

Notes and Sources`

AMERICAN LAW`

1. Sourced from the book by George Orwell, 1984.

2. Source from The Spirit of the Laws by an unknown` author (referred by Stephen Newcomb).

3. “Natural rights” sourced from the Citizens Rule Book,` edited by Webster Adams, Whitten Printers, Phoenix,` Arizona.

4. Blacks Law Dictionary is the best reference for the` legal definition of terms; See also Noah Webster's` 1828 American Dictionary and Bouvier's 1856` American Law Dictionary.

5. Sourced from Jury Power Information Kit, Fully` Informed Jury Association (FIJA).

6. Minneapolis Star & Tribune, 3/27/87; Sourced from` the Citizens Rule Book, edited by Webster Adams,` Whitten Printers, Phoenix, Arizona, p.4.

7. Admiralty/military flag sourced from Behold` Newsletter; Sourced from an article The Gold Fringe` on the American Flag by the late Howard Freeman` (5/23/91) in Government's Liberty... Brings Death To` Freedom p. 84; Sourced from Jeff Ganaposki, Patriot` Primer #2, Living Word; See also Which Flag Is` Which? by Richard McDonald, Perceptions,` May/June 1995, p.20.

1. Sourced from American’s Bulletin, March ‘96`

2. Quote sourced from Law Against the People by Robert` Lefcourt, Random House, New York, p. 31.

3. Sourced from Davidson v New Orleans ,96 US 97, 25` L.Ed. 616.]`

1. Sourced from LaMarr Hardy, Research Foundation.

2. Sourced from Goodbye April 15th, by Boston T. Party,` Javelin Press, Austin, Texas, 1992, p. 23/12; Sourced` from The World Almanac & Book of Facts, Phanos` Books, 1992, p.67 (must be willful to be prosecuted for` criminal tax evasion).

3. ”Your Rights of Due Process” reprinted and edited` from Goodbye April 15th, by Boston T. Party, (Javelin` Press, Austin, Texas, 1992, p. 25/2).

4. See also Guardian T & D Co. v. Fisher 26 S Ct. 186 at` 188 (1906) (contracts must be voluntary); Sourced` from Free At Last, by N.A. Scott, Ph.D., D.D., p.1-8.

5. Don McAlvany; Quote sourced from the Preparedness` Journal, May 1993.

6. 44 USC, Section 1505; Sourced from Goodbye April` 15th, by Boston T. Party, (Javelin Press, Austin, Texas,` 1992); Richard McDonald; See also Cook v. Tait, 265` U.S. 47 (1924).

7. Sourced from Excerpted from Dan Meador’s famous` Exhibit Package: Federal and federal States` Jurisdictional Limits, Complaint & Narrative;` Additional comments

by Johnny Liberty.; See also` Burkes v. Laskar, 441 US 471 (on jurisdiction);` Sourced from Free At Last, by N.A. Scott, Ph.D., D.D.,` p.2.18. See also New York vs. Mihl, 36 U.S. (11 Pet.)` 102 (1837) and People vs. Godfrey, 17 Johns. 225` (N.Y., 1819).

1. Sourced from patriot researcher Leslie Rohde, Just` Who or What is A Person?

2. Sourced from the 11th Amendment, Constitution for` the usA.

3. Courts of Common Pleas still exist in many parts of` the usA (e.g., North Carolina); See also Erie Railroad` v. Thompkins (1938); See also Federal Rules of Civil` Procedure; See also Negotiable Instruments Act,` Rules of Civil Procedure, Social Security Act of 1938.

1. Sourced from Title 28, USC.

2. See also NANS, Summer ‘96 FEATURES: Freemen,` Liens & Reflections, p.54 - 61; NANS, Fall ‘96` SPECIAL REPORTS: Sovereignty & the Separation of` Powers, p.54 - 61.

3. Sourced from a brief from the Chief Justice Leroy` Schweitzer.

4. Sourced from Black’s Law Dictionary, Sixth Edition, p.1608 - 1611.

5. Ibid., p. 961.

6. Ibid., p.1256.

7. Sourced from Michael Louis Minns, Underground` Lawyer, (Gopher Publications, Katy, Texas, p.117).

8. Sourced from Gerry Spence Attorney At-Law, How to` Argue & Win Everytime (St. Martin’s Press, New York,` 1995 -back cover). See also Training Warriors of the` Law with Gerry Spense, Attorney At-Law, The` Register-Guard (molding a new breed of trial lawyer).

9. Sourced from audio series by Eric Madsen, Team Law.

10. Sourced from a confidential essay of the Capital Parish` of the Oversoul, p.27.

11. Sourced from Jerry Henson, The Common Law of the` united states of America, (Lighthouse Color Press,` 1995, p.13-14). Now, here’s a great man, presently` incarcerated for daring to setup a Common law court` system in this country — prayers for this man.

12. Sourced from Michael Louis Minns, Underground` Lawyer, (Gopher Publications, Katy, Texas, p.117).

13. Sourced from NANS, Fall ‘96, p. 63.

14. Sourced from the INTERNET, Gerry Spence Attorney` At-Law.