How to take apart an "Act of Congress

The FISA ACT allows for wiretaps of "united states persons" which is very limited by definition. This same "united states person " is also mentioned in the Patriot Act.
"Acts of Congress" are not enforceable in the several states of the union.

It is necessary to go to 28 USC Rule 54(c), Federal Rules of Criminal Procedure, to determine application of an "Act of Congress", and the term "State":

"Act of Congress" includes any act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory or in an insular possession.
"State" includes District of Columbia, Puerto Rico, territory and insular possession.

(Comment) the “term” includes is restrictive not expansive, it thereby excludes the several states of the union. So no “Act” of Congress is enforceable in the several states, unless the citizens vote for it.

The Supreme Court supports rule 54(c) listed above

("Each State in the Union is sovereign as to all the
powers reserved. It must necessarily be so, because the United
States have no claim to any authority but such as the States have
surrendered to them"). Indeed, on this crucial point, the majority
and Justice Breyer agree in principle: the Federal Government has nothing approaching a police power.. See New York v. United States, 505 U. S

UNITED STATES, PETITIONER v. ALFONSO LOPEZ, Jr.
Chief Justice Rehnquist delivered the opinion of the
Court.
..... The
Court's only qualification was that Congress could enact such laws
for places where it enjoyed plenary powers-for instance, over the
District of Columbia. Id., at 426.
....., the Court remarked that the
Commerce Clause "has always been understood as limited by its
terms; and as a virtual denial of any power to interfere with the
internal trade and business of the separate States." Id., at 44.
The law in question was "plainly a regulation of police," which
could have constitutional application only where Congress had
exclusive authority, such as the territories. Id., at 44-45.
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Since wiretapping is a police power, which Congress does not have in the several states, the provision for it must be in Congress’ other authority to regulate imports and exports based on treaties with other nations.

In searching Title 48 USC, concerning contracts the United States Government may enter into, and licenses required. I came across this definition.

TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
(2) The term `United States persons' has the meaning given that term under section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)).
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
(a) Definitions.
As used in this clause--
(1) Foreign person means any person other than a United States
person as defined in Section 16(2) of the Export Administration Act of
1979 (50 U.S.C. App. Sec. 2415
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Well You know , I had to find out the definition of "united states person" sooo,… I went to the Export Administration Act of 1979, and this is the definition provided.
Export Administration Regulations.

Legal Authority 67
Export Administration Regulations January 2007
(2) the term “United States person” means any
United States resident or national (other than an
individual resident outside the United States and
employed by other than a United States person), any
domestic concern (including any permanent domestic
establishment of any foreign concern) and any foreign
subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is
controlled in fact by such domestic concern, as
determined under regulations of

50 U.S.C. 1801(i) defines 'United States person' (for the purposes of title 50, chapter 36, subchapter I) as including 'a citizen of the United States', which is defined in the 14th amendment as "all persons born or naturalized in the United States, and subject to the jurisdiction thereof". So it seems like you're arguing against the 'subject to the jurisdiction thereof' part, right?

If so, you might want to look into some recent anti-immigration lawsuits, as some contend that so called 'anchor babies' are not citizens, citing that clause of the 14th amendment. The history of that clause is pretty complex; I don't have a clear case reference available to disambiguate it.

PS: might want to avoid long lines of dashes in your post; it makes the formatting all wonky. Try typing "[more]" when entering your post, it will display a horizontal separator line.


[edit on 15-7-2008 by Ian McLean]

reply to post by Ian McLean


I believe the War Powers "Act" is codified at 50 USC, since the executive branch also has no police power in the several states, 50 USC, is restricted to military personnel,export,import, and foreign affairs. The Supreme Court ruled that regulations are the law, the implementing regulations are 22 CFR, foreign relations, one of the powers of the President. Please excuse my brevity, I'll follow with complete cites later if you would like. On another matter, a "united states person", can be an American cititizen, the destiction being a "united states person" for the purposr of the FISA "Act" has an export license.

Sorry for the incomplete post, I did something, and it cut it short. Here's the rest of it.


This definition provided is "all over the road" it includes residents, and foreigners, but both groups have two things in common (this is major) they have to be licensed by the federal government, and have a "domestic concern", Well, what is the definition of "domestic concern". Here it is.
(B) A comprehensive operations license,
authorizing exports and reexports of technology and
related goods, including items from the list of militarily
critical technologies developed pursuant to section 5(d)
of this Act which are included on the control list in
accordance with that section, from a domestic concern
to and among its foreign subsidiaries, affiliates, joint
venturers, and licensees that have long-term,
contractually defined relations with the exporter, are
located in countries other than controlled countries,….. end.
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So by definition. a "united states person" is someone who is licensed by the federal government to export weapons, or weapon technology so as remove any doubt, lets look at another code section.

TITLE 22 > CHAPTER 39 > SUBCHAPTER III > § 2778
§ 2778. Control of arms exports and imports
(e) Enforcement powers of President
In carrying out functions under this section with respect to the export of defense articles and defense services, the President is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments, agencies and officials by subsections (c), (d), (e), and (g) of section 11 of the Export Administration Act of 1979 [50 App. U.S.C. 2410 (c), (d), (e), and (g)], and by subsections (a) and (c) of section 12 of such Act [50 App. U.S.C. 2411 (a) and (c)], subject to the same terms and conditions as are applicable to such powers under such Act [50 App. U.S.C. 2401 et seq.],
(i) Report to Department of State
As prescribed in regulations issued under this section, a United States person to whom a license has been granted to export an item on the United States Munitions List shall, not later than 15 days after the item is exported, submit to the Department of State a report containing all shipment information, including a description of the item and the quantity, value, port of exit, and end-user and country of destination of the item.
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The careful reader will note that a report has to be submitted to the Department of State, not to be confused with the State Department. This Department of State was recreated by the "Patriot Act", the Agency only deals with any American Embassy, or military installation located abroad, (mostly Europe) thus providing "Homeland Security" to Americans abroad. The "Patriot Act" also mentions Federal, State, or local governments, these departments are located in the host nations where the U.S embassies are located. For a full read of the provisions of the "Patriot Act" see the Council of Europe Convention web site.

So Congress writes laws for D.C and insular possessions, using “terms” that are restrictive, such as “states”, and “united states person”, as a means to deceive and to separate the American citizen from their rights and property. They wave a treaty with Europe,the "Patriot Act", in front of the American people, trying to enforce a law foreign to this country (treason)
There is a method to their madness, what a psychological advantage to have people fighting a law that doesn’t apply, rather than remind Congress that the Tenth Amendment still stands.