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Do you mind me asking where you believe that the 'common law' is defined as the sole law of the united states in the constitution? Because the constitution is pretty explicit in the law-making powers of the legislature. Article 3, s.2 actually explicitly states that the judiciary's power extends to the "Laws of the United States" i.e. laws passed by the federal legislature.
Article 1, s.7 US Constution: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law.
That is why federal statutes are law. Plain and simple. How yourself and other readers continually decide for yourselves that they are not, I don't know.
You tell a blatant lie when you say that judicial review is in the United States constitution - the power is implied, but it is not expressly stated in the constitution, hence why the Supreme Court decided that that power was within its bounds.
Congress can only pass bills within their scope of authority. If congress passed a bill that said it was ok for congressmen to rape the wives of the citizens at will with no recourse from the citizens would you consider that to be law? According to your logic you would.
Hopefully that illustrates the point that not every bill congress passes is automatically binding law, and if it is outside their scope it is not law and does not apply to the people.
You tell a blatant lie when you say that judicial review is in the United States constitution - the power is implied, but it is not expressly stated in the constitution, hence why the Supreme Court decided that that power was within its bounds.
The constitution is the law or standard by which the Judicial and other branches must operate, it is obvious they must review any law against the standard they are bound by.
Originally posted by Lightrule
reply to post by duality90
Oh brother. You sound exactly like me just after I left law school. Its uncanny actually. I don't need to weigh in too much in this thread because a few things are going to happen to you in the next few years. They might not happen in the same order as they did with me, but it WILL happen.
1) You will start to feel "uneasy" in your profession.
2) Your emotions will come into play as you start to dwell on the lives you have ruined.
3) You will question yourself.
4) You will question your education.
5) You will start opening your mind to the possibility that maybe, just maybe you have been taught only a small portion of legal expertise solely to keep you ignorant.
6) You will get slapped around a court room HARD by one of these "Freemen" that are no longer arguing and wasting their time on the internet talking about the movement but have learned the truth and now act upon it.
7) Apology?
You know just as well as I do you are arguing the merits/nuances of the legal system and not THE LAW.
Government shills are the first to tell us that if we do not like the current actions being done by them to stand up and do something about it, as *we* are the government. Government can only act and be given power when they represent the person. To represent someone you require the consent of said person. Consent can be given and it can be taken away. A decision that can be made at anytime, anywhere for any reason.
Peace.
-Lightrule
Originally posted by hawkiye
reply to post by duality90
Do you mind me asking where you believe that the 'common law' is defined as the sole law of the united states in the constitution? Because the constitution is pretty explicit in the law-making powers of the legislature. Article 3, s.2 actually explicitly states that the judiciary's power extends to the "Laws of the United States" i.e. laws passed by the federal legislature.
The constitution only recognizes Common law and Admiralty jurisdiction as stated in Article III. If there are any other jurisdictions then show me where they are authorized and their rules of procedure in the courts?
Article 1, s.7 US Constution: Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law.
That is why federal statutes are law. Plain and simple. How yourself and other readers continually decide for yourselves that they are not, I don't know.
Read the 9th and 10th amendments as Josephus23 so succinctly pointed out. Congress can only pass bills within their scope of authority. If congress passed a bill that said it was ok for congressmen to rape the wives of the citizens at will with no recourse from the citizens would you consider that to be law? According to your logic you would.
Hopefully that illustrates the point that not every bill congress passes is automatically binding law, and if it is outside their scope it is not law and does not apply to the people. Because as extreme as my example is to illustrate the point that is exactly what congress does except it rapes us of our rights, wealth, and property, with the myriads of unlawful statutes they enact outside their scope of authority. Attorneys, government agents, and police facilitate that rape through ignorance, coercion, force and fear!
edit on 13-3-2011 by hawkiye because: (no reason given)
Originally posted by charles1952
reply to post by Josephus23
Would you clear up something for me? I've looked up the Act of 1801 that you've mentioned, and, for the life of me, I can't find any thing in that Act that creates any new corporation, let alone a foreign one.
You must be familiar with it, could you tell me where the incorporation provision is found? Thanks in advance.
Act of 1801
I've now looked at the 1871 act and that one merges the various municipal corporations (commonly called cities or towns) into one new town, Washington. A town or a city isn't a business corporation, and it's not a foreign corporation. I'm confused here as well.edit on 13-3-2011 by charles1952 because: Add last paragraph.
Originally posted by Josephus23
reply to post by duality90
Duality.... I think that I might be able to answer your confusion regarding legislation and law.
This all hinges upon two acts:
The first is the Organic Act of 1871.
This essentially was the first step toward incorporating our nation after the civil war.
It must be remembered that Lincoln was horribly fearful for our economy after the war. With the newly freed number of men jobs would be scarce and the monies needed to fund this employment must come from somewhere.
Lincoln was adamantly against a central bank (funny that he was assassinated). At one time he proposed creating a colony in South America similar to Liberia in order to house the "freed" slaves.
So with Lincoln dead and out of the way. The first thing that congress did was create an act that would abolish the dual municipalities of the City of Washington and The District of Columbia and merge then into one single entity known as the District of Columbia (this was for a very specific reason that I will get to in a minute).
The second aspect of this explanation rests with the next District of Columbia Act of 1801. This act is by far the most unknown, but influential acts in the history of this country.
This Act created a foreign corporation in the District of Columbia and it was named THE UNITED STATES OF AMERICA.
A FOREIGN CORPORATION... open and ready to do business, oh yeah, it also has the responsibility to protect the rights and liberties of its "citizens/employees", but not by the means originally intended by the Constitution.
It does so the same way a corporation would handle internal issues.
With codes.
Now, it all started out rather harmlessly as this corporation originally made money the old fashioned way... tariffs, corporate taxes, etc...
However, with the "ratification" of the 14th Amendment, everything changed. (4 states did not originally ratify this Amendment and in order to get it passed the then President used his "emergency war powers" to completely replace each of the respective 4 state's representatives with lackeys who eventually ratified the 14th Amendment)
The US Constitution did not originally address citizenship because Federal citizenship was a BAD thing.
We were originally citizens of the state (country) of our birth.
We had God given rights that were not legislated, but ours by right of birth.
The only reason for a trial was if ONE person had a problem with another PERSON.
That is what makes a LAW different from a LEGISLATED STATUTE or CODE.
With a law a victim must be present.
The reason that we have statutes and codes that are considered law is because the 14th Amendment makes us all citizens/employees of the corporation known as THE UNITED STATES OF AMERICA and therefore our rights are legislated to us instead of God given by birth.
HUGE DIFFERENCE.
edit on 3/13/2011 by Josephus23 because: (no reason given)edit on 3/13/2011 by Josephus23 because: (no reason given)
Originally posted by charles1952
I'm afraid I misled you (lied) in my above post. I am not confused over the various uses of the word "Corporation." I was attempting to soften my words. Neither of the above cited acts created a business corporation. They created a municipal corporation, they made a new town. There are no shares in this "Corporation", citizens are not corporate assets. A municipality can do some things that a commercial corporation can do, BUT THEY ARE NOT THE SAME. Various posters have seen the word Corporation and stopped exploring for the appropriate meaning.
This is like my pointing to the letters "S""K""Y" painted in yellow on a sign, announcing "Look at the yellow SKY and have some come up and say "You're a blatant liar with no education, the sky is blue."
Is there any chance we'll ever start talking about the same things here?
Originally posted by duality90
Are we not doing so right now? haha. I confess readily that the product of that act was a corporation - just not a corporation in the sense that those looking for a conspiracy believe that it is.
Originally posted by hawkiye
Originally posted by duality90
Are we not doing so right now? haha. I confess readily that the product of that act was a corporation - just not a corporation in the sense that those looking for a conspiracy believe that it is.
Actually since the organic act of 1871 they have various trade names such as THE UNITED STATES, US Government etc. Every government entity including the courts and even the schools is a corporation and a for profit business in every sense and can be verified as such on Dunn and Bradstreet or Standard and Poors.
Also it is right in the United States code which by the way is thier corporate policy, even they admit they are a corporation:
USC TITLE 28 > PART VI > CHAPTER 176 > SUBCHAPTER A > § 3002 (15)A
(15) “United States” means—
(A) a Federal corporation;
edit on 13-3-2011 by hawkiye because: (no reason given)
Originally posted by Lightrule
reply to post by duality90
Is my curriculum vitae some how going to convince you one way or the other on this issue?
Universiy of Calgary Law School:
- Tax Policy
- Basic Tax Law
- Insurance Law
- International Tax Law
- Corporate Tax
- Commercial Arbitration Law
- Corporate Finance Law
- Corporate Governance and Litigation
- Securities Law
- Canadian Corporate/Securities
- Advanced Civil Procedure
- And more... for funsies like Internet Law, Biotechnology and the Law, Criminal Process, Advanced Criminal Law.
The Kellogg School and Northwestern University Law School - JD-MBA Program
The Haskayne School of Business @ The University of Calgary
3 Guesses as to the area in which I practice. Granted I'm all over the place as my interests changed a few times while I was being "educated". I'm considering a visit to the UofA for some more courses this year, because if going to school has taught me anything its that I don't know anything...
Peace.
-Lightrule
hawkiye: "Congress can only pass bills within their scope of authority. If congress passed a bill that said it was ok for congressmen to rape the wives of the citizens at will with no recourse from the citizens would you consider that to be law? According to your logic you would.
Hopefully that illustrates the point that not every bill congress passes is automatically binding law, and if it is outside their scope it is not law and does not apply to the people."
charles1952
Well, as unbelievable as it seems, for our purposes of discussion, a bill passed by both houses and signed IS law. No matter how crazy. This can be prevented by the executive branch by veto. If they both approve, it IS law until ruled unconstitutional by a court.
Originally posted by charles1952
reply to post by hawkiye
Both Standard and Poors and Dun and Bradstreet are credit reporting bureaus. Currently, I think, the USA is rated AAA but some states and cities aren't. Your sources are a guide to the risk involved in buying the debt of a municipal corporation as well as other kinds of Corporations. No the US is not the same type of corporation as General Mills. And your printout doesn't show that it is.
Originally posted by duality90
You don't need to be so damn hostile. I was more interested in whether you were a regular advocate or a commercial lawyer in the corporate sense, rather than what your academic background was, and what it was you had seen in practice which convinced you that the freeman arguments were with some weight.
Also, please do weigh in. If you've got loads of year in practice, surely you can set the issue straight? From the research I have done, none of the arguments have any legal weight.
Alas though, I am not so utterly self-interested as to not be open to new evidence and arguments which would make me question my own position.
Also, you had an LLB from Canada AND a JD from the US? how long were you in school for dude?!