Jurisdiction (USA)

Jurisdiction

The Constitution of the united States mentions three areas of jurisdiction in which the Courts may operate:

Common Law

Common Law is based on God's Law: Anytime someone is charged under the Common Law, there must be a damaged party. You are free under the Common Law to do anything you please, as long as you do not infringe on the life, liberty or property of someone else. You have a right to make a fool of yourself provided you do not infringe on the life, liberty or property of someone else. The Common Law does not allow for any government action which prevents a man from making a fool of himself. For instance, when you cross over state lines in most states, you will see a sign which says, BUCKLE YOUR SEAT BELTS -- IT'S THE LAW. This cannot be Common Law, because who would you injure if you did not buckle up? Nobody. This would be compelled performance. But Common Law cannot compel performance. Any violation of Common Law is a CRIMINAL ACT, and is punishable.

Equity Law

Equity Law is law which compels performance. It compels you to perform to the exact letter of any contract that you are under. So, if you have compelled performance, there must be a contract somewhere, and you are being compelled to perform under the obligation of the contract. Now this can only be a civil action -- not criminal. In Equity Jurisdiction, you cannot be tried criminally, but you can be compelled to perform to the letter of the contract. If you then refuse to perform as directed by the Court , you can be charged with the contempt of Court , this is a criminal action. Are our seat belt laws Equity laws? No. They are not, because you cannot be penalized or punished for not keeping to the letter of the contract. [This has of course changed since the publishing of the article, so read on....]

Admiralty/Maritime Law

This is civil jurisdiction of Compelled Performance which also has Criminal Penalties for not adhering to the letter of the contract, but this only applies to International Contracts. Now we can see what jurisdiction the seat belt laws (and all traffic laws, building codes, ordinances, tax codes, etc) are under. Whenever there is a penalty for failure to perform (such as willful failure to file) that is Admiralty/Maritime Law and there must be a valid international contract in force.

However, the Courts don't want to admit that they are operating under Admiralty/Maritime [hereafter noted by A/M] Jurisdiction, so they took the international law or Law Merchant and adopted it into our codes. This is what the Supreme Court decided in the Erie Railroad case -- that the decisions will be based on commercial law or business law and that it will have criminal penalties associated with it. Since they were instructed not to call it A/M Jurisdiction, they call it Statutory Jurisdiction.

[My note: I looked for Statutory Jurisdiction in the 4th edition of Black's. It's not there, so looked up Statute and under the definition is this paragraph: This word is used to designate the written law in contradistinction to the unwritten law. Foster v. Brown, 199 Ga. 444, 34 S.E.2d, 530 535 See Common Law. Unwritten law is common law, contradistinction you can look up, but it means as opposed to, opposite to. Also I looked up Common Law (with my new understanding) and it's quite enlightening!]

Courts of Contract

You may ask how we got into this situation where we can be charged with failure to wear set belts and be fined for it. Isn't the judge sworn to up hold the Constitution? Yes, he is. But you must understand that the Constitution in Art. I, Sect. 10, gives us the unlimited right to contract as long as we do not infringe on the life, liberty, or property of someone else. Contracts are enforceable, and the Constitution gives two jurisdictions where contracts can be enforced, Equity or Admiralty. But we find them being enforced in Statutory Jurisdiction. This is the embarrassing part for the Courts, but we can use this to box the judges into a corner in their own Courts. We will cover this more later.

Contracts must be voluntary

Under the Common Law, every contract must be entered into knowingly, voluntarily, and intentionally by both parties or it is void and unenforceable. These are characteristics of a Common Law contract. There is another characteristic - it must be based on substance. For example, contracts used to read, For one dollar and other valuable considerations, I will paint your house, etc. That was a valid contract -- the dollar was a genuine silver dollar. Now suppose you wrote a contract that said, For one Federal Reserve Note and other considerations, I will paint your house.. And suppose for example, I painted your house the wrong color. Could you go into a Common Law Court and get justice? NO, you could not. You see a Federal Reserve Note is a colorable dollar, as it has no substance, and in a Common Law jurisdiction, that contract would be unenforceable.

Colorable Money-Colorable Courts

The word colorable means something that appears to be genuine, but is not. Maybe it looks like a dollar, and maybe it spends like a dollar, but it if is not redeemable for lawful money (silver or gold) it is colorable. If a Federal Reserve Note is used in a contract, then the contract becomes a colorable contract. And colorable contracts must be enforced under a colorable jurisdiction. So by creating Federal Reserve Notes, the government had to create a jurisdiction to cover the kinds of contracts that use them. We now have what is called Statutory Jurisdiction, which is not a genuine Admiralty jurisdiction. It is a colorable Admiralty Jurisdiction the judges are enforcing because we are using colorable money. Colorable Admiralty is now known as Statutory Jurisdiction. Let's see how we got under this Statutory Jurisdiction.

Uniform Commercial Code

The government set up a colorable law system to fit the colorable currency. It used to be called the Law Merchant or the Law of Redeemable Instruments, because it dealt with paper which was redeemable in something of substance. But once Federal Reserve Notes had become unredeemable, there had to be a system of law which was completely colorable from start to finish. This system of law was codified as the Uniform Commercial Code, and has been adopted in every state. This is colorable law, and it is used in all the Courts.

I explained one of the keys earlier, which is that the country is bankrupt and we have no rights. If the master says Jump! then the slave had better jump, because the master has the right to cut his head off. As slaves we have no rights. But the creditors/masters had to cover that up, so they created a system of law called the Uniform Commercial Code. This colorable jurisdiction under the Uniform Commercial Code is the next key to understanding what has happened.

Contract or agreement

One difference between Common Law and the Uniform Commercial Code is that in Common Law, contracts must be entered into: (1) knowingly, (2) voluntarily, and (3) intentionally. Under the Uniform Commercial Code this is not so. First of all, contracts are necessary. Under this new law, agreements can be binding, and if you only exercise the benefits of an agreement it is presumed or implied that you intend to meet the obligations associated with those benefits. If you accept a benefit offered by government, then you are obligated to follow, to the letter, each and every statute involved with that benefit. The method has been to get everybody exercising a benefit and they don't even have to tell the people what the benefit is. Some people think it's the driver's license, the marriage license, or the birth certificate, etc. I believe it's none of these.

Compelled Benefit

I believe the benefit being used is that we have been given the privilege of DISCHARGING DEBT [my emphasis...] with limited liability, instead of paying debt. When we pay a debt, we give substance for substance. If I buy a quart of milk with a silver dollar, that dollar bought the milk, and the milk bought the dollar -- substance for substance. But if I use a Federal Reserve Note to buy the milk, I have not PAID for it.[my emphasis...] There is no substance in the FEDERAL RESERVE NOTE. It is worthless paper given in exchange for something of substantive value. Congress offers us this benefit: Debt money, created by the federal United States, can be spent all over the continental united States, it will be legal tender for all debts, public and private, and the limited liability is that you cannot be sued for not paying your debts. So now they have said, "We're going to help you out, and you can just discharge your debts instead of paying your debts." When we use this colorable money to discharge our debts, we cannot use Common Law Court. We can only use colorable Court. We are completely under the jurisdiction of the Uniform Commercial Code -- We are using non-redeemable negotiable instruments and we are discharging debt rather than paying the debt.