About Jurisdiction

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Challenge Jurisdiction       :)

It follows that a collateral attack may be made here for "acts or orders [of administrative officers or agencies] which do not come clearly within the powers granted or which fall beyond the purview of the statute granting the agency or body its powers [such orders] are not merely erroneous, but are void." * * * "They [officers or agencies] are without power to act contrary to the provisions of the law or the clear legislative intendment, or to exceed the authority conferred on them by statute." [Emphasis added.] 73 C.J.S. Public Administrative Bodies and Procedure § 59, pp. 383-384. And see, Liebhardt v. Tasher, 132 Colo. 554, 290 P.2d 1107. Flavell v. DEPARTMENT OF WELFARE C. & C. OF DENVER, 355 P. 2d 941, 943 - Colo: Supreme Court 1960.

Jurisdictional Failings

Ed Rivera  on Article III courts

United States District Court = Administrative Article I (legislative)
Article IV (territorial) court

District Court of the United States = Article III (judicial) court

Brief on jurisdiction located  HERE

Federal vs. National  Federal vs. National

Jurisdiction Over Federal  Areas Within the States


Seven Elements Of Jurisdiction

40 U.S.C.A. 3112 Federal jurisdiction:  40 U.S.C.A. § 3112
(Formerly cited as 40 USCA § 255)

Know your subject. Own the knowledge!

Presented here is a law school semester about federal jurisdiction, and it is all here for only the investment of one´s time.
Compiled by Attorney Lowell H. "Larry" Becraft, Jr.
FEDERAL JURISDICTION    (alternative site)

Martin Earl Fisher´s story

About United States Jurisdiction
The term "United States" may be used in any one of several senses.
It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in a family of nations. It may designate territory over which sovereignty of the United States extends, or it may be the collective name of the States which are united by and under the Constitution.
Hooven & Allison Co. v. Evatt324 U.S. 652 (1945)  65 S.Ct. 870, 880, 89 L.Ed. 1252 [bold emphasis added]

The term "United States", when used in its territorial meaning, encompasses the areas of land defined in Article I, Section 8, Clause 17 (1:8:17) and 4:3:2, nothing more. In this respect, the "United States" is a separate Nation which is foreign with respect to the States united by and under the Constitution, because the "United States" as such has never applied for admission to the Union of States known as the "United States of America". Accordingly, statutory "citizens of the United States" who are "subject to the jurisdiction thereof" are defined in the wording of the so called 14th Amendment and of The Civil Rights Acts. At best, this so-called Amendment is a "private Act" rather than a public act which designates a class of people who are unique to the territorial jurisdiction of the District of Columbia, the Federal Territories and Possessions, and the land which has been ceded by the Legislatures of the 50 States to the foreign nation-state of the "United States" for forts, magazines, arsenals, dock-yards and "other needful buildings" (see 1:8:17 and 4:3:2). Collectively, this territorial jurisdiction can be termed "The Federal Zone" to distinguish it uniquely from the nation as a whole and from the 50 States of the Union. The "nation" can, therefore, be defined as the mathematical union of the federal zone and the 50 States (using the language of set theory.)

The District of Columbia is technically a corporation and is only defined as a "State" in its own codes and under International Law (e.g., see IRC 7701(a)(10)).

UNITED STATES is a Corporation - There are Two Constitutions

CHAPTER 62, 1871
16 United States Statutes at Large 419
CHAPTER 62, 1871 CHAP. LXII. --
An act to provide a Government for the District of Columbia.

Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That all that part of the territory of the United States included within the limits of the District of Columbia be, and the same is hereby, created into a government by the name of the District of Columbia, by which name it is hereby constituted a body corporate for municipal purposes, and may contract and be contracted with, sue and be sued, plead and be impleaded, have a seal, and exercise all other powers of a municipal corporation not inconsistent with the Constitution and laws of the United States and the provisions of this act.

The language of this act provides that the government of the District (the Federal Government) is a corporation, municipal in nature but still a corporation. Furthermore, District citizens (United States citizens - U. S. citizens) will now be subject to corporation law as well as law of the Republic.

Corporate law is private law even thought the corporation is municipal. Generally we are led to believe that these corporate laws are laws of the people because they have came from Congress... they are not, they are private laws and can only be applied by contract.

The United States is a  Corporation

Title 5 U.S.C. §556(d)
"When jurisdiction is challenged the burden of proof is on the government."

"No sanction can be imposed absent proof of jurisdiction."
"Once challenged, jurisdiction cannot be ´assumed´, it must be proved to exist!"
Stanard v. Olesen, 74 S.Ct. 768

"The law requires PROOF OF JURISDICTION to appear on the Record of the administrative agency and all administrative proceedings." Hagans v. Lavine, 415 U.S. 533

Standing is a requirement grounded in Article III of the United States Constitution, and a defect in standing cannot be waived by the parties. Chapman v. Pier 1 Imports (US.) Inc., 631 F.3d 939,954 (9th Cir. 2011). A litigant must have both constitutional standing and prudential standing for a federal court to exercise jurisdiction over the case. Elk Grove Unified Sch. Dist. v. Newdow, 542 U.S. 1, 11 (2004). Constitutional standing requires the plaintiff to "show that the conduct of which he complains has caused him to suffer an ´injury in fact´ that a favorable judgment will redress." Id. at 12. In comparison, "prudential standing encompasses the general prohibition on a litigant´s raising another person´s legal rights." Id. (citation and quotation signals omitted); see also Oregon v. Legal Servs. Corp., 552 F.3d 965, 971 (9th Cir. 2009).
"We must not confuse dissent with disloyalty.
When the loyal opposition dies, I think the soul of America dies with it.
" --Edward R. Murrow

Someone say, "jurisdiction"?

The Constitution of the United States of America (1787)

Article IV: Section 3: Clause 2: (Federal property and the Territorial Clause -- Main article: Territorial Clause)

The Congress shall have power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section Three also permits Congress to dispose of and legislate for all territories and properties belonging to the United States. Pursuant to a parallel clause in Article One, Section Eight, such authority is "exclusive".

The created United States government cannot define the rights of its creator, the American people.
Three forms of law were granted under the Constitution, common law, equity and Admiralty law.
Each had their own jurisdiction and purpose.
The court and rules of all three jurisdictions have been blended.

See Federal jurisdiction

United States of America, Inc.  United States of America, Inc.

United States US Code defines the term "United States"

Uniform Commercial Code (UCC) - Article 9
§ 9-307. LOCATION OF DEBTOR.(h) Location of United States.
The United States is located in the District of Columbia.
Corporatization and Privatization of the Government  Corporatization and Privatization of the Government
(An in depth study.)


"In times of universal deceit, telling the truth will be a revolutionary act." --George Orwell
Sage advice: Think about this: [T]he burden of proof is upon the party making the allegations. The party doing the complaining [i.e., the prosecutor] has the burden of proof or burden of evidence. Proof and evidence both mean basically the same thing. It is their duty to present this evidence, not your duty. Remember, if they do try to question you, if they do try to get you on the stand, the answer that should flow from your lips to any of their questions goes like this,
"Mr. Prosecutor, it appears you are assuming facts that are not in evidence AND because you haven´t given me the evidence you haven´t given me enough knowledge or information to form a responsive answer."
That´s how one may avoid answering them and in a way that they can´t put you in jail for contempt because with that kind of an answer you didn´t refuse to answer, you weren´t arrogant, you were just straightforward. They didn´t give you enough information or knowledge. (They never do - why? They don´t have it - or - they don´t want you to know, ??? Take your pick.)
"Gee, and I thought I had a right to be fully informed in this matter."

The following cases substantiate that it is a fact of law that the person asserting jurisdiction
must, when challenged, PROVE that jurisdiction exists:
McNutt v. G.M., 56 S. Ct. 789, 80 L.Ed. 1135
Griffin v. Mattews, 310 Supp. 341, 423, F.2d 272
Basso v. U.P.L., 495 F.2d 906
Thomson v. Gaskiel, 62 S. Ct. 673, 83 L.Ed. 111
Albrect v. U.S., 273 U.S. 1

Universal Postal Union Universal  Postal Union

John Bryant Interviews Jay from Texas and Moishe Pippik

United States´ Jurisdiction?

Special maritime and territorial jurisdiction of the United States defined

40 USCS 255, n14, Acceptance of Jurisdiction  40 USCS 255, n14, Acceptance of Jurisdiction
(Apologies for the poor copy - best we could find.)

COLLINS v. YOSEMITE PARK & CURRY CO., 304 U.S. 518 (1938)

ADAMS v. U.S., 319 U.S. 312 (1943)

US Attorneys´ Criminal Resource Manual, USAM, Title 9, 664 Territorial Jurisdiction

TEXAS: Scripts For Various Court Proceedings

The Temples Of Baal

Quote from Ayn Rand´s, "Atlas Shrugged", 1957

"There´s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren´t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What´s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now, that´s the system, Mr. Rearden, that´s the game, and once you understand it, you´ll be much easier to deal with."

"... when the people want to do something I can´t find anything in the Constitution expressly forbidding them to do, I say, whether I like it or not, ´Goddammit, let ´em do it.´" Justice Felix Frankfurter (1882-1965)

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All the powers in the universe seem to favor the person who has confidence.

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