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I N V I S I B L E C O N T R A C T S
George Mercier
ADMIRALTY JURISDICTION
[Pages 300-385]
Words appearing
below in ALL CAPS appeared in italics in the original text.
2. Next,
we turn now and address the legal procedures used to crack Protesting giblets
when an invisible Federal taxation reciprocity contract has been layered on us
from that heavy and overweight King we have in Washington, with the
administration and enforcement of those invisible contracts falling under a
very curt, short, accelerated, and abbreviated legal procedure called ADMIRALTY
JURISDICTION. I will be discussing two
separate items under this section --
1. First,
the legal procedure of ADMIRALTY JURISDICTION, which is not necessarily related
to taxation; and
2. A
specific ADMIRALTY TAXATION CONTRACT itself.
Federal Judges do not call this contract an ADMIRALTY CONTRACT, but my
use of this nomenclature occurs by reason of relational identification, because
there are invisible financial benefits originating from the King that involve
LIMITATIONS OF LIABILITY, which is characteristic of ADMIRALTY.
The
legal procedure known as ADMIRALTY JURISDICTION applies in Federal areas
concerning tax collection, because once a PERSON takes upon any one of the many
invisible taxation contracts that the King is enriching his looters through,
then ADMIRALTY JURISDICTION as a relational procedure can be invoked by the
Judiciary and the King's termites in the IRS to get what they want out of
you: Your money.
Admiralty
is a subdivision of King's Commerce such that all of King's Commerce that takes
place over waterways and the High Seas (at least, such a geographical
restriction of Admiralty to navigable waterways of all types is now only
theoretical), is assigned to be government by a special set of grievance
settlement and evidentiary rules, just custom tailored to Commerce of that
nature... at least that was the case in the old days when Admiralty was once
restricted to govern legitimate business transactions with the King out on the
High Seas.
Back in
the old days, back way early in England's history, our Fathers saw that the
rules governing the settlement of grievances that occurred on land just didn't
seem to fit right into grievances that merchants had with each other on some
Commerce that transpired out on the High Seas.
A large portion of business involved the transportation of merchandise
from one place to the next. For
example, on land, goods that were damaged in transit for some reason were
generally always recovered from the accident for valuation and insurance
adjustment purposes, and eye witnesses were often present to describe how the
damage happened, i.e., whether a gust of high winds came along, or some other
carriage violated rights-of-way and caused the accident, or that thievery took
place. In that way, fault and damages
could be properly assigned to the responsible party. But transportation that crosses over water is very different,
indeed. Whenever high gusts of squall wind
came about on the High Seas as merchandise was being shipped from, say, England
to India, then many ships were lost at sea.
No one saw the ship sink, the merchandise is gone for good, the crew is
gone as well, and months and years transpire in silence as a ship that was
expected to arrive in a foreign port never appears. It could have been piracy, a Rogue Wave, or the weather, or that
the captain and crew made off with the boat to the South Pacific, but in any
event, there is no other party to be sued, and no one knows what happened
(there were no radios then). In some
cases, searching expeditions were sent out to look for the lost ship, and so
years would pass between the initial sinking or stealing, and a declaration to
the fact that was accepted by all interested parties.
Question: How do you assign negligence for damages out
on the High Seas? No one saw anything
happen; no one has any evidence that anything happened. Who was at fault, and why?
On
land, assigning fault and making partial recovery by the responsible party is
quite common, but not so out on the High Seas.
So this special marine jurisdiction (and "jurisdiction"
meaning here is simply a special set of rules) was developed organically, piece
by piece and sometimes Case by Case, which grew and developed to limit
liability exposure to the carrier and others, and also minimized the losses
that could be claimed by forcing certain parties to assume risks they don't
have to assume when merchandise is being shipped over land. Also, some of the other special rules
applicable to grievances brought into a Court of Admiralty are that there is no
jury in Admiralty -- never -- everything is handled summarily before a Judge in
chronologically compressed proceedings.
Also, there are no fixed rules of law or evidence (meaning that it is
somewhat like an Administrative Proceeding in the sense that it is a
free-wheeling evidentiary jurisdiction -- anything goes). [383]
[383]=============================================================
In such
a loose evidentiary arena, CIRCUMSTANTIAL EVIDENCE is generally considered the
ultimate form of proof in Maritime and Admiralty litigation matters. Again, this is so by reason of the special
factual setting that Admiralty grievances have their gestation in. For example, in Admiralty such factors as
"seaman status" or unseaworthiness are generally not admitted and
must be demonstrated through a series of logically connecting factors. The only way to demonstrate the existence of
these factors and the conclusions that they have a significant meaning within
the confines of Admiralty Law is through strong proof of circumstantial
evidentiary chains leading to inferences of the various types of status. In COX VS. ESSO SHIPPING [247 F.2nd 629
(1957)], a seaman brought an action for Maritime Tort damages after he fell
twenty feet to the deck of the ship.
The maritime jury was not instructed that it was not Cox's duty to
choose seaworthy equipment (which allegedly caused the fall) or to select good
equipment from bad, but rather under ADMIRALTY JURISPRUDENCE, it was the duty
of the shipowner to select good equipment from bad. By the trial court having improvidently instructed the jury along
such a biased evidentiary skew, failure to explain the special assignments of
negligence liability inherent in ADMIRALTY mandated reversal on appeal. But it was CIRCUMSTANTIAL EVIDENCE that won
the Case.
==============================================================[383]
And so
when limitations of liability were codified this way into the King's Statutes,
this was actually Special Interest Group legislation to benefit insurance
carriers.) [384]
[384]==============================================================
The
insurance companies never change their MODUS OPERANDI in their very successful
manipulative use of legislation to limit the amount of money they have to pay
out on claims. For example, few people
realize it, but here in the United States, up until the early 1950s there were
no commercial nuclear power plants in operation, and none were going to be
built. Reason: No insurance carrier wanted to underwrite
and pay for the potential losses involved if an accident occurred. The insurance companies knew that some day
there would be problems surfacing with one of those nuclear plants -- insurance
companies know risk and risk management better than anyone else on the fact of
this Earth. So electric utilities who
wanted to build nuclear plants, but could find no insurance carrier, acted in
combination with insurance carriers in sponsoring the PRICE-ANDERSON ACT in
Congress, which limited the potential liability of Tort claims of a domestic
nuclear accident to $500,000,000.
[Remember that Tort claims are lawsuits between parties where there is
no contract in effect between the parties to govern the grievance]. See the PRICE-ANDERSON ACT today in Title
42, Section 2210. Had there been no
PRICE-ANDERSON LIMITATIONS OF LIABILITY ACT, there would be no Commercial
nuclear power plants built in the United States. For a brief history of the development of nuclear power in the
United States, see the Supreme Court in DUKE POWER VS. CAROLINA ENVIRONMENTAL
STUDY GROUP, 438 U.S. 59 (1978). The
well-known involvement of the private insurance companies and their influence
on the legislation bringing forth the PRICE-ANDERSON ACT is discussed in DUKE
POWER, starting at page 64, et seq.
=============================================================[384]
Insurance
company risk analysts are brilliant people, and they now know, like they have
always known, exactly what they are doing at all times when sponsoring statutes
that limit the amount of money they have to pay out in claims. [385]
[385]=============================================================
"The
[Federal] Limitations of Liability Act has been applied to even small boats
like outboard motorboats... but the law is... understood and [insurance]
underwriters in particular know exactly what they are dealing with."
- A
report on ADMIRALTY JURISDICTION, UNITED STATES AS A PARTY; FEDERAL QUESTION
JURISDICTION; THREE JUDGE COURTS, [Part II] in Hearings held before the
Judiciary Committee, Subcommittee on Improvements in Judicial Machinery, United
States Senate, 92nd Congress, 2nd Session, discussing Senate Bill 1876, at page
697 (May, 1972).
=============================================================[385]
And due
to the extended time factors that were involved in the shipping of Commerce out
on the High Seas in old England, rules regarding the timeliness of bringing
actions into court, just never fit just right with a ship lost for months or
years before the involved parties even knew about it. So something originated out on the High Seas known as DOUBLE
INSURANCE; which is a general business custom, continuing to be in effect down
to the present time, for carriers to purchase double the value on merchandise
transiting in a marine environment (insuring Commercial merchandise in transit
for twice their cash value), and this insurance doubling was later enforced by
English statutes to be mandatory, due to the "inherent risks
involved." [386]
[386]=============================================================
DOUBLE
INSURANCE means collecting double the premium, but the number of ships lost at
sea did not double, so the claims did not double. The insurance companys' lobbyists were busy behind that
legislation, as they made their descent then on the Parliament in vulture
formation, just like today. BLACK'S LAW
DICTIONARY defines DOUBLE INSURANCE as existing where:
"...the same person is insured by
several insurers separately in respect to the same subject and interest."
- BLACK'S
LAW DICTIONARY, Fifth Edition ["Double Insurance"].
This is
a correct definition of what is known as DOUBLE INSURANCE, but that is not the
DOUBLE INSURANCE once forced on Admiralty carriers in another era (and, of course,
you just don't need to concern yourself with something illicit being pulled off
by an insurance company).
=============================================================[386]
Do you
see the distinction in risk and procedure between Commerce transacted over the
land and Commerce transacted over the High Seas? As we change the situs from land to water, everything changes in
the ability to effectuate a judicial recovery for goods damaged in transit. And everything in Commerce comes into the
Courtroom eventually, so setting down a variety of courtroom rules just custom
tailored to marine business also developed in time, and properly so.
So in
the right geographical place (meaning in the right risk environment), the
application of special marine rules to settle Commercial grievances is quite
appropriate. And insurance, i.e., the
absorption of Commercial risk by an insurance underwriter in exchange for some
cash premiums paid, has always been considered by the Judiciary to be an
Admiralty transaction. In other words,
even though the merchandise is not being shipped over water, and even though
the business insurance policy has absolutely nothing to do with a marine
environment or a physical High Seas setting, the issuance of the policy of
insurance now attaches Admiralty Jurisdiction right then and there. [387]
[387]=============================================================
Such a
seemingly expansive use of Admiralty Jurisdiction initially triggers an
inquisitive attitude questioning such an expansive application of
Admiralty. But the Judiciary is merely
replicating the legal environment out on the High Seas that risk insurance was
born in.
"Polices of insurance are within the
Admiralty Jurisdiction of the United States."
- DELOVIO
VS. BOIT, 7 Federal Cases 418, Case #3776, at page 444 (1815) [that Case also
has a very extensive history of Admiralty Jurisdiction discussed in it].
Consider
the words of Federal District Court Judge Pelag Sprague:
"...I consider the jurisdiction of
the Admiralty over polices of insurance, to be the settled law and practice of
this circuit."
- YOUNGER
VS. GLOUSER MARINE, affirmed on appeal, 2 Curt. C.C. 323; as cited in DECISIONS
OF THE... DISTRICT COURT OF MASSACHUSETTS IN ADMIRALTY AND MARINE CAUSES, 1841-1861
(1854).
=============================================================[387]
And all
persons whose activities in King's Commerce are such that they fall under this
marine-like environment, are into an invisible Admiralty Jurisdiction
Contract. Admiralty Jurisdiction is the
KING'S COMMERCE of the High Seas, and if the King is a party to the sea-based
Commerce (such as by the King having financed your ship, or the ship is
carrying the King's guns), then that Commerce is properly governed by the special
rules applicable to Admiralty Jurisdiction.
But as for that slice of Commerce going on out on the High Seas without
the King as a party, that Commerce is called Maritime Jurisdiction, and so
Maritime is the private Commerce that transpires in a marine environment. At least, that distinction between Admiralty
and Maritime is the way things once were, but no more.
Anyone
who is involved with Admiralty or Maritime activities are always Persons
involved with Commercial activities that fall under the King's Commerce, but
since Admiralty and Maritime are subdivisions of King's Commerce, the reverse
is not always true, i.e., not everyone in King's Commerce is in Admiralty or
Maritime. Admiralty Law Jurisdiction is
a body of legal concepts, international in character, which has its own history
of organic growth concurrent both within the parallel Anglo-American
development of King's Equity and Common Law Jurisdictions, and in addition to
organic growth from outside Anglo-American Law. Admiralty Law has been around for quite some time, and it very
much does have its proper time and place.
Admiralty Jurisdiction goes back quite farther than just recent English
history involving the Magna Carta in 1215; it has its roots in the ancient
codes that the Phoenicians used, and it appears in the Rhodesian Codes as well.
Generally
speaking, Maritime Jurisdiction is the IT HAPPENED OUT ON THE SEA version of
Common Law Jurisdiction and Jury Trials are quite prevalent; Admiralty
Jurisdiction is the IT HAPPENED OUT ON THE SEA version of summary King's Equity
Jurisdiction, and generally features non-Jury Trials to settle grievances (as
Kings have a long history of showing little interest in Juries). [388]
[388]=============================================================
Trial
by Jury has never, ever been a feature of prosecutions held under summary
Admiralty Jurisdiction rules. See:
- UNITED
STATES VS. LAVENGEANCE, 3 U.S. 297 (1796);
- WHELAN
VS. THE UNITED STATES, 711 U.S. 112 (1812);
- THE
SARAH CASE, 21 U.S. 391 (1823).
=============================================================[388]
Just
what grievance should lie under ordinary Civil Law, or should lie under
Admiralty Jurisdiction is often disputed even at the present time, and has
always been disputed. [389]
[389]=============================================================
"...the
precise scope of [American] admiralty jurisdiction is not a matter of obvious
principle or of very accurate history."
- Justice
Holmes in THE BLACKHEATH, 195 U.S. 361 (1904).
=============================================================[389]
Admiralty
Jurisdiction is the KING'S COMMERCE of the High Seas, while Maritime
Jurisdiction could be said to be the COMMON LAW of the High Seas. If you and I (as private parties) entered
into Commercial contracts with each other that has something to do with a
marine setting, that would be a contract in Maritime. If you or I contract in Commerce with the King (such as shipping
his guns across oceans), then such an arrangement would fall under Admiralty
Jurisdiction. This distinction does not
always hold true any more, as lawyers have greatly blurred the distinction by
lumping everything into Admiralty.
[390]
[390]=============================================================
An
exemplification of lawyers simply lumping everything into Admiralty would be a
treatise that teaches lawyers how to do exactly just that: See a huge seven volume set of Admiralty
Jurisdiction practice Law and Rules called BENEDICT ON ADMIRALTY, by Matthew
Bender Publishers in New York City.
(Kept current with frequent updates to subscribers).
=============================================================[390]
This is
why Admiralty is the KING'S COMMERCE of the High Seas and navigable rivers and
lakes (or at least, should be). A
least, that is the way it used to be.
Up until the mid-1800s here in the United States, very frequently
merchants paid off each other in gold coins and company notes, i.e., there was
no monopoly on currency circulation by the King then like there is today. So in the old days, it was infrequent that
the King had an involvement with private Maritime Commerce. And there was an easy-to-see distinction in
effect back then between Maritime Jurisdiction contracts that involved private
parties (or Maritime Torts where neither parties in the grievance are agencies
or instrumentalities of Government) and Admiralty Jurisdiction, which applied
to Commercial contracts where the King was a party. (Remember that Tort Law governs grievances between people where
there is no contract in effect. So if a
longshoreman fell on a dock and broke his leg, his suing the owner of the dock
for negligence in maintaining the dock should be a Maritime Tort Action). However, today in the United States, all
Commercial contracts that private parties enter into with each other that are
under Maritime Jurisdiction, are now also under Admiralty: Reason:
The beneficial use and recirculation of Federal Reserve Notes makes the
King an automatic silent Equity third party to the arrangements.
In
England, which has long been a jurisprudential structure encompassing Maritime
and Admiralty Law, open hostility and tension has flared on occasion regarding
the question of applying a marine based jurisdiction on land. During the reign of King Richard II, there
was a confrontation between inland Equity Jurisdiction Courts and the assertion
of normally sea based Admiralty Jurisdiction Courts. The confrontation resulted in a King's Decree being issued to
settle the grievance. That Decree
provided that:
"The admirals and their deputies
shall not meddle from henceforth of anything done within the realm, but only of
a thing done upon the sea..."
[391]
[391]=============================================================
13
RICHARD II, c.5. (1389)
=============================================================[391]
This
Decree abated the encroachment grievance for the time being, but other
encroachment questions arose later on, because the use of fee based summary
Admiralty Jurisdiction raises revenue for the Judges, and is administratively
quite efficient, and therefore all factors considered, the inherently expansive
nature of Admiralty is quite strong, and as such, Decrees issued by Kings
trying to limit the contours of Admiralty were simply tossed aside and soon
forgotten. So now one meaningless Royal
Decree was soon followed by another:
"...of all manner of contracts,
pleas, and quarrels, and other things arising within the bodies of the counties
as well by land as by [the edge of] water, and also by wreck of the sea, the
admiral's court shall have no manner of cognizance, power, nor jurisdiction;
but all such manner of contracts, pleas, and quarrels, and all other things
rising within the bodies of counties, as well by land as by water, as afore,
and remedied by the laws of the land, and not before nor by the admiral, nor
his lieutenant in any wise." [392]
[392]=============================================================
15
RICHARD II, c.3. (1391)
=============================================================[392]
In the
reign of King James the First, the disputed boundary controversies between the
Courts of Common Law and the Admiralty Jurisdiction Courts continued on, and
"even reached an acute stage."
[393]
[393]=============================================================
The
ENCYCLOPEDIA BRITANNICA, Volume One ["High Court of Admiralty"], page
171 (1929 Edition).
=============================================================[393]
We find
in the second volume of Marsden's SELECT PLEAS IN THE COURT OF ADMIRALTY, and
in Lord Coke's writings [394]
[394]=============================================================
REPORTS,
Part 13, page 51; and COKE'S INSTITUTES, Part IV, Chapter 22.
=============================================================[394]
that
despite an agreement made in 1575 between the justices of the King's Bench and
the judge of Admiralty, the judges of the Common Law Courts successfully
maintained their right to prohibit suits in Admiralty upon contracts that were
made on shore. (Notice who your friends
are: Judges sitting over Common Law
Courts). Other complaints of
encroachment by Courts of Admiralty into land based grievances surfaced during
the rule and reign of King Henry the Fourth.
[395]
[395]=============================================================
This
resulted in his statutes being modified to restrain the expansion of the
Admiralty Courts. See 2 HENRY IV, c.11
(1400).
=============================================================[395]
So,
Admiralty Jurisdiction is by its historical nature an expansive and adhesive
Jurisdiction for Kings to use to accomplish their Royal revenue raising and
administrative cost cutting objectives.
Our
Founding Fathers also had an inappropriate assertion of this expansive
Admiralty Jurisdiction thrown at them from the King of England, which was a
strong contributing reason as to why the American Colonists felt that the King
had lost his rightful jurisdiction to govern the Colonies. [396]
[396]=============================================================
In the
DECLARATION AND RESOLVES OF THE FIRST CONTINENTAL CONGRESS 1774, we find the
following words:
"Whereas, since the close of the last
war, the British parliament, claiming a power of right to bind the people of
America by statute in all cases whatsoever, hath, in some acts expressly
imposed taxes on them, and in others, under various pretenses, but in fact for
the purpose of raising a revenue, hath imposed rates and duties payable in
these colonies, established a board of commissioners with unconstitutional
powers, and extended the jurisdiction of courts of Admiralty not only for
collecting the said duties, but for the trial of causes merely arising within
the body of the county."
- JOURNALS
OF THE FIRST CONTINENTAL CONGRESS, edited by W.C. Ford, Volume I, page 63 et
seq.
=============================================================[396]
Yes,
King George was very much working American Colonial giblets through an
Admiralty Cracker; and so Admiralty has had a long habitual pattern of making
appearances where it does not belong, of creating confrontations, and of being
used as a juristic whore by Kings functioning as Royal pimps: And all for the same identical purpose: To enrich the Crown and nothing else.
This
concept of using Admiralty as a slick tool for Revenue Raising is an important
concept to understand, as this procedure to raise revenue through an invisible
Admiralty Contract is now surfacing in the United States in the very last place
where anyone would think a marine based jurisdictional environment
belongs: On your Internal Revenue
Service's 1040 form, as I will explain later on.
What is
important to understand here is not merely that there has been an expansive
atmosphere of perpetual enlargement of the jurisdictional contours that
characterize Courts of Admiralty that has been in effect for a long time in old
English history, but what is important is why this state of expansion continuously
took place:
"The present obscure and irrational
state of admiralty jurisdiction in America is the consequence of the long feud
between the English common law and admiralty judges, clerks and marshals, who
competed for jurisdiction by fees, not salaries, until 1840. They, therefore, competed for jurisdiction
of profitable litigation between merchants, but were happy to escape
unprofitable cases. In particular, the
common law judges sought exclusive jurisdiction whenever a jury of vicinage
could be empaneled." [397]
[397]=============================================================
A
report on ADMIRALTY JURISDICTION, UNITED STATES AS A PARTY; FEDERAL QUESTION
JURISDICTION; THREE JUDGE COURTS [Part II] in Hearings held before the
Judiciary Committee, Subcommittee on Improvements in Judicial Machinery, United
States Senate, 92nd Congress, 2nd Session, discussing Senate Bill 1876, at page
639 (May, 1972).
=============================================================[397]
So the
reason why King Richard II and the other Kings of England had to keep issuing
out restraining Decrees, to hem in the Admirals with the ever-expanding
jurisdiction that they were assuming, was because those admirals were
financially compensated based on the number and types of Cases they accepted to
rule on -- so they obviously accepted and asserted Admiralty Jurisdiction over
the maximum number of Cases practically possible; and why should they care
about "mere technical details" as to whether or not that grievance
really belonged under Admiralty or not?
Why should they concern themselves with the mere question of
jurisdiction when the more important event of looting a Defendant was so
imminent? Why should they concern
themselves with the comites of limited inter-tribunal jurisdiction when an
operation of banditry was so close at hand?
What the old Admiralty Judges wanted was to savor, experientially, the
conquest of financial enrichment, and with such fee compensated Courts, Admiralty
Judges got what they wanted. Can't you
just hear the old Admiralty Judge now:
"Why, the Plaintiff brought this Case
into my Court, I've got jurisdiction!"
Here in
the 1980s in the United States, have you ever heard this same identical line
when challenging some rubbery little Star Chamber Town Justice on a speeding
ticket? That determined little Justice
of the Peace wants just one thing from you:
Your money. Like the Admiralty
Courts of old England, his little Star Chamber is also fee based. And he represents everything curt, accelerated,
and inconsiderate when ignoring your traffic infraction citation jurisdictional
arguments that was also curt, accelerated, and inconsiderate when fee based
Admiralty Courts assumed jurisdiction on Cases they had no business taking in
1300 A.D.
Those
old Admiralty Courts wanted the self-serving financial enrichment that filing
fees paid by Plaintiffs gave them. And
so in seeking Admiralty Jurisdiction relief, Plaintiffs expected and got quick,
fast, and summary relief. And being
financially compensated the way they were, are you really surprised that
Admiralty Jurisdiction Courts were simply expected by custom to be the
shortest, curtest, most summary, and chronologically most abbreviated form of
adjudication imaginable? Who has time
for a Jury in Admiralty? I can just
hear a poor fellow try to argue rights in an old Admiralty Court back then.
"You want what? You want Due Process in this Court? You want your Magna Carta rights? Ha!
[SNORT] This is Admiralty. Judgment entered in for the Plaintiff. Next Case."
Today
in the United States, just like in those days of King Richard II, there is now
an assertion of Admiralty and Maritime Law going on in places where it does not
belong, and it is now trying to make an appearance where it has no
business. Admiralty Jurisdiction has in
many respects, "come ashore" and now "meddles" with much of
our domestic "realm," as it currently affects almost every element of
our inland Commercial society. Today's
practice of Admiralty and Maritime Jurisdiction is found not only in its
appropriate home in that slice of business of King's Commerce that is going on
out on the seas, but also on the navigable rivers of the United States, as well
as world-wide off-shore well drilling activity. Admiralty Jurisdiction rules are used to settle claims and
grievances regarding cargo, international conventions, financing, banking,
insurance, legislation, navigation, hazardous substances from nuclear power
plants, stevedoring (the unloading of a vessel at a port), and undersea mining
and development. An examination of some
Commercial contracts that aerospace defense contractors enter into with the
Pentagon and each other (from general contractor to subcontractor) reveals slices
of Admiralty very much now in effect.
It is probable that Admiralty Jurisdiction will also surface sometime in
the future to settle Tort claims arising out of the CIA's planting of ICBMs on
the ocean floor up and down the East Coast in the 1960s under instructions from
David Rockefeller, using that ship Howard Hughes built especially for this
purpose, called the GLOMAR EXPLORER.
Every few years since 1977, strange stories have appeared in the news
regarding whales beaching themselves on American coasts. On February 6, 1977, a large number of
whales began beaching themselves at Jacksonville, Florida for no apparent
reason; commentators conjectured that the whales must have lost their sense of
navigation. Soon, 120 whales had
mysteriously beached themselves at Jacksonville. [398]
[398]=============================================================
See the
NEW YORK TIMES ["Rescuers Head Whales Back from Florida Beach"], page
14 (February 7, 1977).
=============================================================[398]
NBC
Television News reported that evening that no autopsies were going to be
performed on the whales, but NBC was fed inaccurate information. When privately dissected by doctors who knew
what to look for, those whales had empty stomachs [meaning that the whales had
not eaten in a while and were sick], and also had heavy plutonium poisoning in
their lungs, originating from one of the undersea missiles leaking plutonium,
located on the seabed 290 miles ESE of Jacksonville, at 30 9.9' North and 77
8.44' West, which is one of those aging CIA underwater ICBM's sites. What the whales were up against was a fungus
like infection that had interfered with their breathing, originating from the
water-born plutonium; and when dragged out back to sea from the Jacksonville
beaches, the whales returned to the beach [negating the "loss of
navigation" theories]. The whales
preferred to die on the beach, rather than carry on life in their underwater
agony. Those beached whales were
collected and buried at the Giren Road Landfill in Jacksonville, Florida, but
today, they should not be forgotten.
Whales are mammals like you and me, and soon, rather than mammalian
whales acting strange (like running up a stream, and refusing to go back into
the ocean) and others trying to die by beaching themselves, people are next;
[399]
[399]=============================================================
Exploratory
plutonium poisoning trials were conducted at the American Legion Convention in
Philadelphia on July 21 to 24, 1976; and as expected by the Gremlins who
administered the poisons through an atmospheric discharge, the symptoms that
surfaced were of a flu-like nature [see ["20 Flu-Like Deaths in Penn Still
A Mystery"] in the NEW YORK TIMES for August 4, 1976, page 1]. The TIMES article noted the puzzling sickness
variation of what appeared to be a flu; but without possessing requisite
background factual knowledge on the invisible high-powered toxicity involved,
the medical doctors stumbled from one erroneous diagnostic conclusion to
another [id., at 1]. [Also note the
Government's selection of patriotic war veterans for their SUB ROSA plutonium
poisoning tests, as opposed to some lesser sub-class of Americans, such as
perhaps convicted felons serving life sentences without parole in a federal
cage somewhere for heinous crimes committed, or perhaps irretrievably insane
occupants of numerous mental hospitals scattered around the countryside. In other words, assume for the moment that
you were in charge of selecting the "test group"; would you select
American war veterans innocently enjoying a convention gathering in
Pennsylvania of their peers, who had previously put their lives on the line for
"god and country," who had served their country honorably and
patriotically? Furthermore, please note
that somewhere, right now, the person or persons responsible for this atrocity,
who are guilty of felonious murder in the First Degree (20 American Legion
veterans were murdered), and/or who were accessories to this multiple murder,
have yet to be brought to justice. Where
is "America's Most Wanted" now?]
=============================================================[399]
and
municipal medical examiners performing autopsies are not oriented to perform
plutonium toxicity density examinations in the cadavers they ponder over, so
the real cause of strange behavior and death will likely be puzzling for a
while. [400]
[400]=============================================================
Very
few American doctors are skilled in recognizing the symptoms of atomic particulate
plutonium poisoning; plutonium is not measurably radioactive in that it does
not radiate ionizing electrons at a rate sufficient to trigger geiger
counters. This type of radiation
toxicity is easily misdiagnosed, and not just for medical reasons, but for
political and LACK OF JUDGMENT reasons stemming from the manipulative
withholding of public information on uncontrolled atmospheric plutonium
distributions by Gremlins. The symptoms
of such ionizing toxicity replicates closely the symptoms associated with a flu
like illness, but since medical doctors are unaware of any public concern for
radiation toxicity, the uncomfortable idea of a THREE MILE ISLAND scenario is
tossed aside by the diagnosing physician, and the more comfortable but
incorrect diagnosis of a hybrid flu-like illness is then substituted in its
place. For a discussion on some of the
uncontrolled atmospheric discharges of radioactive elements in the United
States, see THE MEDICAL BASIS FOR RADIATION ACCIDENT PREPAREDNESS by Hubner and
Fry, Editors [Elsevier-North Holland (1980)], which discusses publicly
suppressed radiodines discharge "accidents" in 1974 and 1978 in New
Jersey, and 1978 in Algeria. And it is
my hunch that other similar radioactive incidents have also occurred worldwide,
with knowledge of the existence of those events also being publicly
sequestered. Bureaucratic Gremlins
nestled in Juristic Institutions have also withheld public dissemination about
radioactive atmospheric contamination originating from the now abandoned Central
Core Vault of the United States Gold Bullion Depository located at Fort Knox
Kentucky, which is leaking radioactive plutonium 239 that the Government
improvidently stored there in 1968.
Folks placing reliance on Government for both radiation accident
recovery assistance as well as deflecting the occurrence of the toxic poisoning
event altogether ar exercising defective judgment -- individual responsibility
is the correct management technique; and, as a point of beginning, factual
knowledge is required. For beneficial
advisory information in this area, see generally ARE YOU RADIOACTIVE? PROTECT YOURSELF by Linda Clark [Devin-Adair
in Old Grenwich, Connecticut (1973); republished by Pyramid Publications in
Moonachie, New Jersey (1974); republished by the Cancer Control Society in Los
Angeles (1977)]. The isochronous
dietary incorporation of potassium iodine is known to manifest great relief
from radioactive poisoning, due to its "sponge" like effect in going
after those determined little plutonium contaminates that home in on your
thyroid gland; and this remains true even though some physicians, speaking
through institutions sponsored by Gremlins, do not want you to take any such
preventative measures [Dr. David Becker, et al., discourages such use in THE
USE OF IODINE AS A THYROIDAL BLOCKING AGENT IN THE EVENT OF A NUCLEAR ACCIDENT,
appearing in 252 Journal of the American Medical Association, at page 659
(August 2, 1984). For a story of the
financial sponsorship of the American Medical Association in the late 1800s by
Gremlin EXTRAORDINAIRE John Rockefeller, Sr., see Volume II of WORLD WITHOUT
CANCER -- THE STORY OF VITAMIN B17 by G. Edward Griffin [American Media, West
Lake Village, California (1980)].]
=============================================================[400]
But
when correctly identified, the King's Admiralty Jurisdiction will be there to
settle those impending claims, as the source of the Tort is juristic. There are a lot more numerous sources of
plutonium now available to contaminate American drinking water supplies than
just some aging undersea missiles, and whatever plutonium cannot slip into your
drinking water by itself, will one day have the liberating assistance of a
terrorist. And it is my conjecture that
when the first hotel is built on the Moon or some other remote astral place,
Admiralty Jurisdiction will be right there to make an appearance when the doors
open. [401]
[401]=============================================================
Admiralty
Jurisdiction has a long term habit of "following" Government around
when new conquests are made. When His
Britannic Highness would conquer a foreign land, Consular Courts of Admiralty
followed His Majesty's conquests to the far corners of the globe. While India was under British colonial rule,
Vice-Admiralty Courts were established in Calcutta, Madras, and Bombay. Similarly in China, Japan and Turkey, while
under British colonial rule, a layer of Admiralty Jurisdiction was smothered on
them. Parliament enacted the Colonial
Courts of Admiralty Act in 1890 to automatically confer Admiralty Jurisdiction
on Civil Jurisdiction Courts, where ever His Highness exercised his dynastic
dominion.
=============================================================[401]
Here in
the contemporary United States, the very first Federal Court ever established
by Congress, was a Court of Admiralty.
[402]
[402]=============================================================
See THE
FIRST FEDERAL COURT by Henry J. Bourguignon [American Philosophical Society,
Philadelphia (1977)].
=============================================================[402]
And so
the use and availability of Admiralty Jurisdiction is deemed very important to
our King; and for the identical same reasons why Admiralty Jurisdiction
organically grew into the most summary, shortest, and swiftest form of
"Justice" imaginable in the old fee based Admiralty Courts: Because the King is financially enriched by
the maximum number of assertions of Admiralty Jurisdiction that he can get. So likewise our King today is being
financially enriched by his expansively asserting "Courts of
Admiralty" where they rightly do not belong. Today in the United States, a King's Agent (some hard working
private contracting Termite who works for the IRS) simply sends a letter to an
Employer stating that a particular Employee's wage deductions are being
disallowed, or this fine is being levied, and the Employer jumps instantly and
sends the money into the IRS without even telling the Employee that the summary
confiscation took place. No opportunity
to be heard in opposition, no expectation of even being heard in opposition to
the Notice, just summary confiscation.
And the more the King confiscates without any Administrative Hearings
preceding the confiscation, the richer the King gets, just like in the old fee
based Admiralty Courts of old England -- so you can just forget about getting
any Contested Case Administrative Hearing on a grievance with the IRS.
The
reason why summary Admiralty Jurisdiction is of concern to us is because our
King is using jurisdiction attachment rules applicable to an Admiralty
Jurisdictional environment to us interior folks out here in the countryside
where Admiralty Jurisdiction does not correctly lie. (The only ordinary land based folks who should properly be under
King's IN PERSONAM Admiralty Jurisdiction are Government Employees (Federal and
state), Military Service personnel, and those who specifically contract into
Admiralty Jurisdiction (such as Employees working for a Defense contractor with
a Security Clearance, and private contractors hired by Government to perform
law enforcement related work)). The
King and the Princes are using Admiralty Jurisprudence reasoning to effectuate
an attachment of Enfranchisement on Natural Persons, by virtue of all Citizens,
so called, being made a Party to the 14th Amendment; well, that is the process
by which Admiralty attaches, however the confluence of reasons why the King so
attaches Admiralty all focuses on just one Royal objective: The King wants your money, and he is going
to hypothecate you, and use invisible contracts in Admiralty to get what he
wants. [403]
[403]=============================================================
When a
Natural Person is "enfranchised," such a PERSON takes upon himself
the status of a corporation, which isn't very much.
"The corporation is an artificial
creation of the state endowed with franchises and privileges of many kinds
which the individual has not."
- The
Wisconsin Supreme Court in THE INCOME TAX CASES, 148 Wisconsin 456, at 515
(1912).
However,
the low status of corporations that numerous Patriots emphasize in status
distinction arguments is actually not that important [meaning, you are not
hitting the nail right on the head], because such a low relational status is
only the net effect of having accepted benefits the state created; and when
benefits conditionally offered by the state are accepted by you, as a human
being, then contracts are in effect and alleged status distinctions are
irrelevant. This is the real meaning of
"enfranchisement" -- a contract is in effect that is largely
invisible -- because juristic benefits carrying taxation hooks on them were
accepted by you. Some of the invisible
juristic benefits that are automatic in corporations are:
"The corporation,... enjoys under our
laws many privileges separate and apart from simply doing business, such for
instance as the legal status to sue and be sued in the Courts of our state,
continuity of business without interruption by death or dissolution, transfer
of property interests by the disposition of the shares of stock, advantages of
business controlled and managed by corporate directors, and the general absence
of individual liability, among others."
- The
Supreme Court of Louisiana in COLONIAL PIPELINE VS. TRAIGLE, 421 U.S. 100, at
106 (1974).
=============================================================[403]
Most
folks think that, well, the 14th Amendment just freed the slaves, or maybe
something noble and righteous like that.
Not so. Every single Amendment
attached to the Constitution after the original Ten in the Bill of Rights, is
in contravention to the original version of 1787 for one reason or another, and
each of the AFTER TEN were sponsored by people -- Gremlins, imps -- operating
with SUB SILENTIO sinister damages intentions.
Under the 14th Amendment, there now lies a state of Debt Hypothecation
on the United States that all Enfranchised persons bear some burden of, [404]
[404]=============================================================
To
hypothecate means generally to pledge assets to someone else, without
delivering either Title or possession of the asset. Debt Hypothecations are sometimes used when the collateral does
not lend itself well to Title or possession security, such as borrowing a
Certificate of Deposit to be held by a bank in your name, when the person who
really owns the money has practical control over it (such as through his
signature on the deposit card). In
contrast, when borrowing money to finance a new car, the Title, so called, is
normally mailed by your regional Prince to be in the possession of the first
lien holder, so car loans are not considered to be Hypothecated Debts.
=============================================================[404]
i.e.,
all citizens who are a Party to the 14th Amendment can be made personally
liable for the payment of the King's debt.
So now when the King comes along with his statutes and claims that,
despite his own 14th Amendment, his Enfranchised subjects are now going to be
limited in their liability profile exposure to national debt, important
financial benefits are being conferred upon Citizens, and the King believes
that Admiralty Jurisdiction, with all of its giblet cracking accoutrements,
attaches right then and there. [405]
[405]=============================================================
An
exemplary accoutrement of what Admiralty Jurisdiction can pull off that Common
Law did not allow, was the summary seizure of property in criminal Cases,
pending a posting of bail by the Defendant:
"Historically, maritime attachment
originated as a means of obtaining by attachment of the defendant's property
the same security for payment of a judgment against the defendant's property
which was obtained by the marshal's body arrest and holding to bail of the
defendant's person. ... Just as when a defendant's body was arrested
in personam, he was required to give bail in order to be released from the
custody of the marshal, so when his body could not be found for such arrest IN
PERSONAM, his property was attached by the marshal and held to bail in the same
way."
- A
report on ADMIRALTY JURISDICTION, UNITED STATES AS A PARTY; FEDERAL QUESTION
JURISDICTION; THREE JUDGE COURTS, [Part II] in Hearings held before the
Judiciary Committee, Subcommittee on Improvements in Judicial Machinery, United
States Senate, 92nd Congress, 2nd Session, discussing Senate Bill 1876, at page
645 (May, 1972).
=============================================================[405]
The
King and the Prince are using twisted logic to justify this assertion of
Admiralty Jurisdiction where it does not belong: Where it belongs is out on the High Seas where it came from. Royalty now believes that the legal
environment of Limited Liability conferred on risk takers sufficiently
replicates the original legal risk environment of Limited Liability that
organically grew up out on the High Seas to be Admiralty Jurisdiction. Remember that Limited Liability itself is a
legal trick of enrichment used by insurance companies as debtors to reduce the
amount of money they have to pay out on claims; yes, Limited Liability is a
marvelous legal tool for the insurance companies to bask in. From the PRICE-ANDERSON ACT that cuts
nuclear power plant losses to the Warsaw Convention that cuts airplane crash
losses, [406]
[406]=============================================================
The
international WARSAW CONVENTION of October, 1929 was ratified by the United
States Senate in June of 1934. Section
21 of that Convention Limits the amount of money air carriers need concern
themselves with on claims payments for Tort damages. And as International Law, it is binding on all courts in the
United States.
=============================================================[406]
from
ADMIRALTY LIMITATIONS ON LIABILITY ACT [407]
[407]=============================================================
Title
46, Section 181 to 183.
=============================================================[407]
on
marine shipping to medical doctors malpractice suits, [408]
[408]=============================================================
In the
mid 1970s, medical doctors in California "went on strike" to protest
high insurance premiums they paid for protection against on medical malpractice
claims thrown at them for Tort damages they worked on their clients (such as
being told to surgically cut out a defective left kidney, and the doctor takes
out the right kidney on the operating table, thus leaving the poor patient with
no kidneys -- surprisingly, mistakes like that are actually quite frequent, and
doctors have no one to snicker at but themselves). Numerous state legislatures enacted statutory limitations on the
amount of money trial courts could award for medical malpractice suits. In California, it was the MICR ACT of 1975,
but those statutory wealth transfer schemes were later declared to be
unconstitutional [see AMERICAN BANK VS. COMMUNITY HOSPITAL, 660 P.2nd 829 (California,
1983), and ARNESON VS. OLSEN, 270 N.W.2nd, 125 (North Dakota, 1978)].
=============================================================[408]
Limited
Liability is nothing more than a brilliant wealth transfer instrument for
Special Interest Groups to bask in, and all very neatly accomplished through
the use of statutes. [409]
[409]=============================================================
Limited
Liability for Tort claims is very much a marvelous tool for insurance carriers
to amass wealth through; but there is always a pathetic footnote to be told
when Special Interest Groups reign supreme in the corridors of
Legislatures. For a sad discussion on
the legislative massaging by insurance company produced statutes mandating the
Limited Liability of Tort claims for damages from airplane crashes, has relaxed
both the level of safety interest by insurance carriers in the airplane
products that they insure, as well as also diminishing economic incentives by
the airlines themselves for safer operations (particularly in TCA's), see IS THIS
ANY WAY TO RUN AN AIRLINE? by Robert Poole, 10 Reason Magazine 18 (January,
1979).
=============================================================[409]
So in a
limited sense, the legal environment of Admiralty Jurisdiction could be
properly said to apply to any Commercial setting where a debtor owes money to
other people as risk insurance, with the amount of debt payable by the risk
insurance carrier being artificially lowered by statutory Limitations of
Liability. The true origin of the
adhesive attachment of ADMIRALTY JURISDICTION (which is just legal procedure)
lies in the existence of invisible contracts that are in effect, with the
contracts being of such a maritime nature that grievances arising from them are
settled pursuant to Admiralty Jurisdiction rules.
Let us
be objective like an umpire or a judge for a moment, and stop thinking in terms
of what we want and don't want for ourselves, so we can Open our Eyes to see
what is really there, by trying to view things from the perspective of an adversary. [410]
[410]=============================================================
Remember
that throughout Life, in all factual settings, always try to evaluate the
position of the other party with an open mind; quite often we will find that
the other party has a strong case and that there has been some error in our
reasoning or standing. No, it is not an
easy procedure to be objective; the snickering by a Protester of what is being
viewed in the Courtroom [of a judge throwing one successive retortional
snortation after another at the Protester, seemingly ventilating expressions of
philosophical discomfort with the arguments and the position of defiance taken
by the Protester] -- snickering at the judge is much easier than adopting the
following procedure into our MODUS OPERANDI:
Maybe let us assume, just for a moment, that we are in fact not correct
when trying to weasel out of WILLFUL FAILURE TO FILE and correlative traffic
ticket scenarios where invisible contracts actually govern the grievance (as I
will explain later). Rather than
adopting the MODUS OPERANDI of a Protester by the presumption he is right, and
that the judge is a moronic Commie pinko philosophically opposed to the defiant
political position being taken by the Protester, let us assume, just for a
moment, that the expressions of judicial ensnortment being thrown at us might
originate with something else. Maybe,
just maybe, the snortations from on high are actually the final stages of
judicial expressions of discontentment, with our own argument error, and the
incorrect position we are taking, and might not originate with the political
overtones associated with the philosophical position of our naked defiance -- a
defiance exhibited in areas very few people would dare to defy. Let us enlarge the basis of factual
knowledge that we are using to exercise judgment on and to form conclusions
with, by adopting a new MODUS OPERANDI:
By taking the judge's snortations under advisement at first, and asking
ourselves a series of deep probing questions to try and enlarge the factual
picture we are viewing. Let's try out
this new MODUS OPERANDI on the following news article. Like the scene in the Courtroom we will only
initially accept what is presented to us as a point of beginning and take it in
under advisement, and we will not arrive at a conclusion until after we have
asked ourselves several deep probing questions:
"A TANK IN THE PARKING
LOT"
"Many obscure imports have made their
way through Baltimore's port, but this one was a true rarity: a Soviet T-54 tank. It was discovered last week near Pier 10,
perched on top of a flat bed trailer in the parking lot of a farm-supply
company. Not quite sure just why the
tank was there, a specially equipped unit of the Baltimore police force
dismantled the T-54's two .250 caliber machine guns and carted them off for
safekeeping while they searched for the owner.
A call to nearby Fort Meade did nothing to clear up the mystery. Eventually, the truck driver responsible for
the tank called the police to report two stolen machine guns.
"The tank, of 1950s vintage, belong
to the Egyptian army and had been transported to Baltimore on the U.S. barge
LASH ATLANTICO on its way to Teledyne Continental Motors in Muskegon, Michigan
for repairs and rebuilding. The driver
parked the T-54 for more than a week while he went off in search of a special
permit to transport the overweight load on Maryland's roads. In the end, the police returned the guns,
and the tank continued its decades-long voyage from Moscow to Muskegon."
- This
news article on the tank was extracted verbatim in its full text from TIME
MAGAZINE ["A Tank in the Parking Lot"], page 23 (May 6, 1985); That
article is Copyright (c) 1985 Time-Life, Inc.
Next to this news article, there appears a photograph of the huge tank,
sitting on top of a tractor-trailer's flatbed.]
If in
reading that news article while leafing through TIME MAGAZINE we adopted the
MODUS OPERANDI of Protesters, we would then exercise our judgment and come to
our conclusions based largely on the information immediately presented to us in
the news article; so, with this interesting story on how the Baltimore police
quickly grabbed some guns from a tank on its way to Michigan -- we would
conclude that, well, it is rather obvious that the police acted properly,
decisively, boldly, and exercised good judgment in returning the guns to the
tank after they straightened out everything.
Gee, that was pretty good work on their part -- so let's turn the page
and see what else is going on in the world.
...To
most folks reading that article, that was the typical reaction; here is an old
tank in Baltimore going through its foibles and headaches just trying to get to
Michigan -- but it is also the same caliber of judgment that a Tax Protester
exercises his decisions and conclusions on, digesting largely only that slice
of factual information that is immediately presented to the Protester to feed
his intellectual judgments and opinions.
And the Tax Protester replicates the MODUS OPERANDI of the general
public by simply accepting the factual picture that is presented to them -- by
the Protester in the ensnortment tornado of a Courtroom, and by the general
public in the coziness of their living room reading some news article. In both settings, no probing or deeper
questions were asked, and no hypothetical WHAT IF scenarios were entertained
[hmmm, WHAT IF maybe the judge is right?].
And so as a result, the general American state of political ensleepment
continues on, accepting comforting reassurances from news articles that the
police are alert, on their toes, and that all is well, and indifferent to the
possibility that termites are running the house in Washington; just like the
Protester continues on in argument error from one WILLFUL FAILURE TO FILE
courtroom to a traffic ticket courtroom, indifferent to the possibility that
invisible contracts govern the grievance and that he is not entitled to prevail
for any reason [except for the several technical reasons protesters frequently
win on, such as WANT OF JURISDICTION, the COUNSEL QUESTION, etc., that are not
related to the merits of the grievance itself].
...So
let us now reread the story of the tank once again, but this time, things will
be different -- because this time we are going to start asking ourselves a few
probing and razor sharp questions:
1. The
first and only question that I would like to ask is: Why is a tank, manufactured in Russia, and now owned by Egypt,
being freighted and transported halfway around the world -- shipped literally
to the other side of the globe -- to have some mechanical work done on it; sent
to a factory located in one of the most expensive hourly labor cost nations on
Earth, sent to a factory that did not manufacture this tank; why is Egypt
willing to spend the $20,000 or so to get the tank to Michigan, spend the big
bucks to have the work done here, and then spend another $20,000 or so in
freight to get the tank sent back to Egypt?
...That
is the Question I want some answers to.
Simple COMMON SENSE is telling me that whatever mechanical and machining
work that needs to be done, can be done in Egypt. Have you ever been to Alexandria or Cairo, Mr. May? Even if you have not, you should still be
ordinarily aware of the fact that Egypt has, at a minimum, SEVERAL HUNDRED
THOUSAND cars, trucks, and other motor vehicles on its streets, and that a very
large pool of mechanical talent exists locally to repair and re-machine parts
for all types of vehicles. Do people in
Egypt send their Datsuns back to Japan to remachine the transmission? Does Frank May, living in New Jersey, send
his MERCEDES-BENZ to Australia or South America for repairs? Even discontinued automobiles, such as
STUDEBAKERS, PIERCE-ARROWS, and PACKARDS are not sent to Australia for even
total restoration jobs or mechanical work -- New Jersey has quite a pool of
such shops right then and there. A
MERCEDES-BENZ would never be sent to Australia from New Jersey, except for very
special reasons, and ordinary mechanical work is not a special reason. The reason why such long voyages are not
undertaken for work on heavy vehicles is because of the ridiculous freight
charges incurred, and simple lack of necessity to do so by reason of very
competent local situs talent. So the
Question is begging: Why did Egypt send
that tank to the other side of the planet -- to Michigan -- for repairs? Let us say, just for a moment, that the tank
talked about was a very highly complex machine that required the maintenance
attention of specially factory trained experts [which was not the case with a
tank out of the 1950s -- those tanks had no more back then than an engine, a
unique transmission, and firing power]; great, let's say that technical
expertise was required -- but that still does not answer the question: Why was that tank sent to Michigan for
repairs instead of anywhere else in the Middle East or the Mediterranean Coast
-- or even Russia itself where the tank was manufactured?
...We
find the ANSWER to this QUESTION the same way that the Protester would find the
Answer to his Question: Why is this
judge snorting at me?
The
Protester needs to ask himself a hypothetical Question: What if I am wrong for some reason I don't
know of? But Protesters never ask that
Question -- his tremendous volume of Tort Law arguments and of Case Law from
another era is staggering and impressive, and the mere possibility that error
might be present in the defiant position being taken, because of something
invisible controlling the grievance that he is unaware of, is not even being
considered. Unlike the Protester, we
will now consider the possibility that factual elements governing Egypt's
motive in sending that tank to the other side of the globe for repairs were not
presented to us in that news article; and we will now consider the possibility
that the factual picture presented to us is distorted slightly (although not
necessarily intentionally by the news media's reporters who wrote the article).
...The
reason why the tank was transported from one side of the planet to the other
side, from Egypt to Michigan [if in fact the tank even originated in Egypt],
the reason why someone was willing to spend those big bucks just to get the
tank here, is because that Russian tank is on a special trip: On a one-way trip into the United States,
and not for the cover story of its needing mechanical repairs. That tank will never leave the United
States. When that tank is finally at
its home somewhere in the United States, it will be hidden away in some barn,
some warehouse, some garage, or some old industrial building converted into an
AD HOC Russian military storage depot.
This author has photographs of other Russian military hardware sitting
inside American army bases; generally that hardware is stored behind fenced
areas. The word sent around the base is
that those Russian tanks "...were captured somewhere," when in fact
they are literally brand new and are stored here very much with not only
Russian consent, but with Russian supervision as well.
This
tank in TIME MAGAZINE is waiting for a great and grand Russian Day to appear,
that long awaited Russian Day of conquest, when along with the other extensive
hardware that has been slowly and quietly smuggled into the United States over
a 20 to 30-year time period, it will be brought forth out into the open in some
variation of a RED DAWN attack on the United States [a provoked attack based
partially on military hardware already sitting at its final destination inside
the United States], to bring about the great Bolshevik objective of merging the
United States with Russia. Yes, Russian
intellectual element of conquest are involved here, as the quick lock down of
American military installations will be justified to the world at that time as
being necessary to prevent a nuclear war -- when in fact the political
sponsorship of a Patriot to the Presidency would accomplish the same thing
under less intensive circumstances.
The
Russian strategy for North American conquest, through the slow accumulation of
a handful of tanks, personnel carriers, and jeeps each week, is a brilliant
strategic move that the Bolshevik Gremlins are now controlling the American
House in Washington want to see occur, even though those Gremlins in Washington
are the very targets Russia is really going after. That's right, the tank described in that news article will never
leave the United States -- until, at least, it has first been used offensively
in military operations against the United States.
...Yes,
that tank is on a one-way trip into the United States [if in fact it ever gets
to Teledyne Continental]. See what
happens when we accept information presented to us, and take it in under
advisement, holding its acceptance out in abeyance as a point of reference,
until we first ask ourselves some peripheral questions about it from several
different view points? What happens
when asking ourselves deeper questions than was presented to us, is that great
Truths come forward to us, are appreciated by us, and our Eyes are Opened. This is a procedure that should be followed
in all settings -- business, commerce, work, school, family life, everything --
and particularly in ecclesiastical settings, as we ask ourselves a sequence of
the single most important Questions that could ever be asked down here: WHO AM I?
WHAT AM I DOING HERE? WHERE AM I
GOING?
...The
Answer is that you are literally, Mr. May, the offspring of Celestial Beings,
and that a germ of Deity dwells within you -- THAT IS WHO YOU ARE. You were brought forth into this world
bristling full of Gremlins and their intrigues from the presence of your Father
in Heaven -- THAT IS WHAT YOU ARE DOING HERE.
The correct procedure to return to Father's presence once again is to
take seriously His advice He once gave you in the First Estate when we were all
then speaking His angelic language:
Enter into Covenants with me, be proven in all things, and a
successively ever enlarging number of planets and offspring will be yours
[remember that Contracts draw lines which enable behavior to be measured and
tested against; Tort indicia places facts on continuum measuring the absence,
presence, and extent of damages. I
personally would not want to get involved with a God who was fixated on the
mere absence of damages] -- THAT IS WHERE YOU ARE GOING.
=============================================================[410]
If we
could lay aside, just for a moment, the presumption by many that judges are
Fifth Column pinkos and are otherwise morons, and now examine the King's
reasoning on Admiralty Jurisdiction attachment (that his Title 46 statutes have
Limited the Liability that Enfranchised Persons have encumbered themselves into
through the 14th Amendment), then unfortunately for Protesters, we find that
there is some merit to the King's contentions, and the reason is because
special financial benefits are being accepted by Enfranchised Persons, and so
now an invisible contract is in effect, with the result being that if a
grievance comes to pass on the contract, somewhat unpleasant Admiralty
settlement rules will prevail. [411]
[411]=============================================================
"Trials
[in Admiralty Jurisdiction]... take place without the intervention of a jury,
and without any fixed rules of law or evidence. The rules on which offenses are to be heard and determined... are
such rules and regulations as the President... shall prescribe. No previous presentment is required, nor any
indictment charging the commission of a crime against the laws; but the trial
must proceed on charges and specifications.
The punishment will be -- not what the law declares, but such as an
[Admiral] may think proper..."
- President
Andrew Jackson in the CONGRESSIONAL GLOBE, 39th Congress, 1st Session, page 916
(February, 1866).
=============================================================[411]
[When I was first told about the story of
the 14th Amendment, I was told a story by numerous people and groups, who
should know better, that parents can bind their offspring into Equity
Jurisdiction relationships with Royalty; and I heard this same line of
reasoning from numerous different sources.
When I heard that line, I tossed it aside as a brazen piece of
foolishness; the idea of having parents assign debt liability to their offspring
by evidence of a Birth Certificate was then, and now remains, as utter
foolishness. I was correct in my
ideological rebuffment of that line of liability reasoning, as one person
cannot bind another absent a grant of agency jurisdiction. But later through a Federal Judge I realized
that there are special financial benefits that persons documented as being
politically Enfranchised at birth experience later on as adults when they are
being shaken down for a smooth Federal looting; and it is this acceptance of
benefits as adults, in the context of reciprocity being expected back in
return, that attaches contract tax liability, and not the existence of a Birth
Certificate document itself. This
concept some folks propagate -- that we are locked into juristic contracts by
our parents since it is the parents who have caused the Birth Certificate to be
recorded -- is not correct: As a point
of beginning, one person cannot bind another.
But most importantly, all the Birth Certificate and correlative
documents in the world will not separate a dime in taxation from you until such
time as you, individually, and personally, have started to accept juristic
benefits. The Law does not operate on
paper; what is on paper is a statement of the Law, but that does not trigger
the operation of the Law. All the documents
with Royalty in the world will not separate a dime from you, until juristic
benefits have been accepted by you out in the practical setting. In a sense, Birth Certificates can be
properly construed as documents evidencing your entitlement to RIGHTS OF
FRANCHISE, if you decide to exercise those rights later on when you come of
age, but the reciprocal taxation liability Enfranchised folks take upon
themselves occurs by operation of contract -- the invisible contracts that
quietly slip into gear whenever juristic benefits are being accepted: Now, here, today -- and by you, personally
and individually. The relational status
of your parents to Government, past and present, is an irrelevant factor BIRTH
CERTIFICATE PUSHERS are incorrectly assigning significance to. Those who warned me of the adhesive Equity
tentacles of the 14th Amendment were absolutely correct in their conclusory
observations of the effects of the 14th Amendment, but they were incorrect in
their views that liability singly attaches by reason of the existence of a
Birth Certificate document that their parents caused to be created. By the time you are finished with this
Letter, you will understand why written Documents, of and by themselves, mean
absolutely nothing -- as it is the existence of Consideration [benefits]
experienced or rejected out in the practical setting that attaches and severs
liability, and the written Document or statement of the contract itself is
unimportant for liability determination purposes -- and for good reasons: Because the Law operates out in the
practical setting and not on paper, of and by itself; to say that the Law
cannot operate except if on paper is to say in reverse that if there is no
paper, there is no Law. Not
understanding the significance of that Principle will render yourself prone to
error in your thinking.] [412]
[412]=============================================================
For
example, when benefits have been accepted in the context of reciprocity being
expected in return, then there lies a contract; and where no Consideration
[benefits exchanged] is evident on the record, then the contract collapses in
front of a judge (FAILURE OF CONSIDERATION).
To show you just how improper it is to rely on documents for anything of
significance in the area of attaching liability, remember earlier, when I
talked about the Taxable Franchise of Social Security, and of Justiciability, I
spoke of an Affidavit [document] I filed admitting to an utterly heinous
agricultural crime I had committed. But
as I mentioned, the police could do nothing without any collaborating evidence
obtained from out in the practical setting that a crime had in fact been
committed. Yes, Nature does operate out
in the practical setting, and to understand Nature is to understand the Law in
all settings.
...Incidentally,
when we shift from a worldly setting over to a Heavenly setting, nothing
changes either. When entering into
Contracts with Heavenly Father down here, it will be emphasized to you over and
over again that the promissory Blessings [benefits] from On High contained
within the Contract are conditional, and that the facial Contract itself that
you just entered into means nothing; and that it is what you do with that
Contract out in the practical setting that means everything.
=============================================================[412]
Having
your Debt Liability Limited by statute is a very real and tangible benefit that
inures to all such named Enfranchised debtors (imagine being an insurance
company, and having to pay out only 80% of your claims -- you then get to
pocket the 20% that the statutes restrained your policy holders from
collecting); the fact that, in examining your own individual circumstances, you
cannot assign any substantive financial significance to it isn't anything the
King is going to concern himself with.
And insurance companies are prime examples of the institutionalized use
of this marvelous legal tool to enrich themselves, and they are also prime
examples of just how really valuable a Limitation on Liability really is. Remember that when benefits are being
accepted in the context of reciprocity being expected back in return, then
there lies a good tight contract. If,
for example, you are an insurance company, and your average losses for claims
under homeowner's policies is $100,000, and the King comes along and declares
that henceforth, the maximum claim anyone can make in his Kingdom against an
insurance company for damages experienced by homeowners is $95,000, then those
insurance companies very much did experience a very real, legitimate cash
benefit; and so it is now morally correct for the King to participate in taxing
the profits the insurance companies made for this reason alone, as the King
very much assisted in enriching those insurance companies by decreasing their
cash expenditures. Neither it is
immoral for the King to enact statutes that enrich some Gameplayers in Commerce
while simultaneously perfecting the Enscrewment of others, as remember that
entrance into the closed private domain of King's Commerce is purely
voluntary. [413]
[413]=============================================================
At
least entrance should be and is theoretically so. This is why that if, for any reason, the Supreme Court upholds
the Income Tax grab on a properly document involuntary DE MINIMIS participant
in King's Commerce (who timely waived, rejected and refused all Commercial and
political benefits), then we will turn away from dealing with the King out of
the barrel of a fountain pen, and start to deal with the King out of the barrel
of a gun.
=============================================================[413]
So do
you see what a well worded statute can do?
...invisible political benefits accepted get converted into a gusher of
cash for the King, to be used as a wealth transfer instrument by Special
Interest Groups. The more numerous the
number of wealth transfer instruments the King can create, the more he can
correctly justify before the eyes of the Judiciary taxing certain Persons who
financially benefit from the statutory GRAB AND GIVE scheme. [414]
[414]=============================================================
"Does
history repeat itself? Yes. Today, the term SECURITY is best defined in
the promises of economic kings and politicians in the form of doles, grants,
and subsidies made for the purpose of perpetuating themselves in public office,
and at the same time depleting the resources of the people and the treasury of
the nation. The word SECURITY is being
used as an implement of political expediency, and the end results will be the
loss of freedom, and temporal and spiritual bankruptcy. [Throughout this Letter, other examples will
be presented showing how the violation of Principles will always produce
adverse secondary consequences, with the true seminal point of causality
remaining latent, elusive, and obscured].
We have those among us who are calling for an economic king, and the
voice of the king replies in promises wherein the individual is guaranteed relief
from the mandate given to Adam:
'In the sweat of thy face thou eat bread.'
"Disobedience
to this mandate involves the penalty of loss of free agency and individuality,
and the dissolution of the resources of the individual. These economic rulers have advocated, and do
practice, a vicious procedure called the LEVELING DOWN PROCESS which takes from
one man who has achieved and distributes to those who are not willing to put
forth like effort. Taxation is the means
through which this LEVELING DOWN PROCESS is implemented. Taxes in the United States during the last
decade have increased five hundred percent.
If such increases continue, it will mean final confiscation of the property
of the people.
"A
clear cut example of the promises of economic kings to the people, with all of
the penalties involved, stands out in the case of Great Britain. Great Britain, with fifty years of rule over
the Seas of the Earth, the Sun never setting on her Empire, finds herself now
in a convulsion of spiritual, political, and temporal bankruptcy. She has a king, but he is merely a symbol of
her past greatness; but the people, like those of Israel, cried for a new king,
an economic king, and the king has responded with the rule of dictatorship,
bringing deterioration to the character of the individual, loss of ambition,
freedom, individual progress through the right to work when and where he would,
and regimentation. The people are
forced to heed the call and feel the iron hand of the dictator. Above all, they have lost their free
agency. The British people are but mere
cogs in the great machine of socialism.
The state is paramount; the citizen has been subdued. Their resources have been absorbed, the
treasury of the government has been depleted, and had it not been for the
generosity of this great republic, where a few of the fundamentals of freedom,
personal initiative, and free enterprise remain, Great Britain would have been
but a memory. Just as was in Israel, so
would it be with Great Britain -- dissension, division, and communistic
captivity.
"What
does this mean to you and me? We have
those among us, too, who over the years have cried for a controlled
economy. We have those among us who
give succor and support to such a plan, which plan of controlled economy involves
the same theories and false philosophies that ruined Israel and are now
destroying Great Britain. Economic
kings have responded to the call of some people, promising them security
against want for their votes. In the
attempt to meet the desires of these people, the treasury of this great nation
is being depleted, and it covers deficit spending with promissory notes. Expansion of this disastrous policy will
deprive American citizens of their God-given freedom, the right to work when
and where they will, freedom of speech, freedom of the press -- and who knows
but what some day the right to worship God according to the dictates of one's
conscience may be taken away. It is
destroying, and will continue to destroy, the very fundamentals upon which this
nation and its people have found prosperity and genuine security. These are not idle words, but the counsel
and the words of the Lord as they have been revealed to this nation through
Prophets and the Founding Fathers of this great Republic. For one hundred and twenty years modern day
Samuels have pleaded with the people to preserve the fundamentals of temporal
and spiritual security by being obedient to the Gospel, through work, being
thrifty and staying out of debt, and above all to conserve our resources to
provide temporal security during periods of sickness, unemployment, and the
days of old age. This people has been
taught by the Prophets of God that to waste the bounties of Earth is a sin, and
surely there is a penalty therefor. The
Lord cannot bless an individual or a nation with the bounties of the Earth and
have that individual or nation deliberately and wantonly waste them, without
the law of retribution of want and famine being imposed.
"Economic
kings have advocated the doctrine that those in distress should be provided for
abundantly with no obligations on the part of the recipients, but the Lord has
revealed through his Prophets a great welfare plan which does not rob
individuals in distress of their freedom, personal initiative, and the right to
work. In the welfare program [of the
Church] the individual is the objective, and through the generosity and
cooperative efforts of the membership of the Church, the individual is assured
of temporal security, not as a dole or a gift, but as a bridge to cover the gap
of unemployment or illness until the individual can again stand on his own feet
and work out his temporal security. It
is required of him that during this period of assistance from the welfare
program he shall give freely of his labor, if physically fit, in the production
of the things he needs, and out of it becomes one of the independent sons of
the Lord, having notably received but having also given."
- Joseph
B. Wirthlin in CONFERENCE REPORTS, at page 134 (April, 1950).
=============================================================[414]
In your
Case as a benefit acceptant Enfranchised Person under the 14th Amendment, if
your share of the National Debt is $250,000, and the King comes along and
slices off $150,000 from that Debt, so your exposure is now $100,000, then did
the King just give you a benefit?
Certainly he did, and it is now morally correct for the King to
participate in taxing the gain he participated in creating, just like he did
with insurance companies. If in your
business judgment throwing half of your annual income out the window to the
King for these paltry artificial political debt liability limitations is just
not worth the large percentage tax grab the King demands year in and year out
without letup, then that is a business judgment you need to make; and that
business question is not a question that a Federal Judge can or should come to
grips with in the midst of some Title 26 enforcement prosecution, after you
previously accepted the King's Commercial benefits, and now for some
philosophically oriented political reason, you don't feel like reciprocating by
paying the invisible benefits that you previously received under an Admiralty
contract. [415]
[415]=============================================================
If you
have a Lease contract as a Tenant with your Landlord to occupy his premises and
pay him rent, then is it correct and provident that you could withhold rent
from him because one night you saw that Landlord of yours defile himself at a
bar downtown by spending your money and his strength on a pair of harlots? No, it is not, and your excuses and
arguments not to honor the Lease contract is foolishness and will be summarily
ignored by all judges from your local justice courts clear up to the Supreme
Court. What your Landlord does with his
money after you give it to him through an operation of that Lease contract is
his business and none of yours, and what the King does with his money once he
has his hands on it is also his own business.
[All Internal Income Tax Revenue collected is turned over to the Federal
Reserve Board as payment on the National Debt]. The unfairness of the Landlord to demand and get high rents he
doesn't really need, and then to turn around and throw the money out the window
on harlots, just like the King throwing his money out the window to Poland and
to looters throughout the rest of the world... this unfairness that eats and
gnaws at you, is a Tort Law fairness rationalization, and has no business in a
Leasehold Tenant Eviction proceeding in your local municipal court, and has no
business in a WILLFUL FAILURE TO FILE action in a Federal District Court, as
both are contract enforcement actions.
Defenses and arguments made in a Contract Law judgment setting are
necessarily very narrowly construed; background factual elements not contained
in the contract are relevant only to the extent that they influence a clause in
the contract that is presented to a court for a ruling. And absent unusual circumstances, only the
content of the contract is going to be discussed in any courtroom; just like
only the content of your Contracts with Father will be discussed at the Last
Day and rationalizations sounding in the Tort of EQUALITY like this one will be
ignored:
"Oh, yes Father -- I accepted Jesus
Christ, and I was just as good as anyone else."
=============================================================[415]
Here in
New York State, the regional Prince in 1984 became the first American Prince to
enact statutes requiring the use of seat belts by all motorists driving on HIS
highways. This statute was openly
announced as being designed to cut the hospital costs of accident victims
(meaning, to limit the liability exposure of insurance company claims by
reducing the amount of cash they spend on each hospitalization claim while
collecting the same amount of annual motorist insurance premiums). Here in Rochester, New York, numerous
insurance companies ran large newspaper advertisements at the time encouraging
the enactment of the Seat Belt statute.
I have examined the lobbyists' material that was distributed to State
Legislators in 1984 on this issue; they were presented with an impressive array
of the history of similar statutes enacted in over 90 foreign jurisdictions
world wide to justify their proposed statute in New York State -- yes, where
high-powered money is at stake, there will be high-powered research and
documentation.
You may
very well resent this GRAB AND GIVE environment that is designed to enrich the
King while perfecting your Enscrewment in the practical setting, but if you do
voluntarily participate in the Enrichment Game of King's Commerce, then your
resentment for being cornered in on the GRAB side of this wealth transfer game,
and your Tort Law arguments of unfairness centered around that resentment,
means absolutely nothing to any judge at any time for any reason. But what if you are different? What if you don't voluntarily participate in
Commerce? What if you filed timely
objections, and have refused and rejected all Commercial benefits? Now what?
The
reason why the King entertains this Admiralty "Limitation of
Liability" Jurisdictional attachment reasoning goes back into the Civil
War days of the 1800s, when a Special Interest Group, perhaps a bit
overzealous, exerted strong controlling dominance in the Congress and announced
that they had effectuated the ratification of the 14th Amendment, in order to
"correct the injustice" from the Supreme Court's DRED SCOTT Case,
[416]
[416]=============================================================
DRED
SCOTT VS. SANFORD, 60 U.S. 393 (1856).
=============================================================[416]
and its
majestic restrainment on the Congress not to forcibly attach Equity
Jurisdiction on individuals absent a Grant of Jurisdiction to do so
(Citizenship is Equity Jurisdiction, and the casting of Blacks (or anyone else)
into King's Equity Jurisdiction relational settings without the requisite
initiating Charter jurisdictional authority being there, is null and
void). The reasoning the Supreme Court
used to rule on in DRED SCOTT was quite correct; but unfortunately for
political reasons, it caused its correct reasoning to be related to persons who
are Blacks instead of persons carrying other minority demographic
characteristics, such as blue eyes.
[417]
[417]=============================================================
I once
told a state judge that I was demanding my minority rights. He looked at me and snorted something, and
so I quoted the state statute which granted a right given to generic
minorities, without any qualification of just what a MINORITY was. So I brought in some statistics to prove
that people with blue eyes are a demographic minority in the United States, and
that therefore I was redemanding my minority rights. [Those minority statutes of rights and special hand out grants
are quite flaky; they are structurally improvident, bearing no intrinsic
relationship to Nature, and are, and have always been, a Special Interest Group
political payoff to either buy or retain votes, power, and money. But state statutes are not designed or
intended to be conformal with Nature or manifest even a quasi-rational basis: Citizenship is like joining a Country Club,
as I will explain in the next section on CITIZENSHIP, so house rules that
operate to favor some class of persons while harming others are largely viewed
by the Federal Judiciary as being just part of the game (just like a Country
Club's Board of Governors decision to name Tuesday as being LADY'S DAY on the
back 18 holes; no, it isn't fair to you men when Tuesday is your only day off
from work and you want to use the back 18 holes then, but the Tort of
unfairness is not relevant as long as you are a MEMBER, because a contract is in
effect).]
=============================================================[417]
And so
although the pronouncements of Law in DRED SCOTT are quite accurate, the
factual setting was twisted around just enough to cause those poor downtrodden
Blacks to be pictured on the wrong side of the practical issue, and so the DRED
SCOTT Case became a tool used by politicians seeking a hot issue to enrich
their own fortunes. [418]
[418]=============================================================
See
generally:
- Joseph
James in THE FRAMING OF THE 14TH AMENDMENT [University of Illinois Press,
Urbana (1956)];
- Phillip
Paludian in A COVENANT WITH DEATH [University of Illinois Press, Urbana
(1975)];
- Thomas
Cooley in CHANGES IN THE BALANCE OF GOVERNMENTAL POWERS, AN ADDRESS TO THE LAW
STUDENTS AT MICHIGAN UNIVERSITY [Douglas and Company, Ann Arbor (March, 1878)];
- Howard
Graham in OUR "DECLARATORY" FOURTEENTH AMENDMENT, 7 Stanford Law
Review, at 3 (September, 1954).
=============================================================[418]
But
substitute some other demographic feature of people for Blacks, and the DRED
SCOTT Case would have been ignored.
[419]
[419]=============================================================
Abraham
Lincoln was also dragged into this DRED SCOTT controversy; on June 26, 1857,
Abraham Lincoln found himself divided on the DRED SCOTT CASE -- it was one of
those difficult factual settings where no matter what was said or done, you
could only be viewed as being wrong. He
suggested on that day in Springville, Illinois that the rulings of the United
States Court do not create binding obligations on the two political branches of
Government. This was a risky
philosophical position for Lincoln to take; DRED SCOTT effectively repudiated the
Principles upon which Lincoln's new REPUBLICAN PARTY rested; and Lincoln
exposed himself to the charge of "attempting to bring the Supreme Court
into disrepute among the people" [the charge was thrown at Lincoln by
Steven A. Douglas in the course of his Fifth Debate with Abraham Lincoln on
October 7, 1857]. See Gary Jacobson in
ABRAHAM LINCOLN ON THIS QUESTION OF JUDICIAL AUTHORITY: THE THEORY OF A
CONSTITUTIONAL ASPIRATION in 36 Western Political Quarterly, at 52 (March,
1983).
=============================================================[419]
The
DRED SCOTT CASE ruled that African races, even though freed as slaves by
President Lincoln, and freed again from being slaves by the 13th Amendment,
still could not be placed into that high and unique lofty political status
called Citizen, with all of the rights, privileges, benefits and immunities
that Citizens have: Because Congress
was never given the Jurisdiction to do so, and the reason has to do with the
original intentions of the Founding Fathers in 1787 to create a sanctuary for
white Christians to live in without the uncomfortable tensions and frictions of
society that always follow in the wake of forced relations with other people of
strongly contrasting demographic characteristics. Although the 13th Amendment very much abolished slavery, it
nowhere talks about Citizenship, which as a contract is something totally else,
and which has very significant and important legal meanings since Citizenship
attaches King's Equity Jurisdiction.
Under this DRED SCOTT DOCTRINE, Blacks could not even become naturalized
Citizens (i.e., the Congress could not enact statutory jurisdiction to grant
Citizenship rights to Blacks that the original version of the Constitution
specifically restrained and the 13th Amendment never reached into.) So the 14th Amendment came along, designed
to change all that. [420]
[420]=============================================================
Remember
that pursuant to the MERGER DOCTRINE, contracts we enter into today overrule
contracts we entered into yesterday, since it is out of harmony with Nature
that contracts cannot be altered, modified, or otherwise rescinded in the
future by the consent of the Parties.
This is why Constitutional Amendments can overrule whatever was written
into the original Constitution of 1787 at an earlier time.
=============================================================[420]
Since
politicians saw this DRED SCOTT Case as having very unique qualities to acquire
maximum political mileage out of it due to the passionate public sentiments
associated with it, the movement towards adapting the 14th Amendment to deal
with those UTTERLY HEINOUS and RACIST SUPREME COURT JUSTICES quickly acquired
momentum; and having the powerful support that the 14th Amendment possessed, it
was simply assumed that it would quickly pass Congress and be ratified by the
States. Like statutory bills in
Congress, [421]
[421]=============================================================
The
Panama Canal Treaty ratification bill in the Senate in 1978, being sponsored by
very powerful Rockefeller Cartel interests like it was, with people IN THE KNOW
knowing that it would most likely pass the Senate, quickly became loaded down
with several hundred amendments that wouldn't pass by themselves. This legislative device is sometimes called
PIGGY-BACKING. See THE PROPOSED PANAMA
CANAL TREATIES -- A DIGEST OF INFORMATION, Subcommittee on the Separation of
Powers, Committee on the Judiciary, United States Senate, 95th Congress, 2nd
Session (February, 1978); and PANAMA CANAL TREATIES (DISPOSITION OF UNITED
STATES TERRITORY), in Parts 1,2,3,4 of Hearings before the Subcommittee on the
Separation of Powers, Committee on the Judiciary, United States Senate, 95th
Congress, 1st Session (July, 1977).
=============================================================[421]
the
14th Amendment became loaded down with very interesting declarations on the
Public Debt, that had absolutely nothing to do with granting Blacks Citizenship
rights -- seemingly the very reason for the 14th Amendment in the first
place. Like the Panama Canal Treaties,
Gremlins saw a unique window opening to perfect just one more turn of the
screws. And those pronouncements on
Public Debts and Enfranchised Citizens are the structured legal framework of
the King to seek Citizenship contract liability as a partial justification to
pay Income Taxes here in the 1980s.
Remember that mere written documents, of and by themselves, do not
create liability. Liability is always
perfected in the practical setting; and it is your acceptance of the benefits
of Enfranchisement (of which the Limited Liability of your share of the Public
Debt is one such benefit), that gives rise to a taxing liability scenario, and
not the unilateral debt declarations in the 14th Amendment itself. [422]
[422]=============================================================
Yes,
the 14th Amendment, announced by its sponsors to have the high, noble, and
righteous goal of reversing that bad, wicked, terrible, heinous and utterly
evil DRED SCOTT Case, of overturning those racist Supreme Court Justices, and
giving those poor exploited and downtrodden Blacks their political rights,
actually has a silent correlative sinister profile to it that now damages
everyone, including Blacks. In 1978,
every single member of the United States Senate knew that Rockefeller Cartel
Gremlins were behind the Panama Canal Treaties, and knowing that, a pathetic
majority went right ahead and voted for it anyway; just the political inveiglement
surrounding the real objectives of the 14th Amendment was also known at the
time it was being considered for Senate approval...
"It is their deliberate purpose,
tomorrow or next week, or a month hence, or as soon as they can, to make the
Federal Constitution a different instrument from what it is now, and then,
under somewhat latitudinarian expressions contained in this proposed fourteenth
article of amendment to the Constitution... any kind of law the majority party
here desire be... enacted into law."
- Congressman
Michael Kerr of Indiana, in the CONGRESSIONAL GLOBE, 40th Congress, 2nd
Session, page 1973 (March, 1868).
=============================================================[422]
The
actual legal validity of the ratification of the 14th Amendment is now
disputed. The Utah Supreme Court once
ruled that the ratification of the 14th Amendment was invalid and therefore the
Bill of Rights was non-applicable in Utah.
[423]
[423]=============================================================
See
DYETT VS. TURNER, 439 Pacific 266 (1968), and the numerous other cites therein;
that State Tribunal later backed down and reversed itself by one vote.
=============================================================[423]
For
more than a hundred years now, the courts have applied the 14th Amendment to
pertinent Cases that have come before them.
And although questions have been raised about both its language meaning
and the legal correctness of its adaption process, Federal challenges to the
Ratification of the 14th Amendment have always fallen on deaf ears. Its long time usage and the LATENESS OF THE
HOUR DOCTRINES have caused the Supreme Court to accept the 14th Amendment as
law. [424]
[424]=============================================================
See
COLEMAN VS. MILLER, 307 U.S. 433 (1939).
=============================================================[424]
Of and
by itself, the 14th Amendment is an instrument that creates a great deal of
litigation. [425]
[425]=============================================================
Felix
Frankfurter once remarked that the 14th Amendment was the largest source of the
Supreme Court's business. [See Felix
Frankfurter in JOHN MARSHALL AND THE JUDICIAL FUNCTION, 69 Harvard Law Review
217, at 229 (1955).]
=============================================================[425]
Despite
the disputed authenticity of the background factual setting permeating the
Ratification Process of the 14th Amendment, the story of its alleged
Ratification is indeed a strange and fascinating chapter in Constitutional
history. It goes well beyond the
natural confusion that would be expected on the heels of a great Civil War and
the secondary political readjustments that followed the disruption of power
relationships. The nature of the unique
political conditions back then and the emerging attitudes of individuals to
furnish the key elements in the factual setting relating to pure, raw physical
force that the sponsors of the 14th Amendment pressured on Ratification-reluctant
Southern States; and the same unique political conditions are now responsible
for the first two assertions of an invisible layer of Admiralty Jurisdiction
over us all. [426]
[426]=============================================================
In his book
entitled THE RATIFICATION OF THE 14TH AMENDMENT by Joseph James [Mercer
University Press (1984)], the author names his 20 chapters after marine and
maritime events, almost as if Mr. James is quietly warning his readers
allegorically as a veiled presentation of what the 14th Amendment is really all
about. The names range from THE
LAUNCHING and SETTING SAIL to TROUBLED SOUTHERN WATERS, DANGEROUS PASSAGE, and
MAKING FOR PORT.
=============================================================[426]
Patriots
now have a position to take on this 14th Amendment: Do we want this 14th Amendment thing or not? On one hand, the 14th Amendment has been
used by judges as their excuse to give us noble sounding, although largely
milktoast, Due Process and other wide-ranging rights that have been used as
judicial intervention justification jurisdiction in such diverse factual
settings like opening up Government law libraries to the public; chopping away
at the lingering vestiges of Richard Dailey's Machine in Chicago; ordering the
Tombs Prison in New York City closed; ordering affirmative action in the hiring
of policemen; ordering school integration busing; denying retail business
proprietors the discretion to select their own customers; and in Boston,
Federal Judge Arthur Garrity actually took over administrative operations
management of a portion of the local school district in an intervention effort
to deal with that utterly heinous evil of racism. And it was through an operation of the 14th Amendment's
INCORPORATION DOCTRINE that the entire Bill of Rights was made binding on your
regional Prince by the Supreme Court (as the Bill of Rights was initially
binding, by original intent, only on the King himself). [427]
[427]=============================================================
After
the Civil War, popular opinion in the Southern United States was running
against the adoption of the 14th Amendment, on the grounds that the 14th
Amendment would consolidate all power into Washington (which is exactly what
happened, and which is exactly what some Gremlins wanted). See the CINCINNATI COMMERCIAL for April 21,
1866, quoting the MEMPHIS ARGUS and the CHARLESTON COURIER for April 2,
1866. The CHARLESTON COURIER had made
the prophetic statement that the State Judiciaries would be made subservient to
Federal authority, and that the 14th Amendment would be conferring upon
Congress "powers unknown to the original law of the country"; which
is exactly what has happened. Yet, in
reading the 14th Amendment, no where are State Judiciaries even mentioned. See generally DOES THE FOURTEENTH AMENDMENT
INCORPORATE THE BILL OF RIGHTS? THE
ORIGINAL UNDERSTANDING by Charles Friedman, 2 Sanford Law Review at 5
(December, 1949).
=============================================================[427]
And on
the other hand, in an area of more direct interest to Gremlins, the 14th
Amendment now spins an invisible stealthy web of an adhesive attachment of
King's Equity Jurisdiction so strong and with benefits so invisible, that Black
Widow Spiders would be humbled if they could ever appreciate their reduced
Status in light of this new competition in the Jungle.
In a
sense, what we want or do not want at the present time is unimportant, since we
as Individuals are without jurisdiction to effectuate into the practical
setting the corrective political remedies of annulling the 14th Amendment. In FAIRCHILD VS. HUGHES, [428]
[428]=============================================================
258
U.S. 126 (1922).
=============================================================[428]
the
Supreme Court refused to consider the possibility of the illegitimacy of the
Ratification of the 19th Amendment, and used as contributing justification the
comparative example of the judicial recognition of the 15th Amendment by its
long usage, regardless of arguments about its technical validity. In COLEMAN VS. MILLER, [429]
[429]=============================================================
307
U.S. 433 (1939).
=============================================================[429]
the
Supreme Court did lightly review questions pertaining to the Ratification of
the 14th Amendment, and of attempts by two States to rescind their previous
Ratification of an Amendment as an example of their philosophy that such questions
be deferred to "the political departments of government as to [whether or
not the] validity of the adoption of the 14th Amendment has been
accepted." [430]
[430]=============================================================
"...the
question of the efficacy of ratifications by State legislatures, in the light
of previous rejection or attempted withdrawal, should be regarded as a
political question pertaining to the political departments, with the ultimate
authority in the Congress in the exercise of its control over the promulgation
of the adoption of the amendment."
- COLEMAN
VS. MILLER, 307 U.S. 433, at 450 (1938).
=============================================================[430]
Although
the right of judges to nullify statutes was seemingly settled in MARBURY VS.
MADISON, [431]
[431]=============================================================
"...it
is apparent that the framers of the Constitution contemplated that instrument
as a rule for the government of courts, as well as that of the
legislature. Why otherwise does it
direct the judges to take an oath to support it?"
- MARBURY
VS. MADISON, 5 U.S. 137 (1803).
=============================================================[431]
the
question of Judicial statutory annulment lingered on, [432]
[432]=============================================================
Twenty
one years after MARBURY VS. MADISON, Chief Justice Marshall backed off slightly
by making the following comment, which is astonishing by contrast:
"Judicial power, as
contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of law, and
can will nothing. When they are said to
exercise a discretion, it is a mere legal discretion, a discretion to be
exercised in discerning the course prescribed by law; and, when that is
discerned, it is the duty of the Court to follow it."
- OSBORNE
VS. BANK OF UNITED STATES, 22 U.S. 738 (1824).
Although
the Judiciary is given its own perpetual existence in Article III, in a sense
Justice Marshall is correct, since it is the Legislature that ultimately holds
the upper hand. The Legislature could,
if it wanted to, repeal Article III altogether and shut down the Judiciary IN
TOTO, and appoint, perhaps, Committees of Congress to act in the capacity of
what was once the Judiciary by individually considering Cases that come before
them.
=============================================================[432]
Judicial
Review now continues down to the present day as a topical source of
conversation, since the DOCTRINE OF JUDICIAL REVIEW is often used as a legal
tool to justify taking a philosophical position. [433]
[433]=============================================================
"...the
Framers did not see the courts as the exclusive custodians of the
Constitution. Indeed, because the
document posits so few conclusions it leaves to the more political branches the
matter of adapting and vivifying its principles in each generation... The power to declare acts of Congress and
the laws of the state null and void... should not be used when the Constitution
does not [explicitly allow it]."
- Attorney
General Edwin Meece before the D.C. Chapter of the Federalist Society Lawyers
Division, November 15, 1985, Washington, D.C.
=============================================================[433]
Just as
the low level question of statutory annulment by the Judiciary continues on as
a disputed jurisdictional item, so A FORTIORI [434]
[434]=============================================================
A
FORTIORI means "with the greater force," as one conclusion is
compared with another.
=============================================================[434]
the
higher question of actually annulling portions of the Constitution itself, due
to technical Ratification procedures, is strongly disputed. [435]
[435]=============================================================
A
minority collection of four Supreme Court Justices once stated that:
"[Article IV of the Constitution]...
grants power over the amending of the Constitution to Congress alone. Undivided control of that process has been
given by the Article exclusively and completely to Congress. The process itself is called
"political" in its entirety, from submission until an amendment
becomes part of the Constitution, and not subject to judicial guidance,
control, or interference at any point."
- COLEMAN
VS. MILLER, 307 U.S. 433, at 459 [Concurring Opinion] (1938).
=============================================================[435]
Although
that line of reasoning is facially defective if intended to apply universally
to all circumstances [the right time to do the right thing is right now], there
is some merit in the Supreme Court's desire that grievances of this nature are
best settled by what they call the POLITICAL DEPARTMENTS OF GOVERNMENT, under
normal circumstances. However, when
unlawful sources of jurisdiction are being used (such as nonexistent
Constitutional Amendments) as justification to damage someone, then the ALICE
IN WONDERLAND fantasy of gentlemanly interdepartmental political comities that
the Supreme Court would prefer to intervene and settle the grievance, become
inappropriate and unrealistic grievance settlement remedy tools; and by
indifferently allowing fraudulent sources of jurisdiction to be thrown at
someone as justifying Government Tort damages, the judiciary is diminishing its
own stature. [436]
[436]=============================================================
"...the
glory and ornament of our system which distinguishes it from every other
government on the face of the earth is that there is a great and mighty
[judicial] power hovering over the Constitution of the land to which has been
delegated the awful responsibility of restraining all the coordinate departments
of the Government within the walls of the great fabric which our fathers
[built] for our protection and our immunity forever."
- Chief
Justice Edward White, in a speech shortly before he ascended into the corridors
of judicial power; 23 CONGRESSIONAL RECORD, 6515 (1892).
=============================================================[436]
As for
the holding of the Bill of Rights into binding effect on the States, in every
single Supreme Court decision I have read involving the 14th Amendment Due Process
Clause application, the Supreme Court could have equally justified the ruling
based on the REPUBLICAN FORM OF GOVERNMENT CLAUSE in Article IV, Section 4, if
they wanted to -- but they don't want to.
One of
the receptive concerns one finds in the Supreme Court is their perceived lack
of federal jurisdiction to intervene into, and overrule state proceedings --
This REPUBLICAN CLAUSE is a real sleeper as such a Grant of Supervisory
Jurisdiction is inherent in its positive action mandates. Shifting to the meaning of the Clause
itself: A Republic, properly
understood, involves the restrainment of the use of Government by majorities to
work Torts on minorities, as distinguished from Democracies where simple majority
rule forces their will and their Torts on everyone else. [437]
[437]=============================================================
"In
a society under the forms of which the stronger faction can readily unite and
oppress the weaker, anarchy may as truly be said to reign as in a state of nature,
where the weaker individual is not as secured against the violence of the
stronger..."
- Alexander
Hamilton, THE FEDERALIST PAPERS, Number 51.
=============================================================[437]
What
are Minority Rights? Those Rights are
the Rights to be left alone and ignored by Government absent an infracted
contract or a Tort damage. [438]
[438]=============================================================
"A
majority taken collectively may be regarded as being whose opinions, and
frequently whose interests, are opposed to those of another being, which is
styled a minority. If it be admitted
that a man, possessing absolute power, may misuse that power by wronging his
adversaries, why should a majority not be held liable to the same
reproach? Men are not apt to change
their characters by agglomeration; nor does their patience in the presence of
obstacles increase with the consciousness of their strength."
- Alexis
de Tocqueville, 1 DEMOCRACY IN AMERICA, at 249 [Arlington House (1965)].
=============================================================[438]
And
those rights are very appropriate to invoke when you are in the midst of a
criminal prosecution, without any contract in effect, without any MENS REA, and
without any CORPUS DELECTI damages being found anywhere; and it has to be this
way since wisdom is not conferred upon majorities by virtue of their sheer
collective aggregate numbers. [439]
[439]=============================================================
"Tyranny
is not the only problem. Majorities do
not necessarily have enough knowledge, insight, or expertise to assure wisest
action... issues require expertise and understanding far beyond that which is
possessed by the majority... The
collective wisdom is not likely to be less fallible."
- Bernard
Siegan in ECONOMIC LIBERTIES AND THE CONSTITUTION, at 273 [University of
Chicago Press, Chicago (1980)].
=============================================================[439]
I see a
real germ of tyranny in theoretical Democracies. [440]
[440]=============================================================
"When
I see that the right and means of absolute command are conferred on a people or
upon a king, upon an aristocracy or a democracy, a monarchy or republic, I
recognize the germ of tyranny, and I journey onwards to a land of more helpful
institutions."
- Alexis
de Tocqueville, 1 DEMOCRACY IN AMERICA, at 250 [Arlington House (1965)].
=============================================================[440]
Since
everyone, even lobbyists for Special Interest Groups, belongs to one or more
overlapping minority interest groups of some type, then attention to this
REPUBLICAN CLAUSE by the Supreme Court (and by us in our briefs) can accomplish
far more than the less specific "Due Process" words in a sinister
Amendment that carries negative and unattractive secondary enscrewment
consequences along with it. But we are
not the Supreme Court, so our knowledge and wisdom has to be filed away in
abatement under HIATUS STATUS, pending our future ascension into the corridors
of power.
There
are several ways to cure the mischiefs of factions and their Torts; one is to
remove its seminal point of causality [by the elimination of troublemakers, not
permissible without creating more problems than were "solved"];
another way is to control the net practical effects of Majority Torts by
creating a confederate Republic, consisting of several regional states, and
then creating several layers of Juristic Institutions operating on narrow
jurisdictional contours, and somewhat operating against each other to a limited
extent; this is very similar to the structural configuration of the United
States, with a federal layer operating VIS-A-VIS the regional States. [441]
[441]=============================================================
THE
FEDERALIST Number 9 goes into this in greater detail. Not very well known is the fact that the dual shared contours of
Federal/State legislative jurisdiction are sometimes in a state of tension, which
frictional relationship has existed right from the start of the Union. While the Continental Congress was once
meeting in Philadelphia on June 20, 1783, soldiers from Lancaster, Pennsylvania
arrived in Philadelphia "...to obtain a settlement of accounts, which they
supposed they had a better chance [to collect] at Philadelphia than at
Lancaster." On the next day, June
21st:
"The mutinous soldiers presented
themselves, drawn up in the streets before the State House, where Congress had
assembled. The executive council of the
State, sitting under the same roof, was called upon for the proper
interposition [to get rid of the soldiers].
President Dickerson came in [to the Hall of Congress], and explained the
difficulty, under actual circumstances, of bringing out the [State] militia of
the place for the suppression of the mutiny.
He thought that, without some outrages on persons or property, the
militia could not be relied on [to get rid of the mutineers]. General St. Clair, then in Philadelphia, was
sent for, and desired to use his interposition, in order to prevail on the
troops to return to the barracks. His
report gave no encouragement...
"In the meantime, the soldiers
remained in their position, without offering any violence, individuals only, occasionally
uttering offensive words, and wantonly pointing their muskets to the windows of
the Hall of Congress. No danger from
premeditated violence was apprehended, but it was observed that spirituous
drink, from the tippling-houses adjoining, began to be liberally served out to
the soldiers, and might lead to hasty excesses. None were committed, however, and about three o'clock, the usual
hour, Congress adjourned; the soldiers, though in some instances offering a
mock obstruction, permitting the members to pass through their ranks. They soon afterwards retired themselves to
the barracks. ...
"The [subsequent] conference with the
executive [of Pennsylvania] producing nothing but a repetition of doubts
concerning the disposition of the militia to act unless outrage were offered to
persons or property. It was even
doubted whether a repetition of the insult to Congress would be sufficient
provocation. During the deliberations
of the executive, and the suspense of the committee, reports from the barracks
were in constant vibration. At one
moment, the mutineers were penitent and preparing submissions; the next, they
were meditating more violent measures.
Sometimes, the bank was their object; then the seizure of the members of
Congress, with whom they imagined an indemnity for their offense might be
stipulated."
- Elliot,
5 MADISON PAPERS CONTAINING DEBATES ON THE CONFEDERATION AND CONSTITUTION, at
pages 92 et seq. [Washington, D.C. (1845)].
The
harassment by the soldiers which had begun on June 20 continued across four
days until June 24, 1783. On this date,
the members of Congress now abandoned any hope that the State of Pennsylvania
might disperse the soldiers, so the Congress removed itself from Philadelphia. General George Washington had learned of the
uprising only on the same date at his headquarters at Newburgh, and reacting
promptly, he dispatched a large contingent of his whole force to suppress this
"infamous and outrageous Mutiny"; see 27 WRITINGS OF WASHINGTON, at
page 32 [George Washington Bicentennial Commission, GPO (1938)]. But the news of his intended response
arrived too late, as the Congress had by now packed their bags and left for
Princeton, and traveled thereafter to Trenton, Annapolis, and New York
City. There was not any repetition of
the circumstances preceding the decision by Congress to leave Philadelphia,
however, this incident was never forgotten by the Congress. A few months later on October 7, 1783, the
Congress while meeting in Princeton adopted the following Resolution:
"That building for the use of
Congress be erected on or near the banks of the Delaware, provided a suitable
district can be procured on or near the banks of said river, for a federal
town; and that the right of soil, and an exclusive or such other jurisdiction
as Congress may direct, shall be vested in the United States."
- 8
JOURNALS OF CONGRESS, at 295.
Those
mutineers contributed strongly to the feeling in Congress that the United
States needed its own geographical district, exercising its own exclusive
jurisdiction over it, and so when it acquired the District of Columbia, the
Congress made sure that there were no lingering vestiges of State Sovereignty
left to surface again under possibly unpleasant circumstances. George Mason of Virginia expressed his
sentiments in July of 1878 that the new seat of the Federal Government, where
ever that may eventually be, not be 'in the city or place at which the seat of
any State Government might be fixed,' because the establishment of the seat of
Government in a State Capital would tend 'to produce disputes concerning
jurisdiction' and because the commingling of the two jurisdictions would tend
to give 'a provincial tincture' to the important national deliberations [see
Jonathan Elliot, Editor, in 5 MADISON PAPERS CONCERNING DEBATES ON THE
CONFEDERATION AND CONSTITUTION, at page 374].
Down to
the present day, just what legislative jurisdiction the Congress does have in
criminal matters is disputed; no doubt it can very much exercise criminal
jurisdiction over all crimes so listed in the Constitution, and for all crimes
that take place on land owned by the King.
But where a crime has taken place in a building on leased land not owned
by the King, the Congress probably does not have criminal jurisdiction, and must
yield to the States for the administration of a spanking [but the criminal
Defendant has to demand it; jurisdiction originates out of the barrel of a gun,
and the King is not about to be a nice guy and just simply turn around and walk
away from exercising recourse against an exhibition of defiance in his leased
office spaces he provides to his termites].
Necessarily so when twin separate and distinct Juristic Institutions are
making assertions of jurisdiction over the same geographical districts, tensions
and frictions surface as the jurisdiction of one is slightly limited, and the
jurisdiction of the other is specifically limited, and one is reaching outside
of its appropriate contours. In 1954 an
extensive study of the area of Federal-State jurisdiction was studied by an
Inter-Departmental Committee under the supervision of imp Herbert Brownell,
United States Attorney General.
Discussing in detail the legal relationship of the States to Federal
Enclaves, the acquisition of legislative jurisdiction (by consent, by the
Constitution, or on Federal Lands), Criminal Jurisdiction, and operations of
State and Federal Jurisdiction over Residents without and within Federal
Enclaves and other Federal Lands, the report gives a good profiling glimpse
into the limited nature of Federal legislative jurisdiction. See REPORT ON THE INTERDEPARTMENTAL
COMMITTEE FOR THE STUDY OF JURISDICTION OVER FEDERAL AREAS WITHIN THE STATES
[GPO, Washington (April and June, 1956)].
=============================================================[441]
By the
way, the original version of the United States Constitution, which includes the
first ten Amendments (the BILL OF RIGHTS), is organic just like a contract, and
is subject to modification, annulment, and reversal by any subsequent
Amendment. [442]
[442]=============================================================
Remember
the operation of the twin combination of the SPECIFICITY DOCTRINE and the
LACHES DOCTRINE as they blend together in a confluence to form the wider MERGER
DOCTRINE: That the most recently
executed contract addendum applies first (the first being MERGED with the
last), and the most SPECIFIC contract wording also applies first (the most
general being MERGED into the most specific).
=============================================================[442]
Therefore,
the general applicability of this REPUBLICAN FORM OF GOVERNMENT CLAUSE should
be viewed cautiously, and should even be viewed in the light of possible
non-applicability on any one Individual if any contaminating adhesive
attachment of King's Equity or Admiralty Contract Jurisdiction is found
operating on that Person. Therefore,
the pleading of this Clause without correlative averments of Status pleading is
to be discouraged, as multiple Amendments from the 11th to the 26th have quiet
SUB SILENTIO lines of Admiralty Jurisdiction running through them which may
very well vitiate the enforcement of the REPUBLIC FORM CLAUSE. [443]
[443]=============================================================
In
other words, plead that the implied appearance of Admiralty and Equity in the
AFTER TEN Amendments does not operate with derogation on your rights, by virtue
of your previous successful decontamination away from that King's Equity
Jurisdiction due to the absence of any QUID PRO QUO equivalence proprietary to
Admiralty having been accepted.
=============================================================[443]
Yet,
nowhere in Amendments 11 to 26 do the words ADMIRALTY JURISDICTION appear
anywhere, just like nowhere on your IRS 1040 form do the words "Admiralty
Jurisdiction governs this contract" appear anywhere: And they never will. Anglo-Saxon Kings have a long history of showing
little practical interest in the financial health of their Subjects, and so any
full disclosure of impending financial liability, that would give the
Countryside something to think about in the nature of bugging out of the
Bolshevik Income Tax system altogether, is the last thing that interests a
King. So how do some of those Amendments
accomplish such SUB ROSA objectives, when a light and quick reading makes the
Amendments seem so facially reasonable?
Remember that Admiralty Jurisdiction grew up in the old days quietly in
the practical setting; and it is there, today, out in the practical setting
that Admiralty Jurisdiction is now roaring along. But Admiralty Jurisdiction is not a block of concrete or some
grand monument like Mount Rushmore we can all look up at and plainly see;
Admiralty is only legal reasoning, and so properly understood, Admiralty
Jurisdiction is nothing more than a sequential set of ideas in the brains of
Federal Judges. So in order to
understand this line of Admiralty reasoning, we need to examine its natural
operation and practical effects. Since
"...the purpose of an [Amendment or
Jurisdiction] must be found in its natural operation and effect..." [444]
[444]=============================================================
WILLIAM
TRUAX VS. MIKE RAICH, 239 U.S. 33, at 40 (1915).
=============================================================[444]
we now
need to probe for the natural operation and effect of these AFTER TEN
Amendments. For an example of the real
meaning behind the AFTER TEN Amendments, let us momentarily consider just one
of them: The 25th Amendment. What an Amendment this is. The closest draft to what is now the 25th
Amendment was written in New York City in the Spring of 1963 by lawyers hired
by Nelson Rockefeller for that purpose.
Rockefeller family political strategists had previously concluded that
Nelson Rockefeller's long-term Presidential ambitions were only marginally
feasible in a conventional American election setting, and that a redundancy
factor was therefore necessary to give Nelson the best possible chance he
wanted to be President: That redundancy
factor was a plan to circumvent that irritating Constitutional requirement that
all Presidents be elected.
After
Ike had a heart attack, Nelson Rockefeller proposed an appointment amendment to
the Constitution in April of 1957, so that a person could become the President
BY APPOINTMENT, without going through an election. The proposal was made through Nelson's nominee in the office of
United States Attorney General, Herbert Brownell. [445]
[445]=============================================================
The
proposal appears in HEARINGS BEFORE THE SPECIAL SUBCOMMITTEE ON THE STUDY OF
PRESIDENTIAL INABILITY OF THE HOUSE COMMITTEE ON THE JUDICIARY, 85th Congress,
First Session, Serial No. 3, at pages 7 and 8 (1957). For a good intellectual flavoring of Gremlin Herbert Brownell,
see his views on that utterly obnoxious Fourth Amendment in THE PUBLIC SECURITY
AND WIRE TAPPING [39 Cornell Law Quarterly 195 (1954)]. When Herbert Brownell was nominated to be
the Attorney General of the United States by Nelson Rockefeller, he was unaware
of the fact that the Office of Patents was under the Attorney General's Office
[see HERBERT BROWNELL, JR. ATTORNEY GENERAL DESIGNATE in "Hearings Before
the Committee on the Judiciary of the United States Senate," 83rd
Congress, First Session (GPO 1953)].
Herbert Brownell was on a mission for the Four Rockefeller Brothers, so
pesky little details like administrative competence are unimportant. The next time you are in Washington, Mr.
May, stop by the WILLARD HOTEL on Pennsylvania Avenue on the east side of the
White House; in the WILLARD is a restaurant called THE OCCIDENTAL. Hanging on the wall next to the coat room is
a photograph of little Gremlin Herbert Brownell; there is a radiant mystique about
that photograph that is different... as if there was a Gremlin sparkle in his
eyes... as if he was on the threshold of pulling off something grand...
something big... something important.
=============================================================[445]
Three
weeks after President Kennedy was murdered in Dallas on plans previously
approved by the Four Rockefeller Brothers, [446]
[446]=============================================================
Dallas
was one of three cities where planning for the murder was considered.
=============================================================[446]
Rockefeller
legislative nominee Senator Birch Bayh introduced Nelson's 25th Amendment into
the United States Senate, [447]
[447]=============================================================
SENATE
JOINT RESOLUTION 139, 88th Congress, Second Session (1964).
=============================================================[447]
and
supervised its way through the procedures of Congress, [448]
[448]=============================================================
Senator
Birch Bayh held the Chair of the Senate SubCommittee on Constitutional
Amendments. See a Report authored by
Birch Bayh entitled PRESIDENTIAL INABILITY AND VACANCY IN THE OFFICE OF THE
VICE-PRESIDENT, Senate Report Number 1382, 88th Congress, Second Session
(1964); this report includes many private views on the ABSOLUTE DIRE EMERGENCY
NEED for the 25th Amendment; views expressed by Nelson Rockefeller's nominees.
=============================================================[448]
and
ratification through the States were later effectuated in 1967 under lobbying
by imp Herbert Brownell, Nelson's intimate.
[449]
[449]=============================================================
Occasionally,
headaches surfaced during the ROCKEFELLER RATIFICATION OPERATION which Herbert
Brownell coordinated. For example, in
1965 a law review article appeared which caused the Speaker of the Legislature
of Arkansas to adjourn indefinitely his State's ratification vote on the
proposed 25th Amendment. The article,
entitled VICE-PRESIDENTIAL SUCCESSION: A CRITICISM OF THE BAYH-CELLAR PLAN in
17 South Carolina Law Review 315 (1965) correctly noted that there was no big
urgency for any new Constitutional machinery to fill a Vice-Presidential
vacancy [but there very much was a big urgency on Nelson Rockefeller's
part]. Herbert Brownell quickly got the
situation under control, with the end result being that the State of Arkansas
ratified the 25th Amendment on November 11, 1965 [see THE TWENTY-FIFTH
AMENDMENT by John Feerick ["Ratification"], at page 111 [Fordham
University Press, New York (1976)].
=============================================================[449]
So it
was planned by the Four Rockefeller Brothers to try and generate some
circumstances so that a man could now come up the Presidential ladder, by
appointment and unelected, through a succession of Presidents who left office
prematurely for various different reasons.
[450]
[450]=============================================================
Nelson's
water boys have spoken very highly of the 25th Amendment:
"As this Nation celebrates the
two-hundredth anniversary of its birth, we should take special note of one
unique feature of our great constitutional experiment. Unlike almost any other Western democracy,
the United States has never been faced with a serious crisis in the line of
succession to the office of its chief executive and head of state. Our ability to avoid such a crisis
throughout much of our earlier history was, perhaps, largely a matter of
luck. Fortunately, we have never had to
confront the prospect of a double vacancy in the offices of both President and
Vice-President. Thus, one of two
individuals specifically designated by the voters as President and next-in-line
served in the office at all times."
- Senator
Birch Bayh in the Forward to THE TWENTY-FIFTH AMENDMENT by John Feerick
[Fordham University Press, New York (1976)].
Notice
the selection of words that imp Birch Bayh uses: EXPERIMENT, DEMOCRACY and
LUCK. Down to the present day in 1985,
had Nelson Rockefeller not used his recurring accessory instruments of murder
and kidnappings to help him accomplish his political objectives, the "serious
crisis" of dual vacancies his water boy Birch Bayh refers to would never
have occurred in the first place; as fundamental Gremlin MODUS OPERANDI always
calls for having just the right medicine to remedy ailments they themselves
create.
=============================================================[450]
With
the 25th Amendment tucked in under his belt, just two years later circumstances
to place Nelson into the White House were in full gear, and they soon blossomed
into public view with what was known publicly as WATERGATE, as two CIA Agents
posing as reporters for the WASHINGTON POST drove the story into the ground,
acting on instructions to do so and under continuous advisory supervision. Nelson Rockefeller's plans to ascend into
the Presidential corridors of power were contingent upon his successfully
getting rid of both Spiro Agnew, as well as Richard Nixon -- a very difficult
task. [451]
[451]=============================================================
At a
strategy meeting held in 1973 in Nelson's Washington offices at 2500 Foxhall
Road, Nelson reiterated that he wanted Spiro to go first, before the final
siege was laid on Richard Nixon.
=============================================================[451]
First,
Spiro Agnew was gotten rid of by Attorney General Elliott Richardson, Nelson's
friend, acting partially on some dirt Nelson had been holding on Spiro all
along, and partially by Nelson's barking dogs in the news media; both TIME and
NEWSWEEK ran overly dramatic articles on Spiro during the week of August 13th,
1973, signalling that he was then to be cut down fast. [452]
[452]=============================================================
Staying
on top of an impending Presidential grab that was in the air, Senator Birch
Bayh's SubCommittee issued on an informal Report on the history of the 25th
Amendment entitled REVIEW OF THE HISTORY OF THE 25TH AMENDMENT, 93rd Congress,
First Session, Senate Document #93-42 "Report of the SubCommittee on
Constitutional Amendments to the Committee on the Judiciary" [GPO, October,
1973].
=============================================================[452]
After
sicking the IRS on Spiro Agnew to go over every single purchase Spiro made for
6 years -- even checking out $16 of homespun cloth Spiro once bought, [453]
[453]=============================================================
Subpoenas
were issued by the IRS to try and find something to get the goods on him. See the NEW YORK TIMES ["Tax Agents
Compile Data on Net Worth of Agnew"], page 1 (October 7, 1973).
=============================================================[453]
Nelson
arranged the ultimate incentive to have a resistant Spiro Agnew resign and get
out of the way: By planning to kidnap
Susan Agnew, Spiro's daughter. [454]
[454]=============================================================
Susan
Agnew received kidnapping threats against her while traveling in Brazil [see
the NEW YORK TIMES ["Agnew's Daughter Quits Brazil After Report of
Threat"], page 22 (August 30, 1973].
In that same article, reassurances were quickly presented that there was
nothing to be concerned about, as those impressive Brazilian Federal Police,
who must know everything, were quoted as denying the threat existed:
"There was never any threat against
her physical security, including kidnapping..."
- NEW
YORK TIMES, id., at page 22.
The
following day, Brazilian Army Intelligence sources were quoted as saying that
they were familiar with the threats, and spoke knowledgeably about the
terrorist group who had been making kidnapping preparations [see the NEW YORK
TIMES ["Miss Agnew Did Get Threat, Aide Says"], page 6 (August 30,
1973)]. With those threats in mind,
Spiro Agnew brought Susan home to the United States quickly. Whether or not Susan Agnew was eventually
kidnapped here in the United States as an inducement to her father to resign
and get out of Washington is an unknown event Nelson Rockefeller would have
more than loved to have pulled off. For
all of the people Nelson and David Rockefeller have murdered, killed, mangled,
distorted, mutilated, and tortured -- a playful little political kidnapping is
the least that Nelson would have concerned himself with. The day Spiro resigned the Vice-Presidency,
Susan Agnew was reported being at home in the Agnew residence [see the NEW YORK
TIMES ["Shades Drawn at the Agnew's $190,000 Suburban Maryland
Home"], page 33 (October 11, 1973)].
As is usual, the NEW YORK TIMES is playing cutesy by directing attention
to economic values on irrelevant matters -- it was just as important for me to
know the resale value of their home as it is for me to need know what color the
Agnew's mailbox is. Gremlin
journalists.
=============================================================[454]
The day
Spiro Agnew resigned [October 10, 1973], Nelson was quoted by the NEW YORK
TIMES as being very well versed in the technical wording of the 25th Amendment
-- as well he should be for the extreme central importance of that Amendment in
his important plans for conquest. [455]
[455]=============================================================
See
"Rockefeller Said To Be Available" in the NEW YORK TIMES, page 33,
October 11, 1973].
=============================================================[455]
With
Spiro out of the way, Nelson sent his dogs to get Richard Nixon. Nelson's barking dogs in the controlled
major media had been busy getting their juices primed; they were waiting for a
key feature article to appear in TIME MAGAZINE, which would call for Richard
Nixon's resignation [the article had been written, and the accompanying
photographs portraying a dejected Nixon, had been chosen almost a year before
publication]. When the trigger article
cue appeared, the dogs were turned loose, and the howling was heard around the
world. ...And a vindictive Richard
Nixon reluctantly left the White House.
[456]
[456]=============================================================
A
Gremlin once scratched the following ideas into his personal diary:
"For him alone, winter seems to have
arrived. He is being secretly undermined
and is already completely isolated. He
is anxiously looking for collaborators.
Our mice are busily at work, gnawing through the last supports of his
position."
Those
words could have been written about the final days of Richard Nixon, but they
were not; they were written by Paul Joseph Goebbels, Hitler's propaganda chief,
during another Rockefeller grab for power from another era, 12 days before
Chancellor Brunning was forced to resign on May 30, 1932. Franz von Papen was appointed to replace Brunning,
and President von Hindenberg appointed Hitler to replace Papen on January 30,
1933. What Hitler did was to take
advantage of a key weakness in the Weimar Republic Constitution that allowed
for appointed executives, which created an open window for Gremlins to slip
into office though, without the irritation and nuisance of an infeasible
election. Young Nelson Rockefeller had
recommended Hitler to his dad, John Rockefeller, Jr. in 1930 as an ideal man to
be used for their purposes; Nelson had studied Hitler very closely and admired
many of Hitler's traits, and so when Hitler had finally succeeded in acquiring
his power and kingdom without the nuisance of an election, Nelson quietly vowed
to himself that he, too, would someday have his own appointment Amendment in
the United States.
=============================================================[456]
Now
Nelson had the Vice-Presidency, but the Vice-Presidency wasn't Nelson's
objective: He intensely longed for the
day when he could officially hold, in public glory for the world to honor,
jurisdictionally the same powers he had already been exercising practically in
Washington since World War II through a succession of Presidential nominees --
but now it was going to be his turn.
[457]
[457]=============================================================
After
Nelson had grabbed the Vice-Presidency, many people in Washington finally
OPENED THEIR EYES and realized that it was the Presidency all along that Nelson
had wanted; and so a proposal was introduced into the United States Senate to
modify Section 2 of the 25th Amendment [now that the real intent was
visible]. This proposal would have
changed Section 2 so that when an unelected Vice-President comes into the
Presidency by way of appointment, and if there is more than one year remaining
in the Presidential term, then a special national election would have to be
held for the President and Vice-President to go through -- thus negating the
PRESIDENTIAL OFFICE BY APPOINTMENT grab the 25th Amendment was designed to
create. See EXAMINATION OF THE FIRST
IMPLEMENTATION OF SECTION TWO OF THE 25TH AMENDMENT, in Hearings before the
94th Congress, First Session (discussing Senate Joint Resolution 26); [GPO,
1975]. Unfortunately, Senator Birch
Bayh still held the Chair of the SubCommittee on Constitutional Amendments, so
the proposal died a quiet sandbagging.
=============================================================[457]
Following
two assassination attempts in California on Gerald Ford by Lynette Fromme and
Sara Jane Moore, a poisoning attempt, quiet staff suggestions that
"...this might be a good time to move on," offerings of private
employment, and then public demands from Henry Kissinger that Gerald Ford
resign, Vice President Nelson Rockefeller ran out of Aces to pull from his
sleeve. [458]
[458]=============================================================
For a
while, a vindictive Richard Nixon spoke to Gerald Ford almost daily on the
telephone, encouraging Ford not to resign.
=============================================================[458]
Nelson's
25th Amendment had gotten him this far, into the Vice-Presidency, but it still
wasn't the public spotlight of the Presidency that he had been craving for
since he was a teenager. [459]
[459]=============================================================
In a
sense, Richard Nixon was smart by appointing Gerald Ford President instead of
Nelson Rockefeller to replace Spiro Agnew:
Because having Nelson Rockefeller behind you as Vice-President is a good
way to get yourself killed.
Incidentally, Richard Nixon is quite familiar with the plans by the
Rockefeller Brothers arranging to have Jack Kennedy murdered in Dallas; trying
to keep the lid on that BAY OF PIGS that was talked about constantly in the
Watergate Tapes was the Kennedy Assassination.
H.R. Haldeman discusses how the BAY OF PIGS was the Kennedy
Assassination; see THE ENDS OF POWER by H.R. Haldeman, at page 38 et seq. [New
York Times Books, New York (1978)].
Many folks are a bit defensive about poor Richard Nixon, the way he was
hounded out of office by all those barking dogs in the news media and all
that... But how much sympathy should
you give to a President who spent a considerable amount of time, while in
Office, sequestering the conspiracy to murder a previous President -- a
conspiracy that would expose not only his own sponsors, but himself as
well? I would like to hear someone try
and stick up for Richard Nixon with that in mind. Those who studied Richard Nixon in those days were puzzled in
relating to his extreme motives in so tightly controlling every single little
thing in the cover-up process, up and down the line. Numerous commentators stated that some political dirty trick does
not justify such protracted and intense cover-up supervision; nor does it
justify E. Howard Hunt's demand for $2 million in bribe money to keep quiet
about the BAY OF PIGS. That is correct,
some burglary that was already publicly out in the open does not justify all
that: But the murder of an American
President does. Yes, Richard Nixon's
mind was fixated on his own involvement in a murder, not someone else's
burglary.
=============================================================[459]
On the
eve of Jimmy Carter's Inauguration as David's nominee for President, Nelson
made one final attempt to use his 25th Amendment to elevate himself into the
Presidency via appointment, by using a slick legislative device related to the
Electoral College and his Status as PRESIDENT PRO TEM of the United States Senate;
[460]
[460]=============================================================
The
direct election of United States Senators by the 17th Amendment is a political
enigma; here the States gave up an important source of power in the Congress
for no reciprocating beneficial reason -- but Gremlins had a reason -- more
direct control of the Congress, and bringing the United States down one more
step lower to a degenerate Democracy status where Majoritarianism rules. And for similar reasons, in 1953, the Congress
was again tempted by Gremlins -- trying to rid the United States of the
Electoral College, and structure a direct Presidential popular vote (A LA
democracies) when then allows for tighter Gremlin control [see ABOLITION OF
ELECTORAL COLLEGE -- DIRECT ELECTION OF PRESIDENT AND VICE-PRESIDENT in
"Hearings Before a SubCommittee of the Committee on the Judiciary of the
United States Senate," 83rd Congress, First Session, discussing Senate
Joint Resolutions 17, 19, 55, 84, 85, 95, 100 (June, July, August, 1953)]. Rockefeller Cartel nominee Senator Estes
Kefauver urged the dismantling of the Electoral College [id., at page 14].
Even
seemingly politically disinterested people have offered their two bits in
support of abolishing the ELECTORAL COLLEGE:
"...I have come before you today with
one simple statement. This Republic
could find itself in grave danger because of a fatal weakness in the process by
which it elects our President."
- Author
James Michener in a Congressional Hearing DIRECT POPULAR ELECTION OF THE
PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES, SubCommittee on the
Constitution, Committee on the Judiciary, United States Senate, 96th Congress,
First Session, Senate Joint Resolution 28 (March, April, 1979).
James
Michener cited some research he did into the Presidential elections of 1872 and
1968 as justification for his over-dramatization of the effects of retaining
the ELECTORAL COLLEGE as he declared that the collapse of the Federal
Government was a certainty -- but never in this Hearing did author James
Michener ever cite the Founding Fathers or explain why they incorporated such a
juristic device in the first place.
Like the MODUS OPERANDI of Gremlins on a mission, to James Michener the
past is irrelevant.
Socialists
have gotten into the attack on the ELECTORAL COLLEGE; see Aaron Wildavsky in
THE PLEBISCITARY PRESIDENCY: DIRECT ELECTION AS CLASS LEGISLATION in 2
Commentaries (Winter, 1979). For a
glimpse into what one of the Founders had to say about the ELECTORAL COLLEGE,
see Donald Dewey in MADISON'S VIEWS ON ELECTORAL REFORM in Western Political
Science Quarterly, at page 140 (March, 1962).
=============================================================[460]
but
under pressure from brother David, Nelson reluctantly backed off and let
go. [461]
[461]=============================================================
There
was also internal Cartel division now working against Nelson's final power play
in December of 1976, as numerous associates of Nelson issued advisories
discouraging him from using this Presidential acquisition device; some of
Nelson's strongest former supporters in the Cartel now no longer trusted
Nelson's judgment explicitly like they had done so in the past, after the Four
Brothers seriously bungled their handling of a Russian double cross in the
Summer of 1976.
=============================================================[461]
Two
years later, when Nelson was shot to death in his forehead in his New York
Townhouse on a Friday evening, his plans for using his 25th Amendment to assist
him in accomplishing his political objectives died with him. [462]
[462]=============================================================
Henry
Kissinger's murder of Nelson Rockefeller, a friend since 1955, through a
college educated hit man in his 50's, was a power play that Henry thought he
would succeed at; a grand power play Henry reasoned that the success of which
would be probable, since surviving Rockefeller Family members should likely
expect to have Henry fill the vacuum of power that would follow in Nelson's
absence -- at least, that was the reasoning Henry was operating under. But Henry was also operating under the
attractive primary inducement of Rothschild prompting, intelligence guidance,
and background support in this murder -- people SEEMINGLY above double
cross. But Henry ran out of time before
he succeeded in consolidating his gains -- the promised Rothschild post-murder
background support never materialized when Henry needed it most on that Monday
evening, February 5, 1979.
=============================================================[462]
Today,
in reading the 25th Amendment, no where in it are there any words like NELSON
ROCKEFELLER or DALLAS or CONQUEST or MURDER or WATERGATE or BOB WOODWARD
appearing anywhere, yet an understanding of the real existential meaning of the
25th Amendment requires a contextual knowledge of the background factual
setting that Rockefeller political conquest was then swirling in: A well-oiled vortex of kidnappings, torture,
dismemberment, bribes, wholesale executions, murder, and intrigue. [463]
[463]=============================================================
The
phrase WELL-OILED means that plans generally go on smoothly to completion
without too much friction or distractions; the players possessing the magic of
a MIDAS TOUCH.
=============================================================[463]
Historians
writing their views on the history and existential reasons for the 25th
Amendment try to cast the Amendment's origin in historical light, by discussing
the REMOVAL CLAUSE of Article II, Section 1, while leaving out any commentary
about any Gremlins EXTRAORDINAIRE at work in the background, like Nelson
Rockefeller, who stayed back in the shadows while directing the visible players
in this 25th Amendment act. [464]
[464]=============================================================
Like a
large volume of American historians, these 25th Amendment commentators do not
write factually accurate information, as the mere omission of the dominate
roles played by Nelson Rockefeller and his associates in the sponsorship of the
25th Amendment -- such a factual deficiency, IPSO FACTO, nullifies the veracity
of the remaining limited information that is presented. See:
- Arthur
M. Schlesinger, Jr., ON THE PRESIDENTIAL SUCCESSION, 89 Political Science
Quarterly 475 (Fall, 1974);
- John
D. Freerick, THE PROPOSED 25TH AMENDMENT TO THE CONSTITUTION, Fordham Law
Review (December, 1965);
- John
D. Freerick, THE VICE-PRESIDENCY AND THE PROBLEMS OF PRESIDENTIAL SUCCESSION
AND INABILITY, 32 Fordham Law Review 457 (1964).
=============================================================[464]
Likewise,
a light and quick reading of the proposed Equal Rights Amendment also reveals
seemingly noble and righteous purposes and lofty objectives that are designed
to terminate, once and for all, that utterly heinous evil of gender based
discrimination. The sponsors of the
ERA, who circulate in the genre of leftists, Bolsheviks, statists, and
socialists, etc., have grand enscrewment plans for the ERA, but you are the
last person they intend to bring this information to. [465]
[465]=============================================================
The way
to pierce through all distraction arguments and get to the very bottom of
Gremlin intrigue is not to search the present record for Gremlin sponsorship,
which is often invisible at first, but rather to search the past record for
similar acts that Gremlins sponsored, because time has a way of unravelling details
that were once secret. The reason why
examining the past as a strong testing methodology for determining Gremlin
participation in the present setting is because Gremlins find it unnecessary to
change, alter, amend, or modify their MODUS OPERANDI from one successful
conquest to the next, as they go about their work trying to run one
civilization into the ground after another.
And so as we turn around and examine the past, we very much find Gremlin
intrigue in Russia starting in the pre-Revolutionary days of 1914, as the
Gremlins were highly active in "liberating" or
"emancipating" downtrodden women.
For 743 documentary pages of political intrigue carried on by Gremlins
in Russia working to "liberate" women from the clutches of some
fictional and non-existent adversary, see the doctorate dissertation of Robert
Drumm entitled THE BOLSHEVIK PARTY AND THE ORGANIZATION AND EMANCIPATION OF
WORKING WOMEN, 1914 TO 1921; OR A HISTORY OF THE PETROGRAD EXPERIMENT [Columbia
University (1977)] (Order Thesis Number 77-24,326 from University Microfilms in
Ann Arbor, Michigan).
=============================================================[465]
A large
number of other people who mean well also support it (or believe that they want
to support it for the righteous goals it says it will accomplish). [466]
[466]=============================================================
It is
in the nature of people that once they have made a decision about something,
folks often rearrange their logic to justify the end conclusion, ignoring
divergent peripheral factual elements that make their unwanted appearance at
random occurrences; just like folks will also enhance in their minds the worth
of something they believe that either they or someone else has paid a price
for, while ignoring conflicting factual items that would derogate the
worth. See Leon Festinger in A THEORY
OF COGNITIVE DISSONANCE [Row, Peterson Publishers, Evanston, Illinois (1957)]
and Hal Arkes and John Garske in PSYCHOLOGICAL THEORIES OF MOTIVATION
[Brooks/Cole Publishing, Monterey, California (1982)].
...Both
behavioral operants are unfavorable intellectual habits that should not be
allowed a domiciliary presence in our minds; it is difficult enough to acquire
an enlarged basis of factual knowledge to exercise judgment on, and so tossing
aside uncomfortable factual irritants is improvident.
=============================================================[466]
For an
ominous portrayal of what the ERA will accomplish on its mission in the United
States, one need only to examine the practical effects of laws similarly worded
in Europe and the Scandinavian Countries.
[467]
[467]=============================================================
Up
until 1971, there had been some form of an equal feminine rights amendment
introduced into each Congress since 1923.
After the ERA lost its ratification journey through the states the first
time around, the Congress held new Hearings on the amendment to reexamine the
likely impact of the ERA on the United States.
For 1,900 pages of discussions on the contemplated impact, see HEARINGS
BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION OF THE COMMITTEE ON THE JUDICIARY
OF THE UNITED STATES SENATE, 98th Congress, First and Second Sessions (from
May, 1983 to May, 1984). For all of the
1,900 pages of distraction arguments presented to the Congress, none of the
discussions focused in on Gremlin maneuverings with women's rights movements in
other political jurisdictions around the world that have already gone to the
dogs.
=============================================================[467]
But the
real objective and meaning of the Equal Rights Amendment lies in another strata
altogether: The Equal Rights Amendment
was designed to harm and damage people -- and how it will accomplish that is
quite subtle. [468]
[468]=============================================================
"From
the fact that people are very different it follows that, if we treat them
equally, the result must be inequality in their actual position, and that the only
want to place them in an equal position would be to treat them
differently. Equality before the law
and material equality are therefore not only different but are in conflict with
each other; and we can achieve either the one or the other, but not both at the
same time."
- F.A.
Hayek in THE CONSTITUTION OF LIBERTY, as quoted by Joan Kennedy Taylor in 7
Libertarian Review 30, at 33 (December, 1978).
Author
F.A. Hayek belongs to the Austrian School of Economics, which propagates
reasoning in favor of pure LAISSEZ-FAIRE.
=============================================================[468]
Let us
examine a favorite Patriot factual setting to see what happens when legal
equality is forced on objects that belong, out in the practical setting, in
their own class, free to commingle with other similar objects sharing the same
approximate attributes, orientation, velocity, and dimensions. Why are bicycles, pedestrians, and buggies
discouraged from using interstate highways where automobiles and huge semi's reign
supreme at accelerated velocities?
Because as a matter of practical concern, although, ARGUENDO, each form
of transportation is legally entitled to some right-of-way access, in the
practical setting each form of transportation operates best in its own
protected path and status, free from each other's unique requirements. Do railroads really belong on automobile
highways? Even though both are
particular forms of transportation that carry freight and people, by their
nature they belong on separate tracks or paths. To have all forms use the same highway path, by legally forcing
non-discrimination in effect between different forms of transportation
("It just isn't fair that I cannot use my bike on that highway!"),
although initially it sounds legally impressive to get rid of discrimination,
this actually creates hard damages out in the practical setting when high
velocity vehicles weave their way around buggies and bicycles that
non-discrimination legislation has forced into using the same track or status;
bicycles and pedestrians belong on their own bicycle/pedestrian paths, sharing
that path with transportation forms that operate under similar characteristics,
and under similar velocity parameters.
Not all particular forms of the same general classification belong in
the same status or path, and when forced to cross over and commingle with each
other, then damages occur. Customized
legislation (or DISCRIMINATION as some would characterize it by trying to cast
an illicit derogatory inference on the subject even before the substance is
addressed on its merits), providing for each particular form of transportation
to operate in its own ideal tract and setting, at its own maximum velocity,
prevents the damages that are caused by reason of improvidently commingling
different particular forms. Correct
PRINCIPLES OF NATURE, however invisible, operate across all factual settings,
transparent to the particular application vicissitudes then under discussion. [469]
[469]=============================================================
Even
the organic flourishment of dynastic families is contoured around the Law, a
statement that I am sure would be shocking to Nelson and David
Rockefeller. See LAW IN THE DEVELOPMENT
OF DYNASTIC FAMILIES AMONG AMERICAN BUSINESS ELITES: THE DOMESTICATION OF
CAPITAL AND THE CAPITALIZATION OF FAMILY, by George Marcus, 14 Law and Society
Review 859 (1980).
=============================================================[469]
And
just as men and women were designed by their Creator to operate at different
velocities and accomplish different objectives down here, although both are
mammalian vertebrates and share similar dimensions, forcing both particular
genders into the same track and status to accomplish legal equality will
actually secondarily create hard damages out in the practical setting. [470]
[470]=============================================================
"The
two sexes differ in structure of body, in the functions to be performed by
each, in the amount of physical strength, in the capacity for long-continued
labor, particularly when done standing, the influence vigorous health upon the
future well-being of the race, the self-reliance which enables one to assert
full rights, and in the capacity to maintain the struggle for subsistence. This difference justifies a difference in
legislation and upholds that which is designed to compensate for some of the
burdens which rest upon her."
- MULLER
VS. OREGON, 208 U.S. 412, at 422 (1907).
=============================================================[470]
Sorry,
Gremlins, but each form of transportation should not be entitled to equality
before the Law; as F.A. Hayek stated so well, forcing legal rights equality on
material objects that operate best in different strata, always creates hard
damages. And men and women are very
different. [471]
[471]=============================================================
"...history
discloses the fact that women have always been dependent upon man. He established his control at the outset by
superior physical strength, and this control in various forms, with diminishing
intensity, has continued to the present.
As minors, though not to the same extent, she has been looked upon in
the courts as needing special care that her rights may be preserved... Though limitations upon personal and
contractual rights may be removed by legislation, there is that in her
disposition and habits of life which will operate against a full assertion of
those rights... Differentiated by these
matters from the other sex, she is properly placed in a class by herself, and
legislation designed for her protection may be sustained, even when like
legislation is not necessarily for men, and could not be sustained."
- MULLER
VS. OREGON, 208 U.S. 412, at 421 (1907).
=============================================================[471]
One of
the reasons why so many folks are sympathetic to the ERA, is that they know,
and properly so, that women have been given the short end of the stick by
having been denied political rights and enfranchisement in the past; and so now
is the time to right all of that and give women full dignity rights. That, too, sounds high, noble, and
righteous; but remember the highway transportation example I gave. The damages that are created by forcing
particular forms of transportation to operate on the same track with each
other, are not at all related to merely allowing men and women to have
identical political relationships with the State. This means that there is a big difference in legally forcing
particular forms to commingle with each other, as distinguished from allowing
each form to politically commingle with the State passively, if and when they
feel like it. Go back and read the ERA
again, as it does not just merely allow passive gender political equality
relationally with the State (which, of and by itself, is harmless and fine, and
I approve of); but it also forces hard inter-gender track commingling out in
the practical setting by jurisdictionally disabling distinctive customized
legislation that restrains particular forms from crossing over into each
other's paths and status. And therein
lies the presently invisible sinister objective that the world's Gremlins want
to see so much: Damages. [472]
[472]=============================================================
"A
doctrinaire equality, then, is the theme of the [Equal Rights] Amendment. And so women must be admitted to West Point
on a parity with men; women must be conscripted for military service equally
with men... girls must be eligible for the same athletic teams as boys in the
public schools and state universities; Boston Boys' Latin School and Girls'
Latin School must merge (not simply be brought into parity); life insurance
commissioners may not continue to approve lower life insurance premiums for
women (based on greater life expectancy) -- all by command of the Federal
Constitution."
- Paul
Freund of Harvard University in HEARINGS BEFORE SUBCOMMITTEE #4 OF THE
COMMITTEE ON THE JUDICIARY OF THE HOUSE OF REPRESENTATIVES, page 611, 92nd
Congress, First Session [Discussing House Joint Resolutions 35 and 208
"The ERA"] (March and April, 1971).
=============================================================[472]
Yes,
the police powers of Government are very often called upon by Special Interest
Groups to work Tortfeasance on others, [473]
[473]=============================================================
One
classic example can be found in footnote 6 to NEW MOTOR VEHICLE BOARD VS. ORRIN
FOX, which gives history to the California Automobile Franchise Act. In that Case, the Supreme Court reviewed a
grab of the use of the police powers of the State of California -- by
automobile dealers of all people -- to create a shared Commercial enrichment
monopoly for themselves to feast on, through the use of penal statutes. We are told that:
"Disparity in bargaining power
between automobile manufacturers and their dealers prompted some 25 states to
enact legislation to protect retail car dealers from perceived abusive and oppressive
acts by the manufacturers... Among its
other safeguards, the Act protects the equities of existing dealers by
prohibiting manufacturers from adding dealerships to the market areas of its
existing franchisees where the effect such intrabrand competition would be
injurious to the existing franchisees and to the public interest."
- NEW
MOTOR BOARD VS. ORRIN FOX, 439 U.S. 96, at 101 (1978).
Yes, if
you would believe those poor little downtrodden California car dealers, why
those evil and utterly heinous manufacturing vultures are just trampling all
other their rights; whereas talking about vultures -- those car dealers should
be the VERY LAST ONES to talk.
Appropriate medicine for the automobile dealers would be to pull their
thumbs out of their mouths, get rid of their corporate diapers, and have them
start taking some responsibility for the contracts they enter into, and stop
thinking in their typical enscrewment terms of how everything has always GOTTA
BE THEIR WAY (in a business sense, that is great if they can get away with
it). When negotiating with a car
manufacturer refusing to give them an exclusive geographically assigned
marketing district, then the car dealer should go negotiate with some other
manufacturer; but car dealers want the Franchise itself much more than they
want something derivative like protected marketing districts (which is only of
secondary importance); so as usual, car dealers seek to excuse their own
weakness and mistakes by calling on the guns and cages of the State to pick up
their loose ends and throw Torts at car manufacturers [and denying
manufacturers the ability to offer their Franchises with two prices: One with a protected district and one
without -- is a Tort against the manufacturer]. If assigned and protected geographical districts were really all
that important, prospective car dealers faced with such unfeasible proposed
contract terms could simply turn around and go negotiate with some other
manufacturer, even foreign manufacturers; thus leaving the uncompromising
manufacturers with the decision to either assign exclusive districts, or in the
alternative, face the consequences of not signing up any dealers. Who else is being damaged by politically
restricting the geographical placement of car dealers? The car buying public is -- as a reduction
in the number of automobile dealers can do absolutely nothing but constrict
retail competition and raise prices.
=============================================================[473]
but
legislators, however bought and purchased, will necessarily always have to cast
their Tortfeasance in noble and righteous sounding rhetoric. [474]
[474]=============================================================
RHETORIC
is the artificial elegance of language.
=============================================================[474]
But
important for the moment, no words in the proposed Equal Rights Amendment
itself lead anyone to suggest that someone as something possibly sinister
planned, just like there were no words in the proposed 25th Amendment of 1963
that would lead anyone to believe that someone has something possibly sinister
up his sleeves. Only a handful of
people knew at the outset of the 25th Amendment that Nelson Rockefeller had
grand sinister plans for that Amendment:
Plans that involved creating damages by murder, if necessary. [475]
[475]=============================================================
Whenever
Principles are violated, secondary damages follow later on its wake -- but the
surfacing of the secondary damages later on is so subtle as to render the true
causal point of origin almost invisible.
For example, let's say you are E. Howard Hunt, a career CRACKER for the
CIA. Having finished your mission on
the grassy knoll in Dealey Plaza in Dallas, having put in your honest days'
labor by helping to murder Jack Kennedy, under the cover of being a railroad
bum (an awfully clean looking bum), you turn around and leave the ambush
scene. WELL, THAT WAS BUSINESS.
...Now
it is nine years later, and now there has been another murder, but this time
things are different. This time a chill
travels up one side of your spine and down the other; this time things are
unpleasant; this time the victim is your wife, Dorothy Hunt. On Friday, December 8, 1972, some 200
Federal Agents from the Chicago offices of the FBI and DEA had travelled out to
Midway Airport, in advance, to wait for a United Airlines Flight #553 to crash
that afternoon; and they had brought with themselves machine guns and special
orders from Washington. The plane had
been rigged to self-generate an electrical blackout on arrival by having the
bus bar stripped down and replaced with a filament that would break on flight
descent; and the air traffic controllers were also standing by, ready to manufacture
a crash -- some of the most inhumane circumstances imaginable. On that flight was your wife, Dorothy,
carrying $2 million in bribe money from CREP (Committee to Re-Elect the
President); Dorothy had been sitting next to a sharp CBS newswoman, Michele
Clark [as sharp as journalists go], and had been spilling the beans. When the firetrucks and ambulances arrived
on the crash site, the jet (which had demolished a house), had already been
cordoned off by a small army of Federal Agents, and while pleas and wailings
for help by trapped passengers inside the jet could be heard at a distance by
emergency personnel, Federal Agents brandishing machine guns physically
restrained any help from reaching the jet.
The local rescue squads were shocked at what they saw, but the Federal
Agents were on a mission: To make sure
that Dorothy Hunt and the CBS Newswoman she was talking to, as well as other
troublesome people who were conveniently on board that were irritating to Attorney
General John Mitchell, were thoroughly incinerated.
...Now
let's say that you were E. Howard Hunt.
QUESTION: How would you have
known that helping out the Four Rockefeller Brothers to murder Jack Kennedy in
1963 would directly lead to the murder of your own wife nine years later, as
your supporting role in one Rockefeller PRESIDENTIAL REMOVAL OPERATION
organically grew into another?
ANSWER: You would not have known
-- secondary consequences are inherently latent and difficult to see. So when invisible PRINCIPLES OF NATURE are
violated [Would a CRACKER like E. Howard Hunt bother to concern himself with
PRINCIPLES?], damages to yourself will always surface at a later time, with the
true seminal point of causality also remaining largely invisible. And as we change settings, PRINCIPLES OF NATURE
never change; and the forced commingling of genders that the ERA will originate
will in fact generate damages later on, with the true seminal source of the
damages remaining largely obscured. If
the ERA does promote PRINCIPLES OF NATURE when forcing improvident inter-gender
commingling, then could someone please explain to me where it does so.
=============================================================[475]
And as
it is with those two Amendments, so it is with multiple other Amendments which
were appended to the Constitution after our Founding Fathers left the scene and
took their genius with them: The real
meaning of the "After Ten" Amendments are no where to be found on
their face, so a quick light facial reading of any of the "After Ten"
Amendments is to be discouraged. [476]
[476]=============================================================
"The
first eleven Amendments to the Constitution of the United States were intended
as checks or limitations on the Federal Government and had their origin in a
spirit of jealousy on the part of the States.
This jealousy was largely due to the fear that the Federal Government
might become too strong and centralized unless restrictions were imposed upon
it. The [Civil] War Amendments marked a
new departure and a new epoch in the constitutional history of the country,
since they trench directly upon the powers of the States, being in this respect
just the opposite of the early Amendments."
- Horace
Flack in THE ADOPTION OF THE FOURTEENTH AMENDMENT, at 8 [John Hopkins Press,
Baltimore (1908)].
=============================================================[476]
So this
REPUBLICAN FORM OF GOVERNMENT CLAUSE appropriately applies to everything from
Jury size to enlightenment on Jury Nullification, to a Jury of your Status
peers, to taxing powers, to police powers, to statutes sponsored by Special
Interest Groups: In any setting where
Minority Rights are being hacked away at.
All factors considered, I am opposed to the legal standing of the 14th
Amendment. Opposition to the legal
standing of the 14th Amendment will itself come with bitter opposition from
Blacks -- as the termination of the 14th Amendment will strip Blacks of all law
enforcement jobs and many elected Government positions where United States
Citizenship is required, and additionally create a status stigma over them that
is necessarily unpleasant for them.
Yet, despite those uncomfortable secondary practical effects of
terminating the 14th Amendment, such termination, if it ever occurred, would be
just the right medicine, as a disciplinary measure, to shake the King into
thinking twice before pulling anything like that off again; yes, a few good
selectively placed judicial spankings can act like restrainment magic in
preventing Royal Torts. After the Civil
War ended, Union troops remained quartered in several Southern States until
after they ratified the 14th Amendment:
To perfect by naked physical duress what could not be perfected by
arguments of reason and logic, political attraction, good common sense. [477]
[477]=============================================================
The
coordinated selected presence of Union and Confederate Troops in the South
after the Civil War to deal with the New York City sponsored Carpetbaggers is
something else.
=============================================================[477]
Even
so, Blacks do not have much substantive merit to their arguments that the
termination of the 14th Amendment would be detrimental to them, as they try to
deflect the termination of the 14th Amendment with their sweet sounding
rhetoric of unfairness. Sending the
Blacks back to Liberia, like was planned after the Civil War, isn't very likely
right now (although that would be just the right medicine to get rid of racism
in America, by getting rid of the irritant races). If the 14th Amendment was terminated tomorrow morning, the
political climate today is such that it would be reenacted by the Congress and
most States properly within a few weeks.
[478]
[478]=============================================================
The
26th Amendment under the incentive of light financial pressure by a Supreme
Court ruling, sailed through the States in a few weeks.
=============================================================[478]
And as
for the Supreme Court, rather than believing like they do that they are being
smart and clever by protecting the King when sweeping his dirty laundry under
the carpet for him, they would be truly wise, in contrast, to explore the
possibility that a few good public spankings once in a while are actually just
the right medicine to reduce their own Case load by conveying the message to
the King -- preventively -- that generous awards to remedy his Torts will be
enforced by the Court, and that fraudulent administrative announcements on
Constitutional Amendment Ratifications by Secretaries of State will be annulled
in due time. [479]
[479]=============================================================
"It
is a wholesome sight to see 'the Crown' sued and answering for its torts."
- Maitland
in 3 COLLECTED PAPERS, at 263 [quoted by Harold Last in THE RESPONSIBILITY OF
THE STATE IN ENGLAND, 32 Harvard Law Review 447, at 470 (1919)].
=============================================================[479]
Admiralty
Jurisdiction has a sister called Maritime Jurisdiction; and Maritime, like
Admiralty, is a body of Law international in character, and is considered by
Federal Judges to be the Law of all Nations.
[480]
[480]=============================================================
For a
commentary on Maritime having an international flair to it, see the remarks of
Gremlin Lord Mansfield, in 35 TULANE LAW REVIEW, at pages 116 to 118 (1960).
=============================================================[480]
In
1922, Justice Holmes of the United States Supreme Court had a few words to say
about the reason why we are now burdened down with Maritime Jurisdiction:
"There is no mystic overlaw to which
the United States must bow... However
ancient may be the traditions of Maritime Law, it derives its power from having
been accepted in the United States."
[481]
[481]=============================================================
THE
WEST MAID, 257 U.S. 419, at 432 (1921).
=============================================================[481]
Like
the National acceptance of Maritime Jurisdiction by the Federal Judiciary, it
is the individual acceptance of the benefits of King's Admiralty Jurisdiction
by you that is your problem, and not the universal benign assertion of that
Jurisdiction by the King that is your problem.
Yes, Admiralty Jurisdiction is a jurisdiction skewed heavily to favor
the King, and it very much operates in chronologically compressed giblet cracking
Summary Proceedings. Yes, Admiralty has
quite a reputation for being curt and abbreviated, and the curtness of
Admiralty extends even into such areas as pleading itself. [482]
[482]=============================================================
"But
in the Admiralty, as we have said, there are no technical rules of variance or
deception. The court decrees upon the
whole matter before it..."
- DUPONT
VS. VANCE, 60 U.S. 162, at 173 (1856).
=============================================================[482]
This
silent benefit acceptance is what is partially responsible for the King's
ability to throw his Special Interest Group criminal LEX at us: Without any express contract, without any
MENS REA, and without any CORPUS DELECTI damages anywhere; that's right, no
damages to be found anywhere, no evil State of Mind as a driving force in the
mind of the actor, and seemingly, no contract:
Just summary giblet cracking.
The King is making an assertion of Admiralty Jurisdiction here against
you, but it is an assertion only in the sense that it is a qualified
assertion: The Judiciary exists to
intervene and separate the King from you, after you have filed your NOTICE OF
SEVERANCE and WAIVER, FORFEITURE, AND REJECTION OF ADMIRALTY BENEFITS on the
King, and have recorded a rescission ["Waiver and Rejection of
Benefits"] derived from your Birth Certificate in your County Clerk's
Office, and NOTICE OF ENFRANCHISEMENT BENEFITS FORFEITURE, and NOTICE OF
STATUS, that you are a STRANGER TO THE PUBLIC TRUST. [483]
[483]=============================================================
"The
end of the institution, maintenance, and administration of government is to
secure the existence of the body politic, to protect it, and to furnish the
individuals who compose it with the [benefit] of enjoying in safety and
tranquility their natural rights.
... The body politic is formed
by a voluntary association of individuals; it is a social compact [contract],
by which the whole people covenants with each citizen, and each citizen with
the whole people, that all shall be governed by certain laws for the common
good."
- The
Preamble of the 1780 Massachusetts Constitution, F.N. Thrope, editor, III THE
FEDERAL AND STATE CONSTITUTIONS, COLONIAL CHARTERS, AND OTHER ORGANIC LAWS OF
THE UNITED STATES, at pages 1888, et seq. (GPO, Washington, 1907), 7 volumes.
=============================================================[483]
The
word "Trust" itself means contract.
However, the mere unilateral declarations by you of your relational
Status EX-CONTRACTU means nothing by itself without a correlative substantive
contract annulment termination; and by the end of this Letter you will see the
correct contract annulment procedure.
PUBLIC TRUST CONTRACTS are in effect automatically by your acceptance of
juristic benefits -- an acceptance that takes place, very properly, through
your silence, as I will explain later; but getting out of Public Trust
Contracts is a different story. [484]
[484]=============================================================
The
PUBLIC TRUST is cited by judges as justification to throw penal LEX at folks
where there is no Tort indicia of MENS REA or CORPUS DELECTI damages present in
the factual setting, and neither is there any specific contract that can be
cited. For example, growing a Marijuana
plant in your backyard, or gambling in your basement, offers no contractual
infraction, no MENS REA, and no CORPUS DELECTI damages anywhere; and the
incarceration of Individuals under such a factual setting is an operation of
MAJORITARIANISM to the extreme, and is supposed to be forbidden under the
Constitution's REPUBLICAN FORM OF GOVERNMENT CLAUSE. Question: How do judges,
who know all of that, circumvent the positive restrainments in the REPUBLICAN
CLAUSE? The answer is best explained by
way of analogy:
"The State, on the other hand, has a
substantial interest in protecting its citizens from the kind of abuse which
[this Case is about]. ...our decisions
permitting the exercise of state jurisdiction in tort actions based on violence
or defamation have not rested on the history of the tort at issue [which falls
clearly under Tort Law principles], but rather on the nature of the State's
interest in protecting the health and well being of its citizens [which is an
operation of indirect third party contract]."
- FARMER
VS. CARPENTERS, 430 U.S. 290, at 302 (1976).
Since
the turning point in FARMER was the allowance of State jurisdiction to
intervene where only some prospective or indirect damages existed to its
Citizens under protective contract, then the criminalization of innocuous
relationships that folks have with plants in their backyards and with policy
slips in their basements is similar predicated on the interest of the State in
protecting the health and well being of its Citizens from prospective or
indirect damages -- and the fact that the State itself is unnecessarily
creating damages where there were none before, is a question not relevant to
the factual setting addressed. In this
way, coming to grips with the direct question of identifying either hard
damages or a contract is avoided, and is replaced by the Judiciary with the
indirect milktoast question of possible prospective damages to Citizens [who
are being protected under contract], by third parties. In this slick way, a violation of the PUBLIC
TRUST is referred to as incarceration justification -- but as is usual, it is
an invisible contract that is to be found lying at the bottom of this
circumvention of the Principles behind the REPUBLICAN CLAUSE. However, as surprising as it may sound,
Government is not being placed in any special or privileged status here by the
Judicature of the United States, as factually innocent third parties (like
gamblers and Marijuana growers) are damaged via incarceration. In 17 Harvard Law Review at 171 (1903),
there lies an article by James Ames entitled SPECIFIC PERFORMANCE FOR AND
AGAINST STRANGERS TO THE CONTRACT, wherein he discusses how third parties,
interfering (or seeming to interfere) with the Commercial contract
administration of others can be hauled into a Court and have an Injunction
thrown at them -- then incarceration follows for continued disobedience. So the right of your regional Prince to
throw penal LEX at you without any IN PERSONAM contract in effect and no Tort
indicia damages, is no different from the recourse available to non-juristic
Persons to throw their contract irritants into jail via a CONTEMPT
CITATION. As is usual, it is ultimately
a contract lying at the bottom of all of this.
=============================================================[484]
And the
Contract remains in effect until you correctly attack the Contract
substantively, such as through FAILURE OF CONSIDERATION by the timely rejection
of benefits.
The
14th Amendment story is a very long one, and that is another Letter. If you at all question the ability of that
14th Amendment to actually do all of this, then may I suggest that you consider
the possibility of reading the 14th Amendment over very carefully, and ask yourself
why questions of debt validity would be discussed in a Constitutional Amendment
and not in statutes? Like the 16th
Amendment, what words an Amendment contains actually spell a far different
story than what a light quick reading of the Amendment actually conveys. The Judiciary of the United States has never
applied the force of a Constitutional Amendment to a specific factual setting
in a grievance presented to it that I can remember without a prior detailed
analysis of the Amendment Clause's real meaning through successive cases; and I
would suggest that we all follow similar detailed procedure. And as for debt collection, the Congress
already had all of the necessary initiating jurisdiction in the original
version of the Constitution of 1787 to borrow money and pay debts. What was different about the Civil War Era
that prompted the RADICAL REPUBLICANS, so called, into placing that language
into that Amendment? [485]
[485]=============================================================
The low
profile background involvement of the RADICAL REPUBLICANS in working the 14th
Amendment through the Congress is discussed in an article by Daniel Farber,
entitled THE IDEOLOGICAL ORIGINS OF THE 14TH AMENDMENT, 1 Constitutional
Commentary 235 (1984).
=============================================================[485]
(An
examination of the DRED SCOTT Case may open your eyes). [486]
[486]=============================================================
Many
times groups of people that hold special interest make their descent on
Congress; some are under cover on missions for Gremlins, while others have the
best of intentions. For example, one
such group with the best of intentions surfaced in 1954 by proposing an
amendment to the Constitution recognizing the authority, dominion, and laws of
Jesus Christ. Citing Supreme Court
rulings declaring that the United States was a Christian Republic, and other
legal commentators like Kent, an impressive statement was made that irritated
Jewish spokesmen [see HEARINGS BEFORE A SUBCOMMITTEE OF THE COMMITTEE OF THE
JUDICIARY OF THE UNITED STATES SENATE, 83rd Congress, Second Session,
discussing Senate Joint Resolution 87 (May 13 and 17, 1954)]. However well meaning those folks were, the
enactment of such a Constitutional amendment would have the Federal Government
assume the role of Tortfeasor on PERSONS antagonistic to Jesus Christ. So the placement of that proposed Christian
Amendment on to a Juristic Institution's Charter, may have been improvident --
at that time.
=============================================================[486]
The
severance of yourself away from the Admiralty Jurisdiction that the 14th
Amendment creates for the King is by Rescission and a Notice of Public Record
served on the King, Notifying him that your acceptance of his assertion of
Admiralty Jurisdiction and his contemporary version of old Roman Civil Law on
you is now terminated, and that all benefits he intends to offer on the good
ship United States, particularly those benefits of Limited Debt Liability, are
now declined, rejected, and waived.
Remember that it is the WAIVER OF BENEFITS in the practical setting that
terminates contract liability, and not the so-called NOTICE OF RESCISSION
CONTRACT, IN REM I hear talked about, which means absolutely nothing. [487]
[487]=============================================================
Another
legal definition of WAIVER is that a WAIVER is an intentional relinquishment of
a known right. So, naturally, one who
waives must intend to do so and must know of the existence of the right which
he gives up. See generally INSURANCE --
THE DOCTRINES OF WAIVER AND ESTOPPEL in 25 Georgetown Law Journal 437 (1937).
=============================================================[487]
Contracts
do not dissolve themselves merely because you announce a Rescission to the
world; contracts can only be unilaterally terminated by you for good reason,
such as a required Operation of Nature that collapsed -- such as FAILURE OF
CONSIDERATION or default by the other Party, etc. [488]
[488]=============================================================
Yes,
the Law does operate out in the practical setting -- it is out there where
liability attaches, and it will also be found out where liability detaches, and
not on paper as many Tax Protesters would like you to believe; our Father's Law
is not predicated upon the existence on recent technological innovations like
INK AND PAPER. For example, Marriage
Covenants entered into before a judge -- signed, sealed, delivered, and
possessing all of those correlative requisite legal indicia that characterize a
juristic Civil Law Marriage mean absolutely nothing if the Marriage Covenant
did not physically start by reason of cohabitation out in the practical
setting. Common Law does not recognize
the merely contractual marriage that took place SEEMINGLY by acknowledgement in
front of a judge, but also requires cohabitation as a key indicia to deem the
Marriage valid. Therefore, in MILFORD
VS. WORCESTER [7 Massachusetts 48 (1810)], the wife was deemed not
married. The WORCESTER Court relied in
turn on an English case written by Lord Mansfield in MORRIS VS. MILLER [4 Burr.
2059] stating that acknowledgement, cohabitation, and reputation are all key
indicia to determine a Marriage's validity.
[See generally, Stuart Stein in COMMON LAW MARRIAGES, 9 Journal of
Family Law 271 (1969)].
=============================================================[488]
Those
last few words I just spoke are the Grand Key to effectuating a rescission that
the Supreme Court will respect. Remember
the Pan Am jet leasing example and our friend the roofing contractor: You don't need a written contract on someone
else to work him into an immoral position if the money is not handed over. So too you don't need any evidence of
someone else's knowledge of the existence of the facial contract to extract
money out of him as well. But you do
need to show an acceptance of benefits.
And when the King publishes a large volume of statutes that define
statutory benefits, a good case can be made that liability exists, even in
ignorance, under the RATIFICATION DOCTRINE I will discuss later. And so those individuals who have filed a
NOTICE OF RESCISSION OF CONTRACT, IN REM regarding their Birth Certificate are
deceiving themselves, as that Rescission, of and by itself, means absolutely
nothing. You missed altogether the one
single most important feature that attaches liability to contracts: The acceptance of benefits out in the
practical setting. Correctly written,
those contract Rescissions many folks have been filing should emphasize that
benefits are being waived, rejected, and forfeited, and no benefits are being
accepted; and excessive attention to the existence of the facial Birth
Certificate document itself, is in error.
And it is the rejection of benefits that is the Grand Key to unlock an
adhesive attachment of state taxation jurisdiction. [489]
[489]=============================================================
In the
context of a discussion as to whether or not state revenue jurisdiction attached
to a corporation, consider the following words:
"...the simple but controlling
question is whether or not the state has given anything for which it can ask
return."
- COLONIAL
PIPELINE VS. TRIAIGLE, 42 U.S. 100, at 109 (1974).
=============================================================[489]
I know
of several criminal prosecutions where merely filing a clumsy Objection to the
14th Amendment in their local county recorder's office terminated the
prosecution. In one Case, there was a
pre-Trial dismissal; in others appeal was necessary, with the prosecution being
sandbagged on appeal. In another
Federal criminal Case, the Defendant was mysteriously released from pre-Trial
commitment on his friend's Noticing the Court of his Status and Rescissions. (Even though his Rescissions were deficient
in Waiving Benefits). That is just how
powerful that 14th Amendment really is -- so much so that improperly prepared
defense attacks have been summarily granted at the trial level occasionally to
terminate prosecutions. But remember
that absent an explicit appellate court ruling, lower Trial Magistrates will
always rule inconsistently; so propagating legal suggestions based on a handful
of isolated trial level victories is improper.
The 16th Amendment story is not taught to Federal Judges in their
seminars, and so in a similar way, there will be inconsistent Trial level
rulings on 16th Amendment pleadings just as there is now inconsistent trial
level rulings on the 14th Amendment, until such time as the High Lama in
Washington settles the question [and they will settle it by affirming an
Individual's liability attachment to the Internal Revenue Code of Title 26,
while ignoring the 16th Amendment as being either necessary or as a source of
jurisdiction, as I will explain later.]
So it
is the acceptance of the benefits of Admiralty Jurisdiction by us that is
responsible for this state of affairs, and not totally by the King's benign
juristic aggression. [490]
[490]=============================================================
And as
the QUID PRO QUO of taxation reciprocity expectations are being held binding
because benefits were previously accepted, is applied to the King, so too does
this QUID PRO QUO also apply to the several regional Princes:
"Accordingly, decisions of this
Court, particularly during recent decades, have sustained non-discriminatory...
state corporate taxes... upon foreign corporations... when the tax is related
to a corporation's local activities and the State has provided benefits and
protections for which it is justified in asking a fair and reasonable
return."
- COLONIAL
PIPELINE VS. TRIAIGLE, 421 U.S. 100, at 108 (1974).
=============================================================[490]
And if
the contract calls for Admiralty Jurisdiction, and you are still experiencing
Federal Benefits, the contract is still very much in effect, regardless of what
unilateral declaration you announce to the world with your Birth Certificate
document. Any snickering at Federal
Judges for ruling adversely against us under a factual setting that skews off
on a tangent favoring the King by virtue of multiple invisible contracts in
effect is improvident; and any tongue-lashing administered by the Judge in such
an adhesive Admiralty Jurisdiction environment is a fully earned account.
The
invisible Birth Certificate Enfranchisement story, and the hairy tentacles of
Admiralty and Equity Jurisdiction it attaches, is a long one (and that is
another Letter, and further elucidation in this Letter is unwarranted), but the
important realization is that none of this introductory information I have told
you is to be found anyplace in the typical juristic sources of legislative or
judicial pronouncements. The assertion,
all across the United States, of such an Enfranchised jurisdiction without your
knowledge and perhaps even alien to your desired Status, originates out in the
practical setting, and it is also there in the practical setting that it will
be terminated by you: Without any
statutes saying you can, without Presidential certification saying you can,
without New York news media approval saying you can, and without a Court ruling
from a judicial tribunal differentiating criminal liability on Persons based on
Public Trust Status grounds. None of
those sources will ever tell you that contract termination can be perfected by
Rescission and Waiver and Rejection of Benefits. It is only your own exploratory self-initiative that will
terminate this adhesive attachment of King's Equity and Admiralty Jurisdiction
taxing liability; and Federal Judges are correct in so attaching Title 26
liability to Enfranchised Persons accepting Citizenship benefits, benefits the
King has created and offered. And your
Status and your Benefit Waivers are very much a powerful practical instrument
to use to rescind invisible Admiralty Contracts the King will never publicly
admit to their existence... Only a tine
handful of words in a few Federal Appellate Courts cautiously speak about the
significance of Admiralty Jurisdiction in a Tax Collection setting. I know of some Judges who only reluctantly
talk about these concepts in their chambers, but clam up tight and refuse to
talk about anything in their Court while on the record; almost as if they are
afraid of being eaten alive by a super-sized Black Widow Spider. But the most important item of business is
waiver, forfeiture, and rejection of benefits -- and to accomplish that, your
explicit disavowal is required. [491]
[491]=============================================================
When
discussing the attachment of liability to taxation statutes, the Supreme Court
has very simple rules:
"The question is whether... [General
Motors accepted] consequent employment of the opportunities and protections
that the State has afforded. ... The simple but controlling [taxation]
question is whether the state has given anything for which it can ask
return."
- GENERAL
MOTORS VS. THE STATE OF WASHINGTON, 377 U.S. 441 (1963).
And
when the record shows that benefits have been accepted, then rightful liability
does correctly attach, as reciprocity is expected back in return and there lies
a contract.
=============================================================[491]
Yet,
that story of the relationship in effect between Admiralty Jurisdiction and the
14th Amendment is only the first layer of two layers of Admiralty Jurisdiction
that the King has to justify picking your pockets clean. The second layer of Admiralty involves your
acceptance of Social Security benefits.
Very simply stated, Social Security is an insurance program with
Premiums being paid into it, claims being paid out of it, and future retirement
endowment benefits are being accepted.
[492]
[492]=============================================================
Therefore,
contracts are in effect, right? The
correct answer is partly yes and partly no.
This Social Security is a hybrid.
Although revenues extracted from the Countryside by the King on this
Rockefeller wealth redistribution scheme originate under juristic contracts (or
shall we say, justified by the imposition of contracts), however, when it comes
time for the King to start to decide just where and when and to whom is he
going to redistribute the loot to, now all of a sudden the contract is gone from
the scene, and the political Tort question of fairness enters into the scene;
and the reason is because Social Security does not conform with the contractual
model of an Insurance Annuity policy:
"The Social Security system may be
accurately described as a form of Social Insurance, enacted pursuant to
Congress' power to "spend money in aid of the 'general welfare',"
Helvering vs. Davis [301 U.S., at 640], whereby persons gainfully EMPLOYED, and
those persons who EMPLOY them, are taxed to permit the payment of benefits to
the retired and disabled, and their dependents. Plainly the expectation is that many members of the present
productive workforce will in turn become beneficiaries rather than supporters
of the program. But each worker's
benefits, though flowing from the contributions he made to the national economy
while actively EMPLOYED, are not dependent on the degree to which he was called
up to support the system by taxation.
It is apparent that the non-contractual interest of an EMPLOYEE covered
by the Act cannot be soundly analogized to that of the holder of an annuity,
whose right to benefits is bottomed on his contractual premium payments."
- FLEMMING
VS. NESTOR, 363 U.S. 603, at 609 (1960).
The
reason why Social Security does not replicate an Insurance Annuity in the
classical sense is because, unlike Annuities, Social Security has:
"...a clause reserving to it '[t]he
right to alter, amend, or repeal any provision' of the Act. [Title 42, Section 1304]"
- FLEMMING,
id., at 611.
Annuity
Policies do not have the right to pay out of the Annuity whatever the Insurance
Company now feels like paying; Insurance Companies cannot just drop the
payments to zero or to a low level simply because they feel like it -- BECAUSE
NO ONE WOULD BUY THAT GAME -- but Congress does have this right to make payout
changes, because people who have paid into Social Security over the years did
so knowing [or should have known] that their retirement benefits are
indeterminate, that they have no recourse to sue the Congress if they do not
approve of the payout level when they retire, and that the Congress retains the
right to pay out nothing [if that day should ever come when the Congress feels
like it]. And since Congress has the
right to change the terms of the Social Security payout rates at its sole
discretion, then payout schedules and the like [unlike Insurance Annuity
contracts where everything is agreed upon exactly and set certain, up front],
Federal Courts have been reluctant to:
"...engraft upon the Social Security
system a concept of 'accrued property rights' [since that] would deprive it of
the flexibility and boldness in adjustment to ever-changing conditions which it
demands."
- FLEMMING,
id., at 610.
Since
people entering into a participatory relationship with Social Security have no
fixed, specific, or exactly known expectation of what their level of benefits
might be in the future, Federal Courts have declined invitations to force the
issuance of such benefit payments, and have declined invitations to declare
that Social Security beneficiaries posses what Judges call VESTED PROPERTY
RIGHTS in Social Security [if you have a VESTED PROPERTY RIGHT in something,
you can force its surrender over to you].
The payout question is, quite reasonably, a purely POLITICAL QUESTION
(as Federal Judges would call it), for the Congress to decide. Yes, Judges did correctly characterize this
one as being POLITICAL.
=============================================================[492]
Several
private commentators have suggested that there is a close correlation between
what is called TONTINE INSURANCE and Social Security. Tontine Insurance is characterized as benefiting only the
remaining survivors of the policy holders, i.e., no money is paid out to those
Persons who die off. Thus, the
Insurance Company pays out benefits to the survivors based on the Premium
forfeitures that those who died (and got nothing) left behind. So the survivors are enriched based on
maximizing the number of co-policy holders that have died off. [493]
[493]=============================================================
Tontine
Insurance has been analogized to contracts constituting a wagering operation,
and therefore forbidden under the policy doctrine of gambling intolerance.
"In support of their contention that
the DUAL-PAY policy does not offend against public policy as a wagering
contract, respondent refers us to cases dealing with the Tontine or
Semi-Tontine Plan of Insurance. Under
such plan no accumulation of earnings are credited to the policy unless it
remains in force for the Tontine period of a specific number of years. Thus, those who survive the period and keep
their policies in force share in the accumulated fund. Those who die or who permit their policies
to lapse during the period do not, neither do their beneficiaries participate
in such accumulation. ..."
"We have concluded that the MORTALITY
ENDOWMENT provision of the DUAL-PAY policy for the reasons herein stated, is a
wagering contract."
- COMMERCIAL
TRAVELER'S INSURANCE COMPANY VS. CARLSON, 137 Pacific 2nd 656, at 660 (1943).
=============================================================[493]
Think
about that for a moment, because it fits Social Security straight down the
line. In Social Security, if you die,
your wife gets nothing (with a few dog bone exceptions), but rather what would
have gone to you is simply given away (forfeited) to other Premium payers who
haven't died yet. [494]
[494]=============================================================
As you
can feel, insurance programs based on the Tontine Model are quite unfair and
are actually degenerate, but coming down Lucifer's chain of command from
Rockefeller Cartel Gremlins to their imp nominee Franklin D. Roosevelt like it
did, and then blossoming out into the open public amid FDR's insincere
orations, ceremonial pomp, and irritating little propositional lies, we really
shouldn't be too surprised. A great man
once had a few words to say about Principles, popularity, and political
opportunities:
"Men are often asked to express an
opinion on a myriad of Government proposals and projects. All too often, answers seem to be based not
upon solid Principles, but upon the popularity of the specific Government
program in question. Seldom are men willing
to oppose a popular program if they themselves wish to be popular -- especially
if they seek public office.
"Such an approach to vital political
questions of the day can only lead to public confusion and legislative
chaos. Decisions of this nature should
be based upon and measured against certain basic Principles regarding the
proper role of Government. If
Principles are correct, then they can be applied to any specific proposal with
confidence.
"Unlike the political opportunist,
the true Statesman values Principles above popularity and works to create
popularity for those political Principles which are wise and just.
"It is generally agreed that the most
important single function of Government is to secure the rights and freedoms of
individual Citizens. But, what are
those rights? And what is their
source? Until these questions are
answered, there is little likelihood that we can correctly determine how
Government can best secure them.
"Let us first consider the origin of
these freedoms we have come to know as human rights. Rights are either God-given as part of the divine plan or they
are granted by Government as part of the political plan. Reason, necessity, tradition, and religious
convictions all lead me to accept the Divine origin of these rights. If we accept the premise that human rights
are granted by Government, then we must accept the corollary that they can be
denied by Government. ...
"We should recognize that Government
is no plaything. It is an instrument of
force; and unless our conscience is clear that we would not hesitate to put a
man to death, put him in jail, or forcibly deprive him of his property for
failing to obey a given law, we should oppose the law. ...
"Once Government steps over this
clear line between the protective or negative role into the aggressive role of
redistributing the wealth through taxation and providing so-called
"benefits" for some of the Citizens, it becomes a means for legalized
plunder. It becomes a lever of
unlimited power that is the sought-after prize of unscrupulous individuals and
pressure groups, each seeking to control the machine to fatten his own pockets
or to benefit his favorite charity, all with the other fellow's money, of
course. Each class or special interest
group competes with the others to throw the lever of Government power in its
favor, or at least to immunize itself against the effect of a previous
thrust. Labor gets a minimum wage. Agriculture gets a price support. Some consumers demand price controls. In the end, no one is much further ahead,
and everyone suffers the burden of a gigantic bureaucracy and a loss of
personal freedoms. With each group out
to get its share of the spoils, such Governments historically have mushroomed
into total welfare states. Once the
process begins, once the Principle of the protective function of Government
gives way to the aggressive or redistributive function, then forces are set in
motion that drive the nation towards totalitarianism."
- Ezra
Taft Benson in CONFERENCE REPORTS, at page 17 ["Political Opportunists --
Origin of Human Rights -- Legalized Plunder"] (October, 1968).
=============================================================[494]
But the
Congress does recognize Social Security as an insurance operation, and in Title
42, which contains the Social Security Act, there are numerous blunt references
to Social Security to be structured as the insurance program that it is; such
as:
Title II:
"Federal Old Age... Insurance Benefits"
Section 402(b): "Wife's insurance benefits"
Section 415: "Computation of Primary Insurance"
Section 423: "Disability Insurance Benefit Payments"
Section 426(a): "Transitional provision... for hospital insurance
benefits"
When
the Congress created the Social Security program itself in the 1930s, the
creation legislation specifically referred to their intention and desire to
have Social Security be modeled around that collectivist welfare program of
social insurance that its Gremlin sponsors wanted so much.
"The [Social Security] Board shall
perform the duties imposed upon it by this Act and shall also have the duty of
studying and making recommendations as to the most effective methods of
providing economic security through social insurance, and as to legislation and
matters of administrative policy concerning old-age pensions, unemployment
compensation, accident compensation, and related [insurance]
subjects." [495]
[495]=============================================================
THE
SOCIAL SECURITY ACT, 49 U.S. Statutes at Large, page 636 (August, 1935).
=============================================================[495]
Social
Insurance itself is commonly defined as an Insurance program:
"SOCIAL INSURANCE: A comprehensive welfare plan established by
law, generally (compulsory) in nature, and based on a program which spreads the
cost of benefits among the entire population rather than on individual
recipients. The federal government
began to use insurance programs in 1935 with the passage of the Social Security
Act. The basic federal and state
approaches to social insurance presently in use are: Old Age, Survivors, and Disability Insurance (i.e., social
security); Medicare and Medicaid; unemployment insurance; and worker's
compensation." [496]
[496]=============================================================
BLACK'S
LAW DICTIONARY, 5th Edition.
=============================================================[496]
If in
fact Social Security is an Insurance Program at law, then the reason why the
King has another invisible layer, a second layer, of Admiralty Jurisdiction to
steam roll you over with, is because in the United States, going clear back to
Day One, the Federal Judiciary has always considered grievances that were
brought into their Court based on POLICIES OF INSURANCE, to fall under the
summary giblet cracking legal reasoning of Admiralty Jurisdiction:
"My judgment accordingly is, that
policies of insurance are within... the admiralty and maritime jurisdiction of
the United States." [497]
[497]=============================================================
Federal
Judge Story, in DELOVIO VS. BOIT, 7 Federal Cases, #3776, at page 444 (1815).
=============================================================[497]
In
1870, the Supreme Court of the United States reviewed in extended detail the
history of Admiralty Jurisdiction as it relates to insurance contracts, and of
the opinion of Judge Story in DELOVIO, and then affirmed DELOVIO; ruling that
insurance policies are now to be considered without any dispute as being
contracts within Admiralty Jurisdiction, and this remains true even though the
contracts were written on land with no part or party to the contract having
anything to do with a marine or High Seas physical setting. [498]
[498]=============================================================
INSURANCE
COMPANY VS. DUNHAM, 78 U.S. 1 (1870).
=============================================================[498]
So, it
is the fact that Social Security is an Insurance Program that is the tie-in
between that IRS 1040 form, and Admiralty Jurisdiction. [499]
[499]=============================================================
"Polices
of insurance are known to have been brought into England from a country that
acknowledged the civil law [as distinguished from the Common Law]. This must have been the law of policies at
the time when they were considered as contracts proper for the admiralty
jurisdiction."
- CROUDSON
VS. LEONARD, 8 U.S. 434, at 435 (1808).
=============================================================[499]
No,
that Social Security Number of yours is not "just a number" -- it is
a Taxpayer Identification Number, just like that bank account of yours is not
"just a checking account."
The fact that so many other folks have these instruments does not reduce
or diminish their legal significance in a Federal Courtroom. Just because you are surrounded by a very
large number of fellow people who also have these multiple instruments does not
mean that they loose their force or effect in Status declension to perfect an
attachment of King's Equity Jurisdiction.
The commingling of the passive national acceptance of these instruments,
with an attitude that there just must not be that much special significance to
these instruments, is defective reasoning.
Remember
the environment of risk that insurance underwriters encumber themselves with
when writing insurance policies for merchandise that goes afloat on the High
Seas: That is where Maritime (now
Admiralty) Jurisdiction has formed and took root. Initially, "Policies of Assurance" grew out of the
DOCTRINE OF CONTRIBUTION AND GENERAL AVERAGE, which is found in the Codes of
the ancient Rhodesians. By this
doctrine, if any ship, cargo, or freight was lost, damaged, etc., then all of
the remaining pool holders had to contribute their proportionate share of the
loss. This division of loss naturally
suggested a division of risk: First
amongst those engaged in the same enterprise, and Second, amongst associations
of ship owners and shipping merchants.
So what we have here is mutual insurance. [500]
[500]=============================================================
This
discussion is extracted from INSURANCE COMPANY VS. DUNHAM, 78 U.S. 1, at 32
(1870).
=============================================================[500]
Once
mutual insurance was accepted as a common business practice, it was made
obligatory in Italy and Portugal, [501]
[501]=============================================================
INSURANCE
COMPANY VS. DUNHAM, id., at page 33.
=============================================================[501]
and the
next step up its ladder of organic development was that of insurance risk
assumed upon a paid-in premium. Once
insurers became acquainted with the risks and numbers involved with merchandise
floating around on the High Seas, they then became willing to guaranty against
damages for a small specific premium paid.
[502]
[502]=============================================================
INSURANCE
COMPANY VS. DUNHAM, id., at page 33.
=============================================================[502]
So
contemporary American legal reasoning is that, well, the risk environment of
premium based insurance policies should be the same today as it was under the
old days of marine based Maritime, because the legal grievance adjudication
environment that insurance underwriters used to encumber themselves with back
then is replicated over again today when anyone goes to an insurance company
and asks them to assume some risk they don't feel like taking themselves. As you and I would perceive it, that line of
comparative reasoning is not quite accurate, because folks today are forced
into Social Security and automobile insurance they would not have bought if
left to their own free will and business judgment, but state penal Special
Interest Group motor vehicle statutes and clever Federal administrative rule
making on Employers has changed all that -- but with virtually no one filing an
Objection to their involuntary entrance into policies of insurance, Federal
Judges had little choice but to obey the mandates of the Supreme Court, until
such time as a different factual setting (regarding the involuntary application
of Admiralty applied coercively) is presented to them.
Yes,
very much, now you should see the fact that there is a strong relationship
going on nowadays between the collection of Internal Revenue and Social
Security insurance premiums in the United States and Admiralty Jurisdiction. The IRS generally does not pursue folks for
Tax Collection purposes without a Social Security Number having appeared
somewhere, absent special circumstances ("...GET HIM"); although
remember that Social Security is only one of several King's Equity contracts
most folks have with the King, and the IRS does not have to have a Social
Security Number to go after someone.
Through the unnecessarily expansive legal reasoning on Insurance
policies, and through the historical custom of marine merchants, this Admiralty
Jurisdiction which grew up out on the High Seas to govern the risk and
risk-taking marine based grievances of merchants, and where it still belongs
today, is now inland all over the United States. [503]
[503]=============================================================
Although
Admiralty Jurisdiction may be designed, in its optimum sense, to rule over
grievances originating out on the High Seas, the Supreme Court does not want
Admiralty Jurisdiction to be so geographically restricted in its locus to water
only:
"The exclusive jurisdiction in
admiralty cases was conferred on the national government, as closely connected
with the grant of the commercial power [of Article I, Section 8]. The Admiralty court is a maritime court instituted
for the purpose of administering the laws of the seas. There seems no ground, therefore, for
restraining jurisdiction, in some measure, within the limit of the grant of the
commercial power [the power to regulate Interstate Commerce]; which would
confine it, in cases of contracts, to those concerning navigation and trade of
the country upon the high seas and tidewaters with foreign countries..."
- NEW
JERSEY STEAM VS. MERCHANTS' BANK, 47 U.S. 344, at 392 (1815).
In
1919, there appeared an article in Harvard Law Review, in a commentary written
by the Editors, discussing the background history of how Admiralty Jurisdiction
had once came ashore to find a home inland for a short time in England; but in
America, when Admiralty came ashore at an early date, it stayed ashore:
"In the fourteenth century, the
jurisdiction of admiralty, which until that time had been extended to all cases
partaking of a maritime flavor, was greatly curtailed by successive
enactments. [Goldolphin, A VIEW OF
ADMIRALTY JURISDICTION, c.12. See
DELOVIO VS. BOIT, 2 Gall. (C.C.) 398, 418].
Thereafter, the court could not take cognizance of a contract made on
land, even if to be performed at sea.
SUSANO VS. TURNER, Noy, 67 CRADDOCK'S CASE, 2 Brownl. & Gold
39. Nor if made at sea to be performed
on land. BRIDGEMAN'S CASE, Hobart
II. These restrictions upon admiralty
jurisdiction were rejected in the United States from an early date. THE LOTTAWANNA, 21 U.S. 558; WARING VS.
CLARKE, 5 U.S. 44]. The civil
jurisdiction was made to depend, not as in matters of tort upon locality, but
upon the subject matter of the contract, which must be essentially concerned
with maritime services, transactions, or causalities."
- ADMIRALTY
-- JURISDICTION -- TEST OF JURISDICTION OVER CONTRACTS, 33 Harvard Law Review
853 (1919).
=============================================================[503]
Yes,
the King did acquire this envious enrichment machine (an enrichment machine
that Kings and looters in other countries only wildly dream in fantasy about
possessing for themselves) through the clever use of Admiralty Jurisdiction --
but never forget that before we badmouth the King for his Torts, first we
examine our own circumstances. The one
real reason why there are two separate layers of Admiralty Jurisdiction
smothering us all today is because we gave the King the right to lay Admiralty
on us like that, both individually and collectively. Yes, the King has a demon chokehold of Admiralty over most of us,
but an even more honest assessment of the passing American scene today is that
many folks out there way (that's right, WANT) Social Security. If you do no more than go around town and
select a typical cross-profile of people at random, you will find that Social
Security, so-called, isn't so badly thought of as many Patriots believe. [504]
[504]=============================================================
Yes,
Social Security is quite popular today.
No sooner had Social Security been enacted by the Congress, then both
Republicans as well as Democratic Parties quickly endorsed the idea as a great
thing:
"We have built foundations for the
security of those who are faced with the hazards of unemployment and old age;
for the orphaned, the crippled, and the blind.
On the foundation of the Social Security Act we are determined to erect
a structure of economic security for all our people, making sure that this
benefit shall keep step with the ever increasing capacity of America to provide
a high standard of living for all its citizens."
- DEMOCRATIC
PARTY PLATFORM OF 1936, at page 360, infra.
"Real security will be possible only
when our productive capacity is sufficient to furnish a decent standard of
living for all American families and to provide a surplus for future needs and
contingencies. For the attainment of
that ultimate objective, we look to the energy, self-reliance and character of
our people, and to our system of free enterprise.
"Society has an obligation to promote
the security of the people, by affording some measure of protection against
involuntary unemployment and dependency in old age. The NEW DEAL policies, while purporting to provide social
security, have, in fact, endangered it.
"We propose a system of old age
security, based upon the following principles:
1. We
approve a PAY AS YOU GO policy, which requires of each generation the support
of the aged and the determination of what is just and adequate.
2. Every
American citizen over 65 should receive a supplemental payment necessary to
provide a minimum income sufficient to protect him or her from want.
3. Each
state and territory, upon complying with simple and general minimum standards,
should receive from the Federal Government a graduated contribution in
proportion to its own, up to a fixed maximum.
4. To
make this program consistent with sound fiscal policy the Federal revenues for
this purpose must be provided from the proceeds of a direct tax widely
distributed. All will be benefited and
all should contribute.
"We propose to encourage adoption by
the states and territories of honest and practical measures for meeting the
problems of employment insurance.
"The unemployment insurance and old
age annuity of the present Social Security Act are unworkable and deny benefits
to about two-thirds of our adult population, including professional men and
women and all engaged in agriculture and domestic service, and the
self-employed, while imposing heavy tax burdens upon all."
- REPUBLICAN
PARTY PLATFORM OF 1936, at page 366.
Both PLATFORMS appear in NATIONAL PARTY PLATFORMS -- 1840 TO 1972;
compiled by Ronald Miller [University of Illinois Press, Urbana, Illinois
(1973)].
...Here
are the so-called DEMOCRATS gloating over Nelson Rockefeller's SOCIAL SECURITY
PROGRAM, and also the Republicans, who detected early and felt quite strongly
the enormous vote pulling power of Social Security, they too quickly started
drooling at the gibs for more of this wealth redistribution; like Gremlins,
REPUBLICAN platform writers like to play cutesy by skirting the fringes of
deception as they first state how opposed they are to FDR's Social Security,
but then go right ahead and construct their own GRAB AND GIVE -- replicating in
its entirety the structural contours of FDR's Social Security Program legally
and practically.
=============================================================[504]
So if
you have voluntarily surrendered over your Social Security Number to your
Employer, or to a bank, or to anyone else -- then not only have you accepted
numerous statutory benefits that Employees and bank customers enjoy (that I
discussed earlier), but the King also has you into both ADMIRALTY JURISDICTION,
and an ADMIRALTY CONTRACT on taxation, where Federal Judges routinely deal with
defendants in contract defilement summarily along abbreviated lines that both
skirt the fringes of Due Process and also largely get away with on Appeal. But you can get out of a contract in
Admiralty the same way you can get out of any other contract you don't want
[FAILURE OF CONSIDERATION]. Yes, any
poor soul that the King's Agents have dragged into a Federal Court for a Royal
fleecing and a shake down, is in for curt process and abbreviated trouble. But remember I speak these words playfully
and condescendingly down to the King:
Patriots and Protesters are up to their necks in multiple invisible
contracts that are in effect whenever benefits have been accepted (and when
reciprocity is expected in return), and so the typical protesting Patriot, like
Armen Condo and Irwin Schiff, putting up a good fight the way they do, is in
error.
If that
Waiver, Forfeiture, and Rejection of the benefits of Limited Liability that you
experience under your Admiralty related Contract, as well as Social Security
Benefits -- if that FAILURE OF CONSIDERATION turns out to be just not good
enough for the High Lama in Washington -- the Supreme Court -- then perhaps the
time will have arrived to take seriously the timeless mandates of our Founding
Fathers: And deal with an inappropriate
assertion of Admiralty Jurisdiction by the King in terms that accelerate in
velocity as they transverse down the barrel of a gun. [505]
[505]=============================================================
"Tumult
is from the disorderly manner of those assemblies, where things can seldom be
done regularly; and war is that DECERTARIO PER VIM, or trial by force, to which
men come when other ways are ineffectual.
If the Laws of God and men are therefore of no effect, when the
magistracy is left at liberty to break them, and if the lusts of those who are
too strong for the tribunals of justice, cannot otherwise be restrained, then
by sedition, tumults, and war, those seditions, tumults, and wars are justified
by the Laws of God and men.
"I
will not take upon me to enumerate all the cases in which this may be done, but
content myself with three, which have most frequently given occasion for
proceedings of this king.
"The
first is, when one or more men take upon them the power and name of a
magistracy, to which they are not justly called.
"The
second, when one or more, being justly called, continue in their magistracy
longer than the laws by which they are called do prescribe.
"And
the third, when he or they, who are rightfully called, do assume power, though
within the time prescribed, that the law does not give; or turn that which the
law does not give, to an end different and contrary to that which is intended
by it. ...
"He
that lives alone might encounter such as should assault him upon equal terms,
and stand or fall according to the measure of his courage and strength; but no
valor can defend him, if the malice of his enemy be upheld by public
power. There must therefore be a right
of proceeding judicially or extra-judicially against all persons who transgress
the laws; or else those laws, and the societies that should subsist them,
cannot stand; and the ends for which governments are constituted, together with
the governments themselves, must be overthrown. Extra-judicial proceedings, by sedition, tumult, or war, must
take place, when the persons concerned are of such power, that they cannot be
brought under the judicial. They who
deny this deny all help against an usurping tyrant, or the perfidiousness of a
lawfully created magistrate, who adds the crimes of ingratitude and treachery
to usurpation. ...
"If
this be not enough to declare the justice inherent in, and the glory that ought
to accompany these works, the examples of Moses, Aaron, Othniel, Ehud, Barak,
Gideon, Samuel, Jephthah, Jehu, Jehoiada, the Maccabees, and other holy men
raised up by God for the deliverance of his people from their oppressors,
decide the question. They are
perpetually renowned for having led the people by extraordinary ways to recover
their liberties, and avenge the injuries received from foreign or domestic
tyrants. The work of the Apostles was
not to set up or pull down the civil state; but they so behaved themselves in
relation to all the powers of the Earth, that they gained the name of
pestilent, seditious fellows, disturbers of the people; and left it as an
inheritance to those, who, in succeeding ages, by following their steps, should
deserve to be called their successors; whereby they were exposed to the hatred
of corrupt magistrates, and brought under the necessity of perishing by them,
or defending themselves against them.
And he who denies them the right does at once condemn the most glorious
actions of the wisest, best, and holiest men that been in the world, together
with the laws of God and man, upon which they were founded."
- Algernon Sidney in DISCOURSES CONCERNING GOVERNMENT, as quoted by Phillip Kurland and Ralph Lerner in THE FOUNDER'S CONSTITUTION ["The Right of Revolution"], at 77 [University of Chicago Press, Chicago (1978); DISCOURSES CONCERNING GOVERNMENT is a lengthy treatise first circulated in 1689].
=============================================================[505]
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