Disclaimer: *This is not legal advice*
The Disappearance of Our Republic
A Republic is a form of government in which the People or some portion thereof retain supreme control over the government. A Republic is governed by the Rule of Law.
When we look at our legal system, why is it these unalienable, fundamental Rights of Equality, Life, Liberty and the pursuit of Happiness, seem to be so powerless? This is a complicated question with a complicated answer. I will try to keep this explanation as simple as possible, with references to more in-depth explanations.
Let us start with Title 28 of the United States Code. This is the body of laws where the power grab happened, but in a very subtle manner. That Title of the U.S. Code was revised, codified and enacted all at once on June, 25, 1948. It is the Act that lays out the Federal Judiciary and Federal judicial procedures still being used today.
Definitions are very important. Definitions are understood by the context in which words are used or otherwise specified. Now for some very important definitions:
“United States” is the term that is used consistently throughout Title 28 to refer to the Federal government domiciled in D.C. There is only ONE PLACE in all of Title 28 where the term “United States of America” is used, and there it is used in correct contra-distinction to “United States”. See 28 U.S.C. 1746.
Thus, “United States” is a singular noun that refers to the Federal government.
“United States of America” are a plural noun that refers to the 50 States.
These two different names are also defined in the Articles of Confederation (1777). The Articles of Confederation were the first constitution of the United States; they specified how the Federal government was to operate, including adoption of an official name for the Union of several States first established by those Articles, namely the United States of America.
In those Articles of Confederation, we find:
Article 1. The United States of America are the Confederacy or “Union” established by the Sovereign States that existed at that time.
Article 2. The United States was expressly delegated powers and authorities by the United States of America, while the sovereignty, freedom, and independence of those States was expressly maintained.
Despite widespread mythology that continues to circulate the Internet, there are no Acts of Congress expressly incorporating either the “United States” or the “United States of America”.
In 1871 Congress did expressly incorporate the District of Columbia, but D.C. and the “United States” are not one and the same. More importantly, Congress expressly extended the entire U.S. Constitution into D.C. in that Act of 1871! And, 2 years later in 1873, Congress extended the entire U.S. Constitution into all Federal Territories, even future Federal Territories!
How were our fundamental Rights abrogated?
First of all, The U.S. Department of Justice has powers of authority to represent the United States (not the United States of America) in civil and criminal cases. They do not have any powers of attorney legally to represent the United States of America as a group, nor to represent any of the individual States. See 28 U.S.C. 547. Each of those States has its own Attorney General with power of attorney to represent each State.
In Article III of the Constitution for the United States of America we find the structure of our court-system and the procedures for creating new courts.
Section 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Title 28 does NOT identify the constitutional origins of the United States District Court (“USDC”), which is an inferior court as identified in Article III.
With section 132 of title 28 Congress has effectively broadcasted (not established and ordained) a territorial tribunal into the several States, now known as the United States District Court (“USDC”). In doing so, Congress attempted to imply that they abolished the Article III District Courts of the United States (“DCUS”), but they never did. The DCUS and it original jurisdiction are defined many times in Acts of Congress enacted prior to June 25 1948.
If they were trying to imply the (USDC) and (DCUS) are synonymous, the USDC fall under Article III courts. The Lanham Act conferred original jurisdiction on the DCUS, which has not been repealed by congress. These courts are therefor bound to adhere to Article III constitutional courts proceeding in judicial mode. (not legislative)
Section 132 of Title 28 attempts to render Sovereign States into Non-Sovereign Federal Territories, by unconstitutionally “morphing” constitutional courts (DCUS) into legislative tribunals (USDC). These tribunals are being used to enforce Federal municipal law inside the 50 Sovereign States. Having not followed the congressional process which establishes and ordains them with such jurisdiction, they are committing fraud, and serious crimes against humanity. We are NOT property!
The “mandates” that should be enforced by Article III constitutional courts have now been rendered “options” to be enforced, or not enforced, at the capricious whims of Article IV legislative tribunals.
Thus, the “default” setting of this doctrine establishes that fundamental Rights do NOT exist, until and unless Congress decides to extend them by means of Federal legislation. What is the implication of that? If Congress fails to extend them, then they do NOT exist.
Whenever they (USDC) opt to “deny” or rule against those mandates (our RIGHTS), legislative tribunals have effectively declare us to be chattel property of the Federal Government, but they do so without any lawful jurisdiction. A paramount rule of Federal jurisprudence is that statutes conferring original jurisdiction must be STRICTLY construed.
There is a mountain of pre-existing legislation and standing Federal Court decisions declaring that Article III constitutional jurisdiction still stands. The DCUS existed for 159 YEARS prior to 1948, and it still exists today! Just look at the Federal Court with original jurisdiction to enforce the Freedom of Information Act (“FOIA”): 5 U.S.C. 552(a)(4)(B) (“On complaint, the district court of the United States”).
These vain efforts of Title 28 and now by the entire Federal Judiciary violate the Guarantee Clause in the U.S. Constitution. The Federal government is required by that Clause to guarantee a Republican (i.e not a monarchy or dictatorship, Governed by the Rule of Law) Form of Government to the 50 States of the Union. Title 28, as revised, codified and enacted into positive law on June 25, 1948, is unconstitutional for this one reason, but there are other reasons.
The Sherman Antitrust Act was first enacted in the year 1890 A.D., and that Act conferred jurisdiction upon the DCUS. It could not have conferred jurisdiction on the USDC because the USDC did not exist inside the several States until 1948! Subsequently, the Act of June 25, 1948 did not amend that grant of original jurisdiction.
Likewise, the Lanham Act was first enacted in 1946 A.D., and that Act also conferred original jurisdiction upon the Article III DCUS. Just 2 years before, the Act of June 25, 1948 also failed to amend this grant of original jurisdiction that remains in the Lanham Act.
In both instances, the statutes conferring original jurisdiction were never repealed and re-enacted by Congress to change the named Court from DCUS to USDC.
What does it all mean? Simply put, we have been duped, and it appears that Congress had also been duped by corrupt members of the Judiciary by the time President Truman signed the Act of June 25, 1948.
It isn’t so important to understand all the legal jargon, clauses, titles and statutes. What is important is that you start to question who you are, and what is your relationship with government.
Our Declaration of Independence states: “Governments are instituted among Men, deriving their just powers from the consent of the governed.” Are you a member of the Sovereign People, or are you property of the United States?
Special thanks to Paul Andrew Mitchell, B.A., M.S., Private Attorney General, Criminal Investigator for his web pages:
where virtually all this information originates. They must be read and studied! I checked the original sources cited and I have double-checked my wording with him. Blessings on your search for sovereignty!