Misc RM 49 Misc reference material Part 2
Reference Material - For Information Only!
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Legal or Lawful?
It is crucial to define the difference between "legal" and "lawful." The generic Constitution references genuine law. The present civil authorities and their courts use the word "legal." Is there a difference in the meanings? The following is quoted from A Dictionary of Law (1893):
Lawful. In accordance with the law of the land; according to the law; permitted, sanctioned, or justified by law. "Lawful" properly implies a thing conformable to or enjoined by law; "Legal," a thing in the form or after the manner of law or binding by law. A writ or warrant issuing from any court, under color of law, is a "legal" process however defective. See "legal." [Bold emphasis added]
Legal. Latin legalis. Pertaining to the understanding, the exposition, the administration, the science and the practice of law: as, the legal profession, legal advice; legal blanks, newspaper. Implied or imputed in law. Opposed to actual "Legal" looks more to the letter [form/appearance], and "Lawful" to the spirit [substance/content], of the law. "Legal" is more appropriate for conformity to positive rules of law; "Lawful" for accord with ethical principle. "Legal" imports rather that the forms [appearances] of law are observed, that the proceeding is correct in method, that rules prescribed have been obeyed; "Lawful" that the right is act full in substance, that moral quality is secured. "Legal" is the antithesis of equitable, and the equivalent of constructive. 2 Abbott's Law Dic. 24. [Bold emphasis added]
Legal matters administrate, conform to, and follow rules. They are equitable in nature and are implied (presumed) rather than actual (express). A legal process can be defective in law. This accords with the previous discussions of legal fictions and color of law. To be legal, a matter does not have to follow the law. Instead, it conforms to and follows the rules or form of law. This is why the Federal and State Rules of Civil and Criminal Procedure are cited in every court Petition so as to conform to legal requirements of the specific juristic persons named, e.g., "STATE OF GEORGIA" or the "U.S. FEDERAL GOVERNMENT" that rule the courts.
Lawful matters are ethically enjoined in the law of the land — the law of the people — and are actual in nature, not implied. This is why whatever true law was upheld by the organic Constitution has no bearing or authority in the present day legal courts. It is impossible for anyone in "authority" today to access, or even take cognizance of, true law since "authority" is the "law of necessity," 12 USC 95.
Therefore, it would appear that the meaning of the word "legal" is "color of law," a term which Black's Law Dictionary, Fifth Edition, page 241 defines as:
Color of law. The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under "color of law."
Executive Orders rule the land
The current situation is that legalism has usurped and engulfed the law. The administration of legal rules, codes, and statutes now prevail instead of actual law. This takes place on a Federal as well as State level. Government administrates what it has created through its own purported "laws," which are not lawful, but merely "legal." They are arbitrary constructs existing only because of the actions of people acting on fictitious (self-created) authority, i.e. no authority; they are authorized and enforced by legal Executive Orders. Executive Orders are not lawful and never have been. As you read the following, be aware of the words "code" and "administration."
Looking at the United States Census 2000 reveals that the legal authority for this census comes from "Office of Management and Budget" (0MB) Approval No. 0607 0856. The 0MB is a part of the Executive Office of the President of the United States. Obviously, Census 2000 is authorized, carried out, controlled, enforced and implemented by the President — the Executive Branch of the Federal Government — functioning as it has been since 1861, in the lawless realm of necessity (which is now even more degenerate than when it commenced under Lincoln).
In fact, the Executive Office of the President controls the entire nation through various departments and agencies effecting justice, communications, health, energy, transportation, education, defense, treasury, labor, agriculture, mails, and much more, through a myriad of Executive Orders, Proclamations, Policies, and Decisions.
Every US President since Lincoln has claimed his 'authority' for these Executive Orders on Article II, Section 2 of the U.S. Constitution:
"The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; … He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments."
In reality, the Congress is completely by-passed. Since the Senate was convened in April, 1861 by Presidential Executive Order No. 2, (not by lawful constitutional due process), there is no United States Congress. The current "Senate" and "House" are, like everything, "colorable" ("color of Senate") under the direct authority of the Executive Office of the President. The President legally needs neither the consent nor a vote from the Senate simply because the Senate's legal authority to meet exists only by Executive Order. Ambassadors, public ministers, consuls, Federal judges, and all officers of the UNITED STATES are appointed by, and under authority of, the Executive Office of the President.
The Federal Registry is an Executive function
The first official act of every incoming President is to re-affirm the War Powers. He must do so, or he is devoid of power to function in office. The War Powers are set forth in the Trading With The Enemy Act of October 6, 1917, and the Amendatory Act of March 9, 1933 (The Banking Relief Act). In the Amendatory Act, every citizen of the United States was made an enemy of the Government, i.e. the Federal Reserve/IMF, et al, Creditors in bankruptcy who have conquered the country by their great paper-money banking swindle.
For the past 65 years, every Presidential Executive Order has become purported "law" simply by its publication in the Federal Register, which is operated by the Office of the Federal Register (OFR). In 1935, the OFR was established by the Federal Register Act. The purported authority for the OFR is found within the United States Code, Title 44, at Chapter 15:
"§ 1506. Administrative Committee of the Federal Register; establishment and composition; powers and duties
The Administrative Committee of the Federal Register shall consist of the Archivist of the United States or Acting Archivist, who shall be chairman, an officer of the Department of Justice designated by the Attorney General, and the Public Printer or Acting Public Printer. The Director of the Federal Register shall act as secretary of the committee. The committee shall prescribe, with the approval of the President, regulations for carrying out this chapter."
Notice that the entire Administrative Committee of the Federal Register is comprised of officers of the Federal Government. Who appoints all Federal officers? The President does. This "act" also gives the President the authority to decree all the regulations to carry out the act. By this monopoly the Executive establishes, controls, regulates, and enforces the Federal Government without need for any approval from the Senate or anyone else (other than his undisclosed superiors). He operates without any accountability to the people at all. How can this be considered lawful?
In 1917, President Woodrow Wilson couldn't persuade Congress to agree with his desire to arm United States vessels traversing hostile German waters before the United States entered World War I, so Wilson simply invoked the "policy" through a Presidential Executive Order. President Franklin D. Roosevelt issued Executive Order No. 9066 in December 1941 forcing 100,000 Americans of Japanese descent to be rounded up and placed in concentration camps while all their property was confiscated. Is it any wonder that the Congress, which the President "legally" controls, did not impeach President William Jefferson Clinton when the evidence for impeachment was overwhelming? On that note, why is it that Attorney-Presidents have used Executive Orders the most? Who, but an attorney, would know and understand legal rules the best. Sadly, they enforce what's "legal" and ignore what's lawful. In fact, they have no access to what is lawful since the entirety of their "authority," which is ethically and existentially specious, derives from the War Powers.
How debt is assumed by legal fictions
We now refer back to the matter of assumption, as already discussed, with its relationship to arbitrarily created juristic persons, e.g. "STATE OF CALIFORNIA" or "JOHN P JONES." Since an assumption, by definition, implies debt, what debt does a legal fiction assume? Now that we have explored the legal — executive — basis of the current Federal and State governments, it's time to put all this together.
The government use of all caps in place of proper names is absolutely no mistake. It signifies an internal ("legal") rule and authority. Its foundation is pure artifice and the results have compounded into more deceit in the form of created, promulgated, instituted, administered, and enforced rules, codes, statutes, and policy — i.e. "the laws that appear to be but are not, never were, and never can be."
Qui sentit commodum, sentire debet et onus. He who enjoys the benefit, ought also to bear the burden. He who enjoys the advantage of a right takes the accompanying disadvantage — a privilege is subject to its condition or conditions. -- Bouvier's Maxims of Law (1856).
The Birth Certificate
Since the early 1960's, State governments — themselves specially created, juristic, corporate persons signified by all caps — have issued Birth Certificates to "persons" with legal fiction all-caps names. This is not a lawful record of your physical birth, but rather the birth of the juristic, all-caps name. It may appear to be your true name, but since no proper name is ever written in all caps (either lawfully or grammatically) it does not identify who you are. The Birth Certificate is the government's self-created document of title for its new "property," i.e. the deed to the juristic-name artificial person whose all-caps name "mirrors" your true name. The Birth Certificate brings the new all-caps name into colorable admiralty/maritime law, the same way a ship (and ship of state) is berthed.
One important area to address, before going any further, is the governmental use of older data storage from the late 1950's until the early 1980's. As a "left over" from various teletype-oriented systems, many government data storage methods used all caps for proper names. The IRS was supposedly still complaining about some of their antiquated storage systems as recent as the early 1980's. At first, this may have been a necessity of the technology at the time, not a deliberate act. Perhaps, when this technology was first being used and implemented into the mainstream of communications, some legal experts saw it as a perfect tool for their perfidious intentions. What better excuse could there be?
However, since local, State, and Federal offices primarily used typewriters during that same time period, and Birth Certificates and other important documents, such as driver's licenses, were produced with typewriters, it's very doubtful that this poses much of an excuse to explain all-caps usage for proper names. The only reasonable usage of the older databank all-caps storage systems would have been for addressing envelopes or certain forms in bulk, including payment checks, which the governments did frequently.
For the past fifteen years, there is no excuse that the government computers will not accommodate the use of lower case letters unless the older data is still stored in its original form, i.e. all caps, and has not been translated due to the costs of re-entry. But this does not excuse the entry of new data, only "legacy" data. In fact, on many government forms today, proper names are in all caps while other areas of the same computer produced document are in both upper and lower case. One can only conclude that now, more than ever, the use of all caps in substitution the writing a proper name is no mistake.
When a child is born, the hospital sends the original, not a copy, of the record of live birth to the "State Bureau of Vital Statistics," sometimes called the "Department of Health and Rehabilitative Services" (HRS). Each STATE is required to supply the UNITED STATES with birth, death, and health statistics. The STATE agency that receives the original record of live birth keeps it and then issues a Birth Certificate in the corrupted "alter ego", all-caps version of the baby's true name, i.e. JAMES WILBER SMITH.
cer-tif-i-cate, noun. Middle English certificat, from Middle French, from Medieval Latinceruficatum. from Late Latin, neuter of certificatus, past participle of certificare, to certify, 15th century.
3: a document evidencing ownership or debt.-- Merriam Webster Dictionary (1998).
The Birth Certificate issued by the State is then registered with the U.S. Department of Commerce -- the Executive Office -- specifically through their own sub-agency, the U.S. Census Bureau, which is responsible to register vital statistics from all the States. The word "registered," as it is used within commercial or legal based equity law, does not mean that the all-caps name was merely noted in a book for reference purposes. When a Birth Certificate is registered with the U.S. Department of Commerce, it means that the all-caps legal person named thereon has become a surety or guarantor, a condition and obligation that is automatically and unwittingly assumed unless you rebut the presumption by effectively noticing them: "It ain't me."
registered. Security, bond. -- Merriam-Webster Dictionary of Law (1996).
Security. 1a: Something (as a mortgage or collateral) that is provided to make certain the fulfillment of anobligation. Example: used his property as security for a loan. lb: "surety."
2: Evidence of indebtedness, ownership, or the right to ownership. -- Ibid.
Bond. 1a: A usually formal written agreement by which a person undertakes to perform a certain act (as fulfill the obligations of a contract) . . with the condition that failure to perform or abstain will obligate the person . . to pay a sum of money or will result in the forfeiture of money put up by the person or surety. lb: One who acts as a surety. 2: An interest-bearing document giving evidence of a debt issued by a government body or corporation that is sometimes secured by a lien on property and is often designed to take care of a particular financial need. Ibid.
Surety. The person who has pledged him or herself to pay back money or perform a certain action if the principal to a contract fails, as collateral, and as part of the original contract. -- Duhaime's Law Dictionary.
1: a formal engagement (as a pledge) given for the fulfillment of an undertaking.
2: one who promises to answer for the debt or default of another.
Under the Uniform Commercial Code, however, a surety includes a guarantor, and the two terms are generally interchangeable. Merriam Webster's "Dictionary of Law" (1996).
Guarantor. A person who pledges collateral for the contract of another, but separately, as part of an independently contract with the obligee of the original contract. Duhaime's Law Dictionary.
It is not difficult to see that a state-created Birth Certificate, with an all-caps, name is a document evidencing debt the moment it is issued. Once a state has registered a birth document with the U.S. Department of Commerce, the Department notifies the Treasury Department, which takes out a loan from the Federal Reserve. The Treasury uses the loan to purchase a bond (the Fed holds a "purchase money security interest" in the bond) from the Department of Commerce, which invests the sale proceeds in the stock or bond market. The Treasury Department then issues Treasury securities in the form of Treasury Bonds, Notes, and Bills using the bonds as surety for the new "securities." This cycle is based on the future tax revenues of the legal person whose name appears on the Birth Certificate. This also means that the bankrupt, corporate U.S. can guarantee to the purchasers of their securities the lifetime labor and tax revenues of every "citizen of the United States"/American with a Birth Certificate as collateral for payment. This device is initiated simply by converting the lawful, true name of the child into a legal, juristic name of a person.
26 USC 163 (h)(3)(b)(ii) http://www4.law.cornell.edu/uscode/26/163.html
Title 26, Sec. 163. - Interest - (h) Disallowance of deduction for personal interest (3) Qualified residence interest (b) Acquisition indebtedness (ii) $1,000,000 limitation
Dubuque rei potissinia pars prineipium est — The principal part of everything is in the beginning.
Legally, you are considered to be a slave or indentured servant to the various Federal, State and local governments via your STATE-issued and STATE-created Birth Certificate in the name of your all-caps person. Birth Certificates are issued so that the issuer can claim "exclusive" title to the legal person created thereby. This is further compounded when one voluntarily obtains a Driver's License or a Social Security Account Number. The state even owns your personal and private life through your STATE-issued marriage license/certificate issued in the all-caps names. You have no rights in birth, marriage, or even death. The state holds title to all legal persons the state creates via Birth Certificates until the rightful owner, i.e. you, reclaims/redeems it by becoming the holder in due course of the instrument.
The main problem is that the mother and father, and then the eighteen-year-old man or woman, voluntarily agreed to this contrived system of plunder and slavery by remaining silent — a legal default, latches, and failing to claim one's own Rights. The maxim of law becomes crucially operative: "He who fails to assert his rights has none."
The legal rules and codes enforce themselves. There is no court hearing to determine if those rules are correct. Government rules are self-regulating and self supporting. Once set into motion, such "laws" automatically come into effect provided the legal process has been followed.
The various bankruptcies
The (corporate) legal person known as the UNITED STATES is bankrupt and holds no lawful Constitutionally mandated silver or gold — gold coin or bullion — with which to back any currency. All private held and federally held gold coins and bullion in America was seized via Executive Order of April 5, 1933 and paid to the creditor, the private Federal Reserve Corporation under the terms of the bankruptcy.
Congress — still convening strictly under Executive Order authority — confirmed the bankruptcy through the Joint Resolution to Suspend the Gold Standard and Abrogate the Gold Clause, June 5, 1933, House Joint Resolution (HJR) 192, June 5, 1933, 73rd Congress, 1st Session, Public Law 73-10. This 1933 public law states, in part:
"... every provision contained in or made with respect to any obligation which purports to give the oblige a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy."
The corporate U.S. declared bankruptcy a second time, whereby the Secretary of Treasury was appointed "Receiver" for the bankrupt U.S. in Reorganization Plan No. 26, Title 5 USC 903, Public Law 94-564, "Legislative History," page 5967.
Since 1933, the only "assets" used by the UNITED STATES to "pay its debt" to the Fed have been the blood, sweat, and tears of every American unfortunate to be saddled with a Birth Certificate and a Social Security Account Number (the U.S. Government must conceal this fact from the American people at all cost). Their future labor and tax revenues have been "legally" pledged via the new all-caps, juristic person names appearing on the Birth Certificates, i.e. the securities used as collateral for loans of credit (thin-air belief) to pay daily operational costs, re organization expenses in bankruptcy, insurance policy premiums required to float the bankrupt government, and interest on the ever increasing, wholly fraudulent, debt.
All Caps Legal Person vs. The Lawful Being
Just who or what is the all-caps person, i.e. "JOHN PAUL JONES," "JOHN P JONES," or some other all capital letter corruption thereof? It is the entity the government created to take the place of the real being, i.e. John Paul Jones. The lawful Christian name of birthright has been replaced with a legal corporate name of deceit and fraud. If the lawful Christian name answers as the legal person, the two are recognized as being one and the same. However, if the lawful being distinguishes himself/herself as a party other than the legal fiction, the two are separated.
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