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The Judiciary Act of 1789
September 24, 1789.
1 Stat. 73.

CHAP. XX.–An Act to establish the Judicial Courts of the United States.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme court of the United States shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August. That the associate justices shall have precedence according to the date of their commissions, or when the commissions of two or more of them bear date on the same day, according to their respective ages.

The Constitution of September 17, 1787 stated where the judicial power of the United States of America was to be placed in the first sentence of Article III: “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.” 

It should be very clear from the language in the Judiciary Act of 1789 that Congress was enacting a system of legislative territorial courts for the United States, the lands owned by the United States of America.

The judicial power of the United States of America had two sources: the Articles of Confederation of November 15, 1777 and its proprietary power over the lands owned by the United States of America. 

The Supreme Court of the United States was the simple result of legislative sausage making.  There was no reverent ordination or establishment of any high minded judicial institution just the ordinary chicanery that brought the federalists into power.

Dr. Eduardo M. Rivera      

If a United States Representative or Senator is asked about the present status of the Articles of Confederation of November 15, 1777, that Representative or Senator will respond with the story the Library of Congress is putting out, instead of telling the whole truth.  Here is the federal government’s official Internet story of what happened to the Articles of Confederation:

The Continental Congress adopted the Articles of Confederation, the first constitution of the United States, on November 15, 1777. However, ratification of the Articles of Confederation by all thirteen states did not occur until March 1, 1781. The Articles created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. The need for a stronger Federal government soon became apparent and eventually led to the Constitutional Convention in 1787. The present United States Constitution replaced the Articles of Confederation on March 4, 1789.

When my Students ask the local Representative or Senator about the Articles of Confederation, they get back the same story. 

Its their story and they’re sticking to it.

What is the whole truth?  What really happened on March 4, 1789?

The First Congress met on March 4, 1789 in New York City to do the only business it could do—make laws for the United States, the lands owned by the United States of America, which, also, was not replaced by the Constitution of the United States.  After the Declaration of Independence of July 4, 1776, the American people were set free from government that ruled by written law, however, governments had to let go of whatever power they exercised over people and their lands.  Governments retained proprietary over whatever land was government owned.  The First Congress made laws for the  lands owned by the United States of America.      

June 21, 1788 was the date the State of New Hampshire became the ninth State to ratify the Constitution of September 17, 1787.   That ratification established the constitution of the United States as any land within those nine States owned by the United States of America.  This Constitution of the United States consisted of all the land owned by the United States of America.  The documentary Constitution of the United States would be written by the Congress of the United States with legislation presented by the President of the United States and would be amended by the States, but never adopted by officers, who have taken an Article VI oath “to support this Constitution.”

On February 4, 1789, George Washington was elected President of the United States of America, however, instead of taking that Office immediately, as that Office required no oath of Office, Washington scheduled an inauguration to the Office of President of the United States, an Office which only required an oral oath. 

The Office of President of the United States was critical to the creation of a Constitution of the United States, because all Bills enacted by the House of Representatives and Senate must be presented to a President of the United States, who has taken an oral oath to “preserve, protect and defend” the Constitution of the United States.

 At noon on April 30, 1789, the United States would have both a Congress and a President of the United States, but it would not have a judiciary without the legislation Congress and the President would produce.  The Judiciary Act of 1789 would create a legislative United States Supreme Court.

The Library of Congress was correct; the Constitution of the United States would begin to replace the Articles of Confederation of November 15, 1777 on March 4, 1789, but only on the land owned by the United States of America, the Confederacy created by those Articles of Confederation.

The summary of the law and government I have presented here will be understood by my Students, if you are not a Student and you want to get the whole story of the law and government in America, enroll in my Basic Course in Law and Government, by contacting me at edrivera@edrivera.com        

Dr. Eduardo M. Rivera

      

 

The statutory Supreme Court created by the Judiciary Act of 1789 has ruled that corporations may spend freely to support or oppose candidates for president and Congress.

The court created by Congress and the President of the United States of America on September 24, 1789, today, overturned a 20-year-old opinion asserting corporations can be prohibited from using their own money to pay for campaign ads.

The Chief Justice, whose only constitutional duty is to preside at the impeachment of the President of the United States, and four Associate Justices also struck down part of the landmark McCain-Feingold campaign finance bill.

The Supreme Court now sitting in Washington, D. C.  is not the “one supreme Court” ordained and established by Article III of “this Constitution.”  The Chief Justice and Associate Justices are not Article III Judges.   When the State of New Hampshire became the ninth State to ratify “this Constitution” on June 21, 1788, a written Constitution dated September 17, 1787 was immediately established between the nine States that had ratified “this Constitution.”  That ratification and the ratifications of the four remaining States was binding on the States as to the federal territory within the State, as it was done in writing.   The ratifying States elected members of Congress, who were to meet on March 4, 1789.  Presidential Electors were also selected and they elected George Washington President of the United States of America on February 4, 1789.  Instead of taking an Article VI binding oath, Washington took the oral oath of President of the United States on April 30, 1789, which cannot bind a person to a written document, such as a Constitution.  Without taking a binding oath, George Washington signed into law the Judiciary Act of 1789 creating the statutory U.S. Supreme Court.  I teach my Students how to use these facts about American History to prove the Constitution of September 17, 1787 binds the States, but not the people of states.  To become a Student, contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera            

The concept of jury nullification, which is simply the process of an English common law jury deciding all the facts and law of a single case, does not apply in a federal trial court.  State and federal government has strong armed the English common law out of existence by slowly replacing the unwritten English common law with written government law. 

There is, not surprisingly, no federal common law, because all federal law is written law and only the Congress and the President of the United States are permitted to write federal law.  This legislative power is, however, limited to, first, the Northwest Territory and then as the country expands westward, to all territory owned by and ceded to the United States of America.  Article I of the Constitution of September 17, 1787 does not establish a lawmaking authority over the existing and future states of the original and perpetual Union of the United States of America it only makes permanent the temporary government established in the Northwest Ordinance of July 13, 1787.  

Article II of the Constitution of September 17, 1787 vests the executive power of the Articles of Confederation in a President of the United States of America.  The person, who is elected to that Office by the Electors appointed by each State, may fill another Office of President, the Article II Section 1 Clause 5 Office of President, by taking and subscribing the Article VI oath “to support this Constitution.”  George Washington set the precedent of taking the oral oath of the Office of President of the United States, instead of the Article VI oath that would bind him “to support this Constitution.”  The oral Article II Section 1 Clause 8 oath of the Office of President of the United States does not bind the taker of the oath beyond to the oath itself.  In that oral oath the person who will be the President of the United States merely swears or affirms to “preserve, protect and defend the Constitution of the United States,” which cannot be a written document.  

Article III of  “this Constitution” along with the rest of the Constitution of September 17, 1787 is never adopted by any of the Officers described in Article VI.  We know that the Constitution of September 17, 1787 has never been adopted from the fact that no President has ever taken and subscribed an Article VI binding him “to support this Constitution,” which is necessary to the exercise of any power to appoint judges with judicial power.  Federal judges are appointed by the President of the United States of America using the proprietary power over territory owned by and ceded to the United States of America.  Federal law is limited to federal territory and the federal grand and petit jurors likewise must reside in that territory for a year to qualify.    

Civil governments throughout the world have been established using a written law model based upon a constitution that has been popularly approved.  Modern governments are all built on a faulty constitutional foundation that sanctions lawmaking for all inhabitants.  The true history and correct reading of the Constitution of September 17, 1787 and all preceding Organic Law limits laws and lawmaking to the territory owned by and ceded to the United States of America.  Those laws can extend outside the territory owned by and ceded to the United States of America, when applicable to citizens of the United States and the Officers and employees of the government of the United States.

The Constitution of September 17, 1787 is the constitutional foundation for the federal law and the federal government.  Earlier Organic Law, the Northwest Ordinance of July 13, 1787, created property law and a temporary government for the Northwest Territory, which included the States of Ohio, Indiana, Illinois, Michigan, Wisconsin and part of Minnesota.  The original intent of the Constitution of September 17, 1787 was to create two governments.  The government we all know as the federal government was to be a continuation of the temporary government created by the Northwest Ordinance of July 13, 1787. 

The second government was aborted when George Washington took the oral oath of Office of President of the United States on April 30, 1789 and then repeated the same oral oath four years later.  The Constitution of September 17, 1787 is written so that the person who has been elected President of the United States of America by the Electors must take and subscribe the Article VI oath “to support this Constitution” to order to fill the Article II Section 1 Clause 5 Office of President under that Constitution. 

George Washington took the oral oath of the Office of President of the United States twice and no President Elect since has ever been bound by a written oath “to support this Constitution.   Washington’s taking of the oral oath of Office of President of the United States at two inaugurals convinced everyone that the Article II Section 1 Clause 8 oath was the correct one for a President under the Constitution of September 17, 1787.  An oral oath is appropriate for an Office under the authority of the Articles of Confederation, which requires no oath not even an oral one.  In the English law, it has not been possible to support a writing, by an oral oath, since the Statute of Frauds became law in 1677.  No member of the United States in Congress assembled under the Articles of Confederation has ever taken any oath of Office.

The law making Congress is not exactly the same one as the United States in Congress assembled under the Articles of Confederation and the President of the United States was supposed to be appointed and not elected.  The House of Representatives is an addition to the old Congress made by the Constitutional Convention of May 25, 1787.  George Washington as Father of his country deserves the blame for all the current problems with federal government including the omission of jury nullification.  

Federal jury nullification would mean federal jurors could rewrite federal law. Federal law is written by the United States Congress pursuant to the proprietary authority any landowner has over his own property and not any authority in any written constitution.  George Washington could have easily made the legislative power limitation applicable to federal territory clear by his appointment of another person to the Office of President of the United States.  As President of the United States of America, under the authority of the Articles of Confederation, Washington had the executive power to appoint anyone he wanted to the Office of President of the United States.  He appointed himself to, among other things, control the outcome of all jury trials in federal trial courts.      

The ratification of the Constitution of September 17, 1787 by all original thirteen States of the Confederacy under the Articles of Confederation bound the States to that Constitution, however, George Washington’s calculated failure to qualify for the Office of President and his subsequent taking of the oral oath of Office of President of the United States allowed him to prevent the adoption of the Constitution of September 17, 1787.  

When Washington first takes the only oath to be taken by any American President on April 30, 1789, he sets the precedent of limiting the Constitution of September 17, 1787 to the States and federal territory within the exterior boundaries of those States, the territory owned by and ceded to the United States of America.  Instead of taking and subscribing the Article VI oath “to support this Constitution” every President Elect, after George Washington, becomes President of the United States of America upon election by the Electors and President of the United States upon taking the oral oath of the Office of President of the United States. 

What should have happened?  George Washington should have informed everyone that the Article II Section 1 Clause 5 eligibility requirement of 14 Years residence within the United States prevented the adoption of the Constitution of September 17, 1787 until after July 4, 1790, 14 years after the Independence of the United States of America, the only place where a future President obligated “to support this Constitution” could reside.  Of course, George Washington didn’t say a word about the Constitution of September 17, 1787 and that it provided for election and appointment of many Presidents, because not speaking up was part of the Constitutional Convention Conspiracy to imprison Americans within a “federal judicial system” meant only to apply to the federal government and the territory owned by and ceded to the United States of America.

The absence of jury nullification in the federal trial courts helps explain why the United States Congress acts without regard to the demands of most Americans.  To learn all the secrets contained in all the Organic Laws of the United States of America, become one of my Students by contacting me at edrivera@edrivera.com

Dr. Eduardo M. Rivera 

 

 

The Constitution of September 17, 1787 creates a “one supreme Court” by vesting it with “[T]he judicial power of the United States:”

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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. Article III Section 1

The regular reader of these posts will remember the Constitution of September 17, 1787 is established between the first nine States that ratify this Constitution and then between the remaining States that ratify this Constitution, however, this Constitution must be adopted by the Congress and any President, which is never done.  Adoption is accomplished by the taking and subscription of a written oath to support this Constitution, which no American President has ever done.

Do the States that ratify the Constitution of September 17, 1787 have any judicial power even without the adoption of this Constitution by a Congress and President?  Their judicial power extends over the territory owned by and ceded to the United States of America in their respective States. 

Contained within the Constitution of September 17, 1787 are the possibilities of two governments.  The first government is one whose territory encompasses the territory owned by and ceded to the United States of America.  The second one is to control and manage the first.  Regular readers know how George Washington aborted the second government and caused the first to replace the second.

The two governments of the Constitution of September 17, 1787 explain why there are two Congresses, two Senates, two supreme courts and more than two Presidents.  There is a Supreme Court with Justices instead of Judges and nothing to control them except the knowledge that the first government is limited to the territory owned by and ceded to the United States of America.          

Article III federal courts do exist, but they are limited to federal territory.  To get the full story, you must become one of my Students, by contacting me at: edrivera@edrivera.com

Dr. Eduardo M. Rivera  

There is no justice in America, because there is one employee of the federal government occupying the position of Chief Justice of the Supreme Court of the United States.  Putting an American Chief Justice at the head of the legal system, touted as “the supreme law of the Land,” had the same effect as making the presiding judge in the king’s bench division of the high court of justice Chief Justice in England.  The “Lord Chief Justice of England” exercises the judicial power of the monarch in England.  The Chief Justice of the Supreme Court exercises the “judicial power” of the Congress of the United States.  There is no separate judicial power just as there is no separate executive power.  All government power in America has been exercised, since 1789, by a few people making written laws enforced, by Justices and judges, without real judicial power.    

The title of Chief Justice is located in Article I, the legislative Article, and there the person with that title is charged with the solitary legislative duty of presiding over the impeachment of the President of the United States, which is a legislative function not a judicial one.  The statutory creation of the Office of Chief Justice was a two-step process.  Statute I, Chapter XVIII of September 23, 1789 set the annual compensation for “the judges of the Supreme and other courts of the United States.”  Statute I, Chapter XX, Section 1. of September 24,1789, the Judiciary Act of 1789 established by statute “the supreme court of the United States and the office of chief justice. 

The legislative creation of the Chief Justice and the Supreme Court of the United States was complete when the President of the United States, a legislative Officer, approved the federal judicial system, by signing the compensation and judiciary Bills.  This was all possible, because “this Constitution” required an adoption by the Congress of the United States and the person elected President of the United States of America.  The adoption of this Constitution could take place no sooner than July 4, 1790.  By the time that date was reached, George Washington had established a permanent federal government for the territory owned by and ceded to the United States of America, but which was extended beyond those boundaries by the federal census and voting in federal elections.  The takeover of law and government in America had been accomplished without one shot being fired.

         The balance of this post is available only to Students enrolled in the Advanced Course on Law and Government.

Had George Washington been eligible to the Office of President and had he taken the Article VI oath of Office “to support this Constitution,” he would have appointed someone to be President of the United States.  

That President of the United States would have been limited to approving or objecting to Bills applicable only to the federal government and the territory owned by and ceded to the United States of America.   

Is Chief Justice John Roberts constitutionally ignorant or guilty of violating this federal law:

 Title 18 United States Code Sec. 1016. Acknowledgment of appearance or oath

    Whoever, being an officer authorized to administer oaths or to take and certify acknowledgments, knowingly makes any false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on behalf of the United States or any department or agency thereof, concerning which an oath or affirmation is required by law or lawful regulation, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined under this title or imprisoned not more than two years, or both.

Dr. Eduardo M. Rivera

Article III of the Constitution of September 17, 1787 vests the judicial Power of the United States in “one supreme Court” “and in such inferior Courts as the Congress may from time to time ordain and establish.”  The Congress of the United States, which, in Article III, is the United States in Congress assembled of the Articles of Confederation has the power to ordain and establish.  The Northwest Ordinance of July 13, 1787 was a result of the exercise of that  power to ordain and establish.   

As Article I Section 1 of the Constitution of September 17, 1787 clearly shows:  “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”   The Congress of the United States with the power to ordain and establish is the “United States in Congress assembled,” which survives as the Senate of the United States.  The first nine States to ratify the Constitution of September 17, 1787 established the Senate as a Committee of States pursuant to Article IX of the Articles of Confederation.

The legislative U.S. Supreme Court created by the Judiciary Act of 1789 can exercise no judicial power, as the Congress of the United States, with the power to ordain and establish, is the United States in Congress assembled.  The Chief Justice who heads the legislative U.S. Supreme Court, according to the Judiciary Act of 1789, is bound to perform legislative duties, because he is a the person who must preside, according to Article I Section 3 Clause 6, at the impeachment trial of the President of the United States, a non-judicial proceeding.

An Article III “one supreme Court,” once ordained and established would have to have Judges, not Justices, appointed to it by a President who had taken and subscribed an Article VI oath.  As no President Elect has ever taken and subscribed such an oath and no Supreme Court has been ordained and established, there is no evidence that any Article III court exists anywhere.

All federal judges including the Chief Justice and Associate Justices are appointed, by the President of the United States, with the advice and consent of the Senate, to legislative courts.  My enrolled students are supplied with all the written materials needed to fully comprehend how George Washington and the Freemasons managed to take over the federal government using a few common words and a lot of secrecy.  To become a student, contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera   

George Washington and the Freemasons conspired to have Washington elected too soon to qualify for the Office of President.  Article II Section 1 Clause 5 requires a 14 years residence within the United States, which could not be met by anyone until after July 4, 1790.  George Washington’s inauguration was scheduled for April 30, 1789, so to keep that date Washington took an oral oath in place of the Article VI Clause 3 written oath, which requires a binding subscription by the person taking the oath.

By not taking and subscribing the Article VI oath, Washington and the Freemasons put themselves in charge of an organization that mimics the three branch government that would be bound by oath “to support this Constitution.”   The Constitution of the United States George Washington swears to “preserve, protect and defend” is not a written one.  The United States that are to be preserved, protected and defended by Washington consists of the territory owned by and ceded to the United States of America, which makes the “judicial power of the United States” quite different from the judicial Power of the United States of America.   

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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.  Article III Section 1 Clause 1 Constitution of September 17, 1787

The Freemasons and the Congress of the United States conspired to take power by not attempting in any the implementation of the Constitution of September 17, 1787 by the ordination and establishment of the “one supreme Court.”  By acting, as if the U.S. Supreme Court is the “one supreme Court,” George Washington and the Congress of the United States were able to pass off the U.S. Supreme Court as the “one supreme Court” and the Chief Justice and Associate Justices as Judges of the “one supreme Court.”

This post is intended only as an introduction to the legal and governmental education available to the reader by becoming one of my students.  To become a student, contact me at edrivera@edrivera.com   To purchase the CD book: What Happened to Justice? Why You Can’t Get Justice in Federal Courts and What to Do About It, go to www.sedm.org  

Dr. Eduardo M. Rivera

Article III Section 1 Clause 3 of the Constitution of September 17, 1787 reads as follows:

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Everyone knows that a crime is any act or omission to act for which the actor or non-actor can be punished by death or imprisonment, so how is it that millions have been imprisoned without a jury trial?  The “trial of all Crimes” is not by Jury, because George Washington took an oral oath that prevented the written Constitution of September 17, 1787, which would require jury trials in all crimes, from being adopted by foreclosing the formation of a government extending beyond territory owned by and ceded to the United States of America.  Such a government would be in the control of juries in full control of the law and the facts of any criminal case.  

Years of personal participation in Masonic ritual and secrecy had prepared George Washington and the other Freemasons in the secret Constitutional Convention to create in the Constitution of September 17, 1787 an intricate trap that would snare those who thought that consent to be governed meant they could say no to government.  Legislative power was to be limited to the rules for government and the territory owned by government by making provision for an executive under the Articles of Confederation, the President of the United States of America; an executive under the Constitution of September 17, 1787 and an employee/President of the United States to administer the territory owned by and ceded to the United States of America.

Washington set a precedent for all future Presidents Elect to reject the Constitution of September 17, 1787 by rejecting the Office of President in favor of becoming a secret employee of Congress.  The uninterrupted rejection of the Office of President by every man elected President has left the Constitution of September 17, 1787 un-adopted by any local, State or federal government.  The States ratified the written Constitution of September 17, 1787, but no State officer has ever taken the Article VI oath “to support this Constitution.”  George Washington took an oral oath to “preserve, protect and defend” the Constitution of the United States, but such an oath is insufficient in law to support a document that can only be binding if the oath is subscribed.

Blame the Freemasons.  When creating the secret Constitution, they saw to it that Freemason George Washington would be elected to two Offices: the Office of President of the United States of America and the Office of President, an Office that would not be open and available until after July 4, 1790.   The Office of President of the United States of America did not require an oath and the oath of Office of President of the United States wouldn’t bind Washington “to support this Constitution,” meaning the Constitution of September 17, 1787.

Sure, the Constitution of September 17, 1787 has been ratified by all the States.  The process of ratification merely recognized and affirmed, what State delegates to the secret Constitutional Convention had produced, which was the Constitution of September 17, 1787.  This Constitution provided in Article VI, a mechanism, an oath to bind government officials to the written rules embraced within that document.   Freemason George Washington has, since April 30, 1789, made certain that not one person has taken a valid oath to support it. 

 The Constitution of the United States is not a constitution and even if it was it could only be an unwritten one.  Become a student and learn the secrets of the Constitution that have been reserved to Masons of the 33^rd Degree.  Enroll in the only group intent in discovering the truth about the law and government; contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera