You may know the District Attorney, or the DA, as the county’s elected chief criminal prosecuting attorney. If you do, you only know how the story of the District Attorney ends and not how it begins.
The first office of District Attorney was created by Section 35 of the Judiciary Act of 1789, which according to Article I Section 8 Clause 9, initiated the constitution of the “Tribunals inferior to the supreme Court.” All the significant federal courts, which we know do the great majority of federal judicial work, were created by legislative act and not by the Constitution of September 17, 1787.
Not only were the District Courts created by Judiciary Act of 1789 inferior to the supreme Court, so was the Supreme Court, whose members were finally determined in Section 1 of the Judiciary Act of 1789. The yearly compensation for the Chief Justice and Justices had been established the day before in federal legislation enacted on September 23, 1789. The Chief Justice, associate justices and the District Attorney were all conceived in different ways as government employees, so the federal judiciary would be a system of government men not laws.
As an employee, the federal DA would represent the Confederacy, the United States of America in all cases in the United States district courts, where the United States of America was the plaintiff. The federal DA plied this employment under the Judiciary Act of 1789 in all original States, which had ratified the Constitution of September 17, 1787 and in the United States Districts of Maine and Kentucky until those Districts were admitted as States equal to the original thirteen.
Federal District Attorneys co-existed with State criminal prosecutors until there was significant growth of written law in general and federal law in particular. As written federal criminal laws grew, so did State laws and fine distinctions had to be made by federal and State courts and legislators between what were State and what were federal crimes. Ultimately, that issue was resolved by designating local State criminal prosecutors “District Attorneys,” and making the State’s counties “Districts.”
Today federal district attorneys are called United States Attorneys and elected county prosecutors, who once took common law crimes to the grand jury, now bring informations on their own authority, as District Attorneys.
The untold history and evolution of the United States District Attorney helps explain the meaning of the “District” as the territory owned by or subject to the exclusive legislative power of the United States of America. To get the rest of the story, contact me at firstname.lastname@example.org and I will tell you how you can become one of my Students for trial tuition of $50 plus you will get the four Organic Laws in a searchable format, so you can begin your study of written law.
Dr. Eduardo M. Rivera
In yesterday’s Post you learned how it is impossible to be a legal juror in California. Quickly reviewing that lesson State of California law requires a juror to be a “domiciliary of the State of California,” which is the territory owned by or subject to the exclusive legislative power of the United States of America. The United States of America will not permit anyone to establish a domicile, a permanent place of abode, on its territory.
What are the qualifications for a juror in the State of New York? Section 510 of the Judiciary Law lists four qualifications: “1. Be a citizen of the United States, and a resident of the county. 2. Be not less than eighteen years of age. 3. Not have been convicted of a felony. 4. be able to understand and communicate in the English language.”
A State of New York “citizen of the United States, and a resident of the county” is the equivalent of the State of California “domiciliary of the State of California.” A person who can qualify to be an eighteen year old citizen of the United States is an Article I Section 2 Clause 2 Citizen of the United States, which is a resident of the territory owned by or subject to the exclusive legislative power of the United States of America. If you’re not in the United States, neither is your domicile, so your home is not taxed.
The time and expense of all the Course materials and tuition of my “Basic Course in Law and Government” may seem like a lot just to get out of jury duty, but when you throw in the property tax savings it is well worth the effort. To get free searchable copies of the four Organic Laws and information on enrollment in the Basic Course, contact me at email@example.com
Dr. Eduardo M. Rivera
Black’s Law Dictionary 4th Ed. defines an Information like this: “An accusation exhibited against a person for some criminal offense, without an indictment. 4 Bl. Comm.308. An accusation in the nature of an indictment, from which it differs only in being presented by a competent public officer on his oath of office, instead of a grand jury on their oath.”
Trayvon Martin was killed in a part of Florida where the English common law is the law, so how can George Zimmerman be charged by an information?
The truth is only my Students know how Americans lost their freedoms by losing their grip on the English common law. To learn how George Washington elevated government created written law above the “Laws of Nature and of Nature’s God,” contact me at firstname.lastname@example.org
Dr. Eduardo M. Rivera
The combined subjects of Law and government can’t be correctly taught as part of any K-12 curriculum in public or private education, because the truth about both would shrink all governments to the size of the territory owned by the United States of America. The subjects of the unwritten law and the Organic Laws of the governments of United States of America must be totally neglected if government is to provide more than just a defense to an external attack. To overcome the public’s ignorance of law and government, I offer this somewhat tongue-in-cheek Lesson in Law and Government.
While this Lesson is specifically intended for a newborn, the benefit of the Lesson will be enjoyed by everyone who intends to study or understand written law and government.
Law is of two kinds: written law and unwritten law. The two are, however, confused because proponents of written law enact unwritten law as written law in order to expand its authority beyond its legal limits. Unwritten law, which is also known as natural law is learned through the senses in a human emotional setting. Questions of fairness are genuine issues in unwritten law cases decided by jurors. Matters of fairness can have no place in written law, because written law jurors are not permitted to decide a case on an issue of fairness. There is, however, a constant cry that taxpayers “pay their fair share,” as if such an amount could be determined using written law principles.
You will, of course, begin by teaching unwritten law, as written law cannot be taught until the baby begins to read. Communication with an infant must be by direct and immediate display of emotion, which the infant can interpret as an attempt to communicate. In the infant’s early life, the baby will cry and a caring older person will try and figure out what can be done to make the baby cease crying. In the written law setting it is the electorate who cry out for government handouts.
If you haven’t figured it out already, the unwritten law, which is all about human relationships, is learned by experience. Government and written law cannot be a part of an unwritten law society, unless the government is based on a ruling nobility, which claims authority to rule by a divine right ordained by God. Great Britain is such a society, where the governing power is derived from a ruling nobility, which has conferred its power to govern to a legislative and judicial body called Parliament.
America dropped King George III with the Declaration of Independence of July 4, 1776 and made it final by defeating him in battle, but George Washington found a way to re-institute written law on a once free people.
What if you don’t have access to a newborn? The same Lesson can be learned by reading the first two Organic Laws of the United States of America, and then reading the Posts on this website. For the best legal education available online, go to my July 7, 2011 Post for a special offer on this and many more Lessons.
Dr. Eduardo M. Rivera
Today’s Los Angeles Times reports, “Los Angeles County prosecutors” are planning to file charges against actress Lindsay Lohan for the alleged theft of a $2,500 necklace.
The filing of charges will be a complaint upon information and belief and not upon a presentment or indictment required by the California Constitution of 1849, which required that all criminal cases be brought in the name of the People of the State of California.
My Students know from my research that the State of New Hampshire in Article I Section 2 Clause 3 was federal speak that meant all the territory in New Hampshire subject to the exclusive jurisdiction of the United States of America, even though at the time of the establishment of the Constitution of September 17, 1787 there was no such territory in New Hampshire. So the State of California is the federal territory in the Golden State, but not the entire state.
The Constitution of 1849 was not repealed by the Constitution of 1879. Provisions in the prior Constitution unaffected by the new Constitution remained the law in the State of California. The 1879 Constitution made it possible for county district attorneys to charge felonies without a grand jury presentment or indictment. Why? Because the district was the federal territory in the county.
The alleged theft of the necklace was no injury to the people of the State of California, however, the full might and power of the government of the State of California will be brought against not an accused, but a defendant Lindsay Lohan.
The right to trial by jury still exists. However, the chances are nil that Lohan will ever meet a qualified State of California juror. The Code of Civil Procedure requires all jurors to b citizens of the United States and domiciliaries of the State of California, which, of course, means any prospective juror must live on federal territory.
Will our little Lindsay get justice in a State of California courtroom? Not with an attorney and counselor at law.
Do you want justice? Then bring back the English common law by proving to anyone and everyone that you don’t qualify to be a juror. Don’t know how? Become a Student of the law and government by contacting me at email@example.com
Dr. Eduardo M. Rivera
The Sixth Amendment to the Constitution of September 17, 1787: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
One of the usurpations complained of in the Declaration of Independence of July 4, 1776 was the trial in England for crimes alleged to have been committed in America. The purpose of the Sixth Amendment was to keep trials near to the place wherein it was alleged they had been committed.
The problem for government? No crimes were ever committed within the federal district. The solution was to make the district co-extensive with the State. Prospective jurors must be of the State, in that they must be citizens of the United States, and residents within a district composed of territory subject to the exclusive jurisdiction of the United States of America.
The secret to learning American written law lies in learning the hidden meaning of the words used to create it. No other course of legal instruction teaches written law as it should be taught—by studying the Organic Laws of the United States of America. To become a Student of American written law under my tutelage, contact me at firstname.lastname@example.org
Dr. Eduardo M. Rivera
The judicial districts and divisions are comprised of the federal territory located within the counties, which comprise those districts and divisions. Sections 81-131 represent four classes of territory: 48 States, 2 territories, one possession, Puerto Rico, and a District, the District of Columbia. The three smallest territorial classes conclusively establish that the territorial composition of the districts and divisions located within the States will be territory subject to the exclusive jurisdiction of the United States of America.
Title 28 Section 1865 of the United States Code sets out the qualifications for federal jurors:
“(a) The chief judge of the district court, or such other district court judge as the plan may provide, on his initiative or upon recommendation of the clerk or jury commission, or the clerk under supervision of the court if the court’s jury selection plan so authorizes, shall determine solely on the basis of information provided on the juror qualification form and other competent evidence whether a person is unqualified for, or exempt, or to be excused from jury service. The clerk shall enter such determination in the space provided on the juror qualification form and in any alphabetical list of names drawn from the master jury wheel. If a person did not appear in response to a summons, such fact shall be noted on said list.
(b) In making such determination the chief judge of the district court, or such other district court judge as the plan may provide, or the clerk if the court’s jury selection plan so provides, shall deem any person qualified to serve on grand and petit juries in the district court unless he –
is not a citizen of the United States eighteen years old who has resided for a period of one year within the judicial district;
is unable to read, write, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily the juror qualification form;
is unable to speak the English language;
is incapable, by reason of mental or physical infirmity, to render satisfactory jury service; or
has a charge pending against him for the commission of, or has been convicted in a State or Federal court of record of, a crime punishable by imprisonment for more than one year and his civil rights have not been restored.”
A prospective federal juror must know and understand the territorial composition of the judicial district. The first sentence in Chapter 5 District Courts expressly defines the territorial composition of “districts and divisions,” as shown by Sections 81-131. Section 88 is the District of Columbia much of which is owned by the United States of America and the jurisdiction of which is entirely in the United States of America.
If a prospective federal juror is unable to read and understand this sentence: “Sections 81 – 131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945,” then that juror “is unable to read, write, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily the juror qualification form,” and is disqualified.
Every person involved in any matter involving federal grand and petit jurors must at a minimum be able to read and understand this sentence: “Sections 81 – 131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945.”
Those wishing to learn more about this and other subjects should contact me at email@example.com
Dr. Eduardo M. Rivera
Sections 81 through 131 are the names of 48 States, two territories, the District of Columbia and Puerto Rico. The astute Student should notice that “Sections 81- 131” produce 51 Sections—one short. Alaska, the territory on January1, 1945, is Section 81A.
There are 52 Districts on January1, 1945 and there were 13 Districts on September 24, 1789 the date of the first Judiciary Act, when only 11 States had ratified the Constitution of September 17, 1787. On the date of the Judiciary Act of 1789 there was no mention of territorial composition because there was no territory owned by the United States of America in any of the 11 States, which had ratified that Constitution.
By January1, 1945, the United States of America had purchased some territory in each of the thirteen original States and retained substantial territory in each of the remaining 35 States. The United States of America owned some territory in Alaska, Hawaii and Puerto Rico and was ceded all jurisdiction there on January1, 1945.
“Sections 81 – 131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945,” so each “Section” from 81 to 131 will show the territorial composition of every class of “District.” It follows that each of the 48 States will contain territory equal to Section 88 District of Columbia, which consists of territory owned by and ceded to the United States of America.
Dr. Eduardo M. Rivera
Ask a sheriff to describe the origin of his territorial jurisdiction and he will tell you the entire county has always been his territory, but if you ask him about any federal property located within that county’s perimeter and he will deny any jurisdiction over that land. The States of the second Union the United States identify the counties within a State by name and draw boundaries called county lines, by metes and bounds. None of the States identify or describe the territory within the county lines as federal lands owned by the United States of America. Where can the legal division of legislative power between State and federal government be found?
Title 1, Section 2 of the United States Code defines a county as, “The word ‘county’ includes a parish, or any other equivalent subdivision of a State or Territory of the United States.” The phrase “of the United States” means belonging to the United States of America, the Confederacy. States of the 50 State Union must accept the federal definition of a county as consisting of all the territory belonging to the United States of America, as the Constitution of the United States and the laws made pursuant to that Constitution is the supreme law of the land. Upon close examination, all State and federal written legislation will be found to be applicable only to government and to lands owned by the United States of America.
The Congress of the United States is recognized as having complete legislative power over lands owned by the United States of America and, as for the States, there is the popular belief that the State legislatures somehow get legislative power from the Tenth Amendment to the Constitution of September 17, 1787.
The Posts on this site have explained in detail that the legislative power over the lands owned by the United States of America is derived from the proprietary power every owner possesses over property. All that proprietary power is granted by the first nine ratifying States of the United States of America. When all thirteen have ratified the Constitution of September 17, 1787
All government legislative power in America is derived from the proprietary power over lands owned by the “United States,” the Confederacy, the United States of America.
Before the Constitution of September 17, 1787 was ratified by nine States of the Confederacy, the United States of America, English common law, without the procedural and administrative power of the English monarchy, was the law in America. The sheriff was the elected common law officer, who was popularly recognized to have the power to assemble common law juries.
After the Constitution of September 17, 1787 was ratified by nine States of the United States of America, the States of the new Union, the United States, began the process of replacing the procedural and administrative power of the former English monarchy with legislated procedural law.
This is, in a very simplified form, how the territorial jurisdiction of the sheriff is limited to the lands owned by the United States of America within the county lines. Does the county sheriff know the territorial limitations of his or her office? Can you explain to the sheriff, why your property is not within his territorial jurisdiction? If you can’t, you need to enroll in my Basic Course in Law and Government. Contact me at firstname.lastname@example.org for enrollment information.
Dr. Eduardo M. Rivera
The real purpose of the Miranda warning is to establish federal territorial jurisdiction where none exists.
If you hear the following warning, a so-called law enforcement officer is trying to trick you into accepting the jurisdiction of the person arresting you and of the court where you will be tried if you submit:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as they have been read to you?
The law in 49 of the 50 states is the English common law not federal law, which includes all written laws of all 50 States. The court of law referred to in the warning is a legislative court not a judicial court. The appointed attorney will be one only licensed to practice in legislative courts and will be incompetent to show the lack of territorial jurisdiction over you and any alleged crime. Accepting these rights submits you to their jurisdiction.
Should you remain silent? The promise that “anything you say can and will be used against you in a court of law” should be exploited by you. Become a Student in the Basic Course in Law and Government, learn everything there is to know about territorial jurisdiction and sing like a constitutional canary, if you are ever nabbed by government agents. Better yet, become a Legal Genius and change the world. Contact me at email@example.com
Dr. Eduardo M. Rivera