• Pages

  • CONTACT ED RIVERA
  • IMPEACHMENT OF GEORGE W. BUSH REQUIRED TO END HIS POLICIES
  • LETTER TO CAPTIVES
  • REFERENCE DOCUMENTS

• Recent Posts

  • MINI CONSTITUTIONAL LAW LESSON: LEARNING CONSTITUTION LAW BY THE NUMBERS
  • MINI CONSTITUTIONAL LESSON: CITIZENSHIP REQUIREMENTS FOR MEMBERS OF CONGRESS AND THE OFFICE OF PRESIDENT THAT DOOM THE CREATION OF A REPUBLIC
  • MINI CONSTITUTIONAL LAW LESSON: A CONSTITUTION FOR THE UNITED STATES OF AMERICA AND A CONSTITUTION OF THE UNITED STATES ALL IN “THIS CONSTITUTION”
  • MINI CONSTITUTIONAL LESSON: THE UNITED STATES SUPREME COURT IS A LEGISLATIVE NOT A JUDICIAL COURT, BECAUSE THE CHIEF JUSTICE IS A LEGISLATIVE OFFICER WITH CONSTITUTIONAL LEGISLATIVE DUTIES
  • MINI CONSTITUTIONAL LAW LESSON: THE ARTICLE 2 CLAUSE 5 OFFICE OF PRESIDENT HAS BEEN VACANT SINCE GEORGE WASHINGTON FAILED THE FOURTEEN YEARS RESIDENT WITHIN THE UNITED STATES ELIGIBILITY REQUIREMENT

• Categories

  • Adoption
  • Article II Section 1 Clause 5
  • Article II Section 1 Clause 8
  • Article III
  • Articles of Confederation
  • BAIL OUT
  • BANKRUPTCY
  • CENSUS
  • CIVIL CONTEMPT
  • COMMON LAW
  • CONGRESS
  • CONSTITUTION
  • CRIMINAL LAW
  • Declaration of Independence
  • Economic Stimulous
  • Electoral College
  • Foreclosure
  • Fourteenth Amendment
  • FREEDOM
  • GAY MARRIAGE
  • GRAND JURY
  • IMMIGRATION
  • IMPEACHMENT
  • JURY DUTY
  • LAW OF THE LAND
  • LEARNING THE LAW
  • LIBERTARIAN
  • Martial Law
  • MAYAN 2012
  • Northwest Ordinance
  • Oath of Office
  • OBAMA
  • ORGANIC LAWS
  • PARDON
  • Presidential Elector
  • PRESIDENTS
  • ProperTea Tax Tea Party
  • Property Taxes
  • Second Amendment
  • State of California
  • Supreme Court
  • Territorial Jurisdiction
  • TRIAL BY JURY
  • U.S. District Court
  • Uncategorized

• Archives

  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008

• Meta

  • Log in
  • Entries RSS
  • Comments RSS
  • WordPress.org

A constitutional law expert claims that it will take decades to learn constitutional law.  By focusing on all the numbers and dates of the Constitution of September 17, 1787, I have reduced learning time to a few hours.   You can become a constitutional law expert by enrolling in my Basic Course in Law and Government.   

Before July 4, 1776, in America practically everyone except the Indians were British subjects.  On July 4, 1776 the United States of America was born and the Declaration of Independence of July 4, 1776 was its birth certificate.  Almost immediately, work began on an instrument that would unite thirteen free and independent states into one perpetual Union.  The Articles of Confederation of November 15, 1777 was the instrument that united all thirteen States on March 1, 1781.

Between July 4, 1776 and March 1, 1781 an American could only legitimately claim State citizenship in one of the thirteen States.  After March 1, 1781, a person could claim all the privileges and immunities of a citizen of a State as a free inhabitant without being a citizen or a person could claim to be a Citizen of the United States.

The Constitution of September 17, 1787 formally recognized the status of Citizen of the United States, when New Hampshire became the ninth State to ratify and, thus, establish that Constitution.   The elections of Representatives and Senators were set, however, it would be impossible for any Senator to meet the Constitution’s nine Years a Citizen of the United States requirement until after March 1, 1790.  Newly elected Senators would still qualify as delegates under the Articles of Confederation of November 15, 1777 and the nine States could function as the Committee of States under Article IX and X of the Articles of Confederation.

When the first Congress convenes on March 4, 1789 in New York City none of the Senators qualified to take the Article VI oath, so the preparation of a legislative oath was the first order of business.  This is how the Constitution of September 17, 1787 became the Constitution of the United States, which George Washington swore to “preserve, protect and defend.”  The Constitution of the United States covered a territory that amounted to the lands owned by the United States of America.  To learn more about what constitutes the United States and how to enroll contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera  

 

   

“This Constitution” is the Constitution of September 17, 1787, which was produced in secret sessions in Philadelphia beginning on May 25, 1787.

The Preamble, which is not an official part of “this Constitution” states that “this Constitution” is for the United States of America.  There are two United States of America: one of the Declaration of Independence of July 4, 1776 and the other of the Articles of Confederation of November 15, 1777.

Incompetent historians and an unscrupulous legal profession have perpetuated government propaganda that alleges the Constitution of September 17, 1787 replaced the Articles of Confederation of November 15, 1777, the second of the Organic Laws of the United States of America, which established the perpetual Union of the thirteen States that had signed the Declaration of Independence of July 4, 1776, the first Organic Law.

Proof that the Constitution of September 17, 1787 neither replaced nor repealed the Articles of Confederation is found at the conclusion of the third Organic Law, the Northwest Ordinance of July 13, 1787.  At the end of the Ordinance, can be found the language of repeal, nullity and the voiding of the prior ordinance, the Resolution of April 23, 1784.  The absence of similar language in the Constitution of September 17, 1787 proves the Constitutional Convention consisting of many men trained in law never considered repeal of the Articles of Confederation.

The Northwest Ordinance of July 13, 1787 established a temporary government for the Northwest Territory, which was replaced by a permanent one to be found in Article I of the Constitution of September 17, 1787. On April 30, 1789, George Washington took the oral oath of office of the President of the United States making him both President of the United States of America and President of the United States.

The secrecy by which the Constitution of September 17, 1787 was created permitted Washington to pretend the office of President of the United States was bound by law “to support this Constitution.”  The only oath of office Washington ever took was to “”preserve, protect and defend the Constitution of the United States,” which would only apply to the Northwest Territory and any others lands and property belonging to the United States of America.

The Constitution of September 17, 1787 became the Constitution for the United States of America, when nine States ratified “this Constitution.”  When George Washington took the oral oath to “preserve, protect and defend the Constitution of the United States,” he accepted the employment of  administering the lands and other property belonging to the United States of America.

 To learn all the details of how the Constitution of the United States became the gospel of George Washington, you must enroll in the Basic Course in Law and Government, to do that contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera    

An earlier mini lesson established the office of President of the United States as an employment of the United States of America.  The Constitution reads: “When the President of the United States is tried, the Chief Justice shall preside.”  In Article I Section 3 Clause 7, both Article I and Article II Impeachment is made non-judicial.

The Declaration of Independence of July 4, 1776 declared American independence from the English monarchy, which embodied all government authority in one person, the monarch.  By eliminating King George III, every American was declared equal to every other American, which, also, eliminated all judges.

The Constitution, in Article I, makes it clear that only those Americans who have been freed from a government may rule themselves.  The Articles of Confederation of November 15, 1777 did not bring Americans under governmental legislative power.

The Northwest Ordinance of July 13, 1787 expressly created a temporary government for those Americans inhabiting the Northwest Territory, land belonging to the United States of America.  Article I of the Constitution of September 17, 1787 made that temporary government permanent.

Legislation enacted by the Congress of the United States, the Judiciary Act of 1789, made the federal courts “judicial courts” for the thirteen districts created by that act.  On the date of enactment, September 24, 1789 two States had not ratified the Constitution of September 17, 1787, making the federal courts legislative and only for the land owned by the United States of America.     

The only duty imposed on the Chief Justice by the Constitution of September 17, 1787 is legislative and all other duties imposed on the Chief Justice and United States Supreme Court are legislative.

 This is not all the information you need to prove the Chief Justice, Associate Justices and federal court system is limited to government affairs and the lands owned by the United States of America, but it is a start.   To get the rest of this story, enroll in my Basic Course in Law and Government, by contacting me at edrivera@edrivera.com

Dr. Eduardo M. Rivera

    

Ten States and the District of Columbia recognize common law marriage, so 80% of the States refuse to recognize that a mature man and woman can live together as husband and wife without purchasing a marriage license.  

Only one of the six States that allows same sex marriage recognizes common law marriage.

Clearly, the over whelming majority of the States are into marriage for the money and the control the licensing of the most intimate of human relationships provides government.

Government marital money grubbing can be stopped dead in its tracks, if married people individually or as couples rescind the marriage license that was purchased from a State on the false representation that any marriage without the license would be invalid.

How much sense does it make to refuse government recognition to a husband and wife in a common law marriage, while such recognition is extended to a same sex couple?  It doesn’t make any sense, but government will not change its spots any more than a leopard can.

Government is a commercial enterprise, so if it can coerce the people to pay government for the “privilege” of enjoying human society’s most fundamental, it has become a “public trust” that needs busting.      

Trust busing is as easy as learning the ABC’s of law and government by enrolling in my Basic Course in Law and Government.  Licensing requires written laws and many regulations, which have to apply to one place and to the exclusion of all others.  Governments are limited to making laws for the lands owned by the United States of America.  You will learn how, when you enroll.  To enroll contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera     

California was named by Spanish explorers and claimed for the Spanish monarchy many centuries ago. 

California and Texas were republics of the Mexican Union of States and Spanish property law currently applies in these and other American States.  English is the common language in California and Texas and the English common law is the law in both places.

The original thirteen States formed the perpetual Union, the United States of America on March 1, 1781 when Maryland became the thirteenth State to ratify the Articles of Confederation of November 15, 1777.  The State of California joined the perpetual Union when her two Senators were admitted to the Senate of the United States of America.

The State of California was admitted to the Union established by the Constitution of September 17, 1787 on September 9, 1850 and according to Article 3 Section 1of its Constitution of 1879, “is an inseparable part of the United States of America and the Constitution of the United States is the supreme law of the land.”   The State of California, an inseparable part of the United States of America, is both a government and that part of California, which is owned by the United States of America. 

The State of California does not recognize common law marriage, which is an unlicensed marriage between a man and woman, but does recognize the licensed marriages of the other 55 States of the Union established by the Constitution of September 17, 1787, which was ratified by the States, but not adopted by a government bound to support that Constitution.   

The Supreme Court of the State of California issued an opinion in a case that marriages between persons of the same sex were lawful and, therefore, should be licensed by the State of California.

Proposition 8, which defined marriage as only between one man and one woman, was approved by a majority of State of California registered voters and conforms with Title 1 United States Code Section 7. Definition of “marriage” and “spouse:” “

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.”

Based upon these facts, the Congress of the United States of America recognizes the existence within the place called California two kinds of territory one owned by the United States of America and another owned by others not the United States of America. 

The decision and opinion rendered by United States district judge Vaughn Walker in the matter of the constitutionality of Proposition 8 is inconsistent with the Organic Laws of the United States of America and an act of the Congress of the United States of America.

The recognition by Congress and the refusal of the State of California and many other States of the United States to recognize common law marriage illustrates the nature of the Article I Section 8 Clause 18 ”exclusive Legislation in all Cases whatsoever.”  The Congress of the United States has the power to recognize common law from outside the United States, but the States of the United States do not.

Because the officers of the federal government have never taken and subscribed a written Article VI oath “to support this Constitution,” the Constitution of September 17, 1787 has not been adopted for the United States of America.   The “exclusive Legislation” afforded by proprietary power of Congress trumps the un-adopted Constitution of the United States every time.

Has your state withdrawn recognition of common law marriage and is there a gay marriage movement in your state or has same sex marriage become a reality there?   Then you are in luck, if you want to claim your freedom.   The right to pick your marriage partner is a fundamental human right, so the attempt by the State to outlaw common law marriage and to license civil marriage is a clear signal that the State has unlawfully extended its power beyond the lands owned by the United States of America.

To take advantage of all the possibilities common law and gay marriage present, you must know law and government.  My Basic Course in Law and Government is the only one that will prepare you to take on the State government’s legal establishment.   To enroll, contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera    

The territorial jurisdiction of Chief Judge Walker is the land owned by the United States of America within the counties that comprise the Northern District, so Judge Walker’s findings are limited to that territory.

The legal result of the ruling is that same sex couples may marry in a place under the exclusive legislative power of the United States Congress.  Using that authority Congress has enacted Title 1 United States Code Section 7, the Defense of Marriage Act (DOMA), which recognizes only a marriage between one man and one woman.

Judge Walker’s opinion is in direct conflict with an act of Congress, when one knows how to interpret the first sentence that appears in Chapter 5—District Courts Title 28 United States Code:  “Sections 81 - 131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945.”         

Sections 81 through 131 of Chapter 5 of Title 28 describe the territorial composition of the 48 States, the two Territories, Alaska and Hawaii; the District of Columbia and Puerto Rico.  The only territory common to the 48 States, two territories, the District of Columbia and Puerto Rico is land owned by the federal government, the United States of America, the Confederacy.

Knowing the proper legal territorial jurisdiction of the United States District Court for the Northern District of California is the only sensible way to understand the consequences of Judge Walker’s opinion.  My Students are the only law Students who are taught written law using all the Organic Laws and not just the Constitution of the United States.  If you are looking for a simple solution to a federal problem or a problem with one or more of the States of the United States, contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera        

The illegal immigration debate is underway and as usual the politicians are talking about the 14^th Amendment, American citizens and citizens of the United States.   The 14^th Amendment is clear: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”   

Senators are seriously talking about amending the 14^th Amendment, so the children of illegal aliens will not be American citizens at birth.  These Senators should read the 14^th Amendment as many times as it takes to sink in—the Amendment is about citizens of the United States not American citizens.

The United States is a place where very few illegal aliens give birth. 

Dr. Eduardo M. Rivera   

By now, you should have learned that George Washington took over what is known as the Government of the United States, by taking an oral oath with his fingers crossed.  Such an oath was good enough for government employment type work, but it prevented the establishment of a real government actually bound by the Constitution of September 17, 1787.

The oral oath George Washington took on April 30, 1789 is the same one all the other 43 Presidents have taken:

“I, George Washington, do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” “So help me God.”

Taking the Article II Section 1 Clause 8 oath means none of the Presidents have taken the Article VI oath “to support this Constitution,” the written Constitution of September 17, 1787, which means the “Constitution of the United States” is not originally a written one. 

What is the “Constitution of the United States”?  Article VII of the Constitution of September 17, 1787 provides that when nine States ratify “this Constitution” that Constitution is established “between the States so ratifying the Same,” which means everything in the Constitution that can be confirmed by those States is ratified.  The ratifying States verified the power of the Government of the United States to make law and tax in the State Lands owned by the United States of America.  The States, however, cannot confirm a government of a Congress and Presidents, because Article VI oaths are required from the persons in those offices and no one in “government” takes that oath.        

This is the test: how much of what is written above do you understand?  I expect everyone of my enrolled Students to respond to this test all others will be entitled to a 10% discount on tuition for any coherent answer.  Send your answers to edrivera@edrivera.com 

Dr. Eduardo M. Rivera  

 

When the Sheriff of Bristol County, Massachusetts established a program to charge prisoners for their custody, the inmates sued the Sheriff in, Richard Souza & others v. Sheriff of Bristol County, Supreme Judicial Court-10508 January 05, 2010.  In deciding against the Sheriff, the court referred to an old volume that described the character and origin of the office of sheriff.

The office of the sheriff is one of considerable antiquity. The origin and earliest duties of the office is set forth in L.E. Hitchcock, Powers and Duties of Sheriffs, Constables, Tax Collectors, and Other Officers in the New England States § 4 (2d ed.1904), as follows:

“The office of Sheriff dates back to the early days of English history. Indeed it is sometimes claimed that it became a part of the government of England from the Roman law. As the people of England came gradually under one government the territory became divided, more or less arbitrarily, into counties; over each of which was placed an Earl, or Alderman; and this Earl, or Alderman, was supposed to be the ruler-subject of course to the King-over his county. But this Earl, from the privileges which he possessed and the duties which he was under in reference to his attendance upon the King, gradually ceased to exercise his powers himself, and they were in time delegated to an under-officer, called, in the Roman law, Vicecomes; in the Saxon tongue, Shire-reeve; or in the more modern terms, Sheriff. At first this under-officer, or Sheriff, was to administer the affairs of the county as the representative of the Earl; but in time his duties became more defined, and seem to have been fourfold,-as a Judge, as a Keeper of the Peace, as a Ministerial Officer, and as the King’s Bailiff.

“First, as a Judge. He held court and determined causes between parties wherein the value in dispute was not more than forty shillings, and also heard certain other civil causes. He was also the Judge of certain elections, and of the qualifications of voters.

“Second, as the Keeper of the Peace. Both by common consent and by special commission he became the first man in the county, and superior to all others while he continued in office. He had authority to apprehend persons for the commission of crimes or for breach of the peace, and it was his duty also to defend the county against all enemies of the King, and for this purpose he had power to summon all the people of the county to attend him. This summons every person over fifteen years old and not a peer was bound to obey upon warning.

“Third, as a Ministerial Officer. He was bound to execute all processes issuing from the King’s courts of justice. In the commencement of civil proceedings he had power to serve the writ, arrest and take bail, and, when the cause came to trial, to summon and return the Jury, and after the judgment to see that the same was carried into effect. In criminal matters, he had authority to arrest and imprison, to return the Jury, to have custody of the delinquent, and to execute the sentence.

“Fourth, as the King’s Bailiff. He was required to see that the rights of the King were preserved in his county, or bailiwick.”

All the sheriff’s power’s vanished when King George III was no longer the government in America.

 The English common law didn’t vanish because the common law is firmly and permanently imbedded in the English language.

The word “Sheriff” survived the passing of the king although the sheriff was as much a part of the nobility as the king and queen. 

The  ghost of sheriffs past has been putting families out of their homes for far too long.  A little learning is all it takes to put the sheriff in his place and out of yours.  Enroll.  Become a serious Student of the law and government.  Ask me how at edrivera@edrivera.com

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 edrivera@edrivera.com for enrollment information.

Dr. Eduardo M. Rivera       

Next Page →