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 email@example.com 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
With only a few exceptions, the English common law is the law in California. However, as very few people are aware of that legal fact, statute law has been widely applied outside of the State of California, the territory owned by or subject to the exclusive legislative power of the United States of America. To show how State of California statute law has been extended beyond the territory just described, I will explain the meaning of the requirement in the State of California Code of Civil Procedure Section 203 that a juror must be a “domiciliary of the State of California.”
Pursuant to the Organic Laws: Declaration of Independence of July 4, 1776, Articles of Confederation of November 15, 1777, Northwest Ordinance of July 13, 1787 and Constitution of September 17, 1787 the United States of America has conferred concurrent jurisdiction over its territory in California. Concurrent jurisdiction is acknowledged in Article 3 Section 1 of the Constitution of the State of California: “The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.” Article 4 of the Northwest Ordinance makes the State of California forever part of the Confederacy: “The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted.”
The Constitution of the United States provides for no less than three Citizens of the United States. In Article I Section 2 Clause 2 provision is made for a Citizen of the United States within territory where the age of majority is attained at eighteen, the territory owned by or subject to the exclusive legislative power of the United States of America. In Article I Section 3 Clause 3, a Citizen of the United States is without the United States, so the age of majority is age twenty-one years. The third citizen of the United States is a Fourteenth Amendment citizen, who must be born or naturalized in the United States, the territory owned by or subject to the exclusive legislative power of the United States of America.
The State of California Constitution Article 3 Section 1 definition of the State of California and the State of California Code of Civil Procedure Section 203 requirement that a juror be at minimum a citizen of the United States and a domiciliary of the State of California makes it nearly impossible for any Californian to qualify as a juror. In order for the State of California to be both an inseparable part of the United States of America and a place where a citizen of the United States might have a domicile, the State of California must be a habitable place. To be an inseparable part of the Confederacy, the State of California must be the territory owned by or subject to the exclusive legislative power of the United States of America.
The initial formation of the Confederacy under the Articles of Confederation of November 15, 1777 did not involve a transfer of any territory that constituted any part of the original territory of the thirteen States. The Northwest Ordinance of July 13, 1787 Article 4 transfers of territory to the Confederacy consisted of the territory to remain under the ownership of the United States of America and would remain subject to the exclusive legislative power of the United States of America.
In order for a Californian to qualify as a juror that Californian would have to have a permanent place of abode within a national park or forest within California.
The State of California juror qualification law is not unique every State requires jurors to be domiciled in federal territory because that’s where written law is the law. To learn the truth about law and government, enroll in my “Basic Course in Law and Government” at the introductory cost of $50. For complete details contact me at firstname.lastname@example.org
Dr. Eduardo M. Rivera
An executive mansion was appropriate for the first executive of a long line of Presidents of the United States of America who had no official executive power. Article II Section 1 of the Constitution of September 17, 1787 had revised the Articles of Confederation of November 15, 1777, to provide for a President with executive power, when nine States ratified “this Constitution.”
Washington was elected President of the United States of America on February 4, 1789, when the Presidential Electors voted unanimously for him, however, although everyone knew George Washington had been elected the Certificates of Vote still had to be transported to New York City to be unsealed and counted, as required by Article II Section 1 Clause 3 of the Constitution. The opening of the Certificates and the counting of the Vote took place on April 6, 1789 and on that date George Washington became President of the United States of America when he received all 69 Electoral Votes.
Neither the media nor academia dare to report the important dates that conclusively establish the three major Offices of President. My “Basic Course in Law and Government” is the only legal instruction which recounts all the important events of the nation’s founding truthfully. To enroll, 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
Prior to the ratification of Seventeenth Amendment to the Constitution of the United States, Article I Section 3 Clause 1 determined how Senators were to be elected: “The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.”
The direct election of the Senate by the electors of the States had the effect of shifting political power in the States from State electors to federal voters.
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
Dear Member of Congress:
If I had consented to be governed by registering to vote and consenting to be a juror and a taxpayer, I would be one of your constituents. However, as I want to be free myself from all government, so I can be free to govern myself I will share with you what I have learned about the federal judiciary, which goes back to the Judiciary Act of 1789 September 24th of that year to be exact. On that date North Carolina and Rhode Island had not ratified the Constitution of September 17, 1787, however, that did not prevent the First Congress from dividing the entire United States on that date into thirteen judicial districts. Then, as now, the territorial composition of federal judicial district was the territory Congress had exclusive legislative power over.
This the first paragraph of a letter I am preparing for those Students, who have enrolled in my Basic Course in Law and Government and those who have become Advanced Students.
Readers of these Posts are invited to use the material provided for any educational purpose. Readers who want to become Students should contact me at email@example.com
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 firstname.lastname@example.org
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 email@example.com
Dr. Eduardo M. Rivera
On January1, 1945, the United States of America was still at war. The Sixth Amendment, set out below, requires a date certain and one marking the beginning of a new year at war is particularly appropriate for a nation’s military courts:
“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.”
“An impartial jury of the State and district wherein the crime shall have been committed” means the jurors have to be local to the criminal act. Federal jurors are required to be residents of the judicial district for one year.
The “district shall have been previously ascertained by law” means the territorial composition of the district is set by written law on a specific date.
The right to an impartial jury gives rise to the right to challenge the qualifications of the grand and petit jurors.
The United States Supreme Court is of the opinion that the right of the accused to such an impartial grand jury is absolute, so the right to show the partiality of the grand jury is absolute, see Test v. United States, 420 U.S.28 (1975).
Dr. Eduardo M. Rivera