Sep
30
DEAR MEMBER OF CONGRESS, THIS IS NOTICE TO YOU THAT I HAVE WITHDRAWN ANY CONSENT TO BE GOVERNED
Filed Under Adoption, Article II Section 1 Clause 5, CONGRESS, CONSTITUTION, Electoral College, LEARNING THE LAW, Northwest Ordinance, ORGANIC LAWS, Presidential Elector | Leave a Comment
Dear Member of Congress:
I have recently enrolled in the Basic Course in Law and Government taught by Dr. Eduardo M. Rivera of California. Dr. Rivera teaches American Law and Government using the Organic Law of the United States of America. I decided to take his course, so that I could intelligently withdraw any consent I might have given to be governed by a Congress of the United States.
The Constitution of September 17, 1787, with amazing brevity, distinguishes the United States in Congress assembled from the Congress of the latest more perfect Union in Article I Section 1. “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 Articles of Confederation was not delegated legislative power over the States or the people of the States. The “legislative Powers herein granted” are the proprietary powers over the Northwest Territory, the States of Ohio, Indiana, Illinois, Michigan, Wisconsin and part of Minnesota, formerly possessed by the United States in Congress assembled and exercised most recently in ordaining the Northwest Ordinance of July 13, 1787, which created a temporary government for the States of the Northwest Territory.
Ratification of the Constitution of September 17, 1787 by nine States, would according to Article VII of this Constitution be sufficient to establish this Constitution between the States so ratifying. This meant that as soon as elections for members of “a Congress of the United States, which shall consist of a Senate and House of Representatives” could be held that Congress could begin to enact Bills to “be presented to the President of the United States” according to Article I Section 7 Clause 2.
New Hampshire became the ninth State to ratify the Constitution of September 17, 1787 on June 21, 1788. The eleven States that had ratified this Constitution elected Senators and Representatives so they could convene as the First Congress of the United States on March 4, 1789.
George Washington was, pursuant to Article II Section 1 Clauses 1,2 and 3, elected unanimously by the Presidential Electors on February 4, 1789 to be President of the United States of America, an Office, apparently, under the authority of the Articles of Confederation, because the Constitution of September 17, 1787 does not describe or prescribe qualification for a President of the United States of America. This Constitution does prescribe what it takes to be eligible to the Office of President in Article II Section 1 Clause 5.
George Washington cannot possibly meet the last qualification of the Office of President: “fourteen Years a Resident within the United States,” because no one in America can meet that requirement until after July 4, 1790. Time in the Constitution of September 17, 1787 is counted from the first day of Independence: July 4, 1776.
The rest of this letter is only available to my Students who have enrolled in one or both classes. To become a Student, contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Sep
29
LEARNING A LESSON IN THE LAW IN SMALL CLAIMS COURT
Filed Under Adoption, CONSTITUTION, LEARNING THE LAW | Leave a Comment
Even the lowly small claims court is part of the judicial system established pursuant to the authority of the Constitution of September 17, 1787. The first nine States ratified this Constitution by June 21, 1788 and by May 29, 1790 all thirteen States had ratified and established this Constitution between themselves as to any territory owned by and ceded to the United States of America within each of those thirteen States.
The person who initiates the small claims proceeding agrees that he will be bound by whatever decision the small claims court “judge” makes. The defendant in a small claims court case who loses can appeal and get another trial.
If you are ever made a defendant in a small claims case, you should, of course, contest territorial jurisdiction by making a motion to quash the small claims court summons. All courts will assume that court has judicial power over you, so all your efforts should be directed to establishing what that court’s territorial jurisdiction really is. All the States try to hide their territorial jurisdiction, but it must and does appear in the law in a very clear form. Once you become one of my Students you will be able to spot, where in the State constitution and statute law, territorial jurisdiction is established. To become a Student, contact me at edrivera@edrivera.com
You will want to learn the territorial law of whatever place you happen to be in, so you can avoid needless litigation. Placing yourself in a civil courtroom is never a good idea, although it beats being in a criminal court. Any person summons into any court, where written law is to be administered must be prepared to show an absence of individual consent and non-inclusion in a group subject to written law, but appearing in court to explain why the court is without territorial jurisdiction is never a good idea. Learn this valuable lesson in the law: learn territorial jurisdiction and never forget it.
Dr. Eduardo M. Rivera
Sep
28
DO ARTICLE III COURTS REALLY EXIST?
Filed Under Adoption, Article III, CONSTITUTION, LEARNING THE LAW, PRESIDENTS, Territorial Jurisdiction, U.S. District Court | Leave a Comment
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
Sep
24
DEFINING THE WORDS IN A WRITTEN CONSTITUTION: “INDIANS NOT TAXED”
Filed Under Fourteenth Amendment, LAW OF THE LAND, LEARNING THE LAW, Territorial Jurisdiction | Leave a Comment
What keeps you from being an Indian not subject to taxation? Most of you were probably born on what used to be Indian lands, so you can qualify to be Native Americans, if only you can lose your Fourteenth Amendment citizenship.
The Constitution of September 17, 1787 attempts to set up an official federal Union comprised of the States of the Northwest Territory, Ohio, Indiana, Illinois, Michigan, Wisconsin and part of Minnesota. Before it could do that the secret Constitutional Convention had to create a federal Union within the original thirteen States. That Union was set up in Article I Section 2 Clause 3:
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
To learn how to become an Indian not taxed, contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Sep
23
RETURN OF THE COMMON LAW: LIMITING ATTORNEYS AND COUNSELORS AT LAW, MEMBERS OF THE BAR AND LICENSED ATTORNEYS TO FEDERAL TERRITORY
Filed Under COMMON LAW, LAW OF THE LAND, LEARNING THE LAW, Property Taxes | Leave a Comment
At the time George Washington was inaugurated President of the United States, April 30, 1789, the English common law was the law in America and the first federal enacted law was just months away. The Basic Course in Law and Government covers this and what no law school in the world can teach.
Over time, federal law crowded out the common law, so now it is just a faint memory. There is, however, renewed hope for a quick return to the English common law, if the first of the Fifty States will acknowledge the territorial limits of the attorney license to be the territory in that State owned by and ceded to the United States of America, the rest will soon follow.
The English common law is unwritten law, so it cannot be controlled or regulated by the State. A State’s written law is created by a State legislature and is administered by the State’s judiciary. Attorneys and Counselors at Law, whose legal education is limited to the States written law, must be admitted to a State Bar of Attorneys before they can practice law in the State. Once admitted to the State Bar they are then subject to regulation and annual licensing.
Because no one can practice State law without being a Bar member and a paying for a license, it is a simple process to establish that the territorial limitations of an Attorney and Counselor at Law is limited to the territorial jurisdiction of a State government that is part of the second federal Union. The Advanced Course in Law and Government is the clinical course in the practical application of law and government.
The return of the English common law will signal the return of individual freedom to America. Be the first person in your State to sign up for the Basic Course in Law and Government, the pre-requisite course to the Advanced Course in Law and Government.
Do you qualify? Contact me at: edrivera@edrivera.com
Dr. Eduardo M. Rivera
Sep
22
UNDERSTANDING STATE CONSTITUTIONS AS MINI CONSTITUTIONS OF THE UNITED STATES
Filed Under CONSTITUTION, Fourteenth Amendment, State of California | Leave a Comment
The State of California was admitted into the second Union of the United States as the 31st State on September 9, 1850. As very State must have a constitution approved by Congress, the State of California had the Constitution of 1849, which is still law in the State of California to the extent it is not contrary to the Constitution of 1879. The second constitution was necessary in order for the Fourteenth Amendment of the Constitution of the United States to be adopted by the people of California.
State constitutions mimic the Constitution of the United States in that the territory the constitution applies to is the same¾territory owned by and ceded to the United States of America. The State of California specifically states this in Article 3 Section 1: “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.”
The first Constitution of the United States of America is unwritten and reference to it is found in the Declaration of Independence, which declares the American people to be free and endowed with unalienable Rights. The Constitution of the State of California In Article 1 Sections 1 and 2 repeats this message, so it too can confuse the reader. These free people are not those who are United States citizens residing in the State of California.
The balance of the 1879 Constitution of the State of California will have nothing to do with the people who have and properly claim their unalienable rights. The people of the State of California are going to become United States citizens subject to the jurisdiction of the United States and the State of California. People in California become United States citizens primarily by registering to vote, working for corporations incorporated in the United States and which claim to be located within the United States.
Every State Constitution will repeat the same theme. All people are free and have unalienable until they become United States citizens and subject to the jurisdiction of the United States.
Dr. Eduardo M. Rivera
Sep
19
YOUR POWER OF SELF GOVERNMENT: YOUR LEGISLATIVE POWER WAS NOT DELEGATED TO CONGRESS OR TO A STATE LEGISLATURE
Filed Under Adoption, CONGRESS, CONSTITUTION, LAW OF THE LAND, LEARNING THE LAW | Leave a Comment
Every adult male is universally recognized to have the power of self-government. Whether that person governs himself by written law or unwritten law is a matter of personal choice. Written goals and a business plan ala Napoleon Hill qualify as personal legislation.
Ever since George Washington became President of the United States, we have experienced an intrusion by government in our personal ability to legislate the kind of life we will live. Where does government get legislative power over us?
Did we consent to be governed? Could we consent to be governed? Unalienable Rights cannot be transferred to another, so we must have left the place of the “Laws of Nature and of Nature’s God.”
We are bewitched. Cast from the Garden we now live in a voting precinct. We were seduced by the thought we could vote ourselves rich.
Voting is not consent to be governed. Registering to vote by claiming a residence in territory owned by and ceded to the United States of America is an admission to the jurisdiction of the Government of the United States.
Want to be free? Get off the plantation and back in the Garden; become a Student of law and government.
Dr. Eduardo M. Rivera
Sep
18
THE NOAH’S ARK OF LAW AND GOVERNMENT: A CONSTITUTION WITH AT LEAST TWO OF EVERYTHING
Filed Under CONGRESS, CONSTITUTION, LEARNING THE LAW, Oath of Office | Leave a Comment
Once the duplications are pointed out, it is impossible to ignore the alternate governing universe created by the Constitution of September 17, 1787. Even the Preamble, which is not part of this Constitution, contains allusions to other Unions and Constitutions.
What was the purpose of all these spare parts? George Washington had plotted all along to take over the government, but he could abort the conspiracy at any time. The critical time arose, when he had to take an oral oath now or wait and take and subscribe to an oath that will bind him to a written Constitution. We all know what Washington did.
The all-important question is: What are you going to do? The American people have been officially deceived for more than 220 years. Enough is enough.
Americans have been misleading each other and the world, with their mistaken ideas of the Founding Fathers and the Constitution for far too long. It is time to get the facts straight. Contact me at edrivera@edrivera.com to become a Student.
Dr. Eduardo M. Rivera
Sep
17
WHY NEITHER THE CONSTITUTION OF SEPTEMBER 17, 1787 NOR THE BILL OF RIGHTS APPLY TO THE CONGRESS AND PRESIDENT OF THE UNITED STATES
Filed Under Adoption, Article II Section 1 Clause 5, Article II Section 1 Clause 8, Articles of Confederation, CONGRESS, CONSTITUTION, Declaration of Independence, Northwest Ordinance, Oath of Office, PRESIDENTS | Leave a Comment
Article II Section 1 Clause 5 of the Constitution of September 17, 1787 required the first person elected to the Office of President to be a resident of the United States for 14 years:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
According to the birth certificate for the United States of America, the Declaration of Independence, the United States of America, as a place, was born on July 4, 1776, so 14 years from that date would be July 4, 1790. No one would qualify for the Office of President until after July 4, 1790. A government that supported the written Constitution could not be begun until after July 4, 1790.
George Washington was elected to the Office of President on February 4, 1789 and he took the oath of Office of President of the United States on April 30, 1789. Washington presided at the secret Constitutional Convention that framed the Constitution of September 17, 1787, so we have to assume that he was intimately acquainted with every detail and feature of this Constitution.
Washington knew that the Office of President of the United States had no requirements as to citizenship, age or residence. He also knew that the Office of President could not be filled until after July 4, 1790. Washington most certainly knew that the person elected to the Office of President would have to take the Article VI oath “to support this Constitution.”
Knowing all this George Washington took the Article II Section 1 Clause 8 oath:
“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.”
George Washington set a precedent for all other persons who have been elected President. Not one of the 44 persons elected President has ever taken the Article VI oath to fill the Office of President. This means “this Constitution” has not been adopted, since a person who is a natural born Citizen or a Citizen of the United States, at least 35 years old and 14 years a resident has not taken an Article VI oath to support this Constitution. Like an orphan, an unsupported Constitution is not Adopted.
If “this Constitution,” the Constitution of September 17, 1787, has not been adopted, what constitution was adopted when George Washington took the oral oath to become President of the United States? “This Constitution,” the written Constitution of September 17, 1787, requires a complementary written subscribed oath, which has never been given or taken. The Constitution of the United States must be an unwritten constitution, as to the Congress and President of the United States.
The States ratified “this Constitution,” the written Constitution of September 17, 1787, however, that ratification does not bind the Congress of the United States. The Article VI oath is intended to bind the Congress and President to “to support this Constitution.” Neither the Congress nor the President of the United States is bound to a written Constitution, which is why neither Congress nor the President of the United States has taken and been bound to a written and subscribed oath that supports this Constitution. The President of the United States takes an unsubscribed oral oath and the Congress takes a written version of that oral oath that only resembles the Article VI oath.
As neither the Congress nor the President of the United States is bound to the Constitution of September 17, 1787, neither is bound to the Bill of Rights. The States that ratified “this Constitution” are bound to a written Constitution, and State officers are also bound to the unwritten Constitution of the United States.
This post marks 222 years since the written Constitution was presented to the United States in Congress assembled for submission to the States for ratification. It was not established on September 17, 1787, nor was it adopted when New Hampshire became the ninth State to ratify it on June 21, 1788. If all this leaves you confused, become one of my students and start learning why the government is such a mess.
Dr. Eduardo M. Rivera
Sep
16
WHERE EXACTLY DOES CONGRESS GET THE POWER TO MAKE LAWS?
Filed Under Adoption, Articles of Confederation, CONGRESS, CONSTITUTION, Declaration of Independence, Northwest Ordinance, ORGANIC LAWS | Leave a Comment
The first place we should look is the Organic Law of the United States of America. This is the fundamental law for all the laws enacted by Congress. In chronological order, the Organic Law is the Declaration of Independence, Articles of Confederation, Northwest Ordinance of July 13, 1787 and the Constitution of September 17, 1787.
It doesn’t take a great legal scholar to dismiss the Declaration of Independence and the Articles of Confederation as sources of congressional legislative power. The only law the Declaration of Independence refers to is “the Laws of Nature and of Nature’s God,” and King George’s “Acts of pretended Legislation.” The Articles of Confederation are renown for their absence of any delegation of legislative power from the States to the United States in Congress assembled, the Congress of the Confederacy.
The Congress of Confederacy acquired a power to legislate for the Northwest Territory, when the States that had claims to territory outside their original charters ceded those claims to the United States of America. That proprietary power was exercised in the ordination of the Northwest Ordinance of July 13, 1787, which created a temporary government for the first federal district.
The fourth and final Organic Law, the Constitution of September 17, 1787, would create a second Congress identified in Article I Section 1 as “a Congress of the United States, which shall consist of a Senate and House of Representatives” and which will be granted “[A]ll the legislative Powers” when the first nine States ratified this Constitution. The grant of all legislative Powers must refer to the power to ordain legislation for federal district known as the Northwest Territory, for nine States, under Article X, could delegate the power to make laws for the district.
The answer to the question: “Where exactly does Congress get the power to make laws”
is the Northwest Ordinance of July 13, 1787. The Constitution of September 17, 1787, when ratified by nine States, established that Constitution between the ratifying States, which means the legislative power over the district was delegated to the new “Congress of the United States, which shall consist of a Senate and House of Representatives.”
The Constitution of September 17, 1787 is ratified by all the States, but it is never adopted by any government. The first members of the Congress of the United States, which shall consist of a Senate and House of Representatives, never take the Article VI oath necessary to form a government, so one is never formed.
Dr. Eduardo M. Rivera