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Former President of the United States George W. Bush said it best: “The Constitution is just a piece of paper.”   The Constitution of September 17, 1787 was the original “piece of paper,” which George Washington refused to adopt by taking the Article VI oath in a way that would bind him “to support this Constitution.”  In the exact words of Article VII of  “this Constitution,” “[T]he Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”    So, “Ratification” by the States results in the “Establishment of this Constitution.  What causes “this Constitution” to be adopted?

Adoption requires support and the support of any written document has, since 1677, the date of the Statute of Frauds and Perjuries, required the subscription of the person to be bound.  George W. Bush had taken the oral oath of Office of President of the United States twice, but neither time bound him “to support this Constitution,” hence, the statement: “The Constitution is just a piece of paper.”

This is just a very small sample of some of the fun my Students have with the facts hidden in plain sight in the Constitution of September 17, 1787.  To learn how George W. Bush had the last laugh and how you can have Senators and Representatives laughing till they cry, contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dr. Eduardo M. Rivera