Jun
29
PREPARING FOR THE INEVITABLE COLLAPSE OF THE STATE OF CALIFORNIA
Filed Under COMMON LAW, CONSTITUTION, LAW OF THE LAND, LEARNING THE LAW, LIBERTARIAN, Martial Law, PRESIDENTS, State of California | Leave a Comment
Everyone with an informed opinion knows government in California based on the Constitution of the State of California and the Constitution of the United States is headed toward total collapse. The only viable law outside of that for the land owned by the United States of America will be the English common law.
Fortunately, governments only seek to control productivity governments produce nothing. We can survive the end of this government, if we are prepared. The destruction of Government will not be complete, because the federal government will try to maintain control over the property in California owned by the United States of America. The State of California’s collapse will give us another chance to get it right.
The coming collapse of the State of California will herald the return to the legitimate government that existed during the American Revolution and after the defeat of the English monarchy and before the rise of George Washington and the Presidents. My Students are learning how all governments in America came to be and why the worse ones are teetering near collapse now.
Successful reconstruction of society depends on a total comprehension of the errors of the past and the knowledge necessary to avoid those errors in the future. By becoming a Student, you will learn how government was broken and what can be fixed.
Dr. Eduardo M. Rivera
Jun
28
WHY YOU HAVE TO LEARN THE LAW
Filed Under Adoption, Articles of Confederation, CONGRESS, CONSTITUTION, LAW OF THE LAND, LEARNING THE LAW, LIBERTARIAN, PRESIDENTS, Supreme Court | Leave a Comment
The federal government isn’t the President and Congress of the United States and the Supreme Court of the United States that just happens to be “the type of a particular activity or the manner in which the Government conducts it.” The “it” is the administration of the United States and other property belonging to the United States of America. The federal government is the United States of America, the Confederacy established by the Articles of Confederation of November 15, 1777. The Constitution of September 17, 1787 spun the Articles of Confederation into the federal government and made possible the President’s administration. The Federal Crop Insurance case should be read by anyone interested in limited government here is a piece of it:
FEDERAL CROP INSURANCE CORPORATION v. MERRILL
It is too late in the day to urge that the Government is just another private litigant, for purposes of charging it with liability, whenever it takes over a business theretofore conducted by private enterprise or engages in competition with private ventures. Government is not partly public or partly private, depending upon the governmental pedigree of the type of a particular activity or the manner in which the Government conducts it. The Government may carry on its operations through conventional executive agencies or through corporate forms especially created for defined ends. (Citations Omitted) Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority. The scope of this authority may be explicitly defined by Congress or be limited by delegated legislation, properly exercised through the rule-making power. And this is so even though, as here, the agent himself may have been unaware of the limitations upon his authority. 332 U.S. 380, 384 (1947)
The President of the United States, Congress of the United States and the Supreme Court of the United States are limited to the United States, its “government” and its citizens. You won’t be free until you learn how to read and understand the law. To get the information you need, you must enroll in my Basic Course in Law and Government, contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Jun
27
A SUPER SHORT HISTORY OF TAXATION
Filed Under LEARNING THE LAW, Property Taxes | 1 Comment
Taxes are what governments charge, so they can continue to be governments. The first governments of recorded history are of single rulers. These rulers rule by making laws and direct orders. The laws are carried out by bureaucrats and the decrees by employee/agents of the single ruler, which include the military forces.
Every ruler makes laws with respect to the consumption of alcohol forbidding it altogether or by regulating its manufacture. Taxes on the manufacture of alcohol are called indirect because the tax collected is incidental to the purpose of the law producing the revenue, which is regulation.
The ruler can also impose a direct tax on all the property that is used in the manufacture of alcohol. In order to impose a fair tax, all the alcohol making property in the realm would have to be accounted for and the amount of the tax sought to be collected would be apportioned among the owners of the property according to value of the property. Owners of taxable property are ordered to make lists or returns of taxable property, so individual taxes can be determined.
Indirect taxation of alcohol manufacture requires licensing and an accounting of production. Direct taxation of the property used in alcohol manufacture requires that every owner of alcohol making property disclose the amount of such property, so the tax can be apportioned to his property.
With that background, I hope this will make taxation simple: taxes are either direct or indirect. If you are paying property taxes, you are ruled by a king or similar single ruler. If you are paying indirect taxes, you are producing income on the property of the king. You could also just be making a gift.
If you can understand this super short history of taxation, I can teach you everything hardly anyone knows about taxes, law and government. To become a Student, contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Jun
26
WHY THE FEDERAL INCOME TAX OF 1894 WAS DECLARED UNCONSTITUTIONAL
Filed Under CONSTITUTION, LEARNING THE LAW, LIBERTARIAN | 6 Comments
The federal income tax of 1894 consisted of eleven paragraphs numbered from 27 to 37. Paragraph 29 caused the tax to be declared unconstitutional, because a duty to make a return of taxable property was imposed, without apportioning the tax. The imposition of a legal duty to make a return of taxable property is how a direct tax is created, but the Constitution of September 17, 1787 requires all direct taxes to be apportioned. Now you know why Senate Majority Leader Harry Reid says the federal income is voluntary.
ACT OF AUGUST 28, 1894.
28 Statutes at Large 509
CHAP. CCCXLIX, AN ACT TO REDUCE TAXATION, TO PRO-
VIDE REVENUE FOR THE GOVERNMENT, AND FOR OTHER
PURPOSES.
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SECTION 29.
That it shall be the duty of all persons of lawful age having an income of more than three thousand five hundred dollars for the taxable year, computed on the basis herein prescribed, to make and render a list or return, on or before the day provided by law, in such form and manner as may be directed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, to the collector or a deputy collector of the district in which they reside, of the amount of their income, gains, and profits, as aforesaid; and all guardians and trustees, executors, administrators, agents, receivers, and all persons or corporations acting in any fiduciary capacity, shall make and render a list or return, as aforesaid, to the collector or a deputy collector of the district in which such person or corporation acting in a fiduciary capacity resides or does business, of the amount of income, gains, and profits of any minor or person for whom they act, but persons having less than three thousand five hundred dollars income are not required to make such report; and the collector or deputy collector, shall require every list or return to be verified by the oath or affirmation of the party rendering it, and may increase the amount of any list or return if he has reason to believe that the same is understood; and in case any such person having a taxable income shall neglect or refuge .to make and render such list and return, or shall render a willfully false or fraudulent list or return, it shall be the duty of the collector or deputy collector, to make such list, according to the best information he can obtain, by the examination of such person, or any other evidence, and to add fifty per centum as a penalty to the amount of the tax due on such list in all cases of willful neglect or refusal to make and render a list or return; and in all cases of a willfully false or fraudulent list or return having been rendered to add one hundred per centum as a penalty to the amount of tax ascertained to be due, the tax and the additions thereto as a penalty to be assessed and collected in the manner provided for in other cases of willful neglect or refusal to render a list or return, or of rendering a false or fraudulent return: Provided, That any person or corporation in his, her, or its own behalf, or as such fiduciary, shall be permitted to declare, under oath or affirmation, the form and manner of which shall be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, that he, she, or his or her, or its ward or beneficiary was not possessed of an income of four thousand dollars, liable to be assessed according to the provisions of this Act; or may declare, that he, she, or it, or his, her, or its ward or beneficiary has been assessed and has paid an income tax elsewhere in the same year, under authority of the United States, upon all his, her, or its income, gains, or profits, and upon all the income, gains, or profits for which he, she, or it is liable as such fiduciary, as prescribed by law; and if the collector or deputy collector shall be satisfied of the truth of the declaration, such person or corporation shall thereupon be exempt from income tax in the said district for that year; or if the list or return of any person or corporation, company, or association shall have been increased by the collector or deputy collector, such person or corporation, company, or association may be permitted to prove the amount of income liable to be assessed; but such proof shall not be considered as. conclusive of the facts, and no deductions claimed in such cases shall he made or allowed until approved by the collector or deputy collector. Any person or company, corporation or association feeling aggrieved by the decision of the deputy collector, in such cases may appeal to the collector of the district, and his decision thereon, unless reversed by the Commissioner of Internal Revenue, shall be final. If dissatisfied with the decision of the collector such person or corporation, company or association may submit the case, with all the papers, to the Commissioner of Internal Revenue for his decision, and may furnish the testimony of witnesses to prove any relevant facts, having served notice to that effect upon the Commissioner of Internal Revenue, as herein prescribed. Such notice shall state the time and place at which, and the officer before whom, the testimony will be taken; the name, age, residence, and business of the proposed witness, with the questions to be propounded to the witness, or a brief statement of the substance of the testimony he is expected to give: Provided, That the Government may at the same time and place take testimony upon like notice to rebut the testimony of the witnesses examined by the person taxed. The notice shall be delivered or mailed to the Commissioner of Internal Revenue a sufficient number of days previous to the day fixed for taking the testimony, to allow him, after its receipt, at least five days, exclusive of the period required for mail communication with the place at which the testimony is to be taken, in which to give, should he so desire, instructions as to the cross examination if the proposed witness. Whenever practicable, the affidavit or deposition shall be taken before a collector or deputy collector of Internal Revenue, in which case reasonable notice shall be given to the collector or deputy collector of the time fixed for taking the deposition or affidavit: Provided, further. That no penalty shall be assessed upon any person or corporation, company, or association for such neglect or refusal or for making or rendering a willfully false or fraudulent return, except after reasonable notice of the time and place of hearing, to be prescribed by the Commissioner of Internal Revenue, so as to give the person charged on opportunity to be heard.
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To learn everything you don’t know now about law and government, take my Basic Course in Law and Government by contacting me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Jun
25
UNITED STATES CODE TITLE 28 JUDICIARY AND JUDICIAL PROCEDURE SECTION 1746. UNSWORN DECLARATIONS UNDER PENALTY OF PER-JURY THE FEDERAL VERSION OF THE ENGLISH STATUTE OF FRAUDS AND PERJURIES OF 1677
Filed Under Adoption, Articles of Confederation, CONSTITUTION, Declaration of Independence, LEARNING THE LAW, Northwest Ordinance, Oath of Office, ORGANIC LAWS | 1 Comment
Wherever, under any law of the United States or under any rule, regulation, order, or requirement made pursuant to law, any matter is required or permitted to be supported, evidenced, established, or proved by the sworn declaration, verification, certificate, statement, oath, or affidavit, in writing of the person making the same (other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than a notary public), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verification, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form:
(1) If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)”.
(2) If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)”.
COMMENTARY BY Dr. EDUARDO M. RIVERA
The Organic Laws of the United States of America: Declaration of Independence of July 4, 1776, Articles of Confederation of November 15, 1777, Northwest Ordinance of July 13, 1787 and the Constitution of September 17, 1787 establish that the place name “United States” refers to all the land owned by the United States of America, the Confederacy, or subject to power and jurisdiction of the United States of America.
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A document is executed when it is subscribed by the person who is to be bound by the contents of the document. Section 1746 demonstrates why the oral oath required of the person who is to fill the Office of President of the United States is non-binding.
Enrolled Students get full versions of all Post. To become a Student, contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Jun
24
WHO IS THE COMMANDER IN CHIEF? PRESIDENT OF THE UNITED STATES OR PRESIDENT OF THE UNITED STATES OF AMERICA OR SOME OTHER PRESIDENT?
Filed Under Adoption, Article II Section 1 Clause 5, CONSTITUTION, Electoral College, LEARNING THE LAW, Oath of Office, ORGANIC LAWS | 2 Comments
Yesterday Commander in Chief Barack Hussein Obama relieved General Stanley McChrystal of his command in Afghanistan, but which President is the Commander in Chief? Like every other President, Barack Hussein Obama was elected to the Office of President of the United States of America, but takes the oral oath of office of President of the United States.
The President of the United States is charged by Article I Section 7 of the Constitution of September 17, 1787, with oversight of all the Bills passed by “the House of Representatives and the Senate.”
The President of the United States of America is vested with “the executive Power “in Article II Section 1 Clause 1 of the Constitution of September 17, 1787.
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Who is the Commander in Chief? Title 3—The President of the United States Code makes provision for the election of the President and Vice President by State electors. The President of Title 3 is officially the President of the United States. We know that because the person elected by the State electors takes the oral oath to that Office. The President of the United States of America is, however, the President with the Executive power.
We can always ask the President, but before you do that maybe you should enroll in my Basic Course in Law and Government, so you can understand any answer you might get. To enroll in the course and to get the rest of this post, contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Jun
23
WHY WRITTEN LAW IS JUST LAW FOR GOVERNMENT
Filed Under Articles of Confederation, CONSTITUTION, LAW OF THE LAND, Martial Law, Northwest Ordinance, Oath of Office, ORGANIC LAWS | Leave a Comment
By the time a Student completes the Basic Course in Law and Government, that Student will be able to prove that all written law is law for government. Once people are recognized to be free, as happens in the Declaration of Independence of July 4, 1776, written laws have no power over them. Recall the line from the Declaration of Independence: “WE hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness—”
As even slaves are potentially endowed with the gift of freedom, it only takes the right circumstances for any human creature to be set totally and completely free. However, just as soon as Americans freed themselves from the British monarchy, domestic political forces within America began to plot their new enslavement under constitutional law.
Legal enslavement of an entire nation was made possible by the public federal education put forward in Article 3 of the Northwest Ordinance of July 13, 1787. The poor quality of both general and legal education placed the public at a significant disadvantage with respect to the so-called Founding Fathers. A cleverly worded constitution written in secret caused all Americans to believe that a bicameral legislature consisting of a Senate and House of Representatives could legislate for the entire nation, if the subjects of that legislation were enumerated and general in scope.
All the members of all American State legislatures quickly took the oath to support this Constitution of the United States enacted by the First Congress, when they realized their State’s former legislative power had been tied completely to the English monarchy, so George Washington’s new regime offered the only viable alternative to a reversion of all political power to the people and a return to the English common law.
Great Britain survives as a modern nation because it is unapologetically a monarchy that is responsible for enacting all written laws. The English monarchy supplies the executive power and procedural laws needed to administer the unwritten English common law. In America, executive power is supplied by the myth that some of the American people, who claim to be Citizens of the United States have the power to make laws even for those who wish to rule themselves as free inhabitants of the United States of America.
The Declaration of Independence is the first of the Organic Laws of the United States of America, which is binding on all the governments of the United States of America, however, as governments necessarily make laws for citizens, a person must cease being a citizen, if he or she is to be free.
The second Organic Law of the United States of America binds the States to recognize the rights of free inhabitants of each of the States to all privileges and immunities of free citizens in the several States. This provision makes temporary citizenship not only possible but a real necessity for individual freedom in the United States of America.
The four Organic Laws of the United States of America: 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 were all signed by men in their capacities of delegates or representatives of governments. None of these signatories were representative of individuals at the time they signed nor could they bind persons other than themselves, therefore, the Organic Laws of the United States of America can only be binding on governments.
As the Organic Laws are the fundamental laws of the government of the United States of America, the Statutes at Large and the United States Code is limited to the United States and government of the United States.
This is why all written law is exclusively law for government.
Dr. Eduardo M. Rivera
Jun
22
The Judiciary Act of 1789
Filed Under CONSTITUTION, Declaration of Independence, Fourteenth Amendment, GRAND JURY, IMMIGRATION, LAW OF THE LAND, LEARNING THE LAW, Martial Law | Leave a Comment
September 24, 1789.
1 Stat. 73.
CHAP. XX.–An Act to establish the Judicial Courts of the United States.
SEC . 2. And be it further enacted, That the United States shall be, and they hereby are divided into thirteen districts, to be limited and called as follows, to wit: one to consist of that part of the State of Massachusetts which lies easterly of the State of New Hampshire, and to be called Maine District; one to consist of the State of New Hampshire, and to be called New Hampshire District; one to consist of the remaining part of the State of Massachusetts, and to be called Massachusetts district; one to consist of the State of Connecticut, and to be called Connecticut District; one to consist of the State of New York, and to be called New York District; one to consist of the State of New Jersey, and to be called New Jersey District; one to consist of the State of Pennsylvania, and to be called Pennsylvania District; one to consist of the State of Delaware, and to be called Delaware District; one to consist of the State of Maryland, and to be called Maryland District; one to consist of the State of Virginia, except that part called the District of Kentucky, and to be called Virginia District; one to consist of the remaining part of the State of Virginia, and to be called Kentucky District; one to consist of the State of South Carolina, and to be called South Carolina District; and one to consist of the State of Georgia, and to be called Georgia District.
Section 2 of the Judiciary Act of 1789 is one of the early products of the Constitution of the United States, which proves the United States is the land in the United States of America owned by the Confederacy known as the United States of America. Long before the Fourteenth Amendment claimed a person could be born in the United States and not just in one of the States of the United States, the Judiciary Act of 1789 had established two judicial districts in places that were not yet States of the United States of America.
The judicial districts of Maine and Kentucky were on September 24, 1789 comprised of the same territory such districts are comprised of today—territory owned by and ceded to the United States of America. By ratifying the Constitution of September 17, 1787, the States of Massachusetts and Virginia had decided to make Maine and Kentucky part of the United States.
Section 2 speaks with absolute clarity: “That the United States shall be, and they hereby are divided into thirteen districts, to be limited and called as follows.” The “United States” as territory has always been limited to territory owned by and ceded to the United States of America.
If you have had it with being a citizen of the United States, try something better. The Articles of Confederation of November 15, 1777 offers all the privileges and immunities of citizenship without the hardship. To learn how you can be a free inhabitant under the Articles of Confederation of November 15, 1777 contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera
Jun
21
The Judiciary Act of 1789
Filed Under Adoption, Article III, CONSTITUTION, LAW OF THE LAND, Martial Law, Oath of Office, Supreme Court | Leave a Comment
The Judiciary Act of 1789
September 24, 1789.
1 Stat. 73.
CHAP. XX.–An Act to establish the Judicial Courts of the United States.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme court of the United States shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August. That the associate justices shall have precedence according to the date of their commissions, or when the commissions of two or more of them bear date on the same day, according to their respective ages.
The Constitution of September 17, 1787 stated where the judicial power of the United States of America was to be placed in the first sentence of Article III: “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.”
It should be very clear from the language in the Judiciary Act of 1789 that Congress was enacting a system of legislative territorial courts for the United States, the lands owned by the United States of America.
The judicial power of the United States of America had two sources: the Articles of Confederation of November 15, 1777 and its proprietary power over the lands owned by the United States of America.
The Supreme Court of the United States was the simple result of legislative sausage making. There was no reverent ordination or establishment of any high minded judicial institution just the ordinary chicanery that brought the federalists into power.
Dr. Eduardo M. Rivera
Jun
17
TITLE 4—FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
Filed Under CONSTITUTION, LEARNING THE LAW, Northwest Ordinance | Leave a Comment
Title 4 of Volume 1 of the 2000 edition of the United States Code is only 19 pages. If you understand that the States of Title 4 originated in the Northwest Ordinance of July 13, 1787 and were concluded in the Constitution of September 17, 1787, you know the secrets of the United States Code.
If you are unsure of which Union these States belong, check out how the Code transforms the flag of the United States into the flag of the United States of America.
If you are still unsure of what the United States Code is all about, look into becoming one of my Students. Contact me at edrivera@edrivera.com
Dr. Eduardo M. Rivera