• Pages

  • CONTACT ED RIVERA
  • LETTER TO CAPTIVES
  • REFERENCE DOCUMENTS

• Recent Posts

  • IF YOU DON’T VOLUNTARILY PAY A PROPERTY TAX BILL, WHICH GOVERNMENT OFFICER HAS THE AUTHORITY TO CALCULATE ANY AMOUNT ALLEGEDLY DUE AND DEMAND THAT AMOUNT BE PAID?
  • PROPOSED SALES TAX ON INTERNET PURCHASES IS JUST ANOTHER INCOME TAX ON RETAIL SELLERS
  • United States of America v. Dzhokhar Tsarnaev, defendant
  • THE LESSON OF THE ORGANIC LAWS
  • State of Connecticut Governor signs what is being described as the toughest gun laws in the U.S.

• 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
  • PROPRIETARY POWER
  • Second Amendment
  • State of California
  • Supreme Court
  • Territorial Jurisdiction
  • TRIAL BY JURY
  • U.S. District Court
  • Uncategorized

• Archives

  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • 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

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 edrivera@edrivera.com

Dr. Eduardo M. Rivera         

  

The four Organic Laws of the United States of America is the source of all written law, and all law making power has, since April 30, 1789, been limited to the land owned by or subject to the exclusive legislative power of the United States of America.  The Congress and President of the United States together make the laws, so the United States of America can administer its territory and other property.  

The word “district” is used consistently in the Organic Laws of the United States of America to describe the territory subject to the exclusive legislative power of the United States of America.

The first Organic Law, the Declaration of Independence of July 4, 1776, only once uses the word “Districts,” and only in a way that  clearly shows a “district” to be a place subject to the exclusive authority of a superior government. “He has refused to pass other Laws for the Accommodation of large Districts of People, unless those people would relinquish the right of Representation in the Legislature, a Right inestimable to them and formidable to Tyrants only.”

The word “district” never appears in the Articles of Confederation of November 15, 1777.  While the third Organic Law is all about the “district” called the Northwest Territory. “Be it ordained by the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.”

The sole appearance of the word “district” in the Constitution of September 17, 1787 confirms the meaning it was given in the Declaration of Independence and Northwest Ordinance.  “To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square), as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.”

The “Laws of Nature and of Nature’s God” are unwritten law, so they are easy to understand.   It is the written law that requires a legal education.  My Basic Course in Law and Government is the only complete legal instruction available on the Internet.  To enroll, contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera   

Article VII of the Constitution of September 17, 1787 states “this Constitution” is established between the first nine States, when the ninth one ratifies.   When George Washington takes this 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,” only eleven States have ratified the Constitution of September 17, 1787.

My Basic Course in Law and Government is the only law course available anywhere, which teaches the beginner how to use the four Organic Laws of the United States of America to limit Congress to the territory owned by or subject to the exclusive jurisdiction of the Confederacy, the United States of America.

The first year at Harvard or Yale Law School can cost $50,000.  For one per cent of what Harvard or Yale costs, you can learn to prove the Constitution of September 17, 1787 was never adopted.  Contact me at edrivera@edrivera.com  to get all the information you need to enroll.

Dr. Eduardo M. Rivera    

Every four years since April 30, 1789 a man has been inaugurated President of the United States even though the words “inaugural,” “inaugurate” and “inauguration” appear nowhere in the Constitution of September 17, 1787 or any of the other three Organic Laws of the United States of America.  That’s not the only thing left out of the Organic Laws.

The first person to take the oral oath of Office of President of the United States, George Washington, didn’t have to meet any requirements or qualifications for the Office of President of the United States, because there are none.  Although it is commonly believed Presidents of the United States must meet the eligibility requirements set out in Article II Section 1 Clause 5 of the Constitution of September 17, 1787, the eligibility factors of citizenship, Adoption of this Constitution, age and residency apply only to the person who is to fill the Office of President, an Office different from that of President of the United States.

Reduced to its essential element law defines a relationship.  The four Organic Laws of the United States of America define the various relationships between the parties within each of the Organic Laws.  The Constitution of September 17, 1787 defines the relationships between the parties by carefully making distinctions between the parties.

First, the parties who are legislative Presidents are distinguished by name.  The first President mentioned in the Constitution of September 17, 1787 is the Vice President of the United States.  The second President is the President pro tempore and the third is the President of the United States.

Secondly, the legislative Presidents are distinguished by duties.  The Vice President of the United States is President of the Senate and the President pro tempore takes the Vice President’s place when the Vice President exercises the duties of the Office of President of the United States.  The only duties of the Office of President of the United States are set out in Article I Section 7.  The President of the United States must approve or object to Bills enacted by the Senate and House of Representatives.  These legislative duties define the relationship of the Office of President of the United States to the rest of the parties in the Constitution of September 17, 1787.

 George Washington picked himself to be President of the United States because he knew the similarities of the two Offices, President of the United States and President of the United States of America would be confused by Americans into one powerful Office.  Don’t allow constitutional confusion to rob you of your freedom.  My Basic Course in Law and Government will teach you how to find the clues in the Organic Laws of the United States of America that free Americans from the stranglehold of written law and the governments that produce it.  To enroll contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera    

The first nine States of the Confederacy that ratify the Constitution of September 17, 1787 are sufficient, pursuant to Article IX of the Articles of Confederation of November 15, 1777 to grant the proprietary power of the Confederacy, the United States of America, to a Congress consisting of “a Senate and House of Representatives.”  That “Congress of the United States” is never formed for want of qualified Senators and the proprietary power reverts back to the original United States in Congress assembled, which has become the Senate of the United States of America and a new House of Representatives elected by those in the States, who consider themselves to be Citizens of the United States of America.

The Constitution of the United States is all the territory and other property belonging to the United States of America.  Because only nine States are required to establish the Constitution of September 17, 1787 between “the States so ratifying the Same,” that written Constitution is applicable to those States only with respect to the proprietary power of the United States of America over its property the United States.  The first nine States being United States are bound by a Constitution of the United States, which is limited as the proprietary power of the United States of America is limited.

The proprietary power possessed by the United States of America and exercised by the Confederate government, the Senate and House of Representatives of the United States of America, would be identical to the government power granted in the Constitution of September 17, 1787, if the officers of that government would have supported that Constitution by binding themselves by written oath or affirmation “to support this Constitution.”

Dr. Eduardo M. Rivera   

All written law has to be studied as a progression from earlier written law called Organic Law.  All present written law governments are in power because the people believe so-called democratic governments supplant prior Organic Laws with and an amendable constitution.  The people of the United States of America have come to believe they, as voters, are in control of a government called a democratic republic.  Well, the power of the human mind is such that anything is possible except the creation of more matter.  Written law must always be written to describe its own territorial limitations and the Organic Laws of the United States of America is no exception.  

In chronological order the Organic Laws of the United States of America are the Declaration of Independence of July 4, 1776, the Articles of Confederation of November 15, 1777, the Northwest Ordinance of July 13, 1787 and the Constitution of September 17, 1787.

The Declaration of Independence dissolved the political bands which had connected the United States of America with Great Britain, but left the English common law intact.

The Articles of Confederation formed the thirteen States into a perpetual Union, the Confederacy, known also, as the United States of America.

The Northwest Ordinance of July 13, 1787 provided a temporary government and initiated a law of the land for all the territory owned by the United States of America.  Specifically, in Article V, settlers and inhabitants of the lands subject to the exclusive jurisdiction of the United States of America were made subject to federal taxes to pay down the federal debt.

The Constitution of September 17, 1787 made the temporary government over the territory and other property belonging to the United States of America permanent in the form set out in that Constitution.

The claimed government powers of the Constitution of September 17, 1787 all preexisted that Constitution.  The legislative Powers granted in Article I Section 1 were those proprietary powers obtained from King George III and other owners of North American territory.  The executive power vested in a President of the United States of America in Article II Section 1 Clause 1 is placed in that Office when the first nine States ratify “this Constitution.”  That ratification is the exercise of the power of nine States under the authority of Article IX of the Articles of Confederation to form a Committee of States with an executive officer.  

The Constitution of September 17, 1787, according to Article VII, is established when nine States ratify it.  It can even be said those States adopt that Constitution, however, in order for the Constitution of September 17, 1787 to be more than a trigger for Article IX of the Articles of Confederation of November 15, 1777, it must be adopted by officers identified in Article VI Clause 3. 

Adoption of  “this Constitution” takes place, when “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation,  to support this Constitution.”  In the absence of the binding oaths of its Officers “this Constitution” is without support.”  The documentary history of this period is clear there are no Officers who swear or affirm “to support this Constitution.”  History, in fact, records oaths and affirmations taken and subscribed to the same “Constitution” George Washington swore to “preserve, protect and defend.”

Instead of taking and subscribing the very simple oath “to support this Constitution,” George Washington, who was elected President of the United States of America on February 4, 1789, takes the oral oath of Office of President of the United States on April 30, 1789.  Washington was, of course, aware the Office of President of the United States was an appointive office, which he had the power to appoint with the advice and consent of the new Senate.   There was another appointive office, the Article II Section 1 Clause 5 Office of President, which could not be filled by Presidential appointment until July 4, 1790, the date the ‘fourteen Years a Resident within the United States” requirement could be satisfied.

The legislative branch of any government must be limited to the one that existed at the time of the Northwest Ordinance of July 13, 1787, because a Congress of the United States consisting a Senate and House of Representatives could not be formed until newly elected Senators could meet the “nine Years a Citizen of the United States” requirement of Article I Section 3 Clause 3.

The State of  New Hampshire on June 21, 1788 became the ninth State to ratify “this Constitution” establishing that “Constitution between the States so ratifying the Same.”    That ratification was sufficient to invoke Article IX of Articles of Confederation of November 15, 1777, but only the passage of time to March 1, 1790, would allow the Senators to qualify for their Offices under “this Constitution.”  Instead of waiting a year and qualifying for their Offices under the Constitution of September 17, 1787, the Senate and House of Representatives met not as the Congress of the United States, but as the Senate and House of Representatives of the United States of America in Congress assembled, under the Articles of Confederation of November 15, 1777.

There is, therefore, no legislative or executive branch of government under the authority of the Constitution of September 17, 1787.  

     

Ed

  

 

The legal mind differs from the ordinary mind in that it can distinguish between unwritten and written  law and can keep the two separate. The ability to separate the two makes it possible to understand why there can be no true justice underwritten law.

How do you know if you have the kind of mind that can keep written law and unwritten law separate? If you can acknowledge that government has jurisdiction over the territory it owns, then you can concede government power where and when it is appropriate.

Dr. Eduardo M. Rivera     

Joe Biden readily admits the Office of Vice President of the United States is limited to one duty expressed in one sentence: “The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.” Article I Section 3 Clause 4 Constitution of September 17, 1787

Barack Hussein Obama President of the United States has twice as many duties as the Vice President of the United States.  Those two duties can be found in Article I Section 7 Clauses 2 and 3.  Every Bill passed by the Senate and House of Representatives shall be presented to the President of the United States for his approval or objection.  Likewise, “every Order, Resolution, or Vote to which the concurrence of the Senate and House of Representatives may be necessary shall be presented to the President of the United States” for his approval or disapproval.

The duties of the President and Vice President of the United States are legislative not executive.  The executive power is vested in the Office of President of the United States of America, a different Office.

The Offices of President of the United States and President of the United States of America are separate Offices, but they share an important constitutional quirk.  The Constitution of September 17, 1787 expresses no eligibility requirements for those two Offices.  The often mentioned requirements for the Office of President of the United States found in Article II Section 1 Clause 5 are for the Office of President, a different Office.

Today’s free constitutional law lesson is neither add nor takeaway words in the Constitution of September 17, 1787 or any of the other three Organic Laws of the United States of America.

Dr. Eduardo M. Rivera   

Ever since the Congress that didn’t take and subscribe the Article VI oath “to support this Constitution,” enacted the Judiciary Act of 1789 the judicial districts of the United States district courts have been composed of territory subject to the exclusive jurisdiction of the United States of America.  That Congress had no genuine government power derived from the Constitution of September 17, 1787, because no President or member of Congress has ever taken an oath that conformed to the requirements of Article VI of the Constitution of September 17, 1787.

That Constitution contains three oaths: an unspecified one for Senators sitting in an impeachment trial, the oral oath of office for the President of the United States and finally the following Article VI written oath or affirmation: “[T]he Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound to support this Constitution.”   The oath?  A simple “I swear or affirm to support this Constitution.”

There is no doubt that every President of the United States since George Washington has taken a oral oath of office for there is no written record of any subscribed oath of any President of the United States.  There is no constitutional requirement that the President of the United States of America be bound by any oath written or spoken.  The Articles of Confederation of November 15, 1777 make it inappropriate for delegates or Senators to take any kind of oath or affirmation in support of a document meant only to apply to free, sovereign and independent States.  

Dr. Eduardo M. Rivera

In the Preamble to “this Constitution,” it is “We the People of the United States” “who ordain and establish this Constitution for the United States of America,” and so begins a tangle of words and thoughts that belie the creation of a Constitution for a free people.  The “People of the United States” are the settlers and inhabitants of the Northwest Territory and similar States, who are without power to create anything for the Confederacy, the United States of America.

Actually, the Constitution for a free people was already created as the Articles of Confederation on November 15, 1777 and established March 1, 1781, when Maryland became the thirteenth State to ratify the Articles of Confederation of November 15, 1777.  Ratification by each State required each State to accord free inhabitants the same privileges and immunities to which citizens were entitled.  

We are told 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.”  Within the two Congresses, the Congress of the United States and the Congress of the United States of America, only one will have “All legislative Powers,” the Congress of the United States of America.  This lesson will show how any Congress is limited to making law for the territory and other property owned by or ceded to the United States of America.

If that is true, how is it possible for the Enacting Clause to read as follows: “The enacting clause of all Acts of Congress shall be in the following form: ‘Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled?’” if the Constitution of September 17, 1787 says “All legislative Powers” “shall be vested in a Congress of the United States,” how does legislative power get vested in the United States of America.  

“A Congress of the United States” means that only one of the two Congresses is to exercise legislative power and that Congress must be the “Congress of the United States,” as identified in Article I Section 1 of “this Constitution.”  Article I Section 1 of the Constitution of September 17, 1787, as shown above, describes “a Congress” as one which shall consist of “a Senate and House of Representatives.”  Neither the Senate nor the House of Representatives is created by the Constitution of September 17, 1787.

Both the Senate and House of Representatives are created by the authority of the Articles of Confederation of November 15, 1777.  When nine States of the original thirteen that constitute the Confederacy known as the United States of America, ratify “this Constitution,” Article IX of the Articles of Confederation create a Committee of States called the Senate.  Naturally, this Senate is of the United States of America.  The House of Representatives was created in the Northwest Ordinance of July 13, 1787, so it has always been of the United States of America.            

The true purpose of the Constitution of September 17, 1787 was to disguise the fact that the legislative power of the Congress of the United States was in reality the exercise of the proprietary power of the United States of America over what it owns.  Having served that purpose, when New Hampshire becomes the ninth State to ratify “this Constitution,” that Constitution ceases to function upon the failure of the Congresses and the Presidents to take and subscribe oaths “to support this Constitution.”

Ratification of the Constitution of September 17, 1787 is sufficient to create a Committee of States called the Senate and a President of the Confederacy called a President of the United States of America, but it is not enough to adopt that Constitution as a Constitution for a new government.

Dr. Eduardo M. Rivera    

Next Page →