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Both State and federal jurisdiction is established by an allegation that a crime occurred within the district.  In the State, the DA, the district attorney prosecutes cases in the name of the People of the State of ___________.   In the United States, the United States Attorney, who is required to be a resident within the district, represents the government and the United States of America.  

State and federal jurisdiction is presented as an issue of geography.  Was the crime committed on the territory constituting the district?  Both the State and the United States of America want the people to believe that the district is the entire county, however, in reality the district is the same for the United States of America Attorney and the local district attorney.

There are only two kinds of territory: territory subject to the exclusive jurisdiction of the United States of America and territory where jurisdiction is not exclusive for the federal government, the United States of America.   Who could have guessed that the United States Attorney and the District Attorney share the same territory and it isn’t the entire county.   The local DA is bound to accept the definition of county in Title 1 Section 2. 

Chapter 5 of Title 28, which is positive law, demonstrates how the territorial composition of a judicial district is to be found:  “Sections 81 – 131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945.”

As Title 28 of the United States Code is but one Title of the 50 that make up all federal law, let us assume for the purpose of brevity that “Sections 81-131 show the territorial composition of districts and divisions by counties as of January 1, 1945,” to be the territory subject to the exclusive jurisdiction of the United States of America.  Exclusive jurisdiction would limit judicial power to the United States of America.

Can the sentence: “Sections 81 – 131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945,” be interpreted to include territory not subject to the exclusive jurisdiction of the United States of America?

The inclusion of Section 88 District of Columbia within the range “Sections 81- 131 of this chapter” makes the “territorial composition of districts and divisions” necessarily subject to the exclusive jurisdiction of the United States of America.  Consideration of the two sections that represent Alaska and Hawaii and the section that represents Puerto Rico confirms territorial composition of the districts and divisions to be limited to the territory over which the United States of America has exclusive jurisdiction.         

The United States of America has exclusive jurisdiction over Washington, D.C. the seat of government, so the territorial composition of United States district court in the District of Columbia must be the entirety of Washington County.  The rest of the Chapter 5 United States district courts would have districts whose territorial composition would be limited to the territory within the counties of the district subject to the exclusive jurisdiction of the United States of America.  The DA and the United States Attorney have jurisdiction over the same territory, but it isn’t the entire county.  The truth about territorial jurisdiction can be only be found in my course, Basic Course in Law and Government.   To enroll contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera    

 

 

 

 

 

The States of Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, Utah and the district, Washington, D.C. recognize the validity of their own common law marriages and other common law marriages, if those marriages were entered into, in one of the States, which recognize them.  This means 41 of the 50 State governments do not recognize marriages between a man and a woman, just because those heterosexual couples refuse to pay a tax or fee to the State to exercise that most important human right.

If you want to learn how the States and federal government turned the Confederacy, under the Articles of Confederation of November 15, 1777, into a for profit business, you must enroll in my Basic Course in Law and Government by contacting me at edrivera@edrivera.com        

Dr. Eduardo M. Rivera

The Defense of Marriage Act, 1USC7: “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word “marriage” means only a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife.”

Common law marriage is a Union between a man and a woman in which the man holds himself publicly to be the husband and the woman holds herself publicly to be the wife.  The community in which they live accepts them as the couple present themselves.  Although the community may accept common law marriages the federal government does not because the common law couple has married without a marriage license purchased from the State.

The same community which has recently come to accept gay and lesbian couples as a Union similar to heterosexual married couples has felt no need to recognize the even more legitimate relationship of the man and woman in a common law marriage.   President of the United States of America Barack Hussein Obama has declared the Defense of Marriage Act unconstitutional, so does that change the common law Union of marriage in anyway?  The answer is a resounding no.  The Defense of Marriage Act applies only to a “legal union,” which means the Act only applies to marriages entered into by written license purchased from a State.

Congress can and must define a marriage, in the terms of the English common law, because the power it uses to make laws is derived from the proprietary power it has over the territory owned by or subject to the exclusive jurisdiction of the United States of America.  The proprietary power does not extend to human relationships, so all Congress can do is inject the qualification that the unwritten common law marriage must be “legal,” which means the State must be a third party via the license to marry.

Dr. Eduardo M. Rivera

 

 

  

The President of the United States of America Barack Hussein Obama has directed the Justice Department to stop defending Title 1 USC 7, the Defense of Marriage Act:

“In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word “marriage” means only a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife.”

Title 1 USC 7 is positive law, meaning that the Defense of Marriage Act is evidence of the federal law in every court of the United States.  President of the United States William Jefferson Clinton signed the Defense of Marriage Act into law, but it is the President of the United States of America who is charged with the execution of the Laws, until the Constitution of September 17, 1787 is Adopted and the Office of President is filled.

Barack Hussein Obama, as President of the United States, could not within the authority of that Office declare an act of Congress unconstitutional.   The power of the Office of President of the United States is limited by Article I Section 7 to approving or objecting to Bills enacted by both houses of the Congress of the United States.   The 1996 Defense of Marriage Act bars federal recognition of State sanctioned same-sex marriages.

United States Attorney General Eric H. Holder Jr. has sent a letter to Congress informing them that the Justice Department will now take the position in court that the Defense of Marriage Act should be struck down as a violation of gay couples’ rights to equal protection under the law.

“The President and I have concluded that classifications based on sexual orientation warrant heightened scrutiny and that, as applied to same-sex couples legally married under state law,“ the Defense of Marriage Act is unconstitutional, Mr. Holder wrote.

Attorney General Holder was appointed by President of the United States of America Barack Hussein Obama in his capacity as the only President vested with executive power.  Article II of the Constitution of September 17, 1787 does not grant executive power as Article I grants all legislative power.  Article II merely vests the executive power of the Articles of Confederation of November 15, 1777 in a President of the United States of America. 

So-called constitutional law experts will certainly claim that the President of the United States has overstepped his authority, but Barack Hussein Obama will certainly prevail, as this action must be limited to the territory either owned by or subject to the exclusive jurisdiction of the United States of America.

Although the gay marriage issue has been hotly debated everywhere, Congress clearly has the legislative authority to define marriage in the United States, the territory owned by or subject to the exclusive jurisdiction of the United States of America.  No matter where you stand on the issue of gay marriage President of the United States of America Barack Hussein Obama’s action to declare the Defense of Marriage Act unconstitutional is extremely important to you.

If you enroll in the Basic Course in Law and Government, you will learn how to read the four Organic Laws that precede the United States Code and you will learn how to read the statute law enacted for the benefit of the people of the United States.  To enroll, contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera       

 

   

Generally, any problem with government and one of its agents or agencies can be  resolved with the knowledge that an agent or agents (agency) requires a principal and in American government that can only be the Confederacy, the United States of America. 

As the Confederacy is a group of free and independent States, the executive officer of the United States of America is the President of the United States of America not the President of the United States. 

Every so-called government agency leaves a paper trail that limits its power to the territory owned by or subject to the exclusive jurisdiction of the United States of America.

The President of the United States of America has a bit of sovereignty the President of the United States will never have.  No other law school teaches the distinctions between the Presidents of the Constitution of September 17, 1787.  To become a Student, contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera     

The first nine States to ratify “this Constitution,” according Article VII would “be sufficient for the Establishment of this Constitution between the States so ratifying the Same,” thus, transforming the Constitution of September 17, 1787 into the Constitution of the United States.

The first person to fill the Article I Section 7 Office of the President of the United States took this oral oath on April 30, 1789: “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.”  That George Washington was not the first President.

Before George Washington swore an oral oath to be President of the United States, he took no oath at all to be President of the United States of America.  George Washington was elected President of the United States of America by the Presidential Electors on February 4, 1789.  The vote for Washington was certified on April 6, 1789 by the President of the Senate.

Certification of the vote for President of the United States of America required the election of the First Congress, which met on March 4, 1789.      

The last of the major Presidents was the one who would fill the Article II Section 1 Clause 5 Office of President after July 4, 1790, when the fourteen Years a resident of the United States could be met.  This last Office of President would never be filled.

To get the complete story on the American Presidents, you will have to become a Student in my Basic Course in Law and Government. You can enroll by contacting me at edrivera@edrivera.com

Dr. Eduardo M. Rivera    

 

Sovereignty is the power to do everything in a State without having to account to another for the laws made and executed, the taxes imposed or treaties made.  In America before the Declaration of Independence of July 4, 1776, King George III was the sovereign.   The only sovereignty in America that survived the Declaration of Independence was the power of the American people to defend themselves against invasion by other nations.  The power of self-defense was delegated to the United States of America, when Maryland became the thirteenth State to ratify the Articles of Confederation of November 15, 1777.     

By Article II of the Articles of Confederation, “Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.”

If the States that join the perpetual Union retain their sovereignty, where does the Confederacy, the United States of America get its sovereignty?

The United States of America has sovereignty over the Northwest Territory and similar territory and property belonging to the United States of America.  To find who exercises this sovereignty for the benefit of the United States of America, enroll in my Basic Course in Law and Government by contacting me at edrivera@edrivera.com

Dr. Eduardo M. Rivera     

 “This Constitution,” the one that was ratified by nine States to establish it “between the States so ratifying the Same,” became the Constitution of the United States and has stayed that way even though all thirteen original States eventually ratified “this Constitution.”

The “Land” is, of course, the territory owned by, or over which jurisdiction has been ceded to the United States of America.

The details of the transformation of the Constitution of September 17, 1787 into the Constitution of the United States is known only by me and my Students.  Join us in putting this information to practical use, contact me at edrivera@edrivera.com to learn what it takes to be one of my Students.

Dr. Eduardo M. Rivera

We begin the study of law by finding there is no relationship between unwritten law and written law other than that they share the word “law.”

The relationship between the Organic Laws of the United States of America and the United States Code is that the Organic Law is the source authority for the written laws of the United States, the territory belonging to the United States of America.

The Law Student must be trained and conditioned to find as many relationships within a legal issue as              is needed to resolve it.  My instruction on the written law is the only one available in any form and can be procured from me by contacting me at edrivera@edrivera.com  

My Basic Course in Law and Government is structured to provide the Law Student with opportunities to resolve complex issues with the knowledge acquired of the relationships between the components of the issue.  For example, justice cannot be a proper component of any written law system.

Students who have taken the Basic Course must continue to apply the fundamentals in that course to the legal issues, which regularly prevent their enjoyment of total and complete freedom.  Those who wish to become Students should examine the relationships discussed in these Posts, so they can be recognized and understood in all circumstances.  For example, the recognition of multiple Presidents requires a reconsideration of the very existence of a government with power to make law for all Americans.

Dr. Eduardo M. Rivera

Why did the States of the first Union, the perpetual Union of the United States of America, the Confederacy, ratify “this Constitution,” the Constitution of September 17, 1787 and not insist that “this Constitution” be “Adopted”?  Article IV Section 4 provides the answer.  The power to make local laws for the thirteen colonies was derived from the government power of King George III, so once those States declared their independence on July 4, 1776 the power to make local laws was, also, lost.  Ratifying “this Constitution,” meant that the States of the first Union would keep what they lost in the Declaration of Independence of July 4, 1776.

The United States in Article IV Section 4 were the first nine States of the Confederacy of the United States of America, which would ratify the Constitution of September 17, 1787 to make it the Constitution of the United States.

The Constitution of September 17, 1787 is a marvelous work of deception and magic, but to truly learn all its tricks, you will have to be taught by a real artist in law.  My Basic Course in Law and Government will teach you how to see the venerable old document for what it really is.  To start on your learning adventure contact me at edrivera@edrivera.com  

Dr. Eduardo M. Rivera      

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