Filed Under Adoption, Articles of Confederation, CONGRESS, CONSTITUTION, Declaration of Independence, LEARNING THE LAW, LIBERTARIAN, Martial Law, Northwest Ordinance, Oath of Office, ORGANIC LAWS, PRESIDENTS, Property Taxes, PROPRIETARY POWER
The power used in a taking of private property for public use is called eminent domain. The concept is historically derived from both the war power and the law of necessity, which empowered the king to take whatever property was necessary to protect the people from invasion or other serious harm.
Eminent domain is found in the Bill of Rights, specifically in the last clause of the Fifth Amendment of the Bill of Rights. The Constitution of September 17, 1787 was established on June 21, 1788, when New Hampshire became the ninth State to ratify “this Constitution.” George Washington took an oral oath on April 30, 1789 to “preserve, protect and defend the Constitution of the United States,” which was not a written constitution, as a consequence “this Constitution,” the Constitution of September 17, 1787 ratified by the States of the first Union was never adopted by any constitutional officers, who remained employees of the Confederacy.
The true purpose of the Constitution of September 17, 1787 and Bill of Rights was to have a large number of people believe their rights depended on that Constitution and those first ten amendments. Both the Constitution of September 17, 1787 and the Bill of Rights brilliantly convinced vast numbers of people that constitutional rights were real and had value.
The people of the United States, the people of the territory owned by or subject to the exclusive legislative power of the United States of America immortalized in the Preamble as “We the People of the United States,” supposedly bound themselves and their descendents to the Constitution of September 17, 1787 by some kind of incantation to “ordain and establish this Constitution for the United States of America.” These people left no evidence of an ordination or establishment of any Constitution.
Individual submission to the Constitution of September 17, 1787 is the only personal activity which submits a person not on federal territory to the commercial authority of the Constitution. Ratification of the Constitution of September 17, 1787 and the Bill of Rights by the States was binding only on those States. The State elections which resulted from those ratifications did not produce all the qualified officers needed to form the government described in Article I Section 1 of the Constitution of September 17, 1787. The institution of a Congress consisting of the Northwest Ordinance’s House of Representatives and a Senate, whose members were not qualified pursuant to Article I Section 3 Clause 3 of the Constitution of September 17, 1787, resulted instead in the political body identified in Section 101 of Title 1 of the United States Code as “the Senate and House of Representatives of the United States of America in Congress assembled.”
Eminent domain pursuant to the war power and law of necessity remains in the United States in Congress assembled under the Articles of Confederation of November 15, 1777. Eminent domain pursuant to the Fifth Amendment or any State Constitution which recognizes the Constitution of the United States as the supreme law of the land is limited to the territory owned by or subject to the exclusive legislative power of the United States of America.
Members of Congress claim the Articles of Confederation were replaced by the Constitution of the United States, so that means an eminent domain taking can only take place in the territory owned by or subject to the exclusive legislative power of the United States of America, which means only personal property could be taken, because the United States of America already owns all the territory in the United States.
The Constitution of September 17, 1787 even when ratified by all thirteen States of the Confederacy, the United States of America, had only one direct application to people—taxation. The power of taxation like the power of eminent domain, in a time before a proliferation of corporations, would be arrayed against people. The temporary government of the Northwest Ordinance of July 13, 1787 meant temporary taxation. Article I Section 8 of the Constitution extended taxation by two years indefinitely. What the Constitution did for temporary taxation the Bill of Rights did for eminent domain. The Bill of Rights did more for government than the Bill of Rights did for ordinary people.
The power of eminent domain is part of the power to make war and the law of necessity, which is why it is not specifically mentioned in either the Articles of Confederation of November 15, 1777 or the Constitution of September 17, 1787. The origin of the power of eminent domain provides for limitations on the power, however, because it is found in the Bill of Rights the Supreme Court thinks any taking is good and for a public purpose provided there is some compensation.
You can limit eminent domain to the taking of personal property on the territory owned by or subject to the exclusive legislative power of the United States of America by learning the four Organic Laws and how together they establish territorial limits on federal laws, which begin and end with government ownership and possession. I will send you searchable copies of all four Organic Laws plus information on my Basic Course in Law and Government , if you will contact me at firstname.lastname@example.org
Dr. Eduardo M. Rivera