With only a few exceptions, the English common law is the law in California.  However, as very few people are aware of that legal fact, statute law has been widely applied outside of the State of California, the territory owned by or subject to the exclusive legislative power of the United States of America.  To show how State of California statute law has been extended beyond the territory just described, I will explain the meaning of the requirement in the State of California Code of Civil Procedure Section 203 that a juror must be a “domiciliary of the State of California.”

Pursuant to the Organic Laws: 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 the United States of America has conferred concurrent jurisdiction over its territory in California.  Concurrent jurisdiction is acknowledged in Article 3 Section 1 of the Constitution of the State of California: “The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.”   Article 4 of the Northwest Ordinance makes the State of California forever part of the Confederacy:  “The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted.”

The Constitution of the United States provides for no less than three Citizens of the United States.  In Article I Section 2 Clause 2 provision is made for a Citizen of the United States within territory where the age of majority is attained at eighteen, the territory owned by or subject to the exclusive legislative power of the United States of America.  In Article I Section 3 Clause 3, a Citizen of the United States is without the United States, so the age of majority is age twenty-one years.  The third citizen of the United States is a Fourteenth Amendment citizen, who must be born or naturalized in the United States, the territory owned by or subject to the exclusive legislative power of the United States of America.

The State of California Constitution Article 3 Section 1 definition of the State of California and the State of California Code of Civil Procedure Section 203 requirement that a juror be at minimum a citizen of the United States and a domiciliary of the State of California makes it nearly impossible for any Californian to qualify as a juror.   In order for the State of California to be both an inseparable part of the United States of America and a place where a citizen of the United States might have a domicile, the State of California must be a habitable place.  To be an inseparable part of the Confederacy, the State of California must be the territory owned by or subject to the exclusive legislative power of the United States of America.   

The initial formation of the Confederacy under the Articles of Confederation of November 15, 1777 did not involve a transfer of any territory that constituted any part of the original territory of the thirteen States.  The Northwest Ordinance of July 13, 1787 Article 4 transfers of  territory to the Confederacy consisted of  the territory to remain under the ownership of  the United States of America and would remain subject to the exclusive legislative power of the United States of America.    

In order for a Californian to qualify as a juror that Californian would have to have a permanent place of abode within a national park or forest within California.

The State of California juror qualification law is not unique every State requires jurors to be domiciled in federal territory because that’s where written law is the law.   To learn the truth about law and government, enroll in my “Basic Course in Law and Government” at the introductory cost of $50.  For complete details contact me at edrivera@edrivera.com

Dr. Eduardo M. Rivera

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