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Our American Common Law

"We the People are the rightful master of both congress and the courts - not
to overthrow the Constitution, but to
overthrow the men who pervert the Constitution." Abraham
Lincoln

Portions of this publication are copyrighted by Delta
Spectrum Research. Permission is hereby granted to any individual or entity
to copy this booklet as long as it is presented in its entirety and no pages,
quotations, or text are omitted, and that this copyright notice appears in its
original form on all copies.

Copyright (C) 1992-2001 Delta
Spectrum Research

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many Americans as possible.

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Our American Common
Law

by Howard Fisher and Dale Pond

Common Law is a real thing. It is a real system of laws
derived from centuries of work, study and sacrifice of millions of people. It is
not trivial and inconsequential as some would have you think. It is the Common Law that
is most represented within Our Constitution, Declaration of
Independence and Our
Bill of Rights. These documents were designed to limit and eliminate the
vicious Equity, Maritime or Admiralty Law which was what we revolted against as
Our Revolution against the totalitarianism of England.

Did you know the Anglo-American system (Our system) of
jurisprudence is the only one which developed out of what is called the Common Law, that
is, the general law of private property known in the British Isles? It is true
- Common
Law was designed through the centuries to secure the rights of individuals
(you and me) to property and to make it difficult for property to be taken away
from us by a government or governmental structure (bureaucracy) without due
process of law. The Common Law was expounded over the years in hundreds of
thousands of case decisions as a result of trials in which the Common Law jury acted as the Judges, and in which they
exercised the authority to hear and decide questions of both Law and
fact. Common
Law deals with legal relationships, powers and liabilities, and types of
actions rather than theoretical definitions of abstract legal concepts. The Common Law was recognized by
Our Founding Fathers and is the basis of all law in America today.

The Common Law
recognizes the Power of Government lies in the common people and not in an elite
group of power brokers. It is the terrible Equity, Maritime or Admiralty Laws
(laws of contract) that steals this power from the people and centralizes it
into the hands of a few power oriented men. The Common Law deals
in real property whereas the Equity Laws deal in written abstractions of
performance (agreements or contracts). In other words, Masters own their own
property, work and destiny. We are all Masters when we truly own our own
property. Slaves do not own property, they usually rent property of another and
are compelled to perform upon or with that rented (tenured) property according
to some agreement or contract.

It is from such controversies involving property that all of our
Rights
have come. Property is known as Substance at the Common Law, and includes hard
Money in the form of
gold and silver coin as required by Our federal Constitution and every other State Constitution as they were all drafted to
be in perfect harmony one with another.

Controversies involving these matters carry with them a Law
jurisdiction, a jurisdiction in which all of our Rights
are found. The Judge in a Court of Common Law is an impartial
referee of the dispute, and he is bound to protect the Rights
of the parties to the dispute, or he will have lost whatever jurisdiction he may
have had, or claimed to have had. It is the Jury who decides whether or not the
Facts of the case are valid and they also decide the Law - does it apply? Is it
correct for this case?, etc. Only judges acting under equity law can decide
law...

You know you are in an Equity/Admiralty Court when an
American flag
is displayed that has a GOLD trim. The gold trim denotes military
jurisdiction and not Common Law or
Constitutional jurisdiction. Wherever this flag
is flown the Constitution is NOT. To see the
civilian flag click here. Order the book here.

Gold and silver Coin are the only Things recognized at Law (within
our Constitution) to be real and
lawful money. Money
is Substance in possession and not a Chose (thing) in action. When a debt is
paid, at Law, the debt is extinguished; debt no longer exists; the debt is paid.
Debt can only be paid with gold and silver Coin, or certificates redeemable on
demand, at par, in gold and silver Coins. This is the legal meaning of the
expression "tender in payment of debt", as found in Article I, Section 10
of the Constitution of the United States. Federal Reserve Notes are not money - they are bills/notes and/or
certificates of indebtedness as each and every one of them are owed back
to the Federal Reserve Bank who lent them to Us - plus interest.

Thomas Jefferson placed great emphasis on the concept of Rights.
He said we did not bring the English Common Law, as such, to this
continent; we brought the Rights of Man as
evidenced through and by the tried and true ancient system of Common Law.

The Common Law of the States of the United States is the
Common Law of England adopted by the original Constitution of the United States,
so far as not modified by any alterations made by the Constitution of the State
at the time of admission to the Union, and so far as not in direct conflict with
the Constitution of the United States of America.

And the Common
Law of the States may not be modified, limited nor abrogated either by an
act of the legislature (Congress or State Legislature) or by a ruling of some
judge or by any county board of commissioners or any other servant to the
people. Federal and state bureaucracies are constantly writing and presenting
code, rules or statutes in an attempt to circumvent the original Common Law foundation of Our
Constitution. A major part of the problem that we are in is a result of these
unlawful attempts by legislatures, judges and bureaucracies to modify or
abrogate Common Law and thus
Our Constitution.

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COMMON AND STATUTORY LAW

While, in England, this Law was derived from feudal tenures in
real property as held by a pyramid of proprietors (land owners) holding their
rights given them from the King (or Crown) on down the line. The American
Revolution destroyed any and all allegiance to the British Crown, including the
rights of property in land, and all feudal tenures and dues were overthrown. All
Rights
of property in land in the United States became ALLODIAL TITLES in Allodial
Freehold, existing under no lord or overlord whatsoever, including the
authority of the Colony or State. The ties that bound property use or
ownership to a higher or superior power were entirely and completed severed,
destroyed and made as though they never existed.

This is the reason why our founding fathers considered that they
had made every man a "King" on his own property. They got rid of the controls
from the King and castle keep owners (feudalism) within property ownership.

In England, William Pitt summarized the concept of private
property under Common Law,
as follows:

The poorest man may, in his cottage, bid defiance to all the
forces of the Crown. It may be frail; its roof may shake; the wind may blow
through it; the storms may enter; the rain may enter; but the King of England
cannot enter; all his forces dare not cross the threshold of the ruined
tenement. "

As a result of all of this, the Common Law of the States is
founded and grounded upon substantive titles in real property. No mere
legislative enactment by Congress or State Legislature nor judicial ruling by
Federal or State Courts can operate to deprive the People of their Rights
at Law. This includes their Rights
inherent in their Allodial Land Titles and to be Merchants and/or Traders at Law
on the cash basis, and their Rights
to access to Courts of Law and to a jurisdiction where their Rights
are protected.

In the same vein no county or city ordinance, code, rule, policy,
regulation or law can override these same absolute guarantees. The same applies
to corporate or private policies of business conduct which are often used to
override Common Law or
Constitutional guarantees. In other words, business or corporate policy cannot
supersede Constitution Rights even
though nearly every corporation in America ignores Our Constitution in pursuit of ever more
bogus Federal Reserve Notes.

As contrasted with the Common Law of England, the
system of law as practiced on the Continent of Europe (European Common Market)
is called Civil Law, or Roman Civil Law, which is derived from the Law of the
Ecclesiastical Chancellors. This is partly the ancient Law of Rhodes, the law of
merchant traders upon commercial documents. The Civil Law is prosecuted by the
Chancellor (the Kings agent); he is not an impartial referee of the dispute.

This Civil Law of Roman origin has never been part of the Laws of
England and has been declared not of the Laws of the Realm by the Parliament and
by many experts of England in jurisprudence, such as Coke, Blackstone and Sir
John Fortescue.

"The Common Law is absolutely distinguished from the Roman
or Civil Law systems. "
People v Ballard
155 NYS 2d
59

The Roman Civil Law has always been outside of Common Law, operating on
SUMMARY PROCESS, in gross violation of our RIGHTS TO DUE PROCESS.

As English society developed over the years, situations were met
in the Common Law for which
the Courts could provide no relief by any precedent. The controversies did not
involve property, or substance. The parties thus had no other recourse than to
go to the King. And when they did, he delegated his first minister to solve
these problems. The minister was called a Chancellor (the same title as used on
the Continent) and the relief granted was called Equity. This "Equity" meant
what would be fair if the Common
Law principle were extended and applied to the case at hand, as the
Chancellor, in his sole discretionary judgment, chose to do. This is the
so- called "law" we see being applied by "Judge" Wapner in the well known fake
TV court program. He alone decides the law and facts of each case.

There thus developed in England and America two distinct systems
of law and courts, each having a peculiar and particular application and
jurisdiction. Equity is a jurisdiction in which the individual does not have any
Rights,
and one to which the individual can be subjected only if he volunteers or gives
his informed consent. In the Common Law we have recognized inherent rights
whereas in the Equity Law we have no rights whatsoever except those which may be
bestowed upon us by the graces of the chancellor -(judge) wholly at
his sole discretion.

In Equity there are no jury trials. The powers of the Common Law jury to hear and
decide questions of both Law and Fact are exercised exclusively by the
Chancellor. However, there may be "advisory juries" to advise the Chancellor of
certain facts, but they are not permitted to hear any arguments regarding the
Law. (Does this sound familiar today?) The controversies are decided by the
Chancellor, who, besides being the Chief Prosecutor, (or Inquisitor, if you
will), can go to any source he chooses, even to his own "conscience", to prove
or justify his decision. In Equity, the parties do not have any Rights;
the Constitution is stated by the Chancellor to be "frivolous"; and any
so-called "rights" in his Court are actually "privileges" granted by the
Chancellor, which he can also take away. Today this all powerful person is not
called a Chancellor. She/He is called a Judge and she/he operates in all levels
of "courts" throughout Our Land.

During the past century, the Congress of the United States and the
Legislatures of the several States, as well as the Judges have presumed to
exercise the authority to "merge" the procedures of Law and Equity. This is
authority they do not have, yet this, too, is part of the problem we face today
all over Our Land.

When we realize that a Court of Common Law proceeds "according
to the course of the Common Law
", and that the parties have a Right to trial by a Common Law jury, where the jury
exercises the authority to hear and decide questions of both Law and
Fact, we can then know that if we are in a Court where the procedures
have been "merged" with Equity, then we can know that we are not
in a Court of Common Law !
Such a court does not recognize and refuses, to We The People, our Constitutional
Rights to self and property.

For instance, the Constitution of the State of Iowa, Article V,
Section 6, states, in part, as follows:

"The District Court shall be a court of law and equity,
which shall be distinct and separate jurisdictions, . . . ."

Obviously, the two court systems have not been lawfully merged,
and We The People do not have to accept the idea that they have been merged simply because a judge" or bureaucrat
says a code, rule, statute or regulation makes it so. Remember that these
lesser rules and regulations MUST be in harmony with the State and federal
Constitutions in order to be valid and lawful. Otherwise they are null and
void.

We must realize that the principles of Common Law and of Equity are
those as distinguished and defined in England, before the adoption of the Constitution of the United States of
America. Any modifications in definition or practice of either Law or Equity in
England since the adoption of the Constitution of the United States of
America have no significance, bearing or authority in the United States, since
we are no longer under the jurisdiction of either Parliament or the Judges of
England. Yet there are those in this country who claim that Equity jurisdiction
(otherwise known as Chancery jurisdiction) in this country is the same in nature
and extent as Equity jurisdiction in England!

Where the Constitution
of the United States of America, or the Constitution of the State of Iowa, or of
any State, mentions "law", it means "Common Law"; it does not mean
any other "kind" of law! ! In addition to the above mentioned jurisdictions of
Law (meaning Common Law )
and Equity, which are the only Judicial jurisdictions authorized either
by the Constitution of the United States of America, or by the Constitution of
the State of Iowa, or of any State, as drafted in conformance thereto, and being
second thereto, there is also a private, political jurisdiction
which is operative only on those who volunteer into its private domain,
outside of the Constitution. It is known as Law Merchant (lex mercatoria)
the private rule of the bankers and merchants.

It is this system of legal snares that has all of We The
People by the throat...."

The following booklet "Our American Common Law" is reproduced as
near the original as possible, in that the words in bold or italics or
underline are so in the original. The booklet contains the following
sections:

Introduction

Our
American Common Law

They Stole Our
Gold (Money)!

Merchant
Law

Our
Individual Common Law Rights

The Story of the
Buck Act

For More
Information

What Can
You Do

Quotes from
Back Cover of Booklet

History and review of the American Constitution Law (Common
Law) A review of true Citizenship and explanations why America faces
crisis after crisis. Common Law is about PROPERTY and RIGHTS. Written
with common sense, down-to-earth suggestions for changes as a Nation and
many things you can do on a personal level. Explains what is Common Law,
Equity Law, Admiralty or Merchant Law and what these mean to you and
your country.

$11.95

Buy with secure PayPal

Click to Order

Law Merchant is neither Law nor Equity, but is only raw,
private, political power, alien and illegal to our Constitution whatsoever, and operates
outside of the Constitution .

The Law Merchant is an independent, parallel system of law, like
Equity or Admiralty. The Law Merchant is not even a modification of the Common
Law; it occupies a field over which the Common Law does not and never did
extend. Common Law deals with the Money of Substance
belonging to the People (Gold and Silver Coins); while the Law Merchant deals
with the law of Bills, Notes and Checks, (in other words, with negotiable
instruments and commercial paper). The Law Merchant is closely allied to the
Equity system of agreements and contracts which it uses extensively because the
Constitutions of Our States recognizes Equity law. Equity Law is the back door
used by Law Merchants (bankers, etc.) to gain access to what used to be Allodial
Title or absolute ownership previously enjoyed by all Americans.

Our Declaration of
Independence charges that America had been progressively subjected to "a
jurisdiction foreign to our Constitution" (meaning the unwritten English
Constitution), This foreign jurisdiction was a jurisdiction of lawless ad
hoc equity derived out of the Roman Civil Law under the stark
cover of such obscenities as the Writs of Assistance (which our Courts of today
also claim to have the authority to issue) which allowed summary plundering
of the colonists wealth and substance TO THE ADVANTAGE OF the East India
Company which controlled the Parliament. (As today, it allows the summary
plundering of the American citizens wealth and substance TO THE ADVANTAGE OF the
banks and other financial (lending, insurance, etc.) institutions which control
the Congress and State legislatures). It has been recognized and stated for over
one hundred years that "we have the best Congress that money can buy" ! !

These Writs, even as only one wrong perpetrated by the commercial
interests in the Parliament, were given authority by an Equitable jurisdiction
called a debt action in assumpsit. This action, which gave satisfaction
pursuant to the customs of the Law Merchant, (having been voluntarily entered
into), had been an old debt action triable in a Court of Common Law (merely as a
courtesy of the Common Law Courts, and not inherently a part of Common Law) (and
triable by a Common Law Jury, as a protection to the Defendant), until lord
Mansfield, Chief Justice of the Kings Bench, in 1760, arbitrarily and on his own
authority, denied trial by jury in debt actions in assumpsit AND REMOVED
THAT ACTION FROM THE Courts of Common Law into the Courts of Equity, where a
trial by jury could not be had, and where there was merely a summary proceeding
with no semblance of a "due process of Law". In other words, a merchant can,
with a flick of his Pen, deprive anyone of their property without due process of
Law (Common Law). Sound familiar?

This case is known as:

Moses y MacFerian
2 Burroughs 1005

and is the case that sparked the American Revolution and caused
Thomas Jefferson to say that English law since that date (1760) should not ever
be used over here as Equity/Merchant laws had become an instrument through which
merchants could, from then on, assume power over anyone elses property solely at
their discretion and whim.

It was this Equitable debt action in assumpsit which the
Seventh Amendment of the Constitution
of the United States was specifically meant to outlaw, by specifically providing
that

"In suits at Common Law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved..."

The significance of this is pointed up by the fact that any
controversy involving Money (Gold and Silver
Coins) in an amount greater than twenty dollars, or any property such as real
estate can only be tried in a Court of Common Law with the right of trial by
jury who decides Law as well as the Facts of the case!

Power of the Sheriff -
This means that any Mortgage Foreclosure action can be tried only in a
Court of Common Law, and that the State Legislature has no Constitutional
authority to provide, by statute (statutes are not real Law but are in
reality color of Law only and therefore are only binding on a voluntary or
mutually agreed upon basis), that mortgage foreclosure actions shall be
Equity actions! This means that Sheriffs Sales as a result of these Equitable
Mortgage Foreclosure actions are null and void! ! And that the Sheriffs
have participated in criminal confiscation of real property in violation of the
Constitution and of their oaths of office! !

So, it can be seen that summary and arbitrary confiscation of
income and property is nothing new in American tradition and history out
of an illicit (meaning unlawful and unconstitutional) Equitable
jurisdiction. It is precisely this Equitable jurisdiction wherein the
Chancellor enforces the combination of unconstitutional Executive and
Legislative Equity which is the jurisdiction foreign to our Constitution referred to in the
Declaration of Independence. This is precisely what our American Revolution was
all about and what our Bill of Rights was designed to prevent.

It is also a measure of the extent that the Bankers (both foreign
and domestic) and other merchants, and their stooges, the lawyers and Judges, as
well as the politicians of both major political parties, have betrayed the
Public Trust and have attempted to place us in a Dictatorship of Unelected
Rulers (being the "judges" and bureaucrats) ! !

Thus it can be seen that there is a direct similarity of our
political/legal situation today with what it was in the years immediately
preceding the Revolution of 1776. Only today we have a written Constitution that spells out our Rights
and our freedoms, giving us precedents, whereas two hundred years ago they did
not.

The Common Law Jury members (acting as judges of the Law) were
sworn to "Do equal law, and execution of Right, to all the Kings subjects, rich
and poor, without having regard to any person" and that they will deny no man
Common Right; but they were NOT sworn to obey or execute any statute of the
King, or of the King and Parliament. Indeed, they are virtually sworn NOT to
obey or execute any statutes that are against "Common Right", or contrary
to the Common Law, or "Law of the Land"; but to certify the King thereof "...
that is, to notify the King that his statutes are against the Common Law;....
and then proceed to execute the Common Law, notwithstanding such legislation to
the contrary. The words of the oath on this point are these:

"That we deny no man Common Rights by (virtue of) the Kings
letters, nor none other mans, nor for none other cause; and in case any letters
come to you contrary to the Law, (that is, the Common Law) that ye do nothing by
such letters, but certify the King thereof, and proceed the execute the Law
(that is, the Common Law), notwithstanding the same letters"

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In Federalist Papers #48, Alexander Hamilton wrote in part, "No
legislative act contrary to the Constitution can be valid." "The Constitution is, in fact, and must be
regarded by judges as a fundamental law."

The Sheriff is also a servant of the People, elected and paid by
and for Them; upon taking office he takes an oath to uphold the Constitution (the Peoples Law) and keep
the peace. (Wyoming
sheriffs are standing tall!)

In American Jurisprudence, on Sheriffs, Police and
Constables, we find the following:

Origin of office: The office of sheriff is an
ancient one, dating back to at least the time of Alfred, King of England, and
the holder thereof has always been the chief executive officer and conservator
of the peace in his shire or county. He is a county officer representing the
executive or administrative power of the state within his county. In this
country, the office is generally an elective one, and anciently in England,
sheriffs were elected by freeholders of the county, although gradually, it
became the custom for the Crown to appoint the Sheriff."

Abraham Lincoln stated the following on February 12, 1865:

"The people are the rightful masters of both Congress and
the Courts. Not to overthrow the Constitution, but to overthrow the men who
pervert the Constitution."

The general misconception is that any statute passed by
legislators bearing the appearance of law constitutes the law of the land. The
U. S. Constitution is the supreme Law of the Land, and any statute to be valid,
must be in agreement. It is impossible for both the Constitution and a statute violating it
to be valid. In such a dispute, one must prevail, and that is the Constitution .

In Volume 16, American Jurisprudence, 177, we find the
following:

"The general rule is that an unconstitutional statute, though
having the form and name of law, is in reality no law, but is wholly void, and
ineffective for any purpose; since unconstitutionality dates from the time of
its enactment, and not merely from the date of the decision so branding it. An
unconstitutional law, in legal contemplation, is as inoperative as if it had
never been passed. Such a statute leaves the question that it purports to settle
just as it would be had the statute not been enacted.

"Since an unconstitutional law is void, the general principles
follow that it imposes no duties, confers no rights, creates no office, bestows
no power or authority on anyone, affords no protection, and justifies no acts
performed under it. . . .

A void act cannot be legally consistent with a valid one. An
unconstitutional law cannot operate to supersede any existing valid law. Indeed,
insofar as a statute runs counter to the fundamental law of the land, it is
superseded thereby.

No one is bound to obey an unconstitutional law and no
courts are bound to enforce it. "

The Constitution
guarantees the right of a freeholder to protect his property from Criminal
Trespass.

Civil law or equity law is the law of the
ruler;

Common Law is the law of the
people.

It is the sworn duty of the Sheriff to obey and uphold the Constitution and to protect the property
and Rights of the freeborn, Sovereign American individuals of the
County.

County Sheriffs must be advised of the instances where unlawful
acts of officials or agencies of government are committed. It is the duty of the
Sheriff to protect the local citizens from such unlawful acts, even when they
are committed "under color of law".

There is no lawful authority for Judges and the Courts to direct
the law enforcement activities of a County Sheriff. The Sheriff is accountable
and responsible only to the citizens who are inhabitants of his County.
He is under Oath of Office, and need not receive unlawful Orders from Judges or
the Courts. He is responsible to protect citizens, even from unlawful acts of
officials of government. He should not allow his office to be used as an
unlawful "lackey" of the Courts or Federal agents or agencies.

We Are Our Government

Since the formation of our Republic, the local County (or Parish)
has always been the seat of government for the body politic (the People). A
County (or Parish) government is the highest authority of government in our
Republic as it is closest to the body politic (the People) who are, in fact, THE
GOVERNMENT.

The Common Law of the States is founded and grounded upon
substantive titles in real property, and no mere legislative enactment by
Congress, State legislature or County Commissioners. Neither can judicial ruling
by Federal, State or County Courts operate to deprive the People of their
Rights at Law, including the Rights inherent in their Allodial
Land Title Rights.

The Constitution of the
United States of America, Article III, Section 2, authorizes Courts of Law and
Courts of Equity; Judicial Equity is authorized; but nowhere does the
Constitution of the United States of America authorize a single bit of either
Federal Executive branch of government Equity jurisdiction, or Federal
Legislative branch of government Equity jurisdiction. In other words, the
promulgation and enforcement of Presidential/Congressional/Judicial edicts,
dictates, rules, regulations or policies whether directly or through any Federal
agent or agency such as the FBI, CIA, EPA, OSHA, IRS, etc. or with the aid and
assistance of State or local lackeys is unauthorized.

For instance, the Constitution of the State of Iowa, as drafted in
conformance to the Constitution of
the United States of America, and being second thereto, Article V, Section 6,
authorizes Courts of Law and Courts of Equity; Judicial Equity is authorized;
but nowhere does the Constitution of the State of Iowa authorize a single bit of
either State Executive branch of government Equity jurisdiction or State
Legislative branch of government Equity jurisdiction.

We have many more Common Law
materials

available through our online
catalog.

More Common Law materials.

The Federal Bill of Rights was drawn and adopted to guarantee an
estoppel (or bar) to the abhorrent Federal Executive and Legislative Equity
jurisdiction, and therefore, the State Bill of Rights is also a guaranteed
estoppel against any actual or de facto abhorrent State Executive and
Legislative Equity jurisdiction; this is an abhorrent and oppressive Equity,
because it purports to be able to administer, adjust and deny said Common
Law Rights without first pursuing the appropriate remedy at Common
Law and thus denying due process. Equity administration is in fact theft of Our
Rights
and a vicious dictatorship by those who exercise it.

In other words, Federal, Stale and County governments, both
Executive branch and Legislative branch, must be at Law working within
the Common Law), and may not impose any form of Equity jurisdiction upon the
People, by compulsion, fraud or otherwise, without their knowledge and informed
consent; otherwise any such enactments become and are nullities and do not exist
at Law, because the Rights
of freeborn, Sovereign American individuals would be violated if they were to be
forced to obey them.

If any agency of the Federal, State or County government,
including the court, would act as if it were Principal, and Freeman, against its
true Principal, the People, this would be an inversion of the legal principle of
Sovereignty of the People. By so acting, any agency of the government, including
the court, would be a pretender to the power, and as a pretender, its
acts would be a nullity and would not exist, at Law; that is to say, that it
would be null and void, and of no force and effect, at Law. That, in fact, it
would not be government at all, but would be a private, criminal operation,
imposing a rule of force, fraudulently pretending to be government,
since, in this country, the only legitimate function of government is to protect
the Rights
and freedoms of the People. Such acts are not unlike the privately owned and
operated Mafia who demands our money (taxes, fees, etc.) in
exchange for them not committing violence against us or our property. Sound
familiar?

Each freeborn, Sovereign American individual has the authority
and the Right to deny and to disavow all Equity jurisdiction, and to
refuse to acquiesce to the jurisdiction of Courts of Equity, or to Equity
jurisdiction of any Executive or Legislative branch of government agency or
agent, State or Federal or County.

Tell them you have had
enough.
Pink Slip Your State Legislature
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secure PayPal.

The Constitution of the
United States of America, Article IV, Section 4, guarantees a Republican Form of
government to every State.

The definition of a "Republic" is as follows:

"Republic: A state in which the sovereign power resides in
a certain body of the people (the electorate), and is exercised by
representatives elected by, and responsible to, them; "

Websters Collegiate Dictionary, Fifth Edition .

The Courts of Iowa are nullities, and do not exist, either at Law
or in Equity, because unelected State Judges have no jurisdiction at Law or in
Equity, over any one or any thing, being in direct violation of each freeborn,
Sovereign American individuals Right to a Republican Form of Government;
which in this case is his Right to have an Elected Judge. This also
includes the Right to Separation of Powers, because the Governor, as
Chief Executive of the State, has no Judicial Power to delegate to an appointee.
The Governor is of the Executive branch and has (lawfully) no say or
jurisdiction within or over the Judicial branch.

The Governor of this or any other State is not a Chancellor
(appointed by a King or dictator), nor are any officials appointed under him
authorized to exercise any Judicial powers. There can be no delegated power in
Chancery law to be executed under the alien, outlawed and illegal Roman Civil Law, unless agreed
to by the freeborn, Sovereign American individual.

That evil and alien jurisdiction, the de facto Equity
jurisdiction of the Roman Civil
Law, allows judges to enforce the unlawful summonses of IRS agents, Highway Patrol
Officers, city policemen, building inspectors, OSHA agents, FDA agents, and the
agents of all other equally unlawful regulatory bodies of so-called government,
who attempt to impose a jurisdiction in which the Rights
of freeborn, Sovereign American individuals are unrecognized and violated.

That evil and vicious Roman Civil Law allows the
judges to have We The People arrested, jailed, and property taken away from us,
or our property to be criminally trespassed upon and destroyed; all without a
Common Law Trial by Jury, or just compensation, or due process of law. These
violent acts by unelected dictators are committed often over simple idiocies
such as "willful failure to file" a paper or failure to properly fill out a form
or unknowingly not following some obscure and stupid procedure, rule or
regulation.

Under the Common Law (Our Constitution), no bureaucrat can dictate
what happens to Our liberty or Our property. The only entity that can
determine punishment (pass sentence) upon a freeborn, Sovereign American
individual is a lawfully constituted Common Law Jury.

Aiding and abetting the IRS (foreign agents to the
States) and similar agencies in enforcing their unlawful summonses, fraudulent
liens and assessments constitute an enforcement of the alien and evil Roman Civil Law and is in fact
fascist totalitarianism.

Compelling a freeborn, Sovereign American individual to do
anything, except upon the verdict of a Common Law Jury, constitutes an
enforcement of the alien and evil Roman Civil Law and is in fact
fascist totalitarianism.

Thomas Jefferson has been credited with the warning how the
judicial branch of government would usurp the authority of the Executive and
Legislative branches of government and turn the country into a judicial
dictatorship.

He was right - it has happened.

They Stole Our Gold (Money)!

"All of the confusions and distress in America arise, not
from defects in their Constitution, not from want of honor or virtue, so much as
from the downright ignorance of the nature of coin, credit [paper money] and
circulation."
John Adams (1781)

So began admonishments to us from 200 years ago by one who knew
what awaited his countrymen (us). What has happened to Our money is criminal. In
fact, it is beyond criminal and nearly beyond credibility. Just after World War
II America had nearly one billion ounces of gold coin in circulation and untold
millions of ounces of silver coins. These metals in circulation represented real
undiluted debt-free capital. It was ours and we owed no one anything for it.
This $400,000,000,000 pool of liquid capital belonged to private American
citizens and represented the wealth of our great nation. What happened to all
this wealth?

Before most of us were born money was a real thing. It was gold
and silver coin as specified by Our Constitution, the founding law of Our
country:

ARTICLE 1, SECTION 8

"The Congress shall have the power ... to coin Money, regulate
the value thereof"

ARTICLE 1, SECTION 10

"No State shall ... coin Money; emit Bills of Credit (paper
money); make any Thing but gold and silver Coin a Tender in Payment of
Debts."

In other words no federal or state government was permitted, by
law, to mint or issue anything other than gold and silver coins as lawful money.
Neither are they permitted to accept or pay debts with anything other than gold
and silver coin. What? Where did all this paper come from and what is it if it
isnt Money? Listen up - this gets real interesting...

Well guess what happened? If you are lucky enough to have any
money in your pocket take it out and examine it. On the front (near the
portrait) of the bill you will find the words: "This note is legal tender for
all debts, public and private". Across the lop of the bill you will read the
words: "Federal Reserve Note". Nowhere on this bill are the words: gold, silver
or money. This is because this bill is not money as defined by Our Constitution (see above). It is not
money at all. It says what it is - it is a note issued by a
private, tax-exempt, for profit bank - the Federal Reserve Bank(s). Which are
all owned privately by people living outside of America.

A note is: a paper acknowledging a debt or promising to pay (also
called note of hand); also a certificate, as of a government or a bank, passing
current as money. The portion "passing current as money" means passing from one
person to another and generally accepted as money. This implies that it is not
money but is only accepted as money. It is the Constitution that defines
what real money is: it is gold and silver coin. The bill in your pocket is in
actuality an instrument of debt - it is owed to somebody - The Federal Reserve
Banks and their foreign owners.

"Money is not only a medium of exchange, but it is a
standard of value. Nothing can be such standard which has not intrinsic value,
or which is subject to frequent changes in value."
Justice Fields
(1883)

Now so much for definitions. What does paper or metal money have
to do with anything? Are you working harder now and enjoying it less? Are you
really better off now then when you began working so many years ago? Are your
children making it better or worse than you did when you started out? Why does
it take two people working very hard to not make ends meet worse now than when
one was working in the 50s and 60s? The answer to this question lies in the
money. Our money has become nearly worthless. Remember back in the late 60s a
new Volkswagen bug cost less than $2,000. Today that same car (with a different
body) cost about $7,000. These are the same dollars you have in your pocket. A
soda pop cost a nickel back then and now how much is the very same item? Herein
lies the evilness of paper money. The Federal Reserve Banks (and their stooges)
can print as much of it as they want whenever they want. This flooding the
market (your pocket) with more and more cash is called fractional reserve
banking when coupled with the local banks privilege of signing money into
existence whenever they want more to lend some to you.

It is a fantasy that Our government prints (issues)
money.

It really works like this: The US Congress desires to spend (that
s how they stay in office) more money to buy our votes. There is a problem here
as there is no money because the Congress of 1913 gave their own Constitutional
right to coin real money away to a bunch of foreign bankers - the Federal
Reserve Banks. The Congress must request the Federal Reserve to issue and then
lend them (Us) some Federal Reserve notes. The privately owned, tax exempt
Federal Reserve Bank lends these notes to the U.S. Government (you and me and
our children and neighbors). The tax-exempt Fed only pays the U.S. Treasury
about 3 cents per bill for these (regardless of denomination) as printing cost.
But when we get these funny pieces of paper we have to pay the full face
value back with our blood sweat and tears PLUS ANY INTEREST the thieves
think is appropriate for them. Guess what didnt happen in this transaction? The
thieving Fed never printed the interest! So we can maybe pay back 100% of what
we borrowed but there are no more Fed notes to pay the interest! Every time Our
government employees borrows more from the private Fed we get further and
further into debt - a debt that can never be paid!

"The burden of debt is as destructive to Freedom as
subjugation by conquest."
Benjamin Franklin

In the beginning we paid this bogus and illegal debt with real
money - gold - until it was all gone on March 9, 1933 when Roosevelt
literally, willfully and without due process of law took the gold away from the
American citizen (Us) and gave it to the bunch of thieves at the Fed in exchange
for paper. Paper which could only do one thing - put us further into
irretrievable debt. Why put America into deeper and deeper debt? Reread
Franklins quote in the previous paragraph. The idiotic process continued until
1968 when they took the balance of our silver to pay for even more of these
worthless notes.

"If Americans ever allow banks to control the issue of their
currency, first by inflation and then by deflation, the banks will deprive the
people of all property until their children will wake up
homeless."
Thomas Jefferson

On June 5, 1933, as a result of a prearranged banking crisis, the
Congress of the United States passed House Joint Resolution No. 192, suspending
the Gold Standard (they did not abolish it), which means they disestablished the
fixed content of the Gold Dollar and took away the Law jurisdiction of the U. S.
Standard Dollar Lawful Money. In effect, the entire country, every State and
every freeborn, Sovereign American individual, became insolvent and was
effectively put into bankruptcy, making it impossible for each State and each
individual to either pay their debts, at Law, or to be paid, at
Law. This was, in actuality, a criminal act of usurpation of the sovereignty of
We The People, by Congress.

Merchant Law

Instead of being able to demand payment at Law, or to make payment
in Standard Gold Dollars as Lawful money, or the equivalent Treasury currency,
redeemable on demand, at Par, We The People were forced on to the credit of the
private banks, the Federal Reserve Banks and the commercial banks, and began to
pass around their debt instruments, as though it were real money, making use of
their debt-claims for the money, and thereby, by the operation of House Joint
Resolution No, 192, into an alien and unlawful Federal Executive Equity
Jurisdiction, known as lex mercatoria, or the Law Merchant, which is the
private rule of the bankers, and from which jurisdiction our forefathers
fought, and won, a revolution to be free, and from which jurisdiction our
Constitution and Bill of Rights protects Us.

When you can pay your debts in Standard Gold Dollars, you
operate on a cash basis in a Federal Common Law jurisdiction based on Article I,
Section 10, clause 1, of the Constitution of the United States of America
regarding tender in payment of debts. This is the General Federal Common
Law jurisdiction deriving from the Union, which the Bill of Rights was designed
to protect, particularly the Seventh Amendment which guarantees the Right
of Trial by Common Law Jury in suits at Common Law where the value in
controversy shall exceed twenty dollars. But, when you pass around evidences
of debt as if it were the money itself, you are passing around the
debt-claims for the money, and you no longer have a jurisdiction at Law, where
the individual has access to his Rights, but you are in an entirely different
court, or jurisdiction. You are in an Equity jurisdiction, one in which the
individual does not have any Rights. And this is the practical effect which
Congress intended to bring about by passing House Joint Resolution No. 192. Even
one hundred years ago it was stated that "we have the best Congress that money
can buy".

"Paper Money is Theft!"
George
Washington

By the operation of House Joint Resolution No. 192, individuals,
and States, have been compelled to "perform services", in order, not to pay (no
one could "pay" anymore because there was no real money with which to "pay"),
but to "discharge obligations" to pay.

What is called "fractional reserve banking", with irredeemable
paper, creates multiple demands upon a common substance. That is, banks can
issue or create "money" simply by making a ledger entry. These newly created
dollars (ledger entries) are "backed" by the same few dollars already held on
deposit. In fact a bank, can "create" 20 dollars for every one on deposit, lend
them to you, collect the principle and interest and then simply write the money
back into nonexistence. In other words, you are forced at the point of the
Sheriffs gun to pay for something that was created out of thin air - plus
interest. With multiple demands, no one can ever satisfy all his claims
and no one can ever "pay" at Law in substance, that is, with Standard Gold
Dollars, but instead, can only "perform services" as evidence of his willingness
to "discharge the obligation to pay". Payment, as such, is thus forever
postponed; one only promises the payment.

Overnight, the entire country was placed in an entirely new regime
of Equity, which never "pays" a thing but only compels services forever to
the private banks, and the debts to private bankers constantly increases,
the interest obligations, known as "debt service", constantly compounds
and the performance of services in order to "discharge the obligation to pay"
this interest are never- ending, being a greater and greater burden upon
ourselves and our children, and our childrens children.

In other words, a feudalistic real property law, in the
guise of Equitable discharge of obligations to tender in Equity and not "pay" at
Law, was instituted in violation of our Allodial Property Rights, and
compels Sovereign American individuals into a feudalistic peonage, or
involuntary servitude to the private banks (Federal Reserve Banks,
National Banks, State Banks), in violation of the 13th Amendment to the Constitution of the United States of
America. Because of the jurisdiction of the Law Merchant, we are not under
Common Law, we do not have access to our Right to a Common Law Jury, and
as a result our property can be, and every day is, taken without due
process of Law. If we do not "perform the services" our property is taken
from us by Equity courts imposing the Law Merchant.

Compelled performance is in fact
slavery.

The Sheriff, in unknowing and unthinking acceptance of this
situation, has become the "bag man" for a bunch of private criminals, and
thereby is committing crimes himself, and is therefore a criminal. It is a
crime to violate Constitutional Rights and his oath of office to support and
defend the Constitution of the United States of America and the Constitution of
his own State, it being drafted in conformance thereto, and being secondary
thereto.

The Banks, including the Federal Reserve Banks and the National
Banks, are incorporated by the State and operate under Banking Statutes (you
will notice I do not use the word Laws), These statutes allow, or at least do
not prohibit, the creation of "demand deposits" or "checkbook money", which is
not really money, but is actually credit, or debt, created on the spot out of
thin air on two levels. One by the Federal Reserve Banks (they write checks on
themselves, thereby creating Federal Reserve Credit "out of thin air", in order
to "purchase investments", such as U. S. Government Securities. These then
become part of the National Debt, and provide the banking system with new
Reserves). On the strength of these newly purchased Securities, they are able to
obtain from the Treasury, newly printed Federal Reserve Notes, to cover the new
checks when they are cashed. They only have to tender about three cents for each
new Federal Reserve Note regardless of denomination. They are practically
given the new paper Notes and they still hold the Bonds, which are part
of the National Debt, and collect interest on them. The second level is by the
local commercial bank which creates bank credit, denominated "demand deposits",
every time they make a loan. The Federal Reserve Bank (is a private
Anglo-German-American owned corporation. It is for-profit, and is tax-exempt!)
creates public credit (National Debt), while the commercial banks create private
credit (private debt) when they make a loan.

The Federal Reserve
Note, at least the one issued in accordance with Title 12, United States
Code, Section 411, which requires that they "shall be obligations of the United
States and shall be redeemable on demand . . .", has a double jurisdiction. It
is what you may call a legal tender for an equitable interest. That means it
passes at Law as money, being a legal tender, but the only interest it passes
along is a mere demand or promise. Hence, though it is "legal" or at Law, it
never pays the gold because of House Joint Resolution No. 192, which illegally
and criminally prohibited payment of the U. S. Standard Dollar Lawful Money, at
par, and thus at Law.

It should be noted that Congress did not (could not) take away
our Rights to use bank notes at Law, or demand deposits at Law; they just took
away our money.

We have a Right, to take a twenty dollar bill, which means
a bill for twenty dollars, into a bank and demand a twenty dollar gold piece.
Congress did not take that Right away; since we have unalienable
Rights which cannot be taken from us or be forced to give them up;
Congress just took away the gold. This was and is a criminal usurpation of the
Sovereignty of We The People on the part of Congress; and the State of Iowa, and
each other State, by allowing it to happen at that time, and by continuing to
allow it to happen to this date, has become party to this crime against We The
People.

Instead of going into bankruptcy, everyone, including the States,
was provided with the opportunity to use the new Federal Reserve Notes, called
(incorrectly) "lawful money" grounded in perpetual debt of the "eligible paper"
which formed the assets of the Federal Reserve and the National Banks, These are
also known as "units of monetized debt". Everyone thus became the
creditor/debtor of everyone else, since no one has paid or been
paid for anything since that infamous day of June 5, 1933 when Roosevelt
willfully and knowingly stole Our gold and gave it to a bunch of foreign
bankers. (Lawfully, debts can only be paid with money - money as defined by
the Law of the Land - The Constitution - being gold and silver coin. Anything
else is not lawful money and cannot therefore lawfully "pay a debt".) Thus,
overnight, We The People became liable for specific performance on the basis of
a debt action of assumpsit under the private Law Merchant,
operating outside of the Constitution
and imposing an Equitable jurisdiction. A jurisdiction in which no one has any
rights, where one can be compelled summarily to deliver his property without
trial by Common Law jury. And the debts to the private bankers keep mounting
ever higher.

A freeborn, Sovereign American individual cannot be forced into
perpetual debtorship and involuntary servitude, that is, feudalistic performance
on behalf of, and for the benefit of, any person, real or juristic, against his
Thirteenth Article of Amendments to the Constitution of the United States of
America. Nor can He be compelled, by Law, to accept, or to give informed consent
to accept, an Equitable jurisdiction foreign to his Bill of Rights.

Article III, Section 2 of the Constitution of The United States of
America, states in part:

"The Judicial Power shall extend .. . . . to all Cases of
Admiralty and Maritime jurisdiction; ... . ."

At the very beginning of government under the Constitution , Congress conferred on the
federal district courts exclusive cognizance "of all civil causes of admiralty
and maritime jurisdiction, . . . . . . ; saving to suitors, in all cases, the
right of a Common Law remedy, where the Common Law is competent to give it;. .
." (1 STAT 77, Section 9 (1789))

As this jurisdiction is held to be exclusive, the power of
legislation on the same subject must necessarily be in the national legislature
and not in the state legislatures.

Congress enacted the Limited Liability Act on March 3, 1851. It is
codified at Title 46, United States Code, Sections 181-189, as amended in 1875,
1877, 1935, 1936 and the Act of 1884. It intended to cover the entire subject of
limitations, and to invest the U. S. District Courts with exclusive original
cognizance of all cases of admiralty and maritime jurisdiction, exclusive of the
States. This means that the States do not have any jurisdiction in admiralty and
maritime matters, at all.

Admiralty and maritime jurisdiction comprises two types of cases:
(1) those involving acts committed on the high seas or other navigable waters,
and (2) those involving contracts and transactions connected with shipping
employed on the seas or navigable waters. In other words, the second type of
case must have a direct connection with maritime commerce.

Suits in admiralty traditionally took the form of a proceeding
in rem against the vessel, and, with exceptions to be noted, such
proceedings in rem are confined exclusively to federal admiralty courts,
because the grant of exclusive jurisdiction to the federal courts by the
Judiciary Act of 1789 has been interpreted as referring to the traditional
admiralty action, the in rem action, which was unknown to the Common
Law.

State courts are forbidden by the Constitution to have Admiralty
jurisdiction. While State courts are permitted to handle and try
Admiralty cases if the suitor desires, it must be an Admiralty matter to
begin with and it must involve property, otherwise there would not be a
Common Law remedy. In other words, the Common Law courts would not be competent
to handle it. More than this, it would need to be tried in a Common Law court,
following Common Law procedures (not Equity procedures) with a Trial by a Common
Law jury.

Therefore, any attempt by a State court to impose a judgment in
rem is in violation of the Constitution and is null and void. When
a sheriff attempts to enforce a judgment in rem he is attempting to
impose the alien and unlawful Roman Civil Law, in violation of his oath of
office, and he is thereby committing a criminal act.

The Sovereign American people are beginning to catch on to and
realize the nature of the Dictatorship of Unelected Rulers that has been set up
in this country, and They are no longer quietly accepting such vile
treatments.

As the issues become clarified, each public official will need to
make a decision: shall he be on the side of the Constitution and protect the
Rights and freedoms of We The People (of which he is one), as required by
his oath of office; or shall he be a party to the criminal usurpation of the
Sovereignty of We The People?

The Sheriff is a key person in all of this: he can
either be a tool of the evil forces who have set this up and provide the
oppressive force that binds the innocent victims to the chains of slavery, all
in the name of "doing his duty", or he can be the instrument of liberation for
We The People by preventing the imposition of the unconstitutional Equitable
jurisdiction (the Roman Civil Law) upon Us, the victims and Our property and
protecting Our Rights and freedoms.

Our Individual

Common Law Rights

by Howard Fisher & Dale Pond

Another Constitutional issue that each of us needs to understand
is the issue of Individual Common Law Rights of We the People of the United
States of America. This directly concerns the limits of authority of all
branches of government over each of us as individuals: the Authority of the
Executive, Legislative and Judicial Branches of Government.

As stated in the Declaration of Independence, we are endowed by
our Creator with certain Unalienable Rights, that among these are Life,
Liberty and the Pursuit of Happiness.

Thomas Jefferson placed great emphasis on the concept of Rights.
He said we did not bring the English Common Law, as such, to this continent; we
brought the Rights of Man. The reason why he said that is that it is from
the Common Law controversies, all of which involved property, that all of our
Rights have come to be recognized in the Law.

In a legal sense, Property is a bundle of Rights, a bundle of
Powers, wherein one claimant to these Rights possesses these Rights to the
exclusion of all other claimants to These Rights, as these Rights pertain to The
possession, occupancy and use of a specific piece of property.

So, at Common Law, Rights is the name of the game.

The Bill of Rights was added to the Constitution of the United States of
America because the Founding Fathers believed these Amendments should be added
to avoid misconstruction of the provisions of the Constitution of the United
States of America by Judges and to avoid an abuse of powers by Judges of The
sort that had already, at that time, taken place in England and from which abuse
of powers we had just fought, and won, a revolution to be free. (See the
Preamble to the Bill of Rights. The original Constitution has it, and in some
sources which print the Constitution, this Preamble is included.) This abuse had
been committed by Judges who were not tied down by any written Constitution in
England, and who had started to whittle away at the Common Law Rights in England
and the Colonies, by their decisions, with the cooperation of the statutes
passed by the Parliament and enforced by the Crown. This is precisely the
combination of Executive and Legislative Equity (otherwise known as Roman Civil
Law) which our Bill of Rights prevents and protects us from.

As example, the Constitution of the Iowa has its Bill of Rights,
comprising Article I. The first two sections deserve special emphasis :

Section 1. All men are, by nature, free and equal, and have
certain inalienable rights -- among which are those of enjoying and defending
life and liberty, acquiring, possessing and protecting property, and pursuing
and obtaining safety and happiness.

Section 2. All political power is inherent in the people.
Government is instituted for the protection, security, and benefit of the
people, and They have the right, at all times, to alter or reform the same,
whenever the public good may require it.

So the Constitution of the State of Iowa for example expressly
includes the Right of acquiring, possessing and protecting Property, although it
is high on the Priority List of Common Law Rights. This is an example of a
Constitution securing Rights which come from the Common Law.

Back in 1921 someone wrote:

It is not the Right of property which is protected, but the
Right to property. Property, as such, has no rights; but the individual -- the
man -- has three great Rights, equally sacred from interference: the Right to
his LIFE; the Right to his LIBERTY; the Right to his PROPERTY. ...

The three Rights are so bound together as to be essentially one
Right, To give a man his life but deny him his liberty, is to take from him all
that makes life worth living. To give him his liberty but take from him the
property which is the fruit and badge of his liberty, is to still leave him a
slave.

Thomas Jefferson said:

"Our rulers can have no authority over [our] natural rights,
only as we have submitted to them. The rights of conscience we never submitted.
We are answerable for them to our God. The legitimate powers of government
extend to such acts only as are injurious to others."

This points up the significance of the requirement of the
procedures of the Common Law that there be an injured party, that the injured
party make a sworn complaint as to the injury that has been done to him by the
alleged Defendant. That unless this is done, the Court does not have
jurisdiction over the Defendant.

We have been told. from childhood, that we have unalienable
Rights, and we do! Unalienable means that they cannot be taken from us, and that
we cannot be forced to give them up. There are those who point out that,
strictly speaking, we cannot even give them up voluntarily. However, if we
submit to those who would rule over us, it is true that our Rights were not
taken from us -- as Thomas Jefferson said, -- we have submitted to their rule.
We have allowed ourselves to become their slaves. There is one important fact
concerning slavery, of any sort, the institution of slavery depends upon the
cooperation of the slaves! Without the cooperation of the slaves, there can be
no slavery.

In Common Law Courts our Rights are protected. The Rules and
Procedures of the Common Law Courts were established to protect our Property
Rights -- to make it difficult for Property to be taken from someone without
Due Process of Law. The Right to require That an injured party swear under
oath as to damage or injury that he claims that you caused to him; the Right to
a Corpus Delicti : The body of the offense: " the essence of the
crime." : Under the Common Law, the Courts do not have an automatic
jurisdiction. The Common Law Rules and Procedures specify certain steps, or
procedures, which must be done, and certain things which must not be
done -- all as a protection to the Rights of the Accused. And, as we have
pointed out previously, Rights are inherent in Property, and Property is
inherent in Rights. We have the Right to have our controversy, once the Common
Law Court has acquired jurisdiction, tried before a Common Law Jury of our
Peers, wherein the Jury has the authority to hear and decide questions of
both Law and Fact. There is no monkey business of pretending that
arguments involving the Law must be held outside of the hearing of the Jury and
that their supposed only function is to hear and decide questions of Fact
presented in evidence and that the Judge will tell them what the Law is !

As evidence that the Founding Fathers operated under the Common
Law, in addition to the wording of the Constitution of the United States of
America, the following was included in the instructions to the Jury in the first
case ever tried before the United States Supreme Court, as a court of
original jurisdiction, which means that a Trial by Jury was held in front of the
Supreme Court, with Chief
Justice John Jay presiding:

"It is presumed, that juries are the best judges of facts;
it is, on the other hand, presumably, that the courts are the best judges of
law. But still both objects are within your power of decision. You have a right
to take upon yourselves to judge both, and to determine the law as well as the
fact in controversy. "
STATE OF GEORGIA vs. BRAILSFORD . 3
Dall I (1794 )

Our Property Rights are inseparable from our individual Rights and
our individual Rights are inseparable from our Property Rights. Both types of
Rights are protected in the Procedures and Due Process of the Courts of Common
Law.

The Bill of Rights in both Constitutions have to do with matters
that the Governments, both of the United States and of the State, have to do
with matters that the government, and its agents and agencies, have no authority
over at all to enact statutes, or to issue rules and regulations, binding
on the individual, dealing with such Rights as are included in the Bill of
Rights. It should be emphasized that the Ninth Amendment includes all of
the Common Law Rights which are not listed, or enumerated, anywhere else. In
other words, the Bill of Rights are prohibitions against government at
any level over the individual.

The Constitution
authorizes Courts of Law and Courts of Equity. When the Constitution says Law, it means Common
Law, because thats what the Founding Fathers meant when they said Law. In Courts
of Law your Rights are protected by the Constitution and the Rules and
Procedures of the Common Law, known as Due Process of Law; and the Bill of
Rights was adopted to avoid misconstruction and abuse of powers, by the
Judges; but in Courts of Equity, by the nature of Equity jurisdiction, you
dont have any Constitutional Rights.

Within the existing Equity Courts the only rights you might
acquire for yourself are the terrible so-called Civil Rights or the rights under
the Uniform Commercial Code. These are much lesser rights than those of the Constitution because these latter are
Natural God given rights whereas the former are granted privileges from an
artificial government of bureaucrats.

You know you are in an Equity/Admiralty Court when an
American flag
is displayed that has a GOLD trim. The gold trim denotes military
jurisdiction and not Common Law or Constitutional
jurisdiction. Wherever this flag
is flown the Constitution is NOT. To see the
civilian flag click here.

THE STORY OF THE BUCK ACT

Richard McDonald

edited by
Mitch Modeleski

In order for you to understand the full import of what is
happening, I must explain certain laws to you.

When passing new statutes, the Federal government always does
everything according to the principles of law. In order for the Federal
Government to tax a Citizen of one of the several states, they had to create
some sort of contractual nexus. This contractual nexus is the "Social Security
Number".

In 1935, the federal government instituted Social Security. The
Social Security Board then created 10 Social Security "Districts". The
combination of these "Districts" resulted in a "Federal area" which covered all
the several states like a clear plastic overlay.

In 1939, the federal government instituted the "Public Salary Tax
Act of 1939". This Act is a municipal law of the District of Columbia for taxing
all federal and state government employees and those who live and work in any
"Federal area".

Now, the government knows it cannot tax those state Citizens who
live and work outside the territorial jurisdiction of Article I, Section 8,
Clause 17 (1:8:17) or Article 4, Section 3, Clause 2 (4:3:2) in the U.S. Constitution . So, in 1940, Congress
passed the "Buck Act", 4 U.S.C.S. Sections 105-113. In Section 110(e), this Act
authorized any department of the federal government to create a "Federal area"
for imposition of the "Public Salary Tax Act of 1939". This tax is imposed at 4
U.S.C.S. Sec. 111. The rest of the taxing law is found in the Internal Revenue
Code. The Social Security Board had already created a "Federal area"
overlay.

4 U.S.C.S. Sec. 110(d). The term "State" includes any Territory
or possession of the United States.

4 U.S.C.S. Sec. 110(e). The term "Federal area" means any lands
or premises held or acquired by or for the use of the United States or any
department, establishment, or agency of the United States; and any Federal area,
or any part thereof which is located within the exterior boundaries of any
State, shall be deemed to be a Federal area located within such State.

There is no reasonable doubt that the federal "State" is imposing
an excise tax under the provisions of 4 U.S.C.S. Section 105, which states in
pertinent part:

Sec. 105. State, and so forth, taxation affecting Federal
areas; sales or use tax

(a) No person shall be relieved from liability for payment of,
collection of, or accounting for any sales or use tax levied by any State, or by
any duly constituted taxing authority therein, having jurisdiction to levy such
tax, on the ground that the sale or use, with respect to which such tax is
levied, occurred in whole or in part within a Federal area; and such State or
taxing authority shall have full jurisdiction and power to levy and collect any
such tax in any Federal area within such State to the same extent and with the
same effect as though such area was not a Federal area.

Irrespective of what the tax is called, if its purpose is to
produce revenue, it is an income tax or a receipts tax under the Buck Act [4
U.S.C.A, Secs, 105-110]. Humble Oil & Refining Co. v. Calvert, 464 SW 2d.
170 (1971), affd (Tex) 478 SW 2d. 926, cert. den. 409 U.S. 967, 34 L.Ed. 2d.
234, 93S. Ct. 293.

Thus, the obvious question arises: What is a "Federal area"? A
"Federal area" is any area designated by any agency, department, or
establishment of the federal Government. This includes the Social Security areas
designated by the Social Security Administration, any public housing area that
has federal funding, a home that has a federal bank loan, a road that has
federal funding, and almost everything that the federal government touches
through any type of aid. Springfield v. Kenny, 104 N.E, 2d 65 (1951 App.). This
"Federal area" attaches to anyone who has a Social Security Number or any
personal contact with the federal or state governments. Through this mechanism,
the federal government usurped the Sovereignty of the People, as well as the
Sovereignty of the several states, by creating "Federal areas" within the
boundaries of the states under the authority of Article 4, Section 3, Clause 2
(4:3:2) in the federal Constitution, which states:

2. The Congress shall have Power to dispose of and make all
needful Rules and Regulations respecting the Territory or other Property
belonging to the United States, and nothing in this Constitution shall be so
construed as to prejudice any claims of the United States, or of any particular
State.

Therefore, all U.S. citizens [i.e, citizens of the District of
Columbia] residing in one of the states of the Union, are classified as
property, as franchisees of the federal government, and as an "individual
entity". See Wheeling Steel Corp, v. Fox, 298 U.S. 193, 80 L.Ed. 1143, 56 S. Ct,
773. Under the "Buck Act", 4 U.S.C.S. Secs. 105-113, the federal government has
created a "Federal area" within the boundaries of all the several states. This
area is similar to any territory that the federal government acquires through
purchase, conquest or treaty, thereby imposing federal territorial law upon all
people in this "Federal area". Federal territorial law is evidenced by the
Executive Branchs yellow-fringed U.S. flag
flying in schools, offices and all courtrooms. To see the
civilian flag click here.

You must live on land in one of the states in the Union of several
states, not in any "Federal State" or "Federal area", nor can you be involved in
any activity that would make you subject to "federal laws". You cannot have a
valid Social Security Number, a "resident" drivers license, a motor vehicle
registered in your name, a "federal" bank account, a Federal Register Account
Number relating to Individual persons [SSN], (see Executive Order Number 9397,
November 1943), or any other known "contract implied in fact" that would place
you within any "Federal area" and thus within the territorial jurisdiction of
the municipal laws of Congress, Remember, all acts of Congress are territorial
in nature and only apply within the territorial jurisdiction of Congress. (See
American Banana Co, v. United Fruit Co., 213 U.S. 347, 356-357 (1909); U.S. v.
Spelar, 338 U.S. 217, 222, 94 L.Ed. 3, 70 S, Ct. 10(1949); New York Central R.R.
Co, v. Chisholm, 268 U.S. 29, 31-32, 69 L.Ed, 828, 45 S. Ct. 402 (1925).)

There has been created a fictional Federal "State within a state".
See Howard v. Sinking Fund of Louisville, 344 U.S. 624, 73 S. Ct. 465, 476, 97
L.Ed, 617 (1953); Schwartz v. OHara TP. School Dist., 100 A. 2d, 621, 625, 375
Pa. 440, (Compare also 31 C.F.R. Parts 51.2 and 52.2, which also identify a
fictional State within a state.) This fictional "State" is identified by the use
of two-letter abbreviations like "CA", "AZ" and "TX", as distinguished from the
authorized abbreviations like "Calif.", "Ariz." and "Tex.", etc. This fictional
State also uses ZIP codes which are within the municipal, exclusive legislative
jurisdiction of Congress.

This entire scheme was accomplished by passage of the "Buck Act",
4 U.S.C.S. Secs. 105-113, to implement the application of the "Public Salary Tax
Act of 1939" to workers within the private sector. This subjects all private
sector workers who have a Social Security number to all state and federal laws
"within this State", a "fictional Federal area" overlaying the land in
California and in all other states in the Union. In California, this is
established by California Form 590, Revenue and Taxation. All you have to do is
to state that you live in California. This establishes that you do not live in a
"Federal area" and that you are exempt from the Public Salary Tax Act of 1939
and also from the California Income Tax for residents who live "in this
State".

The following definition is used throughout the several states in
the application of their municipal laws which require some sort of contract for
proper application. This definition is also included in all the codes of
California, Nevada, Arizona, Utah and New York:

"In this State" or "in the State" means within the exterior
limits of the State ... and includes all territories within such limits owned or
ceded to the United States of America.

This definition concurs with the "Buck Act" supra which
states:

110(d) The term "State" includes any Territory or possession of
the United States.

110(e) The term "Federal area" means any lands or remises held
or acquired by or for the use of the United States or any department,
establishment, or agency of the United States; and any Federal area, or any part
thereof which is located within the exterior boundaries of any State, shall be
deemed to be a Federal area located within such State.

So, do some research. I have given you all the proper directions
in which to look for the jurisdictional nexus that places you within the purview
of the federal government.

What can you do?

Wake up! Get active!!!!
Do something!!! Do a
little research! We can all do something - no matter how seemingly
insignificant.

We can: pass along pamphlets like this one. We can attend weekly
meetings assembled for no other purpose than to figure out what to do. We can
attend city and county council meetings and see that our servants dont steal the
store. We can participate in local and state elections. The federal elections
are reported to be totally rigged. We can have a positive influence on local and
state affairs, PTAs and school boards. It takes little more than writing a
letter, sending a FAX or making a phone call to your various servants. They
listen when enough of us take the time to get their attention.

"Hey! Buddy! You work for We The People! not the Japanese, the
bankers or Europeans. You will take care of our business and do it
right!"

If your local
servants refuse to obey the Constitution and your neighbors get someone who
will to run for their office, Then get out there and make sure they get elected.
This is the only way We The People can take back our government from the special
interest groups.

This is happening all over the country. Counties have been taken
back in Indiana, Alabama, New Mexico, Nevada and California. Why not yours? It
is a simple thing to do.

Do it!
Millions of Americans are beginning to find out who they really are and who the
government really is.

We are the government.

"In the Common Law we have recognized
inherent rights whereas in the Equity Law we have no rights whatsoever excepting
those which may be bestowed upon us by the graces of the Chancellor (Judge) -
wholly at his sole discretion."

"Compelling a freeborn, Sovereign American individual to do
anything, except upon the verdict of a Common Law Jury, constitutes an
enforcement of the alien and evil Roman Civil (Equity) Law and is in fact
fascist totalitarianism. "

"There is no lawful authority for Judges and the Courts to
direct the law enforcement activities of a County Sheriff. The Sheriff is
accountable and responsible only to the citizens who are inhabitants of his
County, He is under Oath of Office, and need not receive unlawful Orders
from Judges or the Courts. He is responsible to protect citizens, even from
unlawful acts of officials of government. He should not allow his office to
be used as an unlawful "lackey" of the Courts or Federal agents or
agencies."

"The Sheriff, in unknowing and unthinking acceptance of [the imposition
of Equity or Merchant Law], has become the "bag man" for a bunch of private
criminals [bankers], and thereby is committing crimes himself, and is
therefore a criminal. It is a crime to violate Constitutional Rights and
his oath of office to support and defend the Constitution of the United
States of America and the Constitution of his own State, it being drafted in
conformance thereto, and being secondary thereto. "

References - More Reading Materials on
Zoning & Property (Rights)

More Common Law materials.

In court? Need assistance? Jurisdictionary

Modernization of Zoning - A Means to Reform

http://www.cato.org/pubs/regulation/reg19n2f.html

Property and Freedom - a book review

http://www.cato.org/pubs/regulation/regv22n2/bookreviews.pdf

Property and Freedom, by Richard Pipes; Hardcover,
317pp., ISBN: 0375404988; Publisher: Knopf Alfred A; April 1999

Alliance for America

Citizens
for Constitutional Property Rights

Defenders of Property Rights

Environmental Conservation Organization

Forest Service Theft of Property

National Association of Reversionary Property
Owners

Law Research & Registry

Pennsylvania Landowners Association

Property
Rights

Siskiyou County Farm Bureau

Take Back Arkansas

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