General Brief- Where does the written law of all ‘State’ Legislative Bodies have force of law.
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a.-The Written Law of the Land-
The written Organic Laws are the root foundation of all written law in America and limits all written law to the territory owned by and ceded to the United States of America. All 4 Organic Laws, The Declaration of Independence of July 4,1776, the Articles of Confederation of November 15, 1777, the Northwest Ordinance of July 13, 1787 and the Constitution of September 17, 1787 are cited in Vol. 1 of both the United States Code (pgs. 43 to 71) and the Statutes at Large (pgs. 1-22) with the Northwest Ordinance of July 13, 1787 enacted as 1 Stat. 50 (pgs. 50-53) which and are recognized as enacted positive law.
All States of the United States of America are like-kind to the State of California.
The State of California Constitution is the organic law and source of all written law for the State of California. Art. 3 Sec. 1 defines and recognizes that the State of California is subordinate to and subject to the laws of the United States Constitution as the supreme law of the land.
Quote- “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.” Art 3 Sec. 1 State of California Constitution.
b. –First District-
The first district was carved out of the former British landholdings, the territory of the United States Northwest of the river Ohio, acquired by the Confederacy as a prize of war with the signing of the Treaty of Paris on September 9, 1783 and established under the Northwest Ordinance of July 13, 1787. This Ordinance established temporary government consisting of a governor, legislative council and House of Representatives for the Northwest territorial States of Ohio, Indiana, Illinois, Michigan, Wisconsin and part of Minnesota as a district awaiting admission into the Confederacy upon attainment of sufficient population. Pending admission, (Art. 4, pg 55, Vol. 1, United States code) made the territory a part of the United States of America subjecting the inhabitants and settlers to the exclusive jurisdiction of the United States in Congress Assembled to be taxed to pay the federal debt incurred during the revolutionary war. Paragraph 13 (pg 54 US code) established that all laws Constitutions, State and permanent government was to be established in all future territory subject to the exclusive jurisdiction of the United States in Congress assembled. Its enactment as statute law as 1 Stat 50 (pgs 50-53 Vol. 1 Statutes at Large) on August 7, 1789 made the ordinance applicable to all current and future districts for all property owned by and subject to the exclusive legislative power of the United States in Congress assembled.
Unlike these “United States”, the “United States of America”, the Confederacy, was created initially under the Declaration of Independence of July 4, 1776, which removed the English monarch and all English law except the Common Law and transformed the colonies into free, sovereign, and independent States, which recognized the nontransferable God given unalienable rights of all men elevating the status of the inhabitants to that of a monarch allowing them to be free and self governing.
The Articles of Confederation of November 15, 1777 organized the free, sovereign and independent states into a Confederacy or perpetual union for the purposes of protection from invasion and for the allowance of free trade and commerce between the free states. The thirteen member States retained their sovereignty, independence, and every power jurisdiction and right under Art 2 and freed the inhabitants from any obligation of citizenship subject to government control by allowing them to be “free inhabitants” and enjoy what citizens call privileges and immunities under Art 4, when in the governing jurisdiction of the United States. The government, headed by the United States in Congress assembled was precluded from making laws for the people and the member states forever under Art. 13.
Both the Declaration of Independence and the Articles of Confederation effectively eliminated any and all source of government power to make written law for Americans subject to the Common law forever with the removal of Great Britain following the Treaty of Paris ending the revolutionary war.
The Northwest Ordinance and the Constitution of September 17, 1787 restored, written law government, but only in the territory acquired by the Confederacy, first under the temporary authority of the Northwest Ordinance (mentioned above) and then under the more permanent authority of the Constitution of September 17, 1787.
The Constitution of September 17, 1787 made the temporary government of federal territory permanent when the first nine States of the Confederacy ratified and established “this Constitution” between themselves as the United States Constitution and the nine States that ratify, as the United States, which now ceded designated property to the Confederacy for government use under Art 7. The United States, then, is clearly not, the United States of America, but are, in fact, the consolidation of all the territory that is an inseparable part, owned by and ceded to the Confederacy, the United States of America.
Nine State ratification made permanent the House of Representatives established under the Northwest Ordinance and revised and implemented Articles IX and X of the Articles of Confederation to create the Committee of States renamed the Senate and the President of the United States of America.
The Senate, a manifestation of the old United States in Congress assembled, would combine with the House of Representatives to execute the powers of the United States in Congress assembled under the revised Articles of Confederation to legislate and manage the business affairs of the Confederacy and its territorial acquisitions. The President of the United States of America would oversee and protect the Confederacy and its administration of its territorial acquisitions by the Senate.
Both Congress and the President of the United States of America are created under the authority of the Articles of Confederation. Constitutional legitimacy for offices originally established under the authority of the Articles of Confederation would require those officers to fulfill age citizenship and residency requirements fourteen years after the Independence of the United States of America (1776) in order to execute and be bound by signature to an Art. 5 oath to support and adopt, found in the Constitution of September 17, 1787.
The election of George Washington by presidential electors as President of the United States of America on February 4, 1789 and his subsequent taking of a nonbinding Article 2, Sec 1, Cl. 8 oral oath to preserve, protect and defend the Constitution of the United States combined the Offices of President of the United States of America and President of the United States, a legislative employment of Congress into the un-adopted Art 2, Sec. I, Cl. 3 office of President and instigate a trend which permitted members of Congress and all other Constitutional government officers not to be bound by oath and institute a governing “corporation” to administer the territory owned by and ceded to the United States of America under Title 28 USC 3002 (15)(A).
Title 28 USC 3002 (15) (a) “United States means Federal Corporation.”
The failure of Congress and any President to adopt the Constitution of September 17, 1787 aborted the Constitution and “Constitutional government” in favor of a “corporate Charter” called the United States Constitution and its Corporate entity called the United States in which the new United States in Congress Assembled ( Senate and House of Representatives ) would administer and legislate (make written laws) to all places purchased and ceded to the United States of America and its Corporate entity the United States for the erection of forts magazines Arsenals Dockyards and other Needful Buildings; And to make law for said United States corporation, its departments and officers thereof pursuant to Article I, Section 8, (par.17) USA Const. 1787.
Territorial properties sold by the United States of America or the United States to the general public remained under the exclusive jurisdiction of the United States of America pending admittance into the federal United States by submission and approval of a State Constitution by Congress in compliance to the United States Constitution followed by admission into the Confederacy, the United States of America with the admittance of 2 Senators into the Senate.
The approval and acceptance of a States Constitution by Congress forms the State government with the moniker “State of” that acts as the land holder and corporate subsidiary of the larger United States corporation. The State government along with all entities created as subdivisions including all cities counties, townships, parishes, State, local and public agencies and districts pursuant to California Government Code Sec 8557 (B) and (C) in compliance to Title I USC Sec. 2 administers all places within their borders CLAIMED TO BE OWNED by the United States of America and having authority only over the departments and commissioned officers thereof. Admission into both unions therefore ceases the exclusive legislative power of the United States in Congress Assembled as to land in private ownership, but is/was retained as to lands still “owned” by the Confederacy.
c. -How the Statutes proclaim the distinction of where the State written law has authority.-
Example- The State of California Revenue and taxation codes define being “in the State” as follows: Quote- “In this State” or “in the State” means within the exterior limits of the State of California and includes all territory within these limits “owned” by and “ceded” to the United States of America.
Title 4 USC chap. 4, The States Sec. 110 (D) restates and clarifies what lies within those exterior borders:
“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 external boundaries of any state shall be deemed to be (a) federal area within such state.”
Also: Nebraska Revised Statute 60-666, “State, defined (DMV) State shall mean a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of Canada.”
The conclusion is the State must be a “Federal area” and that being in the State means being in or on a federal area. The indefinite article (a) which I’ve boldfaced and underlined indicates that there is more than one type of “federal area” and in fact there are four: Exclusive, Concurrent, Partial and Proprietorial. The consolidation of all federal areas acquired for use by the United States and any department, establishment or agency within the exterior borders of any territory or insular possession of the United States composes or constitutes the state.
I possess three reports by the federal government conducted during the presidency of Dwight D Eisenhower in which the current Governors own father Edmund G (Pat) Brown Sr. was part of a panel of State Attorney Generals that examined the issue of legislative jurisdiction over Federal Areas within the States by the Interdepartmental Committee for the Study of Jurisdiction over Federal Areas Within the States April 1956 (see attached). The Study concluded that acquisition of legislative jurisdiction was dependent on 3 factors pursuant to Title 40 USC 3111 and 3112 in which the head of a government agency must:
- Acquire “ Approval of Sufficiency of Title” by the Attorney General prior to acquisition of Title, describing the purpose for which the federal government is acquiring the land. (40 USC 3111)
- Acquire Title to the land in question.
- File a “Notice of Acceptance of Jurisdiction” with the Governor “with extent of jurisdiction as he deemed desirable as to any land under his custody and until such a notice is filed it should be conclusively presumed that no jurisdiction has been accepted by the United States. (pg 10 paragraph 2 Jurisdiction over Federal Areas Within the States pursuant to 40 USC 3112)
Properties that are under proprietorial jurisdiction are held or performed in a government rather than a proprietary capacity ( pg 14 paragraph 2 Jurisdiction Over Federal Areas Within the State)
The United States Constitution as indicated in Art 3 Sec. 1 of the State of California Constitution is the Supreme law that is for the State of California because it identifies the State of California as that land and property in California owned by and ceded to the United States of America. The State of California must comply with federal law and show that the United States or the USA has acquired Approval of Sufficiency of Title, Physical Title to the land in question, and file a notice of Acceptance with the Governor pursuant to 40 USC 3111 and 3112.
State of California Government Code Sec 110-127 describes the territorial jurisdiction of the State of California over places that have been or may be ceded to purchased or condemned by the United States including lands acquired in fee by purchase or condemnation, military reservations, leaseholds over private lands or State owned lands and any other lands owned by the United States with jurisdiction continuing only so long as the land belongs to the United States.
d. -Limitation of United State District Courts-
This “Union” is of scattered Lands throughout the 50 (plus) states united, as “districts” as described in 28 USC CHAPTER 5- as found in the “HISTORICAL AND REVISION NOTES Sections 81-131 of this chapter show the territorial composition of districts and divisions by counties as of January 1, 1945.” Now under close examination the compositions of such lands are to be of one type, and that type is land owned by the USA and under the described “exclusive Legislative Authority”. Land such as “88. District of Columbia.” which is of the same type as “95. Iowa.” And “107. Nebraska.”
In the final analysis, all written State laws are limited to matters involving federal territory and property belonging to the United States of America as indicated in the organic laws which are the foundation of all written laws.
As an example, a place where the City of Omaha Employees (Police) harass me by attempting to apply United State written law on Land that is clearly not of the United States: All parties receiving this NOTICE are instructed to begin investigation as to the type of Land the described Land as- Section 28, Township 15, Range 13, N1/2 of NW1/4, Lot 4, Block 10, Hanscom Place subdivision, all without the United States, sold by the USA Nov. 20th, 1884 with Land Patent Certificate #5466, as legally described / located.
Submitted by – Paul John Hansen
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