The Spoonfed Truth - Jurisdiction

   

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"...federal jurisdiction cannot be assumed, but must be clearly shown”. 
Brooks v. Yawkey,  200 F. 2d 633
 
"No sanction can be imposed absent proof of jurisdiction”. 
Stanard v. Olesen,  74 S. Ct. 768
 
"The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings”. 
Hagans v. Lavine,  415 U.S. 533
 
"If any tribunal finds absence of proof of jurisdiction over person and subject matter, the case must be dismissed”. 
Louisville Rail Road v. Motley,  211 U.S. 149,  29 S.Ct. 42

 

 
 
Government and Courts have no jurisdiction over SOVEREIGN human beings. They do not operate under Common Law, and are NOT Judicial, they are ADMINISTRATIVE COURTS.  They operate under Admiralty/Martime law.  However, they may currently have jurisdiction of your STRAWMAN.  This is why you never want to STATE YOUR NAME, for the record.  You can choose to say your name, but be clear about the way that it is spelled, with the first letter of the first, middle, and family name being Upper Case, while the rest of the letters are in lower case.
 
Government can only gain jurisdiction if it is given to them. This can be done via contract, or consent.  If you consent to be a part of a society (a government) you then subject yourself to it's law.  The laws of that society cannot be forced upon people who are not MEMBERS.  For example, a school teacher cannot punish an adult at the grocery store for cursing, nor can she punish a parent of a student for doing the same.  A school teacher can only punish a student. That same teacher cannot punish any student when he/she is OUTSIDE of the school, as he/she has NO JURISDICTION outside of the school (field trips not included).  Courts have no jurisdiction (nor does the District Of Columbia) over anyone outside of it's walls.  (This is why you come to them.)  
 
Federal criminal jurisdiction used to be limited to properly acquired federal property such as Washington, D.C., forts, arsenals, magazines, dockyards, other needful buildings and, of course, the high seas under admiralty jurisdiction. That was then. With the "war on drugs", wetlands, forest reserves, the tax code, the post office, homeland security, the wars on terror and everything else, federal criminal jurisdiction can shape shift into any "venue" it declares for itself. Jurisdiction and venue is just a claim backed by whatever force can be imposed to assert that claim.
 
Jurisdiction should be better known as jurisFiction. The law is whatever a man or group of men say it is, after assuming the dictatorial authority of law. These same dictators have "legislated" for themselves the doctrine of "Absolute Immunity." By their own decree, judges and prosecutors are absolutely immune from any liability for their "judicial" acts. Their "jurisdiction" is what they say it is because men with guns and government paychecks follow the orders and commands of the jurisdictators. These swarms of officers are apparently incapable of reading the constitution they swore an oath to support and have a greater allegiance to the mythical commands of the self-declared-immune judiciary and their claim of "jurisdiction."
 
The basic concepts underlying jurisdiction depend on the following simple rules:
 
All courts exercise three types of jurisdiction:
 
Territorial - Jurisdiction over an event that happened on the territory protected by the sovereign.  For the Federal government, this would be federal territory to the exclusive jurisdiction of Congress which is no part of any state of the Union.
 
Subject Matter - Jurisdiction over the activity, but not the territory the activity occurred on.  Franchises fall in this category because they are a matter of contract, and all contracts are chattel property of the grantor of the franchise.
 
In personam:  Jurisdiction over the "person".   This jurisdiction is conferred either by service of process upon the "person" and an "appearance" in an action following the service of process or a domicile or residence in the forum at the time of the event contested.  
 
Civil and criminal jurisdiction attaches to the territory under the exclusive jurisdiction of the sovereign (government) to whom it belongs.  This includes:
 
- Acts committed on the territory
- Real and chattel property situated within the territory
- Human beings and "persons" domiciled on the territory
 
A sovereign may NOT reach outside its physical territory to enforce its civil or criminal laws without comity, which is a fancy word for the CONSENT of those it is enforcing against.  This is called "extraterritorial jurisdiction" by the courts.  It is also called "subject matter jurisdiction" by the courts. 
 
 
"Every State or nation possesses an exclusive sovereignty and jurisdiction within her own territory, and her laws affect and bind all property and persons residing within it.  It may regulate the matter and circumstances under which property is held, and the condition, capacity, and state of all persons therein, and also the remedy and modes of administering justice.  And it is equally true that no State or nation can affect or bind property out of its territory, or persons not residing [domiciled] within it.  No State therefore can enact laws to operate beyond its own dominions, and if it attempts to do so, it may be lawfully refused obedience.  Such laws can have no inherent authority extraterritorially.  This is the necessary result of the independence of distinct and seperate sovereignties." 
 
"Now it follows from these principles that whatever force or effect the laws of one State or nation may have in the territories of another must depend solely upon the laws and municipal regulations of the latter, upon its own jurisprudence and polity, and upon its own express or tacit consent."  Dred Scott v. John F.A Sanford, 60 U.S. 393 (1856)
 
 
It is a maxim of law that debt and contract are not dependent upon place.  The ordinary way of procuring debt is to contract for it, in which case the only way that any government can reach outside its own physical territory is to contract with those it seeks to enforce against.  
 
Debitum et contractus non sunt nullius loci
Debt and contract [franchise agreement in this case] are of no particular place.
 
Civil in personam jurisdiction originates from the following three sources:
 
- Choosing a domicile within a specific jurisdiction 
- Representing an ENTITY that has a domicile within a specific jurisdiction even though not domicile oneself in said jurisdiction outside the federal zone.  
- Engaging in COMMERCE within the civil legislative jurisdiction of a specific government and thereby WAIVING SOVEREIGN IMMUNITY under The Foreign Sovereign Immunities Act, 28 U.S.C 1605, The Minimum Contacts Doctrine, which implements the Fourteenth Amendment, and the Longarm Statutes of the state jurisdiction where you are physically situated at the time. 
 
The most prevalent means to exercise extraterritorial jurisdiction by most governments is through government franchises such as Social Security, marriage licenses, and driver's licenses.  The application to participate in the program constitutes a contractual consent to abide by the terms of the franchise agreement.
 
All franchises are contracts, and therefore must satisfy all the elements of a contract to be valid or enforceable.  This means there much be MUTUAL consideration and MUTUAL obligation on both sides of the transaction, and there most never is. 
 
Congress legislates for two separate legal and political and territorial jurisdictions:
 
- The states of the Union (known as the United States of America) under the requirements of the Constitution of the United States.  In this capacity, it is called the "federal/general government”.
- The U.S. (the Corporation) government, the District of Columbia, U.S. possessions and territories, and enclaves within the states.  In this capacity, it is called the "national government”.  The authority for this jurisdiction derives from  Article 1, Section 8, Clause 17 of the United States Constitution.  All laws passed essentially amount to municipal laws for federal property, and in that capacity, Congress is not restrained by either the Constitution or the Bill of Rights.  We call the collection of all federal territories, possessions, and enclaves within the states "the federal zone
 
TWO POLITICAL JURISDICTION WITHIN OUR COUNTRY
 
 

TWO POLITICAL JURISDICTIONS WITHIN OUR COUNTRY

Characteristic

"National government"

"Federal/general government"
Also called "United States” the Corporation "United States of America"
Geographical territory Federal zone 50 states of the Union

Citizenship

STATUTORY "U.S. citizen” (Chattel Property of the government) are belligerents in the field and are "subject to its jurisdiction” (Washington, D.C.)

14th Amendment citizens, implemented by the Civil Rights Act of 1866 for the newly freed slaves (are now the slaves of the corporate government plantation)

(See 8 U.S.C. 1401(a) at

http://www4.law.cornell.edu/uscode/8/1401.html)

  1. CONSTITUTIONAL  "citizen of the United States", where "united States" means states of the Union and excludes federal territory.
  2. "national”  is "sovereign”, "Freemen”, and "Freeborn”.  Unless that right is given up knowingly, intentionally, and voluntarily.

    "National of the United States of America”.  NOT a "U.S. national" or "national of the United States" per 8 U.S.C. 1408 or 8 U.S.C. 1101(a)(22)(B).

    (see 8 U.S.C. 1101(a)(21) and 8 U.S.C. 1452 athttp://www4.law.cornell.edu/uscode/8/1101.html)

See Why You are a "national", "state national", and Constitutional but not Statutory Citizen

 

Political system

Municipal corporation

Totalitarian Socialist democracy

"Socialism:  1.  any of various economic and political theories advocating collective or governmental ownership and administration of the means of production and distribution of goods. 2 a:  a system of society or group living in which there is no private property b:  a system or condition of society in which the means of production are owned and controlled by the state 3: a stage of society in Marxist theory transitional between capitalism and communism and distinguished by unequal distribution of goods and pay according to work done.” [Merriam Webster’s Ninth New Collegiate Dictionary, ISBN 0-97779-508-8, 1983]

"Democracy has never been and never can be so desirable as aristocracy or monarchy, but while it lasts, is more bloody than either. Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy that never did commit suicide." [John Adams, 1815]

Republic

"Republic:  A commonwealth; that form of government which the administration of affairs is open to all the citizens.  In another sense, it signifies the state, independently of its form of government.” 
[Black’s Law Dictionary, Sixth Edition, page 1302]

"Commonwealth:  The public or common weal or welfare… It generally designates, when so employed, a republican frame of government, one in which the welfare and rights of the entire mass of people are the main consideration, rather than the privileges of a class or the will of a monarch; or it may designate the body of citizens living under such a government.”
[Black’s Law Dictionary, Sixth Edition, page 278]

Form of government

De facto (unlawful)

(See our article entitled "How Scoundrels Corrupted Our Republican Form of Government" for details on how our government was rendered unlawful)

De jure (lawful)

Origins Gettysburg Address in 1864 and the Incorporation of District of Columbia by Act of February 21, 1871 under the Emergency War Powers Act and the Reconstruction Act Started with the Declaration of Independence n 1776, Articles of Confederation in 1778, and the Constitution in 1787
Governing body

The President (Caesar) rules by Executive Order (Unconstitutional).

Congress and the Courts are under the President as branches of the Executive Department.

Congress sits by resolution not by positive law.

The Judges are actually administrative referees and cannot rule on rights.

"We the People", who rule themselves through their servant elected representatives.  See Lincoln's Gettysburg Address, in which he said: "A government of the people, for the people, and by the people

Three separate Departments for the servants:

  1. Executive.
  2. Legislative-can enact positive law.
  3. Judicial

Implications of citizenship

Statutory "U.S. citizens" were declared enemies of the U.S. by F.D.R. by Executive Order No. 2040 and ratified by Congress on March 9, 1933. 

FDR changed the meaning of The Trading with the Enemy Act of December 6, 1917 by changing the word "without" to citizens "within" the United States

"nationals" per 8 U.S.C. 1101(a)(21) and 8 U.S.C. 1452 are Sovereign Americans who supersede the U.S.  Government is the enemy of liberty and should be kept as small as practical.

"Government big enough to supply everything you need is big enough to take everything you have.   The course of history shows that as a government grows, liberty decreases.”
[Thomas Jefferson]

Jurisdiction

Expands and conquers by deceit and fraud.  Uses "words of art” to deceive the people.

Restricted by the Constitution to the 10 mile square area called Washington D.C., U.S. possessions, such as Puerto Rico, Guam, and its enclaves for forts and arsenals.
Rights and privileges

Inalienable rights.

Rights from the corporate government.

Statutory taxable "privileges”

"Invisible contract” with federal government to "buy” (bribe into existence) these statutory privileges through taxes.

See 48 U.S.C. §1421b:  Statutory Bill of Rights.

"The privileges and immunities clause of the 14th Amendment protects very few rights because it neither incorporates the Bill of Rights nor protects all rights of individual citizens. Instead, this provision protects only those rights peculiar to being a citizen of the federal government; it does not protect those rights which relate to state citizenship.”
[Jones v. Temmer 829 F. Supp. 1226 (Emphasis added.)]

Unalienable Rights.

Rights from God.

Constitutional rights-cannot be taxed

 
 
How else is jurisdiction of the federal government gained?
 
-If you claim to be a U.S Citizen, which is domiciled in the District of Columbia, as that is where U.S exists.  (U.S and United States of America are not the same thing.)
-If you claim to be a "person", attaching yourself to the artificial corporation in YOUR NAME (whom THEY own). Thus stating the name (which you are representing) 'for the record' gives them jurisdiction over you.
-Saying that you "understand" anything a judge has to say.  Understand actually means "Do you stand under my authority?"  If you say yes, you've given them jurisdiction.
-Becoming a "taxpayer" under the authority of the IRS.
-Obtaining a Social Security Number
-If you follow any order given by a judge (i.e, "All rise!" If you stand up without asserting your free-will right to do so by your own accord.)
-If you have contracted your rights away for privileges.  (Such as obtaining a Driver's License, becoming a "taxpayer", etc)
-Using a Zip Code
-Abbreviating the name of your state, CA, PA, DE, etc.
 
Understanding how JURISDICTION works, can be a powerful tool in protecting yourself as a sovereign, it's also critical to understand when it comes to disconnecting yourself from the U.S Corporation.  
 
For an in depth study of Federal Jurisdiction, click here.
Etymology—the study of the derivation of words—often brings to light origins and definitions quite different from modern meanings. "Jurisdiction" is formed from the conjunction of "juris" and "diction." "Juris" is Latin for of right; of law. "Diction" is the "choice or use of words in speech or writing," which comes from the Latin dicere—to say. "Dicere" is also the linguistic root of "dictate," which includes the definition, to prescribe expressly and with authority; to issue orders or commands. Dictator is derived from dictate and is defined as 1) a ruler having absolute authority and supreme jurisdiction over the government of a state; especially one who is considered tyrannical or oppressive. 2) One who dictates.
 
Black’s Law Dictionary tells us "jurisdiction" is "a term of comprehensive import embracing every kind of judicial action" and, "it is the power of the court to decide a matter in controversy and presupposes the existence of a duly constituted court with control over the subject matter and the parties."
 
Alternately we might say jurisdiction is the assumption of the right to dictate what the law is; to order, prescribe, or impose "law;" to be the dictator of the law: juris-dicere—to "say" the law.
Jurisdiction is nothing more than a concept imbued with illusionary substance, formed in the mind, then made into "law" by the say so of the dictator; a myth turned into legend.
Dictionaries categorize the word "jurisdiction" as a noun. In grammar school, we learned that a noun is a "person, place or thing."
 
When a judge claims to have jurisdiction, does he take it off the shelf and set it on the bench next to him? If he wishes to avoid or void a case, does he put jurisdiction back in the closet and close the door? Is jurisdiction nothing more than the collective say-so of judicial officials, entombed in the great bodies of self-legislated case law? What doth constitute the substance of this great myth?
 
Intrinsic to the concept of jurisdiction is venue, or place—the location, county, state or district in which the notion of jurisdiction is said to exist. Every court has a locus or place defined by some geographical boundary, except for certain "special" jurisdictions where the long arm of the law reaches out to the high seas, aboard aircraft, space vehicles and is "an offense by or against a national of the United States."
 
 
 
 
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