JURISDICTION The Constitution of the United States mentions three areas of jurisdiction in which the courts may operate: Common Law Common Law is based on Gods law. Anytime someone is charged under the Common Law, there must be a damaged party. You are free under the Common Law to do anything you please, as long as you do not infringe on the life, liberty, or property of someone else. You have a right to make a fool of yourself provided you do not infringe on the life, liberty, or property of someone else. The Common Law does not allow for any government action which prevents a man from making a fool of himself. For instance, when you cross over the state lines in most states, you will see a sign which says, BUCKLE YOUR SEAT BELTS - ITS THE LAW. This cannot be Common Law, because who would you injure if you did not buckle up? Nobody. This would be compelled performance. But Common Law cannot compel performance. Any violation of Common Law is a CRIMINAL ACT , and is punishable. Equity Law Equity Law is law which compels performance. It compels you to perform to the exact letter of any contract that you are under. So, if you have compelled performance, there must be a contract somewhere, and you are being compelled to perform under the obligation of the contract. Now this can only be a civil action - not criminal. In Equity Jurisdiction, you cannot be tried criminally, but you can be compelled to perform to the letter of a contract. If you then refuse to perform as directed by the court, you can be charged with contempt of court, which is a criminal action. Are our seatbelt laws, Equity Laws? No, they are not, because you cannot be penalized or punished for not keeping to the letter of a contract. Admiralty/Maritime Laws This is civil jurisdiction of Compelled Performance which also has Criminal Penalties for not adhering to the letter of the contract, but this only applies to International Contracts. Now we can see what jurisdiction the seatbelt laws (all traffic codes, etc) are under. Whenever there is a penalty for failure to perform (such as willful failure to file), that is Admiralty/Maritime Law and there must be a valid international contract in force. However, the courts dont want to admit that they are operating under Admiralty/Maritime Jurisdictions, so they took the international law or Law Merchant and adopted it into our codes. That is what the Supreme Court decided in the Erie Railroad case - that the decisions will be based on commercial law or business law and that it will have criminal penalties associated with it. Since they were instructed not to call it, Admiralty Jurisdiction, they call it Statutory Jurisdiction. COURTS OF CONTRACT You must ask how we got into this situation where we can be charged with failure to wear seatbelts and be fined for it. Isnt the judge sworn to up hold the Constitution? Yes, he is. But you must understand the Constitution, in Article I, § 10, gives us the unlimited right to contract, as long as we do not infringe on the life, liberty or property of someone else. Contracts are enforceable, and the Constitution gives two jurisdictions where contracts can be enforced - Equity or Admiralty. But we find them being in Statutory Jurisdiction. This is the embarrassing part for the courts, but we can use this to box the judges into a corner in their own courts. We will cover this more later. CONTRACTS MUST BE VOLUNTARY Under the Common Law, every contract must be enter into knowingly, voluntarily, and intentionally by both parties or it is void and enforceable. These are characteristic -it must be based on substance. For example, contracts used to read, For one dollar and other valuable considerations, I will paint your house, etc. That was a valid contract - the dollar was a genuine, silver dollar. Now, suppose you wrote a contract that said,
Posted on: Wed, 17 Dec 2014 16:48:23 +0000
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