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Courts Shift from Common Law to Equity and
Admiralty Courts
Under the Constitution,
based on Common Law, the Republic of the Continental United States provides
for legal cases: at Law, in Equity, and in Admiralty.
(1) Law is the collective
organization of the individual right to lawful defense. It is the will of
the majority, the organization of the natural right of lawful defense. It is
the substitution of a common force for individual forces, to do only what
the individual forces have a natural and lawful right to do: to protect
persons, liberties, and properties; to maintain the right of each, and to
cause justice to reign over us all. Since an individual cannot lawfully use
force against the person, liberty, or property of another individual, then
the common force—for the same reason—cannot lawfully be used to destroy the
person, liberty, or property of individuals or groups. Law allows you to do
anything you want to, as long as you don't infringe upon the life, liberty
or property of anyone else. Law does not compel performance.
Today's so-called laws
(ordinances, statutes, acts, regulations, orders, precepts, etc.) are often
erroneously perceived as law, but just because something is called a "law"
does not necessarily make it a law. [There is a difference between "legal"
and "lawful." Anything the government does is legal, but it may not be
lawful.]
(2) Equity
is the jurisdiction of compelled performance (for any contract you are a
party to) and is based on what is fair in a particular situation. The term
"equity" denotes the spirit and habit of fairness, justness, and right
dealing which would regulate the intercourse of men with men. You have no
rights other than what is specified in your contract. Equity has no criminal
aspects to it.
(3) Admiralty
is compelled performance plus a criminal penalty, a civil contract with a
criminal penalty.
By 1938 the gradual
merger procedurally between law and equity actions (i.e., the same court has
jurisdiction over legal, equitable, and admiralty matters) was recognized.
The nation was bankrupt and was owned by its creditors (the international
bankers) who now owned everything—the Congress, the Executive, the courts,
all the States and their legislatures and executives, all the land, and all
the people. Everything was mortgaged in the national debt. We had gone from
being sovereigns over government to subjects under a foreign government,
through the use of negotiable instruments to discharge our debts with
limited liability, instead of paying our debts at common law with gold or
silver coin.
The change in our system
of law from public law to private commercial law was recognized by the
Supreme Court of the United States in the Erie Railroad vs. Thompkins case
of 1938, after which case, in the same year, the procedures of Law were
officially blended with the procedures of Equity. Prior to 1938, all U.S.
Supreme Court decisions were based upon public law—or that system of law
that was controlled by Constitutional limitation. Since 1938, all U.S.
Supreme Court decisions are based upon what is termed public policy.
Public policy concerns
commercial transactions made under the Negotiable Instrument's Law, which is
a branch of the international Law Merchant. This has been codified into what
is now known as the Uniform Commercial Code, which system of law was made
uniform throughout the fifty States through the cunning of the Congress of
the UNITED STATES.
In offering grants of
negotiable paper (Federal Reserve Notes) which the Congress gave to the
fifty States of the Union for education, highways, health, and other
purposes, Congress bound all the States of the Union into a commercial
agreement with the Federal United States (as distinguished from the
Continental United States). The fifty States accepted the "benefits" offered
by the Federal United States as the consideration of a commercial agreement
between the Federal United States and each of the corporate States. The
corporate States were then obligated to obey the Congress of the Federal
United States and also to assume their portion of the equitable debts of the
Federal United States to the international banking houses, for the credit
loaned. The credit which each State received, in the form of federal grants,
was predicated upon equitable paper.
This system of negotiable
paper binds all corporate entities of government together in a vast system
of commercial agreements and is what has altered our court system from one
under the Common Law to a Legislative Article I Court, or Tribunal, system
of commercial law. Those persons brought before this court are held to the
letter of every statute of government on the federal, state, county, or
municipal levels unless they have exercised the REMEDY provided for them
within that system of Commercial Law whereby, when forced to use a so-called
"benefit" offered, or available, to them, from government, they may reserve
their former right, under the Common Law guarantee of same, not to be bound
by any contract, or commercial agreement, that they did not enter knowingly,
voluntarily, and intentionally. Howard Freeman
http://www.deoxy.org/lib/2us.htm
In 1976, Congress took
away any semblance of law or justice left within our court system. All law
today is now construed, constructed and made up by the judge as it happens
before your very eyes. Common law has almost disappeared from the courts.
They took away any control or authority we might have had over the court
system. This has been very well hidden from all of us.
Many of us going into
court often wonder why and how the courts can simply override the laws we
put into our paperwork. It’s very simple now that we know how they do it.
They operate on the words ‘construe and construct.’
A simple word such as
‘in’ changed to ‘at’ as in ‘at law’ or ‘in law’ has a totally separate
meaning. For example: If you’re in the river, you are wet, you can
swim, etc., but if you’re at the river, you might enjoy a refreshing
picnic, play baseball or run races. See the difference a simple word can
make? And, the attorneys often change this word when they answer your
motions – in addition to many others.
It will pay you in
dividends to read the answers of attorneys to your paperwork. Compare what
they say the case law says to the actual case law itself. You’ll discover
that they have actually changed the words therein. This is illegal, you
might say. No, not, according to the US Code.
You see, they can now
construe and construct any law or statute to mean whatever they decide it
means, for their benefit. You don’t know any of this. You think they are
railroading you in a kangaroo court. No, they are ‘legal’ in what they do.
They usually follow the law to the letter; Their law, private
law, the law of contract, that you know nothing about. This law is called
contract law.
Taking Back Your Power
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WHAT CAN YOU DO? Stop playing THEIR game. Take back
your power. Stop paying taxes that are not legal or lawful. Stop paying
bills you don't really owe. Stop using THEIR money. There ARE ways if you
open your mind and look for the gaps in their fences that keep the sheeple
in their pasture. Are you chattel or a real person? You are the one who
makes that choice.
Our experienced
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This information is for the purpose
of education and broadening horizons ONLY.
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© 2007,
Allen
Aslan Heart / White Eagle Soaring of the
Little Shell Pembina Band,
a
Treaty
Tribe of the Ojibwe Nation
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