2013-02-04

UNITED STATES, INC. (Part V)

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Types of Law and Jurisdictions


  So far we have a historical foundation to build upon.  The Federal government of the United States is a corporation operating on its own behalf and for its own bottom line (gains) with the implied presumption of value through taxes and property accrued over time by its citizens.  I puked a little when I wrote it too.  Don't feel bad.

  Now it is time to extend upon what we have already learned by fitting together a few more pieces of the puzzle and allowing ourselves to see a much larger portion of the collective big picture.  Now that we have a clearer picture of our government (and similar governments) we must find out what type of laws they govern, who they apply to, and what exactly the word "jurisdiction" means.  There are many types of laws if you really want to be specific, but let's define the word first:

"LAW. 
a system of rules and guidelines which are enforced through social institutions to govern behavior.  2. Laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relations between people."

  I think it is important to remember that rights are encoded into the formation of laws (I'll explain that soon along with Natural Law).  Let's first look at the three known and most widely accepted systems:


"CIVIL LAW.   
1. Taken from Roman law, it is used in continental Europe, their former colonies, Isle of Man, Latin America, Scotland, state of Louisiana in the US federation, and in Canada’s Quebec province. In this system, the law is a highly structured and rigid code of rules observed to the letter. An expert judge decides cases without the help of jury and without any reference to precedent. In this system, every defendant in a criminal trial is presumed guilty until proven innocent.  2. As Private law that contrasts to administrative law, criminal law, ecclesiastical law, and military law, and deals with relationships among individuals."



"COMMON LAW. 
As distinguished from the Roman law, the modern civil law, the canon law, and other systems, the common law is that body of law and juristic theory which was originated, developed, and formulated and is administered in England, and has obtained among most of the states and peoples of Anglo-Saxon stock. Lux v. Haggin, 69 Cal. 255, 10 Pac. 674. 2. As distinguished from law created by the enactment of legislatures, the common COMMON LAW 227 COMMON PLEAS law comprises the body of those principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England. Western Union Tel. Co. v. Call Pub. Co., 181 U. S. 92, 21 Sup. Ct. 5G1, 45 L. Ed. 7G5; State v. Buchanan, 5 Har. & J. (Md.) 3G5, 9 Am. Dec. 534; Lux v. Ilaggin, G9 Cal. 255, 10 Pac. G74; Barry v. Port Jervis, 64 App. Div. 268, 72 N. Y. Supp. 104. 3. As distinguished from equity law, it is a body of rules and principles, written or unwritten, which are of fixed and immutable authority, and which must be applied to controversies rigorously and in their entirety, and cannot be modified to suit the peculiarities of a specific case, or colored by any judicial discretion, and which rests confessedly upon custom or statute, as distinguished from any claim to ethical superiority. Kle- ver v. Seawall, 65 Fed. 395, 12 C. C. A. 661. 4. As distinguished from ecclesiastical law, it is the system of jurisprudence administered by the purely secular tribunals. 5. As concerns its force and authority in the United States, the phrase designates that portion of the common law of England (including such acts of parliament as were applicable) which had been adopted and was in force here at the time of the Revolution. This, so far as it has not since been expressly abrogated, is recognized as an organic part of the jurisprudence of most of the United States. Browning v. Browning, 3 N. M. 371, 9 Pac. 677; Guardians of Poor v. Greene, 5 Bin. (Pa.) 557; U. S. v. New Bedford Bridge, 27 Fed. Cas. 107. 6. In a wider sense than any of the foregoing, the “common law” may designate all that part of the positive law, juristic theory, and ancient custom of any state or nation which is of general and universal application, thus marking off special or local rules or customs. As a compound adjective “common-law” is understood as contrasted with or opposed to “statutory,” and sometimes also to “equitable” or to “criminal.”

"CONSTITUTIONAL LAW.

(1) That branch of the public law of a state which treats of the organization and frame of government, the organs and powers of sovereignty, the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the relations of government and subject, and which prescribes generally the plan and method according to which the public affairs of the state are to be administered. (2) That department of the science of law which treats of constitutions, their establishment, construction, and interpretation, and of the validity of legal enactments as tested by the criterion of conformity to the fundamental law. (3) A constitutional law is one which is consonant to, and agrees with, the constitution; one which is not in violation of any provision of the constitution of the particular state."


Where Do I Fit In?

  Glad you asked!  As you are already aware, American law is split between a Federal system and the 50 State systems. In very general terms: The United States Constitution is the "supreme law of the land". No law can be passed which violates the Federal U.S. Constitution.  Also, as you have already learned as well, we know that from the 10th Amendment of the Constitution (“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people“[Emphasis added.]).  The U.S. Constitution is a compact between the States.  The limited authority delegated to the Federal government is enumerated in the U.S. Constitution.  The States created the Federal government to be an agent of the States to carry out limited powers.  The States have the legal authority to reassume powers delegated to the Federal government.  Each State will also have it's own Constitution. These will be the supreme law for the respective states, and they cannot violate the Federal Constitution.  The Federal government and State governments will also have a Legislature which is in charge of passing laws. The federal legislature is Congress (The Senate and the House of Representatives). No law passed by any legislature can violate the Constitution.


  Each State is given the power to govern itself. However, if a federal law and a state law conflict, the Supremacy Clause states that the federal law will prevail.  Not so, actually.  Remember the old "the Constitution is the supreme law of the land" in this country?  (see also:http://tenthamendmentcenter.com/2013/02/05/state-supremacy-vs-the-supremacy-clause/)  The Supremacy Clause only applies if an act of the Federal Government is in pursuit of its constitutionally authorized powers.  This should add further perspective in context of the hierarchical structure of our governments' law system implementation.  To review and slightly simplify, there are three basic types of law in the United States:

Constitutional law is the law in the U.S. Constitution and state constitutions. It includes such fundamental rights as freedom of speech, freedom of religion, freedom of expression etc. The U.S. Constitution is the supreme law of the United States. No law can be enacted that contravenes the provisions of the U.S. Constitution.

Statutory law is law enacted by legislature. Congress, state and municipalities all have legislative bodies that make laws. It is created through a formal lawmaking process and codified in official text. ( Example: When the Florida Legislature passes a bill, such as the recent primary seat belt law - it is a Staturtory Law.)

Common law, began in England when law was derived from common practices. Common law includes "judge-made laws" and relies on judicial precidents (case law). Judges, thus, in their decisions are bound by precedent: the rulings of other judges in similar cases decided earlier. All the states except for Louisiana are common law states, Florida is a common law state).

  We have yet to mention our Natural Rights and how they are defined.  In fact, the Constitution mentions that it and any laws governed by it should not impede our basic human rights.  Have you ever stopped to try to define them?  If so, what should "natural laws" be called?  Recommended prerequisite:  http://www.humanrights.com/what-are-human-rights/brief-history/declaration-of-independence.html



"NATURAL LAW.

A rule of conduct arising out of the natural relations of human beings, established by the Creator, and existing prior to any positive precept Webster. The foundation of this law is placed by the best writers in the will of God, discovered by right reason, aud aided by diviue revelation ; and its principles, when applicable, apply with equal obligation to individuals and to nations. 1 Kent, Comm. 2, note; Id 4, note. See Jus NATURALE. The rule and dictate of right reason, showing the moral deformity or moral necessity there is in any act, according to its suitableness or uusuitableuess to a reasonable na- ture. Tayl. Civil Law, 99. This expression, “natural law,” or jus naturale, was largely used in the philosophical speculations of the Roman jurists of the Anto- nine age, and was intended to denote a system of rules and principles for the guidance of human conduct which, independently of enacted law or of the systems peculiar to any one people, might be discovered by the rational intelligence of man, aud would be found to grow out of and conform to his nature, meaning by that word his whole mental, moral, and physical constitution. The point of departure for this conception was the Stoic doctrineof a life ordered “according to nature,” which in its turn rested upon the purely supposititious existence, in primitive times, of a “state of nature;” that is, a condition of society in which men universally were governed solely by a rational and consistent obedience to the needs, impulses, aud promptings of their true nature, such nature being as yet undefaced by dishonesty, falsehood, or indulgence of the baser passions. See Maine, Anc. Law, 50, et seq. We understand all laws to be either human or divine, according as they have man or God for their author; and divine laws are of two kinds, that is to say: (1) Natural laws; (2) positive or revealed laws. A natural law is defined by Burlamaqui to be “a rule which so necessarily agrees with the nature and state of man that, without observing its maxims, the peace aud happiness of society can never be preserved.” And he says that these are called “natural NATURALE EST QUIDLIBET 805

  Natural Law is encompassed in its maxims.  A maxim can best be described in Latin, "quia maxima ejus dignitas et certissima auctorir tas, et quod maxime omnibus probetur", which means, "because the greatest and most certain writers in the dignity of his choice, and that it is approved by all the most".  In other words, and by definition, maxims are established principles or propositions based on morality and God-given conviction and realization by conscience. A principle of law universally admitted, as being a correct statement of the law, or as agreeable to natural reason.  We all have these maxims built-in.  That is why you feel bad if you harm someone else (if you don't, you may have deeper seeded issues that are beyond the scope of these posts) or do something you somehow just know to be wrong.  If you would like to read a bit more about maxims and see some defined and printed, read this or this.  I highly recommend you read both, actually.

  With all the previous information understood, you must now have a clearer picture of the hierarchical relationship between all the law systems in place, here in America:  Maxims of Law (or, God's Law) -> The United States Constitution -> Statutes & Code (Bills, Acts, UCC/USC) -> Case Law (ie: BANK vs. PHILIP SMITH).  We could even further simplify:  Bible/Maxims, "We the People", US Constitution, States' Constitutions,   Statutory or Enacted Laws, and finally Case Law.  In other words, we have the right to do whatever we want as long as we do not harm anyone or their property, we grant authority to government (because we created it and gave it law to abide by, the Constitution), and the government enacts law and expands upon the founding documents and further defines said laws by trails that tend to magnify the smaller attributes.

  I know this particular post is a lot to comprehend, but [as always], please cross-reference any or all the material therein for your own sanity.  Use sound judgment and never take one source as reputable until you can here all sides.  The important idea here is the conveyance of a fundamental understanding of the structure of the laws in our country.  All too often, people believe everything the Television or our government tell us to be fact, but most often the facts are fiction that come from the mouths of those who only wish to control and subjugate others for profit of their own and for those of their peers.  It's humanity's basic [sinful] nature.

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