institutionalized tyranny the character and color of authority by dan meador

7/26/2019 Institutionalized Tyranny the Character and Color of Authority by Dan Meador

1/108

Institutionalized Tyranny

The Character & Color ofAuthority(Revision 4 -- Oct. 20 !""#$

%y an 'eador

To o)tain a video *resentation clic+ here.,

This work documents elements of a scheme known as Cooperative Federalism that for the last halfcentury has placed the American people under edict of private courts and has compromised virtually all

State and Federal enforcement authority. Sections of the work demonstrate proper application of Federaldrug and tax laws.

The Aven er Co es

I

As certainly as the dawn of new day, the Avenger comes,

ut we cannot see him, and know not his character,

for darkness that engulfs us linds our sight.

Is he a man of !od" Christ #esus come again$

or is he vengeful after his own cause, an In%uisitor,

who will inflict terror on those who oppose his rule$

&e who seek and pray for 'ustice must turn to !od

for his solace is the hope of multitudes"
http://www.dxshop.com/_shop/shop-indy.mhtml?shop=spectrum&cart=909074530-5185.db&tstamp=909074530&code=DM11098http://www.dxshop.com/_shop/shop-indy.mhtml?shop=spectrum&cart=909074530-5185.db&tstamp=909074530&code=DM11098


2/108

we must e diligent in our la ors,

for the day of (ighteousness comes.

)ut who approaches the near hori*on ++

the Son of an, or another would+ e god$

II

&e stand at the gates of )a ylon, her secrets exposed"

we have defrocked lack+ro ed pretenders

who inflict the rule of private courts,

and have unraveled the myth of convoluted law.

These truths cannot e defamed ++ they are candles

set in the midst of repro ates.

It is for them that the Avenger comes.

III

&e who seek 'ustice have touched the face of grief,

asking mercy for neigh or and friend"

we have la ored to secure and expose the truth,

ut have een re uffed y proud, sanctimonious liars

who loat themselves on pirated fruits,

the spoils of countrymen and kin.

-ow shall we greet the Avenger who comes$

Shall we demand 'ustice, or again ask mercy,

That the repro ate, or at least his attendant, e spared$

an eador" Fe ruary /0, 1223" F C+4exington, at 4exington, 5entucky


3/108

Ta)le of Contents

IntroductionThe /che e & Its ffect

The 1east Co on eno inatorsThe Codes Are nraveled

%asic & ssential Authorities%rea+do3n of ru & Internal Revenue 1a3s

I. A**lication of ederal ru Control 1a3sII. A**lication of Internal Revenue Code Ta5in Authority

nderlyin Co *ro ise of the ./. 'arshalTerritorial 6urisdiction of ederal 1a3 nforce ent Co unity

nd 7a e Alternatives

Introduction

In the last decade increasin nu )ers have 8oined the effort to unravel ho3 ederal /tate and localovern ents a+e 3hat a ount to end runs around constitutional li itations. The *ur*ose of thisco *osition is to )rin the fruit of the )est research into focus and construct a reasona)lyco *rehensive *icture of the aca)re sche e that under ines soverei nty and solvency of the nation.

As the ori inal and first revision of this discourse circulated other *eo*le )e an res*ondin 3ithadditional research and constructive criticis a+in e5*ansion and ore authoritative detail*ossi)le. 9articular than+s o to 9aul 'itchell Ti othy 'cCrory and 6. :als)roo+. Those 3ho adefactual and conce*tual )rea+throu hs that contri)uted to the ori inal co *osition are too nu erousto na e.

ale 9ond of Tulsa O+laho a edited the ori inal and has continued to revie3 each revision 3ith theo)8ective of hel*in fra e technical aterial dred ed fro tens of thousands of *a es of historicaldocu ents and overn ent le alese so ost any literate *erson can read and ras* )oth su)stanceand i *lications of *ossi)ly the ost dia)olical sche e ever *er*etrated a ainst a develo*ed nation.

A ere ;than+ you; is inadee )elieve our nation 3as esta)lished in a unihile theConstitution does not s*ecifically credit 7od as ulti ate authority any of the en 3ho *artici*atedin the Constitutional Convention 3ere also dele ates to the /econd Continental Con ress and hadsi ned the eclaration of Inde*endence *led in lives fortunes and sacred honor to the cause ofli)erty.

The eclaration of Inde*endence 8ustified severance fro %ritish rule )y the ;1a3s of Bature and
http://d/articles/tyranny.htm#INTRODUCTIONhttp://d/articles/tyranny.htm#SCHEMEhttp://d/articles/tyranny.htm#DENOMINATORShttp://d/articles/tyranny.htm#UNRAVELEDhttp://d/articles/tyranny.htm#AUTHORITIEShttp://d/articles/tyranny.htm#BREAKDOWNhttp://d/articles/tyranny.htm#APPLICATIONhttp://d/articles/tyranny.htm#IRChttp://d/articles/tyranny.htm#MARSHALhttp://d/articles/tyranny.htm#TERRITORIALhttp://d/articles/tyranny.htm#ENDhttp://d/articles/tyranny.htm#INTRODUCTIONhttp://d/articles/tyranny.htm#SCHEMEhttp://d/articles/tyranny.htm#DENOMINATORShttp://d/articles/tyranny.htm#UNRAVELEDhttp://d/articles/tyranny.htm#AUTHORITIEShttp://d/articles/tyranny.htm#BREAKDOWNhttp://d/articles/tyranny.htm#APPLICATIONhttp://d/articles/tyranny.htm#IRChttp://d/articles/tyranny.htm#MARSHALhttp://d/articles/tyranny.htm#TERRITORIALhttp://d/articles/tyranny.htm#END


4/108

Bature s 7od; -- *hysical and oral la3 an can neither author nor a end. These are the t3o reat)ranches of natural la3 ac+no3led ed since ti e e orial even in civilizations that did not 3orshi*the Creator 7od ac+no3led ed )y Christian and 6e3ish reli ions. The Constitution *reserves these*rinci*les )y reco nizin soverei nty of the *eo*le and *reservin unaliena)le ri hts articulated in the

eclaration of Inde*endence. The Constitution ust )e understood in this conte5t the linea e )eina**ro5i ately si5 *rior centuries in 3hich *rinci*les of n lish-A erican co on la3 3ere ti e-tested *roven and articulated.

Central to this understandin is that no)ody is a)ove the la3 and no an ade la3 contrary to the1a3s of Bature and Bature s 7od is or can )e le iti ate as it is destructive to the )ody *olitic and thecultural fa)ric. Those 3ho usur* *o3er not enu erated in and s*ecifically dele ated )y theConstitution are in re)ellion a ainst an nature and 7od -- they are re*ro)ate. As they *ursue self-servin ends they )reach *u)lic trust threaten *eace and do estic tranhile this effort addresses details of the sche e that under ines and co *ro ises the soverei nA erican *eo*le 7ail and I stand fir in the )elief that 7od )lessed A erica fro the )e innin andin the latter T3entieth Century is e5*osin the fraud throu h *eo*le *re*ared for and a**ointed tothe tas+. The eans of *eaceful correction can and should )e *ri arily throu h e5*osure --docu entation and disclosure of truth. Truth 3ill ulti ately *revail.

9onca City O+laho a

The /che e & Its ffect

7overn ents of the nited /tates the nion of several /tates and *ossessions of the nited /tates aree )roiled in a sche e +no3n as Coo*erative ederalis so eti es identified si *ly as ederalis .The nonconstitutional sche e *resu es that each of the several /tates is an instru entality of the

nited /tates on a *ar 3ith insular *ossessions of the nited /tates!

rather than se i-inde*endent/tate re*u)lics (!$ restricted only )y constitutional *rohi)itions and andates and (2$ su)8ect only toconstitutionally-enu erated *o3ers of the nited /tates.

This sche e 3as ade *ossi)le )y e er ence of a second overn ent. Det even today those notfa iliar 3ith the t3o ca*acities of nited /tates overn ent find it difficult to ras* i *lications.:o3ever so e 3ho held res*onsi)le *ositions 3hen the second or shado3 overn ent e er ed sa3the dan er. 6ustice :arlan a 8ustice on the /u*re e Court of the nited /tates 3as a on the . Oneof his ore lucid criticis s 3as 3ritten in his dissentin o*inion in o3nes v. %id3ell (!"0!$ the firstof four insular ta5 cases that *rovided a conce*tual *latfor for the current de facto (authority in fact)ut 3ithout la3$ syste that en ulfs not only insular *ossessions of the nited /tates )ut /tate

re*u)lics *arty to the ConstitutionE

The idea *revails 3ith so e -- indeed it found e5*ression in ar u ents at the )ar -- that 3ehave in this country su)stantially or *ractically t3o national overn ents one to )e aintainedunder the constitution 3ith all its restrictionsF the other to )e aintained )y Con ress outsideand inde*endently of that instru ent )y e5ercisin such *o3ers as other nations of the earthare accusto ed to e5ercise. It is one thin to ive such a latitudinarian construction to theConstitution as 3ill )rin the e5ercise of *o3er )y Con ress u*on a *articular occasion oru*on a *articular su)8ect 3ithin its *rovisions. It is


5/108

e5ercise of ar)itrary unli ited *o3er and the li its of 3hich instru ent ay not )e *assed )ythe overn ent it created or )y any )ranch of it or even )y the *eo*le 3ho ordained it e5ce*t)y a end ent or chan e of its *rovisions. 2

The nited /tates via constitutionally-dele ated *o3ers 3hich are statutorily activated )y Con resscarries out certain res*onsi)ilities in relation to the several /tates *arty to the Constitution and the*eo*le of the several /tates )ut Con ress has 3hat is descri)ed as *lenary or near-a)solute *o3er interritory )elon in to the nited /tates. The insular ta5 cases addressed a uni


6/108

survey since !""0 has reflected that si5ty *ercent or ore of the nation s eli i)le voters distrusts*oliticians and *olitical institutions do3n to and includin local school )oards. %y /e*te )er !""= thedistrust level to**ed 2H and )y 'ay !""? 3ent over #0HF in Bove )er !""? only 4"H of thenation s re istered voters )othered to vote 3hich 3as a distressin nu )er due lar ely to only @=-40Hof those eli i)le to vote havin even re istered. Conseith solid conce*tual footin ener y can )e focused on

untan lin the aze then de*loyin strate ies to *eacefully and la3fully correct the syste . /cri*ture
http://d/articles/tyranny.htm#FN04http://d/articles/tyranny.htm#FN05http://d/articles/tyranny.htm#FN06http://d/articles/tyranny.htm#FN04http://d/articles/tyranny.htm#FN05http://d/articles/tyranny.htm#FN06


7/108

s*ea+s to the atter in t3o conte5ts 3hich are funda ental to the effortE The re*ro)ate 3ill )e cau htin his o3n snare and in his second letter to Ti othy the A*ostle 9aul foretold that the re*ro)ate3ould *roceed no further as he 3ould )e e5*osed for all the 3orld to see. These t3o a**roaches arefunda ental to *eacefully restorin constitutional rule.

The 1east Co on eno inators

irtually every ederal initiative in the nion of several /tates in )oth civil and cri inal actions isdefective )y virtue of )ein 3ithout la3ful authority. All cases are *rosecuted in nited /tates istrictCourts # in the na e and )y authority of the nited /tates of A erica. At first )lush these facts seele iti ate and innocent enou h )ut the underlyin difficulty is a+in to re e )erin if the order ofstri*es on the deadly coral sna+e is red then )lac+ or red then yello3. The ; nited /tates istrictCourt; isn t 3hat it see sF the ; nited /tates of A erica; isn t 3hat it see s either.

These are fatal fla3s. Only district courts of the nited /tates as defined at 2# ./.C. L 4=! " (/ection4=! of Title 2# of the nited /tates Code$ and three re ainin territorial courts !0 are courts of the

nited /tates. nited /tates istrict Courts situated in the nion of several /tates are *rivate courtsFthey do not e5ercise Article III or Article I (le islative-territorial$ 8udicial authority of the nited/tates.

The Article III district court 3as defined in a !"@# /u*re e Court decision styled 'oo+ini v. nited/tates as follo3sE

The ter ; istrict Courts of the nited /tates ; as used in the rules 3ithout an additione5*ressin a 3ider connotation has its historic si nificance. It descri)es the constitutionalcourts created under article @ of the Constitution. Courts of the Territories are le islativecourts *ro*erly s*ea+in and are not istrict Courts of the nited /tates. >e have often heldthat vestin a territorial court 3ith 8urisdiction si ilar to that vested in the istrict Courts ofthe nited /tates does not a+e it a ; istrict Court of the nited /tates.; !!

The le iti ate territorial court desi nated as a nited /tates istrict Court 3as defined )y the/u*re e Court in %alzac v. 9orto Rico in !"22E

The nited /tates istrict Court is not a true nited /tates court esta)lished under article @ ofthe Constitution to ad inister the 8udicial *o3ers of the nited /tates therein conveyed. It iscreated in virtue of the soverei n con ressional faculty ranted under article 4 L @ of thatinstru ent of a+in all needful rules and re ulations res*ectin the territory )elon in to the

nited /tates. The rese )lance of its 8urisdiction to that of true nited /tates courts inofferin an o**ortunity to nonresidents of resortin to a tri)unal not su)8ect to local influencedoes not chan e its character as a ere territorial court. !2

One of the )etter listin s of ;courts of the nited /tates; is the definition of courts 3hich theAd inistrative Office of nited /tates Courts has 8urisdiction over at 2# ./.C. L ?!0. :o3ever thislist is dated. /ince the definition 3as last a ended the nited /tates istrict Court for the Canal Monehas )een a)olished and the territorial court ( nited /tates istrict Court$ for the Borthern 'arianaIslands has )een addedE

As used in this cha*ter the 3ord ;courts; includes the courts of a**eals and district courts ofthe nited /tates the nited /tates istrict Court for the istrict of the Canal Mone the

istrict Court of 7ua the istrict Court of the ir in Islands the nited /tates Court ofederal Clai s and the Court of International Trade.
http://d/articles/tyranny.htm#FN07http://d/articles/tyranny.htm#FN07http://d/articles/tyranny.htm#FN08http://d/articles/tyranny.htm#FN09http://d/articles/tyranny.htm#FN09http://d/articles/tyranny.htm#FN10http://d/articles/tyranny.htm#FN10http://d/articles/tyranny.htm#FN11http://d/articles/tyranny.htm#FN12http://d/articles/tyranny.htm#FN07http://d/articles/tyranny.htm#FN08http://d/articles/tyranny.htm#FN09http://d/articles/tyranny.htm#FN10http://d/articles/tyranny.htm#FN11http://d/articles/tyranny.htm#FN12


8/108

alidity of this definition of courts of the nited /tates is reinforced )y re ulations enerated for the7eneral Accountin Office in the definition of ;a ency; at 4 C R L "!.2E

L "!.2 efinitions.

(a$ Agency eans --

(!$ An e5ecutive a ency as defined in = ./.C. !0= includin the 7eneral Accountin Office

(2$ The 7overn ent 9rintin Office

(@$ The 1i)rary of Con ress

(4$ The Office of the Architect of the Ca*itol

(=$ The %otanic 7arden and

(?$ The Ad inistrative Office of the nited /tates Courts the ederal 6udicial Center and anyof the courts set forth in section ?!0 of title 2# ./. Code. /ection ?!0 defines ;courts; to

include the courts of a**eals and district courts of the nited /tates the nited /tates istrictCourt for the istrict of the Canal Mone the istrict Court of 7ua the istrict Court of their in Islands the nited /tates Clai s Court and the Court of International Trade.

The 7eneral Accountin Office is eneral a ent of the Treasury of the nited /tates res*onsi)le forsettlin all clai s of or a ainst the nited /tates so reiteration of 2# ./.C. L ?!0 as authoritative 3ithres*ect to identifyin la3ful courts of the nited /tates conclusively de onstrates that nited /tates

istrict Courts situated in the nion of several /tates are not la3ful courts of the nited /tates.I *lications of the 7AO ado*tin this definition as identifyin la3ful courts of the nited /tates are

ore than interestin and at so e *oint in the future should )e useful in securin redress of rievancein ad inistrative and 8udicial foru s.

A so e3hat different )ut ay)e clearer a**roach is used in the definition at 2# ./.C. L !#?"(f$. Thissu)section ;defines; 3hat courts of the nited /tates are authorized )y statute to convene rand and*etit (trial$ 8uries and effectively )rid es civil and cri inal so far as la3ful courts of the nited /tatesare concernedE

(f$ ;district court of the nited /tates; ;district court; and ;court; shall ean any districtcourt esta)lished )y cha*ter = of this title and any court 3hich is created )y Act of Con ress ina territory and is invested 3ith any 8urisdiction of a district court esta)lished )y cha*ter = ofthis title...

Cri inal 8urisdiction of the nited /tates found at !# ./.C. L @2@! is vested in ;district courts of thenited /tates; not ; nited /tates istrict Courts; and the sa e is true in civil foru s in title 2# ofthe nited /tates Code. !@ /ections of the Code 3hich reflect 8urisdiction si ilar to district courts of the

nited /tates in territorial courts are found for the ost *art in title 4# Territories and Insular9ossessions. The ir in Islands territorial court is uni


9/108

situated in the nion of several /tates *arty to the Constitution. They are not courts created )yCon ress -- they are *rivate courts created )y a 8udicial consortiu . These fol+s ar)ed in )lac+ 3erefor the ost *art a**ointed under authority of Article III L ! of the Constitution to *reside in la3fulcourts of the nited /tates )ut 3ithout constitutional or statutory authority elected to set u* a systeof *rivate courts 3hich o*erates under the territorial illusion.

>henever territories of the nited /tates 3ere ad itted to the nion Article I territorial courts 3erere*laced )y Article III district courts of the nited /tates. 9rior to the !"20s ho3ever there doesn t

see to have )een any real distinction in te5t so far as the district court of the nited /tates v. thenited /tates istrict Court is concerned. The *ro)le 3as resolved via /u*re e Court definition in%alzac v. 9orto Rico (!"22$. :o3ever in at least so e le islation court no enclature 3as avoided as3as the case in the 8udiciary act of 'arch @ !"!! in statutory lan ua e overnin transition froterritorial to Article III courts. The fact that the territorial courts 3ere a)olished 3ith ad ittance of aterritory to the nion of several /tates is verified in LL ?2-?4 of the act of 'arch @ !"!! ch. 2@! @?/tat. !!04E

/ec. ?!. >hen any Territory is ad itted as a /tate and a district court is esta)lished therein allthe records of the *roceedin s in the several cases *endin in the hi hest court of said Territoryat the ti e of such ad ission and all records of the *roceedin s in the several cases in 3hich

8ud ents or decrees had )een rendered in said territorial court )efore that ti e and fro3hich 3rits of error could have )een sued out or a**eals could have )een ta+en or fro 3hich3rits of error had )een sued out or a**eals had )een ta+en and *rosecuted to the /u*re eCourt or to the circuit court of a**eals shall )e transferred to and de*osited in the districtcourt for the said /tates.

/ec. ?@. It shall )e the duty of the district 8ud e in the case *rovided in the *recedin section tode and of the cler+ or other *erson havin *ossession or custody of the records therein

entioned the delivery thereof to )e de*osited in said district courtF and in case of the refusalof such cler+ or *erson to co *ly 3ith such de and the said district 8ud e shall co *el thedelivery of such records )y attach ent or other3ise accordin to la3.

/ect. ?4. >hen any Territory is ad itted as a /tate and a district court is esta)lished thereinthe said district court shall ta+e co nizance of all cases 3hich 3ere *endin and undeter inedin the trial courts of such Territory fro the 8ud ents or decrees to )e rendered in 3hich3rits of error could have )een sued out or a**eals ta+en to the su*re e Court or to the circuitcourt of a**eals and shall *roceed to hear and deter ine the sa e.

The sections a)ove 3ere derived fro LL =? -=?# of the Revised /tatutes of !# # *a e " so they3eren t ne3 in !"!! or even !# # )ut ori inated a considera)le ti e )efore. They clearly de onstratethat the nature of courts of the nited /tates is an eitherJor *ro*ositionE ither they ust )e districtcourts of the nited /tates vested 3ith 8udicial *o3er of the nited /tates via Article III L ! of theConstitution or they ust )e Article I le islative courts 3ith territorial courts havin 8urisdictionli ited to territory su)8ect to Con ress Article I L @.2 le islative authority. There is no statutory*rovision or 8ustification for aintainin territorial courts once a territory of the nited /tates isad itted to the nion of several /tates. >hen a territory is ad itted to the nion only Article IIIcourts of the nited /tates ay a+e deter inations that de*rive the soverei n *eo*le of life li)ertyor *ro*erty. The ifth Article of A end ent as 3ell as the ;arisin under; clause at Article III L 2.!of the Constitution cannot )e a)rid ed )y Con ress or the 8udicial )ranch of overn ent.

The eans )y 3hich Con ress vests territorial courts 3ith 8udicial authority si ilar to that of ArticleIII district courts of the nited /tates is de onstrated in lan ua e e *loyed to esta)lish 8urisdictionof the istrict Court of 7ua at 4# ./.C. L !424E


10/108

/ec. !424. istrict Court of 7ua F local courtsF 8urisdiction

(a$ istrict Court of 7ua F local courts

The 8udicial authority of 7ua shall )e vested in a court of record esta)lished )y Con ressdesi nated the ; istrict Court of 7ua ; and such local court or courts as ay have )een orshall hereafter )e esta)lished )y the la3s of 7ua in confor ity 3ith section !424-! of thistitle.

()$ 6urisdiction

The istrict Court of 7ua shall have the 8urisdiction of a district court of the nited /tatesincludin )ut not li ited to the diversity 8urisdiction *rovided for in section !@@2 of title 2#and that of a )an+ru*tcy court of the nited /tates.

(c$ Ori inal 8urisdiction

In addition to the 8urisdiction descri)ed in su)section ()$ of this section the istrict Court of7ua shall have ori inal 8urisdiction in all other causes in 7ua 8urisdiction over 3hich is not

then vested )y the le islature in another court or other courts esta)lished )y it. In causes)rou ht in the district court solely on the )asis of this su)section the district court shall )econsidered a court esta)lished )y the la3s of 7ua for the *ur*ose of deter inin there


11/108

9rea )le of the Constitution of the nited /tatesE ;>e the 9eo*le of the nited /tates.. ; esta)lishedthe Constitution ;... for the nited /tates of A erica.; The nited /tates of A erica also has afunction in Article II of the ConstitutionE %y 3ay of electoral colle e the 9resident is elected 9residentof the nited /tates of A erica then at his inau uration is s3orn in )y oath as 9resident of the nited/tates.

The relationshi* of the nion of several /tates *arty to the Constitution desi nated as the nited/tates of A erica in the Articles of Confederation is so e3hat on the order of e )er nations 3ho

*artici*ate in the nited Bations. %y 3ay of charter si natory nations esta)lished the nited Bations)ut the charter does not vest unilateral authority in any of the *artici*atin nationsF all actions of thenited Bations re ardless of 3hat nations *artici*ate are en a ed in the na e and )y authority of

the nited Bations. The Constitution of the nited /tates enu erates certain *o3ers vested in theovern ental entity +no3n and desi nated as the nited /tates not the nited /tates of A erica.

Analo ously su**ose several *eo*le decide to underta+e an enter*rise of so e sort. 'ay)e they 3antto )uild cars. They i ht create a cor*oration 3hich is a le al fiction and i ht na e the le al fiction;a ent; res*onsi)le for carryin out the enter*rise the ord 'otor Cor*oration 7eneral 'otorsChrysler or anythin else. 1i+e3ise dele ates of the nited /tates of A erica co *act could havena ed the confederation a ent anythin they 3anted to. Rather than the ; nited /tates; they i hthave na ed the desi nated overn ental entity the ;Confederated Authority;. The sense of 3hat theydid is related in the first three articles of the Articles of ConfederationE

Article I. The /tile of this confederacy shall )e ;The nited /tates of A erica;.

Article II. ach state retains its soverei nty freedo and inde*endence and every 9o3er6urisdiction and ri ht 3hich is not )y this confederation e5*ressly dele ated to the nited/tates in Con ress asse )led.

Article III. The said states here)y severally enter into a fir lea ue of friendshi* 3ith eachother for their co on defence the security of their 1i)erties and their utual and eneral3elfare )indin the selves to assist each other a ainst all force offered to or attac+s adeu*on the or any of the on account of reli ion soverei nty trade or any other *retence3hatever.

ssentially the sa e li itations on nited /tates authority is articulated in the Binth and TenthA end ents to the ConstitutionE

Binth Article of A end ent

The enu eration in the Constitution of certain ri hts shall not )e construed to deny ordis*ara e others retained )y the *eo*le.

Tenth Article of A end ent

The *o3ers not dele ated to the nited /tates )y the Constitution nor *rohi)ited )y it to the/tates are reserved to the /tates res*ectively or to the *eo*le.

O)viously even the ori inal nited /tates of A erica had no si nificant constitutionally dele ated*o3ers -- the Constitution 3as ;for; the nited /tates of A erica its *ri ary function 3as todele ate authority to the nited /tates as the eneral overn ent a ent and therefore theConstitution is the Constitution of the nited /tates. The ori inal draft of the Constitution ade at theConstitutional Convention actually didn t have a title. The title 3as added for classification and other*ur*oses )ut the intent is clear even 3ithout the title. %ut su)stitutin the ; nited /tates of A erica;


12/108

for the ; nited /tates; as the *rinci*al of interest in ederal civil and cri inal initiatives is only the)e innin of fraud.

The nited /tates of A erica currently res*onsi)le for ederal civil and cri inal initiatives is not theori inal. It is a *olitical coalition co *act or alliance of insular *ossessions of the nited /tatessu)8ect to soverei nty of the nited /tates via Con ress *lenary *o3er (near-a)solute$ in territory)elon in to the nited /tates under authority of Article I /ec. @ cl. 2 of the Constitution. !? %y 3ayof various sections of the nited /tates Code dele ations of authority treaties etc. 3e +no3 the

su)stitute ; nited /tates of A erica; is territorial it is a 8urisdiction forei n to the nited /tates andit is defined as an a ency of the nited /tates (see notes follo3in !# ./.C. L !00! and !# ./.C. L ?!""4 edition derived fro !# ./.C. L #0 !"40 edition$. The entity is very *ro)a)ly classified ordesi nated as a unici*al cor*oration.

%y *uttin the ; nited /tates; and the ; nited /tates of A erica; in the sa e statute or re ulationthe t3o entities are distin uished as )ein uni


13/108

students I +e*t runnin into 3hat I thou ht 3as the sa e uy. It 3as disconcertin )ecause he 3ouldsho3 u* in *laces that didn t a+e sense. I i ht see hi so e3here then see hi a second *lace and3onder ho3 he ana ed to et fro one *lace to the other ahead of e. Confusion 3as resolved 3henI sa3 loo+-ali+es to ether -- they 3ere identical t3ins.

The e5a *les aren t *recisely the sa e as the ; nited /tates; not )ein the ; nited /tates ofA erica ; )ut +no3in there are t3o entities identified as the ; nited /tates of A erica; hel*s thenseein the ; nited /tates; and the ; nited /tates of A erica; clearly set out in the sa e section of the

nited /tates Code or the Code of ederal Re ulations *rovides the eans for conce*tual clarificationand orientation. >e can de onstrate that ;The nited /tates is not the nited /tates of A erica ;then de onstrate )y 3ay of the Constitution and la3s of the nited /tates that the nited /tates notthe nited /tates of A erica has la3ful authority in the nion of several /tates *arty to theConstitution.

Ironically *ro*er *rinci*al and 8udicial authority are tied to ether in the Internal Revenue Code at 2?./.C. L 402. This section in su)section (a$ is s*ecific 3ith res*ect to the ; nited /tates; )ein the

la3ful *rinci*al of interest and the ;district court of the nited /tates; )ein the court 3hereovern ent ay secure la3ful re ediesE

(a$ To issue orders *rocess and 8ud ents

The district courts of the nited /tates at the instance of the nited /tates shall have such 8urisdiction to a+e and issue in civil actions 3rits and orders of in8unction and of ne exeatrepu lica orders a**ointin receivers and such other orders and *rocesses and to render such

8ud ents and decrees as ay )e necessary or a**ro*riate for the enforce ent of the internalrevenue la3s. The re edies here)y *rovided are in addition to and not e5clusive of any and allother re edies of the nited /tates in such courts or other3ise to enforce such la3s.

underscore added,

The ; nited /tates; ust )rin the action -- ;... at the instance of the nited /tates...; -- in a ;districtcourt of the nited /tates ; in all ;civil actions.;

'a+in a non-cri inal clai or co *laint in a court is a ;civil action ; and it ay )e in t3o differentfor s. It ay *roceed ;in the course of the co on la3 ; or ;in the course of the civil la3.; Theter inolo y of la3 is at )est confusin for ost *eo*le even 3here there is no dece*tive intent so thereis an inherent *ro)le of e5*lainin the eanin of 3ords and *hrases even for any *eo*le 3ho*ractice la3. The *ro)le is even 3orse 3here there is intentional dece*tion 3hich is the case for theInternal Revenue Code and other titles of the nited /tates Code.

The Internal Revenue Code is full of dece*tion. One e5a *le relates to forfeitures. In the InternalRevenue Code forfeitures are desi nated as ; in rem ; actions and are to )e e5ecuted in nited /tates

istrict Courts this sti*ulation at 2? ./.C. L @2@E

/ec. @2@. 6udicial action to enforce forfeiture.

(a$ Bature and venue.

The *roceedin s to enforce such forfeitures shall )e in the nature of a *roceedin in re in thenited /tates istrict Court for the district 3here such seizure is ade.

The nited /tates istrict Court is a territorial court and the in rem action is an ad iraltyJ ariti eaction 3hich *roceeds ;in the course of the civil la3 ; contrary to due *rocess in the course of theco on la3 secured )y the ifth /i5th and /eventh Articles of A end ent and *resu ed )y the


14/108

;arisin under; clause at Article III L 2.! of the Constitution. A ain it is necessary to understandter inolo y and i *lications of ter inolo y to ras* eanin of 2? ./.C. L @2@. :o3ever 3ith3hat has already )een addressed 3e can conclude that the current Internal Revenue Code does notauthorize seizures and forfeitures in the nion of several /tates *arty to the Constitution -- these*ortions of the Internal Revenue Code are li ited to territorial and ariti e 8urisdiction of the

nited /tates. Thus ;venue; for forfeitures venue eanin territorial 8urisdiction is deter ined inthe conte5t of L @2@ )y desi nation of the territorial court rather than the Article III district court ofthe nited /tates as the court 3ith authority to effect seizures and forfeitures. Only three le iti ateterritorial courts re ain desi nated via !""4 le islation at !# ./.C. L 2@ -- nited /tates istrictCourts of 7ua the Borthern 'ariana Islands and the ir in Islands. Therefore *er 2? ./.C. L

@2@ all suits for seizure and forfeiture ust )e in one of the three re ainin territorial courts not indistrict courts of the nited /tates situated in the nion of several /tates *arty to the Constitution.

That the ; nited /tates; not the ; nited /tates of A erica; is the constitutionally and statutorily-authorized *rinci*al of interest and ust therefore )e the *rosecutin *arty via la3ful courts of the

nited /tates is reasona)ly easy to trac+ throu h statutory authority relatin to revenue la3s. %yoin to the !"@4 edition of the nited /tates Code authority of the ; nited /tates; is verified for

actions to enforce forfeitures etc. Authority is found at 2# ./.C. L @2 !"@4 ed. as follo3sE

L @2. /uits for duties i *osts ta5es *enalties or forfeitures. All suits for the recovery of anyduties i *osts or ta5es or for the enforce ent of any *enalty or forfeiture *rovided )y any actres*ectin i *osts or tonna e or the re isterin and recordin or enrollin and licensin ofvessels or the internal revenue or direct ta5es and all suits arisin under the *ostal la3s shall)e )rou ht in the na e of the nited /tates. underscore added,

The ori in of 2# ./.C. L @2 !"@4 ed. is L "!" of the Revised /tatutes of !# # the )e innin -*lace forthe nited /tates Code. %y oin to the Revised /tatutes of !# # 3e can co *are the section 3ith thatin the Code to see *ro*er authorityE

/ec. "!". All suits for the recovery of any duties i *osts or ta5es or for the enforce ent of any*enalty or forfeiture *rovided )y any act res*ectin i *orts or tonna e or the re isterin andrecordin or enrollin and licensin of vessels or the internal revenue or direct ta5es and allsuits arisin under the *ostal la3s shall )e )rou ht in the na e of the nited /tates.

underscore added,

The !"@4 ./.C. section du*licates L "!" of the Revised /tatutes of !# # the Revised /tatutes of !# #*rovidin the *oint of de arcation for current la3 of the nited /tates. Annotation to L "!" of theRevised /tatutes of !# # cite ori inal le islation as follo3sE Act of 4 Au . ! "0 c. @= s. ? v. ! *. ! ?.@! ec. ! "2 c. ! s. 2" v. ! *. 2"#. !# e). ! "@ c. #. s. @= v. ! *. @! . 2 'ar. ! "" c. 22 s. #" v. !**. ?"= ?"?. !@ 6uly !#?? c. !#4 s. " v. !4 **. !!! !4=. # 6une !# 2 c. @@= s. @0@ v. ! *. @2@.

Additionally the /u*re e Court of the nited /tates has deter ined authority of the ; nited /tates;to sue in the a)sence of statutory authority s*ecifyin the *rinci*al. In the a)sence of statutoryauthority or statutes to the contrary the Attorney 7eneral ay initiate suit in the na e and )yauthority of the nited /tates ( nited /tates v. /an 6acinto Tin Co. !2= ./. 2 @ (!###$F nited /tatesv. %ee)e !2 ./. @@# (!###$F nited /tates v. %ell Tele*hone Co. !2# ./. @!= (!###$$.

inally the atter is ulti ately *ut to rest )y the ori inal 8udiciary act of /e*te )er 24 ! #". Thefirst section 3hich s*ea+s to authority of the nited /tates is L " ! /tat. ?E

/ec. ". And e it further enacted That the district courts (c$ shall have e5clusively of the courtsof the several /tates co nizance of all cri es and offences that shall )e co niza)le under theauthority of the nited /tates...


15/108

Actions of a civil nature are addressed in !! ! /tat. #E

/ec. !!. And e it further enacted, That the circuit courts shall have ori inal co nizanceconcurrent 3ith the courts of the several /tates of all suits of a civil nature at co on la3 or ine


16/108

la3s of the nited /tates and the several /tates. The codes are erely classification syste sF in and ofitself the nited /tates Code does not vest a franchise of authority in any officer de*art ent ora ency of the nited /tates and does not create a lia)ility or )enefit for any)ody. The sa e is true for/tate codes. 1a3s of the nited /tates are *u)lished annually in the /tatutes at 1ar eF la3s enacted )y/tate le islatures are *u)lished in /tate session la3s follo3in each session of the le islature. /o far asthe nited /tates Code is concerned even those titles enacted as so-called ;*ositive la3; are erely;le al evidence; of la3s of the nited /tatesF titles 3hich have not )een enacted as *ositive la3 are;*ri a facie; ()y a**earance$ the la3. !

The nited /tates Code 3as first *u)lished in !"2?. It has never )een ore than a classification systefor la3s of the nited /tates. The first edition 3as )ased on the Revised /tatutes of !# # and sessionla3s *u)lished in the /tatutes at 1ar e throu h !"2?. ach year there is a su**le ent to the Code3ith la3s *assed in the i ediate *revious session then every si5 or so years a ne3 editionincor*orates ori inal le islation a end ents and re*eals enacted since the *revious edition 3as*u)lished. /u**le ents are then added each year until the ne5t ne3 edition is *u)lished. The !""4edition 3ith su**le ents is the si5th and current edition.

The *ur*ose of the nited /tates Code and its nature 3ere stated clearly in the 9reface to the !"2?edition the first *ara ra*h re*roduced hereE

This Code is the official restate ent in convenient for of the eneral and *er anent la3s ofthe nited /tates in force ece )er !"2= no3 scattered in 2= volu es -- i.e. the Revised/tatutes of !# # and volu es 20 throu h 4@ inclusive of the /tatutes at 1ar e. Bo ne3 la3 isenacted and no la3 re*ealed. It is *ri a facie the la3...

The fact that the nited /tates Code isn t la3 is de onstrated )y L @@ of the Act of 6une 2= !"4# c.?4? ?2 /tat. ""! the act 3hich *ur*ortedly enacted title 2# 6udiciary and 6udicial 9rocedure into*ositive la3E

Bo inference of a le islative construction is to )e dra3n )y reason of the cha*ter in Title 2#

6udiciary and 6udicial 9rocedure as set out in section ! of this Act in 3hich any section is*laced nor )y reason of the catchlines used in such title.

>hat is le islative constructionN 1e islative construction deter ines a**lication in so e 3ayidentifies source of authority etc. Any iven section in the nited /tates Code is se*arated fro itstitle enactin clause and other essentials necessary to deter ine a**lication. It is evidence of la3 )utit is not the la3.

The first three editions of the Code 3ere reasona)ly strai htfor3ard (!"2? !"@4 & !"40$ then in !"4#and after an a al a ation *rocess )e an 3hich conver es and distorts sections fro various titles inthe !"40 edition. The current 2# ./.C. L !@2 addressed in an earlier footnote er es sections of the

!"40 edition fro titles 2# 6udiciary and 6udicial 9rocedure and 4# Territories and Insular9ossessions the latter relatin *rinci*ally to the territorial court of :a3aii *rior to :a3aii )einad itted as a /tate of the nion. The section is an a al a ation of t3o or ore sections fro*revious editions of the nited /tates Code and Acts of Con ress 3ith the conse


17/108

These notes *rovide the history and cites in the /tatutes at 1ar e 3here the ori inal act and a8ora end ents are located. %y oin to the ori inal act citation in the /tatutes at 1ar e the )e innincite can )e secured then that cite andJor the *o*ular na e of any iven *iece of le islation can )efound in the istri)ution Ta)les in the nited /tates Code. The istri)ution Ta)les *rovide a section-)y-section )rea+do3n of the )ill *u)lished in the /tatutes at 1ar e directin to 3here *ieces of thele islation are located in the nited /tates Code.

or e5a *le ta5in authority for /u)titles A and C and ad inistrative and 8udicial sections in

/u)title of Title 2? the Internal Revenue Code are a8or sources of rief for *eo*le across thecountry. /u)title A contains *articulars relatin to 3hat ost A ericans +no3 as the ;inco e ta5; --technically the ;nor al ta5 ; enacted as a *rivile e ta5 a ainst officers e *loyees and a ents of

nited /tates 7overn ent in !"!" or )efore. /u)title C includes statutory authority for /ocial/ecurity ta5 other social 3elfare ta5es and authority for *ayroll deductions. Today ele ents of thenor al ta5 and /ocial /ecurity-related le islation are scattered throu h titles = 2? @! 42 and othertitles. 7enerally s*ea+in 8udicial *rocedure for collection of these ta5es 3hen delinhen*ro*er use of the Code is understood it is a handy tool )ut it is not la3 of the nited /tates -- it iserely evidence of la3. %ecause of classification er in and editin distortions it is no lon er even

relia)le evidence e5ce*t for those 3illin to 3ade throu h volu es of le alese.

The Code of ederal Re ulations has a corres*ondin findin aid called the 9arallel Ta)le ofAuthorities and Rules authorized )y the ederal Re ister Act at 44 ./.C. L !=!0. !" The 9arallelTa)le of Authorities and Rules alon 3ith other findin aids is located in the Inde5 volu e of theCode of ederal Re ulations. The Code of ederal Re ulations )ears a**ro5i ately the relationshi* tothe ederal Re ister as the nited /tates Code does to the /tatutes at 1ar e 3ith findin aids in theInde5 *rovidin the )rid e )et3een statutes and re ulations (see 44 ./.C. L !=0 $.

The 9arallel Ta)le of Authorities and Rules lists sections and titles of the nited /tates Code innu erical order 3ith sections that have *u)lished re ulations listed havin eneral a**lication ora**lication li ited to the re ulation listed and those not listed havin li ited a**lication to (!$

overn ent of the nited /tates (see = ./.C. LL @0! & @02$ (2$ territories and insular *ossessions ofthe nited /tates andJor (@$ ad iralty and ariti e 8urisdiction of the nited /tates.

In this sche e any statute *ro ul ated )y Con ress ust )e 3ed to an ad inistrative re ulation)efore it has the force and effect of la3. 20 ia a statute *ro ul ated )y Con ress in co *liance 3ithArticle I L of the Constitution Con ress effectively says ;This is the la3 ; then the 9resident or ane5ecutive officer )y re ulation says ;This is the a**lication and the 3ay the statute 3ill )e enforced.;

One is inco *lete 3ithout the otherF until a le iti ate statute and eneral a**lication re ulation are 8oined there can )e no eneral a**lication save as is a**lica)le to the three li ited and s*ecial 8urisdictions listed a)ove.

Another secret --the irector of the Ad inistrative Office of Courts of the nited /tates is res*onsi)lefor *u)lishin re ulations overnin conduct and o*eration of court officers and *ersonnel such ascler+s *ro)ation officers and the li+e (see 2# ./.C. LL ?0@(a$(!$ & ?0@(f$$. It does not a**ear thatthese re ulations are *u)lished in the Code of ederal Re ulations )ut ust )e secured fro thatoffice. They are re


18/108

attached to the courts are +ee*ers at the ate. :avin re ulations in hand is vital to forcinco *liance or filin co *laints for re oval andJor *rosecution. 2!

Bearly all /tates 8oined to the Coo*erative ederalis sche e have ado*ted the niforAd inistrative 9rocedures Act 3hich sets out re ulatory re


19/108

/overei nty as such is vested and resides in the *eo*leF the *eo*le divest the selves of 3hateverres*onsi)ilities they 3ant overn ents to tend to )y 3ay of *o3ers enu erated in a**lica)leconstitutions.

Throu h the %ill of Ri hts of the Constitution of the nited /tates (first Ten Articles of A end ent$and )ills of ri hts in constitutions of the several /tates *arty to the Constitution the A erican *eo*les*ecifically retained certain ri hts 3hich 3ere articulated in the eclaration of Inde*endence (! ?$and in the n lish-A erican herita e as early as the 'a na Charta (!2!=$. The ri hts to life li)erty

and *ursuit of ha**iness articulated in the eclaration of Inde*endence restated as ri hts to lifeli)erty and *ro*erty in the ifth Article of A end ent 3ere and are essential to freedo and*ros*erity. These unaliena)le and therefore inse*ara)le ri hts 3hich are 3hat A erican foundersdescri)ed as self-evident truth are to freedo and *ros*erity as le s on a three-le ed il+in stool.To re ove any of the three le s effectively destroys the stool.

The Tenth Article of A end ent is *articularly i *ortant as it *rohi)its the overn ent of thenited /tates fro e5ercisin *o3er 3hich is not s*ecifically dele ated to it )y and enu erated in the

Constitution. >hen *ro*erly understood the Tenth Article of A end ent 3or+s so e3hat li+e avolley )all or tennis net se*aratin /tate and ederal authority. This fra es 3hat is called the/e*aration of 9o3ers octrine -- /tate and ederal overn ents are *ostured as the anti*odes oro**osite ends of authority 3ith one o*eratin inside the sco*e of its enu erated *o3ers 3hile theother o*erates in the sco*e of its enu erated and li ited *o3ers. Additionally the /e*aration of9o3ers octrine distin uishes res*onsi)ility of the three )ranches of overn ent -- e5ecutive and

8udicial )ranches do not have constitutional le islative authority le islative and ad inistrative)ranches do not e5ercise 8udicial authority and le islative and 8udicial )ranches do not ad inisterla3s of the nited /tates. ach )ranch has its role and 3ith fe3 li ited crossover areas that are rayin nature one does not *erfor the functions of the other.

This *rinci*le is e5*ressly articulated in /*rin er et al v. 7overn ent of the 9hili**ines Islands 4#/.Ct. 4#0 2 ./. !#" 2 1. d. 4#= (!"2#$ at 20! & 202E

It ay )e stated then as a eneral rule inherent in the A erican constitutional syste thatunless other3ise e5*ressly *rovided or incidental to the *o3ers conferred the 1e islaturecannot e5ercise either e5ecutive or 8udicial *o3erF the e5ecutive cannot e5ercise eitherle islative or 8udicial *o3erF the 8udiciary cannot e5ercise either e5ecutive or le islative *o3er.The e5istence in the various Constitutions of occasional *rovisions e5*ressly ivin to one of thede*art ents *o3ers 3hich )y their nature other3ise 3ould fall 3ithin the eneral sco*e of theauthority of another de*art ent e *hasizes rather than casts dou)t u*on the enerallyinviolate character of this )asic rule.

1e islative *o3er as distin uished fro e5ecutive *o3er is the authority to a+e la3s )ut notto enforce the or a**oint the a ents char ed 3ith the duty of such enforce ent. The latter aree5ecutive functions. It is unnecessary to enlar e further u*on the eneral su)8ect since it has sorecently received the full consideration of this court. 'yers v. nited /tates 2 2 ./. =2 4/.Ct. 2! ! 1. d. !?0.

Ori inal authority is vested in the three )ranches of ederal overn ent res*ectively )y theConstitution of the nited /tates. One cannot e5ercise constitutionally enu erated *o3ers of anotherFnone can e5ercise *o3er not dele ated )y the Constitution. The Constitution si ultaneously serves asan e *o3erin instru ent 3hile articulatin li itation in the ;Thou shalt not.. ; lan ua e of theTenth Article of A end ent.

The first essential authority 3here atters at hand are concerned )eyond the constitutionally-enu erated *o3er is statutory authority. The Constitution itself erely esta)lished the )ranches and


20/108

authorizes authority each ay e5ercise. At Article I L #.!# the Constitution s*ecifies that ; TheCon ress shall have 9o3er, To a+e all 1a3s 3hich shall )e necessary and *ro*er for carryin into

5ecution the fore oin 9o3ers and all other 9o3ers vested )y this Constitution in the 7overn ent ofthe nited /tates or in any e*art ent or Officer thereof.; The eans for enactin la3s is *rescri)edin Article I L .

Throu h this la3 a+in authority Con ress ay activate and enact all so e or none of any iven*o3er enu erated in the Constitution. This includes creatin offices andJor a encies. or e5a *le the

Attorney 7eneral has )een an officer in the ad inistration al ost fro the ti e Con ress firstconvened under the Constitution in ! #" (Act of /e*t. 24 ! #"$. The e*art ent of 6ustice 3asn tle islated into e5istence until !# 0 (Act of 6une 22 !# 0$. /ince then Con ress has vested certainres*onsi)ilities in the Attorney 7eneral andJor the e*art ent of 6ustice or so eti es inde*art ents Con ress has created in the e*art ent of 6ustice. %y 3ay of dele ation of authority )ythe Attorney 7eneral these various divisions of the e*art ent of 6ustice and de*art ents ora encies attached to the e*art ent of 6ustice are char ed 3ith carryin out res*onsi)ilities*rescri)ed )y statute.

One of the ore i *ortant statutory restrictions 3hich secures and reinforces Con ress authority isat 4 ./.C. LL ! & 2. The first of these sections esta)lishes territory 3ithin the current )orders of the

istrict of Colu )ia as the seat of overn ent for the nited /tatesF the second *rohi)its anyovern ent de*art ent fro o*eratin outside the istrict of Colu )ia save as Con ress authorizes

)y statuteE

/ec. 2. 9u)lic officesF at seat of 7overn ent

All offices attached to the seat of overn ent shall )e e5ercised in the istrict of Colu )ia andnot else3here e5ce*t as other3ise e5*ressly *rovided )y la3.

In this conte5t 3e see 3hat should )e la3ful constraint on the ederal %ureau of Investi ation )ye5a inin ori ins and statutory authority of the %IE Read notes follo3in 2# ./.C. L =@! to find thatCon ress didn t create the ederal %ureau of Investi ation. The %I si *ly a**eared in the

e*art ent of 6ustice -- it is an ad inistratively-created entity so cannot e5ceed authority ori inallyvested in the Attorney 7eneral or the e*art ent of 6ustice. /tatutory authority vested in the %I andthe Attorney 7eneral is found at 2# ./.C. L =@=E

The Attorney 7eneral and the ederal %ureau of Investi ation ay investi ate any violation oftitle !# involvin 7overn ent officers and e *loyees...

Ad inistrative creation of the %I is confir ed in The 6nited States !overnment anual !""?J"edition *a e @4"E

;The ederal %ureau of Investi ation 3as esta)lished in !"0# )y the Attorney 7eneral 3hodirected that e*art ent of 6ustice investi ations )e handled )y its o3n staff...;

>hat authority does the %I have to investi ate and other3ise )other *eo*le in the several /tatesother than 7overn ent officers and e *loyeesN e facto authority -- ;I can therefore I 3ill.; The %Ihas no statutory authority to distur) anyone in the nion of several /tates other than overn entofficers and e *loyees. Therefore 4 ./.C. L 2 in addition to constitutional li itations constrains

%I investi ations in the nion of several /tates to su)8ect atter *rescri)ed )y statute that )ein 2#./.C. L =@= cited a)ove.

The Internal Revenue /ervice and the %ureau of Alcohol To)acco and irear s are successors of the%ureau of Internal Revenue 9uerto Rico the %IR to IR/ na e chan e )ein effected )y T. .O. !=0-


21/108

2" in !"=@F %AT 3as s*lit fro IR/ in !" 2 )y ad inistrative order not )y Con ress statutoryauthority. Bo ne3 overn ental entity 3as created. These a encies 3hich are not *art of the

e*art ent of the Treasury of the nited /tates or the Treasury of the nited /tates have le iti ateauthority only in insular *ossessions and territorial 3aters )elon in to the nited /tates all of 3hichare su)8ect to Con ress *lenary *o3er under Article I L @.2 of the Constitution. Beither hasstatutory authority )eyond )orders of the istrict of Colu )ia save in insular *ossessions of the

nited /tates *er 4 ./.C. L 2.

The sa e statute conde ns nited /tates istrict Courts situated in the nion of several /tates andthe ; nited /tates of A erica; -- civil and cri inal *rocess in the nion of several /tates ust issue inArticle III district courts of the nited /tates in the na e and )y authority of the nited /tates(8udicial authority over cri inal actions in district courts of the nited /tates at !# ./.C. L @2@! &civil actions relatin to ta5 cases at 2? ./.C. L 402 cited else3here$.

Another e5a *le of necessary statutory authority is rules of *rocedure for 8udicial *rocess. %y 3ay of 8udiciary acts of ! #" and ! "2 district courts of the nited /tates 3ere esta)lished as co on la3courts. Cases and controversies ;arisin under; the Constitution and la3s of the nited /tates (ArticleIII L 2.! ;arisin under; clause$ and treaties enacted )y authority of the nited /tates are to *roceedin the course of the co on la3 as esta)lished in n land at the ti e the Constitution 3as

i *le ented.22

Current ederal Rules of Civil 9rocedure ederal Rules of Cri inal 9rocedure ederal Rules ofA**ellate 9rocedure /u*re e Court Rules and ederal Rules of vidence are *ro ul ated understatutory authority evidenced at 2# ./.C. LL 20 !-20 4 *articularly L 20 2 and are a**lica)le onlyin le iti ate nited /tates district courts not in district courts of the nited /tates.

This is one of the a8or dece*tion oves ade in !"4#. In the !"20s then a ain in the !"@0s Con ressauthorized the /u*re e Court to *rescri)e rules for ear. The Ordinance of ! # is *artof the or anic la3 of the nited /tates *u)lished in the first volu e of the current nited /tates Code.
http://d/articles/tyranny.htm#FN22http://d/articles/tyranny.htm#FN23http://d/articles/tyranny.htm#FN23http://d/articles/tyranny.htm#FN22http://d/articles/tyranny.htm#FN23


22/108

ifference )et3een due *rocess in the course of the co on la3 and due *rocess in the course of thecivil la3 is si nificant and so lon as the ifth /i5th and /eventh Articles of A end ent are in *laceCon ress has no authority to )astardize the clear and strai htfor3ard rules of co on la3 *rocess.There is in fact no statutory authority for er er of rules overnin *rocess for actions at la3 3ithactions in ehat is the source of authority and a**lication forany iven statute 3hich ay )e ;evidenced; )y a section of the nited /tates CodeN

uestions fra ed in >ay an v. /outhard cited earlier a decision 3ritten )y for er Chief 6ustice6ohn 'arshall *rovide an i *ortant lesson. The first hat does theConstitution authorize Con ress to doN; relative to courts *rocess etc. The second 3as ;>hat hasCon ress doneN;

Too any involved in liti ation 8u * the un )y ar uin 3hat the Constitution authorizes Con ress todo 3ithout ste**in )ac+ to e5a ine and hen the various ta5es 3erereenacted at a later date they 3ere a**lica)le in the istrict of Colu )ia and territories and insular*ossessions of the nited /tates or as i ht a**ly in ad iralty and ariti e 8urisdiction of the

nited /tates.

It a**ears that overn ents of the several /tates are 3or+in throu h cor*orate structures and viaunici*al cor*orations are ;actin ; as thou h each is an instru entality or *olitical su)division of

the nited /tates. This fraud is *er*etrated )y /tate le islatures ado*tin unifor acts nearly all of3hich *resu e the ado*tin /tates are instru entalities of the nited /tates. :o3ever at Article I L@.! the Constitution conde ns thisE

Be3 /tates ay )e ad itted )y the Con ress into this nionF )ut no ne3 /tate shall )e for edor erected 3ithin the 6urisdiction of any other /tate...

Once Con ress ad its a ne3 /tate to the nion no)ody includin Con ress has authority to createanother /tate 3ithin 8urisdiction of the e5istin /tate. Therefore the so-called cor*orate /tate 3hichfunctions as a ederal /tate e5ists and o*erates as a co *letely de facto entity. It has no la3fule5istence or authority. 7overnors and le islatures of the several /tates certainly don t have authorityto create ne3 states.

One of the rand *arado5es set u* )y this ove to Article I *lenary *o3er as o**osed to Article Idele ated *o3ers is fra ed in the statute 3hich authorizes the /u*re e Court to *ro ul ate rules of*rocedure at 2# ./.C. L 20 2()$E

()$ /uch rules shall not a)rid e enlar e or odify any su)stantive ri ht. All la3s in conflict3ith such rules shall )e of no further force or effect after such rules have ta+en effect.


23/108

The /e*aration of 9o3ers octrine co es into focus hereE Con ress does not have authority todele ate le islative *o3er to ad inistrative and 8udicial )ranches of overn ent. Det 3ith 2# ./.C. L20 2()$ Con ress ave the /u*re e Court re*eal *o3er 3hich is le islative. Rules *ro ul ated )ythe /u*re e Court re*eal any conflictin statute. 6ustices %lac+ and ou las ar ued this 3ell into the!"?0s )ut to no avail.

There is ho3ever a reasona)ly si *le e5*lanation for ho3 Con ress could dele ate le islativeauthorityE Con ress vested re*eal *o3er in the /u*re e Court under the Article I territorial clause

not as *ertains to the nion of several /tates *arty to the Constitution. This is de onstrated in Rule=4(c$ a**lication of ter s ederal Rules of Cri inal 9rocedureE

;Act of Con ress; includes any act of Con ress locally a**lica)le to and in force in the istrictof Colu )ia in 9uerto Rico in a territory or in an insular *ossession.

;/tate; includes istrict of Colu )ia 9uerto Rico territory and insular *ossession.

A**lications a)ove use territorial *ossessions of the nited /tates as e5a *les. Bone of the e5a *lesre*resent the nion of several /tates. A statute ust )e inter*reted 3ithin the fra e3or+ of itslan ua e and if all e5a *les are of one class a**lication cannot o )eyond the class. /i ilarly if the

3ordin on a can of flea s*ray lists only )reeds of do s it is desi ned for do s )ut not cats. If theintent of Con ress is anifest in the *lain 3ordin of a statute as evidenced at 2# ./.C. L 20 2()$ theenact ent ust )e ta+en at face value. Conse


24/108

The further inesca*a)le conclusion is that title !# of the nited /tates Code the cri inal code isevidence of la3 a**lica)le only in territories and *ossessions of the nited /tates. or all *ractical*ur*oses other than as sections of the Code i ht a**ly to officers and e *loyees of the nited /tatesand ad iralty and ariti e 8urisdiction of the nited /tates the Code is unici*al la3 in territoriesand insular *ossessions of the nited /tates.

The ne5t ele ent of authority is dele ation of authorityE %y statute Con ress vests )asic authorityover any iven title and various ad inistrative functions in the 9resident an e5ecutive officer such as

the Attorney 7eneral or the /ecretary of the Treasury or in de*art ents of the nited /tatesovern ent.

>here authority is vested in the 9resident he ay redele ate it to e5ecutive officers de*art ents etc.via 5ecutive Order the .O. re


25/108

fre


26/108

Treasury via .O. P!02#". The 5ecutive Order is *u)lished in the nited /tates Code follo3in @./.C. L @0!F the a**lica)le *ortion *ertains to custo s la3s and the Anti-/ u lin Act. %y a ain

consultin the 9arallel Ta)le of Authorities and Rules in the section on 5ecutive Orders it is foundthat a**lication of authority conveyed )y .O. P!02#" is !" C R 9art !0!. There are no re ulations*ertainin to revenue districts in title 2? of the Code of ederal Re ulations 3hich 3ould a**ly toinco e ta5 nor al ta5 /ocial /ecurity ta5 and other ta5es in /u)titles A % & C of the InternalRevenue Code.

The easy 3ay to deter ine 3hat !" C R 9art !0! *ertains to is to turn to the ;1ist of C R TitlesCha*ters /u)cha*ters and 9arts; another convenient findin aid in the Inde5 volu e of the Code ofederal Re ulations. This co *ilation i ediately follo3s the 9arallel Ta)le of Authorities and Rules.

Bot sur*risin ly title !" of the Code of ederal Re ulations covers Custo s uties and Cha*ter Iconveys authority to the ; nited /tates Custo s /ervice e*art ent of the Treasury (9arts !-!""$;.2? C R 9art !0! is the re ulation styled ;7eneral *rovisions.; %y oin to actual re ulations at !"C R 9art !0! it is found that this is the authority to esta)lish custo s districts and since theauthority is vested in the nited /tates Custo s /ervice rather than the Internal Revenue /ervice the%ureau of Alcohol To)acco and irear s etc. one i ht )e curious enou h to 3rite to the istrict

irector of the Internal Revenue /ervice Ar+ansas-O+laho a istrict or so e other district in one ofthe several /tates *arty to the Constitution to as+ 3hat la3ful authority he has for aintainin aninternal revenue district in the nion of several /tates. Certainly it isn t 2? ./.C. L ?2! .O. P!02#"or !" C R 9art !0! -- that authority is vested e5clusively in the nited /tates Custo s /ervice. nlessan IR/ or %AT district director or the Co issioner of Internal Revenue has a ra))it hidden in ahat these a encies )oth successors of the %ureau of Internal Revenue 9uerto Rico are e5ercisin de

facto authority -- authority in fact )ut not in la3. They are in defiance of the *rohi)ition at 4 ./.C. L2 as 3ell as sundry constitutional li itations. 24

It so ha**ens that there is another authorityE In !"=? via Treasury ele ation Order P!=0-42 the/ecretary of the Treasury dele ated authority to the Co issioner of Internal Revenue in the areas of9uerto Rico the ir in Islands and the Canal Mone. /i ultaneously authority over these areas 3as

re oved fro district and re ional custo s offices in lorida 7eor ia and Be3 Dor+. The dele ationorder 3as sli htly a ended in !"#? )y T. .O. P!=0-0!. The !"#? order eli inated s*ecific ention ofthe Canal Mone 3hich is no lon er su)8ect to Con ress Article I L @.2 le islative 8urisdiction ande5tended authority of the Co issioner to other areas of the 3orld su)8ect to 8urisdiction of the

nited /tates. The Borthern 'ariana Islands have )een added to the floc+ of insular *ossessions since!"=? (!" ?$ and 7ua and A erican /a oa 3ere )rou ht under internal revenue la3s of the nited/tates since !"?0. The ori inal Treasury ele ation Order !=0-42 *u)lished on *a e =#=2 of the !"=?

ederal Re ister is as follo3sEOffice of the /ecretary

Treasury e*t. Order !=0-42,9ana a Canal Mone 9uerto Rico and

The ir in IslandsAd inistration of Internal Revenue1a3s

%y virtue of the authority vested in e as /ecretary of the Treasury it is here)y orderedE

!. The 9ana a Canal Mone is re oved fro the Internal Revenue istrict 6ac+sonville andfro the Atlanta Re ionF and 9uerto Rico and the ir in Islands of the nited /tates arere oved fro the Internal Revenue istrict 1o3er 'anhattan and fro the Be3 Dor+ CityRe ion.
http://d/articles/tyranny.htm#FN24http://d/articles/tyranny.htm#FN24


27/108

2. The Co issioner shall to the e5tent of authority other3ise vested in hi *rovide for thead inistration of the nited /tates internal revenue la3s in the 9ana a Canal Mone 9uertoRico and the ir in Islands.

@. This order shall not )e dee ed to affect the *rocedures for ad inistrative a**eal e5istini ediately *rior to Au ust ! !"=?.

4. This order shall )e effective as of Au ust ! !"=?.

atedE 6uly 2 !"=?.

/eal, avid >. Gendall

Actin /ecretary of the Treasury.

.R. oc. =?-?2#0F iled Au . @ !"=?F #E=0 a. .,

>here no other authority e5ists no other authority e5ists. ;Bothin co es fro nothin ; is theovernin *rinci*le -- la3ful authority ust have la3ful ori in. T. .O. !=0-42 (!"=?$ as a ended )y

T. .O. !=0-0! (!"#?$ is the end of the road for the Co issioner of Internal Revenue the InternalRevenue /ervice and the %ureau of Alcohol To)acco and irear s. >hen and if officers or a ents inthis line act )eyond *ro*erly dele ated authority their actions are ;outla3; -- they act under *rivateand therefore ;outla3; otive.

inally any iven statute 3hich creates an o)li ation *rescri)es a *enalty etc. ust have ani *le entin re ulation. This is re


28/108

a *recaution that avoids i *osition of secret or *rivate la3 3ith the *recedent datin to 7od sandate that Israel *ost :is statutes and re ulations at the )orders of the covenant nation.

Consehen re ulations are *u)lished inthe ederal Re ister *enalties ay )e i *osed only as the *u)lished re ulation s*ecifies. There ulation ay not e5ceed or de*art fro statutory intent.

>ith this andate soundly in *lace 3e can do 3hat a ounts to a frontal attac+E Title !# of the Code

of ederal Re ulations is ;Conservation of 9o3er and >ater Resources;. There is no title in the Codeof ederal Re ulations for the Cri inal Code 3hich is Title !# of the nited /tates Code. ach title !#./.C. cri inal statute listed in the 9arallel Ta)le of Authorities and Rules and ost aren t relies on

re ulations *ro ul ated under authority of so e other nited /tates Code title.

In order to docu ent re ulatory a**lication alle ed offenses of nineteen *eo*le incarcerated at theederal 'edical Center-1e5in ton at 1e5in ton Gentuc+y 3ere listed in order )y ./.C. title and

section nu )er then chec+ed a ainst the 9arallel Ta)le of Authorities and Rules. ery fe3 of thealle ed cri es a**ear in the 9arallel Ta)le of Authorities and Rules and the fe3 that do havere ulations *ro ul ated under titles !" 2? & 2 of the Code of ederal Re ulations. Title !" isCusto s uties under 8urisdiction of the nited /tates Custo s /erviceF title 2? is Internal Revenuein *art at least under 8urisdiction of the Internal Revenue /erviceF and title 2 is Alcohol To)acco9roducts and irear s under 8urisdiction of the %ureau of Alcohol To)acco and irear s. Custo sIR/ and %AT are listed as a encies of the e*art ent of the Treasury. :o3ever )y consultin title@! of the nited /tates Code it is found that IR/ and %AT are not a encies in the e*art ent of theTreasury of the nited /tates. IR/ and %AT are successors of the %ureau of Internal Revenue9uerto RicoF IR/ and %AT are a encies of the e*art ent of the Treasury 9uerto Rico not the

e*art ent of the Treasury of the nited /tates. This is enerally confir ed )y definitions in title 2of the Code of ederal Re ulations aside fro other evidence (see definitions in 2 C R 9art 2=0.!!$.The list of e*art ent of the Treasury of the nited /tates )ureaus and a encies is reflected in theta)le of contents for Cha*ter @ /u)cha*ter I of Title @! ./.C.E

/u)cha*ter I -- Or anization

/ec.

@0! e*art ent of the Treasury.

@02. Treasury of the nited /tates.

@0@. %ureau of n ravin and 9rintin .

@04. %ureau of the 'int.

@0=. ederal inancin %an+.

@0?. iscal /ervice

@0 . Office of the Co *troller of the Currency.

@0#. nited /tates Custo s /ervice.

@0". Office of Thrift /u*ervision.


29/108

>e have already dis*roved authority of IR/ & %AT )y 3ay of the Co issioner of InternalRevenue for o*eratin revenue districts in the nion of several /tates under authority of 2? ./.C. L

?2!. 9er .O. P !02#" the /ecretary has erely esta)lished custo s districts a**lica)le to sections intitle !" of the nited /tates Code under authority of the nited /tates Custo s /ervice. Therefore itisn t necessary to esta)lish concrete *roof of IR/ and %AT ori ins -- they do not have authorityunder 2? ./.C. L ?2! to esta)lish revenue districts in the nion of several /tates *arty to theConstitution. Their 8urisdiction lies in insular *ossessions and territorial 3aters of the nited /tatesthe dele ation of authority )ein T. .O. P!=0-42 (!"=?$ as a ended )y T. .O. P!=0-0! (!"#?$.Conse


30/108

An individual 3ho is a citizen of the Co on3ealth of 9uerto Rico ()ut not other3ise a citizenof the nited /tates$ shall )e considered for *ur*oses of this section as a citizen of the nited/tates.

The alle ation that ost ederal la3s *resently on the )oo+s other than as *ertains to officers ande *loyees of the nited /tates are a**lica)le only in territory )elon in to the nited /tates i htsee far-fetched even 3ith *roofs already esta)lished in this discourse )ut consider the definitions at!# ./.C. L "2!(a$(2$ 3hich are a**lica)le for Cha*ter 44 -- irear s in the current edition of the

nited /tates Code (!# ./.C. LL "2!-"@0$EL "2!. efinitions

(a$ As used in this cha*ter --

(2$ The ter ;interstate or forei n co erce; includes co erce )et3een any *lace in a /tateand any *lace outside of that /tate or 3ithin any *ossession of the nited /tates (not includinthe Canal Mone$ or the istrict of Colu )ia )ut such ter does not include co erce )et3een*laces 3ithin the sa e /tate )ut throu h any *lace outside of that /tate. The ter ; /tate ;includes the istrict of Colu )ia the Co on3ealth of 9uerto Rico and the *ossessions of the

nited /tates (not includin the Canal Mone $. nderscore added,A**lication of the ter ;/tate; a)ove is e5clusive of the nion of several /tates *arty to theConstitution -- all e5a *les of the class are territories and *ossessions of the nited /tates su)8ect toCon ress Article I L @.2 le islative 8urisdiction.

This conclusion is su**orted )y the ConstitutionE The /econd Article of A end ent secures the ri htto o3n and )ear ar s for the soverei n *eo*le of the several /tates *arty to the Constitution. The ifthArticle of A end ent also secures the a)solute ri ht of the *eo*le to life li)erty and *ro*erty e5ce*t3hen ta+en in la3ful courts )y due *rocess of la3 in the course of the co on la3. An a)solute ri htincludes the ri ht to defend that 3hich falls 3ithin the ri ht -- life li)erty and *ro*erty. And sincethere is no constitutional a end ent 3hich alters or li its the /econd and ifth Articles ofA end ent or lists firear s and related co odities as co odities Con ress ay re ulate itfollo3s that the )evy of firear s la3s in Cha*ter 44 of title !# and related la3s in title 2? of the nited/tates Code 3ere *ro ul ated under Con ress Article I L @.2 *lenary *o3er in territory )elon into the nited /tates. The cu ulative evidence is sufficient to leave even the 3orst cynic 3ith nothin

ore than shiftin sand )eneath his feet. Con ress ay ta5 so ethin )ut has no re ulatory *o3erunless the *o3er is s*ecifically enu erated.

efinitions a)ove are also overned )y lon -standin *rinci*les of la3 thorou hly treated in TheFederal 7one )y 'itch 'odeles+i. The t3o *rinci*les articulated lon a o in 1atin are ; Inclusiounius est exclusio alterius ; and ; 8oscitur a sociis .; %oth are found in )lack9s 4aw ictionary ?thedition as follo3sE

Inclusio unius est exclusio alterius . The inclusion of one is the e5clusion of another. The certaindesi nation of one *erson is an a)solute e5clusion of all others ... This doctrine decrees that3here la3 e5*ressly descri)es a, *articular situation to 3hich it shall a**ly an irrefuta)leinference ust )e dra3n that 3hat is o itted or e5cluded 3as intended to )e o itted ore5cluded.

8oscitur a sociis . It is +no3n fro its associates. The eanin of a 3ord is or ay )e +no3nfro the acco *anyin 3ords. nder the doctrine of ; noscitur a sociis ; the eanin of


31/108

The *rinci*les are clearly enou h stated that they shouldn t need ela)oration. efinitions re*roducedin this discourse include only territories and insular *ossessions of the nited /tates there are noe5a *les of the several /tates or other ver)ia e su estin than any or all of the several /tates *arty tothe Constitution are included. Therefore ;The certain desi nation of one territory, is an a)solutee5clusion of all others.. ; and ;... the eanin of hereonly the istrict of Colu )ia andJor insular *ossessions of the nited /tates are listed in definitionsa**lication ay e5tend only to *ossessions of the nited /tates 3hether territories incor*orated in theconstitutional sche e or insular *ossessions not incor*orated in the constitutional sche e.

The definition of ;includes; and ;includin ; at 2? ./.C. L 0!(c$ is clu sy )ut )asically restates thet3o 1atin *rinci*lesE

(c$ Includes and includin .

The ter s ;includes; and ;includin ; 3hen used in a definition contained in this title InternalRevenue Code, shall not )e dee ed to e5clude other thin s other3ise 3ithin the eanin of theter defined.

>here definition is )y e5a *le the e5a *le re*resents the class. If e5a *les are Thorou h)red'or an and Clydesdale the class is horses e5clusive of cats and do s. To test the *rinci*les 3ithrelation to statutory authority 3e ll e5a ine 3hat Con ress has done 3ith relation to 7ua and the

ir in Islands the t3o controllin statutes re*roduced in relevant *art evidenced at 4# ./.C. LL!42!a & !=4!E

/ec. !42!a. nincor*orated territoryF ca*italF *o3ers of overn entF suits a ainst overn entFty*e of overn entF su*ervision

7ua is declared to )e an unincor*orated territory of the nited /tates and the ca*ital andseat of overn ent thereof shall )e located at the city of A ana 7ua ....

/ec. !=4!. Or anization and status

(a$ Co *osition and territorial desi nation

The *rovisions of this cha*ter and the na e ; ir in Islands; as used in this cha*ter shalla**ly to and include the territorial do ain islands cays and 3aters acest Indian Islands )y the convention )et3een the nited/tates of A erica and :is 'a esty the Gin of en ar+ entered into Au ust 4 !"!? andratified )y the /enate on /e*te )er !"!? (@" /tat. ! 0?$. The ir in Islands as a)ovedescri)ed are declared an unincor*orated territory of the nited /tates of A erica.

The istrict of Colu )ia ceded as the seat of overn ent of the nited /tates )y ir inia and'aryland is a uni


32/108

unincor*orated insular *ossession of the nited /tates so is usually na ed in definitions 3henstatutory a**lication is intended to a**ly 3ithin the istrict.

/u**ose 3e re *layin a foot)all a eE >e re oin to dress the nion tea in )lue and theunincor*orated insular *ossession tea in red. or convenience 3e re oin to *ut the istrict ofColu )ia tea in )lac+ and 3hite stri*ed shirts -- .C. 3ill )e the referee. The )lue tea is su)8ectonly to eneral *o3ers of the nited /tates enu erated in the ConstitutionF the red tea is su)8ect to3hatever *o3ers Con ress 3ants to e5erciseF and those in )lac+-and-3hite stri*ed shirts occu*y 3hat

ust so eti es see li+e no- an s-land.>here a statutory definition e *loys e5a *les to esta)lish territorial a**lication desi nation of*layers in red shirts is e5clusive of those in )lac+-and-3hite and those in )lueF desi nation of *layersin red and )lac+-and-3hite shirts is e5clusive of those in )lue. ntil a statutory definition e5*licitlye5tends to *layers in )lue shirts )ein the nion of several /tates *arty to the Constitution the )luetea isn t authorized or ree 3ill co e at it throu h e5a *leE Thei hteenth Article of A end ent 3as ratified in !"!". It i *le ented national *rohi)ition a ainst

into5icatin distilled s*irits 3ith /ection 2 esta)lishin concurrent /tate and ederal enforce entauthority. Ratification of the T3enty-first Article of A end ent in !"@@ re*ealed the i hteenththere)y endin national *rohi)ition effectin 3hat is descri)ed as /tate s choice and ter inatinconcurrent /tate and ederal enforce ent authority -- enforce ent of /tate li


33/108

citric 3ines then ste*-)y-ste* oved )y illusion into efforts to re ulate sale and distri)ution of theseco odities. The 1a)elin Act of !"0? a**ears to )e the first si nificant do estic ste* then the Anti-Barcotic Act of !"!4 as a ended 3as used as the vehicle for *er*etratin the illusion of le iti ate*rohi)ition a ainst these co odities in the environ ent of national alcohol *rohi)ition.International a ree ents 3hich *rovide the foundation for 3hat a**ears to )e do estic la3 3ereeffected in !"!2. This atter is ta+en u* in a su)se


34/108

the entire econo y )y re ulation of +ey interest rates and )an+ reserves. Bone of these *o3ers aredele ated )y the Constitution so creation of the ederal Reserve /yste had to )e under Con ressArticle I L @.2 *lenary *o3er in territory )elon in to the nited /tates. >ith and su)se


35/108

(C$ controlled su)stances *ossessed co only flo3 throu h interstate co erce i ediately*rior to such *ossession.

(4$ 1ocal distri)ution and *ossession of controlled su)stances contri)ute to s3ellin theinterstate traffic in such su)stances.

(=$ Controlled su)stances anufactured and distri)uted intrastate cannot )e differentiatedfro controlled su)stances anufactured and distri)uted interstate. Thus it is not feasi)le to

distin uish in ter s of controls )et3een controlled su)stances anufactured and distri)utedinterstate and controlled su)stances anufactured and distri)uted intrastate.

(?$ ederal control of the intrastate incidents of the traffic in controlled su)stances is essentialto the effective control of the interstate incidents of such traffic.

( $ The nited /tates is a *arty to the /in le Convention on Barcotic ru s !"?! and otherinternational conventions desi ned to esta)lish effective control over international and do estictraffic in controlled su)stances.

I have never advocated use of non*rescri*tion dru s and throu h the years have seen ne ative and

disastrous effects fro a)use of )oth *rescri*tion and street dru s. On the other hand any of yconte *oraries *articularly in the university settin used various so-called ille al su)stances in the3ay social drin+ers drin+ 3ith ost leadin *roductive lives in school and 3or+ environ ents.Casual social or recreational use 3hatever the descri*tive ter inolo y should )e did not see toadversely affect 3hatever *ursuits they 3ere involved in. >ith y co it ent to inistry I find iti *ossi)le to tell *eo*le that use of dru s or alcohol to the *oint 8ud ent is i *aired is *ro*er. %ut Ialso reco nize that freedo of choice is indis*ensa)le to li)erty. 7od *ut the tree of +no3led e in the7arden of den then told Ada and ve not to eat the fruit )ut he didn t *ut a fence around it. They3ere free to e5ercise choice -- they could )e o)edient or diso)edient. That s one conte5t the entire faithco unity ust consider 3hen tac+lin the *ro)le of dru la3s. ro e5*erience and o)servationI increasin ly convinced that overn ent cannot function as oral custodian. This is *articularlythe case 3hen *oliticians res*onsi)le for le islation and those res*onsi)le for enforce ent are

orally derelict to )e in 3ith. In li ht of 3hat has already )een addressed it s difficult to clai thatany )ranch of overn ent is orally otivated. At the sa e ti e there is increasin *rosecution of so-called vice there is increasin re ulation of fa ily an co unity in all other as*ects of life 3ith thechurch )ein one of the tar ets of ever-ti hter re ulation.

The second conte5t is thisE /o eti es a cure is 3orse than the disease. /ur ery can )e successful )utthe *atient still die. That is certainly the case for ederal and /tate dru la3s. If *roduction anddistri)ution of 3hat are no3 controlled su)stances 3ere re ulated in so e3hat the fashion /tate

overn ents re ulate *roduction and sale of alcoholic )evera es freedo of choice for adults 3ould)e *reserved the cost of enforce ent *rosecution and correction 3ould )e reatly reduced andinflated street *rices 3ould )e under ined sufficiently that coffers of or anized cri e 3ouldn t )enearly as enriched.

The third conte5t is ost i *ortantE If and 3hen overn ent e5ceeds constitutionally dele ated*o3ers those res*onsi)le re ardless of ho3 ri hteous-soundin the cause are en a ed in re)elliona ainst the soverei n *eo*le disdainin the constitutional re*u)lic. The first trans ression is 3orst asif successful it invaria)ly leads to further encroach ent and eventually to institutionalized tyranny.That s *recisely 3hat 3e re addressin -- overn ent out of control. /o far as the essence of authorityand the necessity of *reservin constitutional inte rity are concerned for er Chief 6ustice 6ohn'arshall addressed the atter as elo


36/108

The


37/108

Constitution is desi ned to uard a ainst -- i *osition of the *olitically *o*ular and e5*edient thatencroaches on unaliena)le ri hts of those 3ho don t ha**en to )e in vo ue and in tune 3ith)and3a on *olitics. The enact ent if not 3ithin the sco*e of *o3ers enu erated in the Constitutioncan have no la3ful effect.

The ne5t fla3 in the *rocla ation is the strin of *resu *tions concernin interstate and forei nco erce. They 3i*e out /tate and local soverei nty settin the sta e for 3hat a ount to )ills ofattainder *rohi)ited at Article I L ".@ for overn ent of the nited /tates and Article I L !0.! for

overn ents of the several /tates. These +inds of *resu *tion *rosecuted in the course of the civilla3 constituted a8or rievances A erican founders addressed to Gin 7eor e III and the %ritish9arlia ent in the eclaration of Ri hts and the eclaration of Inde*endence -- they 3ere *la ued )yvice-ad iralty courts in 3hich *resu *tion contrary to the course of the co on la3 *layed asi nificant role. ;The 3ill of the *rince is la3 ; -- in this case Con ress -- is forei n and re*u nant toei ht centuries of n lish-A erican 8uris *rudence. In street lan ua e 3hoever anufactured theCon ressional findin s and declarations state ent in L #0! 3as a sic+ *u**y -- the rationalization isthin veneer for institutionalizin tyranny 3hich )y 3ay of 3hat a ounts to a *rivate ar y daily*lunders and i *risons soverei n A erican *eo*le.

:o3ever as is the case 3ith other ele ents of la3 3e ve treated 3e can e5a ine a**lication of thiseneral state ent to the nion of several /tates via the 9arallel Ta)le of Authorities and Rules and

de onstrate that the la3 does not and never has a**lied to the several /tates *arty to the Constitution.The only re ulation listed for 2! ./.C. L #0! is 2! C R L = 3hich relates to dele ation of authorityand or anization of the ood and ru Ad inistration e*art ent of :u an /ervices. Theunderlyin authority 9u). 1. "!-=!@ has an additional re ulation at 42 C R L 2a 3hich *rescri)esre ulations for *rotection of the identity of research su)8ects. This re ulation is the only one forsurvivin *ortions of the Co *rehensive ru A)use 9revention and Control Act of !" 0. :o3everas other core le islation relatin to other atters 9u). 1. "!-=!@ has )een a ended several ti es soall the a end ents should )e e5a ined in li ht of i *le entin re ulations. The list follo3sE

The Barcotic Addict Treat ent Act of !" 4 (9u). 1. "@-2#!$F

The 9sychotro*ic /u)stances Act of !" # (9u). 1. "=-?@@$F

The an erous ru ivision Control Act of !"#4 (9u). 1. "#-4 @$

The ederal ru 1a3 nforce ent A ent 9rotection Act of !"#? (9u). 1. ""-= 0$F

The 'ail Order ru 9ara*hernalia Control Act of !"#? (9u). 1. ""-= 0$ re*ealed in !""0 )ya si ilar actF

There 3ere several additions and a end ents to 9u). 1. ""-= 0 enacted in !"#? under thefollo3in short titlesE

Controlled /u)stances I *ort and 5*ort 9enalties nhance ent Act of !"#? Controlled/u)stance Analo ue nforce ent Act of !"#? the 6uvenile ru Traffic+in Act of !"#?F the

ru 9ossession 9enalty Act of !"#?F the Barcotics 9enalties and nforce ent Act of !"#?F andthe Anti- ru A)use Act of !"#?F

The Asset orfeiture A end ents Act of !"##F the Che ical iversion and Traffic+in Act of!"##F and the Anti- ru A)use A end ents Act of !"## all under aus*ices of 9u). 1. !00-?"0F

The Ana)olic /teroids Control Act of !""0 (9u). 1. !0!-?4 $F


38/108

The o estic Che ical iversion Control Act of !""@ (9u). 1. !0@-200$F and

The ru ree Truc+ /to* Act !""4 (9u). 1. !0@-@22$.

/ince ost of the *u)lic la3s *ertainin to dru s enacted since !" 0 are cited in notes follo3in 2!./.C. L #0! they can )e listed in chronolo ical order 3ith authorities attri)uted to the in the

9arallel Ta)le of Authorities and Rules. The 9u)lic 1a3 is listed on the left 3ith a**lica)lere ulations on the ri ht. >here ore than one re ulation is listed for any iven title of the Code of

ederal Re ulations the dou)le ;LL; indicates that ore than one re ulation is accounted forE

9u). 1. "!-=!@ 42 C R L 2a (Title 42 -- 9u)lic :ealthF Cha*ter I -- 9u)lic :ealth /ervicee*art ent of :ealth and :u an /ervices (9arts !-!""$F /u)cha*ter A -- 7eneral 9rovisionsF

L 2a 9rotection of identity -- research su)8ects$.

9u). 1. "@-2#! Bo i *le entin re ulations.

9u). 1. "=-4 @ Bo i *le entin re ulations.

9u). 1. ""-= 0 = C R LL 2"4 (Title = -- Ad inistrative 9ersonnelF Cha*ter I -- Office of

9ersonnel 'ana e ent (9arts !-!!""$F /u)cha*ter % -- Civil /ervice Re ulationsF L 2"4Availa)ility of official infor ation.$ 2=02 (Cha*ter Q -- Office of Ad inistration 5ecutiveOffice of the 9resident (9arts 2=00-2=""$F L 2=02 Availa)ility of records.$F

!" C R L !0@ (Title !" -- Custo s utiesF Cha*ter I -- nited /tates Custo s /ervicee*art ent of the Treasury (9arts !-!""$F L !0@ Availa)ility of infor ation.$F

22 C R LL @0@ (Title 22 -- orei n RelationsF Cha*ter III -- 9eace Cor*s (9arts @00-@""$F L @0@Ins*ection and co*yin of recordsE rules for co *liance 3ith reedo of Infor ation Act$F =0@(Cha*ter -- nited /tates Infor ation A ency (9arts =00-=""$F L =0@ Availa)ility ofrecords.$F

24 C R LL != (Title 24 -- :ousin and r)an evelo* entF /u)title A -- Office of the/ecretary e*art ent of :ousin and r)an evelo* ent (9arts 0-""$F L != Testi ony*roduction and disclosure of aterial or infor ation )y : e *loyees.$F 2002 (/u)title % --Re ulations Relatin to :ousin and r)an evelo* entF Cha*ter QII -- Office of Ins*ector7eneral e*art ent of :ousin and

institutionalized tyranny the character and color of authority by dan meador

Documents