Americans of left, right and independent persuasions realize that their country has some serious problems, and that the playing field of life grows increasingly uneven. Kick the bums out! Elect leaders who care! Reform the system! Get money out of election campaigns! Protest! Write your Congressman and don’t forget to vote!
The fickle finger of blame now seems to fall on racial and gender discrimination. A mean-spirited right/left divide among politicians and everyday people seems only to grow. It is this writer’s opinion such divisiveness obscures a deeper problem. As we fight among ourselves, The Powers That Be (TPTB), who own the politicians, tighten their domain of unilateral control over the people of America via agency regulations and unelected employees.
The push for political reform blinds the population and offers short-term solutions. Might this be like when Nero fiddled while Rome burned? Due to the human propensity to fall in line with whatever is most socially acceptable, we give up our innate ability to think critically and discern for ourselves.
The universal adage of “do unto others as you would be done by,” has long been pushed to the wayside thanks to commercial promotions of a “get as much as you can any way you can” attitude. Name-calling, lying, cheating, stealing, back-biting, micro-managing, character defamation and the domination and control of others are almost considered normal behaviors, believed essential for success. But it hasn’t always been this way in America.
American Life before the 1787 Constitution of the United States
There are two sides to any story. Yet few dare to learn and acknowledge the rest of the story they were taught in school about early America. The complete and accurate story of America’s beginning, and especially about “democracy” of the U.S. Government, has been replaced with a sanitized version propagates national pride, patriotism and loyalty.
It is important to view the U.S. Government as a system, a context that continues to shape the American perspective both collectively and individually. The principle being that context has a mega-impact on the content within it, e.g. the sun has an overriding effect on the solar system.
The story of America began with the earliest Americans enjoying their hard-won God-given rights and self-governance from England’s King George III, via the American Revolution. Following the Declaration of Independence of 1776, a document was created in 1777, serving as America’s first constitution called, the Articles of Confederation and Perpetual Union (hereafter, the Articles). Thereby the 13 original American states were established and governed until 1789.
Under the Articles, the several states of the United States of America enjoyed a voluntary, decentralized system of governance with Natural and English Common Law the law of the land. We find in the U.S. Code (the official compilation of all U.S. laws), that the Articles are one of four organic (founding) documents along with the Declaration of Independence, 1776, the Northwest Ordinance, 1787 and the Constitution of the United States 1787.
In 1787, the Congress of the Confederation delivered an official resolution to George Washington and his colleagues allowing them to hold the Philadelphia Constitutional Convention, but with specific stated limitations: “for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures.”
As they say, “the rest is history” because it was at the 1787 Philadelphia Constitutional Convention, the Constitution of the United States was born. Most Americans think this was America’s first constitution, and also the time when the country began. History books have encouraged such error by referring to the Articles as a failure. As a result, the first eleven prosperous years of American life from 1777 to 1789, (when the second constitution was ratified), have been effectively lost. Ask anyone, and most people will tell you they had no idea about this period of American history and never knew there was more than one constitution.
A Bloodless Coup d’ Etat
Not surprising that the typical American education regarding the 1787 Constitution of the United States leaves readers with the idea that it was about “a more perfect union” “of, by and for the people.” These sound bites of supposed historical knowledge conveniently obscure truth; the Constitution was actually about fulfilling the Federalist plan to consolidate commercial power in a centralized form of government – the United States. What the early Americans of the first constitution feared most was exactly this: a form of government that mimicked the British Empire and would return them to being subjects. The propaganda of the Federalist Papers led them to believe they were, in fact, getting “a more perfect union.”
Behind the cover of patriotism, the creation of the Constitution of 1787 led to the subsequent establishment of the U.S. Government and its system of statutory laws. It was nothing less than a slick, bloodless coup of the original American way of life; a pivotal takeover that set in motion a pattern of the ever-increasing consolidation of power for the power elite. Herein lies the overarching national myth seen by those with ears to hear and eyes to see.
The short story is that the Framers of the Constitution of the United States of 1787 ignored the said Congress of the Confederation’s resolution authorizing them to limit their revisions exclusively to the existing constitution, the Articles. They instead proceeded on their own terms to create an entirely new (unauthorized), second constitution and claimed it ratified by only nine states and not all 13 as required under the first constitution.
Incremental change over time has erased the memory of the first form of governance of the earliest Americans. Life went from the self-governance of “do no harm” under the first constitution to compelled performance (force) of statutory law per the second. But for those who were paying attention, the loss of personal freedoms and liberties was glaring. Fast forward to today’s statutory laws and regulations such as the Patriot Act and NDAA and we see how the U.S. Government has labeled American people as potential enemy combatants/domestic terrorists subject to indefinite detention. This is “our” government?
The Good News of Territorial Jurisdiction
The good news is that the first constitution of the Articles has never been lawfully repealed (in writing). Per the Organic Laws, above mentioned, it remains valid and still stands as the law of the land (English Common Law) for Americans who do not live on land that is owned by the federal government (called free inhabitants in the Articles). Written law, (as evolved from the 1787 Constitution), identifies the territorial jurisdiction (physical borders) within which live the people for whom (and only to whom) written law can apply.
While the Supremacy Clause of the 1787 Constitution declared it to be “the supreme law of the land,” former attorney and law researcher, Dr. Eduardo Rivera states that such a claim of supremacy is limited to the lands within the borders of its territorial jurisdiction. Therefore the statutory laws of the U.S. Government have never lawfully extended to American free inhabitants who do not live on federally-owned lands.
It has been historically well-established that after the American Revolution, King George III ceded his thirteen colonies to the new United States of America. Less well-known, however, is that with the second constitution of 1787, lands previously owned by the temporary government of the Northwest Ordinance transferred in ownership to the newly formed United States/U.S. Government. This land mass, and the Americans living therein, became the body of Americans subject to U.S. Government laws. Of critical note is that despite the establishment of the 1787 Constitution of the United States, per territorial jurisdiction, the thirteen original states remained under their original jurisdiction of the first constitution.
And why should you care? There’s a maxim in law that tells us “things that are different are not the same,” like apples and oranges. The territorial jurisdiction of the first constitution is based on decentralization, English Common Law, reliant on one’s conscience, and voluntary participation. The territorial jurisdiction of the second constitution is based on centralized government, statutory law and the use of force. Like apples and oranges.
The Federal Zone
The U.S. Government territorial jurisdiction changed and expanded over the centuries. It is also known as the “Federal Zone.” Americans living on land within the physical boundaries of federal ownership are subject to the statutory laws of the U.S. Government. The government document, “ Congressional Research Service: Federal Land Ownership: Overview and Data 2012” states, “The federal government owns roughly 635-640 million acres, 28% of the 2.27 billion acres of land in the United States.” Including but not limited to:
1. The District of Columbia
2. Federal Zones within States and Counties including Bureau of Land Management Land
3. Territories of the United States
4. U.S. and Overseas Military Bases
5. Foreign Embassies, Veteran’s Hospitals and U.S. Post Offices
6. U.S. Coastal Waters
7. National Parks
8. Most U.S. Airport Property
In 1807 when Supreme Court Justice, John Marshall, delivered the decision, Ex parte Bollman and Swartwout 4 Cranch 75, stating that the only law of the United States was written law, the U. S. Government system of statutory law officially took hold and eventually superseded Natural and English Common Law. However, given that the first constitution of English Common Law is considered unwritten law, his decision also confirmed the boundaries within which statutory law would apply going forward.
“Courts which originate in the Common Law possess a jurisdiction which must be regulated by their English Common Law, until some statute shall change their established principles; but courts which are created by written law, and whose jurisdiction is defined by written law, cannot transcend that jurisdiction. The reasoning from the bar, in relation to it, may be answered by the single observation, that for the meaning of the term habeas corpus, resort may unquestionably be had to the Common Law; but the power to award the writ by any of the courts of the United States, must be given by written law.” —Ex parte Bollman and Swartwout 4 Cranch 75 (emphasis added)
What Does All This Mean to You?
The world we live in begins and ends with people and the truths that drive them. People create systems, not the other way around, inferring that change must begin at the individual, human level. Restoring external individual freedoms and liberties rests upon the internal, personal commitment to the guidance of conscience, of doing the right thing, even when it does not lead to personal advantage.
The earliest Americans had a way to address this human issue. “The First Great Awakening” in America, 1720-1760, boiled down Natural and English Common Law to “the first principles.” Also known as lex aeterna (the eternal law), they relied on the “laws of nature and of nature’s God” and are summarized by the Golden Rule, “Do as you would be done by.”
- The rule of law. The law governs everyone without exception.
- Unalienable rights. Things which are not in commerce, as public roads, are in their nature unalienable. Some things are unalienable, in consequence of particular provisions in the law forbidding their sale or transfer, as pensions granted by the government. The natural rights of life and liberty are unalienable. —Bouviers Law Dictionary, 1856 edition
- Equality. Though in Jefferson’s day, equality was extended only to white males, in a state of nature, each human being arises with the same opportunity to life, liberty, and the pursuit of happiness. People have hampered the principle of equality throughout history according to societal prejudices.
- Social compact of self-determination. Legitimate government is established by people banding together to secure their natural rights. The state only exists to serve the will of the people and therefore derives its power from the consent of the governed.
- Limited government. Legitimate government is primarily purposed to the protection of unalienable rights and personal liberties of its inhabitants.
- The right to declare revolution. The people have a right to declare revolution when government fails to provide such protections of the first principles. In other words, a civil government may not redesign itself according to its own will not also that of the peoples.
American free inhabitants have been blessed by their ancestors with the blueprint of a historically unique form of governance during the first 11 years of America. As a real-life example and starting point, it provides a platform upon which a renewed lawful relationship of free inhabitants to a foreign world of U.S. statutory laws can be explored and established.
Yet it starts with each one of us, individually; We must be bound by conscience, not contracts. The Golden Rule still finds expression today in the sayings of many of the world’s languages and cultures, unique to their way of understanding but derived from the same universal standard of right and wrong when dealing with one another.
The highly regarded 19th century Russian novelist, Leo Tolstoy, once said:
“There can be only one permanent revolution-a moral one: The regeneration of the inner man.”