US Constitution and Jurisdiction

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US Constitution and Jurisdiction

iamsomedude
Administrator
Article III

Section 2

1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;10 —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

3: The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.




So, if I am not mistaken, Article III Section 2 paragraph 2 reads like that if the STATE OF comes with claim in a county/state court, then the proper action would be put in a motion to dismiss based upon lack of jurisdiction because the supreme Court has ORIGINAL jurisdiction.

It also appears that ANY question of a Constitutional Nature (ie: What Thing is being demanded for payment?) belongs in one of the United States District Courts, which incidentally is where one compels an "employee of the United States" (ie: Attorney or other Public Official via Oath of Office) to perform.  

It also appears that if one stand on their Faith with Christ, one should be able to also present the lack of jurisdiction because the supreme Court has ORIGINAL jurisdiction in all matters concerning "Ambassadors" and who would the supreme court, or anyone, be to LIMIT the freedom of religion and the exercise thereof?

So, it appears the Constitution outlines the jurisdictional issue very well.

What say you all??
~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.
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Re: US Constitution and Jurisdiction

iamsomedude
Administrator
which also should mean that any attempt to enforce a statute or even a mortgage had better have a District Court ruling or supreme court ruling associated with it that concerns the one enforced against, else the matter is 100% administrative and in accordance, at least in Florida under ITS Constitution @ Article 1 Section 18:

Administrative penalties.—No administrative agency, except the Department of Military Affairs in an appropriately convened court-martial action as provided by law, shall impose a sentence of imprisonment, nor shall it impose any other penalty except as provided by law.

AND

SECTION 17. Excessive punishments.—Excessive fines, cruel and unusual punishment, attainder, forfeiture of estate, indefinite imprisonment, and unreasonable detention of witnesses are forbidden. 



Therefore, 99.9% of these cases are matters of "voluntary servitude" resulting from one's own ignorance for one is enslaved by one's own ignorance: Remove the ignorance, remove the cause.

~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.
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Re: US Constitution and Jurisdiction

liberated
In reply to this post by iamsomedude
Right on, Ambassadors of Christ fall into that category. That said one might wonder why an ambassador of Christ would be engaged in a "mortgage" in violation of usury, surety, debt in the bible. Certainly makes repentance and CR(tm) viable in that case and evidentiary for Supreme Court.
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Re: US Constitution and Jurisdiction

iamsomedude
Administrator
This post was updated on .
Let's take it further ...


exequatur = an official recognition by a government of a consul, agent, or other representative of a foreign state, authorizing them to exercise the duties of office.

United States Government is foreign corporation with respect to the States
 but pays for the registration of the Birth Event via Social Security Act of 1935 AND the Government was formed for WHAT purpose?

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed - Declaration of Independence

it behooves us to remember that men can never escape being governed. Either they must govern themselves or they must submit to being governed by others. If from lawlessness or fickleness, from folly or self- indulgence, they refuse to govern themselves, then most assuredly in the end they will have to be governed from the outside. They can prevent the need of government from without only by showing that they possess the power of government from within. A sovereign can not make excuses for his failures; a sovereign must accept the responsibility for the exercise of the power that inheres in him; and where, as is true in our Republic, the people are  sovereign, then the people must show a sober under standing and a sane and steadfast purpose if they
are to preserve that orderly liberty upon which as a foundation every republic must rest. - Teddy Roosevelt, AT THE OPENING OF THE JAMESTOWN EXPOSITION, APRIL 26, 1907


The Law of Nations is VERY clear on the duties of the foreigner @ Book 2, Articles 104-105 and the duties of the Host Nation @ Book 2, Articles 109-110 with regards to the foreigner and if one has not taken oath pursuant to 2 Stat 153, "and not otherwise," then one is NOT a citizen of the Host Nation by maxim of law; foreigner, but granted hospitality within the host nation under a State of Emergency due to Lieber Code Articles 7 and 134.

Therefore, it appears to me that the Birth Certificate is an exequatur; the receipt for indemnification issued pursuant to Article 38 of the Lieber Code, thus the District court would be the court of ORIGINAL jurisdiction for claims against one with a BC; if the claim did not originate from the District court, it is 100% administrative and none of your concern as the matter relates to the usufructuary duty of the State; the rest is trickery and deceit that the ignorant allow to happen to themselves for they know not God in their hearts and have become reprobate in their being.

It is not that one is being governed thru the BC, it is that one can "govern them-self thru the BC" (using it as a conduit for the expansion of His Kingdom) because that "fiction of law" was created for a beneficial purpose of which can not be defeated; the funding of the Trusted Nation of which the BC is part and parcel.


The supreme Court is for claims against ambassadors and one really can not be an ambassador for Christ until all their allegiances with Caesar (ACCUSATIONS) be settled. So it appears that if one currently has a mortgage, District court is STILL where one would go be ALL banking issues arise from the Laws of the United States for the Federal Reserve was created by Act of Congress.

The bankers and these other commercial entities have purchased the USUFRUCT of the people by the mere exercise of the right thru the debt-based system (ie: FRN is evidence of such: realization of the expectancy), thus now have a DUTY to return the right of subrogation in exchange as security which amounts to naked ownership so we can dispose of that same property as the Fee-Owner because the rule of usufruct is that the "substance of the thing subject to the usufruct can not be impaired" and the Fee-Owner has superior claim (ie: foreign beneficiary of the republican form of government); but ONLY with your consent, which is where the AFV/RFV seal the deal.

This all the MIRROR image of the Court of Heaven; One must REBUKE the ACCUSOR and how does one do that other than walking the path of truth as it appears to one and then asking "show me otherwise" before one's claim to the Kingdom be considered.




~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.
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Re: US Constitution and Jurisdiction

Rschallmo
Boris

It seems that the District court is where you challenge jurisdiction not the court where they send the presentment from.
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Re: US Constitution and Jurisdiction

iamsomedude
Administrator
I comprehend this, however, first ask for the attorney to prove up the claim the Attorney has authority and jurisdiction, when there is no answer, we then move it into Fed District Court to compel the employee to answer because to conserve the peace is a duty he owes to both the court and the plaintiff; of which also fulfills the duty to our original jurisdiction (God's Law) to "go to thine brother first"

And the Attorney also has the duty to both the court and the plaintiff to prove up all claims; for the burden of proof rests upon he who affirms, and the initiation of the court case is an affirmation of a debt/duty owed, thus now the burden of proof of ALL associated claims rests squarely upon the shoulders of the one of whom brought claim.

But here is what is really juicy, when there is a failure to answer the CR(tm) "process," then ANY court constituted is merely administrative; a Court Martial to liquidate the prize (booty)

Lieber Code Article 45. All captures and booty belong, according to the modern law of war, primarily to the government of the captor.  Prize money, whether on sea or land, can now only be claimed under local law.

The local courts is where these guys bring claim because they are just "claiming prize money" (bounty contracts) and the local laws are for "liquidation of captures and booty" ... thus when one is arrested, one is a capture; one's effects, booty.

With the deployment of the CR(tm) "process", when they operate without the Claim from Original Jurisdiction, they are waging war against their own government for all booty belongs to the government of the captor and since there is a surrender (via the Verification of Complaint); to complete de-livery (ie: finish the suit against one's livery), any further action is akin to attacking one under a white flag ...

... and the Sovereign Citizen has thus been identified as the Attorney for waging war against his government.


~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.
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Re: US Constitution and Jurisdiction

don7411
In reply to this post by iamsomedude
This is Bank!  Yeah!
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Re: US Constitution and Jurisdiction

don7411
One other thing to all Sailors which appears to be most americans now.  If  you have ever been on the ship of state, you know one thing.  You can only have LIBERTY when you are on the LAND.  When you are at see or sea, then you are under the admiralty.
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Re: US Constitution and Jurisdiction

iamsomedude
Administrator
This post was updated on .
Seaman Suit

https://www.law.cornell.edu/uscode/text/28/1916

In all courts of the United States, seamen may institute and prosecute suits and appeals in their own names and for their own benefit for wages or salvage or the enforcement of laws enacted for their health or safety without prepaying fees or costs or furnishing security therefor.

(June 25, 1948, ch. 646, 62 Stat. 955.)



We actually did one of these Seaman Suits in Federal Court in an attempt to remove a matter from a county court. We got it filed, but the judge kicked it out.. I guess we did not bring up an issue regarding the statute, such as salvage (ie: equitable subrogation rights), we were just engaging in cause-and-effect.

Do you wanna know how EASY is was to get the Suit Filed?

We wrote on the initial filing in the court heading:
 
Seaman Suit
in the nature of 28 USC § 1916

That's it !! Suit filed.


... therefore and as hind-sight is always 20-20, to bring a matter regarding the CR(tm) into a court where no case has initiated, one should be able to initiate a Seaman Suit to initiate salvage rights over the property (ie: car or house in non-judicial foreclosure states or even children in the case of Child Protection Services or even to lessen the term of or free an inmate from Corrections) in order to obtain a "declaratory judgement" pursuant to 28 USC §§ 2201 and 2202:



28 U.S. Code § 2201 - Creation of remedy

(a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1986, a proceeding under section 505 or 1146 of title 11, or in any civil action involving an anti-dumping or countervailing duty proceeding regarding a class or kind of merchandise of a free trade area country (as defined in section 516A(f)(10) of the Tariff Act of 1930), as determined by the administering authority, any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such

(b) For limitations on actions brought with respect to drug patents see section 505 or 512 of the Federal Food, Drug, and Cosmetic Act, or section 351 of the Public Health Service Act.

(June 25, 1948, ch. 646, 62 Stat. 964; May 24, 1949, ch. 139, § 111, 63 Stat. 105; Aug. 28, 1954, ch. 1033, 68 Stat. 890; Pub. L. 85–508, § 12(p), July 7, 1958, 72 Stat. 349; Pub. L. 94–455, title XIII, § 1306(b)(8), Oct. 4, 1976, 90 Stat. 1719; Pub. L. 95–598, title II, § 249, Nov. 6, 1978, 92 Stat. 2672; Pub. L. 98–417, title I, § 106, Sept. 24, 1984, 98 Stat. 1597; Pub. L. 100–449, title IV, § 402(c), Sept. 28, 1988, 102 Stat. 1884; Pub. L. 100–670, title I, § 107(b), Nov. 16, 1988, 102 Stat. 3984; Pub. L. 103–182, title IV, § 414(b), Dec. 8, 1993, 107 Stat. 2147; Pub. L. 111–148, title VII, § 7002(c)(2), Mar. 23, 2010, 124 Stat. 816.)

28 U.S. Code § 2202 - Further relief

Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment.

(June 25, 1948, ch. 646, 62 Stat. 964.)




Or in the State, such as Florida:

Title IV Chapter 86: Declaratory Judgments

86.011 Jurisdiction of trial court.—The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed. No action or procedure is open to objection on the ground that a declaratory judgment is demanded. The court’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment. The court may render declaratory judgments on the existence, or nonexistence:
(1) Of any immunity, power, privilege, or right; or
(2) Of any fact upon which the existence or nonexistence of such immunity, power, privilege, or right does or may depend, whether such immunity, power, privilege, or right now exists or will arise in the future. Any person seeking a declaratory judgment may also demand additional, alternative, coercive, subsequent, or supplemental relief in the same action.

History.—s. 1, ch. 21820, 1943; s. 2, ch. 29737, 1955; s. 38, ch. 67-254; s. 3, ch. 90-269.
Note.—Former s. 87.01.
~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.
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Re: US Constitution and Jurisdiction

liberated
Might be a dumb question, how can one be a civilian and a seaman?

https://www.law.cornell.edu/search/site/seamen

If one is a seaman being of the opinion that the NAME or BC is a vessel, what evidence support that?

Trying to wrap my head  on all these various options in light of seeking civilian due process or actions to supreme court to spank attorneys etc
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Re: US Constitution and Jurisdiction

iamsomedude
Administrator

Well, here is a question ...

Have you ever received any payment in fact for any service rendered towards the VESSEL? Or just "promises" to receive such?

Do you comprehend there is a "Ship of the State" and each VESSEL is part of a "maritime fleet"? What about 50 USC 196 and Social Security? I know this is probably not specifically defined within the statutes, nor directly within books; so you are going to have to use some powers of deduction to critically think.

Federal Reserve is just an admiralty contract enforced in the maritime environment: currency contract administrated thru FORCE; war-time script (See Law of Nations book 3 .. War) thru the Law Merchant

Insurance is maritime contract ... if one must have insurance, then one must be bound to a maritime jurisdiction, rendering one a "Seaman" which is just another "person" ... Take all of this into consideration with the posting by HisName: who else has heard or read of the concept that the BAR and lex mercatoria originate from ancient meetings on sand bars?

Also, take into consideration GLOSS and the Justinian Deception: the Law Merchants (maritime law), then one would have to be PRESUMED a sailor aboard a VESSEL, lest one just be "flotsam and jetsam" (ie: found property or slave) in order for ANY of these laws to be applied.

This is all confirmed once one obtains the Driver License ... this creates the Natural Person or OPERATOR of the Vessel; a Seaman.

~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.
non
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Re: US Constitution and Jurisdiction

non
noun: semen

    the male reproductive fluid, containing spermatozoa in suspension

non : seaman

    the occupants of the ship of state, containing sheeple in suspension