AMERICAN MATRIX: HOW WE LOST OUR CONSTITUTION, Part I

By Marilyn M. Barnewall

News With Views

January 15, 2015

Do you want your Constitutional Republic back?  If so, this article provides you with information that will help you achieve that objective.  It won't come through Constitutional Conventions, Conventions of the States, or memorizing the Constitution and going to court with constitutional arguments in a court system the jurisdiction for which functions under the Uniform Commercial Code and Maritime Law.

Your Constitutions (national and state) have been put in hibernation and are brought out like the good silver... only when needed to make an impression or to be used in self defense for crimes committed against the people by those in government who are supposed to serve us.

Some questions for you:

1.         Are you aware that the United States is incorporated?  No, this article isn’t about Strawmen or your name being in CAPITAL letters on all legal documents like your birth certificate, driver’s license, Social Security Card, Passport, etc.  There is the United States of America and there is the United States of America, Inc.  There is a good reason for what happened and it does not involve the bankruptcy of this nation.

2.         Are you aware that the state in which you live is incorporated? All 50 states are incorporated.  Read on and I’ll provide you with absolute evidence… not opinion, but evidence.

3.         Are you aware that your county is incorporated? 

4.         Are you aware that your city (or township) is incorporated?  (Most of us are aware that cities are incorporated -- signs at the city's limits usually tell us so.)

5.         Are you aware that most departments within your city and county are incorporated?  Yes, I mean the Sheriff’s Department, the Police Department, the City and County and State Courts (even your State Supreme Court), the Public Library, the Public Works Department, the Department of Education and the County Clerk?  Almost every department in your city and county is incorporated.  I must admit, this disclosure surprised me more than the others.  Even more interesting, most people who staff these departments – including county commissioners, sheriffs, librarians, police chiefs, and other department heads – appear, as I was, unaware of the corporate status of their “departments.”

Here's a link to my County Sheriff's office.  Notice that it is registered as a "privately held company." The name listed, Stan Hilkey, was the Sheriff of Mesa County at the time I downloaded the information a couple of months ago.  Look your own county Sheriff up on Manta.com and see if your law enforcement is incorporated.  My county courts are also incorporated.  Are yours?  To prove it's not just a Colorado thing, here's a link to Alabama's courts as listed at Manta.com.  Look yours up… my bet is that they are also incorporated.

6.         Are you aware that corporations are run under the jurisdiction of Statutory Law, not Constitutional or Common Law?  Are you aware that Articles of Incorporation based on the policies and regulations in place in all 50 States are governed by the Uniform Commercial Code and/or Maritime Law which are the basis of Statutory Law?

In other words, when wearing their corporate hats (which is whenever it is to their advantage to do so), our federal, state, county, and city governments and the departments contained within them must comply with the policies of the Uniform Commercial Code, not with the Constitution of the United States.  The courts, too, are incorporated.  No wonder we see so little Constitutional or Common Law in our courts!  No wonder administrative law judges can make the law up as a trial proceeds (or so it appears to those thinking the jurisdiction under which courts function is Constitutional or Common Law)!

This information should answer the questions of many Americans who wander around shaking their heads trying to figure out why our courts are making the insane, unconstitutional decisions that spew out of them like the Devil’s bad breath.  The Courts are incorporated and comply with the requirements of Statutory Law based on the policies and procedures dictated by the Uniform Commercial Code or Maritime Law, not the United States Constitution or your State's Constitution.

People look at their small town police departments being equipped as if they are General Patton powering his way through Germany and wonder why Humvees and SWAT teams are needed to protect them.  Who – or what – are they really protecting?

And it goes beyond our police departments and sheriffs’ offices to our courts and schools and property taxes... and everything else.

You need to know whether what I’m saying is true or false.  Go to Manta.com and look up your own state, county and city.  Especially look at the departments within your city and county… your fire, sheriff and police departments, your county clerk, the State and County Courts, etc.

Why is this information critical if we are to understand why America is in many cases functioning in a way designed to destroy Her?  Why is it “dangerous” information? 

The answer is direct and simple:  CORPORATIONS (INCLUDING GOVERNMENT CORPORATIONS) DO NOT FUNCTION UNDER A CONSTITUTION.  THEY FUNCTION UNDER ARTICLES OF INCORPORATION WHICH ARE SUBJECT TO BUSINESS LAWS OF THE UNIFORM COMMERCIAL CODE AND MARITIME LAW, NOT CONSTITUTIONAL LAW.  EVEN MORE IMPORTANT, CORPORATIONS CAN BE DISSOLVED!  THAT IS THE BIGGEST DANGER OF THIS INFORMATION.  THE CORPORATE STRUCTURE THEY HAVE BUILT TO REMOVE OUR ACCESS TO CONSTITUTIONAL AND COMMON LAW IN OUR COURTS CAN, LIKE ANY CORPORATION, BE DISSOLVED.  IT IS, PERHAPS, THEIR ACHILLES HEEL – their greatest weakness!  We, the People, CAN DISSOLVE THEM!

The corporations cannot be dissolved by the government employees who work for them; they must be dissolved by the people.  How?  County by county. 

These corporations were imposed from the top down and the only way to disassemble them is from the bottom up.  Carry a petition.  Get the required number of signatures and get it on your county ballot next election.  The initiative should say something like "No government entity in _____ County shall incorporate or be incorporated.  All government agencies, divisions and departments must function under the legal jurisdiction of the Constitution of the State of _____ and be subject to the limits imposed on government by the Constitution of the United States and the State of _______."  I’m not a lawyer and I’m sure you can get a stronger statement from a trusted attorney at law. 

As I will point out in Part II of this article, liberty is not free and if you want your constitutional rights restored, it will require some long-term planning and changes in the way county costs are defined and financed… but it can be done!  If you would rather our cost of liberty and constitutional rights be paid via budgeting and taxation instead of young men and women being unnecessarily killed and maimed in unlawful, unconstitutional wars, you will help dissolve the government corporations that help make such tragedies possible.

I must admit, I am surprised this material has been around as long as it has and none of the many lawyers who have been exposed to it had a light go off in their heads saying "Corporations do not function under Constitutional Law which is why Americans are being abused by their courts -- and corporations can be dissolved, SO LET'S DISSOLVE THEM!."

You can logically assume that if your city/township, county, state, and federal governments are incorporated, they do not function under the aegis (protection) of a Constitution of any kind.  They function under the rules and regulations of the Uniform Commercial Code (UCC).  All businesses, including corporations, function under the jurisdiction of the UCC.  The law and how we lost the jurisdictional protection of Common and Constitutional law is the topic of Part II of this article.

Do you now understand why your courts and law enforcement officials do not act in accordance with the limits placed on government by the United States Constitution – or, even more important, your State’s Constitution?

In the past month, I’ve been to two meetings about jurisdictional law given by experts on Constitutional law.  Both were very good… both speakers were quick to point out the rights God grants each of us and the limits on government guaranteed under the Constitution.  Neither realized that the constitutional rights of the people are being badly abused because of the corporate status of federal, state, county, city governments and most of the departments that function under those entities and thus do not answer to Federal and State Constitutions.  Neither speaker realized that corporations are under the jurisdiction of Statutory or business law – the Uniform Commercial Code/Maritime Law.  It raises a difficult question for constitutional experts:  If the various governments, including our courts, function under the jurisdiction of the Uniform Commercial Code rather than the Constitution, how important is a Constitution that has been hi-jacked?

Before moving on to Part II of this article which will explain the kinds of jurisdictional law being practiced in American courts, I want to provide you what I promised.  Evidence.

It’s time to stop speculating about issues, wondering (what a waste of time) if this crisis or that one is a false flag.  “They” rely on chaos to keep you off balance because only by keeping you off balance can they take their next unlawful step designed to eliminate the asset singly responsible for preventing socialism or communism in America’s capitalist economy:  The middle class.  They throw one issue after another at you… from amnesty to police brutality; from shopping center shootings to elementary school shootings to shootings of police officers sitting innocently in their car.  They take you from one false flag to another.  They throw one war after another at you… or threaten a new war.  As the manipulation of gold was used to cause the Great Depression of the early 1900's, they use the new gold – oil – to manipulate this even Greater Depression.

They can call it a recession all they want, but the only reason people are not standing in food lines as they did in the 1930s is food stamps.  They called the job creation programs of the Great Depression the Work(s) Progress Administration (WPA).   In the 30s, cities all over the country got new parks and recreation facilities, bridges were built as were schools and highways… the work of the WPA.  It provided jobs for the unemployed.  For this current Greater Depression it is called “shovel ready jobs.”

When they hire a new government employee, it depletes the tax base rather than adding to it, so new government hires cannot be categorized as “new jobs” produced by the economy. But the Obama Administration needs to look like it is doing SOMETHING right, so they "create" new jobs by funding them via private sector contractor work projects.  Then they can be counted as new jobs… just as Franklin Delano Roosevelt did with WPA jobs – but government, not a thriving free marketplace, is paying for these “new jobs.”  Regardless of stock market ups and downs, the marketplace is not thriving.  It is being manipulated.

I believe the core problem centers on the incorporation of every federal, state, and county and all of the departments within each and the resulting system that had to be built to support itself.  Logic tells me that if we get rid of the corporations, we remove their ability to manipulate our courts and all government offices with no personal accountability.  I believe if we take action while we still can, we can retrieve our nation from what the international central banking system has thrown in the trash bin of history without first ensuring the corpse is dead.

If I’m correct, this is not only the most important article I’ve ever written for any news publication, it is also one of the most important articles you will ever read.  It’s also the most dangerous… for me, at least – and for Paul Walter, the publisher of News With Views.   Why is it dangerous?  Because it offers a solution to the conundrum (unsolvable puzzle) “they” have created.  Over a long period of time (it began in the late 1800s), “they” created the conundrum to give them sufficient time to globally enslave all but the elitists. The same techniques if not the same programs are being used around the world.  The objective? Global government composed of oligarchies (an elite class and a labor class – no middle class) worldwide.

Manta.com is a Web site that provides corporate information.  It costs a few hundred dollars to be a member of Dunn & Bradstreet – and when I owned my own company, I was a member.  I no longer am.  So, I use Manta.com because it’s free.  Manta (a subsidiary of Dunn & Bradstreet, I believe) provides the names of about 40 million for-profit private companies – including government.

Here is a Manta.com listing for the State of Colorado:

If you look at the bottom of the Manta form, you’ll see that Democrat Governor Hickenlooper is referenced as Colorado’s CEO rather than the State’s Governor.  Why?  Just as corporations do not run on Constitutional law, neither do corporations have Governors.  They have Chief Executive Officers.  Or, they have Managers… check out California’s Governor, Jerry Brown.  Manta.com lists him as California’s “Manager” and California is “A privately held company in Sacramento, CA.”

Here’s more evidence of the incorporation of America’s sovereign states and their cities and counties.

Wisconsin Governor Scott Walker is, like Hickenlooper, listed as that state’s Chief Executive Officer.  On the Walker link to Wisconsin's Washington, D.C. Executive Office (why do Governors need offices in D.C.? – because their state is incorporated there and a corporation needs an office in the location of incorporation), scroll down and look at the Washington, D.C. Executive Office for the State of New York.   Wisconsin and New York are on the same page. This particular link tells you that the State of New York is incorporated in the District of Columbia and that Derek Douglas is the Manager of the Washington, D.C. office, not the Governor.  I researched Douglas, wondering why he is listed as the Washington, D.C.-based New York Governor’s Office Manager.  I found a Press Release from the White House stating that Derek Douglas was an urban affairs special assistant to the President of the United States.

Maryland’s Executive Office D.C. listing shows its State of Incorporation as the District of Columbia.  Does it surprise you to learn that Governors have Executive Offices located in the District of Columbia?  New York is just one example.  Go here to find the D.C. Executive Offices for Pennsylvania, Iowa, Florida, Wisconsin, Maryland, North Carolina, South Carolina, Idaho, California, Delaware, and Oregon.  This article provides too little space to list all 50, but they are there.  Here's the link for the Commonwealth of Massachusetts.

I said our cities and counties have been incorporated.  Here is the Manta.com listing for the City of Birmingham, Alabama.  State of Incorporation is Alabama… the city IS incorporated.  Most of us know that cities are incorporated.  Most of us did not know that our counties are incorporated and that almost every department and division within our incorporated cities and counties are incorporated, too.      

For many years, people have talked about government Comprehensive Annual Financial Reports (CAFRs) and have tried to find where the CAFR funds are hidden.  Where in the world could “they” be hiding them?  The federal, state, county and city corporations would be a good guess.  No one knows about them.

Did I mention that each of these entities has two identities?  There is, for example, the State of Colorado – and there is the State of Colorado, Inc.  There is a County of Denver – and there is a Denver County, Inc., etc.  They cannot drop the Constitutional identity because if they do, they lose “We, the People…” who didn’t volunteer to be part of their corporation. Thus, it appears every government in the country,  no matter how large or how small, has dual identities, one incorporated and one unincorporated.

Here are some Manta.com links you can use to start doing your own research.  When you find your Sheriff’s Department is incorporated, when you find your local Courts are incorporated, you might just want to start carrying a petition to get signatures demanding a vote of the people to dissolve all government corporations within your county and demand that they function under your State Constitution rather than under Statutory Jurisdiction which offers citizens no Constitutional protections from government usurpation of the power of individual citizens.  It will surprise only a few to learn in Part II of this article that it all began with the Federal Reserve System.

Alabama Courts

State Courts in Montgomery, AL

Chief Justice Supreme Court, Alabama

U.S. Courts, Alabama

Town of Columbia, Alabama

Manta lists 39,866 police departments

Veterans Affairs Colorado

Or you can contact any of the 374 veterans organizations listed as companies by the Federal Government.  Now we know how they could withhold medical benefits from our veterans.  We know why no one who participated in withholding the medical services from dying men and women entitled to those services was terminated from government payrolls:  They were wearing their corporate hats and our veterans were functioning under Constitutional protections -- which are non-existent when dealing with corporations.

Here are links to some Manta.com veterans’ listings (you usually have to scroll to the bottom of the page to get what you want… not all listings about veterans involve government agencies like the Veterans Administration; Manta lists private companies that deal with veterans, too).

·                  Alabama (11,907)

·                  Alaska (4,381)

·                  Arizona (8,988)

·                  Arkansas (8,508)

·                  California (35,095)

·                  Colorado (9,647)

·                  Connecticut (7,390)

Dunn & Bradstreet is the official organization that registers and keeps track of American business credit ratings.  They assign DUNS code numbers so corporate credit ratings can be found by lenders or other creditors when companies apply for credit.

Here is a link to the Duns numbers  assigned to some federal government offices. After the federal government listings, every state and its largest population center listing DUNS data is provided. Why do all of these agencies need an independent credit reporting number?  They are part of the federal government, aren't they?  The only reason IRS or the Veterans Administration or the Department of Indian Affairs would need independent DUNS numbers assigned to them is if they are independent agencies (like corporations) functioning independently of the federal government.

The DUNS numbers are not the result of my own research -- the Manta.com material is data I have been personally researching since last summer.  The DUNS numbers have been listed on the Internet since February 2013, but I have been unable to find the person who did all of this work.  I will say the Louisiana and Tennessee numbers appear incorrect (all have 9 numbers assigned except these two).  As a non Dunn & Bradstreet member, I have no way to go to the D&B site and verify them but hope they will be helpful to you.

This list creates a lot of interesting questions.  Looking at the above-linked list of departments within the U.S. Government, does it give you any insight to how “they” get away with the VA scandal, Fast and Furious guns across the border (the Attorney General's office has its own DUNS number), Benghazi (the State Department has its own DUNS number), the IRS (has its own DUNS number) discrimination against conservative groups applying for tax exempt status? 

Relative to the law, corporations are governed by the Uniform Commercial Code (or the Law of the Seas – sometimes called Maritime Law).  They have no obligation to protect anyone’s Constitutional rights when functioning under their corporate hats – and they keep the Constitutional hat available in case they get caught and need to declare their Constitutional rights to certain protections – like Lois Lerner’s use of the Fifth Amendment when she testified before Congress. Perhaps that explains the smirk on her face during that proceeding?

Remember the controversy about Lerner’s appearance before the Senate Committee before which she testified?  “She can’t make a statement pronouncing her innocence and then declare her Fifth Amendment rights to avoid answering questions!  That’s against the law!”  That’s what every constitutional law expert said… and had she been functioning under the Constitution, they would have been correct

When she made her statement, she was wearing her corporate hat.  When she declared her rights under the Constitution, she put on her constitutional hat.  It is the best possible example I can give you about why they need to maintain their rights under BOTH the Constitution and the Corporations for which they work.  The Constitution gives them protections from personal liability they would not otherwise have.

Here is a link to the Duns numbers assigned to cities and states.  I repeat my earlier warning:  The Louisiana and Tennessee numbers appear incorrect (all have 9 numbers assigned except these two).

Part II of this article will explain how America’s laws morphed from Constitutional to Statutory law.  It involves debt (and explains why Congress is so adamantly tied to ever increasing and ongoing debt).

AMERICAN MATRIX: HOW WE LOST OUR CONSTITUTION

PART 2

By Marilyn MacGruder Barnewall
January 16, 2015
NewsWithViews.com

COLORABLE MONEY, COLORABLE LAW, COLORABLE LIBERTY

Before providing you with the following information, I must state that I am not an attorney and have not studied the law. I’m a retired banker who has done a lot of research on this subject.

What we learned in Part I is that federal, state, county and city governments and most of the departments and divisions that are part of them are incorporated. We learned that corporations function under Articles of Incorporation, not a Constitution and that’s how we lost our constitutional rights and courts that support them.

We learned that corporations are governed by business laws having to do with Maritime Law (also called Law of the Seas or Admiralty Law both of which are historically very old) and the Uniform Commercial Code. We learned that Constitutional Law is based on Common Law (which is based on substance and the will of the people -- the Will of God, too, many people say). For example, under Common Law we are provided the alternative of not testifying against ourselves; that is not part of Maritime Law.

To understand the damage that has been done to our nation, we need to define the word “colorable” – its meaning, its impact on our currency, our courts, and our constitutional liberties and the limits the Constitution places on government. It is from the meaning of the word “colorable” that the virus of death infecting our nation breeds and keeps breeding… like Ebola, it dissolves every major life-giving organ in its path until death ensues.

COLORABLE MONEY - COLORABLE COURTS

To be “colorable,” is for something to appear to be what it is not. It looks real, you are told by your government that it is real and, in the example of currency, it is used or behaves as if it’s real, but it is not. Take what you are told is a dollar bill from your billfold. It looks like a dollar bill. You can spend it like a dollar bill. But it is not a dollar bill. It is a Federal Reserve Note. It says so, right on the face of it – at the top, above George Washington’s picture.

In the world of banking, what is a note? Answer: It is a loan. It is credit. According to the Federal Reserve Bank of Minneapolis, fiat money has no value in and of itself, but it can be exchanged… like Monopoly money. A direct quote from the Minneapolis Fed: …(fiat currency can be exchanged) “for goods and services… because (the people) are confident it will be honored when they buy goods and services.”

Money and currency are not the same. We used to have money in America but when the dollar was no longer backed by gold or silver our “money” became a fiat currency. These things called a “Federal Reserve Note” became colorable currency, something that behaved like money because people could use it to buy groceries, cars, electronics, etc., and also pay for services like health care and life insurance. But it was not money. It was colorable… it just serves as a paper currency. Money is something of substance – like gold or silver. For Common Law to exist, money of substance must exist.

If a (colorable) Federal Reserve Note becomes part of a contract, the contract also becomes colorable. Colorable contracts, in turn, must be adjudicated under a “colorable” jurisdiction (system of justice – our courts). So when the colorable currency called Federal Reserve Notes was created, the government had to create a jurisdiction (court system) to cover colorable contracts. The incorporated governments called this new form of jurisdiction Statutory Law because though it was based on the Uniform Commercial Code which is based on Admiralty Law, “Statutory” is neither. Thus, Statutory Jurisdiction is colorable.

It sounds complicated, but if you think about it for a few minutes, it is really quite simple. Public Law was used in Common Law courts; Public Policy is used in Statutory courts... and that's what gave bureaucrats control of our courtrooms. That's what gave them the ability to prosecute members of the public because a regulation passed by a government agency rather than a law passed by Congress or your State Legislature, was violated.

So our courts have changed… how many times in the past years have you heard the term “The Petitioner does not have Standing to file this case… dismissed!” We have been unable to file cases against our government even when clear abuses of power exist. How many juries have been given rules they are told they must follow in determining a verdict, leaving them no choice other than “guilty” or “not guilty” regardless of what the evidence indicates? How many judges have withheld evidence from a jury? It has brought topics like “Nullification” to the forefront of the politically active. Nullification deals with a jury’s right to dismiss from its decision of guilt or innocence the judge’s directions as to what the jury may or may not consider in reaching its decision. Juries are empowered to nullify the judge’s directions if they feel it is justified.

All of this and more has been caused by the change from Common to a colorable form of Maritime Law called Statutory Law… a form of law required when our various governments incorporated -- which, in turn, was required when the Federal Reserve System presented us with a "colorable currency."

What have we Americans been taught by our government-subsidized education about the cause of our Revolutionary War? Mostly we were told about the Boston Tea Party, the Midnight Ride of Paul Revere, and other nice stories.

Many people say the Revolution began because of the Crown’s Declaratory Act which taxed tea, taxed stamps, forced colonists to quarter in their homes members of the English military, etc. No. It began because of the Rothschilds and their central bank system which, in today’s world, has driven us to the brink of another world war.

It’s true that all those things were great irritants, but the real core problem involved central banking – the Bank of England. The colonists were forced by England’s King to use a paper currency issued by the Bank of England which demanded we use it – and we were to cede our colonial banking and monetary systems and pay interest to the Bank of England for using their paper money.

It sounds eerily like the way the Federal Reserve System in America works today, doesn’t it? It is, in fact, quite similar. So we must start with the assumption that what made our ancestors go to war in the 1700s is quite acceptable to Americans today because we have embraced what they were willing to die to prevent: Central banks and a fiat currency.

The Rothschilds were around when America was a colony of Great Britain and the fact that we were founded on the basis of Common Law troubled them. Why? Common Law is based on substance and rejects “colorable money” and “colorable courts.” Article 1 Section 8 of our Constitution describes for you what “substance” relative to Common Law means: “Gold and silver,” not a meaningless fiat currency that has nothing backing it. That is a currency with no substance and violates Common Law.

Prior to the forming of the Federal Reserve System, America’s Constitutional Republic required the nation to pay its debts in gold or silver and Rothschild banks did not loan gold or silver. Thus they did not like our newly-formed government which rejected a fiat currency with nothing backing it (what we have today). As described above, the Rothschilds allowed the King of England to borrow paper money from them and got repaid in gold and silver.

Our Constitution declared gold and silver as the official currency of the United States of America and that’s why the Rothschilds financed the War of 1812. They wanted America as part of the United Kingdom so they could expand into the New World their Bank of England scam. They of course lost the War of 1812 and began seeking other ways to further their “we’ll loan you paper and you pay us back in gold and silver” scheme and began working on what we now have as a central banking system, the Federal Reserve, founded on December 23, 1913, 100 years after the War of 1812. And how legitimate is the Federal Reserve Act of 1913? Not very. Read the history.

Our ancestors in North America began to revolt against the Brits but we had Common Law in the Colonies at the time. When the King’s tax collectors made their rounds, however, they imposed Admiralty Law on the people. It enabled them to arrest and quickly try people, denying to what were mostly Englishmen and women the common rights due them as citizens of the Crown. That is what caused the Revolutionary War.

Perhaps the most interesting part of our history is that almost exactly the same thing has happened to us once again. What’s the old saying about what happens if we don’t learn from history? By incorporating federal, state, and county governments (because of the Federal Reserve’s colorable currency), the U.S. Government made it possible to remove the Common Law supported by our U.S. Constitution and implement a prostituted form of Maritime (or Admiralty) Law called Statutory Law. Our ancestors refused to tolerate it and it will be interesting to see if today’s society which seems more motivated by security and comfort than by right and wrong and liberty will accept the Law of the Seas.

To make sure we’re all on the same page, let’s start with some definitions and let them guide you to an understanding of how we got in our current mess. Only if we understand the history behind these massive problems will we be able to solve them.

To explain how the loss of Common Law robbed us of our independence and our Republic and how incorporating federal, state, and county governments made it possible, we need some definitions. You’re about to get a graduate school crash course in business and finance (and a little law):

JURISDICTION: 1. The right of a court to hear a particular case, based on the scope of its authority over the type of case and the parties to the case. 2. Authority or control. 3. The extent of authority or control. 4. The territorial range of authority or control.

While researching the jurisdiction of our courts, I came upon an article that was so well done, so easy for a non-lawyer to understand, I decided to reprint portions of it here. One of the difficult things about writing both Parts I and II of this article is stating things in a way that can be understood by non-bankers and non-lawyers. Since I’m not a lawyer, I particularly appreciated this article and recommend that you read it in its entirety HERE. I am not publishing the entire article below, just those parts that apply to this topic.

The article is a condensed story about a man named Howard Freeman and is based on a seminar Freeman gave in 1990. The article is written in ham and eggs English and is not filled with legal terminology that forces you to look every-other-word up in a legal dictionary. The following definition about Common Law, Equity Law, Admiralty/Maritime Law, Courts of Contract, Colorable Money and Colorable Courts, and the Uniform Commercial Code is taken from that seminar and the article written about it.

The Constitution of the United States mentions three areas of jurisdiction in which the courts may operate:

COMMON LAW

Common Law is based on God's law. Anytime someone is charged under the Common Law, there must be a damaged party. You are free under the Common Law to do anything you please, as long as you do not infringe on the life, liberty, or property of someone else. You have a right to make a fool of yourself provided you do not infringe on the life, liberty, or property of someone else. The Common Law does not allow for any government action which prevents a man from making a fool of himself. For instance, when you cross over the state lines in most states, you will see a sign which says, " BUCKLE YOUR SEAT BELTS - IT'S THE LAW. " This cannot be Common Law, because who would you injure if you did not buckle up? Nobody. This would be compelled performance. But Common Law cannot compel performance. Any violation of Common Law is a CRIMINAL ACT, and is punishable.

EQUITY LAW

Equity Law is law which compels performance. It compels you to perform to the exact letter of any contract that you are under. So, if you have compelled performance, there must be a contract somewhere, and you are being compelled to perform under the obligation of the contract. Now this can only be a civil action - not criminal. In Equity Jurisdiction, you cannot be tried criminally, but you can be compelled to perform to the letter of a contract. If you then refuse to perform as directed by the court, you can be charged with contempt of court, which is a criminal action. Are our seat belt laws Equity Laws? No, they are not, because you cannot be penalized or punished for not keeping to the letter of a contract. (BARNEWALL NOTE: You may have signed an insurance contract agreeing to always wear your seat belts or otherwise obey all traffic laws and, of course, your state requires automobile insurance coverage.)

ADMIRALTY/MARITIME LAW

This is civil jurisdiction of Compelled Performance which also has Criminal Penalties for not adhering to the letter of the contract, but this only applies to International Contracts. Now we can see what jurisdiction the seat belt laws (all traffic codes, etc) are under. Whenever there is a penalty for failure to perform (such as willful failure to file), that is Admiralty/Maritime Law and there must be a valid international contract in force.

However, the courts don't want to admit that they are operating under Admiralty/Maritime Jurisdictions, so they took the international law or Law Merchant and adopted it into our codes. That is what the Supreme Court decided in the Erie Railroad case (Erie Railroad v. Tompkins, Supreme Court, 1938) - that the decisions will be based on commercial law or business law and that it will have criminal penalties associated with it. Since they were instructed not to call it Admiralty Jurisdiction, they call it Statutory Jurisdiction.

COURTS OF CONTRACT

You must ask how we got into this situation where we can be charged with failure to wear seat belts and be fined for it. Isn't the judge sworn to up hold the Constitution? Yes, he is. But you must understand the Constitution, in Article I, § 10, gives us the unlimited right to contract, as long as we do not infringe on the life, liberty or property of someone else. Contracts are enforceable, and the Constitution gives two jurisdictions where contracts can be enforced - Equity or Admiralty. But we find them being in Statutory Jurisdiction. This is the embarrassing part for the courts, but we can use this to box the judges into a corner in their own courts.

CONTRACTS MUST BE VOLUNTARY

Under the Common Law, every contract must be entered into knowingly, voluntarily, and intentionally by both parties or it is void and unenforceable. This is characteristic: It must be based on substance. For example, contracts used to read, "For one dollar and other valuable considerations, I will paint your house,” etc. That was a valid contract - the dollar was a genuine, silver dollar. Now, suppose you wrote a contract that said, "For one Federal Reserve Note and other considerations, I will paint your house...." And suppose, for example, I painted your house the wrong color. Could you go into a Common Law court and get justice? No, you could not. You see, a Federal Reserve Note is a "colorable" dollar, as it has no substance, and in a Common Law Jurisdiction, that contract would be unenforceable.

COLORABLE MONEY - COLORABLE COURTS

Colorable: That which exists in appearance only, and not in reality; not what it purports to be, hence counterfeit, feigned to have the appearance of truth. Black's Law Dictionary, Sixth Edition.

It is "colorable" Admiralty Jurisdiction the judges are enforcing because we are using "colorable money." Colorable Admiralty is now known as Statutory Jurisdiction. Let's see how we got under this Statutory Jurisdiction.

UNIFORM COMMERCIAL CODE

The government set up a "colorable" law system to fit the "colorable" currency. It used to be called the Law Merchant or the Law of Redeemable Instruments, because it dealt with paper which was redeemable in something of substance. But, once Federal Reserve Notes had become unredeemable, there had to be a system of law which was completely "colorable" from start to finish. This system of law was codified as the Uniform Commercial Code, and has been adopted in every state. This is "colorable" law, and it is used in all the courts.

(End of text from Howard Freeman’s seminar.)

Do you see how the Federal Reserve Notes were the basic cause of the problems we now see in our courts, our financial system, our Republic, our Independence as a people? They created a fiat currency backed by nothing. Keep in mind, the word “Note” means “Loan.” It is “colorable currency.”

The Common Law, as embodied in the US Constitution, for the protection and security of persons and property, is Substantive Common Law - [substantive right: a right {as of life, liberty, property, or reputation} held to exist for its own sake and to constitute part of the normal legal order of society] - the intention of the Founding Fathers being the assurance of access to this law by the people.

The most important thing we the people can work to achieve is Constitutional Counties. This system was imposed on us from the top down and must be unwound from the bottom up.

As I said in Part I of this article, corporations can be dissolved – and we need to do that. It’s not difficult to achieve… get enough signatures on a petition to get the initiative on your county ballot and vote the corporations out of existence.

It is, however, more difficult than it sounds. It requires extensive planning because you must remember how we got from a Constitutional Republic to Crony Capitalism. Here’s what I think happened.

The Federal Reserve came into being in 1913. Our money was turned into a fiat currency when President Nixon took us off of the gold standard. The U.S. Government was based on Common Law which made colorable money (money lacking substance – Common Law is based on substance) and that made it impossible for it to continue issuing Federal Reserve Notes. So the federal government incorporated itself which made it possible for them to continue with the issuance of Federal Reserve Notes. It became clear that the states could not accept colorable money from an incorporated federal government unless they, too, were incorporated – and the same thing happened to our counties. To gain access to a colorable currency, an entire system had to be created. 

How much simpler our lives would be if the Treasury Department had taken over America’s monetary system rather than build this octopus so the Federal Reserve System could be maintained! This attests to the power of the Rothschild central banking system. We might want to keep in mind that one of the primary problems in the Middle East is that Islam does not allow loan usury (interest) and not all of the nations in the Middle East have central banks. Libya didn’t have one – until Muammar Gaddafi was removed from office and killed. Libya now has a central bank. (The Stylebook at the Washington Post spells it "Gaddafi." The Stylebook at the Associated Press spells it "Gadhafi.")

 

Though it is not difficult to dissolve the corporations if it is the will of the people to regain their constitutional rights, a great deal of thought must go into how a county that dissolves its corporations will survive without federal and state dollars. Some of the questions that arise are:

1. If Common Law is returned to our court system and our governing bodies, it requires a currency that has substance and contracts based on that substance. Fiat currency – Federal Reserve Notes – has no substance. How can those people being paid by the federal, state, or county governments get paid in a currency of substance? How about people receiving Social Security and Medicare benefits? How about veterans receiving retirement and VA benefits? They are being paid in Federal Reserve Notes (as we all are) which, since they are not redeemable in gold or silver, are deemed as having no substance and contracts with no substance are rejected by Common Law. This part of problem resolution is complex – but with good planning it can be done.

2. Can fiat currency be used at all in a Constitutional County?

3. Is there a way to reject the colorable Statutory Laws created by federal and state governments and build a bridge between Common Law and the Uniform Commercial Code, Admiralty/Maritime Law, Equity Law, etc.?

There are many other questions, but to ask and answer them requires a book, not an article. The purpose of this two-part article has been to explain to you what I believe happened and what I believe the solution to be. It will not be easy. Nor will it be free.

Liberty is never free. How much you value it will determine the price you are willing to pay to regain it.

Click here for part -----> 1,

© 2015 Marilyn M. Barnewall - All Rights Reserved

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Marilyn MacGruder Barnewall began her career in 1956 as a journalist with the Wyoming Eagle in Cheyenne. During her 20 years (plus) as a banker and bank consultant, she wrote extensively for The American Banker, Bank Marketing Magazine, Trust Marketing Magazine, was U.S. Consulting Editor for Private Banker International (London/Dublin), and other major banking industry publications. She has written seven non-fiction books about banking and taught private banking at Colorado University for the American Bankers Association. She has authored seven banking books, one dog book, and two works of fiction (about banking, of course). She has served on numerous Boards in her community.

Barnewall is the former editor of The National Peace Officer Magazine and as a journalist has written guest editorials for the Denver Post, Rocky Mountain News and Newsweek, among others. On the Internet, she has written for News With Views, World Net Daily, Canada Free Press, Christian Business Daily, Business Reform, and others. She has been quoted in Time, Forbes, Wall Street Journal and other national and international publications. She can be found in Who's Who in America, Who's Who of American Women, Who's Who in Finance and Business, and Who's Who in the World.

Web site: http://marilynwrites.blogspot.com