Marilyn Writes

Marilyn MacGruder Barnewall began her career as a journalist with the Wyoming Eagle in Cheyenne. During her 20 year banking career, she wrote extensively for The American Banker, Bank Marketing Magazine, Trust Marketing Magazine, and other major industry publications. The American Bankers Association (ABA) published Barnewall’s Profitable Private Banking: the Complete Blueprint, in 1987. She taught private banking at Colorado University for the ABA and trained private bankers in Singapore.

Sunday, November 15, 2015



By Marilyn MacGruder Barnewall
November 15, 2015

How do we get our country back?

We get our country and our Republic back the same way we lost it: One politician at a time, one judge at a time.

Mostly, we get our country back by realizing there are two forms of government working at any one time: Corporate and Constitutional.

The country is incorporated. Your state is incorporated. Your local county is incorporated. Your city is incorporated. And every department within each of those entities is incorporated, from the public library to the courts to the Sheriff’s department. Do you have any idea what that means?

Has government left the constitutional system behind, embracing instead the corporate system? Government now chooses when it will function under the jurisdiction (authority) of the Constitution and when it will function under the jurisdiction of a corporation. The two are sometimes intermingled. For example, remember when the IRS’s Lois Lerner testified before Congress about withholding tax exempt status from conservative groups? She made a statement and then took the Fifth, refusing to answer questions.

Law authorities across the nation shouted that she could not do that. She gave up her right to declare her rights to not testify against herself under the Fifth Amendment when she made her opening statement.

When Lerner made her statement, she was wearing her corporate hat. She removed that hat and replaced it with her constitutional hat and took the Fifth. Can she do that? Please note that nothing has ever been done to force Lerner to testify. I rest my case.

Watch for the word “of” to give you a clue as to which hat a government employee or office is wearing. When they choose to function as a corporation, they represent the County of ABC. When they function constitutionally, they represent ABC County. You may live in Colorado (the constitutional state) – or, you may live in the State of Colorado (the corporate state). When you hear the word “of,” you know you are functioning under the jurisdiction (authority) of a corporation... the corporate version of government. Is that important? Only if you think your constitutional rights are important. You see, corporations don’t operate under a constitution; corporations are governed by by-laws.

Read the two articles I did on this subject a year ago. They explain why we have Equity rather than Constitutional courts. They explain that incorporated counties and states and federal governments function under by-laws, not under a Constitution and provide links so you can use them to check the accuracy of the information.

There are experts on the Constitution and the protections it provides American citizens. They lecture around the country about how it is unconstitutional for this or that to happen. But the things they mention in their examples are happening to people who are being abused and government calls it lawful. On the one hand, the constitutional experts say what they are doing to people is unconstitutional; on the other, courts are doing what the experts say is unconstitutional. When that happens, it is called tyranny. No judges or law enforcement personnel ever go to jail... so who is right? The constitutional experts; or the judges and law enforcement?

If a court is functioning as a corporation, it is functioning under by-laws, not a constitution. Thus it has no obligation to observe anyone’s constitutional rights. If only those who go into court to fight unlawful foreclosures understood this, their outcomes would often be different. If you have wondered how courts can get away with making so many decisions that violate the constitutional rights of people appearing before the courts, this answers your questions.

These constitutional “experts” don’t get it... even many who agree that the federal, state, county and city governments are incorporated. I’ve said it many times, but let me say it again as clearly as it can be said. When any form of government functions as a corporation, it functions under the laws of the Uniform Commercial (UCC) or Maritime Law. It functions under corporate by-laws, like every other corporation. Its court is a court of equity – or contract law – not common law as recognized by the Constitution.

Are equity (contract) courts lawful? According to “them,” they are; but then, I don’t know a crook or con man who won’t try to convince you that what he/she is doing is lawful... whether they are involved in child abuse, fraud, rape, theft, or murder. There’s always a very good reason to justify their non-justifiable actions. Read Part II of my article about how and why cities, counties, states and the federal government became incorporated to understand why equity courts are, according to the Constitution, unlawful... but why they are required. It has to do with fiat currency.

No corporation functions under a constitution. When you go into a courtroom and the American flag has gold fringe around it, all who enter that courtroom are being told that the court’s jurisdiction is the UCC/contract or Maritime Law. It has no jurisdiction (authority) in matters involving the Constitution or your rights under the Common Law of the Constitution. Read my 2011 NewsWithViews article about fringed flags.

How did we become such a politically corrupt country?

We lost the single protection given us by our founding fathers to prevent government corruption when we lost our rights as individual citizens to call a Grand Jury investigation and have it recognized by law enforcement as a legitimate legal action.

One good way to get our country back is to get rid of Rule 6 (g), Federal Rules of Criminal Procedure. Before the 1950s, the People could call a Grand Jury without the involvement of judges, district attorneys or prosecutors. We didn’t need government’s approval to legally investigate government misdeeds and corruption. That changed when the Federal Rules Advisory Committee gave us Rule 6 (g). Pardon my language, but no damned committee has the right to remove the constitutional rights of American citizens!

Read about how the Grand Jury system is supposed to work on behalf of the people, not the government, [here] (Leo C. Donofrio, J.D.) and [here] (Roger Roots, Creighton Law Review).

Before Rule 6 (g), citizens could hold government’s feet to a fire of constitutional law. If we do away with Rule 6 (g), America regains the fourth leg of government given us by our founders... legislative, executive, judicial and citizen grand juries. They removed the latter when Rule 6 (g) was unlawfully forced on us.

If we get rid of Rule 6 (g) – which many legal experts believe is unconstitutional – the people can call grand juries and the people can run them without being controlled by judges and prosecutors. Citizen Grand Juries can hand their County Sheriff an indictment and the Sheriff must pay attention to it. As long as Rule 6 (g) is on the books, County Sheriffs have no jurisdiction (authority) to take action on the findings of Citizen Grand Juries.

Without Rule 6 (g), the people lawfully can investigate government misdeeds and the evidence presented does not require the approval of a judge or district attorney or prosecutor. Don’t tell me we’d be in this mess if Rule 6 (g) didn’t stand in our way. I don’t believe it! Rule 6 (g) of the Federal Rules of Criminal Procedure is the major tool used to protect government officials from the justice they deserve.

Balance is required to achieve unity. When something is in a state of imbalance, it cannot be unified. We live on a planet wherein the laws of nature dictate that for every equal there is an opposite. Light/dark, love/hate, male/female, give/take, dry/wet – everything comes in opposing twos so balance can be created.

Politically, we have liberals and we have conservatives – equals and opposites. It is one of the reasons we have two primary political parties. The two parties are supposed to be at opposite ends of the social and political spectrums. Only then are the needs of all people met, not just those of conservatives or liberals. We are intended to fight one another for political dominance – and we are expected to fight fairly. No media manipulation, no lies, just honest debate. For those who do manipulate and lie, justice must be swift and severe.

As most Americans know, we do not have two political parties with opposing views; we have two established political parties who have a singular purpose: One World Government. The new conservatives sent to Congress in 2014 are hauling a heavy load right now... there are only a few who oppose establishment types who are dependent on their RNC or DNC committees to get funding for re-election. That should tell you that it’s stupid to send money to the RNC or DNC. Send money to individual candidates you support.

We need to get rid of Rule 6 (g); we need to implement state banks which will help reduce the power of the Federal Reserve System. We need to get rid of the government corporations, one at a time, beginning at the county level. If there were Conservatives working to make their counties constitutional, we would make real progress towards reclaiming our Republic. There are lawful ways to do it – ways that unify us!

The place to start is your own county. Work from the bottom up, not the top down. Do you have a constitutional county? Not if it is incorporated. Not if the Sheriff’s Department and the Public Library and the County Courts are incorporated. Read my articles on how we became a nation of government corporations at all levels. Check for yourself to see if your county is incorporated... the article tells you how. Bear in mind that the weakness of any corporation is that it can be dissolved... including government corporations.

I don’t know about you, but I’m tired. I’m tired of getting articles from people telling me what the problems are. I know what the problems are. Most of us know what the problems are. I’m tired of no solutions being offered to solve the problems. I’m tired of the faithful who write to tell me that everything is in the hands of God.

I agree with the statement but I do question the view people seem to have of what God is supposed to do versus what our responsibilities are. I don’t view God as my personal ATM who was made part of my life so He could serve me – save the freedom He so graciously gave us when he gave our ancestors America. I believe I was put here to serve Him... to show my appreciation for His gift of a beautiful country founded by true believers who willingly pledged their lives, their wealth, their blood and their reputations to give freedom to those who would come after them.

I often wonder if God sits in heaven watching people put the responsibility on Him to not only provide the country and the freedom but also to defend it.

It’s one thing to believe and to have faith. It’s another thing to avoid responsibilities that belong to We, the People, not to our Creator.

Our Republic can be regained but We, the People, will have to give up reality television and become active in our local political parties... take them back.

Would you rather have freedom or Dancing with the Stars? Do you want to continue reading stories about the problems, or would you rather find solutions?

Click here for part -----> 12,

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