STATUTES REPLACED
WITH INTERNATIONAL LAW CIRCA 1933
December 9th 1945
International Organization Immunities Act relinquished every public office of
the United States to the United Nations.
GOVERNMENT AGENT
ACTING AS AN [OFFSHORE] STATUTE MERCHANT
Whatever the form
in which the Government functions, anyone entering into an arrangement with the
Government takes the risk of having accurately ascertained that he who purports
to act for the Government stays within the bounds of his authority. The scope
of this authority may be explicitly defined by Congress or be limited by
delegated legislation, properly exercised through the rule-making power. And
this is so even though, as here, the agent himself may have been unaware of the
limitations upon his authority. See, e.g., Utah Power & Light Co. v. United
States, 243 U.S. 389. 409, 391; United States v. Stewart, 311 U.S. 60, 70, 108,
and see, generally, In re Floyd Acceptances, 7 Wall. 666);
NEITHER THE FOR
PROFIT GOVERNMENT NOR THE [FOREIGN] STATUTE MERCHANT/AGENT HAS ACCESS TO
SOVEREIGN IMMUNITY
As a member of a
corporation, a government never exercises its sovereignty. It acts merely as a
corporator, and exercises no other power in the management of the affairs of
the corporation, than are expressly given by the incorporating act. Suits
brought by or against it are not understood to be brought by or against the
United States. The government, by becoming a corporator, lays down its
sovereignty, so far as respects the transaction of the corporation, and
exercises no power or privilege which is not derived from the charter.); U.S.
v. Georgia-Pacific Co., 421 F.2d 92, 101 (9th Cir. 1970) (Government may also be
bound by the doctrine of equitable estoppel if acting in proprietary [for
profit nature] rather than sovereign capacity); the “Savings to Suitor Clause”
is also available for addressing mercantile and admiralty matters aka “civil
process” at the common law and within a state court.
THE REASON WHY
THE LAW OF NECESSITY AND FULL DISCLOSURE GOING TO SPECIFICITY COMES INTO PLAY
IN COMMERCIAL PROCEEDINGS ONCE YOU’RE SUMMONED INTO ANY OF THESE PRIVATE
MERCANTILE CORPORATE COURTS
Title 8, 22 &
28 USC
Whereas defined
pursuant to: December 26th 1933 49 Statute 3097 Treaty Series 881 (Convention
on Rights and Duties of States) stated CONGRESS replaced STATUTES with
international law, placing all states under international law.
Whereas defined
pursuant to: December 9th 1945 International Organization Immunities Act
relinquished every public office of the United States to the United Nations.
Whereas defined
pursuant to: 22 CFR 92.12-92.31 FR Heading “Foreign Relationship” states that
an oath is required to take office.
Whereas defined
pursuant to: Title 8 USC 1481 stated once an oath of office is taken
citizenship is relinquished, thus you become a foreign entity, agency, or
state. That means every public office is a foreign state, including all
political subdivisions. (i.e. every single court and that courts personnel is
considered a separate foreign entity)
Whereas defined
pursuant to: Title 22 USC (Foreign Relations and Intercourse) Chapter 11
identifies all public officials as foreign agents.
Whereas defined
pursuant to: Title 28 USC 3002 Section 15A states that the United States is a
Federal Corporation and not a Government, including the Judiciary Procedural
Section.
Whereas defined
pursuant to: Federal Rules of Civil Procedure (FRCP) 4j states that the Court
jurisdiction and immunity fall under a foreign State.
Whereas defined
pursuant to: The 11th Amendment states “The Judicial power of the United States
shall not be construed to extend to any suit in law or equity, commenced or
prosecuted against one of the United States by Citizens of another State, or by
Citizens or Subjects of an Foreign State.” (A foreign entity, agency, or state
cannot bring any suit against a United States citizen without abiding the
following procedure.)
Whereas defined
pursuant to: Title 22 CFR 93.1-93.2 states that the Department of State has to
be notified of any suit, and in turn has to notify the United States citizen of
said suit.
Whereas defined
pursuant to: Title 28 USC 1330 states that the United States District Court has
to grant permission for the suit to be pursued once the court has been supplied
sufficient proof that the United States citizen is actually a corporate entity.
Whereas defined pursuant
to: Title 28 USC 1608 I have Absolute Immunity as a Corporation
Whereas defined
pursuant to: Title 28 USC 1602-1611 (Foreign Sovereign Immunities Act) allows
the jurisdiction of a court to be challenged, and a demand of proper
jurisdiction to be stated. http://www.scribd.com/doc/184846582/Common-Law-Trust-Foreign-Sovereign-Immunity-Act-Defined-Public-Notice-Public-Record
FOREIGN SOVEREIGN
IMMUNITY ACT defined: subject to
existing international agreements to which the U.S. is a party, and to certain
statutorily prescribed exceptions, a foreign nation is immune from the
jurisdiction of
federal and state courts. [28 U.S.C. Sec. 1601-1611] Black's Law Dictionary Sixth Edition (page
1396)
Whereas
defined pursuant to; Immunity of a
foreign state from jurisdiction: Subject
to existing international agreements to which the United States is a party at
the time of enactment of this Act a foreign state shall be immune from the
jurisdiction of the courts of the United States and of the States except as
provided in sections 1605 to 1607 of this chapter.
Whereas
defined pursuant to: Immunity from attachment and execution of property of a
foreign state: Subject to existing international agreements to which the United
States is a party at the time of enactment of this Act the property in the
United States of a foreign state shall be immune from attachment arrest and
execution except as provided in sections 1610 and 1611 of this chapter.
SOVEREIGN PEOPLE
defined: the political body,
consisting of the entire number of citizens and qualified electors, who, in
their collective capacity, possess the powers of sovereignty and exercise
them through their chosen representatives [see Scott v. Sanford, 19 How. 404, 15 L. Ed. 691.] Black's Law
Dictionary Sixth Edition (page 1396)
SAVINGS TO
SUITORS CLAUSE defined: That provision in 28 U.S.C.A. § 1333(1) which gives the
U.S. District Courts original jurisdiction, "exclusive of the courts of
the state" of any civil case of admiralty or maritime jurisdiction,
"saving to suitors in all cases all other remedies to which they are
otherwise entitled." The "saving to suitors" clause of the
section of the Judiciary Act implementing constitutional provision extending
federal judicial powers to cases of admiralty and maritime jurisdiction means
that a suitor asserting an in personam admiralty claim may elect to sue in a
"common law" state court through an ordinary civil action, and in
such actions, the state courts must apply the same substantive law as would be
applied had the suit been instituted in admiralty in a federal court. Shannon
v. City of Anchorage, Alaska, 478 P.2d 815, 818. Black’s Law Dictionary Sixth
Edition (page 1343)
Whereas defined
pursuant to: July 27th 1868 15 Statutes at Large Chapter 249 Section 1 “Acts
Concerning American Citizens in a Foreign State”, expatriation, is what is
broken when jurisdiction is demanded, and it is not met with an answer.
Whereas defined
pursuant to: Under the Federal Rules of Civil Procedure 12b 6 the prosecution
has failed to provide adequate proof that the parties involved in this
situation are actually corporate entities. I have provided ample proof that the
prosecution and other agents are actually corporations.
CORPORATOR
defined: One who is a member of a corporation.2. In general, a corporator is
entitled to enjoy all the benefits and rights which belong to any other member
of the corporation as such. But in some corporations, where the rights are of a
pecuniary nature, each corporator is entitles to those rights in proportion to
his interest; he will therefore be entitled to vote only in proportion to the
amount of his stock, and be entitled to dividends in the same proportion. 3. A
corporator is not in general liable personally for any act of the corporation,
unless he has been made so by the charter creating the corporation. A Law
Dictionary Adapted To The Constitution and Laws of the United States of America
and of the Several States of the American Union by John Bouvier Revised Sixth
Edition, 1856
BY-LAWS defined:
Rules and ordinances made by a corporation for its own government. 2. The power
to make by-laws is usually conferred by express terms of the charter creating
the corporation, though, when not expressly granted, it is given by
implication, and it is incident to the very existence of a corporation. When
there is an express grant, limited to certain cases and for certain purposes,
the corporate power of legislation is confined to the objects specified, all
others being excluded by implication. 2 Kyd on Corp. 102; 2 P. Wms. 207; Ang. on Corp. 177. The power
of making by-laws, is to be exercised by those persons in whom it is vested by
the charter; but if that instrument is silent on that subject, it resides in
the members of the corporation at
large. Harris & Gill's R. 324; 4 Burr. 2515, 2521; 6 Bro. P. C. 519. 3. The constitution of the United
States, and acts of congress made in conformity to it the constitution of the
state in which a corporation is located, and acts of the legislature,
constitutionally made, together with the common-law as there accepted, are of
superior force to any by-law; and such by-law, when contrary to either of them,
is therefore void, whether the charter authorizes the making of such by-law or
not; because no legislature can grant power larger than they themselves
possess. 7 Cowen's R. 585; Id. 604 5
Cowen's R. 538. Vide, generally, Aug. on Corp. ch. 9; Willc. on Corp. ch. 2, s.
3; Bac. Ab. h. t.; 4 Vin. Ab. 301 Dane's Ab. Index, h. t., Com. Dig. h. t.; and
Id. vol. viii. h. t. A Law Dictionary Adapted To The Constitution and Laws of
the United States of America and of the Several States of the American Union by
John Bouvier Revised Sixth Edition, 1856
By-Laws,
Regulations, ordinances, rules or laws adopted by an association or corporation
or the like for its internal governance. Bylaws define the rights and obligations
of various officers, persons or groups within the corporate structure and
provide rules for routine matters such as calling meetings and the like. Most
state corporation statutes contemplate that every corporation will adopt
bylaws. The word is also sometimes used to designate the local laws or
municipal statutes of a city or town, though, more commonly the tendency is to
employ the word "ordinance" exclusively for this class of enactments,
reserving "by-law" for the rules adopted by corporations.
LAW OF NATIONS
defined: The science which teaches the rights subsisting between nations or
states, and the obligations correspondent to those rights. Vattel's Law of Nat.
Prelim. Sec. 3. Some complaints, perhaps not unfounded, have been made as to
the want of exactness in the definition of this term. Mann. Comm. 1. The phrase
"international law" has been proposed, in its stead. 1 Benth. on
Morals and Legislation, 260, 262. It is a system of rules deducible by natural
reason from the immutable principles of natural justice, and established by
universal consent among the civilized inhabitants of the world; Inst. lib. 1,
t. 2, Sec. 1; Dig. lib. 1, t. 1, l. 9; in order to decide all disputes, and to
insure the observance of good faith and justice in that intercourse which must
frequently occur between them and the individuals belonging to each or it
depends upon mutual compacts, treaties, leagues and agreements between the
separate, free, and independent communities. 2. International law is generally
divided into two branches; 1. The natural law of nations, consisting of the
rules of justice applicable to the conduct of states. 2. The positive law of
nations, which consist of, 1. The voluntary law of nations, derived from the
presumed consent of nations, arising out of their general usage. 2. The
conventional law of nations, derived from the express consent of nations, as
evidenced in treaties and other international compacts. 3. The customary law of
nations, derived from the express consent of nations, as evidenced in treaties
and other international compacts between themselves. Vattel, Law of Nat. Prel.
3. The various sources and evidence of the law of nations, are the following:
1. The rules of conduct, deducible by reason from the nature of society existing
among independent states, which ought to be observed among nations. 2. The
adjudication of international tribunals, such as prize courts and boards of
arbitration. 3. Text writers of authority. 4. Ordinances or laws of particular
states, prescribing rules for the conduct of their commissioned cruisers and
prize tribunal's. 5. The history of the wars, negotiations, treaties of peace,
and other matters relating to the public intercourse of nations. 6. Treaties of
peace, alliance and commerce, declaring, modifying, or defining the
pre-existing international law. Wheat. Intern. Law, pt. 1, c. 1, Sec. 14. 4.
The law of nations has been divided by writers into necessary and voluntary; or
into absolute and arbitrary; by others into primary and secondary, which latter
has been divided into customary and conventional. Another division, which is
the one more usually employed, is that of the natural and positive law of
nation's. The natural law of nations consists of those rules, which, being
universal, apply to all men and to all nations, and which may be deduced by the
assistance of revelation or reason, as being of utility to nations, and
inseparable from their existence. The positive law of nations consists of rules
and obligations, which owe their origin, not to the divine or natural law, but
to human compacts or agreements, either express or implied; that is, they are
dependent on custom or convention. 5. Among the Romans, there were two sorts of
laws of nations, namely, the primitive, called primarium, and the other known
by the name of secundarium. The primarium, that is to say, primitive or more
ancient, is properly the only law of nations which human reason suggests to
men; as the worship of God, the respect and submission which children have for
their parents, the attachment which citizens have for their country, the good
faith which ought to be the soul of every agreement, and the like. The law of
nations called secundarium, are certain usages which have been established
among men, from time to time, as they have been felt to be necessary. Ayl.
Pand. B. 1, t. 2, p. 6. As to the law of, nations generally, see Vattel's Law
of Nations; Wheat. on Intern. Law; Marten's Law of Nations; Chitty's Law of
Nations; Puffend. Law of Nature and of Nations, book 3; Burlamaqui's Natural
Law, part 2, c. 6; Principles of Penal Law, ch. 13; Mann. Comm. on the Law of
Nations; Leibnitz, Codex Juris Gentium Diplomaticus; Binkershoek, Quaestionis
Juris Publici, a translation of the first book of which, made by Mr. Duponceau,
is published in the third volume of Hall's Law Journal; Kuber, Droit des Gens
Modeme de l'Europe; Dumont, Corps Diplomatique; Mably, Droit Public de
l'Europe; Kent's Comm. Lecture 1. A Law Dictionary Adapted To The Constitution
and Laws of the United States of America and of the Several States of the
American Union by John Bouvier Revised Sixth Edition, 1856
Whereas defined
pursuant to: The Alien Registration Act of 1940, usually called the Smith Act
because the anti-sedition section was authored by Representative Howard W.
Smith of Virginia, was adopted at 54 Statutes at Large 670-671 (1940). The Act
has been amended several times and can now be found at 18 U.S. Code § 2385
(2000). § 2385. Advocating Overthrow of Government;
Whoever knowingly
or willfully advocates, abets, advises, or teaches the duty, necessity,
desirability, or propriety of overthrowing or destroying the government of the
United States or the government of any State, Territory, District or Possession
thereof, or the government of any political subdivision therein, by force or
violence, or by the assassination of any officer of any such government; or
Whoever, with intent to cause the overthrow or destruction of any such
government, prints, publishes, edits, issues, circulates, sells, distributes,
or publicly displays any written or printed matter advocating, advising, or
teaching the duty, necessity, desirability, or propriety of overthrowing or
destroying any government in the United States by force or violence, or
attempts to do so; or Whoever organizes or helps or attempts to organize any
society, group, or assembly of persons who teach, advocate, or encourage the
overthrow or destruction of any such government by force or violence; or
becomes or is a member of, or affiliates with, any such society, group, or
assembly of persons, knowing the purposes thereof-- Shall be fined under this
title or imprisoned not more than twenty years, or both, and shall be
ineligible for employment by the United States or any department or agency
thereof, for the five years next following his conviction. If two or more
persons conspire to commit any offense named in this section, each shall be
fined under this title or imprisoned not more than twenty years, or both, and
shall be ineligible for employment by the United States or any department or
agency thereof, for the five years next following his conviction. As used in
this section, the terms "organizes" and "organize", with
respect to any society, group, or assembly of persons, include the recruiting
of new members, the forming of new units, and the regrouping or expansion of
existing clubs, classes, and other units of such society, group, or assembly of
persons.
Whereas defined pursuant to: Officers and employees acting as agents of foreign principal 18 USC § 219 (a) Whoever, being a public official, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined under this title or imprisoned for not more than two years, or both. (b) Nothing in this section shall apply to the employment of any agent of a foreign principal as a special Government employee in any case in which the head of the employing agency certifies that such employment is required in the national interest. A copy of any certification under this paragraph shall be forwarded by the head of such agency to the Attorney General who shall cause the same to be filed with the registration statement and other documents filed by such agent, and made available for public inspection in accordance with section 6 of the Foreign Agents Registration Act of 1938 (22 USCS § 616], as amended. (c) For the purpose of this section "public official" means Member of Congress, Delegate, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency, or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government. (Added July 4, 1966, P. L. 89-486, § 8(b), 80 Stat. 249; Oct. 12, 1984, P. L. 98473, Title II, Ch XI, Part J, § 1116, 98 Stat. 2149; Nov. 10, 1986, P. L. 99-646, § 30, 100 Stat. 3598; Nov. 29, 1990, P. L. 101-647, Title XXXV, § 3511, 104 Stat. 4922.) HISTORY; ANCILLARY LAWS AND DIRECTIVES References in text: "The Foreign Agents Registration Act of 1939", referred to in subsec. (a), is Act June 8, 1938, ch 327, 52 Stat. 631, which appears generally as 22 USCS § 611 et seq. For full classification of this Act, consult USCS Tables volumes. Explanatory notes: A prior § 219 was redesignated as 18 USCS § 214 by Act Oct. 23, 1962, P. L. 87-849, § 1(d), 76 Stat. 1125. Effective date of section: Act July 4, 1966, P.L. 89-486, § 9, 80 Stat. 249, provides that this section shall become effective 90 days after its enactment on July 4, 1966; see 22 USCS § 611 note. Amendments: 1984. Act Oct. 12, 1984, in the first undesignated para., substituted "a public official" for "an officer or employee"; and added the third undesignated para. 1986. Act Nov. 10, 1986 designated the first undesignated para. as subsec. (a), and substituted such subsec. for one which read: "Whoever, being a public official of the United States in the executive, legislative, or judicial branch of the Government or in any agency of the United States, including the District of Columbia, is or acts as an agent of a foreign principal required to register under the Foreign Agents Registration Act of 1938, as amended, shall be fined not more than $10,000 or imprisoned for not more than two years, or both."; designated the second and third undesignated paras. as subsecs. (b) and (c) respectively, and in subsec. (c), as so designated, substituted "Delegate" for "the Delegate from the
District of
Columbia," and deleted, " or a juror" preceding the concluding
period. 1990. Act Nov. 29, 1990, in subsec. (c), substituted
"Government" for "Governments" preceding "thereof,
including."
Whereas defined
pursuant to “United States” means— (a) a Federal corporation; (b) an agency,
department, commission, board, or other entity of the United States; or (c) an
instrumentality of the United States. [together with all States, Counties and
Cities/Municipalities]
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