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Abolish the Fed documentary




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The fed and inflation

With all the legal scholars in here, my article might get hacked to death, but I will post a link to it anyway. I decided to link to it instead of posting it directly for 2 reasons. First is it's length and second is my nice little table showing money supply and prices wouldn't work correctly. There is some hidden humor in the analogy portion that some may appreciate if they know the history of the creation of the fed. As I said, it is long so you may need to reserve some time should you decide to read it. It started out as a short article till someone called it bunk. I then went and researched what i already knew to be true so I could prove what I was saying. I incorporated the proofs into the original article thus making it fairly lengthy. Some parts may also sound odd without the explanation I just gave. Anyway, here goes:

http://www.myspace.com/jimmy_madison

It is in my blog section. It is the only one there so it should be easy to find.

Thanks for your time,

Paul.

The intent of the FRB!

Hello Paul, I took the time to read your article. Good work, well done!

It is unfortunate that our leaders at every level have either been accomplices or ignorant of the damages done to all free people by the Federal Reserve Bankers and the world’s central bankers who control the national wealth of all the countries where they control the creation of money.

We were warned by our Founding Fathers exactly what to expect if the control of our money system was relinquished to the central bankers. The battle over money control was going on long before the FRB was given this monopoly and the sanctions of government force to implement their long term goals. Our Founders believed that the American people would not be conquered by war but by destroying our wealth from within.

The goal of the central bankers and all those elitist who support them is simple; the complete and utter surrender of individual freedom and liberty to the aristocracy of the ruling class. The destruction of our wealth is not accidental but the planned slavery of the individual to the “state”.

Out of ignorance or intent, our academic leaders lie to our youth; many religious leaders lie to the religious, and our government leaders lie to everyone. The elitist of every stripe support the FRB and its goals.

You are so right; this is not a simple case of misguided intentions. The central bankers are counterfeiters, inflators and traitors to the American people and should be punished accordingly.

I watched the Democrat debate for a short time this past Sunday morning (that’s all I could take). I heard the words “constitution” or “getting back to our constitutional roots” no less than 3 times. Are the neo-liberal Democrats (really just neo-cons in liberal clothing) changing their views or are they just mouthing the words and sentiments they hear from Dr. Paul because of the strong support he is getting from the people. They will lie through their teeth to keep themselves in control. Don’t fall for more lies. They are not changing their goals only their rhetoric to win.

Best Regards,
Anti-Stupid

Thanks.

Thanks for the support. What I find humorous is the fact that the talking heads at the fed, greenspan previously, and the current chairman plus all the media stooges talk about the fed fighting inflation when it is in fact the fed that causes it. I thought the title appropriate 13 years ago and is still appropriate today because truly, the emperor has no clothes.

Paul.

endorsement makes it legal

I hope I gisted your article correctly to the subject you brought here:

______________________

"By increasing the money supply, the Fed is causing the inflation!
______________________

Here is more conclusive evidence of the Fed increasing the money supply:

http://Friends-n-Family-Research.info/FFR/Merrill_Story_of_M...

The objective of my video is that people stop endorsing fractional lending, which is the legal mechanism "elastic currency" by which the Fed inflates the money supply. I did not read thoroughly, but your article makes it sound as though it is somehow against the law or illegal to produce money from nothing - true in itself. However people become the effective chattel mortgage backing the extra currency by signing endorsement for private credit from the Fed.

Regards,

David Merrill.

The major gist is that, yes.

Hi David,

The Fed does cause the inflation and that was my main point. It is the deliberateness of the Fed in causing the inflation that makes it illegal and I think it would fall under the category of fraud. The purpose of the Glass-Owen act was to stabilize the money system but the result has been the opposite.

I'm not sure if fiat money created from thin air with no backing is illegal. However, I don't think it's wise simply due to the nature of man. It looks as though you have doubts about it being illegal as well. I'd have to actually look into it. The Constitution gives power to Congress to affix the value of the money. My understanding is that they did so by defining the dollar as X number of grains of fine silver through some act early in the nations history. To my knowledge, that law has never been repealed or amended. Contrast that to the inscription on a federal reserve note saying "one dollar" and that may be one area for study and possible action because a FRN is worth nowhere near that standard set by Congress.

The Feds continual and deliberate stomping on the gas and slamming on the brakes while informing their buddies beforehand is also illegal. The classic example of this was when the stock market crashed in '29 and the JP morgan and Rockefeller interests were well out of the market beforehand. Then they pulled the trigger by calling all the broker call loans forcing the speculators who'd bought on margin to sell to cover their loans. Just prior to that there was a huge run of easy credit making the fall all the more precipitous. I touched on this see-saw action of the fed and currency supply in my article as well.

Another point which calls into question the legality of the whole operation is the fact that Congress has the authority to coin money through the Constitution but nowhere in that document does it give Congress the authority to delegate it to a private entity. The article also touches on this point.

It appears my copy of winzip has expired but if the link is anything close to what I saw in the link at the top of this page, I did see that. The information about becoming obligated to pay income taxes by using their debt instrument. Interesting. Hadn't heard that before and I've heard many explanations on how we obligate ourselves to the voluntary tax. Though I don't disagree with what you say in the video, I do feel that the amount of time and energy that needs to be expended in extracting yourself from the system, either through the means you describe or the means in the 20 or so odd other methods I've read about is not worth the amount of money saved by avoiding the tax. Also, a missed dotted "i" or crossed "t" can land a guy in jail pretty quickly even when you are right. These jerks running this country can come and kick down the door and haul you off, due process be damned and refuse to listen to any legal argument anytime they want to and their ain't jack a person can do about it. You can be right as rain from now till the cows come home and it won't stop them. That said, I do admire your knowledge of the law in this area and commend you for both your hard work and dogged pursuit of this issue. I urge extreme caution however. These guys just don't give a rip and unless you can get it out of tax court and before a jury, you're sunk once they decide to go after you. Even a jury trial may not be a panacea. You'll have to educate that jury from the ground up and that will only happen if the judge doesn't step on your toes the whole time. Again, I urge caution

I think the solution to the problem lies right here on this website. It involves a Constitutionalist named Ron Paul. He has said he will abolish the IRS. He can fire every one of those agents from the director on down on day one. And he will do it.

He will go after the Fed as well in one fashion or another. What form that will take remains to be seen but he'll have the bully pulpit. Imagine the president of the US going before the people on national live television and saying "Guess what... The federal reserve isn't federal and there are no reserves..." Lol. I can see the gold bricks forming in david rockefeller's drawers already. Those dirtbags are scared to death of a Ron Paul presidency. That is what this website is all about. Making that happen. Rather than burn time extracting myself from the system and hope they don't come after me for doing so, I'll do my best to make sure a Ron Paul presidency is a reality. Then I'll sit back and enjoy, in my view, of what can only be likened to a commercial for "Raid" with all the cockroaches scampering for cover. The fact that you are here on this website David gives me hope that you have joined in this endeavor as well. Your knowledge and tenacity are great assets and when used to educate the voters, will work wonders. All the best my friend.

Sincerely,

Paul.

P.S. If Ron Paul doesn't get in, I'll be in touch about your video.. : )

Fractional lending

_______________

"It is the deliberateness of the Fed in causing the inflation that makes it illegal and I think it would fall under the category of fraud..."
_______________

The common man's purpose in endorsing the private credit is to fractional lend too. It is just that most people think they need a building and FDIC to be a bank - true in practicality.

_______________

"I think the solution to the problem lies right here on this website. It involves a Constitutionalist named Ron Paul. He has said he will abolish the IRS. He can fire every one of those agents from the director on down on day one. And he will do it."
_______________

Ron Paul tried twice as a Congressman to abolish the Fed - at least twice. A main source of problems in America is that Executive Order from 1861 was greatly amplified in 1933. That is when it really got settled that only the President as dictator can give up the dictatorship. I believe many people who are just discontent with government are projecting their personal politics onto Ron Paul but you and I agree that Ron wants to abolish the Fed by his record.

I disagree that Ron Paul when President should just implement his policies like with the Fed through dictatorial power. I believe that Ron Paul will end the 1861 Emergency and restore Representation through Congress. It will be slower that way and maybe people want the Fed - heaven knows how many people are endorsing private credit with every paycheck these days!

However that may just be me projecting what I want Ron Paul to be upon Ron Paul too. The point of the video is that until people redeem the national debt ourselves through redeeming lawful money, then Ron Paul has no constituency. Without a constituency, the Secret Service will do what the American people want by signature, not lip service. Watch the left-handed Secret Service agent driving the limo:

http://www.suijuris.net/forum/attachments/general-discussion...

Regards,

David Merrill.

Wow you guys are pretty smart

I am very impressed with how smart you guys are when it comes to law. It sounds like such a fun profession (cough, cough). It sounds like a conundrum to me. When do we get to were one of you smart guys finally figure it out and then gives the solution. I guess the fun is in the arguing. When one of you smart guys figure it out, and I really could care less which one it is, could you run for office. Then one of you could maybe make our laws a little more like these.
1. Thou shalt have no other gods before me.
2. Thou shalt not make unto thee any graven image.
3. Thou shalt not take the name of the Lord thy God in vain.
4. Remember the sabbath day, to keep it holy.
5. Honour thy father and thy mother.
6. Thou shalt not kill.
7. Thou shalt not commit adultery.
8. Thou shalt not steal.
9. Thou shalt not bear false witness against thy neighbor.
10. Thou shalt not covet.
I think most people could understand these. They say ignorance is no excuse for committing crime. But after listing to you guys in this post I think it should be. Jeez! When I was little I heard my grandfather once say of someone, ”He was to smart for his own good.” I must admit, I never really thought of what that meant. I can now say,” I understand it perfectly.”

And ah vote yes for Dr. Know!

Thank you.

Did you know that Paul did not teach the Ten Commandments to the gentiles in Asia Minor? And you might also realize that the Ten Commandments were given to Israel strictly to keep them from being destroyed about the Golden Calf imagery?

Paul taught the Seven Noachide Laws.

_________________________

"Whereas Congress recognizes the historical tradition of ethical values and principles which are the basis of civilized society and upon which our great Nation was founded;

"Whereas these ethical values and principles have been the bedrock of society from the dawn of civilization, when they were known as the Seven Noahide Laws;"
_________________________

Ron Paul was not on the roll call then, but the Sanhedrin took things very seriously:

_________________________

"This Court, therefore, urges the Attorney General of the United States of America, Janet Reno, currently under the Political Leadership of President Bill Clinton to answer to the charge of failure to hear a grievance that is brought before its duly appointed Courts, and it has 90 working days in which to show cause as to why this case should not be heard before this Court and to submit documents showing that it has conformed with all treaties, conventions and wishes of the native peoples and with states accepted or annexed under the Constitutional principles and Noahide law, which was adopted as Law in the United States by Congress."
_________________________

So remember how these two verses are talking about the same laws:

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Gen 9:4 But flesh with the life thereof, which is the blood thereof, shall ye not eat.

and

Act 15:20 But that we write unto them, that they abstain from pollutions of idols, and from fornication, and from things strangled, and from blood.
_________________________

Regards,

David Merrill.

P.S. I know what you mean; The Public Papers of FDR are above and the thick green book is the Constitution:

http://www.suijuris.net/forum/attachments/end-days-america/3...

I believe

This is what the teacher of Paul (his name is Jesus by they way) taught

37 Jesus said to him, "'You shall love the LORD your God with all your heart, with all your soul, and with all your mind.'
38 This is the first and great commandment.
39 And the second is like it: 'You shall love your neighbor as yourself.'
40 On these two commandments hang all the Law and the Prophets."
Matt 22:37-40

This is what Paul taught

8 Owe no one anything except to love one another, for he who loves another has fulfilled the law.
9 For the commandments, "You shall not commit adultery," "You shall not murder," "You shall not steal," "You shall not bear false witness," "You shall not covet," and if there is any other commandment, are all summed up in this saying, namely, "You shall love your neighbor as yourself."
10 Love does no harm to a neighbor; therefore love is the fulfillment of the law.
Gen 1:1 - Rom 13:10

compliment

_______________________

The suitors filing the Libel of Review - a common law counterclaim withdraw the $350 filing fee with "Redeemed in lawful money pursuant to Title 12 U.S.C. §411" above "True Name dba Legal Name" on the Withdrawal Slip. Then a copy of the Slip is put into the case.

One can re-enter the original estate peacefully at any time.

Regards,

David Merrill.

Clarification on certain ideas

Hey, Kpage3:

I was intrigued by your comment how the laws make no sense. As a law student, have you asked yourself why this is the case? Laws must make sense or no court is obliged to uphold them 16Am Jur 2d 177, late Am Jur 2d 256, Norton v Shelby County. 118 U.S. 178

Perhaps the laws do make sense, it is merely a matter of perspective that dirties the senses, so to speak. Research the 14th Amendment and the laws of operation that follow from the Amendment. You may develop a different perspective. I am willing to bet your Constitutional law class was quite boring. Am I right? If so, why would a class that studies the legal foundations of the Union be dry and boring?

with reference to Sarcasmo, David is a NON-VOTER! He must be. If David voted, he would seriously jeopardize his legal status. I understand the following idea will seem fantastical, but it is the legal reality in the United States. By voting, either locally or federally, a person is committing the crime of rebellion against the de jure gov't, and accepts voluntary servitude, with all the penalities. I understand this idea is absurd on its face, but this is the legal reality as it stems from the 14th Amendment. Most Americans DO NOT understand its implications. David chooses not to incriminate himself by voting. At this time, I am still a registered voter and if I do vote, I will vote Ron Paul, as he is the best choice of any candidate hands down.

In relation to this thread, perhaps the term redeem should be referenced. Check out your legal dictionarys.

From Blacks 5th ed (Yes I know the current edition is 8): To buy back. To free property or article from mortgage or pledge by paing the debt for which it stood as security. . .it implies the existence of a debt and means to rid property of that incumbrance.

By redeeming FRNs, one removes the debt associated with them. US notes are obligations of the US gov't, but have no interest associated. In contradistinction FRNs are debt in and of them selves. A $1 FRN means that the US gov't has borrowed $1 and must pay it back with interest.

Redemption must be allowed by law, which is why it is still on the books. If the gov't repeals the redemption option, then the gov't exposes will violated the US Consitution and invalidate the 14th Amendment. In short, the gov't must keep the lie going, and allow for remedy. The gov't tries to convince the citizens there is no such thing, or at least make it difficult to do so.

Our monetary system is nothing more than an extension of credit via the US gov't. How is credit taxable? If you have a mortgage, did you claim those monies as income? Ofcourse not, but why not? How is credit from the gov't any different than the credit extended to you from a lender.

By abolishing the fed, the people have a better chance to enjoy their lives with minimal gov't incumbrances.

Bernard's Law: If the people control the money, they control the gov't. If the gov't controls the money, it controls the people.

Court

maybe I was a little abrupt...

From another forum:

____________________________

A big thanks is owed to people such as David who continually instruct on the USNs proper usage, albeit, strictly metaphysically, unless one can exchange FRNs for USNs on a 1:1 ratio.
- - - - - - - - - -

A big You are Welcome back at you. Thanks for some of the intelligence I have gathered here too. I know of a few dozen "suitors" doing probes with this as well, aside from the Internet.

An attorney, morelike a law student, made some constructive comments and led me to those two cases I researched today:

http://dailypaul.com/node/1345
____________________________

So thank you Kpage3 for the enlightening things you have written here. Please understand the very definition of attorn/attorney is to alienate others from the original estate. Without attorneys such things like seizing all the gold from Americans in 1933 would be highly against the law.

http://friends-n-family-research.info/FFR/Merrill_TWA_Collec...

Noah Webster says:

____________________________

ATTORN. To turn. In the feudal law, to turn, or transfer homage and service from one lord to another. This is the act of feudatories, vassals, or tenants, upon the alienation of the estate.
____________________________

Regards,

David Merrill.

Can anyone tell me if there's a difference between Laws and Acts

I am hearing a lot lately about the difference between Laws and Statutes/Acts. That basically statutes and acts are of a "legal" form and only have the force of law under certain circumstances, ie apply only to our "legal person", the identity we carry registered with the government under our SSN that make us legal chattle, and not to us as human beings under the law. I'm doing a lot of research on this and I am starting to think that the US code (and codes of all western countries) were formed in order to combine Laws and Acts into one body in order to confuse the public that statutes and acts carry the force of the law unto human beings. There may be no "legal" remedy to the income tax and Federal Reserve Note problems, but the remedy is likely in law.

"Only God can tell me what I must give for free."

Fighting for the right to be selfish.

Hope this helps . . .

LakeshoreBaby,

As a law student let me shed some light on this subject.

Federal acts (i.e. Acts of Congress) are merely statutes enacted by the United States Government (i.e. legislation) that are binding as law in all jurisdictions, provided they are not unconstitutional.

There are several sources of law in the United States, such as constitutional law, administrative law, statutes, and the common law (case law). There is also a hierarchy of law (which helps us decide what law trumps another). For example, the United States Constitution is the supreme law of the land and may invalidate any other law, whether administrative, statutory or case law by declaring it unconstitutional.

To determine whether specific laws apply to a particular case, you must determine whether it is "mandatory authority" or merely "persuasive authority" (such as court dicta, non-jurisdictional court decisions, etc.). Generally speaking, federal laws (whether constitutional, statutory, or administrative) are always mandatory in every court (both federal and state). And U.S. Supreme Court cases that interpret federal law is mandatory on all courts (if only a state law is at issue, the state's supreme court has the final say, not the U.S. Supreme Court). Other federal courts' holdings (e.g. those from federal district courts or federal courts of appeal) that interpret federal law are mandatory only for lower courts in the same jurisdiction.

A state's constitution, statutes, and administrative law are always mandatory within that state (and only in that state). A state’s common law (case law) is mandatory for lower courts in the same jurisdiction and for federal courts interpreting state law. It is persuasive for all other courts.

As for the United States Code, it is the codification by subject matter of the general and permanent laws of the United States. It is divided by broad subjects into 50 titles. These are mandatory authority in all cases. Contrary to what David said (and with all due respect to David), every provision in the US Code is mandatory authority, none of which is "voluntarily assumed." Subjection to Title 26 of the US Code (Internal Revenue Code) is hardly voluntarily assumed. If you earn income in excess of allowable deductions, you must pay income taxes (subject to the Title's provisions).

To answer your final question, yes, Executive Orders by the President have the force of law, provided they do not violate federal constitutional or statutory law. Well, most have the force of law anyways; Proclamations are generally ceremonial or symbolic.

Hope this helps,

kpage3

Tu ne cede malis, sed contra audentior ito.

Tu ne cede malis, sed contra audentior ito.

The post about the Fourteenth Amendment went over his head!

The law student said:

________________________

As for the United States Code, it is the codification by subject matter of the general and permanent laws of the United States. It is divided by broad subjects into 50 titles. These are mandatory authority in all cases. Contrary to what David said (and with all due respect to David), every provision in the US Code is mandatory authority, none of which is "voluntarily assumed." Subjection to Title 26 of the US Code (Internal Revenue Code) is hardly voluntarily assumed. If you earn income in excess of allowable deductions, you must pay income taxes (subject to the Title's provisions).
________________________

Often a new "suitor" (court of competent jurisdiction) will wonder why we do not explain anything about the cause when we Refuse for Cause. I tell them that the attorney they are talking to may still be paying back his student loan - - Do you think he is stupid enough to let you teach him anything about law??

http://ecclesia.org/forum/images/suitors/non-response.gif

It just seems so much more efficient to spend three minutes on the whole R4C and forget about it.

Regards,

David Merrill.

P.S. Ron Paul, being a medical doctor, is my favorite attorney joke.

This may be more than you wanted to know

Obviously, you are subject to laws to the extent that you may be tried for violation of those laws. Before you can be tried before a court you must be properly served under the rules of civil procedure, and that court must exercise subject matter jurisdiction over your case, must have personal jurisdiction over the defendant, and must satisfy venue to hear the case.

State courts are courts of general jurisdiction, meaning they may hear cases of state and most federal laws (cases such as Bankruptcy and Patents may only be heard in federal courts), though the defendant may "remove" the case to a federal court under 28 U.S.C. § 1441. Federal courts, which are courts of limited jurisdiction, may only hear cases that arise under the "Constitution, laws, or treaties of the United States" (28 U.S.C. § 1331), or where there is diversity of citizenship between the parties and the amount in controversy exceeds $75,000 (28 U.S.C. § 1332), or where the court has "supplemental jurisdiction" over related claims within such original jurisdiction (28 U.S.C. § 1367).

As for personal jurisdiction, this is a complicated piece of civil procedure, and this forum is insufficient for elaboration on this point of law. Needless to say, there are three types of personal jurisdiction: in personam (over your personal rights), in rem (rights with respect to property), and quasi in rem (rights of a person having an interest in property located within the court's jurisdiction). Before a defendant may be subject to personal jurisdiction, a state's long-arm statute must extend personal jurisdiction under the circumstances, there must be "minimum contacts" with the forum state, and it must be "reasonable" to require the defendant to defend himself in this forum state (quoted terms are terms of art).

Venue (which refers to judicial districts), like personal jurisdiction, determines where litigation will take place. Unlike personal jurisdiction, venue flows solely from statutory rather than constitutional sources. See, e.g. 28 U.S.C. § 1391.

Federal courts are subject to the Federal Rules of Civil or Criminal Procedure, state courts have their own rules of civil procedure.

Regards,

kpage3

Tu ne cede malis, sed contra audentior ito.

Tu ne cede malis, sed contra audentior ito.

Thanks again for the cases

I got them today and they support the definition given between the Supreme and Tenth Circuit courts.

Norman v. Baltimore & O.R. Co. is yet just another strayed litigant thinking the states can secede and so "...and alleging that the debt was payable in gold coin of the standard of weight and fineness..." I have been over that plenty. Same with the Legal Tender Cases of which brings up a great point for you to look at:

http://friends-n-family-research.info/FFR/Merrill_juliard.jpg

There has never been a case where US notes have been taken out of circulation, has there? They were simply replaced in form in 1971 with FRNs because FRNs served all functions of US notes.

The other case, Herald v. State is the debate over whether a man can use FRNs to pay property taxes. Since FRNs are legal tender for all debts public and private, well sure FRNs can be used for property taxes. And since Richard L. HERALD endorsed the FRNs when his paychecks cashed; like with Gary RICKMAN, his FRNs were backed with him being chattel for the fractional lending anyway, and for all intents and purposes functioned as well as if they were lawful money.

The definitions remain unchanged. US notes shall be lawful money while FRNs may be redeemed in US notes - in lawful money.

I would gather you have found some materials somewhere regarding the Libel of Review curing remedy for suitors all over America. Otherwise I really do not know why you are teaching about admiralty law here.

Regards,

David Merrill.

What?

Who ever said anything about admiralty law or libel of review remedies?

Tu ne cede malis, sed contra audentior ito.

Tu ne cede malis, sed contra audentior ito.

you did

Your post wandered into Rule C:

___________________________

Needless to say, there are three types of personal jurisdiction: in personam (over your personal rights), in rem (rights with respect to property), and quasi in rem (rights of a person having an interest in property located within the court's jurisdiction).
___________________________

www.ecclesia.org/forum/images/suitors/Warrant1.gif
www.ecclesia.org/forum/images/suitors/Warrant2.gif

And it is certainly applicable but this forum is not really about anything but Ron Paul...

http://www.freedom-school.com/the-1994-ebsworth.pdf
Procter Wiswall says it all in a couple sentences:

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But the late depression [Bankers' Holiday] era was one of great social activism on the part of the Federal government [formation of FDR's "Government bonds" using people for chattel], and this faded seamlessly into wartime legislation [amending the Trading with the Enemy Act to name US citizens the enemy of 1917] which appropriated control of private property [seized gold and gold certificates from Americans upon the accusation we were "hoarding" our own gold*]. The District Courts under the new FRCP were quickly forced by the volume of litigation into the wholesale application of equitable remedies in actions "at law".

The 1938 merger of law and equity [Erie RR v. Thompkins] rules left no loose ends; the procedure is entirely uniform regardless of the nature of the remedy prayed, though of course issuance of an injunction requires at least an ex parte hearing in chambers. The 1966 merger, however, leaves six special Supplemental Admiralty Rules appended to the body of the FRCP, and in order to apply those Supplemental Rules it is necessary that the complaint specifically invoke the jurisdiction of the "admiralty side" of the Court...
___________________________

And this really should pursuade even you there is more to US notes still being issued in the form of FRNs even today.

Regards,

David Merrill.

* http://friends-n-family-research.info/FFR/Merrill_TWA_Collec...
http://Friends-n-Family-Research.info/FFR/Merrill_FR_Bulleti...

No I didn't

David,

I spoke nothing of admiralty law, and neither did I invoke Rule C of the Supplemental Admiralty Rules by simply referring to "in rem" personal jurisdiction. Rule C only applies in admiralty cases, and I never mentioned anything that would raise admiralty or maritime issues. Admiralty laws and procedures apply only to admiralty cases (such as those involving American tidal waters, waters navigable within the US [33 U.S.C.] and shipping [46 U.S.C.]) under the original jurisdiction of the federal courts. 28 U.S.C. 1333; Article III, section 2 of the U.S. Constitution. You cannot simply invoke admiralty law and procedure in any case. Though, in those cases that you can, Wiswall is correct that FRCP 9(h) requires the pleading to set forth a "claim for relief within the admiralty and maritime jurisdiction."

Rule C does deal with in rem actions, but only within the context of maritime law. In rem personal jurisdiction, in general, has been established through an evolution of US Supreme Court cases starting with Pennoyer v Neff.

-kpage3

Tu ne cede malis, sed contra audentior ito.

Tu ne cede malis, sed contra audentior ito.

Yes you did...

What you did not do was click on the links:

www.ecclesia.org/forum/images/suitors/Warrant1.gif
www.ecclesia.org/forum/images/suitors/Warrant2.gif

And you did not explain how the high tide effects these bank accounts. For another example:

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"In this country, revenue causes had so long been the subject of admiralty cognizance, that congress considered them as CIVIL CAUSES OF ADMIRALTY AND MARITIME JURISDICTION, and to preclude any doubt that might arise, carefully added the clause, 'including,' etc. This is clear proof that congress considered these words to be used in the sense they bore in this country and not in that which they had in England. The Act gives exclusive admiralty and maritime jurisdiction to the district court. As a court of the law of nations, ....."

THE HUNTRESS, 12 Fed.Case 984 @ 992 & 989, (Case No. 6,914) (D.Me. 1840):
_______________________

"As a law student let me shed some light on this subject."

Indeed. It is after a few years brushing elbows in courtrooms with other attorneys until you learn what to talk about and what not to talk about. For instance you will learn some jargon about "in rem" seizures that just best conform to the admiralty rules of practice - junk like that. You will learn how to explain away that warrant, completely inland, relying in the Supplemental Rules for Certain Admiralty and Maritime Claims with sophistry and legaleze.

I like you much better in law school. I like you before you realize what you have done to your morals and ethics and trash them in order to justify all that tuition.

It seems you will be much happier backing Clinton for his upcoming reelection (via Hillary) - he is an Arkansas attorney, I hear.

Regards,

David Merrill.

Wow!

David,

You are unbelievably ignorant about our legal system, which is evident in how incapable you are of making logical legal arguments that mean anything in our legal system. With all due respect (and this is no reflection on your intelligence as a person) but you are the perfect example of those who want to know their legal rights and obligations (which is a great thing) but who are simply not trained in how to go about it, how to read and interpret statutes and cases, and how to present legal arguments that have the weight of the law behind them.

Sorry, David, but you need serious help in this area. You can't simply peruse through legal books and cases and pick and choose phrases that you like and string them to make an argument that supports your case. It just doesn't work that way. Your arguments wouldn't get pass the pleading stages in a lawsuit, much less withstand a Rule 11 sanction for obsurdity.

And for your comment on Hillary, this just doesn't make sense. I'm an anarcho-capitalist (Austro-libertarian) who supports Ron Paul 100%, because I understand his positions, share his Austrian economic views, have followed him for years, and think he is the best thing that has ever happened to American politics in over a century...probably ever. I chose to enter the legal profession (in the corporate and health industry) primarily to earn a decent living, and to "actually learn the law," since one must know one's enemy, right? Otherwise I'd be making the same ridiculous arguments you have been making regarding what our laws are.

And, whatever connection you ever made between me and Hillary is just ridiculous. Please think before you speak, thanks!

- kpage3

Tu ne cede malis, sed contra audentior ito.

Tu ne cede malis, sed contra audentior ito.

blended law and equity

It makes no sense to keep up an argument especially in this forum. I was abrupt and apologize for the Hillary comment.

Rule E(8) has successfully prevented any sanctions 100% of the time for hundreds of suitors:

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"...the United States, ... within their respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the United States of America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl. 1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.
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Blending law and equity is against the Constitution; ergo the system of case law you call common law is incompetent. However that was only for the timeframe between Swift v. Tyson and Erie - 1842 to 1938. But even so, that has had a significant effect.

I linked the images of a warrant used to seize funds from at least 20 bank accounts as far from Denver as Oregon. That was a completely inland seizure depending on admiralty rules and I used admiralty rules to get one pastor's life's savings returned to him with compensation and letters of apology for all bounced checks. And you are here saying that I know nothing about law? But you avoid explaining how an inland seizure like that is using the admiralty? Well, I have explained to the Readers how you cannot be expected to learn any law lessons from me...

Regards,

David Merrill.

You continue to prove my point . . .

. . . every time you state anything about the law. "Blending law and equity is against the Constitution"? Are you serious? FRCP 1 accomplished the merger of law and equity in U.S. federal courts, meaning that we no longer need a separate court of equity (like a Court of Chancery) and court of common law to provide equitable or legal remedies. Swift v. Tyson, Erie and the major cases that followed it dealt with an interpretation of the Rules and Decisions Act in federal diversity jurisdiction cases. Erie held, contrary to Swift, that there is no general federal common law to apply in diversity cases absent the existence of state statutes and state constitutional provisions, and that the states' common law should apply in those cases. What your comment about the common law being "incompetent" means, I'm not sure.

The quotes you make from the Federal Judiciary Act of 1789, sec. 9, which establishes the federal courts' exclusive jurisdiction in certain cases, merely states those cases where exclusive jurisdiction lie, while stating that in certain cases state common law remedies may be available in admiralty cases (remember federal courts are courts of limited jurisdiction) (this is known as the "Saving to Suitors Clause", which is now codified in 28 USC sec. 1333, actually there have been many amendments to FJA, see Title 28 USC to update your research). This does not mean that admiralty law can be used in non-admiratly cases. I'm really curious; what legal argument do you have that admiratly law may be used in non-admiratly cases (I'm serious, I really am interested). If you have anecdotes about when it was used, I'd like to know the legal arguments made.

And I don't even know what your Rule E(8) comment was supposed to mean.

And, I accept your apology.

Tu ne cede malis, sed contra audentior ito.

Tu ne cede malis, sed contra audentior ito.

I am not teaching you about law...

And what I mean by that is you have chosen formal attorney training - law school. So you are not curious for learning purposes. And I do not like this format for lengthy posts.

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What your comment about the common law being "incompetent" means, I'm not sure.
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All you have done is prove that I am correct. Justice (Zionist) Brandeis ruled correctly that all case law was in error between 1842 and 1938. It was all skewed toward federal government having power. That effectively reset the common law you consider competent at 1938 which is after 1933 when FDR seized America's gold:

http://friends-n-family-research.info/FFR/Merrill_TWA_Collec...

Albeit that was not called "bankruptcy", that emergency Bankers' Holiday in 1933 was the same thing. Accusing Americans of hoarding their own gold.

Quite simply, and for the purposes of the skinny posts, Bennett v. Butterworth 52 U.S. 669 makes it plain that the Constitution never means law and equity can be blended into the same proceedings - even by amending the court rules.

However if you are saying that majority rules - then you are correct in all your arguments. And if you are right - I am wrong. But that does not explain why Ron Paul is so popular. This medical man who wants to go back to a basic constitutional republic should by all logic have a snowball's chance of success. However there is some deep component of truth that everybody who is exposed to him feels in the heart.

Regards,

David Merrill.

You're right . . .

. . . law and equity were not blended (as far as I know) in 1850, but the US Supreme Court changed that position many years ago (at least as early as the 1930s).

I agree, this post is getting too long and pointless. Though it's been fun, David. You've kept me on my toes. And though I have decided to choose formal attorney training this does not mean that I mindless soak in everything they teach. I'm an avid devil's advocate of every argument even my own. I am, like you, incurably "curious for learning purposes."

You're also right that there is something about Dr. Paul and his message that really touches a lot of people on many levels, namely the prospect of "freedom," which unfortunately has become a term foreign to us in all but polticial rhetoric.

Best of luck to you!

- kpage3

Tu ne cede malis, sed contra audentior ito.

Tu ne cede malis, sed contra audentior ito.

Little clues

If admiralty was not the jurisdiction under which we run our daily lives, then why do some people put "without prejudice" on their drivers' licenses? It's a way to claim that they recognize common law, and not "treaty" law. I am not a lawyer, or anything close, so I kindly ask you to not turn sarcasm my way. I'm just stating that ppl do this, and for some it has made a difference. I read somewhere that a judge told a fairly new lawyer once that all laws and court decisions made prior to 1928 or thereabouts were no longer valid and that it had something to do with admiralty law and treaties the US central govt entered into.
I apologize that I don't even know how to research this stuff so can't back up anything, but why should it take someone to learn "legalese" anyway to determine if they are compliant with the law or not?

Erie Doctrine

I think that was 1938 and Charles Weisman; who the judge told that to.

It is a huge PowerPoint presentation but I got most way through it today. It mentions Justice Brandeis that brought the ruling about Erie and resetting the common law. Now the common law, since 1938 is basically bankruptcy proceedings in foreclosure.

http://www.iamthewitness.com/DarylBradfordSmith_Rothschild.htm

Regards,

David Merrill.

Well, let me clarify . . .

. . . and this is a bit tricky, but you're right that the difference in "substance" in federal judicial power between law and equity is imbedded in the Constitution and remains unaltered, but the early distinction in form was abolished by the US Supreme Court in FRCP 1 and 2 ("There shall be one form of action to be known as 'civil action'"). Which means that the rights and liabilities of parties, as distinguished from the mode of procedure, remain distinct, and must be recognized, protected, and enforced. One quick example that comes to mind where the distinction is important in federal court is in determining whether a defendant has a right to a jury trial. The right to a jury trial in federal court depends on the nature of the issue on which a jury trial is demanded. If the underlying nature of the issue is legal (which historically was entitled to a jury trial), the plaintiff can demand a jury trial. If the underlying nature of the issue is equitable (which historically was not entitled to a jury trial), the plaintiff is not entitled to a jury.

Though these distinctions do not mean (and is not the case) that the same district court does not have jurisdiction of both legal and equitable actions, and can administer legal and equitable remedies and relief.

Tu ne cede malis, sed contra audentior ito.

Tu ne cede malis, sed contra audentior ito.

conditioning...

That is the trap your mind has been taught to believe. Albeit it is refreshing to hear that you question even your own conditioning.

I suppose it is conditioning that prevents you from addressing how bank accounts relate to the admiralty on the two warrants I linked:

www.ecclesia.org/forum/images/suitors/Warrant1.gif
www.ecclesia.org/forum/images/suitors/Warrant2.gif

Or how promptly a Rule C - Verified Statement of Right and Interest got the man's life savings returned with paid penalties and letters of apology?

And you made no inquiry into Bennett v. Butterworth which elucidates that law and equity can never be blended in any Constitutional manner. It was mainly a "reset" of the common law (stare decisis) in 1938 that marks formally that the new "corrected" cases post-1938 will adhere to the receivership in bankruptcy of the US by any other name.

Illiquid is bankrupt and like framed in the Libel of Review:

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"BANKRUPTCY. The state or condition of a bankrupt.

2. Bankrupt laws are an encroachment upon the common law. The first in England was …" Bouvier's Law Dictionary 1856.
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There is no legal basis in common law and by the Constitution to blend the two forums into one set of rules and one cause of action. If you think that the US is not bankrupt just because Congress reserves the right to raise the debt ceiling, think again:

https://www.cia.gov/library/publications/the-world-factbook/...

China at the top? US at the bottom? Bankruptcy by any other name.

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