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Aug. 2, 1996 - Bill Cooper
58:39
Public Notice #2
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Time Text
*Piano music* Light's power for the broken is the power of water.
See you.
See you.
You're listening to the Hour of the Time.
I'm William Cooper.
Ladies and gentlemen, we're going to continue where we left off last night.
I'll back up to the most clearly defined subject so there'll be a little overlap on the tapes.
If you missed last night's broadcast, or if at any time the interference or propagation on shortwave is so bad that you cannot understand the entirety of this public notice that will be continued until it is finished, Whether it's finished tonight or Monday night or Tuesday night makes no difference.
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Make your money order or send your cash payable to Harvest, H-A-R-V-E-S-T, to Post Office Box 1970, Eager, spelled E-A-G-A-R, Arizona, 85925.
Eager, spelled E-A-G-A-R, Arizona, 85925.
This address will be repeated at the end of the broadcast.
The End of the Podcast.
He wasn't a country boy, he can't have.
Early in the sun, early in the sand.
Well, life on the farm is tiny, way back in with a little thunderbolt.
If you can't pass, it's early to grind, early in the sand.
Hang out on the thunderbolt.
So the super kind of life never did you no harm.
The reason he's family is because he's on the farm.
Babies are on the school bus and he's got the charm.
Thank God I'm a country boy.
Well, I got me a fine mama, got me an old fiddle, and the sun's coming up like a cake from the cradle.
Life ain't nothing but a funny, funny giggle.
Thank God I'm a country boy.
When the work's gone gone and the sun's set low, I pull down the field and I'll blow the boat.
Get the roll, keep the floor, keep the catalog.
Thank God I'm a country boy.
Got the place that I didn't know.
They hit the pool to the lawn and the white.
They take it to the pool to the pool.
Thank God I'm a country boy.
Well, I got the way I'm hopping on the old field.
When it's coming up, I got gates off the field.
I think nothing but a fun, fun, good old.
Thank God I'm a country boy.
Yeehaw!
This public notice.
This public notice, ladies and gentlemen, will be construed to comply with provisions necessary To establish presumed fact, Rule 301, Federal Rules of Civil Procedure and Attending State Rules, should interested parties fail to rebut any given allegation of fact or matter of law addressed herein, the position will be construed as adequate to meet requirements of judicial notice, thus preserving fundamental law.
Matters addressed herein, if not rebutted, will be construed to have general application.
The Memorandum Addresses Jurisdiction of United States District Courts and Related Agencies of the United States Government.
I have backed up, ladies and gentlemen, approximately one paragraph in order to overlap from Part 1 into Part 2 so that there is no loss of information in the Break between the two.
Jurisdiction of United States district courts being limited to federal states and on federal enclaves within the several states is further reinforced by another Rule 54 application.
Quote, Act of Congress includes any Act of Congress locally applicable to and in force in the District of Columbia in Puerto Rico in a territory or in an insular possession.
End quote.
Distinction between federal states and the several states is clarified in the Jurisdiction and Vindue Statute.
That is territorial jurisdiction.
Governing conduct of United States District Courts, which according to the United States Government Manual for 1995-1996 at page 75, is 18 U.S.
Page 75 is 18 U.S. Code Service, Section 3231, 1979 edition, United States Code Service, Section 3231, District Courts.
Federal Judicial Authority in the Several States.
Federal Judicial Authority in the Several States.
Before examining deletions... Whoops.
Let me back that up, ladies and gentlemen.
I went to the wrong page.
Let me back it up just a little bit.
Distinction between federal states and the several states is clarified in the Jurisdiction and Venue Statute.
That is territorial jurisdiction.
Governing conduct of United States District Courts, which according to the United States Government Manual for 1995 and 1996, at page 75, is 18 United States Code Service, section 3231, 1979 edition, United States Code Service.
Section 3231, 1979 edition, United States Code Service.
Section 3231, District Courts.
The District Courts of the United States shall have original jurisdiction, exclusive of the Courts of the States, of all offenses against the laws of the United States.
Nothing in this title, 18 United States Code Service, subsection 1, et sec., shall be held to take away or impair the jurisdiction of the Courts of the several States under the laws thereof.
If the distinction between the federal states and the several states isn't made clear enough by Section 3231, proof of the distinction is found in the History for 18 United States Code Service, Section 3241, again using the 1979 edition of the United States Code Service.
Section 3241, again using the 1979 edition of the United States Code Service.
Section 3241, jurisdiction of offenses under certain sections.
The United States District Court for the Canal Zone and the District Court of the Virgin Islands shall have jurisdiction of offenses under the territorial jurisdiction of such courts and the jurisdiction concurrently with the District Courts of the United States of offenses against the laws of the United States committed upon the high seas.
And At various times, other territorial courts were included in this statute.
The District Court of the Philippines was removed in 1946 when the island nation became an independent commonwealth.
Then, Act July 7, 1958 deleted District Court for the Territory of Alaska.
In other words, to the point Alaska was admitted to the Union, the Territory was considered a federal state.
Once admitted to the Union, Alaskan courts no longer qualified as courts of the United States.
State courts, because of Tenth and Eleventh Amendments and the separation of powers doctrine, couldn't legitimately exercise federal authority.
The Canal Zone District Court has been removed from this statute since the 1979 United States Code Service edition was published, so the District Court of the Virgin Islands is the only remaining federal state court that exercises concurrent jurisdiction with United States District Courts under 18 United States Code Service Section 3241.
Let's go now to the Special Territorial Jurisdiction found at 18 United States Code Service, Section 7, 3 in parentheses, by way of examining the evolution of what are today known as Federal Magistrate Judges, formerly known as Federal Magistrates, and before that as National Park Commissioners.
The first selection comes from historic We're not on time.
We're not on time.
When did we go off?
When did we go off?
Why do you wait one minute?
I got no telephone. .
Well, ladies and gentlemen, we were dumped off the satellite again.
Well, ladies and gentlemen, we were dumped ladies and gentlemen, we were dumped off the satellite again.
Whenever I'm talking about anything, anything, ladies and gentlemen, that the established power brokers do not want you to hear, they knock us off the satellite And they think that we're not smart enough to get back on.
Well, we can.
And we do.
And we will.
And it just reinforces the importance of the material that I am broadcasting to you, ladies and gentlemen.
And I would like also to point out that this is the only broadcast that that ever happens to.
It doesn't happen to anyone else.
So I'm going to back up a paragraph that you may have lost during this little game that they play, and I continue.
At various times, other territorial courts were included in this statute.
The District Court of the Philippines was removed in 1946 when the island nation became an independent commonwealth.
Then, Act July 7, 1958, deleted District Court for the Territory of Alaska.
In other words, to the point Alaska was admitted to the Union, the territory was considered a federal state.
Once admitted to the Union, Alaskan courts no longer qualified as courts of the United States.
States courts, because of Tenth and Eleventh Amendments and the Separation of Powers doctrine, couldn't legitimately exercise federal authority.
The Canal Zone District Court has been removed from this statute since the 1979 U.S.
1979 United States Code Service edition was published, so the District Court has been removed from this statute since the 1979 U.S. Code Service edition was published.
So the District Court of the Virgin Islands is the only remaining federal state court that exercises concurrent jurisdiction with United States District Courts under 18 United States Code Service, Section 324.
So let's go now to the special territorial jurisdiction found at 18 United States Code Service Section 7 Three in parentheses, by way of examining the evolution of what are today known as Federal Magistrate Judges, formerly known as Federal Magistrates, and before that as National Park Commissioners.
The first selection comes from historic and amendment notes following 28th United States Code Service Section 631, which provides for appointment and tenure of Federal Magistrate Judges.
This is from the 1995 Lawyers Cooperative CD-ROM edition of the United States Code Service.
1979 Act, October 10th, 1979.
In subsection small a, substituted, where the conference deems it desirable, a magistrate may be designated to serve in one or more districts adjoining the district for which he is appointed.
Such a designation shall be made by the concurrence of the majority of the judges of each of the district courts involved, and shall specify the duties to be performed by the magistrate in the adjoining district or districts.
4 Where an area under the administration of the National Park Service, or the United States Fish and Wildlife Service, or any other federal agency, extends into two or more judicial districts, and it is deemed desirable by the Conference that the territorial jurisdiction of a magistrate's appointment include the entirety of such area,
The appointment or reappointment shall be made by the concurrence of a majority of all judges of the district courts of the judicial districts involved, and where there is no such concurrence, by the concurrence of the chief judges of such district courts.
In subsection B, in the introductory matter, inserted reappointed to, in paragraph 1 inserted, and has been for at least five years, in Clause A inserted R, in Clause B deleted our following islands, deleted in Clause B deleted our following islands, deleted Clause C, which read, in an area under the administration of the National Park Service, the United States Fish and Wildlife Service, or any other federal agency that extends into two or more states, a member
In an area under the administration of the National Park Service, the United States Fish and Wildlife Service, or any other federal agency that extends into two or more states, a member in good standing of the bar of the highest court of one of those states.
In paragraph 4, substituted and for a period and added paragraph 5, redesignated subsections F, small f, and small j as subsections small g, small f, and small k, respectively, and added and small k, respectively, and added new subsection F.
Before examining deletions set out in the 1979 Amending Act, that's the 1979 Amending Act, it will be useful, ladies and gentlemen, to import the index from earlier law pertaining to National Park Commissioners before all to import the index from earlier law pertaining to National Park Commissioners before all the name changes with the current Magistrate Act at 28 United States
Amendments 1975 Lawyers' Cooperative CD-ROM edition of United States Code Service is the source.
Now you may think this is not pertinent, ladies and gentlemen, but it is absolutely the point.
Chapter 728, Section 1, small c, 68, Statute 704, amended the analysis of this chapter by adding, quote, and expenses, end quote, to item 633.
Now, you may think this is not pertinent, ladies and gentlemen, but it is absolutely the point.
You have to follow these things through to their end.
And it may be a little boring, and some of you may not understand it all.
But those of you who do will benefit immensely from this information.
So please do not ignore it.
I continue.
1968 Act October 17, 1968 Public Law 90-578 Title 1 Section 101 82 Stat. 1108 amended the analysis of this chapter by substituting items 632 through 639 for items which read 632 Park Commissioner's Jurisdiction and Powers Procedure 633 Fees and Expenses 634
634 Salaries of Park Commissioners Deposition of Fees 635 Park Commissioners Residence 636 Accounts 637 Oaths, Acknowledgements, Affidavits and Depositions 638 Seals, 639 Dockets and Forms, United States Code, 1972 Act, March 1, 1972, Public Law, 92-239, Section 3,
86 Statutes, 47, amended the analysis 86 Statutes, 47, amended the analysis of this chapter by substituting powers and temporary assignment for and powers in item 636.
It is also useful to see the evolution of this act dating to the last century. - I agree.
Based on Title 28, United States Code, 1940 edition, subsection 526 and 527, sections 27, 66, 80E, 100, 117E, 129, 172, 198E, 204E, 172, 198E, 204E, 256D, 395E, 403C-5, 403H-5, 404C-5, 408M of Title 16,
404C-5, 408M of Title 16, United States Code, 1940 edition, conservation and section 863 of Title 48, United States Code, 1940 edition, Territories and Insular Possessions, May 27, 1894, Chapter 72, Section 5, 28, Stat.
74, May 28, 1896, Chapter 252, Subsection 19, 20, 29, Stat.
Section 5, 28, Stat 74, May 28, 1896.
Chapter 252, subsection 19, 20, 29, Stat 184.
April 12, 1900, Chapter 191, Section 34, 31, Stat 84.
March 2, 1901, Chapter 814, 31, Stat 956.
March 3, 1911, Chapter 231, Section 291, 36, Stat 1167.
January 7, 1913 Chapter 6, 37 Stat.
1913, Chapter 6, 37, Stat 648, August 22, 1914.
Section consolidates Section 526 and a portion of 527, both of Title 28, United States Code, 1940 edition, with provisions of Section 27, 66, 80E, 100, 117E, 66, 80E, 100, 117E, 129, 172, 198E, 204E, 256D, 395E, 403C-5, 403H-5,
403C-5, 403H-5, 404C-5, and 408M of Title 16, United States Code, 1940 edition, and provisions of Section 863 of Title 48, United States Code, 1940 edition, and provisions of Section 863 of Title 48, United States Code, 1940 edition, territories and For other provisions of said sections, see distribution table.
Some of the provisions of Section 863 of Title 48, United States Code, 1940 edition, territories and insular possessions were retained in that title.
home.
The Provisions of Sections 395E, 403C-5, 404C-5, and 408M of Title 16, United States Code, 1940 Edition.
For appointment of the Park Commissioners in the Hawaii National Park, Shenandoah National Park, Great Smoky Mountains National Park, Mammoth Cave National Park, and Isle Royale National Park, Upon the recommendation of the Secretary of the Interior, was omitted as inconsistent not only with other provisions of this title, but with other statutes applicable to other national parks.
All such park commissioners are United States commissioners, and the revision of these sections makes possible uniformity and consistency in administrating matters concerning such commissioners.
See also sections 604 and 634 of this title.
Words, the Director of the Administrative Office of the United States Courts were substituted for Attorney General in section 526 of title 28 United States Code 1940 edition in view of the general supervision by the Director over clerks and commissioners under section 601 et sec of this title.
A provision in Section 526 of Title 28 United States Code, 1940 edition, that commissioners should have the same powers and duties are conferred and imposed by law, was admitted as superfluous.
Jurisdiction provisions, ladies and gentlemen, relating to federal magistrate judges, who are national park commissioners, was set out definitive In definitive terms for the Grand Canyon National Park Commissioner.
Special Commissioner for Grand Canyon National Park.
Appointment. Jurisdiction. Compensation. Act. September 14, 1959. Public Law 86-258. Subsection 1. Small f. 3. 73 Statutes. 546. Provided. Section 1959. Public Law 86-258. Subsection 1. Small f. 3. 73 Statutes. 546. Provided. Section 1. The United States District Court for the District of Arizona shall appoint a Special Commissioner for the Grand
The Commissioner shall hold office for four years, unless sooner removed by the District Court, and he shall be subject to the general laws and requirements applicable to United States Commissioners.
Section 2
The jurisdiction of the Commissioner in adjudicating cases brought before him shall be limited to the trial and sentencing upon conviction of persons charged with the commission of those misdemeanors classified as petty offenses, 18 United States Code 1, 18 United States Code Service, Section 1, relating to the violation of federal laws or regulations applicable within the park.
Provided that any person charged with a petty offense may elect to be tried in the District Court of the United States, and the Commissioner shall apprise the defendant of his right to make such election, but shall not proceed to try the case unless the defendant, after being so apprised, signs a written consent to be tried before the Commissioner.
The exercise of additional functions by the Commissioner shall be consistent with and be carried out in accordance with the authority, laws, and regulations of general application to United States Commissioners.
The rules of procedure set forth in Title 18, Section 3402 of the United States Code, 18 United States Code Service, Section 3402, shall be followed in the handling of cases by such Commissioner.
The probation laws shall be applicable to persons tried by the Commissioner, and he shall have power to grant probation.
Now, let us go to a few court cases to nail this down so that you can see exactly what it is that I am talking about here.
Powers and duties were coextensive with limits of judicial district in which he was appointed.
United States v. Hardin, 1881.
D.C. and North Carolina, 10F802, United States v. Stern, 1910, D.C. and Pennsylvania, 177F479.
The purpose of Federal Magistrates Act 28 United States Code Service, subsection 631, et sec, was to provide method to relieve judges of some of their non-Article 3 functions.
United States v. First National Bank, 1978, California, 10, Oklahoma, 576F2nd, 852.78-1, USTC, section 9462.42, section 9462.42, AFTR, 2nd, 78-5049. time.
The purpose of Federal Magistrates Act, 28 United States Code Service, subsection 631 to 638, is to remove from workload of United States district courts matters which are more desirably performed by lower tier of judicial officers.
United States v. Richardson, 1972, D.C., New York, 57, FRD, 196.
The evolution of the federal magistrate judge demonstrates that he is merely a glorified National Park Commissioner.
Who is a bar-licensed attorney, and his territorial jurisdiction is concurrent with jurisdiction of the United States District Court where he serves, as previously demonstrated via analysis of 18 United States Code Service, Section 7, 3 in parentheses, and 4 United States Code Service, Section 110, small d and small e. There is a gray area where there might be some discretion.
In the federal states, U.S.
district court venue and jurisdiction may extend to national parks and other lands retained by the United States.
But in the several states party to the Constitution, United States judicial authority may be exercised only on federal enclaves.
That is, lands ceded to the United States by legislatures of the several states for the erection of a fort, magazine, arsenal, dockyard, or other needful building.
1979 edition, United States Code Service.
There is and was no constitutional authority for Congress to retain land for the United States, as was the case in Oklahoma, Colorado, Nevada, Alaska, and etc.
In States Admitted to the Union Subsequent to the Civil War.
Nevada appears to be leading the charge on this issue.
the right of the United States to retain land in the several states other than for constitutional purposes, and it is clear by distinctly separate authorities pertaining to federal states and the several states in 18 United States Code Service, subsection 7, 3 in parentheses, and 32, subsection 7, 3 in parentheses, and 32, 31, and 4 United States Code Service, section 1001, small d and small e, that applications of judicial authority in the United States Code of Criminal Procedure limits jurisdiction
that applications of judicial authority in the United States Code of Criminal Procedure limits jurisdiction to You see, folks, when I told you that a long time ago, many of you didn't believe me, but it is clear, and it is in the law, and there is no doubt about it.
We're being bamboozled.
We have been bamboozled.
We have been robbed, and we are being lied to, and we are being persecuted for trying to follow the truth.
But still, this is a vague area Which has yet to be thoroughly explored.
Within the several states, the United States has judicial authority either 1. on federal enclaves ceded by legislatures of the several states for constitutional purposes or 2. on federal enclaves ceded for constitutional purposes and in national parks.
In his memorandum, even though the decision was premised on facts relative to the Federal Reservation at Fort Leavenworth, Kansas.
The single most important, and I'm reading right from his memorandum now, the single most important case regarding the subject of federal jurisdiction appears to be Fort Leavenworth R. Company v. Lowe. people.
114 United States Supreme Court, 525, 531, 5 Supreme Court, 995, 1885, which sets forth the law on this point fully.
There, the railroad company property, which passed through the Fort Leavenworth Federal Enclave, was being subjected to taxation by Kansas, and the company claimed an exemption from state taxation.
In holding that the railroad company's property could be taxed, the court carefully explained federal jurisdiction within the states.
The consent of the states to the purchase of lands within them for the special purposes named is, however, essential under the Constitution to the transfer to the general government with the title of political jurisdiction and dominion.
Where lands are acquired without such consent, the possession of the United States, unless political jurisdiction be ceded to them in some other way, is simply that of an ordinary proprietor.
The property in that case, unless used as a means to carry out the purposes of the government, is subject to the legislative authority and control of the states equally with the property of private individuals.
Thus the cases decided within the nineteenth century clearly disclose the extent and scope of both state and federal jurisdiction.
In essence, these cases, among many others, hold that the jurisdiction of any particular state is coextensive with its borders or territory, and all persons and property located or found therein are subject to such jurisdiction.
This jurisdiction is superior Federal jurisdiction results only from a conveyance of state jurisdiction to the federal government, for lands owned or otherwise possessed by the federal government, and thus federal jurisdiction is extremely limited in nature, and there is no federal jurisdiction if there be no grant or cession of jurisdiction by the state to the federal government.
Federal territorial jurisdiction exists only in Washington, D.C., the federal enclaves within the states, and the territories and possessions of the United States.
And that is the completion of the reading from Mr. B. Craft's report.
Thank you.
The Hour of the Time is brought to you by Swiss America Trading.
They're our people down in Phoenix, ladies and gentlemen, who specialize in precious metals, real money, gold and silver coin, as defined in the law and in the Constitution for the United States of America.
How many of you really understood that no state may tender in payment of debt anything other than gold or silver coin?
That's right out of Article I, Section 8 of the United States Constitution, or I should say, more correctly, the Constitution for the United States of America.
Now, if that is true, and states are paying debt with anything other than gold or silver coin, isn't that an indication that the Constitution is not in effect?
For there has been no amendment to the Constitution to change those requirements.
None whatsoever.
It also states clearly that Congress shall be responsible to coin money.
It doesn't say print money.
It says coin money.
Under the law, money is defined as a specific weight and measurement.
Actually, that's not true.
A dollar is defined as a specific weight and measurement of silver coin, known as one dollar.
Money is defined as silver coin.
Money can also be, as defined in the law, A substitute for silver coin in the form of gold coin.
Throughout the history of the world, ladies and gentlemen, there has only been one kind of economy that has ever succeeded, and that has been an economy based upon real worth commodities.
Either a barter commodity, a barter economy if you will, or an economy based upon metal coins.
It really doesn't make any difference what kind of commodity it is, except that some commodities don't last long, such as tomatoes.
You could have an economy based upon the commodity of tomatoes, but you would have to spend your tomatoes or trade them for something that you needed very quick, and there would be only a few times during the year that you could have tomatoes and be able to conduct your economy.
The key is intrinsic worth.
Whatever you use as money in any economy must have an intrinsic value of its own.
The reason that the populations of the world have always gravitated to gold and silver coins is that they have intrinsic value.
They are rare.
They can be used for other things besides money.
And they last a long, long time.
Gold does not rust.
It does not corrode.
Silver corrodes, but very, very slowly.
And it takes many, many years for it to diminish in value.
Silver coins found at the bottom of the sea in the most corrosive substance known upon the face of this earth, salt water, seawater, have been found intact and in good condition
after hundreds of years of being submerged and worked upon by sand and by the currents and by the various salts and corrosive substances that are found in the ocean.
You can buy today with one ounce of silver the same things and the same amounts of things that you could buy with one ounce of silver 1,000 years ago.
And the same holds true for gold.
There is going to become a time when people realize that what they are using now for money is absolutely worthless.
It means nothing.
And I'll give you just a little indication as to what I'm talking about.
If you have one, pull out a $100 bill and lay it beside a $1 bill and tell me the difference between the two.
You can't.
Because there is none.
So call Swiss American Trading and protect yourself from the fall that is sure to come.
1-800-289-2646.
That's 1-800-289-2646.
1-800-289-2646.
That's 1-800-289-2646.
And do it now, ladies and gentlemen, while you have a chance.
Now you can buy certain coins that are non-confiscatable and non-reportable.
Thank you.
But there will come a day when you won't be able to buy them at any price, and they will be reportable, and they will be confiscatable.
So don't procrastinate.
1-800-289-2646.
1-800-289-2646.
You'll be glad that you did.
piano plays
softly piano
plays softly
piano plays softly Oh, yeah.
You may wonder why I'm playing all of this kind of music on last night's broadcast and tonight's broadcast.
Well, it's because, you know, they think we're so stupid that we couldn't possibly learn any of this.
This is my way of rubbing it in their noses.
Country boys aren't as dumb as they may think.
None of us are.
We may be lost in ignorance.
We may be apathetic.
We may be caught up in years of stupidity after being brainwashed.
But nobody can be fooled forever.
Especially when you have the hour of the time.
And to tell you the truth, folks, the hour of the time is the only thing that you've got between absolute stupidity and saving yourselves.
If you don't believe it, listen to all the tapes of the hour of the time.
Listen to all tonight's broadcasts and all the future broadcasts and compare them to anything else on radio anywhere.
And you can forget about television, and you'll find that that statement is true.
I continue with our public notice.
During the Eisenhower administration, the matter of federal jurisdiction within the states was addressed at length by a specially formed interdepartmental committee for the study of jurisdiction over federal areas within the states, with both state and United States representatives participating in the study.
Assistant Attorney General Mansfield D. Sprague chaired the committee.
Part One of the report, titled, quote, The Facts and Committee Recommendations, end quote, was submitted to Attorney General Herbert Brownell, Jr., then transmitted to President Eisenhower in April 1956, and Part Two, titled, quote, A text of the Law of Legislative Jurisdiction was submitted in June 1957.
The latter report, in particular, affirms the conclusion that United States judicial authority within the several states extends only so far as the constitutional grant.
And here's what it says.
The Constitution gives express recognition to but one means of federal acquisition of legislative jurisdiction, by state consent under Article I, Section 8, Clause 17.
Justice McLean suggested that the Constitution provided the sole mode for transfer of jurisdiction and that if this mode is not pursued, no transfer of jurisdiction can take place.
And that's on page 41.
It scarcely needs to be said that unless there has been a transfer of jurisdiction, one, pursuant to Clause 17, by a federal acquisition of land within the state consent, or two, by cession from the state to the federal government, or unless the federal government has reserved jurisdiction upon the admission of the state, the federal government possesses no legislative jurisdiction over any area within a state.
Such jurisdiction being for exercise by the state subject to non-interference by the state with federal functions." And that's at page forty-five.
The federal government cannot, by unilateral action on its part, acquire legislative jurisdiction over any area within the exterior boundaries of a state.
It's at page forty-six.
On the other hand, while the federal government has power under various provisions of the Constitution to define and prohibit as criminal certain acts or omissions occurring anywhere in the United States, it has no power to punish for various other crimes, jurisdiction over which is retained by the states under our federal-state system of government, unless such crime occurs on areas
As to which legislative jurisdiction has been vested in the federal government.
That's at page 107.
The 1957 report appears to accommodate United States retention and or acquisition of land, and therefore legislative and judicial jurisdiction, other than that specifically prescribed in the Constitution under Article I authority.
Therefore, if the report is correct, on this hair-splitting matter Congressional blackmail of states admitted to the Union after the Civil War would appear to be legitimized, and the report seems to accommodate legislative cession of land to the United States for other than constitutional purposes, national parks, flood control, and electrical generation dams, etc.
However, the jury is still out on this matter, as recent United States Supreme Court decisions, such as New York v. United States, et al., 505 U.S., 120 L. Ed.
U.S. 120 L. Ed. 2nd 120-112 Supreme Court 2408-1992 seems to condemn this conclusion under Tenth Amendment and Separation of Powers Doctrine Authority.
The United States cannot exercise authority within the several states not specifically enumerated in Article I of the Constitution, and officers of the states cannot accommodate a United States exercise of power which is not specifically delegated under Article and officers of the states cannot accommodate a United States exercise of power which is not specifically movement.
Now, regardless of Tenth Amendment and separation of powers issues, any given act of Congress under United States judicial authority applies only to the extent of the act and the tending regulations with territorial limits prescribed at 18 United States Code Service, Section 7, 3 in parentheses, and 4 United States Code Service, Section 110, small d and small e.
Generally speaking, territorial bounds for United States judicial authority are applicable with respect to both civil and criminal matters, with diversity of citizenship being the only exception in civil matters.
This expansion of United States judicial authority does not extend to criminal matters, except as specified by Thomas Jefferson in the Kentucky Resolutions.
The United States Supreme Court has repeatedly prescribed the limits of federal criminal jurisdiction in definitive terms.
The conclusive statement is, Federal legislation applies only within the territorial jurisdiction of the United States unless a contrary intent in legislation appears.
C. Caja v. United States, 152 U.S., 211, 215, 14 Supreme Court, 513, 1894. American Banana Company v. United Fruit Company.
347-357-29 Supreme Court 5-11-1909 United States vs. Bauman 260 U.S.
347, 357, 29. Supreme Court, 511, 1909. United States v. Bauman, 260. U.S., 94, 97, 93, 43. Supreme Court, 39, 1922.
Blackmer v. United States.
284 U.S., 421, 437, 52. Supreme Court, 252, 1932.
Foley Brothers v. Philardo, 336 U.S., 281, 285, 69. Supreme Court, 575, 1949. United States v. Spaler, 338 U.S., 1949. United States v. Spaler, 338 U.S., 217, 222, 70. Supreme Court, 10, 1949.
And United States v. National City Bank, 321, F. Second, 1423.
Second Circuit, 1963.
The matter is addressed in Rule 54 of the Federal Rules of Criminal Procedure, Selected Portions, 1978 Edition, United States Code Service.
Thank you.
Rule 54.
Application and Exception.
Small A. Courts.
These rules apply to all criminal proceedings in the United States District Courts.
Small C. Application of Terms.
As used in these rules, the following terms have the designated meanings.
Act of Congress.
includes any act of Congress locally applicable to and in force in the District of Columbia, in Puerto Rico, in a territory or in an insular possession.
The words demur, motion to quash, plea and abatement Plea in bar and special plea in bar are words to the same effect in any act of Congress shall be construed to mean the motion raising a defense or objection provided in Rule 12.
Federal magistrate means a United States magistrate as defined in 28 United States Code, subsection 631 to 639.
A judge of the United States or another judge or judicial officer, specifically empowered by statute and force in any territory or possession, the Commonwealth of Puerto Rico or the District of Columbia, to perform a function to which a particular rule relates.
Judge of the United States includes a judge of a district court, court of appeals or the Supreme Court.
Law includes statutes and judicial decisions.
Magistrate includes a United States magistrate, as defined in 28 United States Code, subsections 631 to 639, a judge of the United States, another judge or judicial officer specifically empowered by statute in force at any territory or possession, another judge or judicial officer specifically empowered by statute in force at any territory or possession, the Commonwealth of Puerto Rico or the District of Columbia, to perform a function to which a particular rule relates, and a state or local judicial officer authorized to perform a function to which a particular rule relates, and a
State includes District of Columbia, Puerto Rico, territory, and insular possession.
United States magistrate means the officer authorized by 28 United States Code, subsections 631 through 639.
God.
Amen.
Application of Acts of Congress was clearly articulated in Caja v. United States, Supra, where the Supreme Court stated as follows, The laws of Congress in respect to those matters do not extend into the territorial limits of the States, but have force only in the District of Columbia and other places that are within the exclusive jurisdiction of the national government."
Application of terms in Rule 54 of the Federal Rules of Criminal Procedure appear to exclude jurisdiction of United States courts on national parks in the several states, as has been repeatedly demonstrated via four United States Code Services, Section 110, small as has been repeatedly demonstrated via four United States Code Services, Section 110, small d, and small e, and 18 United States Code Services, Section 7, 3 in parentheses, definitions and applications, and the definition of state cited
definitions and applications and the definition of state cited above, but regardless of this hair-splitting, United States judicial authority via U.S. district courts, which is concurrent with jurisdiction of National Park Commissioners, now known as federal magistrate which is concurrent with jurisdiction of National Park Commissioners, now known as federal magistrate judges, does not extend to the several states in any general way other than in territory seated by legislatures
Whether for constitutional purposes or for national parks.
Thus the law of legislative jurisdiction is preserved in the convoluted United States Code by tracking the history and evolution of United States courts and their officers.
And I could go on ladies and gentlemen but I think it would confuse the issue when we continue tomorrow night because we're going to start on another subject, the character of law and court effect on jurisdiction, as we continue with this public notice until it is complete.
If you would like to have a copy of this public notice, it will be printed in the next issue of Veritas, ladies and gentlemen, in the next issue of Veritas.
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Good night, and God bless each and every single one of you.
Don't miss the continuation on Monday night.
Thank you.
Oh my God!
We're good to go.
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