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Aug. 3, 1996 - Bill Cooper
01:00:37
Public Notice #3
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Time Text
*Might Power* Once upon a time there lived a brook and a brook saw her.
See you.
See you.
I'm Poe.
You're listening to the Hour of the Time.
I'm Pooh.
And I'm William Cooper.
I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God.
Honey?
Yes, dear?
I forgot.
Why don't you just start over?
I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God.
Indivisible, with liberty and justice for all.
Thank you, my dear.
You're welcome.
You did very well.
I'll come tuck you in later.
Alright.
Good night.
Good night.
Ladies and gentlemen, I hate to do this, but I've got to start off with something that shouldn't need to be done, but unfortunately it does.
Apparently on Saturday nights on WWCR, Someone is using my name without my permission.
I don't know which show it is.
I don't know who it is.
But they are advertising, they are advertising that I am affiliated with an organization that I am not affiliated with.
Do not back.
In fact, If you were to call me and ask me personally, I would tell you not to do business with these people under any circumstances whatsoever at any time, because your name is liable to end up on some BATF or FBI list.
Now, again, I don't know the name of the show, and I don't know who runs the show, but it's on Saturday night, and I've received several phone calls and two faxes Telling me that this Saturday night WWCR radio broadcast is advertising an organization called Surplus and Stuff out of St.
John's, Arizona, and they are telling their radio audience that Surplus and Stuff and Tim Lesbrance is affiliated with William Cooper and the Hour of the Time.
That is not true.
It is a blatant lie.
Tim Lesperance is a turncoat who tried to destroy our organization quite a while ago and we have no affiliation with him or with Soapbus and Stuff or with the broadcast that is running this fraudulent advertising on Saturday night and it is a fraud.
They are blatantly lying to you to attempt to get you to patronize a business Which they know I disapprove of.
So be advised, ladies and gentlemen, Surplus and Stuff is not an organization that I approve of or that I would advise you to purchase anything from.
Tim Lesperance, the proprietor of Surplus and Stuff, is a turncoat who tried to destroy our organization and him and along with some of his St.
John's police officer friends attempted to put some of our people in jail by framing them.
And in specific, I'm talking about Bart Chow, who was sitting in the office working with me at the time that they said that he was supposed to have been molesting some girl in the park in St.
John's.
All of this after Tim Lethbrance had told me some months earlier That if anybody ever messed with him, that's exactly what he would do.
And I talked about this on a broadcast months and months and months ago.
Most of you have probably forgotten it.
Many of you are new listeners.
If you listen to WWCR on Saturday nights, don't fall for the scam.
They're lying.
They're trying to get your business by fraud.
And I won't stand for it.
And I'm going to serve public notice right now to Tim Lesmer, Surplus and Stuff, and whoever he is sponsoring on Saturday night, that if I ever hear one more mention of my name in connection with this dirty, rotten turncoat, I'll have them all in court so fast they won't even know what happened.
Enough said about that, and a word to the wise.
I don't want to ever hear it again.
And ladies and gentlemen, if you ever hear anyone, ever, Connect my name with theirs.
By saying they're affiliated with me, or that I've approved their product, or any other such nonsense, you notify me immediately.
Because I don't do that ever.
Never.
Have I ever done it?
And never will I ever do it.
Now, let me get on to the next item on the agenda tonight.
As you all know, Tom Valentine is retiring and his broadcast is going off the air and I believe they're going to run 30 days of the best of Tom Valentine or some such nonsense like that, which is great.
I've been on WWCR for four years, ladies and gentlemen, and for four years I've been asking for an earlier time slot and I have specifically asked that if Tom Valentine ever vacated His earlier two hours, that I would like to have those two hours, and I was told that if it ever happened, I would get those two hours.
And now I am being told that the hour of the time is too controversial to be on an earlier time slot.
This, from a radio station, which I have been paying prime rate for, for four years, And I've been running my broadcast five nights a week.
I have the largest shortwave radio audience, bar none, without any exceptions whatsoever.
And I'm going to tell you right now, if you want this broadcast to be aired two hours a night at an earlier time slot, you're going to have to do the work.
You're going to have to write WWCR and demand it.
And I'm going to tell you right now, if I don't get that time slot, ladies and gentlemen, I have given WWCR notice that I will go to another station, if I can find another station, and broadcast, because if they do not have any loyalty toward this broadcast, after four years of paying because if they do not have any loyalty toward this broadcast, after four years of paying prime rates, and I mean prime rates, never missing a payment, always paying them, and
and bringing them the largest shortwave radio audience that there is, if that means nothing to WWCR, ladies and gentlemen, then WWCR means absolutely nothing to me.
Now I'm going to give you the address right now, and it's going to be up to you to put the pressure on WWCR to make this come true.
That means you can't sit on your butt.
You're going to have to write them and tell them what you think about it.
Who's going to take that time slot?
Brother Stare?
Mark Kornke?
Who?
Now, ladies and gentlemen, I'm not telling you that there's not somebody else out there who would be a good broadcaster.
There are many of them.
But none of them are giving you the information that I'm giving to you, documented, sourced, right on the money, pulling no punches whatsoever, Waking up the world to what's coming.
So, if you want some Pablum, from 10 to midnight, Eastern Standard Time, 9 to 11 Central, 8 to 10 Mountain, and 7 to 9 Pacific, if you want Pablum, sit back and do nothing.
If you'd like to see the hour of the time moved into that time slot, then you better start writing, and you better start calling, and you better not stop.
You've got to let them know that their audience wants this broadcast in that time slot.
The address is WWCR 1300.
WWCR Avenue.
That's 1300.
Once again, WWCR, 1-3-0-0, WWCR Avenue, Nashville, Tennessee, 3-7-2-1-8.
37218 USA Once again, WWCR 1300 WWCR Avenue Nashville,
Tennessee 37218 That's WWCR 1300 Tennessee 37218 That's WWCR 1300 WWCR Avenue Nashville, Tennessee 3.7
Now if you'd also like to call them and talk to them, just call the Nashville, Tennessee, area code number, whatever that is, And in 555-1212, ask for WWCR at 1300 WWCR Avenue in Nashville.
They'll give you the number.
Call and demand that this broadcast be honored as it should be for the loyalty that this broadcast has shown WWCR and for the money that we've paid WWCR and for the benefit of the listening audience who have always Wished that this broadcast could be aired at an earlier time, especially on the East Coast and in the Central Time Zone.
Now, you can't sit on your butt and think that this is going to happen.
There are tremendous pressures being exerted to prevent it.
Which means you're going to have to make your voice heard, you're going to have to write your letters, you're going to have to do something To make it happen.
Now, don't go away.
We're going to continue with part three of our public notice.
My country, tis of thee Sweet land tis of thee Sweet land of liberty Of thee I sing Amen. Amen. Amen.
you Land where my father died, land of the pilgrim's pride.
From every mountainside let freedom be.
My native country, the land.
of the noble priest thy name my love I love thy rocks and wills thy woods and template wills my heart
is that it wills like that my blood let music swell the breeze and reform tonight's broadcast is a continuation ladies and gentlemen of our public notice this
This public notice will be construed to comply with provisions necessary to establish presumed fact under Rule 301 Federal Rules of Civil Procedure and the Tending 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 during this public notice, if not rebutted, will be construed to have general application.
This public notice addresses jurisdiction of United States district courts and related agencies of the United States government.
Tonight we begin with the character of law and court effect on jurisdiction.
Judicial authority of the United States is established in Article Three of the Constitution for the United States of America.
Article Three, Section One.
The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
The judges, both of the Supreme Court and inferior courts, shall hold their officers during good behavior, and shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office.
The judicial power shall extend to all cases in law and equity arising under this Constitution the laws of the United States and treaties made are which shall be made under their authority.
To all cases affecting ambassadors, other public ministers and consuls, to all cases of admiralty and maritime jurisdiction, to controversies to which the United States shall be a party,
To controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under the grants of different states, and between a state or the citizens thereof and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and councils, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction.
In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury, and such trials shall be held in the state where the said crimes shall have been committed.
But when not committed within any state, the trial shall be at such place, or places, as the Congress may by law have directed.
Section 3, paragraph 1 Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving aid and comfort.
No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainer of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted." This was copied verbatim from Black's Law Dictionary, 6th edition.
The United States Supreme Court has classified judicial authority granted under Article III in three categories.
Those cases in common law and equity which are cognizable within the framework of the Section 2.1 arising under Clause 2nd Admiralty and Maritime Jurisdiction under Section 2.1 and 3rd Cases Pertaining to Ambassadors, etc.
Cases relating to the several states are affected by the Eleventh Amendment, ratified in 1798, But don't materially affect the instant matter.
Concern in this context focuses on two types of law and the originating source.
Use of the term law in Article Three of the Constitution, as is the case for due process amendments in the Bill of Rights, that is, the first ten amendments, particularly the fourth, fifth, sixth, and seventh, contemplates English-American lineage common law.
Equity, also known as chancery, pertains primarily to commercial or contract law, and is voluntary on the part of participating parties.
In other words, common law was assumed and construed to be the law of the land applicable both within the United States and the several states.
Constitutional intent was carried out by the First Congress via the Judicial Act of 1789.
In this act, original cognizance over admiralty and maritime affairs was vested in courts of the United States, exclusive of the several states, with a safeguard built in, known as the Saving-to-Suitors Clause.
Suitors, or parties to an action, could remove to common law jurisdiction where the common law was competent to provide a remedy.
The saving to suitor's clause is retained in the current United States Code.
In the beginning, admiralty and maritime jurisdiction applied only to matters concerning international contracts and affairs upon the high seas, with the law of nations providing a guiding light.
The Supreme Court, early on, concluded that while admiralty jurisdiction is conveyed in Article III, Section 2.1, it is distinct from authority pertaining to law and equity, and therefore does not fall under authority of the arising under clause.
American Insurance Company vs. 356 Bales of Cotton 1828 26 United States Supreme Court 511 7 L. Ed.
242 Romero vs. International Terminal Operating Company 1959 358 United States Supreme Court 354 3 L. Ed.
7L Ed 242 Romero v. International Terminal Operating Company 1959 358 United States Supreme Court 354 3L Ed 2nd 368 79 Supreme Court 468 Read in 359 United States Supreme Court
Court 962-3 L. Ed. 2nd, 769-79, Supreme Court 795.
The nature and origin of admiralty law is set out in Volume 1 of Corpus Juris, 1914 Edition, page 1249, as follows.
Definition.
Section 1.
Admiralty is that branch or department of jurisprudence which relates to and regulates maritime property, affairs and transactions, whether civil or criminal, and In a more limited sense, it is the tribunal exercising jurisdiction over maritime causes and administering the maritime law by a procedure peculiar to itself and distinct from that followed by courts, either of equity or of common law.
2 Origin and Growth Section 2 A. Under the civil law, admiralty courts owe their origin and procedure largely to the civil law which prevailed in Italy and along the north coast of the Mediterranean, where naval commerce was originally most active, and where, after the fall of the Western Empire,
The merchants and traders by sea brought about the establishment of a court of consuls in each of the principal maritime cities to hear causes arising out of maritime commerce and property.
The judges of these consular courts were chosen on Christmas of each year by the chief merchants, and they enforced and applied to controversies the customs of the sea, whose origin is long anterior to the civil law itself.
These courts gradually developed and extended their jurisdiction as maritime commerce became more profitable and important, until ultimately, in most states, they were merged into and became known as Courts of Admiralty.
Section 3b In England, the Admiralty is a court of ancient origin, traceable back in English jurisprudence to the reign of Edward I.
and exercising a jurisdiction colloquial and coextensive with that of other foreign maritime courts.
Indeed, by some authorities it is said to have existed long before that time.
But owing to the hostility which, from historic causes, gradually developed in England against the civil law, The jurisdiction of Admiralty was there greatly restricted and limited, both by statute and by decisions of the Common Law Courts interpreting the same.
A reaction in favor of the Admiralty Courts has now taken place, however, and by Acts of Parliament they have regained much of their lost jurisdiction and have acquired jurisdiction over all claims for damages done by any ship, whether on land or water.
Section 4 C. In the United States it is now well settled, after much controversy, that the jurisdiction of the courts of admiralty in the United States is not limited to that of the English admiralty at the time of the Revolution, but is derived from the early usages of the statutes and the federal laws and decisions.
The history Dear listeners, Related Above hardly does justice to the continued English-American battle over imposition of admiralty law, which, as that article suggests, is in the nature of Roman civil law, British feudal law, or simply civil law, where legislative and administrative bodies are ultimate authorities without reference to an independent judicial body.
This kind of rule set English barons against King John I, with the result being the Magna Carta, signed in 1215 and in 1640, resulted in the popular rebellion which ended Star Chamber and convoluted ecclesiastical courts under Charles I. American founders were fully aware of the effect of admiralty or civil law.
The Vice Admiralty Courts of George III were largely responsible for the American Revolution.
Thus, the Saving to Suitors Clause incorporated in the Judicial Act of 1789.
However, in the period following the Civil War, Congress found admiralty rule convenient, And as the geographical United States under Congress's alleged Article IV legislative jurisdiction became an increasingly powerful influence, admiralty rule was extended.
First as already noted from the United States Government Manual of 1995-96, circuit courts were changed to courts of appeal by Act of March 3, 1891.
Then United States District Courts were reorganized and set by Act, March 3, 1911, 61st Congress, Session 3, Chapter 231, Pages 1087, etc., Public No.
475.
The nature of United States District Courts is revealed in the Act at Section 9.
The District Courts as Courts of Admiralty and as Courts of Equity." You've all heard me tell you many times that the Federal Courts are Courts of Admiralty under Equity, and this just confirms it.
In other words, the District Courts of the United States, from the Act of March 3, 1911 on, if not before, have never really had a common law character in federal territories, and their legitimate relationship to, and within the several states, has, at best, been at arm's length and shaky, where the party of interest is the geographical United States under Congress's Article IV Legislative Jurisdiction, exclusive of Article I delegated authorities.
However, within federal areas or territories, as described in the Buck Act at 4 U.S.
Code Service, section 4, small e, and the first part of 18 U.S.
Code Service, section 7, 3, the same limitation does not apply, as disclosed at section 11 of Corpus Juris, Supra, page 1251.
And here it is, section 11, paragraph 7.
territorial courts.
Although admiralty jurisdiction can be exercised in the states and those courts only which are established in pursuance of the third article of the Constitution, the same limitation does not extend to the territories, and Congress may vest admiralty jurisdiction in courts created by and Congress may vest admiralty jurisdiction in courts created by a territorial legislature as well as in territorial courts created by act of Congress.
And it has exercised this power in both instances.
In re Cooper 143, United States Supreme Court 472, 12 section 453, 36 L. Ed. 232, the city of Panama 101, United States Supreme Court 453, 25 L. Ed. 1061, United States Supreme Court 453, 25 L. Ed. 1061, American Insurance Company versus 356 bales of cotton, Supra, etc., etc., etc.
To say that USD district courts didn't have a common law character isn't precisely correct.
In diversity suits at law, or in equity, or suits covered by other provisions of the arising under clause, they appear to have had a law character.
However, in 1938, via Erie Railroad Company v. Tompkins, The United States Supreme Court declared that there is no longer a national or general common law.
And this is why I have made the statement repeatedly on this broadcast that those of you engaging in common law courts and common law this and common law that and common law liens are setting yourself up for big trouble.
The Supreme Court has declared that there is no longer a national or general common law.
And from that time on, there were no Article III courts in operation within the United States of America.
They today operate exclusively under special maritime and territorial jurisdiction of the United States, as defined at 18 United States Code Service, Section 7, Paragraph 3, under Admiralty Civil Law Rules, which are contrary to common law, indigenous under Admiralty Civil Law Rules, which are contrary to common law, indigenous to the
In fact, court decisions disclose that they have only Admiralty and Vice-Admiralty capacities, and in effect, either accommodate private international law under treaties, or serve as administrative law courts.
See 5 United States Code, Subsection 701, etc.
The Supreme Court is the only remaining United States court which has a true Article III judicial character, and under Rule 17.1 of the Supreme Court Rules, has original jurisdiction over original actions at law.
The Supreme Court is the only remaining in the United States Code, which is a true rule of law.
Previous conversation concerning the definition of words.
So understand that the Supreme Court is the only remaining United States court which has a true Article III judicial character.
There are no others, and under Rule 17.1 of the Supreme Court Rules, has original jurisdiction over original actions at law.
The fine line determining applicability of the Article III, Section 2.1, arising under clause, is the party of interest.
So long as an agent or agency of the United States is carrying out an Article I.
They sat together in the past.
As the evening sky grew dark.
As she looked at him, he fell apart.
Single to his heart.
Oh, I apologize, ladies and gentlemen.
But all of a sudden I had this tremendous tickling in my throat and the overwhelming urge to cough.
And I had to get off this mic.
So, you got a little music.
But since we've done that, let's take our normal commercial break, and we will resume after this short pause.
Imagine there's no heaven As easy as you try As easy as you try
No hell below, above our only sky.
Imagine all that we've gone, living for today.
Imagine all that we've gone, living for today.
There's no country.
It isn't hard to do.
Nothing to kill or die for.
And no religion to.
Imagine all the people.
Living life indeed.
You may say I'm a dreamer.
But I'm not in the world.
I hope someday you'll join us.
And where will you lie?
Thank you.
There's no possession.
I wonder if you can.
wonder if you can.
No need for greed or hunger, a brotherhood of man.
Imagine all the people sharing all the world.
You may say I'm a dreamer, but I'm not the only one.
I hope someday you'll join us and the world will live in one.
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Whichever one it is that you have.
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If you don't believe any of this, ladies and gentlemen, study history.
History is the key to the future.
For the future is nothing but a repeat of all that has gone before.
Usually occurs in cycles over and over and over again.
There is nothing new under the sun.
1-800-289-2646 Do it now.
You know how we all tend to procrastinate.
You'll be glad that you did and listen, ladies and gentlemen, very carefully to the lyrics of this tune.
And imagine.
Because this is the world that they want to bring into being.
Thank you.
Imagine there's no heaven.
Even if you try.
No hell below us.
The above our only sky Imagine all that before Living for today Imagine there's no country Amen.
It isn't hard to do.
to do.
Nothing but heal or die for, and no religion do.
Imagine all the people living life in peace.
You fool!
You may say I'm a dreamer, but I'm not in real.
I hope someday you'll join us, and the world will be won.
I hope someday you'll join us.
Nothing's old in possession.
I wonder if you can No need for freedom there A brotherhood of men Imagine all the people Sharing all the world
If you are You may say I'm a dreamer But I'm not the only one I hope someday you'll join us
And the world will live in one Yes, the Brotherhood of Man, the same Brotherhood of Man that I have been telling you about for years.
The Order, the Illuminati.
Well, I continue with our public notice.
The fine line determining applicability of the Article 3, Section 2.1 arising under clause is the Party of Interest.
So long as an agent or agency of the United States is carrying out an Article I delegated power within the several states, courts of the United States have jurisdiction by way of the arising under clause, whether as the complaining party or defendant.
However, if an agent or agency of the United States operates under Congress's Article IV legislative jurisdiction, exclusive to the geographical United States, or to the United States government, which is a foreign corporation with respect to the several states, the arising under clause does not apply, as the act is perpetrated under color of law.
In other words, the Act of Congress, which is locally applicable only in the District of Columbia, Puerto Rico, etc., does not legitimately reach the several states and the population at large.
For example, in the public notice memorandum recently published as the headline article in Veritas pertaining to the character of the Internal Revenue Service and proper application of the Internal Revenue Code, which to date has been published as legal notice in Oklahoma, Nebraska, Montana, and Arizona which to date has been published as legal notice in Oklahoma, Nebraska, Montana, and Arizona newspapers, we demonstrated that the Internal Revenue Service is an agency of the Department
Congress never created a Bureau of Internal Revenue predecessor of the Internal Revenue Service and that no taxing statute in the Internal Revenue Code is applicable to the several states, save as pertains to import duties on alcohol, tobacco, and firearms in save as pertains to import duties on alcohol, tobacco, and firearms in Subtitle E and certain items in Subtitle D, which are windfall profits, tax on offshore and imported petroleum, of the Internal
In the event that officers and agents who allege to represent United States laws and interest prove to be operating under color of law within the United States, excuse me ladies and gentlemen, let me read that last paragraph over again.
In the event that officers and agents who allege to represent United States laws and interest prove to be operating under color of law within the several states United States judicial authority cannot spare them from accountability in the framework of laws and courts of the several states.
Suppose a soldier stationed at Fort Sill, Oklahoma robbed a store or murdered someone in Lawton, Oklahoma.
The fact that he is in United States military service and might have even used an Army-issued gun does not affect the law he broke or the sovereign territorial authority which originates and is responsible for enforcing the law.
In other words, immunity travels only so far as legislative jurisdiction and the precise limit of any given law.
Under Congress's Article I delegated authority, agents and officers of the United States have certain legitimate duties which reach the several states.
But under Congress's Article IV authority in the geographical, self-interested United States, the cloak of immunity is shed at borders of the several states except on federal enclaves ceded by legislatures of the states to the United States for constitutional purposes.
The federal government has no jurisdiction whatsoever to try Terry Nichols and Tim McVeigh for the alleged bombing of the Murrah Federal Building in Oklahoma City.
The jurisdiction clearly lies with the state of Oklahoma, for the land that the Alfred P. Murrah Federal Building was sitting on at the time that the explosion occurred was not ceded by the Legislature of the State of Oklahoma to the United States, for any constitutional purpose or any other purpose ever.
The distinction between United States arising under an admiralty jurisdiction, particularly when admiralty authority is under Congress's Article IV authority in the geographical United States, Representing United States interests outside Congress's role as the Article I legislative body for national government is territorial in nature, and must comply with the law of legislative jurisdiction.
If this is not the case, Tenth Amendment and separation of powers doctrine limitations are of no effect.
Now ladies and gentlemen, we'll go into statute application determined by regulation.
And we're not going to finish this tonight, so we will continue it tomorrow night.
The Administrative Procedures Act, located at 5 United States Code Service, subsection 552, et sec.
And the Federal Register Act, at 44 United States Code Service, subsection 51, excuse me, 1501, et sec.
Provide the means for determining what statutes from any given act of Congress are applicable where.
If a statute has general application, the agency head responsible for carrying out whatever duties the statute prescribes is required to promulgate regulations disclosing the who, what, when, where, and how, and have the regulation published in the Federal Register if it has general application.
If regulations are not published in the Federal Register, they have limited application.
The control statute in the Federal Register Act is 44 United States Code Service, section 1505, small a. Section 1505, documents to be published in the Federal Register.
Proclamations and executive orders, documents having general applicability and legal effect, documents required to be published by Congress.
There shall be published in the Federal Register 1.
Presidential proclamations and executive orders, except those not having general applicability and legal effect, are effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof. 2.
Documents are classes of documents that the President may determine from time to time have general applicability and legal effect, and three, documents are classes of documents that may be required so to be published by Act of Congress.
And for the purposes of this chapter, 44 United States Code Service, subsection 1501, etc., every document or order which prescribes a penalty has general applicability and legal effect.
At 44 United States Code Service, section 1507, the provision is made that, and I quote, the contents of the Federal Register shall be judicially noticed, end quote.
And at Section 1510, which establishes the Code of Federal Regulations, it provides at subsection small e that, quote, the codified documents in the Code of Federal Regulations of the several agencies published in the supplemental edition of the Federal Register shall be the codified documents in the Code of Federal Regulations of the several agencies published in the supplemental edition of the Federal Register shall be prima facie evidence of the text of the documents and of the fact
Pay particular attention to effect on and after the date of publication.
In other words, Where the several states and the general population are concerned, a statute created by act of Congress is somewhat like a hot air balloon that won't get off the ground until someone pokes in hot air.
Regulations are to statutes as hot air is to the balloon.
As stated in section 1505, small a, 1, if regulations for any given statute are not published in the Federal Register Application is limited to federal agencies or persons in their capacity as officers, agents, or employees of federal agencies.
Provisions of 44 United States Code Service Section 1505 small a are restated at 1 Code of Federal Regulations Section 5.2.
Section 5.2 says, quote, documents required to be filed for public inspection and published.
The following documents are required to be filed for public inspection with the Office of the Federal Register and published in the Federal Register.
A. Presidential Proclamations and Executive Orders in the numbered series and each other document that the President submits for publication are orders to be published.
b. Each document or class of documents required to be published by Act of Congress.
Small c. Each document having general applicability and legal effect.
Citations of authority requirements are as follows.
Section 21.40.
General requirements.
Authority citations.
Each section in a document subject to codification must include or be covered by a complete citation of the authority under which the section is issued including Small A. General or specific authority delegated by statute and Small B. Executive delegations, if any, necessary to link the statutory authority to the issuing agency.
Section 21.41 Agency Responsibilities Small A. Each issuing agency is responsible for the accuracy and integrity of the citations of authority in the document it issues.
Small B.
Each issuing agency shall formally amend the citations of authority in its codified material to reflect any changes thereto." The character of federal statutory law and the need for regulations has been addressed time and again by the United States Supreme Court and Circuit Courts of Appeal.
Many of the clearer statements relate to application of the Internal Revenue Code as in California Bankers Association v. Schultz, 416 U.S.
Supreme Court, 21-2694, Supreme Court, 1494, 1500, 39 L. Ed.
United States Supreme Court 21, 26, 94, Supreme Court 1494, 1500, 39 L. Ed. 2nd, 812, 1974.
Quote, because it has a bearing on our treatment of some of the issues raised by the parties, we think it important to note that the act's civil and criminal penalties attach only upon violation of regulations promulgated by the Secretary.
If the Secretary were to do nothing, the Act itself would impose no penalties on anyone." In Foley Brothers v. Bilardo, 336 U.S.
Supreme Court, 281, 1949, the High Court said this, It is a well-established principle of law that all federal legislation applies only within the territorial jurisdiction of the United States unless a contrary intent appears.
In order, ladies and gentlemen, for a contrary intent to be facilitated, Delegations of authority and implementing regulations must be published in the Federal Register and or any given statute must clearly articulate application.
Fortunately, there is a reasonably easy way to discern what statutes in the United States Code have general application to the several states and the population at large.
This is through the parallel table of authorities and rules.
Which begins on page 751 of the 1995 Index Volume to the Code of Federal Regulations.
Its authority is located at 1 Code of Federal Regulations section 8.5 small a. And it says, quote, Parallel tables of statutory authorities and rules.
In the Code of Federal Regulations, Index, or at some other place as the Director of the Federal Register considers appropriate, numerical lists of all sections of the current edition of the United States Code except Section 301 of Title V, which are cited by issuing agencies as rulemaking authority for currently effective regulations in the Code of Federal Regulations.
The list shall be arranged in the order of the titles and sections of the United States Code with parallel citations to the pertinent titles and parts of the Code of Federal Regulations.
This handy finding lists United States Code statutes by title and section in the left column.
If implementing regulations have been published in the Federal Register and applicable regulations by title and part in the right column.
If the statute doesn't appear, it doesn't have implementing, excuse me ladies and gentlemen,
If the statute doesn't appear, it does not have implementing regulations which have been published in the Federal Register signifying that, in accordance with 44 United States Code Service, section 1505, small a, 1, provisions, the statute is applicable only to federal agencies or the officers, agents, and employees of federal agencies.
If the statute number does appear and a regulation is cited, the regulation must be consulted to determine application.
And we're out of time.
We will continue with our public notice tomorrow night.
Don't miss a word of it.
We're getting into some pretty important points.
Good night, ladies and gentlemen.
Don't forget to write, call, and don't stop bugging WWCR to get what you want.
Good night, and God bless you all.
If tomorrow all the things were gone I'd work for all my life And I had to start again With just my children and my wife I drank my lucky start
The address is WWCR1300 WWCR Avenue Nashville, Tennessee 37218 That's WWCR 1300 WWCR Avenue Nashville, Tennessee 37218 The man who died Who gave that right to me
And I'd rather stand up Next to you Than to take her Till today .
But there is no doubt, I am his friend.
God bless the USA From the lake of Minnesota To the hills of Tennessee Across the plains From the lakes of Minnesota to the hills of Tennessee.
Across the plains of the sea, from sea to shining sea.
From Detroit down into Utah and to New York to LA.
Spread a pride in every American heart and it's time we stay in the same.
Spread a pride in every American where it is that old and free.
And I won't forget the men who died, who gave their life to the end.
And I gladly stand up next to you and defend her until today.
But there ain't no doubt I love this land.
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