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The Flags of the American Revolution
Various ^
| July 4, 2013
| The People of the US
Posted on 07/04/2013 7:59:30 AM PDT by Pharmboy
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To: centurion316
The source that you cite, applies ONLY to the military, as it was issued by the President in his role as Commander in Chief. It does not apply to the Judicial Branch, you would need to find another source for that. Unfortunately, all district courts are admiralty courts, see the Judiciary Act of 1789 From the link you apparently didn't read:
John Adams talking on his state's Constitution:
"Next to revenue (taxes) itself, the late extensions of the jurisdiction of the admiralty are our greatest grievance. The American Courts of Admiralty seem to be forming by degrees into a system that is to overturn our Constitution and to deprive us of our best inheritance, the laws of the land. It would be thought in England a dangerous innovation if the trial, of any matter on land was given to the admiralty." -- Jackson v. Magnolia, 20 How. 296 315, 342 (U.S. 1852) That would not be such a problem as long as land and maritime courts were kept separate. Unfortunately, they are not:
"It is only with the extent of powers possessed by the district courts, acting as instance courts of admiralty, we are dealing. The Act of 1789 gives the entire constitutional power to determine "all civil causes of admiralty and maritime jurisdiction," leaving the courts to ascertain its limits, as cases may arise." -- Waring ET AL,. v. Clarke, Howard 5 12 L. ed. 1847 That's a lot of discretion. Did it happen? Slowly...
"This power is as extensive upon land as upon water. The Constitution makes no distinction in that respect. And if the admiralty jurisdiction, in matters of contract and tort which the courts of the United States may lawfully exercise on the high seas, can be extended to the lakes under the power to regulate commerce, it can with the same propriety and upon the same construction, be extended to contracts and torts on land when the commerce is between different States. And it may embrace also the vehicles and persons engaged in carrying it on (my note - remember what the law of the flag said when you receive benefits from the king.) It would be in the power of Congress to confer admiralty jurisdiction upon its courts, over the cars engaged in transporting passengers or merchandise from one State to another, and over the persons engaged in conducting them, and deny to the parties the trial by jury. Now the judicial power in cases of admiralty and maritime jurisdiction, has never been supposed to extend to contracts made on land and to be executed on land. But if the power of regulating commerce can be made the foundation of jurisdiction in its courts, and a new and extended admiralty jurisdiction beyond its heretofore known and admitted limits, may be created on water under that authority, the same reason would justify the same exercise of power on land." -- Propeller Genessee Chief et al. v. Fitzhugh et al. 12 How. 443 (U.S. 1851)
And kept going...
"The idea prevails with some indeed, it found expression in arguments at the bar that we have in this country substantially or practically two national governments; one to be maintained under the Constitution, with all its restrictions; the other to be maintained by Congress outside and independently of that instrument, by exercising such powers as other nations of the earth are accustomed to exercise." "I take leave to say that if the principles thus announced should ever receive the sanction of a majority of this court, a radical and mischievous change in our system of government will be the result. We will, in that event, pass from the era of constitutional liberty guarded and protected by a written constitution into an era of legislative absolutism."
"It will be an evil day for American liberty if the theory of a government outside of the supreme law of the land finds lodgment in our constitutional jurisprudence. No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the constitution." -- Downes vs Bidwell, 182 U.S. 244 (1901)
Then came the bankruptcy
"Since March 9, 1933, the United States has been in a state of declared national emergency....Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and, in a plethora of particular ways, control the lives of all American citizens." "A majority of the people of the United States have lived all of their lives under emergency rule. For 40 (now 63) years, freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency....from, at least, the Civil War in important ways shaped the present phenomenon of a permanent state of national emergency." - Senate Report, Special Committee On The Termination Of The National Emergency United States Senate, 93rd Congress, November 19, 1973
You say this only applies to military matters under the CIC. Unfortunately, pursuant to the continuing state of emergency that has existed since 1933, we are under martial law with the CIC as the appointed trustee and executor of the bankruptcy. It is at the discretion of the district judge as to which body of law applies, Admiralty or Constitutional. Hence the flag.
Hope you had a nice Independence Day.
41
posted on
07/05/2013 9:24:29 AM PDT
by
Carry_Okie
(The environment is too complex and too important to be managed by central planning.)
To: Carry_Okie
Do you guys hold meetings?
What are the dues and is there a club jacket or a T Shirt?
How is this body of nit wits governed and who rules on disputes of interpretation of Admiralty Law and Martial Law?
Be careful what you say, they are watching you, you know.
Thanks for the laughs.
To: centurion316
How is this body of nit wits governed... Apparently by money.
...and who rules on disputes of interpretation of Admiralty Law and Martial Law?
Federal judges.
Thanks for the laughs.
Thanks for an argument devoid of content.
43
posted on
07/05/2013 12:19:46 PM PDT
by
Carry_Okie
(The environment is too complex and too important to be managed by central planning.)
To: Carry_Okie
I’m not arguing, I’m just thoroughly amused by the complete absurdity of the whole thing.
As such an expert on Admiralty Law, you must know that there is one very important exception to those who are subject to its jurisdiction. Under the Law of Sovereign Immunity, warships of our own and other sovereign nations are not subject to Admiralty Law. Admiralty Law only applies to civil matters. That could be why your argument and your movement have been laughed out of every courtroom where this silly nonsense has been mentioned.
To: Professional Engineer
wow. I miss those old foxhole days.
To: snippy_about_it
I was trying to remember the last flag-o-ping I did. Must of been 4 years or so. Yeeesh.
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