Posted on 12/29/2011 7:46:19 AM PST by Gennie
Newt and the Bill of Rights
December 29, 2011
Jason McNew
Average Americans increasingly are realizing that our national difficulties are the direct results of not following our own laws -- specifically the Constitution. In light of recent Congressional actions ostensibly undermining Habeas Corpus and Posse Comitatus, statements like this by a presidential candidate need serious scrutiny.
(Excerpt) Read more at americanthinker.com ...
Too many conservatives are micro-examing each and every facet of all the candidates,looking for the Perfect Candidate.
NEWSFLASH: The Second Coming has not arrived.
Christ doesn’t walk among us.
Pick the most conservative, most electable candidate and support him/her.
Look at the flaws in the opponent. NO COMPARISON.
Although the Act, per se, might have some merit, the end of Reconstruction had some very negative results. 35,000 Republican office holders or candidates for office in Southern States were murdered or assassinated.
You have to buy into Posse Comitatus being some sort of "right" if and only if you buy into the idea that it should be lawful to murder Republicans.
I disagree.
Therefore I'm of the school that holds that the Act is merely a limitation on the federal government's enforcement of state laws using the Army and Air Force.
Learn to reserve your “Unalienable Rights”...
UCC 1-103 & 1-207
UCC 1-207 is “Remedy” from Colorable Statutory Law and UCC 1-103 is your
“Recourse”!!! Use UCC 1-207 to reserve your right and 1-103 to argueyo ur
rights, under the Common Law, in court. State must produce a “flesh and blood” damaged party!!
U.C.C. 1-207:4 Sufficiency of reservation.
Any expression indicating any intention to preserve rights is sufficient, such as
“without prejudice,” “under protest,” “under reservation,” or “with reservation of
all our rights.”
The Code states an “explicit” reservation must be made. “Explicit” undoubtedly
is used in place of “express” to indicate that the reservation must not only be
“express” but it must also be “clear” that such a reservation was intended.
The term “explicit” as used in U.C.C. 1-207 means “that which is so clearly
stated or distinctively set forth that there is no doubt as to its meaning.”.. ..
U.C.C. 1-207:7 Effect of reservation of rights.
The making of avalid reservation of rights preserves whatever rights the person
then possesses and prevents the loss of such right by application of concepts of
waiver or estoppel....
U.C.C. 1-207:9 Failure to make reservation.
When a waivable right or claim is involved, the failure to make a reservation
thereof causes a loss of the right and bars its assertion at a later date....
U.C.C. 1-103:6 Common law.
The Code is “Complementary” to the common law which remains in forceexcept where displaced by the Code.. ..
A statute should be construed in harmony with the common law unless there is a clear legislative intent to abrogate the common law.... “The Code cannot be read to preclude a common law action.”
EXAMPLE
My use of “Without Prejudice UCC 1-207” near my
signature on this document indicates that Ihave exercised
the “Remedy” provided for me in the Uniform Commercial
Code in Book 1 at Section 207, whereby I have reserved
my Common Lawright not to be compelled to perform
under any contract, and/or agreement, or bankruptcy that I
have not entered into knowingly, voluntarily, and
intentionally. And, that reservation serves notice upon all
administrative agencies of government — national, state and
local — that I do not, and will not, accept the liability
associated with the “compelled” performance of any unrevealed
commercial agreement, and/or contract, or
bankruptcy.
Article III, section 2 of the organic Constitution defines the kinds of judicial power the courts have:
1. common law
2. equity
3. admiralty
4. maritime
At the common law - a crime exists only when there is a victim with actual damages like a broken arm.
In equity - otherwise known as civil law a private contract is or agreement is involved. For an action to be brought there must be a breach of contract and damages.
Maritime - or commercial contract law originates in the rules of trade upon the high seas between international merchants and is enforced by military organizations.
Admiralty - is armed enforcement of the laws of commerce(the law merchant)
All birth certificates, licenses, registrations, insurances, bank accounts, permits, titles, deeds, etc. are commercial contracts created under the UCC - (Uniform Commercial Code) and this is where the confusion begins. Most people do not know that commercial law cannot regulate private dealings between civilians much less where to draw the line.
Where does one draw the line?
The Uniform Commercial Code
The Uniform Commercial Code was adopted by all states in 1964 making it the supreme law of the land. Take a look in the first part of every Federal and State code books and you will the find the Uniform Commercial Code consistent throughout.
UCC 1-103.6 defines how contract law must be in compliance with the rules of the common law providing there is made a knowing reservation of common law rights.
“The Code is complimentary to the Common Law, which remains in force, except where displaced by the code. A statute should be construed in harmony with the Common Law, unless there is a clear legislative intent to abrogate the Common Law.” (UCC 1-103.6)
What’s the remedy?
“The making of a valid Reservation of Rights preserves whatever rights the person then possesses, and prevents the loss of such rights by application of concepts of waiver or estoppel.” (UCC 1-207.7)
It is important to remember when we go into a court, that we are in a commercial, international jurisdiction. If we go into court and say. “I DEMAND MY CONSTITUTIONAL RIGHTS!”, the judge will most likely say, “You mention the Constitution again, and I’ll find you in contempt of court!” Then we don’t understand how he can do that. Hasn’t he sworn to uphold the Constitution? The rule here is: you cannot be charged under one jurisdiction and defend yourself under another jurisdiction. For example, if the French government came to you and asked where you filed your French income tax of a certain year, do you go to the French government and say “I demand my Constitutional Rights?” No. The proper answer is: “THE LAW DOES NOT APPLY TO ME. I AM NOT A FRENCHMAN.” You must make your reservation of rights under the jurisdiction in which you are charged, not under some other jurisdiction. So in a UCC court, you must claim your Reservation of Rights under UCC 1-207.
UCC 1-207 goes on to say...
“When a waivable right or claim is involved, the failure to make a reservation thereof, causes a loss of the right, and bars its assertion at a later date.” (UCC 1-207.9)
You have to make your claim known early. Further, it says:
“The Sufficiency of the Reservation: any expression indicating an intention to reserve rights is sufficient, such as “without prejudice”. (UCC 1-207.4)
Whenever you sign any legal paper that deals with Federal Reserve Notes, write under your signature: “Without Prejudice (UCC 1-207.4).” This reserves your rights. You can show, at UCC 1-207.4, that you have sufficiently reserved your rights.
It is very important to understand just what this means. For example, one man who used this in regard to a traffic ticket was asked by the judge just what he meant by writing “without prejudice UCC 1-207” on his statement to the court? He had not tried to understand the concepts involved. He only wanted to use it to get out of the ticket. He did not know what it meant. When the judge asked him what he meant by signing in that way, he told the judge he was not prejudice against anyone... The judge knew that the man had no idea what it meant, and he lost the case. You must know what it means!
Without Prejudice UCC 1-207
When you use “without prejudice UCC 1-207” in connection with your signature, you are saying, “I reserve my right not to be compelled to perform under any contract or commercial agreement that I did not enter knowingly, voluntarily and intentionally. I do not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement.”
UCC 1-207. Performance or acceptance under Reservation of Rights.
A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “WITHOUT PREJUDICE”,” UNDER PROTEST” or the like are sufficient.
Like this:
“WITHOUT PREJUDICE” UCC 1-207”
First-Middle:Last
Your autograph is among your most valuable assets. It is not a good idea to autograph a contract without reserving your rights. If you must carry a driver’s license you should get a new one with a reservation of rights above your autograph on the license itself. As a matter of fact it is wisest to reserve your rights in any agreement, just in case there is some small print that suggests waiver of your God given freedom.
NOTE:
UCC 1-308 now replaces UCC 1-207
More here:
http://www.energeticforum.com/general-discussion/2504-common-law-ucc-1-308-a.html
http://www.dailypaul.com/78775/does-anyone-sign-their-name-without-prejudice-ucc-1-308
Does anyone sign their name “Without Prejudice UCC 1-308”?
pretty cool........ can you translate that into english??
Let me help. The law don't mean cr@p to tyrants.
I was not aware of that. In addition to all my regular history classes in junior high and high school I had two semesters of History of the South in college, taught by the renowned Dr. Grady McWhinney.. I don't know how I could have missed that but perhaps I have forgotten. I remember Carpetbaggers, Scalawags, the formion of the KKK, etc., but I don't recall that statistic or the problem in general.
Neither Google or Ping are helpful. Could you guide me to a source?
There are tens of thousands more murders ~ enough that the Republican party in Southern states simply didn't have a public face. No one, white or black, could run as a Republican and not suffer some sort of accident or shooting ~ either themselves or a close relative.
This is where the RINO was invented. A young, popular Democrat would run as a Republican to evade the corrupt and fixed Democrat primaries.
For most of a century all Southern office holding Republicans were actually RINOs.
Note, even the killings by lynching are generally considered to be terribly understated ~ one thing those Southern Democrats loved to do was kill Negroes, unless it was killing white people they didn't like.
We've seen something akin to Islamofascism in America before and it wasn't pretty then and it's not pretty now. You really can't have a civil society when a large number of your peeps think it's OK to murder people.
We make a mistake when we import more of them.
Now, a note about "carpetbaggers" ~ anti-slavery Southerners were regularly driven out of the South long before the Civil War. Many of them ended up in Indiana. After the war a number of the Geyer family sought to move back to their family farms in South Carolina. Best I can tell the locals murdered them.
I have bought and read all of Ann's books and I don't recall that. I'll do a search with your quote and Ann Coulter and see what that produces.
Nope, that did not produce anything either. Almost all the links are about a comment she made about almost all political violence being committed by the Left. I could not find anything in Wikipedia either about the 5,000 lynchings you cite.
Now, a note about "carpetbaggers" ~ anti-slavery Southerners were regularly driven out of the South long ....
Carpetbaggers were Northerners, often political appointees of the Federal government, who came to loot and ravage the defeated South. They got the name from the luggage many carried. It was made from carpet material, often from worn out carpets. Southerners who cooperated with them were called Scalawags, a common pejorative.
It sounds to me like you learned all your political history of the South in the North. I grew up in Mississippi, moved to Louisiana and now have been in Texas for 45 years. Not only have I studied the South but I have lived much of its history. I know of most of our warts and I don't try to hide them but I am not familiar with the murder or assassination of 35,000 Republicans by Democrats during the Reconstruction.
The Civil War and the Reconstruction are what made the Solid South for the Democrats. The Republicans overran and razed the South as badly as Gen. Tecumseh Sherman but that did not lead to the type of retaliation that you suggest, at least as far as I can determine. If you can lead me to a reliable source to back your statement I am ready and eager to learn.
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