Democracy and Communism
It is interesting to note that Karl Marx and Friedrich Engles were devoted students of Robert Owen. Communism of the Bolsheviks was nothing new. It was incubating and maturing in non-violent form right here in the (u)nited States of America almost 100 years before Russia ever knew about it.
Today communism is believed to have been defeated as the world has turned to democracy. However, is there any difference? In the case of Smith v Allwright,/5 the courts said, "the United States is a constitutional democracy." In other words, the court said the United States (as distinguished from the (u)nited States of America, a Republic) is a democracy that is allowed by the Constitution, but operating outside of it.
This court case is substantiated by the following:
"What is futile is to puzzle ourselves as to whether the American or Russian use of `democracy' is the true or correct one."/6
"... the first step in the revolution by the working class, is to raise the proletariat to the position of ruling class, to win the battle for democracy."/7
"A government of Russia could not terminate its existence either by dissolution or by merger, for it was a corporation formed under our laws, and its corporate life continued until the law of its creation declared that it should end."/8
Here we see the real meaning of democracy and its communal governing system. A democracy is the opposite of a republic. More on this latter. However remember, unknowingly you have been participating in a communal government to the loss of absolute liberty, but it can be restored!
Private Law And Public Municipal Law
Let's understand the meaning of private law versus public municipal law. Private law, also called non-positive law and local law, is a term that is used to describe the principles and regulations that an individual uses to direct his or her own life. It is also called the "law of conscience." That is, it is your personal philosophical and religious belief system that you use to control your own life and decisions. For example, if you state that you believe that abortions are not proper, then you are verbalizing a part of your private law. If you express that you believe that it is not proper for you to own a gun, then you are again expressing a part of your private law.
Private law's only area of function outside your own conscience is in the area of contracts. In other words, a person will always use his personal principles of conscience in negotiating any agreement with another individual. An example of this would be the merchant who works out a contract with a company to provide items for sale in a store he owns. His reason for contracting with this particular company is because he believes the items they manufacture should be in every household for health reasons. The merchant's personal beliefs or conscience are involved in this contract as in any contract.
Private law operates outside of the Constitution under the rights of private contract as stipulated in Article I, Section 10. Article I, in its entirety, expresses all the private law that is allowed in the operation of government of the several states of the union. Section 8 and clause 17 of this Article states that any other private law that is necessary for operation of government for the commercial benefit of the several states of the union can be legislated. It must be remembered that Article I is not entirely private law. There is some public municipal law there. This public municipal law is for the establishment of public services for private benefit, i.e., "Post Roads and Post Offices," and the Public Laws of Obligation of Contracts, etc..
It must be understood that private law, as referred to in the Constitution, operated in the private sector as a part of negotiating bilateral contracts. Private law was never meant to operate in the public sector as a basis for controlling public policy. Our founders made that very clear. In the next section on Roman civil law you will be shown how private law was made into public policy by entrapment to produce compelled performance.
Public municipal law (also referred to as positive law and general law in contrast to private law) is the expression of all the laws that limit government and maintain the separation of powers of the "states in this union."/9 Public municipal law is an expression of the people limiting government for their own personal benefit and liberty. Remember, the people are the government. What powers the people do not delegate for the administration of government are kept by them. The Public Laws are laws that assure the people of maintaining their private rights of bilateral contracts separate from any government intervention. The only time that public municipal law is used actively for private purposes, in a legal sense, is when a private right has been violated and the public municipal law is used in the court to address the wrong and correct it.
"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his own private business in his own way. His power to contract is unlimited. He owes no duty to the State or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him. He owes no such duty to the State, since he receives nothing there-from, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the State. ... He owes nothing to the public so long as he does not trespass upon their rights."/10
As early as 1782, Jefferson told Monroe that it was ridiculous to suppose that a man should surrender himself to the state. This would be slavery, and not the liberty which the Bill of Rights has made inviolable, and for the preservation of which our government has been changed.
[Changed from the Roman civil law to the Common Civil Law/11 - see section on Roman Civil Law.]
Jefferson continued and said that liberty would be destroyed anytime there is,
".... the establishment of the opinion that the state has a perpetual right to the services of all its members."/12
The term "that liberty" to which Jefferson refers is Public Law for private purposes and "that liberty" is self-evident and comes before the State and is opposite to "the Blessings of Liberty" in the preamble of the Constitution - which is commercial./13
Roman Civil Law
Those who have studied U.S. History from the traditional standpoint do not realize there is a lot more to U.S. History. There is probably more about the history of the (u)nited States of America/14 that you have not been told than what you have been told. Take for example our federal government. The provisions for setting it into operation were written into the Constitution, but its present look and function are a far cry from what our founding fathers intended. What has happened to make such a difference from the original intent? In world history, religion has always been a key center for accumulating wealth while ignorance and superstition promote religion. Religion has been used by everyone from Kingly dictators to preachers to persuade people to give up everything from gold and land to their own lives. Wealth meant power and the power to get wealth was religion. The Roman Church discovered this early and became a "storehouse" for the money and property the people were persuaded to give in exchange for limited liability - go directly to heaven instead of hell. As the people became more educated and saw what was really behind the power of religion, the Roman Church fell under greater and greater criticism. This led to the development of a banking system to handle and control church wealth and take the critical focus of the church. In a nutshell, this was how the church's influence has always figured so heavily in the administration and control of world politics. The bank learned from the church about limited liability. If you could get people to borrow money beyond their ability to pay back, you could get them to keep performing on the debt (liability) without ever demanding it back, thereby, loaning out that same credit to more than one individual or company. This meant that the bank was limiting the liability of the borrower so he was not fully responsible for the debt as long as he continued to perform by paying the interest. This way real money (gold) became credit (paper money) by loaning to more than one person. Being involved in this sort of commerce was called "private commerce." With the churches control over wealth, this private commerce became standard practice in world trade upon the sea - private international or admiralty/maritime law became known as Roman civil law as it began to figure heavily in the politics of every city and country it touched through international commerce.
Among the many things that were important to our fore-fathers, the one thing that stood out was to establish a government free of any relationship or influence of the private Roman civil law operating in and controlling public policy. It was the oppression of the Roman civil law, as the king and parliament dictated, that was at the foundation for seeking expatriation from England under the king's assumed divine right. The Roman civil law (also referred to as "admiralty-maritime law"/15 or the "law of the sea" as well as "private international law") was the result of private church law operating for commercial purposes in the public sector. The amalgamation of church law and civil government was derived from three ingredients; Greece, Rome and Christianity. The political theory derived from the first two of these ingredients was tempered to accommodate the third. Its originators and apologists were the first Christian Emperor, Constantine, and the first historian of the Christian Church, Eusebius of Caesarea. Through his writings, Eusebius had once and for all established the new way to interpret history, and his followers applied the same political philosophy for over 1000 years.
Starting with Constantine, religious belief had come to be as important, for the state, as religious practice. Constantine was, among other things, a "teacher of knowledge about God." The unity of a threatened empire was seen to depend on a unity of religious belief among its subjects. So it was that in a theocratic society it was increasingly hard to be sure where things temporal ended and things spiritual began.
"Where a necessary qualification for citizenship was Orthodoxy in religious belief, it was natural that the canons of the church councils which had defined that belief should also be the law of the land. Justinian had decreed that `the canons of the first four councils of the church ... should have the status of law. For we accept as holy writ the dogmas of those councils and guard their canons as laws.' .... But some emperors thought themselves empowered to do likewise and to legislate on ecclesiastical or even doctrinal matters. Hence there came into existence the collections known as nomocannones in which the laws of the church and the laws of the state were set down side by side and compared, though the former always precede the latter ... The nomocanones and the commentaries of the canonists advertised the fact that church and state went together. The two were interdependent and it was generally believed that the one could not exist without the other ... In the last and apparently hopeless years of the empire's existence, there were various schools of thought about what had gone wrong. By far the most prevalent explanation was that God was punishing the people for their sins. This was the favorite theme of sermons in the fourteenth and fifteenth centuries ... The only hope of salvation lay in a return to the faith and practice of the pure, unadulterated Orthodox faith ..."/16
Yes, history is being repeated even now as you read this. Guilt and self righteousness compels the alteration of public policy in more bizarre ways by the pressure of the special interest groups of the trust - and the inquisition is being repeated.
Church law first got involved with commercial ventures when the Roman Church started funding the Roman Army during the time they were fighting Greece. From there it was an easy transition to becoming directly involved in the civil government of Rome and then converting the Roman Empire, what was left of it, into their own commercial state. When the Roman Church set up their own state they became a commercial enterprise. It was from that point on that Church law, controlling civil government, became known as Roman civil law.
In simple terms, Roman civil law is a perversion of private law. That is, the conscience of private law was never meant to operate in forming public policy of government. Private law was always a part of establishing bilateral contracts and could be used in government only for setting up private commercial relations between government and corporations called "licenses." But the conscience of private law could never operate without bilateral contracts unless it was through a trust.
With the spread of commerce, the church's influence and wealth grew. Around 596 A.D., Pope Gregory began a process of moving Roman civil law into England. Up until that time it had not been a part of the English economy, but Pope Gregory was determined to have his inspiration of Roman law and economy supreme there.
He [Pope Gregory] was inspired with the idea of converting England not to Christianity, [for the British branch of the Catholic Church was already there] - but to the discipline of Rome./17
Moving Roman civil law into England was strictly using a commercial venture of the mercantile Church to take over the economy and the country and enslave its people to the private or conscience law of the Church. It was the authority and conscience of the Roman Church that dictated the Statutes, Codes and laws through the King and Parliament for controlling human behavior that resulted in the best economic and commercial advantage for the Church. Anyone who was not controlled by Roman civil law at that time was considered to be pagan. That is, if you were operating free of the Roman civil law - under the common law - you were a heathen as far as the Roman Church was concerned. It was their intent to enslave everyone possible to the Roman civil law for a commercial advantage. By the way, this Roman civil law was referred to as "Black Letter Law."/18
To see how this law is acknowledged, look up the books in which your state's Constitution and Statutes are published. What many have found is that the titles to the first volumes, that cover the Declaration of Independence and the U.S. Constitution and the state's Constitution, are printed differently than the titles to the volumes that cover the consolidated Statutes and Codes of the state. We are aware that in many states (possibly all) you will find the titles to the volumes that begin the state Statutes will be printed in black gothic letters. This confirms the fact the "black letter law" - Roman civil law - is the basis of state Statutes that dictate public municipal policy via private laws of the trust. It was this Roman civil law that had taken over all Europe and England and our founding fathers wanted nothing of it in the "commercial law system of the American states." It represented to them the most insidious form of slavery of both body and mind, that is, slavery by entrapment through one-sided or implied contracts the individual never was aware he was getting into until he was hit with compelled performance.
Thomas Jefferson expressed this disdain of Roman civil law being introduced into English common law in 1760 by Lord Mansfield./19 In fact, it was this decision that sparked the American revolution. After this date, Jefferson wanted nothing to do with the common law of England because of the way it had been polluted with Roman civil (ecclesiastical) law by Mansfield./20
In a letter to Dr. Thomas Cooper in 1814, Jefferson goes into minute detail to show how the private ecclesiastical law [Roman civil law] got mixed with the common law of England. He outlines the fact that the common law was in England 200 years before Christianity. In describing when Christianity was possibly included into the common law, Jefferson said:
"If it ever was adopted, therefore, into the common law, it must have been between the introduction of Christianity and the date of the Magna Carta. But of the law of this period we have a tolerable collection by Lambard and Wilkins, ... But none of these adopt Christianity as a part of the common law."/21
Yet the common law of England did become polluted with the compelled performance of private church law and Jefferson's understanding of the problem marked out the path for the new commercial system of the American states to be protected from the slavery of ecclesiastical authority dictating public commercial law (policy).
In truth, the alliance between Church and State in England has never made their judges accomplices in the frauds of the clergy; and even bolder than they are. For instead of being contented with these four surreptitious chapters of Exodus, they have taken the whole leap, and declared at once that the whole Bible and Testament in a lump, make a part of the common law; ... And thus they incorporate into the English code, laws made for Jews alone, and the precepts of the Gospel, intended by their benevolent Author as obligatory only for their conscience; and they arm the whole with the coercions of municipal law. In doing this, too, they have not even used the Connecticut caution of declaring, as is done in their blue laws, that the laws of God shall be the laws of their land, except where their own contradict them;/22
Unfortunately, because Jefferson saw the tyranny of private ecclesiastical law dictating public commercial policy and compelled performance, he was attacked by the "do gooders" as being a heretic. In reality, he saw so clearly the need for separation of powers and how Public Law would be vital for private use to protect individual rights of the minority. Thus he stood vehemently on the ground that private law has absolutely no place in dictating, public policy. Those who opposed his views totally missed his solid Christian principles based on liberty of conscience. "The common law protects both opinions [both his and theirs], but enacts neither into law." Those that did not thoroughly understand this were the first to promote their private conscience (religious) opinions into Public Law (policy) - the rope of compelled performance hanging us today.
"All honor to Jefferson - to the man who, in the concrete pressure of a struggle for national independence by a single people, had the coolness, forecast, and capacity to introduce into a merely revolutionary document, an abstract truth, and so to embalm it there, that today and in all coming days, it shall be a rebuke and a stumbling block to the very harbingers of reappearing tyranny and oppression."/23
One of the most important aspects of the common law before 1760 was that it did not recognize unilateral contracts where there was no full disclosure and no meeting of the minds. The right to the private law of contracting was basic to the common law. However, those common law contracts always meant that all parties involved understood all the facts and clauses and all parties had to agree by endorsement in order for the contract to be valid. Everything was spelled out. No hidden implications or strings attached.
Roman civil law relies entirely on unilateral or implied contracts. This is where one party agrees by the simple act of accepting a benefit(s) the civil government has to offer. In other words, the individual has something offered to him that he accepts - usually an economic or mercantile benefit. The act of acceptance, with or without a signature of acceptance, comes with strings of compelled performance attached. This is because the very act of voluntary acceptance (by your silence) implied your endorsement. The implied endorsement creates a constructive trust/24 arrangement with the civil government for your assumed benefit. This means the trust becomes the third party who can dictate the Statutes, Codes and laws by its legislature and we are compelled to align our lives with them, because of our silent volunteering. After accepting some benefit under Roman civil law and you discover the hidden strings that you do not like, too bad, you are bound to perform or suffer the consequence of those holding the strings. If you wrong the trust that you are involved with, you are assumed guilty and the burden of proof is up to you to clear yourself. Your job, under the Roman civil law, is to jump even when you didn't have to. Their job - the civil administrator and their courts - is to tell you how high. The Roman civil law is a perversion of private conscience law because it is placing the private conscience of one or a few over the private consciences of the masses. And it is done without full disclosure of bilateral contracts. This allows government to always become a superior entity to the citizen by binding him in constructive trust arrangements. This is why there is no separation of power, only one power and that is government. The people are subservient because they are involved in a constructive trust that controls their conscience and they are not even aware of it.
Take a look at the illustration of "The Great Seal Of The State Of California." This seal is a dramatic representation of how the Roman civil law is the basis of the franchise of the "several states of the union" granted by the people of the Republic. Each state has its own corporate seal and most use much of the same symbolism. Remember, under Roman civil law the corporate state is a diocese of the National Church of the 14th Amendment trust.
Note first the seal contains a woman seated on a rock wearing a Roman military uniform holding both a shield and spear. This woman is the Goddess Minerva/25 from Roman mythology. This represents the authority of the Roman civil law founded on the rock (church) of private law of the woman (or law of changing conscience or "e-motion" that is not absolute law), the mother of all private law. The shield itself has the indications of Roman symbols denoting further private authority in the public sector. Across the top are 31 stars that represent the 31 states in existence at the time California was incorporated as a state. This also shows the relationship with the other "several states of the union" who also based their civil law from the Roman law. The word: "eureka" means: "I've found it." It was an expression that has been said to have originated with Archimedes, a Greek mathematician and physicist. He used the expression when he discovered a method of detecting the amount of alloy mixed with the gold in the crown of the king of Syracuse. Archimedes also invented the Archimedean screw or "water snail" which, when rotated, would move water uphill. Because of the symbolism of the seal, it most likely represents the moving of the law of the sea [admiralty/maritime law] uphill and over to dominate the substance of the law we know as the land. Also it could be saying the same thing by expressing the fact that the substance of absolute law - gold/real property - is taken over by the emotion of private law. Note also the sailing ships in the water. This represents the law of the sea [admiralty/maritime law] as the vehicle for private commercial Roman civil law in the state. In the left lower area of the seal is a miner digging and behind him is a sluice box. This represents the labor and industrial control by the private Roman civil law. There is also grain in the foreground as a symbol of the control of the land and its substance called "food." The bear represents the fact that the Republic is still there - the California Republic is called the "Bear Republic."
Continued..