Attachment K - Jeffrey Thomas Maehr
Article III courts, Common Law, and B.A.R. issues!
"The United States adopted the Common Laws of England with the Constitution." Caldwell v. Hill, 176 S.E. 383 (1934).
"Law of the Land means Common Law." Taylor v. Porter, 4 Hill. 140, 146, State v. Simon, 2 Spears, 761, 767.
In English Law. Courts established in the queen's possessions beyond the seas, with jurisdiction over maritime causes, including those relating to prize.
The United States of America is lawfully the possession of the English Crown per original commercial joint venture agreement between the colonies and the Crown, and the Constitution, which brought all the states (only) back under British ownership and rule. The American people, however, had sovereign standing in law, independent to any connection to the states or the Crown. This fact necessitated that the people be brought back, one at a time, under British Rule, and the commercial process (See Attachment N) was the method of choice in order to accomplish this task. First, through the 14th Amendment and then through the registration of our birth certificate and property. All courts in America are Vice-admiralty courts in the Crowns private commerce.
"The United States District Court is not a true United States court established under Article III of the Constitution to administer the judicial power of the United States therein conveyed. It is created by virtue of the sovereign congressional faculty, granted under Article IV, Section 3, of that instrument, of making all needful rules and regulations respecting the territory belonging to the United States. The resemblance of its jurisdiction to that of true United States courts in offering an opportunity to nonresidents of resorting to a tribunal not subject to local influence, does not change its character as a mere territorial court." [Balzac v. Porto Rico, 258 U.S. 298 at 312, 42 S.Ct. 343,66 L.Ed. 627 (1921), Chief Justice Taft, former President of the United States]
1. Definitions, Nature, and Distinctions
"The word 'territory,' when used to designate a political organization has a distinctive, fixed, and legal meaning under the political institutions of the United States, and does not necessarily include all the territorial possessions of the United States, but may include only the portions thereof which are organized and exercise governmental functions under act of congress."
"Territories' or 'territory' as including 'state' or 'states." While the term 'territories of the' United States may, under certain circumstances, include the states of the Union, as used in the federal Constitution and in ordinary acts of congress "territory" does not include a foreign state."
"As used in this title, the term 'territories' generally refers to the political subdivisions created by congress, and not within the boundaries of any of the several states." [86 C.J.S. [Corpus, Juris, Secundum, Legal Encyclopedia], "Territories, §1]
"TERRITORY. A part of a country, separated from the rest, and subject to a particular jurisdiction... In the sense it is used in the constitution of the United States, it signifies a portion of the country subject to and belonging to the United States, which is not within the boundary of any of them. 2. The constitution of the United States, art. 4, s. 3, provides, that "the congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property of the United States; and nothing in this constitution shall be construed, so as to preclude the claims of the United States or of any state." 3. Congress possesses the power to erect territorial governments within the territory of the United States; the power of congress over such territory is exclusive and universal, and their legislation is subject to no control, unless in the case of ceded territory, as far as it may be affected by stipulations in the cessions, or by the ordinance of 1787, 3 Story's L. U. S. 2073, under which any part of it has been settled. Story on the Const. Sec. 1322; Rawle on the Const: 237; 1 Kent's Corn. 243, 359; 1 Pet. S.C. Rep. 511, 542, 517. 4. The only organized territories of the United States are Oregon, Minnesota, New Mexico and Utah. Vide Courts of the United States."
[Bouvier's Law Dictionary, (1856).
It must be noted that in 1856, the above mentioned "territories" were not "states" of the union as yet. This shows that the "United States" had jurisdiction over these non-state areas, but NOT over the other states which were part of the union of unites States. Today the U.S. ONLY has jurisdiction over U.S. "Territories,' and ceded areas with the 50 states.
"Territory: A part of a country separated from the rest, and subject to a particular jurisdiction. Geographical area under the jurisdiction of another country or sovereign power.
A portion of the United States not within the limits of any state, which has not yet been admitted as a state of the Union, but is organized with a separate legislature, and with executive and judicial powers appointed by the President." [Black's Law Dictionary, Sixth Edition, page 1473.
Article III Courts are the ONLY courts having jurisdiction over sovereign individuals. Article III courts are Constitutional/Common Law Courts, yet most courts in the U.S.A. today are "Admiralty," or statutory courts, with jurisdiction ONLY over "contracted" parties, thereby ignoring constitutional issues and creating a contrary legal system which removes constitutional issues from the court's view.
There are no Judicial courts in America and there has not been since A. D. 1789. Judicial Branch Judges do not enforce Statutes and Codes. Executive Administrators enforce Statutes and Codes. There have not been any Judges in America since 1789. There have just been Administrators.
(FRC v. G.E., 281 U.S. 464; Keller v. PE. 261 U.S. 428; 1 Stat. 138-178
"Common Law. As distinguished from statutory law created by the enactment of legislatures, the common law derive their authority solely from the usages and customs of immemorial antiquity, OR from the judgments and decrees of the courts recognizing, affirming, and enforcing such usages and customs. The 'common law' is all the statutory and case law background of England and the American colonies before the American revolution. It consists of those principles, usages and rules of action applicable to government and security of persons and property which do not rest for their authority upon any express and positive declaration of the will of the legislature." Blacks Law Dictionary
14th Amendment removed all Americans from Common Law jurisdiction by de facto citizenship of the United States, vs their de jure nation/state citizenship. (See attachment B).
The flags in most courts today are evidence that they are admiralty court. This flag is flown with a yellow fringe indicating the jurisdictional authority the court is standing on...
"Pursuant to U.S.C. Chapter 1, 2, and 3; Executive Order No. 10834, August 21, 1959, 24 F.R. 6865, a military flag is a flag that resembles the regular flag of the United States, except that it has a YELLOW FRINGE, bordered on three sides. The President of the United states designates this deviation from the regular flag, by executive order, and in his capacity as COMMANDER-IN-CHIEF of the Armed forces."
A military flag is a flag that resembles the regular flag of the United States, except that it has a Yellow Fringe border on three sides - Title 4 United States Code Chapter 1, Sections 1, 2, and 3; Executive Order No. 10834, August 21, 1959, 24 C.F.R. 6865.
Use of the flag. The most general and appropriate use of the flag is as a symbol of authority and power. - National Encyclopedia, Volume IV.
The People in the United States are a conquered people...
We therefore do not look to the Constitution or political institutions of the conqueror for authority to establish a government for the territory of the enemy in his possession, during its military occupation, nor for the rules by which the powers of such government are regulated and limited. Such authority and such rules are derived directly from the laws of war. - Dooly v. U.S. , 182 U.S. 222.
"Pursuant to the "Law of the Flag,"a military flag does result in jurisdictional implication when flown. The Plaintiff cites the following: "Under what is called international law, the law of the flag, a shipowner who sends his vessel into a foreign port gives notice by his flag to all who enter into contracts with the shipmaster that he intends the law of the flag to regulate those contracts with the shipmaster that he either submit to its operation or not contract with him or his agent at all." Ruhstrat v. People, 57 N.E. 41, 45, 185 ILL. 133, 49 LRA 181, 76 AM.
"My judgment accordingly is, that policies of insurance (Social Security) are within... the admiralty and maritime jurisdiction of the United States." Federal Judge Story, in DELOVIO VS. BOIT, 7 Federal Cases, #3776, at page 444 (1815)
The two governments are: "The Republic united States of America,"flying Old
Glory and "The [district] United States of America" flying Old Glory with the
yellow fringe "The [district] United States,"gives you privileges such as
allowing you to sell or deal in Alcohol, Tobacco and fire arms and to own a
corporation. All Americans that work for the government, whether it be Federal,
State, County or City or live or work on government land such as Washington,
D.C., Guam, Samoa, Puerto Rico, the Virgin Islands and other ceded lands are
under the jurisdiction of "The [district] United States" and the Admiralty
If you are not in the jurisdiction of "The [district] United States" and the Admiralty Flag you can be EXEMPTED from the Federal Income Tax, filing, withholding, and record keeping, and most other statutory laws of the states.
"Original jurisdiction. (B) The Supreme Court shall have original but not exclusive jurisdiction of: (3) All actions or proceedings by a State against the citizens of another State or against aliens." Title 28 USC 1251 (See Attachment B).
Attorney Status in Law:
When the Several united States signed the treaty with Great Britain ending the Revolutionary War, it was a concession that ALL COMMERCE would be regulated and contracted only through British Attorneys, known as Esquires.
This condition and concession still exists today. No attorney or lawyer in the United States of America has ever been "licensed" to practice law (they've exempted themselves) as they are a legal fiction "person" and only an "ADMITTED MEMBER" to practice in the private franchise club called the BAR (which is itself an acronym for the British or Barrister Aristocratic or Accreditation Regency), as such are un-registered foreign agents, and so they are traitors. Esquires (Unconstitutional Title of honor and nobility = Esquires), foreign non-citizens (aliens) who are specifically prohibited from ever holding any elected Public Office of trust whatsoever! Article 1 Section 9, clause 8, states: "No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept any present, Emolument, Office, or Title, of any kind whatsoever, from any King, Prince, or foreign State.
As a direct result, attorneys and lawyers cannot and do not represent me in my proper birth or given name. Attorneys and lawyers re-present corporations, artificial persons, and fictions in law - ONLY, and I reject any such illegal and unconstitutional representation or jurisdiction over me, of any attorney OR Judge in these United States as presently situated!
Because of the U.S. bankruptcy, (See Attachment Z) and because my "Straw Man corporate fiction" (See Attachment N) has been pledged as an asset to the National Government's debt, this makes this Straw Man (and all Americans) DEBTORS under Chapter 11. DEBTORS in bankruptcy, having lost their solvency, have NO RIGHTS nor STANDING IN LAW and are at the mercy of the CREDITORS/ Predators to which the Debtor is prey, UNLESS REFUTED IN LAW, which I hereby do with this affidavit.
All courts today sit and operate as Non-Constitutional, Non- Article Three Legislative Tribunals administering the bankruptcy via their "statues," ("codes,"). All Courts are Title 11 Bankruptcy Courts where these statues are, in reality, "commercial obligations" being applied for the "benefit" of "privilege" of discharging debts (discharging a debt WITH a debt with limited liability ..., something illegal but provided as "privilege" under straw man color-of-law), the Federal Reserve Note being nothing more than debt and NOT real money.
A created DEBTOR, under the U.S. bankruptcy laws, has no rights in relation to Creditors. All DEBTORS have contracted away their rights (through default of not refuting this straw man status) in exchange for benefits and privileges, which places all Americans under such contracts in the jurisdiction of the U.S. Government and Creditors.
Constitutional Rights don't exist for those who have waved their RIGHTS. These RIGHTS are reduced to mere privileges which are licensed, regulated, and can be altered, amended and changed to meet whatever the particular or special needs of government are, and for whatever whim.
The FIRST 13th Amendment: Research reveals that originally, there was a different 13th Amendment...
"If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the united States, and shall be incapable of holding any office of trust or profit under them, or either of them."
(Considerable controversy surrounds this Amendment - The official position of the Federal Government is that it was never ratified - but there is more than ample evidence that shows the Amendment was properly ratified on December 9, 1812, and if not then, certainly no later than March 10, 1819.
However, our constitution still addresses this issue:
"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time: and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office." - Article I, Section 6, Paragraph 2 - Constitution for the United States of America
This provision was established to maintain the clear dividing line that had been drawn between the three branches of the government. Violation of this provision creates a direct conflict of interest because members of the BAR would be officers of the court in the Judiciary branch and members of the legislature in the Legislative branch.
This FIRST 13th Amendment was for the specific purpose of banning participation in government operations by attorneys and bankers who claimed the Title of Nobility of "Esquire." These people had joined the International Bar (British Accredited Registry) Association or the International Bankers Association and owed their allegiance to the King of England. Banning Titles of Nobility began in the Articles of Confederation, continued in two places in the Constitution, and finally was added as an Amendment to the Constitution -- an Amendment that was needed as the other bans had no teeth in them to punish those persons who chose to ignore the Constitutional Law.
This brings up jurisdiction and authority issues for any BAR attorney or Judge to be challenging or prosecuting me in any court in this country. I enter this as further evidence of jurisdictional and authoritative fraud and disavow any right or legal position for said BAR subjects to have ANY right to prosecute me as a sovereign of the United several states of America.
It also brings up possible criminal usurpation, and void court proceedings since the beginning of this cover-up.
Appended (May 9, 2006) court cases:
"Before considering each of the standing theories, it is appropriate to restate certain basic principles that limit the power of every federal court. Federal courts are not courts of general jurisdiction; they have only the power that is authorized by Article III of the Constitution and the statutes enacted by Congress pursuant thereto." Willy v. Coastal Corp., 503 U.S. 131, (1992); Bender v. Williamsport Area School District, 475 U.S. 534, 541, (1986), "which is not to be expanded by judicial decree..." American Fire & Casualty Co. V. Finn, 341 U.S. 6 (1951). "It is to be presumed that a cause lies outside this limited jurisdiction..." Turner v. President of Bank of North-America, 4 Dall. 8, 11 (1799); "the burden of establishing the contrary rests upon the party asserting jurisdiction..." McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 182-183 (1936), Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, (1994).
Further evidence of these facts can be researched in the case of United States Court of Appeals, Ninth Circuit, Appeal No. 02-15269; Paul Andrew Mitchell, v. AOL Time Warner, Inc., et al.
As a de jure national/citizen, I am NOT under district court or federal judge jurisdiction, and claim my de jure relationship in common law in ANY legal proceedings against me, to be with the Supreme Court on constitutional grounds per the Law of Nations and UCC Law.
Challenging court or other government agency jurisdiction is always open at any point in any proceedings. IRS and U.S. Federal Government jurisdiction on these and all other issues pertaining to the sovereign, Jeffrey Thomas Maehr, or ANY derivative of this name, in large or small caps is hereby challenged.
I request a criminal investigation in these issues take place by those responsible for such under Constitutional law, or be held accountable.
Jeffrey Thomas Maehr, Copyright © 2006-2008 All rights reserved.