ON
APRIL 5, 1933, then president Franklin Delano Roosevelt, under
Executive Order, issued April 5, 1933, declared: "All persons
are required to deliver ON OR BEFORE MAY 1, 1933 all GOLD COIN, GOLD
BULLION, AND GOLD CERTIFICATES now owned by them to a Federal Reserve
Bank, branch or agency, or to any member bank of the Federal Reserve
System."
James
A. Farley, Postmaster General at that time, required each postmaster
in the country to post a copy of the Executive Order in a conspicuous
place within each branch of the Post Office. On the bottom of the
posting was the following:
CRIMINAL
PENALTIES FOR VIOLATION OF EXECUTIVE ORDER $10, 000 fine or 10 years
imprisonment, or both, as provided in Section 9 of the order
Section
9 of the order reads as follows: “Whosoever willfully violates any
provisions of this Executive Order or of these regulations or of any
rule, regulation or license issued thereunder may be fined not more
than $10,000, or if a natural person, may be imprisoned for not more
than 10 years, or both; and any officer, director or agency of any
corporation who knowingly participates in any such violation may be
punished by a like fine, imprisonment, or both.
NOTE:
Stated within a written document received September 17, 1997, from
the U.S. Department of Justice, Office of Legal Counsel, Office of
the Deputy Assistant Attorney General, Richard L. Shiffin, in
response to a FOIA, was the following:
"A
fact that is frequently overlooked is that Executive orders and
proclamations of the President normally have no direct effect upon
private persons or their property, and instead, normally constitute
only directives or instructions to officers or employees of the
Federal Government.
The
exception is those cases in which the President is expressly
authorized or required by laws enacted by the Congress to issue an
Executive order or proclamation dealing with the legal rights or
obligations of members of the public. Such as issuance of Selective
Service Regulations, establishment of boards to investigate certain
labor disputes, and establishment of quotas or fees with respect to
certain imports into this country."
NOTE:
IT SEEMS RATHER OBVIOUS THAT PRESIDENT FRANKLIN D. ROOSEVELT WAS NOT
"EXPRESSLY AUTHORIZED OR REQUIRED” TO "ISSUE AN EXECUTIVE
ORDER OR PROCLAMATION" DEMANDING THE PUBLIC (PRIVATE) TO
RELINQUISH THEIR PRIVATELY HELD GOLD.
The
order (proclamation) issued by Roosevelt was an undisciplined act of
treason. Two months AFTER the Executive Order, on June 5, 1933, the
Senate and House of Representatives, 73d Congress, 1st session, at
4:30 p.m. approve House Joint Resolution (HJR) 192: Joint Resolution
To Suspend The Gold Standard And Abrogate The Gold Clause, Joint
resolution to assure uniform value to the coins and currencies of the
United States.
HJR-192
states, in part, that "[E]very provision contained in or made
with respect to any obligation which purports to give the obligee a
right to require payment in gold or a particular kind of coin or
currency, or in any amount of money of the United States measured
thereby, is declared to be against public policy, and no such
provision shall be contained in or made with respect to any
obligation hereafter incurred. Every obligation, heretofore or
hereafter incurred, whether or not any such provisions is contained
therein or made with respect thereto, shall be discharged upon
payment, dollar for dollar, in any such coin or currency which at the
time of payment is legal tender for public and private debts."
HJR-192
goes on to state: "As used in this resolution, the term
‘obligation’ means an obligation (including every obligation of
and to the United States, excepting currency) payable in money of the
United States; and the term ‘coin or currency’ means coin or
currency of the United States, including Federal Reserve notes and
circulating notes of Federal Reserve banks and national banking
associations."
HJR-192
superseded Public Law (what passes as law today is only "color
of law”), replacing it with public policy. This eliminated our
ability to PAY our debts, allowing only for their DISCHARGE. When we
use any commercial paper (checks, drafts, warrants, federal reserve
notes, etc.), and accept it as money, we simply pass the unpaid debt
attached to the paper on to others, by way of our purchases and
transactions. This unpaid debt, under public policy, now carries a
public liability for its collection. In other words, all debt is now
public.
The
United States government, in order to provide necessary goods and
services, created a commercial bond (promissory note), by pledging
the property, labor, life and body of its citizens, as payment for
the debt (bankruptcy). This commercial bond made chattel (property)
out of every man, woman and child in the United
States.
We became nothing more than "human resources" and
collateral for the debt. This was without our knowledge and/or our
consent. How? It was done through the filing (registration) of our
birth certificates!
The
United States government -actually the elected and appointed
administrators of government -took (and still do, to this day)
certified copies of all our birth certificates and placed them in the
United States Department of Commerce ... as registered securities.
These securities, each of which carries an estimated $1,000,000 (one
million) dollar value, have been (and still are) circulated around
the world as collateral for loans, entries on the asset side of
ledgers, etc., just like any other security. There's just one
problem, we didn't authorize it.
The
United States is a District of Columbia corporation. In Volume 20:
Corpus Juris Sec. § 1785 we find "The United States government
is a foreign corporation with respect to a State" (see: NY re:
Merriam 36 N.E. 505 1441 S. 0.1973, 14 L. Ed. 287). Since a
corporation is a fictitious "person" (it can not speak,
see, touch, smell, etc.), it can not, by itself, function in the real
world. It needs a conduit, a transmitting utility, a liaison of some
sort, to "connect" the fictional person, and fictional
world in which it exists, to the real world. Why is this important?
LIVING
people, exist in a real world, not a fictional, virtual world. But
government does exist in a fictional world, and can only deal
directly with other fictional or virtual persons, agencies, states,
etc.. In order for a fictional person to deal with real people there
must be a connection, a liaison, a go-between. This can be something
as simple as a contract.
When
both "persons," the real and the fictional, agree to the
terms of a contract, there is a connection, intercourse, dealings,
there is a communication, an exchange. There is business!
But
there is another way for fictional government to deal with the real
man and woman: through the use of a representative, a liaison, the
go-between. Who is this go-between, this liaison that connects
fictional government to real men and women? It's a government created
shadow, a fictional man or woman ... with the same name as ours.
This
PERSON was created by using our birth certificates as the MCO
(manufacturer's certificate of origin) and the state in which we were
born as the "port of entry." This gave fictional government
a fictional PERSON with whom to deal directly. This PERSON is a
strawman.
STRAMINEUS HOMO: Latin: A man of straw, one of no substance, put
forward as bail or surety. This definition comes from Black's Law
Dictionary, 6th. Edition, page 1421. Following the definition of
STRAMINEUS HOMO in Black's we find the next word, Strawman.
STRAWMAN:
A front, a third party who is put up in name only to take part in a
transaction. Nominal party to a transaction; one who acts as an agent
for another for the purposes of taking title to real property and
executing whatever documents and instruments the principal may
direct. Person who purchases property for another to conceal identity
of real purchaser or to accomplish some purpose otherwise not
allowed.
Webster's
Ninth New Collegiate Dictionary defines the term "strawman"
as:
1: a
weak or imaginary opposition set up only to be easily confuted 2: a
person set up to serve as a cover for a usually questionable
transaction.
The
Strawman can be summed up as an imaginary, passive stand-in for the
real participant; a front; a blind; a person regarded as a nonentity.
The Strawman is a "shadow," a go-between.
For
quite some time a rather large number of people in this country have
known that a man or woman's name, written in ALL CAPS, or last name
first, does not identify real, living people. Taking this one step
further, the rules of grammar for the English language have no
provisions for the abbreviation of people's names, i.e. initials are
not to be used.
As
an example, John Adam Smith is correct. ANYTHING else is not correct.
Not Smith, John Adam or Smith, John A. or J. Smith or J. A. Smith or
JOHN ADAM SMITH or SMITH, JOHN or any other variation. NOTHING, other
than John Adam Smith identifies the real, living man. All other
appellations identify either a deceased man or a fictitious man: such
as a corporation or a STRAWMAN.
Over
the years government, through its "public" school system,
has managed to pull the wool over our eyes and keep us ignorant of
some very important facts. Because all facets of the media (print,
radio, television) have an ever-increasing influence in our lives,
and because media is controlled (with the issuance of licenses, etc.)
by government and its agencies, we have slowly and systematically
been
led to believe that any form/appellation of our names is, in fact,
still us: as long as the spelling is correct. WRONG!
We
were never told, with full and open disclosure, what our government
officials were planning to do ... and why.
We
were never told that government (the United States) was a
corporation, a fictitious "person."
We
were never told that government had quietly, almost secretly, created
a shadow, a STRAWMAN for each and every AMERICAN . . . so that
government could not only "control" the people, but also
raise an almost unlimited amount of revenue - so it could continue
... not just to exist, but to GROW.
We
were never told that when government deals with the STRAWMAN it is
not dealing with real, living, men and women.
We
were never told, openly and clearly with full disclosure of all the
facts, that since June 5, 1933, we have been unable to pay our debts.
We
were never told that we had been pledged (and our children, and their
children, and their children, and on and on) as collateral, mere
chattel, for the debt created by government officials who committed
treason in doing so.
We
were never told that they quietly and cleverly changed the rules,
even the game itself, and that the world we perceive as real is in
fact fictional -and it's all for their benefit.
We
were never told that the STRAWMAN -a fictional person, a creature of
the state -is subject to all the codes, statutes, rules, regulations,
ordinances, etc. decreed by government, but that WE, the real man and
woman, are not.
We
were never told we were being treated as property, as slaves (albeit
comfortably for some), while living in the land of the free -and that
we could, easily, walk away from the fraud. WE WERE NEVER TOLD WE
WERE BEING ABUSED!
How
does that make YOU feel?
There's
something else you should know: Everything, since June 1933, operates
in COMMERCE! Why is this important?
Commerce
is based on agreement, contract. Government has an implied agreement
with the Strawman (government's creation) and the Strawman is subject
to government rule, as we illustrated above. But when we, the real
flesh and blood man and woman, step into their "process" we
become the "surety" for the fictional Strawman. Reality and
fiction are reversed. We then become liable for the debts,
liabilities and obligations of the Strawman, relinquishing our real
(protected) character as we stand up for the fictional Strawman.
So
that we can once again place the Strawman in the fictional world and
ourselves in the real world (with all our "shields" in
place against fictional government) we must send a nonnegotiable
(private) "Charge Back" and a nonnegotiable "Bill of
Exchange" to the United States Secretary of Treasury, along with
a copy of our birth certificate, the evidence, the MCO, of the
Strawman. By doing this we discharge our portion of the public debt,
releasing us, the real man, from the debts, liabilities and
obligations of the Strawman. Those debts, liabilities and obligations
exist in the fictional commercial world of "book entries,"
on computers and/or in paper ledgers. It is a world of "digits"
and "notes," not of money and substance. Property of the
real man once again becomes tax exempt and free from levy, as it must
be in accord with HJR-192.
Sending
the nonnegotiable Charge Back and Bill of Exchange accesses our
Treasury Direct Account (TDA). What is our TDA? Let's go to Title 26
USC and take a look at section 163(h)(3)(B)(ii), $1,000,000
limitation:
"The
aggregate amount treated as acquisition indebtedness for any period
shall not exceed $1,000,000 ($500,000 in the case of a married
individual filing a separate return). "
This
$1,000,000 (one million) account is for the Strawman, the fictional
"person" with the name in all caps and/or last name first.
It is there for the purpose of making book entries, to move figures,
"digits" from one side of ledgers to the other. Without
constant movement a shark will die and quite ironically, like the
shark, there must also be constant movement in commerce, or it too
will die. Figures, digits, the entries in ledgers must move from
asset side to debit side and back again, or commerce dies. No
movement, no commerce.
The
fictional persona of government can only function in a fictional
commercial world, one where there is no real money, only fictional
funds ... mere entries, figures, digits.
A
presentment from fictional government -from traffic citation to
criminal charges -is a negative, commercial "claim" against
the Strawman. This "claim" takes place in the commercial,
fictional world of government. "Digits" move from one side
of your Strawman account to the other, or to a different account.
This is today's commerce.
In
the past we have addressed these "claims" by fighting them
in court, with one "legal process" or another, and failed.
We have played the futile, legalistic, dog- and-pony show -a very
clever distraction -while the commerce game played on.
But
what if we refused to play dog-and-pony, and played the commerce game
instead? What if we learned how to control the flow and movement of
entries, figures and digits, for our own benefit? Is that possible?
And if so, how? How can the real man in the real world, function in
the fictional world in which the commerce game exists?
When
in commerce do as commerce does, use the Uniform Commercial Code
(UCC). The UCC-1 Financing Statement is the one contract in the world
that can NOT be broken and it's the foundation of the Accepted For
Value process. The power of this document is awesome.
Since
the TDA exists for the Strawman -who, until now, has been controlled
by government -WE can gain control (and ownership) of the Strawman by
first activating the TDA and then filing a UCC-1 Financing Statement.
This does two things for us.
First,
by activating the TDA we gain limited control over the funds in the
account. This allows US to also move entries, figures and digits ...
for OUR benefit.
Secondly,
by properly filing a UCC-1 Financing Statement we can become the
holder in due course of the Strawman. This gives us virtual ownership
of the government created entity. So what? What does it all mean?
Remember
earlier we mentioned that a presentment from government or one of its
agents or agencies was a negative commercial claim against the
Strawman (and the Strawman’s account, the TDA)? Remember we told
you entries, figures and digits
moved
from one side of the account to the other, or to a different account?
Well now, with the Strawman under our control, government has no
access to the TDA and they also lose their go-between, their liaison,
their "connection" to the real, living man and woman.
From
now on, when presented with a "claim" (presentment) from
government, we will agree with it (this removes the “controversy”)
and we will ACCEPT IT FOR VALUE. By doing this we remove the negative
claim against our account and become the "holder in due course"
of the presentment. As holder in due course you can require the sworn
testimony of the presenter of the "claim" (under penalty of
perjury) and request the account be properly adjusted.
It's
all business, a commercial undertaking, and the basic procedure is
not complicated. In fact, it's fairly simple. We just have to
remember a few things, like: this is not a "legal"
procedure -we're not playing dog-and-pony. This is commerce, and we
play by the rules of commerce. We accept the "claim,"
become the holder in due course, and challenge whether or not the
presenter of the claim had/has the proper authority (the Order) to
make the claim (debit our account) in the first place. When they
cannot produce the Order (they never can, it was never issued) we
request the account be properly adjusted (the charge, the "claim
" goes away).
If
they don't adjust the account a request is made for the bookkeeping
records showing where the funds in question were assigned. This is
done by requesting the Fiduciary Tax Estimate and the Fiduciary Tax
Return for this claim. Since the claim has been accepted for value
and is prepaid, and our TDA account is exempt from levy, the request
for the Fiduciary Tax Estimate and the Fiduciary Tax Return is valid
because the information is necessary in determining who is delinquent
and/or making claims on the account. If there is no record of the
Fiduciary Tax Estimate and the Fiduciary Tax Return, we then request
the individual tax estimates and individual tax returns to determine
if there is any delinquency.
If
we receive no favorable response to the above requests, we will then
file a currency report on the amount claimed/assessed against our
account and begin the commercial process that will force them to
either do what's required or lose everything they own -except for the
clothing they are wearing at the time.
This
is the power of contracts (commerce) and it should be mentioned, at
least this one time, that a contract overrides the Constitution, the
Bill of Rights, and any other document other than another contract.
We should also mention that no process of law -"color" of
law under present codes, statutes, rules, regulations,
ordinances,
etc. - can operate upon you, no agent and/or agency of government
(including courts) can gain jurisdiction over you, WITHOUT YOUR
CONSENT. You, (we) are not within their fictional commercial venue.
The
Accepted For Value process, however, gives us the ability to deal
with "them" -through the use of our transmitting
utility/go-between, the Strawman -and hold them accountable in their
own commercial world, for any action(s) they attempt to take against
us. Without a proper Order, and now we know they're not in possession
of such a document, they must leave us alone ... or pay the
consequences.
Yes,
this process IS powerful.
Yes,
it CAN set us free from government oppression and control.
But
remember: "What goes around, comes around." "Do unto
others, as you have others do unto you."
It's
simple, folks, DO NOT ABUSE THIS PROCESS ... if you do it could come
around and bite you.
Link
to this webpage:
http://web.archive.org/web/20060407062015/http://www.worldnewsstand.net/...
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This
book has been called by many "the best complete basic
instruction manual concerning this process." It gives a complete
view of the process by itself or can be used as a supplement to any
other material on the subject. People have commented that reading
this book made understanding some of the more exceedingly complicated
(and exceeding expensive) manuals more understandable. The Commerce
Game EXPOSED cuts to the chase. We give you the details of the basic
process (as used in IRS matters) and explain the process step by
step. There is a detailed overview that explains how the fiat
credit/debt system depreciating your labor, property and value today
systematically replaced America's lawful money guidelines. Do you
know what the difference between "paying" a debt and
"discharging" a debt is? After reading The Commerce Game
EXPOSED you will.
This
book is not for everyone, but we feel that whether you will be
learning about this process and the situation concerning the monetary
system just for learning's sake or you plan to utilize the concepts
in a practical way you will not be disappointed.
The
Commerce Game EXPOSED is only $25. US +$2 S&H ($27. Total)
The
American Way c/o 6500 Shadow Glenn Eagle Point, Oregon [ 97524 ]
PHONE:
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--------------------------------------------------------------------------------
An
Article The Commerce Game EXPOSED by The American Voice Published in
the July 1999 issue Volume II - Issue 7
What
if one day a handful of powerful bankers, armed with their bought and
paid for lawyers and politicians, decided to replace the system of
commerce the way was presently conducted? Not so bad, you may say.
Everyone simply adjusts to a different system and business moves on.
I would normally agree. However, what if only a very small number
were told about the change? What if the vast majority were first
distracted from the change and then systematically "educated"
into believing that no change had even occurred? That might not have
been so bad either…if those in control truly had the vast
majority’s best interests at heart…or even in view. Of course if
they had deliberately and systematically kept the vast majority
ignorant, and unable to learn otherwise, it would then seem "our
best interests" were not being considered. The underlying reason
for this is very simple: royalty, by blood or by power, needs slaves
to exist.
A
man can be enslaved by many different means. Thoughout time, the
powers that be have developed a well balanced formula of high-profit,
low-maintenance slavery. Although there are many different elements
to this ‘formula,’ ignorance is the key. What better slave than
one who believes he is actually free?
In
1933 the system of doing business in this country was changed. Before
that, time debts were paid by gold: either coin or gold backed
currency. To introduce gold into commerce, it must first be mined.
Mining requires labor. That labor is what gave gold coin it’s
intrinsic value. Labor is energy. The value of gold was fixed, it was
not a fluctuating commodity as it is today.
Then
a financial ‘emergency’ occurred – either caused by the simple
greed and corruption of the banking/investment moguls or, by their
design, for larger purposes. It is important to realize that this is
the time period in which the welfare state was instituted, socialism
was integrated into America, and a large shift in wealth occurred.
Many, many individuals became very, very wealthy as a result of the
"financial emergency."
On
April 5, 1933, President Roosevelt issued an Executive Order
"forbidding the hoarding of gold coin, gold bullion and gold
certificates" and attached the penalty of a $10,000 fine or up
to 10 years in prison. "Hoarding" was defined as more than
$100 in gold. Then on June 5, 1933, the 73rd Congress, 1st session,
passed H.J.R. 192, which stated within its title "...to suspend
the gold standard and abrogate the gold clause."
At
this time I feel it important to include the definition of
"abrogate," as found within Black’s Law Dictionary, 4th
edition, p. 21: "To annul, repeal, or destroy; to annul or
repeal an order or rule issued by a subordinate authority; to repeal
a former law by legislative act, or by usage."
Is
the Constitution, the creator of Congress, a subordinate authority to
Congress? Is the Creator subordinate to the creation? Of course not.
So, by what authority did Congress "abrogate" the gold
clause contained within the Constitution?
The
answer is, they had no authority. They were criminals. Roosevelt was
a criminal and every Congress and President that has abided by, and
concealed the above mentioned treasonous act since then, is a
criminal as well.
The
foreign, un-authorized, system we currently live under is only a fact
"by usage." We are no longer a nation of Laws. We are a
system of commerce. Commerce is always conducted by agreement. In
1933, when the authorized standard of money was abrogated, which
carried the fixed value representative of the energy/labor expended
by natural men, the natural man lost his ability to pay his debts. If
it is impossible to pay a debt one cannot be
authorized
to create a debt. How, then, could commerce continue, given a
situation where no man could create or pay a debt?
Energy/labor
is real. Natural man is real. But the Monetary system we have
recognized "as" real, is not. What "real" thing
backs the U.S. dollar’s value? What intrinsic value does it have…or
even represent? Some of you may think that it is the gross national
product. You are wrong.
"It
is the confidence people have that they will be able to exchange such
money for other financial assets and for real goods and services
whenever they choose to do so." Modern Money Mechanics*, Federal
Reserve Bank of Chicago. "Intrinsically, a dollar bill is just a
piece of paper, deposits merely book entries." Modern Money
Mechanics*, Federal Reserve Bank of Chicago.
Nothing
of real value backs the dollar, and it has no real intrinsic value.
You
may think that the money is created by the government, at the
Treasury. Again, you are wrong.
"The
actual process of money creation takes place primarily in banks…
bankers discovered that they could make loans merely by giving their
promise to pay, or bank notes, to borrowers. In this way banks began
to create money…Transaction deposits are the modern counterpart of
bank notes. It was a small step from printing notes to making book
entries crediting deposits of borrowers, which the borrowers in turn
could "spend" by writing checks, thereby "printing"
their own money." Modern Money Mechanics*, Federal Reserve Bank
of Chicago.
The
whole visible system is based on "promises to pay" and the
"confidence" in those promises. In reality, it is all just
bookkeeping. No intrinsic value…only movement. The credits and
debits must continue to move. This movement represents the transfer
of energy. That is commerce. Or, it could be the board-game Monopoly.
As long as there is movement, the game continues. When one player
gets it all, or no one can move, the game ends.
In
1933 one game ended and another began. Now there were new pieces in
the game. The rules were changed. But only those who had been
notified of the change knew there were new pieces, and knew they
could move them themselves. The rest of us were led to believe that
our pieces were still the same, but would be moved by someone more
qualified, and for our benefit.
Has
it been good for us? Just as we need a game piece to play the
board-game of Monopoly, we also need a game piece to play the game of
commerce: and in commerce our "game piece" is called a
strawman. We are the players, remember? The players have no real
money, so they cannot create any real debt. It is important we
remember this.
There
has been a lot of research into the meanings of various form and
representations of a man’s name. All the research shows that when a
man’s name is in all capital letters or with the last name first,
first name last, it is not a correct representation of the man. This
is old news. But the utilization of this information, attempted in
various procedures, has proven not to have been particularly
successful – even though the information is correct.
The
all capitalized version of your name is not you, it is your strawman.
It is your game piece. This fictional man was created in order for
you to take part, become involved, in the game of commerce.
A
natural man is real. Gold is the real representation of labor. Labor
is energy and the transfer of energy is commerce.
The
strawman is not real. The commerce system which is in place now
depends upon the movement of fictional credits and debits for the
transfer of energy. This movement has no substance.
The
old system (prior to 1933) depended upon the reality of men
exchanging energy in the form of their labor, which is their
property.
The
new system, the system we live with today, depends upon the
non-reality of promises, confidence and the movement of book entries.
One
is real - one is fiction. The two cannot mix. We are real. The
monetary/commerce system is fiction. Since the two cannot mix, the
real and the fiction, something had to be done. The strawman was
created. Birth certificates, issued by the State, certified the
strawman’s birth and became a "certificate of title."
In
1933 all the States pledged full faith and credit to the United
States. The "birth certificate" is held in the office of
vital statistics within the jurisdiction in which the "port of
entry" you entered this country at is located and at the U.S.
Department
of
Commerce. This birth certificate, "manufacturer’s certificate
of origin" (MCO), is the creation of your game piece.
Now,
an account must be created for the strawman, to enable the transfer
of credits and debits. An account needs a number, let’s say
123-45-6789. Look familiar? But this account does not operate like a
regular bank account…so don’t even try. By the way, how much
"money" do you start a Monopoly game with?
Resources
are used as collateral for the debt. Therefore, the value placed on a
resource also applies to the collateral. People are openly referred
to by government as "human resources." Now we can begin to
understand why the government treats people as a farmer treats his
livestock. The herd is used as collateral to back the debt created by
the farmer, when he bought the grain to feed the heard in the first
place. However, one must be the holder in due course of a resource,
in order to use it as collateral. This is why a birth certificate is
like a note, stock or title.
If
you do not act on your own behalf, and take care of your own affairs,
it is often presumed you are not competent to do so. When one is
deemed incompetent, a fiduciary is then assigned: to administer to
his affairs. Someone else acts for him. Have you ever been asked to
play a game that was new to you (one which you did not know how to
play) just because the game needed another player? Under those
circumstances someone usually says, "I’ll play your move for
you, you can just watch." Right?
During
a war, civilian casualties are referred to as "collateral
damage." Isn’t that an interesting term? Collateral? The
people are collateral? How many of you think that’s just a
coincidence? You see, we are already in the game, and our game piece
(strawman) is on the board. Isn’t it time we learned how to play?
There
is now a process that shows you how to operate your strawman, and the
strawman account, for your own benefit. This process is relatively
simple and it may not seem like a big deal to you now. But I am
looking at three IRS "Certificate of Release of Federal Tax
Lien" documents, totaling over $15,000.00, that were released in
response to the above mentioned process. I have also been told of
many other circumstances, concerning many different debt situations,
that have had the same result. In five years of study, this is the
first process I have seen where there is actual evidence that it is
really working. Although there are a few different names attached to
this process, "Redemption," "Accepted For Value,"
etc. they all address the same subject. . .that is, accessing and
using the strawman to make your life a
little
more enjoyable, a lot less complicated, and more in line with what
God probably had in mind when He created us in the first place.
The
point of this article is to start you thinking, so that you’ll have
questions and, hopefully, seek out some answers. The process we are
referring to is not to be taken lightly. It is not a "get-rich-quick"
scheme. What this process is – based on the research,
implementation of the facts discovered and the results that followed
– is the way commercial business is conducted: nationwide. But this
knowledge, these procedures, have been kept from "we the people"
– we the "collateral." Now it’s being exposed, and
finally we can free ourselves, and our game piece (strawman), from
the control and manipulation of government. We have learned the rules
of the game.
The
American Voice is making an instruction manual available. This manual
will be complete, from start to finish. It will not be necessary for
you to buy additional information in order to start and complete the
process. Nothing else to buy, in order to put this information to
real use. The manual is available from The American Voice for $25.00,
+$2 S&H. ($27. Total)
PHONE:
(541) 826-9050 FAX: (810) 885-1842
FOOTNOTE:
*
Modern Money Mechanics Public Information Center Federal Reserve Bank
of Chicago P.O. Box 834 Chicago, IL 60690-0834 (312) 322-5111
Webpage:
http://web.archive.org/web/20060223165315/www.worldnewsstand.net/money/E...
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The
Application of Commercial Law
PURPOSE:
To find out what group you are in
Provides a brief summary on the differences in bodies of law by
definition More definitions regarding titles, property and possession
Gives an overall view on how to get back control of your universe
Explains how to make the UCC-1 contract and how to properly file it
Explains how to establish own private treaty with the world
FINAL
PRODUCT: The ability to control one’s body and one’s property
Hierarchy
of Law
The
first order of law is Natural Law. These are Universal Principals
which so necessarily agrees with nature and state of man, that
without observing their inherent maxims, the peace and happiness of
society can never be preserved. Knowledge of natural laws may be
attained merely by the light of reason, from the facts of their
essential agreeableness with the constitution of human nature.
Natural Law exists regardless of whether it is enacted as positive
law.
When
law began to emerge into human consciences, thought, word and deed we
come to the next order of law on this planet. The most fundamental
law of all human law has to do with survival which is a Universal
Principal. It has to do with human interactions, of any kind, any
relationships, buying, selling or trading or relating in any way. It
is based upon treating or dealing with others the way that you would
like to be treated or dealt with. This is the Law of Commerce. The
Law of Commerce has been in operation since man interacted with each
other starting many thousands of years ago through the
Sumerian/Babylonian era where it was codified and enforced. Ancient
artifacts dating over 6,000 old reveal that the system was so complex
it even included reciepts, coined money, shopping lists, manifestos
and a postal system with the medium being in baked clay.
As a
derivative of Commercial law, being removed from natural law, and
therefore inferior, is Common Law (common [L co together + munis
service, gift, exchange] to exchange together). This emerged,
basically, in England out of disputes over a portion of the earth in
allodium (sovereign ownership of land) and was based on "common"
sense. So, common law is the law of the earth. Common law gave rise
to the jury system and many writs and processes which governments
have absorbed and statutized and made into rules and regulation
processes in courts.
Common
Law procedures were based on the opportunity "to face your
accuser or the injured party" in front of witnesses to sort out
the problem directly. This
process
was never intended to include "lawyers, attorneys or judges
construing their own law", as these "titles" are all
based upon the fiction of "representation" which can never
"be the real thing".
After
common law come governments, and their laws and legislative
regulations, ad infinitum of the organic republics of the states. The
only "laws" that the state can create is to "allow
commerce to flow more efficiently WITHIN the state". The only
"law" the central government, united States of America,
could create was to "allow commerce to flow more efficiently
BETWEEN the states. " It was never intended to regulate people –
the soverans.
Below
that, the "garbage froth," more or less, is politics and
the private copyrighted company policy of foreign corporations such
as UNITED STATES, THE STATE OF…, THE COUNTY OF…, THE CITY OF…,
etc. The purpose of these "municipalities" [L munus
service, gift, exchange + capere to take; to take service and
exchange] is to "govern" fictitious entities such as JOHN
DOE and K- MART – not to regulate people. Remember back when you
thought that YOU were JOHN DOE because that is how it is written on
your drivers license?
One
of our problems is that when we engage with government,
municipalities and other such elements, in all our dealings in the
law when have been conditioned to interact on and in THEIR level. We
have never risen to the level where the base of law is, where the
reality, the power, the solidity and the pre-eminence exists - THE
SOVERANS LEVEL. But now, we can function in this powerful level. This
is Check mate. This is the end of the game. THIS IS THE REMEDY.
Commerce
The
principles, maxims and precepts of Commerce Law are eternal,
unchanging and unchangeable. They are expressed in the Bible, both
the Old Testament and the New. We learned in the second course how
the law of commerce has plagued us for more than 6000 years. This law
of commerce, unchanged for thousands of years, forms the underlying
foundation for all law on this planet and for governments around the
world. It is the law of Nations and everything that human
civilization is built upon. This is why it is so powerful. When you
operate at this level, by these precepts, nothing that is of inferior
statute can overturn or change it or abrogate it or meddle with it.
It remains the fundamental source of authority and power and
functional reality.
The
Affidavit
Commerce in everyday life is the vehicle or glue that holds, or
binds, the corporate body politic together. More specifically,
commerce consists of a mode of interacting, doing business, or
resolving disputes whereby all matters are executed under oath,
certified on each patty's commercial liability by sworn affidavit, or
what is intended to possess the same effect, as true, correct, and
complete, not misleading, the truth, the whole truth and nothing but
the truth.
This
affidavit is usually required for an application for a driver's
license, and IRS form 1040, a voters registration, a direct Treasury
Account, a Notary's "Copy Certification" or certifying a
document, and on nearly every single document that the system desires
others to be bound or obligated. Such means of signing is an oath, or
Commercial Affidavit, executed under penalty of perjury, "true.
Correct, and complete". Whereas in a court setting testimony
(oral) is stated in judicial terms by being sworn to be "the
truth, the whole truth, and nothing but the truth, so help me God."
In
addition to asserting all matters under solemn oath of personal,
commercial, financial, and legal liability for the validity of each
and every statement, the participant must provide material evidence,
i.e. ledgering, or bookkeeping, providing the truth, validity,
relevance, and verifiably of each and every particular assertion to
sustain credibility. Commerce is antecedent to and more fundamental
to society that courts or legal systems, and exists and functions
without respect to courts or legal systems. Commercial Law, the
non-statutorily variety as presented below in maxims 1 through 10, is
the economic extension of Natural Law into man's social world and is
universal in nature. The foundational, invariant, necessary, and
sufficient principles or "Maxims of Commerce" pertaining
herein are:
Maxims
of Law
There
are ten essential maxims or precepts in commercial law.
1.
WORKMAN IS WORTHY OF HIS HIRE. The first of these is expressed in
Exodus 20:15; Lev. 19:13; Mat. 10:10; Luke 10"7; II Tim. 2:6.
Legal maxim: "It is against equity for freemen not to have the
free disposal of their own property."
2.
The second maxim is "Equality before the law" or more
precisely, ALL ARE EQUAL UNDER THE LAW. (God's Law - Moral and
Natural Law). Exodus 21:23-25; Lev. 24: 17-21; Deut. 1;17, 19:21;
Mat. 22:36-40; Luke 10:17; Col.
3:25.
"No one is above the law". This is founded on both Natural
and Moral law and is binding on everyone. For someone to say , or
acts as though, he is "above the law" is insane. This is
the major insanity in the world today. Man continues to live, act,
believe, and form systems, organizations, governments, laws and
processes which presume to be able to supercede or abrogate Natural
or Moral Law. But, under commercial law, Natural and Moral Law are
binding on everyone, and no one can escape it. Commerce, by the law
of nations, ought to be common, and not to be converted into a
monopoly and the private gain of the few.
3.
This one is one of the most comforting maxims one could have, and
your foundation for your peace-of-mind and your security and your
capacity to win and triumph -- to get your remedy -- in this
business. IN COMMERCE TRUTH IS SOVEREIGN. (Exodus 20:16; Ps. 117:2;
John 8:32; II Cor. 13:8 ).Truth is sovereign -- and the Sovereign
tells only the truth. Your word is your bond. If truth were not
sovereign in commerce, i.e., all human action and inter-relations,
there would be no basis for anything. No basis for law and order, no
basis no accountability, there would be no standards, no capacity to
resolve anything. It would mean "anything goes", "each
man for himself", and "nothing matters". That's worse
than the law of the jungle. Commerce. "To lie is to go against
the mind". Oriental proverb: "Of all that is good,
sublimity is supreme."
4.
TRUTH IS EXPRESSED IN THE FORM OF AN AFFIDAVIT. (Lev. 5:4-5; Lev.
6:3-5; Lev. 19:11-13: Num. 30:2; Mat. 5:33; James 5: 12). An
affidavit is your solemn expression of your truth. In commerce, an
affidavit must be accompanied and must underlay and form the
foundation for any commercial transaction whatsoever. There can be no
valid commercial transaction without someone putting their neck on
the line and stated, "this is true, correct, complete and not
meant to mislead." When you issue an affidavit, it is a two
edged sword; it cuts both ways. Someone has to take responsibility
for saying that it is a real situation. It can be called a true bill,
as they say in the Grand Jury. When you issue an affidavit in
commerce you get the power of an affidavit. You also incur the
liability, because this has to be a situation where other people
might be adversely affected by it. Things change by your affidavit,
in which are going to affect people's lives. If what you say in your
affidavit is, in fact, not true, then those who are adversely
affected can come back at you with justifiable recourse because you
lied. You have told a lie as if it were the truth. People depend on
your affidavit and then they have lost because you lied.
5.
AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE. (12 Pet. 1:25;
Heb. 6:13-15;) Claims made in your affidavit, if not rebutted, emerge
as the truth of the matter. Legal Maxim: "He who does deny,
admits."
6.
AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGMENT IN COMMERCE. (Heb.
6:16-17;). There is nothing left to resolve. Any proceeding in a
court, tribunal, or arbitration forum consists of a contest, or duel,
of commercial affidavits wherein the points remaining unrebutted in
the end stand as truth and matters to which the judgment of the law
is applied.
7.
IN COMMERCE FOR ANY MATTER TO BE RESOLVED MUST BE EXPRESSED. (Heb.
4:16; Phil. 4:6; Eph. 6:19-21). No one is a mind reader. You have to
put your position out there, you have to state what the issue is, to
have someone to talk about and resolve. Legal Maxim: "He who
fails to assert his rights has none.)
8.
The primary users of commercial law and those who best understand and
codified it in Western Civilization are the Jews. This is Mosaic Law
they have had for more than 3500 years past which is based upon
Babylonian commerce. This one is: HE WHO LEAVES THE BATTLEFIELD FIRST
LOSES BY DEFAULT. (Book of Job; Mat. 10:22; This means that an
affidavit which is unrebutted point for point stands as "truth
in commerce" because it hasn't been rebutted and has left the
battlefield. Governments allegedly exist to resolve disputes,
conflicts and truth. Governments allegedly exist to be substitutes
for the dueling field and the battlefield for so disputes, conflicts
of affidavits of truth are resolved peaceably, reasonably instead of
by violence. So people can take their disputes into court and have
them all opened up and resolved, instead of going out and marching
ten paces and turning to kill or injure. Legal Maxim: "He who
does not repel a wrong when he can, occasions it".
8.
SACRIFICE IS THE MEASURE OF CREDIBILITY (NO WILLINGNESS TO SACRIFICE
= NO LIABILITY, RESPONSIBILITY, AUTHORITY OR MEASURE OF CONVICTION).
Nothing ventured nothing gained. A person must put himself on the
line assume a position, take a stand, as regards the matter at hand.
and One cannot realize the potential gain without also exposing
himself to thew potential of loss. (One who is not damaged, put at
risk, or willing to swear an oath on his commercial liability to
claim authority) (Acts 7, life/death of Stephen). for the truth of
his statements and legitimacy of his actions has no basis to assert
claims or charges and forfeits all credibility and right Legal Maxim:
"He who bears the burden ought also to derive the benefit".
9.
SATISFACTION OF A LIEN. In commerce a lien or claim can be satisfied
in any one of three ways. (Gen. 2-3; Mat. 4; Revelation.).
# By
someone rebutting your affidavit, with another affidavit of his own,
point by point, until the matter is resolved as to whose is correct,
in case of non-resolution. # You convene a Sheriff's common law jury,
based on the Seventh Amendment, concerning a dispute involving a
claim of more than $20. Or, you can use three disinterested parties
to make judgment. # The only other way to satisfy a lien is to pay
it.
Legal
Maxim: "if the plaintiff does not prove his case, the defendant
is absolved".
10.
So, the tenth maxim of law is: A LIEN OR CLAIM CAN BE SATISFIED ONLY
THROUGH REBUTTABLE BY AFFIDAVIT POINT BY POINT, RESOLUTION BY JURY,
OR PAYMENT.
Commercial
Law is non-judicial. This is pre-judicial (not prejudice). This is
timeless. This is the base, the foundation beneath which any
government or any of their court systems can possibly exist or
function.
That
means what the courts are doing, and what all governments are
ultimately adjudicating and making rules about, are these basic rules
of Commercial Law. When you go into court and place your hand on the
Bible you say, "I swear the truth, the whole truth, and nothing
but the truth . . ." you have just sworn a Commercial Affidavit.
It's
the conflict between Commercial Affidavits of Truth that gives the
court something to talk about, that forms the entire basis of its
action, and its being there , in their venue. Hence, one of the
reasons attorneys always create controversy.
No
court and no judge can overturn or disregard or abrogate somebody's
Affidavit of Truth. The only one who has any capacity or right or
responsibility or knowledge to rebut your Affidavit of Truth is the
one who is adversely affected by it. It's his job, his right, his
responsibility to speak for himself. To issue his own affidavit
because no one can speak it for him. No one else can know what your
truth is or has the free-will responsibility to state it. This is
YOUR job.
Commercial
Law
This
phrase designates the whole body of substantive jurisprudence, i.e.
the Uniform Commercial Code, the Truth in Lending Act, applicable to
the rights, intercourse, of persons engaged in commerce, trade or
mercantile pursuits. Blacks 6th.
Commercial
Law maintains the commercial harmony, integrity, and continuity of
society. It's also stated as "to maintain the peace and dignity
of the State." Over the millennia these principles have been
discovered through experience and distilled and codified into those
ten fundamental Maximums listed above. There is no legal issue or
dispute possible which is not a function of one or more of these
principles. The entirety of world commerce now functions in
accordance with the Uniform Commercial Code (UCC), the UNITED STATES’
corporation version of Commercial Law.
Collection,
and How To Calculate Your Damages
Now,
here is another aspect of your affidavits. In commerce there is the
Assessment aspect, which is who owes who, and what, why, how and for
what reasons; and there is the Collection aspect.
The
collection aspect is based in International commerce that has existed
for more than 6000 years. Again, this is based on Jewish Law and the
Jewish grace period, which is in units of three; three days, three
weeks, three months. This is why you get 90day letters from the IRS.
Commercial
processes are non-judicial. They are summary processes (short,
concise-without a jury).
The
IRS creates the most activity of Commercial Collection in the entire
world. The collection process is relatively valid, although the IRS
is not registered to do business in any state. Did you understand
what you just read? The IRS is NOT REGISTERED TO DO BUSINESS OR
PERFORM COMMERCIAL MATTERS IN ANY STATE. So how do they get all the
money they get? ANSWER: because you give it to them without
requesting a proof of claim from them or even if they were "licensed"
to give you offers based on "arbitrary" estimations.
However,
this is where things get very interesting. The other phase of matters
is the assessment phase: THERE IS NO VALID ASSESSMENT. The IRS has,
and never can, and never will, and never could, EVER issue a valid
assessment lien or levy. It's not possible.
First of all, in order for them to do that there would have to be
paperwork, a True Bill in Commerce. There would have to be sworn
Affidavits by someone that this is a true, correct and complete and
not meant to deceive, which, in commerce is, essentially "the
truth, the whole truth and nothing but the truth" when you get
into court. Now, nobody in the IRS is going to take commercial
liability for exposing themselves to a lie, and have a chance for
people to come back at them with a True Bill in Commerce, a true
accounting. This means they would have to set forth the contract, the
foundational instrument with your signature on it, in which you are
in default, and a list of all the wonderful goods and services that
they have done for you which you owe them for; or a statement of all
the damages that you have caused them, for which you owe them.
To
my knowledge, no one has ever received goods or service from the IRS
for which they owe money. I personally don't know of anyone that has
damaged anybody in the IRS that gives them the right to come after us
and say that "you owe us money because you damaged me". The
assessment phase in the IRS is non- existent, it is a complete fraud.
Wait a minute, there is one definition of "service" that
actually applies to the IRS;
Service.
The act of bringing a female animal to a male animal to get *&%$#@
so that the owner of the animals may "enjoy the product of this
union."
Gives
you a warm fuzzy feeling inside doesn’t it?
This
is why these rules of Commercial Law come to our rescue. T. S. Eliot
wrote a wonderful little phrase in one of his poems: "We shall
not cease from exploration, and the result of all our exploring will
be to arrive at the place at which we began and know it for the first
time."
This
is the beginning , and this is the end. This closes the circle on the
process. One reason why the super rich bankers and the super rich
people in the world have been able to literally steal the world and
subjugate it, and plunder it, and bankrupt it and make chattel
property out of most of us is because they know and use the rules of
Commercial Law and we don't.
Because
we don't know the rules, nor use them, we don't know what the game
is. We don't know what to do. We don't know how to invoke our rights,
remedies and recourses. We get lost in doing everything under the sun
except the one and only thing that is the solution.
No
one is going to explain to you what and how all this is happening to
you. That is never going to happen. These powers-that-be have not
divulged the rules of the game. They can and do get away with
complete fraud and steal everything because no one knows what to do
about it.
SOLUTION;
Well,
what CAN you do about it? YOU NEED TO ISSUE A COMMERCIAL AFFIDAVIT.
You don't have to title it that, but that's what it is. You can
assert in your affidavit, "I have never been presented with any
sworn affidavits that would provide validity to your assessment. It
is my best and considered judgment that no such paperwork or
affidavit exists." At the end of this document, you put demands
on them. They must be implicit and then you state, "Should you
consider my position in error . . ."
You
know what they have to do now, don't you? They must come back with an
affidavit which rebuts your affidavit point for point, which means
they have to provide the paper work with the real assessment, the
true bill in commerce, the real sworn affidavits that would make
their assessment or claims against you valid.
No
agent or attorney of a fictitious entity can sign an affidavit for
the corporation. How can they sware as fact that the corporation has
done or not done ANYTHING? They do not have the standing. They cannot
and never will provide you with this. This means your affidavit
stands as truth in commerce.
You
can even make it more interesting if you like. You go to all their
laws like Title 18 and you tabulate the whole list of crimes they
have committed against you in lying to you, foreclosing and selling
your home and issuing liens and levies. This could be quite an
impressive list. If you tabulate the dollar amounts of the fines
involved in these offenses, you could take just Title 18 section 241
alone which is a $10,000.00 fine on any public official for each
offense. That means for every single violation of the Constitution,
or commercial law, there could be 35 or 40 of these just in Title 18.
You're looking at $300 to $400 thousand. When they start adding up,
they become very impressive.
Now
you attach this accounting, the criminal accounting to your affidavit
and you file it as a criminal complaint with the State Attorney. This
is like putting the fox in
charge
of guarding the hen house. However, more about this will be outlined
later in this course.
For
now, just attach your affidavit and your criminal complaint to a
commercial lien. But wait! There is even a more effective way of
getting you equity back – Involuntary Bankruptcy! These procedures
will be detailed in Course 5.
The
reason you go through this criminal complaint is because by their own
laws and value system and penalties, they have hung themselves. They
have already discerned and formulated the dollar amount involved in
each of the various offenses. When you lien them for those amounts,
they can't come back and say: "Well, these are out of nowhere.
They're unreasonable. Where did you get this?" Right out of your
own codes.
COMMERCIAL
PROCESSES ARE NON-JUDICIAL, PRE-JUDICIAL, AND ARE MORE POWERFUL THAN
JUDICIAL PROCESSES.
Now,
you take your commercial lien to the Secretary of State to file as a
UCC-1 Financing statement. Then as soon as you've finished filing the
original criminal complaint with the Prosecuting attorney you file
this lien against every agent individually. (The criminal complaint
is optional). They can't hide behind the skirts of the corporate
state, this fictional entity created by man to be able to engage in
perfidious actions which you would not otherwise be able by virtue of
Natural and Moral Law. It just doesn't work.
Now,
you can use this same collection process against them just as the IRS
uses against you.
You
will discover that all the attorneys, judges and the people who come
against you think this is a lot of gobble-di-gook, hogwash and silly.
But they soon learn that your affidavits of truth is valid and
enforceable against them. And they find that things become more and
more uncomfortable with each passing day. Judges even think all this
doesn't matter because they can get another judge to remove all your
paperwork against them. Other agents of the government think they can
hide behind the sovereign immunity of the Government, behind all the
power and prestige, all their attorneys and all their capacity to get
the courts to do whatever the wish is going to save them. None of
these have any effect on your process.
It
has no effect because there is only one way that they can be saved
and that is to come in with their own affidavit that rebuts your
affidavit point by point and prove
you
wrong. If they did get this into court or jury that's not going to do
them any good because the same battle still exists.
All
this means is that the conflict between affidavits are now fought out
in the open. And that is embarrassing to them because they are not
going to change anything. All this will simply do them more harm.
The
third way to settle your claim is for them to pay it. If they don't
satisfy your claim you give them a grace period, at the end of 90
days you transform the Secretary of State into your Accounts
Receivable Office. Legal Title of all their real and personal
property has now passed to you. You now file the correct paperwork
with the Secretary of State, and you serve this on the Sheriff and
say, "I want to take possession of my property." Things
begin to get interesting.
If
you send a criminal complaint on a public official to the Insurance
Commissioner of the State, it becomes instantly and automatically a
lien against the bond of the official, the judge or district attorney
and he's dead. He cannot function without bonding. This is held in
suspension until the issue is resolved.
Now,
all of a sudden we find ourselves, simply by going back to what we've
wanted all along, which is truth, rightness and a remedy, that we
have, by going back in this and finding the rules that pertain to it,
a way to have more power than they do, since we are sovereign.
No
one, not a judge, jury or anyone else can overturn this or change
this process.
To
do so would be to dissolve the world immediately into chaos. This
would be the end of all law, all order, all standards, for all
civilization.
It
is not possible. They are stuck. This forms the underpinnings of
philosophy, in tangle practices, of the way to put power on your side
and against those agents of government who violate your being, injure
you all in violation of their oath of office.
That
is how, through their own process, we can use the rules of the game
in OUR favor instead of remaining in ignorance and being taken
forever as slaves.This applies to everything, not just the
government. This forms a valid foundation for your life and it forms
a basis for any kind of dealings with government. What most people
don't even consider is that governments don't have and can't have
anything to support an affidavit of truth to support their actions.
Governments invent all the regulations and statutes to impose on you,
affecting your life and commercial/economic standing. And no one is
taking any liability, responsibility nor accountability. They may
have some kind of bonding. But in most states this bonding is only
for about $5-10 million for the entire state and all its employees.
However, you can tabulate a simple traffic ticket into more than $5
million if you so choose.
Uniform
Commercial Code
The
National Conference of Commissioners on Uniform State Laws together
with the American Law Institute drafted Nation-wide Uniform Laws and
each state has now adopted these laws. These laws govern commercial
transactions, including sales and leasing goods, transfer of funds,
commercial paper, bank deposits and collections, letters of credit,
bulk transfers, warehouse receipts, bills of laden, investment
securities, and secured transactions. The UCC has been adopted in
whole or substantially by all states. Blacks 6th. The UCC is a code
of laws governing various commercial transactions -- sale of goods,
banking transactions, secured transactions in personal property, and
other matters, that was designed to bring uniformity in these areas
to the laws of the various states, and that has been adopted, with
some modifications, in all states, including the District of Columbia
and the Virgin Islands. Barron's 3rd. Unless displaced by the
particular provisions of this code, the principles of law and equity,
including the law merchant and the law relative to capacity to
contract, principle and agent, estopple, fraud, misrepresentation,
duress, coercion, mistake, bankruptcy, or other validating or
invalidating cause shall supplement its provisions. UCC 1-103.
To
paraphrase the third definition above, the UCC is the supreme law on
the planet, and all other forms of law are encompassed by it and
included in it (except you as a sovereign, of course). Pennsylvania
was the first state to adopt the UCC (July 1954), and Louisiana the
last (January 1, 1975).
The
following is a quote from the BANK OFFICERS HANDBOOK OF COMMERCIAL
BANKING LAW WITHIN THE UNITED STATES, sixth edition, paragraph
22.01(1) and pertains to certain types of transactions:
"There
are twelve transactions to which the UCC does not apply. They are as
follows:
"1.
Security interests governed by federal statutes . . .
"2.
Landlord liens . . . "3. Liens for services or material provided
. . . "4. Assignment for claims fore wages . . . "5.
Transfers by government agencies . . . "6. Certain isolated
sales of accounts or chattel paper . . . "7. Insurance Policies
. . . "8. Judgments . . . "9. Rights of setoff . . . (see
setoff) "10. Real Estate interests . . . "11. Tort Claims .
. . "12 Bank accounts . . ."
UCC-104
states : "Construction against implicit repeal. This code being
a general act intended as a unified coverage of its subject matter,
no part of it shall be deemed to be impliedly repealed by subsequent
legislation in such construction be reasonably avoided".
Nothing
in the UCC has ever been repealed, nor can it ever be. In the event
of conflict between a deleted section and a current section, the
deleted section controls. If this is examined one will see that it
cannot be the other way. Potentially countless commercial
transactions can be consummated based on the current UCC at any time.
To "cancel" any portion of the UCC at a later point is to
throw into upheaval and chaos all commercial agreements that were
based on the deleted portion, an act that would carry unimaginably
astronomical liability to the many actors who attempted to effect
such change.
Now,
we must define the United States. This was covered in course number
2. But for purposes in this particular area, we must define it for a
better understanding applied to this procedure. Commercial Lien
A
commercial lien is a non-judicial claim or charge against property of
a Lien Debtor for payment of a debt or discharge of a duty or
obligation. A lien has the effect of permanently seizing property in
three months, ninety days, upon failure of the lien debtor to rebut
the Affidavit of Claim of Lien. The commercial grace of a lien is
provided by the three-month delay of the execution process, allowing
resolution either verbally, in writing, or by jury trial within the
90 day grace period. A Distress (to be defined in Blacks 6th) bonded
by an affidavit of information becomes a finalized matured commercial
lien and accounts receivable ninety days from the date of filing. The
Lien Right of a Lien must be expressed in
the
form of an Affidavit sworn true, correct and complete, with positive
identification of the Affiant. The swearing is based on one's own
commercial liability.
A
commercial lien differs from a true bill in commerce only in that
ordinarily a true bill in commerce is private, whereas a lien is the
same bill publicly declared, usually filed in the office of the
County Recorder, and, like all such declarations, when uncontested by
categorical point-for-point rebuttal of the affidavit, is a Security
(15 USC) and an accounts-receivable.
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