Post by Quil on Nov 24, 2014 12:05:14 GMT -8
Understanding the United States Code
30 May 2010 at 22:24
An often misconception among People is the United States Code applies to them. A general understanding of the code will open new approaches.
1. United States Code (USC) is a classification system not unlike the Dewey Decimal System at your local library. It has the same authority as the Dewey Decimal System. NONE. www.law.cornell.edu/uscode/text (USC with parallel authorities (CFR) will show on tabs above each code as applicable.
2. Statutes are presumed to be law.
3. Therefore, sections of the Code are not law of the United States, as such. They are merely evidence that a law or several laws of that nature exist somewhere in the Statutes at Large.
4. United States Code is arrangements of Revised Statutes at Large for easy reference in volumes called Titles. There are 50 titles.
5. For instance title 18 is Crimes and Criminal Procedure, title 21 is Food and Drugs, title 25 is Indians.
6. Citing United States Code for instance we would write for Title 25 section 232 as 25 USC 232. When citing more than one section the proper format is to write higher number sections first descending to lowest number for instance: 25 USC 233, 232.
8. What is legislative construction? Legislative construction determines application, in some way
identifies source of authority, etc. Any given section in the United States Code is separated from its
title, enacting clause, and other essentials necessary to determine application. It is evidence of law, but
it is not the law.
9. For every Statute listed in the United States Code having general applicability must have corresponding Regulation pursuant to Federal Register Act.
10. Regulations are presumed to be Force and Effect of law.
11. Regulations are arranged in volumes called titles within the Code of Federal Regulations (CFR). Title 39 Code of Federal Regulations part 232 is cited for example: 39 CFR 232
13. The Code of Federal Regulations has a corresponding finding aid called the Parallel Table ofAuthorities and Rules, authorized by the Federal Register Act at 44 U.S.C. § 1510. 1 The Parallel Table of Authorities and Rules, along with other finding aids, is located in the Index volume of the Code of Federal Regulations. www.gpo.gov/help/parallel_table.txt
14. The Code of Federal Regulations bears approximately the relationship to the Federal Register as the United States Code does to the Statutes at Large, with finding aids in the Index providing the bridge between statutes and regulations (see 44 U.S.C. § 1507).
15. The Parallel Table of Authorities and Rules lists sections and titles of the United States Code in numerical order, with sections that have published regulations listed having general application or application limited to the regulation listed, and those not listed having limited application to (1) government of the United States (see 5 U.S.C. §§ 301 & 302), (2) territories and insular possessions of the United States, and/or (3) admiralty and maritime jurisdiction of the United States.
16. In this scheme, any statute promulgated by Congress must be wed to an administrative regulation
before it has the force and effect of law. 2
17. Via a statute promulgated by Congress in compliance with Article I § 7 of the Constitution, Congress effectively says, "This is the law," then the President or an executive officer by regulation says, "This is the application and the way the statute will be enforced." One is incomplete without the other; until a legitimate statute and general application regulation are joined, there can be no general application save as is applicable to the three limited and special jurisdictions listed above.
18. Examples of how to apply United States Code:
Example 1: 25 USC 232 reads:
"Jurisdiction of New York State over offenses committed on reservations within State"
"The State of New York shall have jurisdiction over offenses committed by or against Indians on Indian reservations within the State of New York to the same extent as the courts of the State have jurisdiction over offenses committed elsewhere within the State as defined by the laws of the State: Provided, That nothing contained in this section shall be construed to deprive any Indian tribe, band, or community, or members thereof, hunting and fishing rights as guaranteed them by agreement, treaty, or custom, nor require them to obtain State fish and game licenses for the exercise of such rights."
www.law.cornell.edu/uscode/text/25/232
At first glance one would think this was law. Going to Parallel Table of Authorities (http://www.gpo.gov/help/parallel_table.txt), we find 25 USC 232 is not listed, because it has not regulations although it is claimed to have general applicability. There are no CFR parts for which 25 USC 232 provides authority.
Therefore 25 USC 232 has no authority, is not law and has no force and effect of law. We find the same would apply to 25 USC 233 which pretends to give Jurisdiction of New York State courts in civil actions on reservations as 25 USC 232 pretends to give criminal jurisdiction.
Example 2: 21 USC 841 reads:
Prohibited acts A
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
(b) Penalties
Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: [goes on to list sentencing guidelines and drugs and definitions]
www.law.cornell.edu/uscode/text/21/841
21 USC 841 is used in drug prosecutions to include so-called cocaine, marihuana, etc.
Going to Parallel Table of Authorities (http://www.gpo.gov/help/parallel_table.txt), we find 21 USC 841 is not listed, because it has not regulations although it is claimed to have general applicability.
There are no CFR parts for which 21 USC 841 provides authority."
Therefore 21 USC 841 has no authority, is not law and has no force and effect of law.
Example 3: 21 USC 844 reads in part:
"Penalties for simple possession
(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to possess a controlled substance... imported by means of shipping through any private or commercial carrier or the Postal Service."
www.law.cornell.edu/uscode/text/21/844
Using link above we check for parallel authorties (CFR) under search bar in right side bar we find it states:
This table of authorities as parallel authority 39 CFR 232 www.gpo.gov/help/parallel_table.txt , which does not apply to most.
"TITLE 39--Postal Service
CHAPTER I--UNITED STATES POSTAL SERVICE
SUBCHAPTER D--ORGANIZATION AND ADMINISTRATION
PART 232--CONDUCT ON POSTAL PROPERTY
(a) Applicability. This section applies to all real property under the charge and control of the Postal Service, to all tenant agencies, and to all persons entering in or on such property. This section shall be posted and kept posted at a conspicuous place on all such property. This section shall not apply to—
(i) Any portions of real property, owned or leased by the Postal Service, that are leased or subleased by the Postal Service to private tenants for their exclusive use;"
As you can see application is very specific to Postal Property but yet many people are prosecuted in Federal courtrooms under United States Code although there are NO implementing regulations or regulations do not apply to the accused.
Other useful information is definitions. Check each title or referenced titles for definitions in particular, "United States", "State" and "person". Do words presumed to be of the law apply to you?
CHURCH OF SCIENTOLOGY OF CALIFORNIA v. UNITED STATES DEPARTMENT OF JUSTICE, 612 F.2d 417
"The word 'person' in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings. See e. g. 1 U.S.C. § 1."
In a nutshell United States does not have jurisdiction within alleged State of the Union. This is backed in case of The Mayor Aldermen v. The United States 35 US 662, 10 Pet. 662, 9 L.Ed. 573
"It is insisted that the federal government may exercise this authority, under the power to regulate commerce.
It is very clear, that as the treaty cannot give this power to the federal government, we must look for it in the constitution; and that the same power must authorize a similar exercise of jurisdiction over every other quay in the United States. A statement of the case is a sufficient refutation of the argument.
Special provision is made in the constitution, for the cession of jurisdiction from the states over places where the federal government shall establish forts, or other military works. And it is only in these places, or in the territories of the United States, where it can exercise a general jurisdiction.
The state of Louisiana was admitted into the union, on the same footing as the original states. Her rights of sovereignty are the same, and by consequence no jurisdiction of the federal government, either for purposes of police or otherwise, can be exercised over this public ground, which is not common to the United States. It belongs to the local authority to enforce the trust, and prevent what they shall deem a violation of it by the city authorities."
This is further backed by their own U.S. Code.
4 USC § 71
"All that part of the territory of the United States included within the present limits of the District of Columbia shall be the permanent seat of government of the United States."
4 USC § 72
"All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law."
Which no such law has been expressly provided.
These methods can be applied against Federal Agencies, IRS, FBI, DEA, BATF, ICE, Immigration and Naturalization, Customs and Border Protection, Homeland Security, Criminal and Civil prosecutions to name a few.
For further understanding read "Institutionalized Tyranny The Character & Color of Authority" by Dan Meador. Here is PDF:
ka-ni.info/law/Institutionalized_Tyranny.pdf
1 See Cervase v. Office of the Federal Register, 580 F.2d 1166 (1978), a Third Circuit case where John Cervase, an attorney, filed a writ of mandamus against the Office of the Federal Register to construct and publish finding aids required by the Federal Register Act (44 U.S.C. § 1510). The case was originally dismissed by the United States District Court for the District of New Jersey. Cervase appealed. The Third Circuit issued the writ of mandamus ordering the Office of the Federal Register to construct the finding aids and the Code of Federal Regulations Index. In the decision, the court noted the purpose of the Federal Register Act (p.p. 1170-71): "But such a construction would fly in the face of the fundamental purpose of the Federal Register Act -- to eliminate the problem of secret law." Regulations governing construction of the Parallel Table of Authorities and Rules are at 1 CFR § 8. Each department or agency, usually via the chief executive officer, is responsible for maintaining accuracy of the Parallel Table of Authorities and Rules, so if there is error, liability falls to the department or agency responsible for administering and enforcing any given statute. The Federal Register Act itself was originally passed following the Supreme Court's decision in Panama Refining Co. v. Ryan, 293 U.S. 388, 432-33, 55 S.Ct. 241, 79 L.Ed. 446 (1935).
2 See California Bankers Association v. Schultz, 416 U.S. 21, 39 L. Ed. 2d 812, 94 S.Ct. 1494, United
States v. Mersky (1959) 361 U.S. 431, 4 L.Ed.2d, 80 S.Ct. 459, and various other cases. The Supreme
Court has likened regulations to "little statutes", and has clearly stated the necessity for implementing
regulations before any given statute has the force and effect of law. A statute and its implementing
regulation are for all practical purposes inseparable, and one doesn't have lawful effect for general
application without the other.
30 May 2010 at 22:24
An often misconception among People is the United States Code applies to them. A general understanding of the code will open new approaches.
1. United States Code (USC) is a classification system not unlike the Dewey Decimal System at your local library. It has the same authority as the Dewey Decimal System. NONE. www.law.cornell.edu/uscode/text (USC with parallel authorities (CFR) will show on tabs above each code as applicable.
2. Statutes are presumed to be law.
3. Therefore, sections of the Code are not law of the United States, as such. They are merely evidence that a law or several laws of that nature exist somewhere in the Statutes at Large.
4. United States Code is arrangements of Revised Statutes at Large for easy reference in volumes called Titles. There are 50 titles.
5. For instance title 18 is Crimes and Criminal Procedure, title 21 is Food and Drugs, title 25 is Indians.
6. Citing United States Code for instance we would write for Title 25 section 232 as 25 USC 232. When citing more than one section the proper format is to write higher number sections first descending to lowest number for instance: 25 USC 233, 232.
8. What is legislative construction? Legislative construction determines application, in some way
identifies source of authority, etc. Any given section in the United States Code is separated from its
title, enacting clause, and other essentials necessary to determine application. It is evidence of law, but
it is not the law.
9. For every Statute listed in the United States Code having general applicability must have corresponding Regulation pursuant to Federal Register Act.
10. Regulations are presumed to be Force and Effect of law.
11. Regulations are arranged in volumes called titles within the Code of Federal Regulations (CFR). Title 39 Code of Federal Regulations part 232 is cited for example: 39 CFR 232
13. The Code of Federal Regulations has a corresponding finding aid called the Parallel Table ofAuthorities and Rules, authorized by the Federal Register Act at 44 U.S.C. § 1510. 1 The Parallel Table of Authorities and Rules, along with other finding aids, is located in the Index volume of the Code of Federal Regulations. www.gpo.gov/help/parallel_table.txt
14. The Code of Federal Regulations bears approximately the relationship to the Federal Register as the United States Code does to the Statutes at Large, with finding aids in the Index providing the bridge between statutes and regulations (see 44 U.S.C. § 1507).
15. The Parallel Table of Authorities and Rules lists sections and titles of the United States Code in numerical order, with sections that have published regulations listed having general application or application limited to the regulation listed, and those not listed having limited application to (1) government of the United States (see 5 U.S.C. §§ 301 & 302), (2) territories and insular possessions of the United States, and/or (3) admiralty and maritime jurisdiction of the United States.
16. In this scheme, any statute promulgated by Congress must be wed to an administrative regulation
before it has the force and effect of law. 2
17. Via a statute promulgated by Congress in compliance with Article I § 7 of the Constitution, Congress effectively says, "This is the law," then the President or an executive officer by regulation says, "This is the application and the way the statute will be enforced." One is incomplete without the other; until a legitimate statute and general application regulation are joined, there can be no general application save as is applicable to the three limited and special jurisdictions listed above.
18. Examples of how to apply United States Code:
Example 1: 25 USC 232 reads:
"Jurisdiction of New York State over offenses committed on reservations within State"
"The State of New York shall have jurisdiction over offenses committed by or against Indians on Indian reservations within the State of New York to the same extent as the courts of the State have jurisdiction over offenses committed elsewhere within the State as defined by the laws of the State: Provided, That nothing contained in this section shall be construed to deprive any Indian tribe, band, or community, or members thereof, hunting and fishing rights as guaranteed them by agreement, treaty, or custom, nor require them to obtain State fish and game licenses for the exercise of such rights."
www.law.cornell.edu/uscode/text/25/232
At first glance one would think this was law. Going to Parallel Table of Authorities (http://www.gpo.gov/help/parallel_table.txt), we find 25 USC 232 is not listed, because it has not regulations although it is claimed to have general applicability. There are no CFR parts for which 25 USC 232 provides authority.
Therefore 25 USC 232 has no authority, is not law and has no force and effect of law. We find the same would apply to 25 USC 233 which pretends to give Jurisdiction of New York State courts in civil actions on reservations as 25 USC 232 pretends to give criminal jurisdiction.
Example 2: 21 USC 841 reads:
Prohibited acts A
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
(b) Penalties
Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows: [goes on to list sentencing guidelines and drugs and definitions]
www.law.cornell.edu/uscode/text/21/841
21 USC 841 is used in drug prosecutions to include so-called cocaine, marihuana, etc.
Going to Parallel Table of Authorities (http://www.gpo.gov/help/parallel_table.txt), we find 21 USC 841 is not listed, because it has not regulations although it is claimed to have general applicability.
There are no CFR parts for which 21 USC 841 provides authority."
Therefore 21 USC 841 has no authority, is not law and has no force and effect of law.
Example 3: 21 USC 844 reads in part:
"Penalties for simple possession
(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to possess a controlled substance... imported by means of shipping through any private or commercial carrier or the Postal Service."
www.law.cornell.edu/uscode/text/21/844
Using link above we check for parallel authorties (CFR) under search bar in right side bar we find it states:
This table of authorities as parallel authority 39 CFR 232 www.gpo.gov/help/parallel_table.txt , which does not apply to most.
"TITLE 39--Postal Service
CHAPTER I--UNITED STATES POSTAL SERVICE
SUBCHAPTER D--ORGANIZATION AND ADMINISTRATION
PART 232--CONDUCT ON POSTAL PROPERTY
(a) Applicability. This section applies to all real property under the charge and control of the Postal Service, to all tenant agencies, and to all persons entering in or on such property. This section shall be posted and kept posted at a conspicuous place on all such property. This section shall not apply to—
(i) Any portions of real property, owned or leased by the Postal Service, that are leased or subleased by the Postal Service to private tenants for their exclusive use;"
As you can see application is very specific to Postal Property but yet many people are prosecuted in Federal courtrooms under United States Code although there are NO implementing regulations or regulations do not apply to the accused.
Other useful information is definitions. Check each title or referenced titles for definitions in particular, "United States", "State" and "person". Do words presumed to be of the law apply to you?
CHURCH OF SCIENTOLOGY OF CALIFORNIA v. UNITED STATES DEPARTMENT OF JUSTICE, 612 F.2d 417
"The word 'person' in legal terminology is perceived as a general word which normally includes in its scope a variety of entities other than human beings. See e. g. 1 U.S.C. § 1."
In a nutshell United States does not have jurisdiction within alleged State of the Union. This is backed in case of The Mayor Aldermen v. The United States 35 US 662, 10 Pet. 662, 9 L.Ed. 573
"It is insisted that the federal government may exercise this authority, under the power to regulate commerce.
It is very clear, that as the treaty cannot give this power to the federal government, we must look for it in the constitution; and that the same power must authorize a similar exercise of jurisdiction over every other quay in the United States. A statement of the case is a sufficient refutation of the argument.
Special provision is made in the constitution, for the cession of jurisdiction from the states over places where the federal government shall establish forts, or other military works. And it is only in these places, or in the territories of the United States, where it can exercise a general jurisdiction.
The state of Louisiana was admitted into the union, on the same footing as the original states. Her rights of sovereignty are the same, and by consequence no jurisdiction of the federal government, either for purposes of police or otherwise, can be exercised over this public ground, which is not common to the United States. It belongs to the local authority to enforce the trust, and prevent what they shall deem a violation of it by the city authorities."
This is further backed by their own U.S. Code.
4 USC § 71
"All that part of the territory of the United States included within the present limits of the District of Columbia shall be the permanent seat of government of the United States."
4 USC § 72
"All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law."
Which no such law has been expressly provided.
These methods can be applied against Federal Agencies, IRS, FBI, DEA, BATF, ICE, Immigration and Naturalization, Customs and Border Protection, Homeland Security, Criminal and Civil prosecutions to name a few.
For further understanding read "Institutionalized Tyranny The Character & Color of Authority" by Dan Meador. Here is PDF:
ka-ni.info/law/Institutionalized_Tyranny.pdf
1 See Cervase v. Office of the Federal Register, 580 F.2d 1166 (1978), a Third Circuit case where John Cervase, an attorney, filed a writ of mandamus against the Office of the Federal Register to construct and publish finding aids required by the Federal Register Act (44 U.S.C. § 1510). The case was originally dismissed by the United States District Court for the District of New Jersey. Cervase appealed. The Third Circuit issued the writ of mandamus ordering the Office of the Federal Register to construct the finding aids and the Code of Federal Regulations Index. In the decision, the court noted the purpose of the Federal Register Act (p.p. 1170-71): "But such a construction would fly in the face of the fundamental purpose of the Federal Register Act -- to eliminate the problem of secret law." Regulations governing construction of the Parallel Table of Authorities and Rules are at 1 CFR § 8. Each department or agency, usually via the chief executive officer, is responsible for maintaining accuracy of the Parallel Table of Authorities and Rules, so if there is error, liability falls to the department or agency responsible for administering and enforcing any given statute. The Federal Register Act itself was originally passed following the Supreme Court's decision in Panama Refining Co. v. Ryan, 293 U.S. 388, 432-33, 55 S.Ct. 241, 79 L.Ed. 446 (1935).
2 See California Bankers Association v. Schultz, 416 U.S. 21, 39 L. Ed. 2d 812, 94 S.Ct. 1494, United
States v. Mersky (1959) 361 U.S. 431, 4 L.Ed.2d, 80 S.Ct. 459, and various other cases. The Supreme
Court has likened regulations to "little statutes", and has clearly stated the necessity for implementing
regulations before any given statute has the force and effect of law. A statute and its implementing
regulation are for all practical purposes inseparable, and one doesn't have lawful effect for general
application without the other.