American Standard of Jurisdictional Hierarchy 1
American Standard of Jurisdictional Hierarchy 1
American Standard of Jurisdictional Hierarchy 1
America is the “one Nation under God” and undividable from God, with liberty and justice4 for all.5
The word “America” derives from the Gothic Amalric, which means "Kingdom of Heaven."
1
axiom (plural axioms)
1. (philosophy) A self-evident and necessary truth; a proposition which it is
necessary to take for granted; a proposition whose truth is so evident that no
reasoning or demonstration can make it plainer. For example, "The whole is greater
than a part."
2
--------COURT OF RECORD----------
| COMMON LAW |
V V
STATE INFERIOR SUPREME COURT<----???------FEDERAL SUPREME COURT
| |
V V
STATE INFERIOR APPELLATE COURT FEDERAL APPELLATE COURT
| |
V V
STATE INFERIOR TRIAL COURT FEDERAL TRIAL COURT
3
Even the Supreme Court may not review a Court of Record's decision.
4
Justice is the concept of moral rightness based on ethics, rationality, law, natural
law, religion, fairness, or equity
5
Genesis 12:1-3 states, 1 The LORD had said to Abram, “Go from your country, your people
and your father’s household to the land I will show you. 2 “I will make you into a great
nation, and I will bless you; I will make your name great, and you will be a blessing. 3 I
will bless those who bless you, and whoever curses you I will curse; and all peoples on
earth will be blessed through you.”
America is the God-chosen land for God’s People. Accordingly, America knows no higher authority
than the one and only Lord God Almighty, our Creator (“God”). “God’s Law Rules in America!”
In God’s Holy Word of Truth, the Bible, “all men are created equal.” This means that all men are
equally given liberty to the right of choice. Given the liberty and right to govern one’s self, to choose
right from wrong, good over evil, and at the end of his life, to answer to God in judgment of his or
her choices made accordingly.
The first written Laws by God given to man is the “Ten Commandments”. God is supreme;
therefore, the Ten Commandments and all other Laws of God given us in his Holy Bible is the
Supreme Law of the Land. God enjoys “Supreme” authority to enter final judgment on man for
his or her choices made in his or her life which was provided by God.
There are two classes of “citizens” within the several states of the United States. God’s People,7 the
Sovereign8 Competent Rulers of the one Nation under God9, America, as the posterity of the “We, the
People”, are the “governing authorities”; a race that believes in God; Sovereign; People whose
allegiance is to only their Country of the one nation of people that believe in God, America. The
“founding fathers” were charged by God to establish the Common Law of the Land10 for the
6
De jure (in Classical Latin de iure) is an expression that means "concerning law", as
contrasted with de facto, which means "concerning fact".
7
Romans 13:1-7 states, “Everyone must submit himself to the governing authorities, for
there is no authority except that which God has established. The authorities that exist
have been established by God. Consequently, he who rebels against the authority is
rebelling against what God has instituted, and those who do so will bring judgment on
themselves. For rulers hold no terror for those who do right, but for those who do wrong.
Do you want to be free from fear of the one in authority? Then do what is right and he
will commend you. For he is God's servant to do you good. But if you do wrong, be afraid,
for he does not bear the sword for nothing. He is God's servant, an agent of wrath to
bring punishment on the wrongdoer. Therefore, it is necessary to submit to the
authorities, not only because of possible punishment but also because of conscience. This
is also why you pay taxes, for the authorities are God's servants, who give their full
time to governing. Give everyone what you owe him: If you owe taxes, pay taxes; if
revenue, then revenue; if respect, then respect; if honor, then honor.”
8
sovereign - greatest in status or authority or power; "a supreme tribunal"
9
God is the Creator of all things, but only Master by choice.
10
A maxim of the law is well defined:
Superior Jurisdiction, de Jure; The Governing Authorities, Competent Rulers established by God
are holden for law, and all other cases that may be applied to them shall be taken
for granted. The alterations of any of the maxims of the common law are dangerous."
[Emphasis added.] Bouvier’s Law Dictionary.
A maxim of law is an established principle or proposition. A principle of law
universally admitted, as being a correct statement of the law, or as agreeable to
natural reason. Coke defines a maxim to be a ‘conclusion of reason,’ and says that
it is so called ‘quia maxima ejus dignitas et certissima auctoritas, et quid maxime
omnibus probetur’. Co. Litt. 11a. He says in another place: ‘A maxim is a
proposition to be of all men confessed and granted without proof, argument, or
discourse’." Id. 67a.
11
Regular. Conformable to law. Not subject to irrational or unexplained variation. –
Black’s Law Dictionary 4th ed., p. 1450.
12
Regular process. Such as which emanates, lawfully and in a proper cause, from a court or
magistrate processing jurisdiction. –Black’s Law Dictionary 4th ed. P., 1370.
13
The Lawful governing authorities of America, the Naturalized Citizens, de Jure, pursuant
to the Law of the Land as defined in the Naturalization Act of 1802.
14
“Constitutional courts exercise the judicial power described in Art. III of the
Constitution; legislative courts do not and cannot.” Northern Pipeline Const. Co. v.
Marathon Pipe Line Co., 458 U.S. 50, 106 (1982) (Justice White dissenting).
15
Article III court (Also called constitutional court).
--Random House Webster’s Law Dictionary
Individuals who claim to be citizens of the United States. All citizens and individual persons that
submit to man’s de facto laws, known as public or private statutes,18 codes, ordinances, and
regulation, also known as “color of law”, are citizens, de facto. All laws, de facto, established by a de
facto Congress post 1861 A.D. and all non-naturalized 14th Amendment19 citizens, de facto. All
corporations, agencies and all persons who have sworn an official oath to serve and protect the
People and uphold the People’s Constitution for the United States, such official oath possessing the
16
Legislative courts are of an inferior nature and they are administrative agencies NOT
judicial bodies:
In the Encyclopedia of the American Constitution, UCLA Law Professor Emeritus Kenneth L.
Karst writes:
“When enforcing mere statutes, judges of all courts do not act judicially, (and
thus are not protected by “qualified” or “limited immunity,”) --SEE: Owen v. City,
445 U.S. 662; Bothke v. Terry, 713 F2d 1404) but merely act as an extension as
an agent for the involved agency -- but only in a “ministerial” and not a
“discretionary capacity...” Thompson v. Smith, 154 S.E. 579, 583; Keller v.
P.E., 261 US 428; F.R.C. v. G.E., 281, U.S. 464.
17
De facto is a Latin expression that means "by [the] fact." In law, it means "in practice
but not necessarily ordained by law" or "in practice or actuality, but without being
officially established." It is commonly used in contrast to de jure (which means
"concerning the law") when referring to matters of law, governance, or technique (such as
standards) that are found in the common experience as created or developed without or
contrary to a regulation. When discussing a legal situation, de jure designates what the
law says, while de facto designates action of what happens in practice.
18
"Statutes are public or private. A private statute is one which concerns only certain
designated individuals, and effects only their private rights. All other statutes are
public, in which are included statutes creating or effecting corporations." C.C.P. 1895-
1899, 1898.
19
Fifth Amendment of the United States Constitution (1792): “No person shall ...be
deprived of life, liberty, or property, without due process of law...” The exact phrase
is used in the 14th Amendment, but because of the legitimate suspicions concerning the
validity of its ratification then there is no reason to associate it with the organic
Constitution or any valid Law of the Land.
Law of the Land: Due Process of law. Magna Charta, c. 29... In American law, this has
become a common phrase in state constitutions and bills of rights. Its original is the
“lex terra” of Magna Charta, which Lord Coke has construed to mean “due process of law;”
and this construction seems to have been adopted in the constitution of the United States,
in which the latter phrase is used. (Burrill’s Law Dictionary 1851 ed.).
three primary attributes of an official oath.20 All citizens, non-de Jure, that do not meet the Lawful
requirements of the Naturalization Act of 1802. All these persons, individuals and citizens of the
United States of America have limited21 “Inferior” jurisdiction and are subject to justice in the
corporate United States Inferior courts,22 i.e. lower legislative non-justice courts such as
municipal, state and district courts23.
All incompetent individuals; Those who reject God, His authority and Governing Authorities and
have sworn their allegiance ‘in fact’ to an entity or country other than America. An example would
20
A valid official oath of office possesses three primary attributes: 1) An official oath
bears the name of the agency of which you will be employed while providing service to the
People. 2) It bears a seal of record, and such record of a third party able to be viewed
to evidence the actual date and time the official oath was confirmed by the public
servant. 3) It bears the phrase “so help me God”, NOT “so do I affirm”.
21
IX & X Amendments of the Bill of Rights - The enumeration in the Constitution of certain
rights shall not be construed to deny or disparage others retained by the people. The
powers not delegated to the United States by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or to the people.
22
Article I court (Also called legislative court) - a specialized court that is quasi-
judicial and quasi-administrative in nature, created by Congress as an extension of its
legislative power under Article I of the Constitution rather than as an organ of the
judicial branch of government under Article III. Examples include the Tax Court,
bankruptcy courts, and territorial courts. According to the California Constitution, the
district courts are “legislative courts” as defined above, and as such, are inferior, non-
constitutional, non-judicial courts.
23
Case cites in support of the administrative nature of the DISTRICT COURT:
"It is well settled in administrative law that: "It is the accepted rule, not only
in state courts, but, of the federal courts as well, that when a judge is enforcing
administrative law they are described as mere ‘extensions of the administrative
agency for superior reviewing purposes’ as a ministerial clerk for an agency..." 30
Cal. 596; 167 Cal 762.
"A judge ceases to sit as a judicial officer because the governing principals of
administrative law provides that courts are prohibited from substituting their
evidence, testimony, record, arguments and rationale for that of the agency.
Additionally, courts are prohibited from their substituting their judgements for
that of the agency."* AISI v. U.S., 568 F.2d 284. *[This case cite may be
erroneous.]
25
A traitor is a double-crosser: a person who says one thing and does another.
26
In law, treason is the crime that covers some of the more serious acts of betrayal of
one's sovereign or nation.
27
It is a clearly established principle of law that an attorney must represent a
corporation, it being incorporeal and a creature of the law. An attorney representing an
artificial entity must appear with the corporate charter and law in his hand. A person
acting as an attorney for a foreign principal must be registered to act on the principal’s
behalf. See, Foreign Agents Registration Act (22 USC § 612 et seq.); Victor Rabinowitz
et. at. v. Robert F. Kennedy, 376 US 605. Failure to file the "Foreign Agents
Registrations Statement" goes directly to the jurisdiction and lack of standing to be
before the court, and is a felony pursuant to 18 USC §§ 219, 951. The conflict of law,
interest and allegiance is obvious.
28
The maxims of the law included herein ARE the law that public servants are bound by oath
to uphold, and as such they are also essential to the due process of law, the People’s
right to which they are also bound by oath to the Constitution for the United States of
America to uphold under the due process clause of the Fifth and the Fourteenth Amendments.
Due process of law. Law in its regular course of administration through courts of
justice. Due process of law in each particular case means such an exercise of the
powers of the government as the settled maxims of law permit and sanction, and
under such safeguards for the protection of individual rights as those maxims
prescribe for the class of cases to which the one in question belongs. --Black's
Law Dictionary, Sixth Ed., page 500:
Therefore, when the California Code declares that included in the public statutes are
those statutes creating or affecting corporations, it means that those statutes creating
or affecting corporations are the ONLY statutes known as public statutes, and that those
statutes can create, affect and be applied only to, corporations. Or as the supporting
case law confirms, "Where a statute, specifies certain things," such as the statutes
creating or affecting corporations, "the designation of such things," the corporate
statutes, "excludes all others." According to California law, no other statutes can be
contained in the California public statutes than those statutes that create or affect
corporations.
Nothing more, not one word, can be added to the legislature’s plain language declaring
their legislative intent clearly and inclusively. This is known as “Black Letter Law.” And
since this conclusive presumption is rooted in a maxim of the law, it is to be granted,
accepted and applied without proof, argument or discourse, discourse meaning
"conversation" or "talk." The matter is settled and there is nothing to even talk about.
Any violation of this proposition would be a violation of the law.