Post by Shuftin on Feb 9, 2007 14:26:43 GMT -5
EMERGENCY POWERS
Emergency Powers means any form of military style government (i.e., Martial law or Martial rule). NOTE: Martial Law and Martial Rule are not the same.
Nations declare Emergency Powers under the Doctrine of Necessity when a calamity occurs (e.g. wars, riots, rebellion, national collapse, etc.) that cannot be dealt with in a normal, peaceful manner. This has been the normal manner of dealing with these Emergency Situations for the last hundred years. Emergency Powers are supposed to be only a TEMPORARY measure to deal with a crises. When the crises ends, the Emergency Powers are suppose to end.
In the United States of America Emergency Powers were declared by Franklin D. Roosevelt in 1933 to be used in the Bank crisis that was in progress when he came into Presidency. In fact, the crisis was a figment of the bankers' imagination; but it suited Roosevelt's plan to seize and maintain control of the nation by Executive Order. The Congress Rubber-Stamped Roosevelt's Executive Order and the federal power grab was on. From that day to the present America has been under a state of National Emergency and the people have been systematically exploited by every President since. The Congress works to maintain and justify the enormous growth in the power structure of the Federal Government. The 50 States co-operate with the Federal Government because they also benefit from a massive increase in their tax revenues and powers.
The area over which Emergency Powers may be declared can cover part of a State (County or City), or several States up to and including the entire Country as is the case today. The single most dominant feature of Emergency Powers is the Governments Unlawful Civil Authority. Civil Courts cease to exist and are replaced by Courts of Summary Judgment. The Court's Process and Procedures are a mix of rules from previous lawful Courts and military Courts. Traffic Courts, for example, are Courts of Summary Judgment that are using Military Rules as applied to Civilians. An example of this is seen when defining Traffic Infractions. Infractions are not defined in most State Codes, but are defined in The Manual of Courts Martial along with the terms Contempt, Appeal, Etc. This by itself should tell us something.
Government Emergency Powers vary in the degree of the emergency declared. The most extreme is called Martial Law. The benign, less restrictive form is Martial Rule. Currently, the United States is under the less restrictive form called Martial Rule. Understand that Martial law puts all major resources in an Emergency Powers area (i.e., transportation, food, minerals, metals, communications) under the direct control of the Nation's Armed Forces and its Commander-in-Chief, the President of the United States. In its raw sense Martial Law Governs via Democracy, not a Republic.
Military law uses Municipal Law. Courts are draped with quasi-civil (Republican) forms of law, evidenced by draped Military Standards in Court rooms (i.e., the gold-fringed flag of the United States mounted on a pole). Lawful Civil Authority never flies Flags, only Banners (which are always hung from the top of the Flag with the red and white stripes hanging vertically). Banners are never hung on a pole. Banners on a pole never represent Civil Authority, only Military Authority on the march.
EMERGENCY POWERS OPERATION
Under Emergency Powers, there must be an active and visible occupation of the land by armed troops of the entity that declares Emergency Powers. This is called Open And Notorious, Armed And Hostile, Occupation Of The Land. Is there an armed occupation of America? The answer is: YES. Under the guise of National Emergencies (hurricanes, floods, earthquakes, etc.); all National Guard units were Federalized and all Policemen, Firemen, Highway Patrol, State Patrol, and County Sheriffs were placed under control of the Guard since 1972. They are all under the control of the Federal Emergency Management Administration (F.E.M.A.) which is the centralization of Military and Law Enforcement powers under the Federal Government and the Commander-in-Chief, the President of the United States. Though the Law Enforcement Officers may not know it; they are a force occupying the land for the Federal Government. We, the people, are held hostage by our own neighbors. The reason why Active Duty Federal forces are stationed in all National Guard Armories is obvious. They are there to sustain the Emergency Powers control of the States and Counties by the Federal Government and to maintain Martial Rule in the hands of the President as Commander-in-Chief. By these means, the Federal Martial Rule Government maintains Open, Notorious, And Hostile, Armed Occupation Of The Land.
Military Law only recognizes Municipal Law. So the States had to create Municipal Courts to punish Infractions of Motor Vehicle Codes. Such Courts fly the FLAG of the Commander-in-Chief, (gold fringed Flag) and they are really an arm, or extension of the power of the President. Their primary function is to collect War Reparations through Fines, Penalties, etc. They all operate as "Quasi-Military" Courts using Summary Court Martial Proceedings. This is why such Courts only try Matters Of Fact and why Judges make and declare law on a case by case basis without the controls of Precedent or Constitutional restrictions. Municipal Court Judges do this because they act for the Commander-in-Chief (in the field) under Emergency Conditions. Judges make decisions to resolve the case under Doctrines of Necessity. In such Courts; the Constitution, Supreme Court Decisions, and Civil Court Decisions, are not permitted. Under Emergency Powers, the FINIAL AUTHORITY is not the people but is always with the Chief Military Commander (which in this Nation is the Commander-in-Chief, [i.e., the Military office of the President of the United States]). This accounts for the Executive Order snow storms since Franklin D. Roosevelt (who openly declared of his seizure of Emergency Powers in March, 1933 [via Executive Orders]). Executive Orders have the force and effect of law when they are published in the Federal Register (and by this means they become: Public Policy). Under Emergency Powers, there is no Lawful Civil or Constitutional Authority and there are no LAWFUL Civil Courts. And without Civil Courts, there can be no Lawful Civil or Administrative Process. All Emergency Power Process MUST BE DEFECTIVE in form, content, and Authority when such Process are compared to lawful Process. And as defective as the Process is, IT IS VALID IN ALL CASES EXCEPT WHEN “ABATED”. All Court appearances are VOLUNTARY according to the Process Rule which states that ALL DEFECTS OF “PROCESS” ARE CURED BY VOLUNTARY APPEARANCE, (You are here then you are in agreement). Lawful or Constitutional Process has no bearing on the case. It does not matter haw many errors one finds in the Process from Emergency Powers Courts, if you appear, you have informed the Court that you have waved the defects of Process. Submission to defects in Process waves the protection of fundamental rights.
SPECIAL APPEARANCES
There are many who believe that Special Appearances (can be by paperwork, motions, etc.,) nullify a Court's Jurisdiction. Under Emergency Powers, this is a false doctrine. There are no remedies in challenging a Court's Jurisdiction except by Abating the Process itself. Abatements are not a challenge to a Court's Jurisdiction, they are merely a Good Faith attempt to correct errors in the Process (i.e., Clear up the errors, Judge, and I will appear). Special Appearances fail when a Judge knows what he is doing. Under Martial Rule, Judges do whatever they want, whenever they want, so long as he does not alarm the public or disturb the peace.
Jurisdiction is always granted to try Jurisdictional questions, even if one goes to higher Courts. Defendants grant Jurisdiction without knowing it, because they never challenge the Process that creates the Jurisdiction. Process is perfected by Appearance, special or otherwise. Also the Court is not the building nor is it the Judge or anyone else. It is the Paperwork (Process). If the Court's Paperwork (Process) is defective, there is no Court and it ceases to exist. By necessity, Field Officers (Judges, Highway Patrol, State Troopers, Sheriffs, etc.) exercise powers of life and death to maintain Authority given to them by International Law that prohibits Lawful Civil Authority or Constitutional mandates because such Procedures are too timely and clumsy for Military, quasi-Military, operations. Constitutional and Common Law Precedents are too restrictive for Federal, State, County and City powers. Military Courts exercise "Benefit Of Discussion" that gives Court Jurisdiction as soon as a person answers a question or demands any response or action of a Military Court.
WORD OF WARNING
The Federal, State, County, and City governments WILL NOT assist the people in restoring Common Law and the Constitution because it is not in their interest to do so. Why? Because the entire system of welfare, income taxes, the codes, ordinances, rules, regulations, and bureaucracy, would cease to exist in very short order - within the states.
ATTORNEYS
A WORD OF CAUTION: One who hires an Attorney-At-Law cannot bring a lawful Process against an Emergency Powers Court because Attorneys are Agents of the Court (Officers of the Court) and they only use the Process allowed by the Court (that licensed the Attorney to practice before that Court). All Bar Members are Agents of Emergency Powers Courts. You must, therefore, never hire an Attorney to appear on a case in an Emergency Powers Court. Doing so makes one non compos mentis (i.e., not mentally competent) and automatically gives the Court jurisdiction over one's self.
Emergency Powers means any form of military style government (i.e., Martial law or Martial rule). NOTE: Martial Law and Martial Rule are not the same.
Nations declare Emergency Powers under the Doctrine of Necessity when a calamity occurs (e.g. wars, riots, rebellion, national collapse, etc.) that cannot be dealt with in a normal, peaceful manner. This has been the normal manner of dealing with these Emergency Situations for the last hundred years. Emergency Powers are supposed to be only a TEMPORARY measure to deal with a crises. When the crises ends, the Emergency Powers are suppose to end.
In the United States of America Emergency Powers were declared by Franklin D. Roosevelt in 1933 to be used in the Bank crisis that was in progress when he came into Presidency. In fact, the crisis was a figment of the bankers' imagination; but it suited Roosevelt's plan to seize and maintain control of the nation by Executive Order. The Congress Rubber-Stamped Roosevelt's Executive Order and the federal power grab was on. From that day to the present America has been under a state of National Emergency and the people have been systematically exploited by every President since. The Congress works to maintain and justify the enormous growth in the power structure of the Federal Government. The 50 States co-operate with the Federal Government because they also benefit from a massive increase in their tax revenues and powers.
The area over which Emergency Powers may be declared can cover part of a State (County or City), or several States up to and including the entire Country as is the case today. The single most dominant feature of Emergency Powers is the Governments Unlawful Civil Authority. Civil Courts cease to exist and are replaced by Courts of Summary Judgment. The Court's Process and Procedures are a mix of rules from previous lawful Courts and military Courts. Traffic Courts, for example, are Courts of Summary Judgment that are using Military Rules as applied to Civilians. An example of this is seen when defining Traffic Infractions. Infractions are not defined in most State Codes, but are defined in The Manual of Courts Martial along with the terms Contempt, Appeal, Etc. This by itself should tell us something.
Government Emergency Powers vary in the degree of the emergency declared. The most extreme is called Martial Law. The benign, less restrictive form is Martial Rule. Currently, the United States is under the less restrictive form called Martial Rule. Understand that Martial law puts all major resources in an Emergency Powers area (i.e., transportation, food, minerals, metals, communications) under the direct control of the Nation's Armed Forces and its Commander-in-Chief, the President of the United States. In its raw sense Martial Law Governs via Democracy, not a Republic.
Military law uses Municipal Law. Courts are draped with quasi-civil (Republican) forms of law, evidenced by draped Military Standards in Court rooms (i.e., the gold-fringed flag of the United States mounted on a pole). Lawful Civil Authority never flies Flags, only Banners (which are always hung from the top of the Flag with the red and white stripes hanging vertically). Banners are never hung on a pole. Banners on a pole never represent Civil Authority, only Military Authority on the march.
EMERGENCY POWERS OPERATION
Under Emergency Powers, there must be an active and visible occupation of the land by armed troops of the entity that declares Emergency Powers. This is called Open And Notorious, Armed And Hostile, Occupation Of The Land. Is there an armed occupation of America? The answer is: YES. Under the guise of National Emergencies (hurricanes, floods, earthquakes, etc.); all National Guard units were Federalized and all Policemen, Firemen, Highway Patrol, State Patrol, and County Sheriffs were placed under control of the Guard since 1972. They are all under the control of the Federal Emergency Management Administration (F.E.M.A.) which is the centralization of Military and Law Enforcement powers under the Federal Government and the Commander-in-Chief, the President of the United States. Though the Law Enforcement Officers may not know it; they are a force occupying the land for the Federal Government. We, the people, are held hostage by our own neighbors. The reason why Active Duty Federal forces are stationed in all National Guard Armories is obvious. They are there to sustain the Emergency Powers control of the States and Counties by the Federal Government and to maintain Martial Rule in the hands of the President as Commander-in-Chief. By these means, the Federal Martial Rule Government maintains Open, Notorious, And Hostile, Armed Occupation Of The Land.
Military Law only recognizes Municipal Law. So the States had to create Municipal Courts to punish Infractions of Motor Vehicle Codes. Such Courts fly the FLAG of the Commander-in-Chief, (gold fringed Flag) and they are really an arm, or extension of the power of the President. Their primary function is to collect War Reparations through Fines, Penalties, etc. They all operate as "Quasi-Military" Courts using Summary Court Martial Proceedings. This is why such Courts only try Matters Of Fact and why Judges make and declare law on a case by case basis without the controls of Precedent or Constitutional restrictions. Municipal Court Judges do this because they act for the Commander-in-Chief (in the field) under Emergency Conditions. Judges make decisions to resolve the case under Doctrines of Necessity. In such Courts; the Constitution, Supreme Court Decisions, and Civil Court Decisions, are not permitted. Under Emergency Powers, the FINIAL AUTHORITY is not the people but is always with the Chief Military Commander (which in this Nation is the Commander-in-Chief, [i.e., the Military office of the President of the United States]). This accounts for the Executive Order snow storms since Franklin D. Roosevelt (who openly declared of his seizure of Emergency Powers in March, 1933 [via Executive Orders]). Executive Orders have the force and effect of law when they are published in the Federal Register (and by this means they become: Public Policy). Under Emergency Powers, there is no Lawful Civil or Constitutional Authority and there are no LAWFUL Civil Courts. And without Civil Courts, there can be no Lawful Civil or Administrative Process. All Emergency Power Process MUST BE DEFECTIVE in form, content, and Authority when such Process are compared to lawful Process. And as defective as the Process is, IT IS VALID IN ALL CASES EXCEPT WHEN “ABATED”. All Court appearances are VOLUNTARY according to the Process Rule which states that ALL DEFECTS OF “PROCESS” ARE CURED BY VOLUNTARY APPEARANCE, (You are here then you are in agreement). Lawful or Constitutional Process has no bearing on the case. It does not matter haw many errors one finds in the Process from Emergency Powers Courts, if you appear, you have informed the Court that you have waved the defects of Process. Submission to defects in Process waves the protection of fundamental rights.
SPECIAL APPEARANCES
There are many who believe that Special Appearances (can be by paperwork, motions, etc.,) nullify a Court's Jurisdiction. Under Emergency Powers, this is a false doctrine. There are no remedies in challenging a Court's Jurisdiction except by Abating the Process itself. Abatements are not a challenge to a Court's Jurisdiction, they are merely a Good Faith attempt to correct errors in the Process (i.e., Clear up the errors, Judge, and I will appear). Special Appearances fail when a Judge knows what he is doing. Under Martial Rule, Judges do whatever they want, whenever they want, so long as he does not alarm the public or disturb the peace.
Jurisdiction is always granted to try Jurisdictional questions, even if one goes to higher Courts. Defendants grant Jurisdiction without knowing it, because they never challenge the Process that creates the Jurisdiction. Process is perfected by Appearance, special or otherwise. Also the Court is not the building nor is it the Judge or anyone else. It is the Paperwork (Process). If the Court's Paperwork (Process) is defective, there is no Court and it ceases to exist. By necessity, Field Officers (Judges, Highway Patrol, State Troopers, Sheriffs, etc.) exercise powers of life and death to maintain Authority given to them by International Law that prohibits Lawful Civil Authority or Constitutional mandates because such Procedures are too timely and clumsy for Military, quasi-Military, operations. Constitutional and Common Law Precedents are too restrictive for Federal, State, County and City powers. Military Courts exercise "Benefit Of Discussion" that gives Court Jurisdiction as soon as a person answers a question or demands any response or action of a Military Court.
WORD OF WARNING
The Federal, State, County, and City governments WILL NOT assist the people in restoring Common Law and the Constitution because it is not in their interest to do so. Why? Because the entire system of welfare, income taxes, the codes, ordinances, rules, regulations, and bureaucracy, would cease to exist in very short order - within the states.
ATTORNEYS
A WORD OF CAUTION: One who hires an Attorney-At-Law cannot bring a lawful Process against an Emergency Powers Court because Attorneys are Agents of the Court (Officers of the Court) and they only use the Process allowed by the Court (that licensed the Attorney to practice before that Court). All Bar Members are Agents of Emergency Powers Courts. You must, therefore, never hire an Attorney to appear on a case in an Emergency Powers Court. Doing so makes one non compos mentis (i.e., not mentally competent) and automatically gives the Court jurisdiction over one's self.