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American Matrix: How We Lost Our Constitution

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PART 2
By Marilyn MacGruder Barnewall
January 16, 2015
NewsWithViews.com
COLORABLE MONEY, COLORABLE LAW, COLORABLE LIBERTY
Before providing you with the
following information, I must state that I am not an attorney and have not
studied the law. I’m a retired banker who has done a lot of research on this
subject.
What we learned in Part I is that federal, state, county and city
governments and most of the departments and divisions that are part of them are
incorporated. We learned that corporations function under Articles of
Incorporation, not a Constitution and that’s how we lost our constitutional
rights and courts that support them.
We learned that corporations are
governed by business laws having to do with Maritime Law (also called Law of
the Seas or Admiralty Law both of which are historically very old) and the
Uniform Commercial Code. We learned that Constitutional Law is based on Common
Law (which is based on substance and the will of the people — the Will of God,
too, many people say). For example, under Common Law we are provided the
alternative of not testifying against ourselves; that is not part of Maritime
Law.
To understand the damage that has
been done to our nation, we need to define the word “colorable” – its meaning,
its impact on our currency, our courts, and our constitutional liberties and
the limits the Constitution places on government. It is from the meaning of the
word “colorable” that the virus of death infecting our nation breeds and keeps
breeding… like Ebola, it dissolves every major life-giving organ in its path
until death ensues.
COLORABLE MONEY – COLORABLE COURTS
To be “colorable,” is for something
to appear to be what it is not. It looks real, you are told by your government
that it is real and, in the example of currency, it is used or behaves as if
it’s real, but it is not. Take what you are told is a dollar bill from your
billfold. It looks like a dollar bill. You can spend it like a dollar bill. But
it is not a dollar bill. It is a Federal Reserve Note. It says so, right on the
face of it – at the top, above George Washington’s picture.
In the world of banking, what is a
note? Answer: It is a loan. It is credit. According to the Federal Reserve Bank
of Minneapolis, fiat money has no value in and of itself, but it can be
exchanged… like Monopoly money. A direct quote from the Minneapolis Fed: …(fiat
currency can be exchanged) “for goods and services… because (the people) are
confident it will be honored when they buy goods and services.”
Money and currency are not the same.
We used to have money in America but when the dollar was no longer backed by
gold or silver our “money” became a fiat currency. These things called a
“Federal Reserve Note” became colorable currency, something that behaved like
money because people could use it to buy groceries, cars, electronics, etc.,
and also pay for services like health care and life insurance. But it was not
money. It was colorable… it just serves as a paper currency. Money is something
of substance – like gold or silver. For Common Law to exist, money of substance
must exist.
If a (colorable) Federal Reserve
Note becomes part of a contract, the contract also becomes colorable. Colorable
contracts, in turn, must be adjudicated under a “colorable” jurisdiction
(system of justice – our courts). So when the colorable currency called
Federal Reserve Notes was created, the government had to create a jurisdiction
(court system) to cover colorable contracts. The incorporated governments
called this new form of jurisdiction Statutory Law because though it was based
on the Uniform Commercial Code which is based on Admiralty Law, “Statutory” is
neither. Thus, Statutory Jurisdiction is colorable.
It sounds complicated, but if you
think about it for a few minutes, it is really quite simple. Public Law was
used in Common Law courts; Public Policy is used in Statutory courts… and
that’s what gave bureaucrats control of our courtrooms. That’s what gave them
the ability to prosecute members of the public because a regulation passed by a
government agency rather than a law passed by Congress or your State
Legislature, was violated.
So our courts have changed… how many
times in the past years have you heard the term “The Petitioner does not have
Standing to file this case… dismissed!” We have been unable to file cases
against our government even when clear abuses of power exist. How many juries
have been given rules they are told they must follow in determining a verdict,
leaving them no choice other than “guilty” or “not guilty” regardless of what
the evidence indicates? How many judges have withheld evidence from a jury? It
has brought topics like “Nullification” to the forefront of the politically
active. Nullification deals with a jury’s right to dismiss from its decision of
guilt or innocence the judge’s directions as to what the jury may or may not
consider in reaching its decision. Juries are empowered to nullify the judge’s
directions if they feel it is justified.
All of this and more has been caused
by the change from Common to a colorable form of Maritime Law called Statutory
Law… a form of law required when our various governments incorporated — which,
in turn, was required when the Federal Reserve System presented us with a
“colorable currency.”
What have we Americans been taught
by our government-subsidized education about the cause of our Revolutionary
War? Mostly we were told about the Boston Tea Party, the Midnight Ride of Paul
Revere, and other nice stories.
Many people say the Revolution began
because of the Crown’s Declaratory Act which taxed tea, taxed stamps, forced
colonists to quarter in their homes members of the English military, etc. No.
It began because of the Rothschilds and their central bank system which, in
today’s world, has driven us to the brink of another world war.
It’s true that all those things were
great irritants, but the real core problem involved central banking – the Bank
of England. The colonists were forced by England’s King to use a paper currency
issued by the Bank of England which demanded we use it – and we were to cede
our colonial banking and monetary systems and pay interest to the Bank of
England for using their paper money.
It sounds eerily like the way the
Federal Reserve System in America works today, doesn’t it? It is, in fact,
quite similar. So we must start with the assumption that what made our
ancestors go to war in the 1700s is quite acceptable to Americans today because
we have embraced what they were willing to die to prevent: Central banks and a
fiat currency.
The Rothschilds were around when
America was a colony of Great Britain and the fact that we were founded on the
basis of Common Law troubled them. Why? Common Law is based on substance and
rejects “colorable money” and “colorable courts.” Article 1 Section 8 of our
Constitution describes for you what “substance” relative to Common Law means:
“Gold and silver,” not a meaningless fiat currency that has nothing backing it.
That is a currency with no substance and violates Common Law.
Prior to the forming of the Federal
Reserve System, America’s Constitutional Republic required the nation to pay
its debts in gold or silver and Rothschild banks did not loan gold or silver.
Thus they did not like our newly-formed government which rejected a fiat
currency with nothing backing it (what we have today). As described above, the
Rothschilds allowed the King of England to borrow paper money from them and got
repaid in gold and silver.
Our Constitution declared gold and
silver as the official currency of the United States of America and that’s why
the Rothschilds financed the War of 1812. They wanted America as part of the
United Kingdom so they could expand into the New World their Bank of England
scam. They of course lost the War of 1812 and began seeking other ways to
further their “we’ll loan you paper and you pay us back in gold and silver”
scheme and began working on what we now have as a central banking system, the
Federal Reserve, founded on December 23, 1913, 100 years after the War of 1812.
And how legitimate is the Federal Reserve Act of 1913? Not very. Read the
history.
Our ancestors in North America began
to revolt against the Brits but we had Common Law in the Colonies at the time.
When the King’s tax collectors made their rounds, however, they imposed
Admiralty Law on the people. It enabled them to arrest and quickly try people,
denying to what were mostly Englishmen and women the common rights due them as
citizens of the Crown. That is what caused the Revolutionary War.
Perhaps the most interesting part of
our history is that almost exactly the same thing has happened to us once
again. What’s the old saying about what happens if we don’t learn from history?
By incorporating federal, state, and county governments (because of the Federal
Reserve’s colorable currency), the U.S. Government made it possible to remove
the Common Law supported by our U.S. Constitution and implement a prostituted
form of Maritime (or Admiralty) Law called Statutory Law. Our ancestors refused
to tolerate it and it will be interesting to see if today’s society which seems
more motivated by security and comfort than by right and wrong and liberty will
accept the Law of the Seas.
To make sure we’re all on the same
page, let’s start with some definitions and let them guide you to an
understanding of how we got in our current mess. Only if we understand the
history behind these massive problems will we be able to solve them.
To explain how the loss of Common
Law robbed us of our independence and our Republic and how incorporating
federal, state, and county governments made it possible, we need some
definitions. You’re about to get a graduate school crash course in business and
finance (and a little law):
JURISDICTION: 1. The right of a court to hear a particular case, based on
the scope of its authority over the type of case and the parties to the case.
2. Authority or control. 3. The extent of authority or control. 4. The
territorial range of authority or control.
While researching the jurisdiction
of our courts, I came upon an article that was so well done, so easy for a
non-lawyer to understand, I decided to reprint portions of it here. One of the
difficult things about writing both Parts I and II of this article is stating
things in a way that can be understood by non-bankers and non-lawyers. Since
I’m not a lawyer, I particularly appreciated this article and recommend that
you read it in its entirety HERE. I am not publishing the entire article
below, just those parts that apply to this topic.
The article is a condensed story
about a man named Howard Freeman and is based on a seminar Freeman gave in
1990. The article is written in ham and eggs English and is not filled with
legal terminology that forces you to look every-other-word up in a legal
dictionary. The following definition about Common Law, Equity Law,
Admiralty/Maritime Law, Courts of Contract, Colorable Money and Colorable Courts,
and the Uniform Commercial Code is taken from that seminar and the article
written about it.
The Constitution of the United
States mentions three areas of jurisdiction in which the courts may operate:
COMMON LAW
Common Law is based on God’s law.
Anytime someone is charged under the Common Law, there must be a damaged party.
You are free under the Common Law to do anything you please, as long as you do
not infringe on the life, liberty, or property of someone else. You have a
right to make a fool of yourself provided you do not infringe on the life,
liberty, or property of someone else. The Common Law does not allow for any
government action which prevents a man from making a fool of himself. For
instance, when you cross over the state lines in most states, you will see a
sign which says, ” BUCKLE YOUR SEAT BELTS – IT’S THE LAW. ” This
cannot be Common Law, because who would you injure if you did not buckle up?
Nobody. This would be compelled performance. But Common Law cannot compel
performance. Any violation of Common Law is a CRIMINAL ACT, and is punishable.
EQUITY LAW
Equity Law is law which compels
performance. It compels you to perform to the exact letter of any contract that
you are under. So, if you have compelled performance, there must be a contract
somewhere, and you are being compelled to perform under the obligation of the
contract. Now this can only be a civil action – not criminal. In Equity
Jurisdiction, you cannot be tried criminally, but you can be compelled to
perform to the letter of a contract. If you then refuse to perform as directed
by the court, you can be charged with contempt of court, which is a criminal
action. Are our seat belt laws Equity Laws? No, they are not, because you cannot
be penalized or punished for not keeping to the letter of a contract.
(BARNEWALL NOTE: You may have signed an insurance contract agreeing to always
wear your seat belts or otherwise obey all traffic laws and, of course, your
state requires automobile insurance coverage.)
ADMIRALTY/MARITIME LAW
This is civil jurisdiction of
Compelled Performance which also has Criminal Penalties for not adhering to the
letter of the contract, but this only applies to International Contracts. Now
we can see what jurisdiction the seat belt laws (all traffic codes, etc) are under.
Whenever there is a penalty for failure to perform (such as willful failure to
file), that is Admiralty/Maritime Law and there must be a valid international
contract in force.
However, the courts don’t want to
admit that they are operating under Admiralty/Maritime Jurisdictions, so they
took the international law or Law Merchant and adopted it into our codes. That
is what the Supreme Court decided in the Erie Railroad case (Erie Railroad v.
Tompkins, Supreme Court, 1938) – that the decisions will be based on commercial
law or business law and that it will have criminal penalties associated with
it. Since they were instructed not to call it Admiralty Jurisdiction, they call
it Statutory Jurisdiction.
COURTS OF CONTRACT
You must ask how we got into this
situation where we can be charged with failure to wear seat belts and be fined
for it. Isn’t the judge sworn to up hold the Constitution? Yes, he is. But you
must understand the Constitution, in Article I, § 10, gives us the unlimited
right to contract, as long as we do not infringe on the life, liberty or
property of someone else. Contracts are enforceable, and the Constitution gives
two jurisdictions where contracts can be enforced – Equity or Admiralty. But we
find them being in Statutory Jurisdiction. This is the embarrassing part for
the courts, but we can use this to box the judges into a corner in their own
courts.
CONTRACTS MUST BE VOLUNTARY
Under the Common Law, every contract
must be entered into knowingly, voluntarily, and intentionally by both parties
or it is void and unenforceable. This is characteristic: It must be based on
substance
. For example, contracts used to read, “For one dollar and
other valuable considerations, I will paint your house,” etc. That was a valid
contract – the dollar was a genuine, silver dollar. Now, suppose you wrote a
contract that said, “For one Federal Reserve Note and other
considerations, I will paint your house….” And suppose, for example, I
painted your house the wrong color. Could you go into a Common Law court and
get justice? No, you could not. You see, a Federal Reserve Note is a
“colorable” dollar, as it has no substance, and in a Common Law
Jurisdiction, that contract would be unenforceable.
COLORABLE MONEY – COLORABLE COURTS
Colorable: That which exists in
appearance only, and not in reality; not what it purports to be, hence
counterfeit, feigned to have the appearance of truth. Black’s Law Dictionary,
Sixth Edition.
It is “colorable”
Admiralty Jurisdiction the judges are enforcing because we are using “colorable
money.” Colorable Admiralty is now known as Statutory Jurisdiction. Let’s
see how we got under this Statutory Jurisdiction.
UNIFORM COMMERCIAL CODE
The government set up a
“colorable” law system to fit the “colorable” currency. It
used to be called the Law Merchant or the Law of Redeemable Instruments,
because it dealt with paper which was redeemable in something of substance.
But, once Federal Reserve Notes had become unredeemable, there had to be a
system of law which was completely “colorable” from start to finish.
This system of law was codified as the Uniform Commercial Code, and has been
adopted in every state. This is “colorable” law, and it is used in
all the courts.
(End of text from Howard Freeman’s
seminar.)
Do you see how the Federal Reserve
Notes were the basic cause of the problems we now see in our courts, our
financial system, our Republic, our Independence as a people? They created a
fiat currency backed by nothing. Keep in mind, the word “Note” means “Loan.” It
is “colorable currency.”
The Common Law, as embodied in the
US Constitution, for the protection and security of persons and property, is
Substantive Common Law – [substantive right: a right {as of life, liberty,
property, or reputation} held to exist for its own sake and to constitute part
of the normal legal order of society] – the intention of the Founding Fathers
being the assurance of access to this law by the people.
The most important thing we the
people can work to achieve is Constitutional Counties. This system was imposed
on us from the top down and must be unwound from the bottom up.
As I said in Part I of this article,
corporations can be dissolved – and we need to do that. It’s not difficult to
achieve… get enough signatures on a petition to get the initiative on your
county ballot and vote the corporations out of existence.
It is, however, more difficult than
it sounds. It requires extensive planning because you must remember how we got
from a Constitutional Republic to Crony Capitalism. Here’s what I think
happened.
The Federal Reserve came into being
in 1913. Our money was turned into a fiat currency when President Nixon took us
off of the gold standard. The U.S. Government was based on Common Law which
made colorable money (money lacking substance – Common Law is based on
substance) and that made it impossible for it to continue issuing Federal
Reserve Notes. So the federal government incorporated itself which made it
possible for them to continue with the issuance of Federal Reserve Notes. It
became clear that the states could not accept colorable money from an
incorporated federal government unless they, too, were incorporated – and the
same thing happened to our counties. To gain access to a colorable currency, an
entire system had to be created. 
How much simpler our lives would be if the
Treasury Department had taken over America’s monetary system rather than build
this octopus so the Federal Reserve System could be maintained! This attests to
the power of the Rothschild central banking system. We might want to keep in
mind that one of the primary problems in the Middle East is that Islam does not
allow loan usury (interest) and not all of the nations in the Middle East have
central banks. Libya didn’t have one – until Muammar Gaddafi was removed from
office and killed. Libya now has a central bank. (The Stylebook at the
Washington Post spells it “Gaddafi.” The Stylebook at the Associated
Press spells it “Gadhafi.”)
 
Though it is not difficult to
dissolve the corporations if it is the will of the people to regain their
constitutional rights, a great deal of thought must go into how a county that
dissolves its corporations will survive without federal and state dollars. Some
of the questions that arise are:
1.
If Common Law is returned to our court system and our governing bodies, it
requires a currency that has substance and contracts based on that substance.
Fiat currency – Federal Reserve Notes – has no substance. How can those people
being paid by the federal, state, or county governments get paid in a currency
of substance? How about people receiving Social Security and Medicare benefits?
How about veterans receiving retirement and VA benefits? They are being paid in
Federal Reserve Notes (as we all are) which, since they are not redeemable in
gold or silver, are deemed as having no substance and contracts with no
substance are rejected by Common Law. This part of problem resolution is
complex – but with good planning it can be done.
2.
Can fiat currency be used at all in a Constitutional County?
3.
Is there a way to reject the colorable Statutory Laws created by federal and
state governments and build a bridge between Common Law and the Uniform
Commercial Code, Admiralty/Maritime Law, Equity Law, etc.?
There are many other questions, but
to ask and answer them requires a book, not an article. The purpose of this
two-part article has been to explain to you what I believe happened and what I
believe the solution to be. It will not be easy. Nor will it be free.
Liberty is never free. How much you
value it will determine the price you are willing to pay to regain it.
Click here for part —–> 1,
© 2015 Marilyn M. Barnewall – All
Rights Reserved


Marilyn MacGruder Barnewall began
her career in 1956 as a journalist with the Wyoming Eagle in Cheyenne. During
her 20 years (plus) as a banker and bank consultant, she wrote extensively for
The American Banker, Bank Marketing Magazine, Trust Marketing Magazine, was
U.S. Consulting Editor for Private Banker International (London/Dublin), and
other major banking industry publications. She has written seven non-fiction
books about banking and taught private banking at Colorado University for the
American Bankers Association. She has authored seven banking books, one dog
book, and two works of fiction (about banking, of course). She has served on
numerous Boards in her community.
Barnewall is the former editor of
The National Peace Officer Magazine and as a journalist has written guest
editorials for the Denver Post, Rocky Mountain News and Newsweek, among others.
On the Internet, she has written for News With Views, World Net Daily, Canada
Free Press, Christian Business Daily, Business Reform, and others. She has been
quoted in Time, Forbes, Wall Street Journal and other national and
international publications. She can be found in Who’s Who in America, Who’s Who
of American Women, Who’s Who in Finance and Business, and Who’s Who in the
World.

High Speed Rail Information

Ambassador Leo/Lee E. Wanta Revelations


Source: http://marilynwrites.blogspot.com/2015/01/american-matrix-how-we-lost-our.html



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