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The Two United States: Why Federal Law Doesn’t Apply To You. Part 5 of 6
By Truth Seeker (from 02/09/2012 @ 05:01:30, in en - Science and Society, read 1332 times)

...CONTINUES.

The legalese mumbo-jumbo is designed to make understanding as difficult as possible, but the mandate for publication of delegations of authority, regulations, etc., is articulated in Note 16, 44 U.S.C.A. § 1505, by the following decision:

The Administrative Procedure Act, § 551 et seq., of Title 5, and this chapter [44 USC §§ 1501 et seq.] require publication, irrespective of actual notice, as a prerequisite to issuance of a regulation making certain acts criminal. Hotch v. U.S., 1954, 212 F.2d. 280, 14 Alaska 594

There are no regulations (see Code of Federal Regulations titles) for Title 18 of the United States Code. Therefore, by terms of the Federal Register Act, there can be only three applications of penalty statutes classified in Title 18 of the United States Code: They can apply to, (1) agencies and officers, employees and agents of the United States, (2) territories and insular possessions of the United States, and (3) United States admiralty and maritime jurisdiction. All of the applications, or jurisdictions, are special in nature. Congress’ authority to regulate government, and to define and punish piracy and other offenses on the high seas, are Article I § 8 delegated powers, but the special territorial jurisdiction falls under Article IV § 3.2 municipal authority.

There is yet another erroneous fly in the ointment to be examined: Virtually all civil litigation and criminal prosecution by government officials is in the name of the “United States of America”, not the “United States.”

This detail cannot be overlooked. The Constitution of the United States, as the Articles of Confederation before, vests authority in the governmental entity designated as the United States. Article I § 1 of the Constitution vests legislative authority in the Congress of the United States; Article II establishes the President of the United States; and Article III vests judicial authority of the United States in the supreme Court of the United States and whatever inferior courts Congress might establish. The Tenth Amendment prohibits the United States from exercising power not delegated by the Constitution.

The “United States of America” is an historically significant name. Article I of the Articles of Confederation established the several party States as the United States of America, and the people of the United States of America established the Constitution of the United States (Preamble). But each of the several States is sovereign within its borders except for powers delegated to the United States by the Constitution. The people of this nation have vested no authority in a governmental entity known as the “United States of America”, and state and national constitutions do not delegate authority for officers of the several States and the United States to unilaterally establish a new national power.

Resolving the mystery of who or what the “United States of America” is somewhat like walking through a house of mirrors, but two conclusions can be drawn from available evidence: (1) the United States of America is a governmental entity foreign to the United States, and (2) the United States of America is a geographical entity.

The first capacity of the Assistant Attorney General is found at 28 CFR, Part 0.55. At Part 0.55(b), the delegation order specifies that the Assistant Attorney General will conduct, supervise, or handle, “Cases involving criminal frauds against the United States...,” and at Part 0.55(s), the Assistant Attorney General over the Criminal Division of the Department of Justice is required to conduct, supervise, or handle, “Civil proceedings in which the United States is plaintiff...” In other words, the “United States” is principal of interest in the basic delegation of authority for the Criminal Division of the Department of Justice.

However, at 28 CFR, Part 0.64-1, the delegation to the Assistant Attorney General over the Criminal Division authorizes him to serve as agent for a distinctly separate entity, the “United States of America.” The delegation also authorizes him to redelegate this authority to Deputy Assistant Attorney’s General in the Criminal Division, or to the Director and Deputy Directors of the Office of International Affairs, Criminal Division. The entire delegation order, as it appears in the Code of Federal Regulations, is as follows:

The Assistant Attorney General in charge of the Criminal Division shall have the authority and perform the functions of the “Central Authority” or “Competent Authority” (or like designation) under treaties and executive agreements between the United States of America and other countries on mutual assistance in criminal matters which designate the Attorney General or the Department of Justice as such authority. The Assistant Attorney General, Criminal Division, is authorized to redelegate this authority to the Deputy Assistant Attorneys General, Criminal Division, and to the Director and Deputy Directors of the Office of International Affairs, Criminal Division.

In order to establish that the “United States of America” is a government or some other form of entity foreign to the “United States”, it is not necessary to prove the precise who, what or where, it is only necessary to prove that the United States of America is separate and distinct from the United States. The above delegations of authority to the Assistant Attorney General over the Criminal Division of the Department of Justice do that—Part 0.55 establishes his capacity in relation to offenses against the United States; Part 0.64-1 establishes his capacity as agent for the United States of America. They are clear and distinct capacities. Therefore, the United States of America is a government or political compact established under treaties and executive agreements which is foreign to the United States; whether geographically or in the sense that a donor heart is alien and foreign to a heart transplant recipient.

Delegations to the Director of the Bureau of Prisons are even clearer. The Director and his officers (wardens) are authorized to (1) imprison people convicted of offenses against the United States, (2) accept and imprison prisoners transferred from the United States of America, and (3) accept and imprison prisoners transferred from the District of Columbia. District of Columbia prisoners will not be considered in this context.

The Director of the Bureau of Prisons relating to offenses against the United States is at 28 CFR, Part 0.96, reproduced in relative part:

The Director of the Bureau of Prisons is authorized to exercise or perform any of the authority, functions, or duties conferred or imposed upon the Attorney General by any law relating to the commitment, control or treatment of persons (including insane prisoners and juvenile delinquents) charged with criminal offenses against the United States...

The Director’s capacity as agent of the United States of America is at 28 CFR, Part 0.96b:

TO BE CONTINUED ...