CHAPTER TWELVE WAR POWERS : Fruit from a Poisonous Tree by Mel Stamper

 

CHAPTER TWELVE

WAR POWERS

If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands, which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countryman. – Samuel Adams, August 1, 1776

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How can the President and Congress do what they were prohibited from doing by the Constitution with complete impunity from the law?

Every chapter of this book has covered a topic that addresses a violation of some constitutional provision and deprivation of the rights of “We the People” by the de facto government. The question I am always asked is, “How can they get away with it?” Try as I may, I cannot find any legal theory that makes sense to me with the exception of the following.

This is my theory. It may be valid or not; you decide.

Is the Constitution alive and well ... or did it ever really exist?

There are those who believe there never existed a Constitution, in that it was never signed by any principal to the agreement; it was merely witnessed. That argument may have some legal currency under Contract Law; however, for our purposes, let us assume that there was and is a Constitution.

To understand our present day court system, we must examine first causes – the general nature of Emergency War Powers, martial law, and martial rule – to see how they operate, if in fact they do operate in our judiciary and why. Notice I didn’t say “justice system,” because if you want justice, go to church; you will not find it in our courts of law.

Characteristics of Emergency Powers

“Emergency Powers” means any form of military style government, martial law, or martial rule. Martial law and martial rule are not the same, as will be covered in greater detail.

NOTE: The term “emergency powers” is generic, as used herein.

Nations declare emergency powers under the Doctrine of Necessity when a crisis like war, riots, rebellion, financial collapse, possibly Y2K type crises, etc., occur, – crises that cannot be dealt with in a normal, peaceful manner. This has been the traditional manner of dealing with these emergency situations for several hundred years. Emergency powers are theoretically a temporary measure to deal with the specific event. When the crisis ends, emergency powers usually end as well. Only such has not been the case with the good ole United States.

Franklin Roosevelt declared emergency power in 1933 to deal with an alleged banking crisis in progress when he assumed the Presidency. In fact, the crisis was a figment of the Federal Reserve bankers’ imagination. They had embezzled most of the gold on deposit in their banks and were running scared

when they could not redeem the certificates for depositors, and they believed that by claiming the American people were hoarding gold, precipitating a banking crisis, they would then be off the hook. It suited Roosevelt’s plans as a socialist to implement his “New Deal” agenda. The crisis permitted him to seize control of the nation and maintain it by Executive Order (Martial Rule). So he accepted the Federal Reserve Board’s request, which amended the 1917 Wars Powers Act, giving the President license over all of the citizens of this country, rather than just an enemy. We became the enemy of our country under the language of the 1933 amended version of the 1917 War Powers Act, and as far as the federal government is concerned, we remain so to this day. It fits their purpose.

Congress returned from its annual recess and rubber-stamped Roosevelt’s Executive Orders, and the Federal power grab began. From that day to the present, the United States of America has been under emergency war. Presidents and the Congress, to maintain and justify the enormous growth in the power and socialist spending of the Federal government, have systematically exploited powers and its people.

The States cooperated with the Federal government because they benefited, right down to the County level, from a massive increase in their tax revenues and powers which were available to them only under these conditions. The real property of the individual citizenry could be taxed, as well as all personal property owned by the individual.

The gold or lawful coin of the United States having been removed from circulation set the stage for the fiat money of the Federal Reserve and the resultant income generated from its use in the form of tax on the people’s labor for the use of private money lenders. There being no constitutional currency, Congress made law embracing the notion that the Federal Reserve Notes were legal tender for all debts public and private, another violation of their duty to protect and defend the Constitution, as no Amendment has ever been passed permitting the use of anything other than Gold or Silver Coin as lawful currency.

Tendering a debt however, is not the same as paying the debt. The debt remains; it is merely tendered.

The area over which Emergency powers may be declared can cover part of a state (city or county), several states, or an entire nation, as is the case today.

The single most dominant feature of all emergency powers government is civil authority. Civil courts cease to exist, being replaced by courts with an appearance of legitimacy, but without the substance in the form of equity and admiralty.

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Court process and procedures are a mix of rules from previous lawful courts and military courts. Traffic courts, for example, are courts of summary court martial using military rules as applied to civilians. An example of this is seen when defining so-called “traffic infractions.” “Infraction” is not defined in most state codes, but is defined in “The Manual of Courts Martial” (1994) Section (4) along with the terms “contempt,” “appeal,” etc., and in other military source manuals. This by itself should tell us all something.

Emergency powers government varies in the degree of the emergency declared. The most extreme form is called Martial Law. The benign, less restrictive form is Martial Rule. Currently the U.S. is under the less restrictive form called Martial Rule.

Martial law puts all major resources in an emergency power jurisdiction – transportation, food, minerals, metals, communications, etc. – under direct control of the nation’s armed forces and its Commander-in-Chief, the President. A blizzard of Executive Orders have been issued, so that in the event the President declares a National Emergency, all resources and citizens come under the direct control of the Federal Emergency Management Agency (FEMA) and the severe Martial Law form of governance.

In its raw sense martial law governs via a democracy, never in a republic. “Military law” uses municipal law. Courts are draped with quasi-civil/military forms of law, evidenced by draped military standards in courtrooms, 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 back 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.

Evidences of Emergency Powers

First, 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, of course, 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 marshals and county sheriffs have been placed under control of the Guard since 1972. They are all under the control of Federal Emergency Management Agency, called the Multi-Jurisdictional Task Force,

which centralizes military and law enforcement power under the Federal government and the Commander-in-Chief, the President.

Though law enforcement officers may not know it, they are in fact a force occupying the land for the Federal government. Our own neighbors hold us the people hostage.

The reason why active duty Federal forces are stationed in all National Guard Armories is obvious – 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 recognizes only municipal law. So, states had to create municipal courts to punish “infractions” of Motor Vehicle Codes. Such courts fly the flag of the Commander-in-Chief (solid fringed flag), as they are really an arm or an 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 try only 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 any decision to resolve the case under Doctrines of Necessity. In such courts, the Constitution, Supreme Court decisions, and civil stare decisis are not permitted.

Under emergency powers the final authority is always the chief military commander, who in this nation is the Commander-in-Chief, i.e., the military office of the President of the United States. This accounts for Executive Order landslides since F.D.R., who first declared – openly – his seizure of Emergency Powers in March 1933, again, by Executive Orders. Executive Orders have the force and effect of law when published in the Federal Register, and by this means they become “Public Policy.”

Since under emergency powers there is no lawful, civil, or constitutional authority nor any lawful civil courts, neither can there be any lawful civil or administrative process. All emergency power process MUST BE DEFECTIVE in form, content, and authority when such process is compared to lawful Process and, defective as it is, it is valid in all cases except when abated.

Thus, all court appearances are VOLUNTARY, because the Process Rule is: ALL DEFECTS OF PROCESS ARE CURED BY “VOLUNTARY” APPEARANCE. Lawful or constitutional process has no bearing on the case. In other words, it does not matter how many errors one finds in process from emergency powers courts. If you appear, you inform the court that you

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have waived defects of process. Submission to defects in process waves the protection of fundamental rights.

There are many that believe that “special appearances” (by paper work, motions, etc.) nullify a court jurisdiction. Under emergency powers this is false doctrine. There is no remedy in challenging a court’s jurisdiction except by abating its process first.

Abatements are not a challenge to a court jurisdiction but merely a good faith attempt to correct errors in process: “Clear up the errors, Judge, and I’ll appear.” Special appearances fail when a judge knows what he’s doing. Under martial rule, judges do whatever they want, whenever they want, so long as they do 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 in the first place. Process is perfected by appearance, special or otherwise. Also, remember, the court is not the building, the judge, or anyone else; it’s the paperwork. If the court paperwork is defective, there is no court and it ceases to exist.

By necessity, field officers (judges, highway patrol, sheriffs, etc.) exercise powers of life and death to maintain authority given them by International Law that prohibits lawful civil authority or constitutional mandates. Such procedures are too timely and clumsy for military or quasi-military operations. In sum, constitutional and common law precedents are too restrictive of Federal, State, County, and City power. Further, military courts exercise “benefit of discussion” that gives a court jurisdiction as soon as a defendant answers a question or demands any response or action of a military court, such as Motion practice or Petitions for writ.

Arrest warrants and procedures do not conform to Constitutional law because they don’t have to if a defendant appears in person or by “special appearance” paperwork. Arrest warrants with a judge’s signature (black ink) and proper affidavits with true court seals are instruments of lawful process and cannot be used in emergency powers courts. Federal, State, County, and City emergency powers courts and other entities manipulate the English grammar to protect their own International law status. Thus, a state either writes its name as The State of Florida, (instead of Florida State) or in caps (instead of proper upper and lower case), or uses abbreviations such as FL, CA, TX, MT, KS, NY, NJ, and so on, all of which are misnomers and no names at all. International Law requires that neither party to a case, the State nor the person, can appear in their own name, but only under the nom de guerre (war name), as indicated by a name in all caps or one name with an abbreviation. This creates a “juristic personality” which grants jurisdiction to the Equity, Admiralty/Maritime courts.

Again, emergency powers courts have no lawful process because they have no lawful authority. All process by such courts is, therefore, defective because courts are forbidden to use lawful process unless and until voluntarily given to them.

The real irony is that the U.S. government, in cooperation with the States, created emergency powers courts to expand their power and increase revenue. But by doing so, they have themselves become vulnerable to lawful process.

Further, there is little they can do about it now without coming directly into conflict with International Law. This is why the United States government will never pull out of the United Nations, because the U.N. is the source of the United States’ authority to protect itself under International Law.

The point is that one who brings properly written lawful process against unlawful process must prevail.

Attorneys-at-law

One who hires an attorney-at-law cannot bring lawful process against an emergency powers court. Remember that attorneys are agents of the court and use only process allowed by the court that admitted the attorney to practice. All bar members are agents of emergency power courts, and most don’t even know it. One must therefore never hire an attorney to appear on a case in an emergency powers court because doing so makes one “non compos mentis” – i.e., not mentally competent – and automatically gives the court jurisdiction over ones’ self.

Arrest warrants with a judge’s signature (black ink), proper affidavits, and proper court seals, are lawful processes and cannot be used in emergency powers courts. That’s why such warrants as are being issued today are never proper.

What about the Constitution of the united States of America in all this? Without lawful process or authority, the Constitution is a dead letter, a façade manipulated at the Federal government’s whim, because lawful process itself is based on the Constitution and they are, thus, inter-dependent. In short, if one is gone, so must be the other. The government permits a defendant to raise constitutional defenses only when it suits their purposes and will not permit the defense when it is not in their best interest. For all intents and purposes, the Constitution is an illusion, kept by the government only as a pacifier for we the people, nothing more.

Lincoln set precedence for the subversion of the Constitution in the War Between the States in 1860 when he had printed non-interest money to

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support his declaration of war. His was the first “War Powers,” resurrected in 1917 and then again in 1933, and it has never been repealed since. The Federal government’s use of the Constitution comes down to this: if Constitutional cites fit a Federal need, they are used; if the Constitution or precedent does not fit, it is ignored. In other words, the Constitution is optional to the Federal government, because after all, you answer to the “Juristic Personality” name, spelled in all capital letters, placing you in Equity jurisdiction without the protection of the Constitution.

This is why so many Supreme Court decisions (“Right to Privacy” cases, abortion rights, Social Security, etc.), for which there are no Constitutional precedents, are made under the Doctrine of Necessity.

A “social agenda” is impossible without Doctrines of Necessity and International Law to justify the imposition of emergency powers as a first priority.

Remember that there was no Federal Social Security before passage of the International Labor Organizations Treaty (1935). This Treaty mandated a social consciousness and enfranchisement of the masses. This process of Socialism began with the massive entitlements programs the people are burdened with today.

A hidden Constitutional problem for Americans under emergency powers is that all Constitutional Rights become “privileges” that, by necessity and International law, can be given or taken away at whim.

Thus, in California v. Simpson, when Mark Fuhrman was called to testify about the infamous tapes, etc., he replied to all questions with: “I wish to assert my Fifth Amendment ‘privilege.’” Note that Furhman asserted no right, only a privilege, using words given him by his attorney/agent of an emergency power court. Privileges, being removable at the whim of the Commander-in- Chiefs, tells us why Congress feels so free to modify Constitutional Rights such as those in the Second Amendment, i.e., gun ownership, etc.

The remaining question is how are emergency powers and martial law, or martial rule, terminated?

Emergency powers are terminated in only three ways:

1. A Commander-in-Chief can terminate emergencies by Executive Orders. The emergency then ends on a specific date and time. But a lawful civil authority must exist (UN?) to which he may cede authority. The past ten Presidents have not seen the need to return the country back to the people, and I don’t hold out much hope of there ever being a President of that caliber who would do his duty.

2. If conquered by another, the conquering power can terminate emergency powers by its own Executive Order or decree. This point deserves some expanded discussion for reasons that will become clear below. Remember, the U.S. is, by International Law and Supreme Court decisions,

a “foreign principal” with respect to the States. Further, Title II of the United States Code, the Congress, is not positive law, only Resolution. This means that a Title (USC) stands only until it is successfully challenged in the courts. Why is this? Did not the Congress abandon without proper recess the first Session during Lincoln’s administration in 1860? Does this not tell us why the U.S. flag flies over all state flags since F.D.R.’s Executive Orders on September 9, 1933? And is this not a sign of conquest over the states and the people when taken in conjunction with the changes in the “Trading with the Enemy Act” (1917) as amended 1933, language supplied him by the Federal Reserve Inc.?

3. The people, if they restore lawful civil courts, processes, and procedures under authority of “inherent political powers” and re-establish proper, civil and “de jure” government, can terminate the emergency.

Abatements are a primary tool in achieving a peaceful and lawful restoration of godly authority to this nation. You can see why abatements are one of the most important tools the people have. If the people lawfully resist any submission to emergency power courts, process and procedure, and respond to unlawful paperwork with lawful process, emergency powers are nullified, and become null and void, ab initio.

A question that may occur is: if the people restore lawful process and procedure, how do they restore lawful authority in the courts?

The answer is, by re-forming lawful jural societies, using remedies provided in the Bible, Christianity, common law, and assizing courts/juries in conjunction with the grand jury where necessary.
On the subject of Biblical Law, we cannot forget that it is still

law and adopted as such by many states of the union. In Old Testament law we find not just our moral law but also God’s rules of restitution and the standard of law on which the common law is based. Common law grew out of English, medieval ecclesiastical courts, where the people had no access to the Kings’ Bench. In the Christian churches the people found true justice based on the Bible. More importantly, common law connects the Bible with the Constitution of the United States of America and We the People.

CAUTION

Federal, State, County, and City governments will not
– repeat, not – assist the people in restoring common law and the Constitution. It is not in their best interest to do so. The entire system of welfare, income and property taxes, codes, ordinances,

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rules, regulations, and bureaucracy, would cease to exist in the blink of an eye within the States.

The People and Citizens of this Nation were forewarned against the formation of democracies. “Democracies have ever been the spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.” (Federalist Papers No. 10; also see: The Fredrick Bastiat: Code Of Professional Responsibility, Preamble.)

This alien constitution financed and engineered by Rockefeller, however, has nothing to do with democracy in reality, but is the basis of and for the development of a despotic and tyrannical oligarchy.

The “Constitution for the New States of the United States,” Article I, “Rights and Responsibilities,” Sections 1 and 15, is evidence of their knowledge of the “emergency.” The Rights of expression, communication, movement, assembly, petition, and Habeas Corpus are all excepted from being exercised under and in a “declared emergency.” The Constitution for the New states of America openly declares, among other seditious things and delusions, that “Until each indicated change in the government shall have been completed, the provisions of the existing constitution and the organs of government shall be in effect.” (Article XII, Section 3) “All operations of the national government shall cease as they are replaced by those authorized under this constitution.” (Article XII, Section 4)

This is apparently what former Justice Warren Burger was promoting in 1976 after he resigned as a Supreme Court Justice and took up the promotion of a “constitutional convention.” No trial by jury is mentioned, “just” compensation has been removed along with being informed of the “nature and cause of the accusation,” etc., etc., and every one will participate in the “democracy.” This constitution is but a reiteration of communist doctrines, ideology, intents and purposes and clearly establishes a “police power” state, under the direction and control of a self-appointed oligarchy.

The present operation of the de facto government in the United States is under foreign/alien constitutions, laws, rules and regulations. The plan to overthrow the “essential engine” declared in and by the ordained and established Constitution for the United States of America (1787) and by and under the “Bill of Rights” (1791) is obvious. The covert procedure used to implement and enforce these foreign constitutions, laws, procedures, rules, regulations, etc., have been and continue to be collected, assimilated and acted upon. The overwhelming body of evidence establishes seditious collusion and conspiracy of its actors.

The Government is supposed to set the example that we the Citizens are required to emulate. When the Government breaks the law, then there

exists no law; we have anarchy. That, I am afraid, is the state of the Union as of today. In the famous case Elkins Et Al v. United States (364 U.S. 206), the Supreme Court, in reinforcing judicial integrity, stated:

“In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our Government is the potent, the omnipresent teacher. For good or ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law, it invites every man to become a law unto himself, and it invites anarchy.”

Perhaps the words “invites anarchy,” used by Justice Brandeis, should say, “invokes the responsibility of the people,” by whatever steps necessary, to force its agent, the government, into compliance with the law. It is possible that in Justice Brandeis’ day he was correct, but that was a simpler time and the government had not loosed the chains that the Constitution bound it down with. Unfortunately the federal judiciary has opted out of the separation of powers requirement of the Constitution and now has become self-regulating. It has not worked and it never will.

The courts do not maintain their independence as a judiciary. The system elevates judges above the law. Our courts are no longer courts of justice or a bastion of freedom. They became the Executive’s tools with the passage of the War Powers Act of 1933. The judges are little more than organized crime families who have invaded the people’s court and now only impersonate judges and give lip service to justice by exchanging obfuscation and sophistry in place of a justice system, void of any form of judicial integrity. Enforcing judicial standards on judges under this system is impossible. Even though the court has rules, the judges make up their own rules as they go or break the rules with impunity whenever it is convenient for them to do so. There is much ado about trying alleged terrorists in a Military Tribunal or a Civil Court system. I can assure you that today’s federal court is in fact a military tribunal (Admiralty) and the way or method the “terrorists” will be treated is substantially the same in both venues. In fact they probably have more due process than we do because of media scrutiny.

Our patience and tolerance as the body politic of America for those who pervert the fundamentally necessary and basic foundations of society has been pushed to insufferable levels. These acts have fundamentally changed the form and substance of the guaranteed republican form of government envisioned by the framers of the Constitution. These individuals and organizations have exhibited a willful and wanton disregard for the rights, safety and property of others.

They have evinced a despotic design to reduce the American people to slavery, peonage, and involuntary servitude, under a fraudulent, tyrannical,

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seditious foreign oligarchy, whose intent and purpose is to institute, erect, and form a dictatorship over the Citizens and our posterity.

When the founding fathers of our Republic decided to sever their relationship with the English Crown, they felt it important that the world community of nations understand the reasons for their declaration of independence. If we were to list our reasons today, they would be very similar to those of our forefathers.

Statement of Grievances

They have completely debauched the lawful monetary system, destroyed the livelihood and lives of thousands, aided and abetted our enemies by trading atomic secrets for campaign contributions, declared war upon us and our posterity, destroyed untold families and embraced the destruction of our unborn through legalized abortion. They have afflicted widows and orphans; peopled sodomites loose among our young and in public office; and implemented foreign laws, rules, regulations, and procedures by the treaties of the United Nations, North American Free Trade Agreement and General Agreement on Trade and Tariff, within the body of the country. They have incited insurrection of the races, rebellion, sedition, and anarchy within the de jure society; illegally entered our land; taken false oaths; entered into seditious foreign constitutions, agreements, confederations, and alliances, all under pretense of “emergency” which they themselves created, promoted; and, further, they have formed a multitude of administrative offices and filled them with those of alien allegiance to execute their frauds and to eat out the sustenance of the good and productive people of this land. They have arbitrarily dismissed charges against or held mock trials for those who trespassed upon our Life, Liberty and Property. They have engineered and profited from drug trafficking, which has had the effect of destabilizing the American family and endangered our Peace, Safety, Welfare, and Dignity as a people. Amendment V of the Constitution for the United States of America (1787), is consistently and arrogantly ignored in one form or another. Numerous High Crimes and misdemeanors have been committed under the Constitution for the United States of America and our Laws made in Pursuance thereof, against the Peace and Dignity of the People.

The federal government has become to “We the People” of today what the British crown was to our forefathers. The damage, injury and costs have been higher than mere money can ever repay. They have done what they were commanded by the Constitution never to do, and the time for reckoning is fast approaching. The body of evidence is overwhelming to support any

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as cause for revolution.

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, having its foundations on such principles and organizing its powers in such form, as to them shall most likely to effect their Safety and Happiness.” – Declaration of Independence, 1776

My hope is that you now understand the gravity of our present situation as a Nation. We are in deep trouble, and the only way out is to fight this “New World Order.” We must not support those in favor of its creation. We must fight their laws in court whenever we see evidence that it is rearing its ugly head and as a last resort, if the Courts are so corrupted, in the streets.

If we permit these stooges of the internationalists, like senators Schumer and Clinton of New York, to ban guns in this country, then what happened in Nazi Germany and most recently in Kosovo will surely happen in America. The fact that there exist over 200 million guns in this country scares the daylight out of them. The only gun control we need is to hit what we shoot at, and I think I have illuminated for you a target-rich environment. We, as the guardians of our Republic, must in very short order take back from this de facto government our Court of Common Law by the creation of jural societies. The balance of our freedoms will follow once we again control the courts and justice is available to us all without purchase. If we cannot achieve our freedom by the rule of law, then the alternative is force of arms. That is the way it has always been. I prefer the rule of law, but what will be, will be.