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CNN LAW |  |
Instructions For Replying to Our FOIA |  |
Instructions for Responding to
Our FOIA Request to You Click Below
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 | "offenses against the laws of nations" |
The meaning of "offenses against the laws of nations"
by Jon Roland, Constitution Society
Art. I Sec. 8 Cl. 10 of the Constitution for the United States delegates the
power to Congress to "define and punish ... Offenses against the Laws of
Nations". It is important to understand what is and is not included in the
term of art "laws of nations", and not confuse it with
"international law".
They are not the same thing. The phrase "laws of nations" is a direct
translation of the Latin "jus gentium", which means the underlying
principles of right and justice among nations, and during the founding era
was not considered the same as the "laws", that is, the body of
treaties and
conventions, between nations, the "jus inter gentes", which is
"international law". The distinction goes back to Roman Law.
Briefly, the Laws of Nations at the point of ratification in 1789 included
the following general elements, and prosecution of those who might violate
them:
(1) No attacks on foreign nations, their citizens, or shipping, without
either a declaration of war or letters of marque and reprisal.
(2) Honoring of the flag of truce, peace treaties, and boundary treaties.
(3) Protection of wrecked ships, their passengers and crew, and their cargo,
from depredation by those who might find them.
(4) Prosecution of piracy by whomever might be able to capture the pirates,
even if those making the capture or their nations had not been victims.
(5) Care and decent treatment of prisoners of war.
(6) Protection of foreign embassies, ambassadors, and diplomats, and of
foreign ships and their passengers, crew, and cargo while in domestic waters
or in port.
(7) Honoring of extradition treaties for criminals who committed crimes in a
nation with whom one has such a treaty who escape to one's territory or are
found on the high seas.
And, although it was not yet firmly established with all nations in 1789,
(8) Prohibition of enslavement of foreign nationals and international
trading in slaves.
No subsequent additions to the "laws of nations" could have the effect
of
expanding the delegated powers under the Constitution. Ratification froze
those powers at the moment of ratification. Only the amendment procedures
provided under the Constitution can add to, subtract from, or modify them.
Some confusion on whether a treaty could confer additional powers on
government was introduced by the opinion in Missouri v. Holland, 252 U.S.
416 (1920), which held that a migratory bird treaty with Canada enabled the
national government to regulate the protection and harvesting of migratory
birds within the United States, even though without the treaty the national
government would not have the power to do so. This contradicts the ancient
Law of Agency whereunder an agent, in this case federal officials, may not
acquire new powers from the exercise of a power, but only by delegation from
the principal. However, the opinion may also be read to say that it is only
state governments that are required by a treaty to exercise their already
delegated powers, and that federal courts have appellate jurisdiction over
cases of state compliance with federal treaties.
The case law was further muddied by the opinion in the case of United States
v. Belmont, 301 U.S. 324 (1937), which held that executive agreements are
entitled to the same constitutional authority as treaties in the relation
between the states and the federal government, and that the supremacy clause
makes both treaties and executive agreements supreme over state power as to
the subjects covered by them. This decision has given rise to alarm by civil
libertarians, because there is no congressional approval required for
executive agreements, much less the two-thirds vote of the Senate required
for treaties, or the ratification by three-fourths of the states required
for constitutional amendments. By this reasoning, the president acting in
collusion with any foreign government could effectively eliminate states
except as voting districts.
Based on these precedents, then Secretary of State John Foster Dulles
promulgated what some call the "Dulles Doctrine" that treaties,
executive
agreements, and votes in the United Nations, could effectively amend the
U.S. Constitution and expand the powers of the federal government without
limit.
However, this misunderstanding about whether the constitution could be
amended through the making of treaties was denied in the case of Reid v.
Covert, 354 U.S. 1 (1957):
"This court has regularly and uniformly recognized the supremacy of the
constitution over a treaty" [Reid, at p. 17].
"... when a statute which is subsequent in time is inconsistent with a
treaty, the statute to the extent of conflict, renders the treaty null."
[Reid, supra, citing Geofroy v. Riggs, 133 U.S. 238, at p. 267]
"No agreement with a foreign nation (no exec. orders, no Pres. directives,
no "accords" etc.) can confer power on Congress or any other branch of
government, which is free from the restraints of the constitution" [Reid,
supra].
Despite the decision in Reid v. Covert, however, the dominant faction in the
federal government continues to maintain the Dulles Doctrine, arguing that
Reid only applied to infringements on rights recognized in the Constitution,
and did not prevent expansion of federal powers through treaty, even though
one of the fundamental rights recognized in the Tenth Amendment was the
right not to have government exercise powers not delegated to it.
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 | Executive Branch Review Conference ~ Federalist Society |
 |
|
Second Annual Executive Branch
Review Conference
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A key element of the
Practice Groups' Executive
Branch Review project is our
annual conference. This
year's Executive Branch
Review Conference is
scheduled for Wednesday, May
7th as a full day conference
at the Mayflower Hotel in
Washington, D.C.
Please put the date on your
calendar and plan to attend.
Look for registration
information soon!
We will offer up to 4 CLE
credits for this conference.
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Contact the Mayflower
Hotel directly for room
reservations at 202-347-3000.
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Hon.
Tom Cotton
U.S.
House of Representatives, AR
9:00
- 9:30 a.m.
Opening
Address
|
Hon.
Ted Cruz
U.S.
Senate, TX
2:15
- 3:00 p.m.
Closing
Address
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9:00
a.m. - 9:30 a.m.
Welcome
& Opening Address
- Hon.
David M. McIntosh, Partner,
Mayer Brown LLP and Vice-Chairman,
Board of Directors, The Federalist
Society
- Hon.
Tom Cotton, U.S. House of
Representatives, Arkansas
9:30
a.m. - 10:45 a.m.
Suspension
of Laws: What are the Limits of
Executive Authority?
- Ms.
Brianne Gorod, Appellate
Counsel, Constitutional
Accountability Center
- Prof.
Nicholas Quinn Rosenkranz, Georgetown
University Law Center
- Prof.
Jonathan R. Turley, J.B. and
Maurice C. Shapiro Professor of
Public Interest Law; Director of the
Environmental Law Advocacy Center;
Executive Director, Project for
Older Prisoners, The George
Washington University Law School
9:30
a.m. - 10:45 a.m.
Policy
without Process?
- Prof.
Jonathan H. Adler, Johan Verheij
Memorial Professor of Law; Director,
Center for Business Law and
Regulation, Case Western Reserve
University School of Law
- Hon.
Susan E. Dudley, Research
Professor of Public Policy and
Public Administration and Director,
Regulatory Studies Center, The
Trachtenberg School of Public Policy
and Public Administration,The George
Washington University
- Mr.
William L. Kovacs, Senior Vice
President, Environment, Technology
& Regulatory Affairs, U.S.
Chamber of Commerce
- Prof.
Stephen I. Vladeck, Professor of
Law and Associate Dean for
Scholarship, American University
Washington College of Law
11:00
a.m. - 12:20 p.m.
Disparate
Impact Analysis
- Hon.
Gail Heriot, Professor of Law,
University of San Diego School of
Law and Commissioner, U.S.
Commission on Civil Rights
- Mr.
Adam Liptak, Supreme Court
Correspondent, The New York Times
- Hon.
Peter N. Kirsanow, Partner,
Benesch, Friedlander, Coplan &
Aronoff LLP and Commissioner, U.S.
Commission on Civil Rights and
former Member, National Labor
Relations Board
11:00
a.m. - 12:20 p.m.
The
Internal Revenue Service
- Mr.
Michael A. Carvin, Partner,
Jones Day
- Dr.
John C. Eastman, Henry Salvatori
Professor of Law & Community
Service, Chapman University School
of Law
- Dr.
Craig Holman, Government
Affairs Lobbyist, Public Citizen
11:00
a.m. - 12:20 p.m.
The
Contraceptive Mandate
- Mr.
Kyle Duncan, Duncan PLLC
- Ms.
Elizabeth B. Wydra, Chief
Counsel, Constitutional
Accountability Center
12:30
p.m. - 2:00 p.m.
Luncheon
Panel
Executive
Power and the Role of the Coordinate
Branches
- Prof.
Steven G. Calabresi, Class of
1940 Professor of Law, Northwestern
University School of Law and
Chairman, Board of Directors, The
Federalist Society
- Hon.
Charles J. Cooper, Partner,
Cooper & Kirk, PLLC and former
Assistant U.S. Attorney General,
Office of Legal Counsel
- Prof.
William N. Eskridge, Jr., John
A. Garver Professor of
Jurisprudence, Yale Law School
- Prof.
Neomi Rao, Assistant Professor
of Law, George Mason University
School of Law
2:15
p.m. - 3:00 p.m.
Keynote
Address
- Hon.
Ted Cruz, U.S.Senator, Texas
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 | A Treatise of the Court of Star Chamber |


"I will make a Star-Chamber matter
of it!"
—Shakespeare, The
Merry Wives of Windsor. I.i., 414.
|
STAR
CHAMBER, the name given in the 15th, 16th and 17th centuries to an English
court of justice. The name is probably derived from the stars with which the
roof of the chamber was painted; it was the camera
stellata.
The origin and early history of the court are somewhat obscure. The curia
regis of the 12th century,
combining judicial, deliberative and administrative functions, had thrown off
several offshoots in the Court
of King's Bench and other
courts, but the Crown never parted with its supreme jurisdiction. When in the
13th century the King's Council became a regular and permanent body, practically
distinct from parliament, this supreme jurisdiction continued to be exercised by
the King in council. As the ordinary courts of law became more important and
more systematic, the indefinite character of the council's jurisdiction gave
rise to frequent complaints, and efforts, for the most part fruitless, were made
by the parliaments of the 14th century to check it. The equitable jurisdiction
of the Chancellor, which grew up during the reign of Edward III like the courts
of law under Henry II, was derived from this supreme judicial power, which was
yet unexhausted.
It is in the reign of Edward
III, after an Act of 1341, that we first hear of the Chancellor, Treasurer,
Justices and other members of the King's Council exercising jurisdiction in the
old chamber, or chambre de
estoiles, at Westminster. In Henry
VI's reign one Danvers was acquitted of a certain charge by the council in
the camera stellata.
Hitherto such acts of parliament as had recognized this jurisdiction had done so
only by way of limitation or prohibition, but in 1453, about the time when the
distinction between the ordinary and the Privy Council first became apparent, an
act was passed empowering the Chancellor to enforce the attendance of all
persons summoned by the Privy Seal before the King and his Council in all cases
not determinable by Common
Law. At this time, then, the jurisdiction of the Council was recognized as
supplementary to that of the ordinary courts of law. But the anarchy of the Wars
of the Roses and the decay
of local justice, owing to the influence of the great barons and the turbulence
of all classes, obliged parliament to entrust wider powers to the Council. This
was the object of the famous Act of 1487, which was incorrectly quoted by the
lawyers of the Long
Parliament as creating the
Court of Star Chamber, which was in reality of earlier origin.
The Act of 1487 (3 Hen. VII.) created a court composed of seven persons, the
Chancellor, the Treasurer, the Keeper of the Privy Seal, or any two of them,
with a bishop, a temporal lord and the two chief justices, or in their absence
two other justices. It was to deal with cases of "unlawful maintainance,
giving of licences, signs and tokens, great riots, unlawful assemblies"; in
short with all offences against the law which were too serious to be dealt with
by the ordinary courts. The jurisdiction thus entrusted to this committee of the
council was not supplementary, therefore, like that granted in 1453, but it
superseded the ordinary courts of law in cases where these were too weak to act.
The act simply supplied machinery for the exercise, under special circumstances,
of that extraordinary penal jurisdiction which the council had never ceased to
possess. By an act of 1529 an eighth member, the President of the Council, was
added to the Star Chamber, the jurisdiction of which was at the same time
confirmed. At this time the court performed a very necessary and valuable work
in punishing powerful offenders who could not be reached by the ordinary courts
of law. It was found very useful by Cardinal
Wolsey, and a little later Sir Thomas Smith says its object was "to
bridle such stout noblemen or gentlemen who would offer wrong by force to any
manner of men, and cannot be content to demand or defend the right by order of
the law."

It
is popularly supposed that the star chamber, after an existence of about fifty
years, disappeared towards the end of the reign of Henry
VIII, the powers obtained by the Act of 1487 being not lost, but reverting
to the Council as a whole. This may have been so, but it is more probable that
the Star Chamber continued to exist side by side with the Council, and the two
bodies were certainly separate during the latter part of Elizabeth's
reign. The Act of 1540, which gave the King's proclamation the force of law,
enacted that offenders against them were to be punished by the usual officers of
the council, together with some bishops and judges "in the Star Chamber or
elsewhere." It is difficult, if not impossible, to draw a clear distinction
between the duties of the Privy Council and the duties of the Star Chamber at
this time, although before the abolition of the latter there was a distinction
"as to their composition and as to the matters dealt with by the two
courts." During the reign of Elizabeth, Sir Thomas Smith remarks that
juries misbehaving "were many times commanded to appear in the Star
Chamber, or before the Privy Council for the matter." The uncertain
composition of the court is well shown by Sir Edward Coke, who says that the
Star Chamber is or may be compounded of three several councils: (i) the Lords
and others of the Privy Council; (2) the judges of either bench and the barons
of the Exchequer; (3) the Lords of Parliament, who are not, however, standing
judges of the court. William Hudson (d. 1635), on the other hand, considers that
all peers had the right of sitting in the court, but if so they had certainly
given up the privilege in the 17th century.
The jurisdiction of the Star Chamber was as vague as its constitution. Hudson
says it is impossible to define it without offending the supporters of the
prerogative by a limitation of its powers, or the lawyers by attributing to it
an excessive latitude. In practice its jurisdiction was almost unlimited. It
took notice of riots, murder, forgery, felony, perjury, fraud, libel and
slander, duels and acts tending to treason, as well as of some civil matters,
such as disputes about land between great men and corporations, disputes between
English and foreign merchants, and testamentary cases; in fact, as Hudson says,
"all offences may be here examined and punished if the King will." Its
procedure was not according to theCommon
Law. It dispensed with the encumbrance of a jury; it could proceed on rumour
alone; it could apply torture; it could inflict any penalty but death. It was
thus admirably calculated to be the support of order against anarchy, or of
despotism against individual and national liberty.
During the Tudor period it appeared in the former light, under the Stuarts in
the latter. Under the Tudors, as S. R. Gardiner says, it was "a tribunal
constantly resorted to as a resource against the ignorance or prejudices of a
country jury," and adds that "in such investigations it showed itself
intelligent and impartial." Under James
I and Charles
I all this was changed; the
Star Chamber became the great engine of the royal tyranny. Hateful and excessive
punishments were inflicted on those brought before the court, notable among whom
were Prynne, Bastwick and Burton, and the odium which it gathered around it was
one of the causes which led to the popular discontent against Charles I. As it
became more unpopular its jurisdiction was occasionally questioned. An example
of this kind occurred in 1629, but the barons of the Exchequer who heard the
case declared that the Star Chamber was created many years before the statute of Henry
VII and that it was
"one of the most high and honourable courts of justice."
It was abolished by an act of parliament of July 1641. In 1661 a committee of
the House of Lords reported "that it was fit for the good of the nation
that there be a court of like nature to the Star Chamber"; but nothing
further was done in the matter.
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Posted by editor on Tuesday, May 28 @ 05:55:12 MST (4525 reads)
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 | What is a Militia, as Penned to Paper in Virginia Law |
What is a Militia, as Penned to Paper and Sanctioned by the Commonwealth of
Virginia and the US Government
What is a Militia, as Penned to Paper and Sanctioned by the Commonwealth of
Virginia and the US Government

Mouse over the red coat and click to get in PDF
§ 44-1. Composition of militia. — The
militia of the Commonwealth of Virginia shall consist of all able-bodied
residents of the Commonwealth who are citizens of the United States and all
other able-bodied persons resident in the Commonwealth who have declared their
intention to become citizens of the United States, who are at least 16 years of
age and, except as hereinafter provided, not more than 55 years of age. The
militia shall be divided into four
classes: the National Guard, which includes the Army National Guard and
the Air National Guard; the Virginia Defense Force; the naval militia; and the
unorganized militia. (1930, p. 948; 1942, p. 642; Michie Code 1942,
§ 2673(1); 1944, p. 24; 1958, c. 393; 1970, c. 662; 1973, c. 401; 1976, c. 399;
1979, c. 647; 1984, c. 765; 1989, c. 414; 2011, cc. 572, 586.)Virginia Code §
44-1.

§ 44-4. Composition of unorganized
militia. — The unorganized
militia shall consist of all able-bodied persons as set out in § 44-1, except
such as may be included in §§ 44-2, 44-3, and 44-54.6, and except such as may
be exempted as hereinafter provided. (1930, p. 949; Michie Code 1942, §
2673(4); 1970, c. 662; 1973, c. 401; 1984, c. 765.) Virginia Code § 44-4.

§ 44-114.1. Orders transmitted to and through the Governor. — All
orders from the federal government or any of its officers, agencies or
departments to the state militia of Virginia, including the National Guard, the
naval militia, and the unorganized
militia which relate to the call, induction, drafting of Virginia state
troops of any type or description, into the federal service for active duty or
otherwise and withdrawing them from the control of the Governor of Virginia
shall be first transmitted to and through the Governor of Virginia. The
Governor, as commander in chief of the state militia, shall not approve, consent
to, or concur in any such order which has not been transmitted as herein
required. (1958, c. 540, § 1.) Virginia Code § 44-114.1.

§ 44-115. Custom and usage of United States army, air force and navy;
applicability of § 44-40 and Article 4 of this chapter. — All matters
relating to the organization, discipline and government of the Virginia National
Guard, not otherwise provided for by law or by regulations, shall be decided by
the custom and usage of the United States army, air force or navy, as
appropriate. In addition, all members of the Virginia Defense Force, the naval
militia, and the unorganized militia
on state active duty shall be subject to military discipline. Infractions of
military discipline shall be punishable under the provisions of § 44-40 and
Article 4 (§ 44-42 et seq.) of this chapter. (1930, p. 970; Michie Code 1942,
§ 2673(100); 1964, c. 227; 1984, c. 765; 1989, c. 414; 2011, cc. 572, 586.)
Virginia Code § 44-115.
Title 44 Military and Emergency Laws
Chap. 1 Military Laws of Virginia, §§ 44-1 — 44-122
Art. 8 Unorganized Militia,
§§ 44-85 — 44-90
§ 44-85. Regulations and penalties. — Whenever any part of the unorganized
militia is ordered out, it shall be governed by the same rules and
regulations and be subject to the same penalties as the National Guard or naval
militia. (1930, p. 965; Michie Code 1942, § 2673(71).) Virginia Code § 44-85.
§ 44-86. When ordered out for service. — The commander in chief may at
any time, in order to execute the law, suppress riots or insurrections, or repel
invasion, or aid in any form of disaster wherein the lives or property of
citizens are imperiled or may be imperiled, order out the National Guard and the
inactive National Guard or any parts thereof, or the whole or any part of the unorganized
militia. When the militia of this Commonwealth, or a part thereof, is
called forth under the Constitution and laws of the United States, the Governor
shall order out for service the National Guard, or such part thereof as may be
necessary; and he may likewise order out such a part of the unorganized
militia as he may deem necessary. During the absence of organizations of
the National Guard in the service of the United States, their state designations
shall not be given to new organizations. (1930, p. 965; Michie Code 1942, §
2673(72); 1958, c. 393.) Virginia Code § 44-86.
§ 44-87. Manner of ordering out for service. — The Governor shall,
when ordering out the unorganized
militia, designate the number to be so called. He may order them out
either by calling for volunteers or by draft. (1930, p. 965; Michie Code 1942,
§ 2673(73); 1944, p. 25; 1958, c. 393; 1984, c. 765.) Virginia Code § 44-87.
§ 44-88. Incorporation into the Virginia Defense Force. — Whenever the
Governor orders out the unorganized
militia or any part thereof, it shall be incorporated into the Virginia
Defense Force until relieved from service. (1944, p. 25; Michie Suppl. 1946, §
2673(73); 1984, c. 765; 2011, cc. 572, 586.) Virginia Code § 44-88.
§ 44-89. Draft of unorganized
militia. — If the unorganized
militia is ordered out by draft, the Governor shall designate the persons
in each county and city to make the draft, and prescribe rules and regulations
for conducting the same. (1930, p. 965; Michie Code 1942, § 2673(74).) Virginia
Code § 44-89.
§ 44-90. Punishment for failure to appear. — Every member of the
militia ordered out for duty, or who shall volunteer or be drafted, who does not
appear at the time and place ordered, shall be liable to such punishment as a
court-martial may direct. (1930, p. 965; Michie Code 1942, § 2673(75); 1958, c.
393.) Virginia Code § 44-90.
Oath of National Guard officers. — Commissioned officers of the
National Guard shall take and subscribe to the following oath of office:
"I ____________________ do solemnly swear that I will support and defend
the Constitution of the United States and the Constitution of the Commonwealth
of Virginia, against all enemies, foreign and domestic; that I will bear true
faith and allegiance to the same; that I will obey the orders of the President
of the United States and of the Governor of the Commonwealth of Virginia; that I
make this obligation freely, without mental reservation or purpose of evasion,
and that I will well and faithfully discharge the duties of the office of
________________ in the National Guard of the United States and of the
Commonwealth of Virginia, upon which I am about to enter; so help me God."
(1930, p. 954; Michie Code 1942, § 2673(22); 1958, c. 393.) Virginia Code §
44-32.
§ 44-32.1. Administration of oaths of office and enlistment. — Any
duly commissioned officer or warrant officer of the Virginia National Guard or
any commissioned officer of any of the armed services of the United States may
administer the oaths of office and enlistment to prospective officers and
enlisted personnel desirous of becoming members of the Virginia National Guard
and the National Guard of the United States. Any duly commissioned officer of
the Virginia Defense Force, when called into service by the Governor, may
administer oaths to prospective officers and enlisted personnel desirous of
becoming members of the Virginia Defense Force. (1947, p. 143; Michie Suppl.
1948, § 2673(22a); 1958, c. 393; 1979, c. 647; 2011, cc. 572, 586.) Virginia
Code § 44-32.1.
§ 44-39. Uniforms, arms and equipment. — The National Guard shall,
as far as practicable, be uniformed, armed, and equipped with the same type of
uniform, arms, and equipment as are or shall be provided for the armed forces of
the United States. (1930, p. 955; Michie Code 1942, § 2673(29); 1958, c. 393.)
Virginia Code § 44-39.
§ 44-40.1. Persons subject to the Virginia military laws. — All
members of the Virginia National Guard are subject to the military laws of
Virginia when under orders to be present for duty under Title 32 of the United
States Code or while in a state active duty status. (1976, c. 399; 2011, cc.
572, 586.) Virginia Code § 44-40.1.
§ 44-50. How process and sentence executed. — All processes and
sentences of any of the military courts of this Commonwealth shall be executed
by any sheriff, deputy sheriff, sergeant, or police officer into whose hands the
same may be placed for service or execution, and such officer shall make return
thereof to the officer issuing or imposing the same. Such service or execution
of process or sentence shall be made by such officer without tender or
advancement of fee therefor, but all costs in such cases shall be paid from
funds appropriated for military purposes. The actual necessary expenses of
conveying a prisoner from one county or city in the Commonwealth to another,
when the same is authorized and directed by the Adjutant General of the
Commonwealth, shall be paid from the military fund of the Commonwealth upon a
warrant approved by the Adjutant General. (1930, p. 957; Michie Code 1942, §
2673(40); 1958, c. 393; 1976, c. 399.) Virginia Code § 44-50.
Text in effect from and after July 1, 2011
Title 44 Military and Emergency Laws
Chap. 1 Military Laws of Virginia, §§ 44-1 — 44-122
Art. 4.2 Virginia Defense Force, §§ 44-54.4 — 44-54.12
§ 44-54.6. Members, appointment and enlistment. — The age
limitations of § 44-1 to the contrary notwithstanding, the Virginia Defense
Force shall consist of:
1. Such volunteers who of their own volition agree to service in conformity
with regulations prescribed by the Adjutant General who are (i) residents of
the Commonwealth or any contiguous state, (ii) at least 16, provided that any
volunteer under the age of 18 shall have the written consent of at least one
parent or guardian, and (iii) less than 65 years of age may join the Virginia
Defense Force.
2. Such persons of the unorganized
militia who may be drafted to fill the force structure of the Virginia
Defense Force or who may be ordered out for active duty until released from
such service.
The Adjutant General may, on a case-by-case basis, authorize volunteer
members of the Virginia Defense Force to be retained beyond age 65 to age 75.
The officers of the Virginia Defense Force shall be appointed by the Governor
in conformity with regulations prescribed by the Adjutant General.
Enlisted members shall be enlisted and retained in conformity with
regulations prescribed by the Adjutant General. (1989, c. 414; 1996, c. 70;
2011, cc. 572, 586.) Virginia Code § 44-54.6.
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Posted by david on Thursday, February 21 @ 04:08:05 MST (4924 reads)
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 | Thomas Jefferson On the Failure to Treat Law As A Science |
Thomas Jefferson On the Failure to Treat Law As A Science; www.uarf.us
Thomas Jefferson On the Failure to Treat Law As A Science
"The exclusion from the courts of the malign influence of all
authorities after (King George III’s ascendency) would uncanonize Blackstone,
whose book, although the most elegant and best digested law catalouge, has been
perverted more than all others, to the degeneracy of legal science.
Jefferson
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Blackstone
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Tyler
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A student finds there is a smattering of everything, and his indolence
easily persuades him that if he understands that book, he is master of the whole
body of law. The distinction between these, and those who have drawn their
stores from the rich mines of Coke and Littleton, seems well understood even by
the unlettered common people, who apply the appellation of ‘Blackstone lawyers’
to those ephemeral insects of the law." (Thomas Jefferson to Judge John
Tyler, 1812).

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Posted by Editor on Saturday, February 02 @ 10:35:53 MST (3672 reads)
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 | The Ancient ‘Science’ of law has been forgotten. |
uarh.us The Science of Law
The Ancient ‘Science’ of law has been forgotten. To get a the picture of
how the Congress, the President and the Courts have and are failing us you need
to read the work of St. George Tucker.
 |
- Home to
prominent Williamsburg officer and judge
- Rambling and
graceful wooden structure
- Home
accommodated Tucker's large and growing family
- First Christmas
tree in Williamsburg displayed at house in 1842
- Home restored
in 1930 and 1931
- Tucker's
descendants lived in house until 1993
|
Tucker gives essence to;
Yet the study of the constitution is not more necessary to the right
understanding of the force and obligation of any positive law, than the
study of the law, as a science, is to a full and perfect understanding of
the constitution: for the rules of law must not unfrequently be consulted,
to explain the principles contained in the constitution: thus, they mutually
contribute to the due investigation and understanding of each other [*On the
Study of Law - St. George Tucker, View of the Constitution of the United
States with Selected Writings (1803)].
To read the full text of what Tucker has/had to say about the Study of Law
mouse over his portrait and click

St. George Tucker (July 10, 1752 – November 10, 1827), born in Bermuda,
was; an officer in the American Revolutionary Army, a lawyer and professor of
law at the College of William and Mary(Dean of the School of Law and mentor to
Thomas Jefferson, et.al.; he was elected as a justice of the Virginia General
District Court and later appointed to the Virginia Supreme Court (known as the
Court of Appeals until 1970); judge of the Federal District Court for Virginia
by appointment of President James Madison, progenitor of a long line of jurists
and scholars, and stepfather of John Randolph of Roanoke.
*Tucker, St. George. Blackstone's Commentaries: With Notes of Reference to
the Constitution and Laws of the Federal Government of the United States and of
the Commonwealth of Virginia. 5 vols. Philadelphia, 1803.]
The Full Reference material UARF relied on may be obtained from Amazon.
More on Tucker
Lots
purchased from Edmund Randolph in 1788
A
lawyer, Revolutionary War militia officer, legal scholar, and judge, St.
George Tucker brought three lots on Williamsburg's Palace green from
Edmund Randolph for £100 in 1788. The property included the site of
William Levingston's theater, the first in America. Bermuda-born but
educated at the College of William & Mary, Tucker moved the largest
structure, a 1716 building that had been Levingston's home, to its present
location on Nicholson Street to face the more-fashionable Market Square.
Home
enlarged several times to accommodate Tucker's children
The
rambling but graceful wooden building was enlarged several times, partly
to accommodate Tucker's children. He was married twice and had nine
children and five stepchildren.
Such
a large family must have required a sense of humor, which Tucker
undoubtedly had, as evidenced by his writing "Garrison Articles to be
Observed by the Officers and Privates Stationed at Ft. St. George Tucker
in Williamsburg" in order to teach his many children deportment.
Tucker himself was "fort comander." One of the 13 articles read,
"No Captain or subaltern officer or private shall presume to dance or
run about the room at Breakfast or Dinner time."
Tucker
constructed Williamsburg's first bathroom
Tucker
is better known for editing Blackstone's Commentaries on the Laws of
England (Philadelphia, 1803) to put them in an American context. He also
is credited with the construction of Williamsburg's first bathroom: he
converted his backyard dairy house and installed in it a copper bathtub
into which heated water was piped. The tub had a drain, a novelty at the
time.
Tucker
was a charter member and officer of Williamsburg's "Society for the
Promotion of Useful Knowledge." He was an avid gardener, and there
appear to be traces of 18th-centruy gardens in the yard.
First
known Christmas tree erected at the house in 1842
William
& Mary Professor Charles F.E. Minnigerode, a political refugee from
the principality of Hesse-Darmstadt, put up Williamsburg's first recorded
Christmas tree at the house in 1842. He was a friend of Tucker's son
Nathanial Beverley Tucker. Minnigerode enjoyed Nathanial's children and
put up a tree for them in the Tucker parlor in the German Yuletide
tradition. A small tree, emblematic of the occasion, now is left each
Christmas on the porch.
Tucker's
descendants owned home until 1993
The
house was restored in 1930 and 1931. Tucker's descendants lived in the
house until 1993.
The
St. George Tucker House is not a Colonial Williamsburg exhibition site.
Learn
More:
St.
George Tucker House Block 29, Building 2
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Posted by Editor on Saturday, January 19 @ 11:57:56 MST (8190 reads)
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 | The questions that beg answers from Virginia's Attorney General |

The questions that beg answers from Virginia's Attorney;
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Why are the citizens of the Commonwealth not electing the judges
to Virginia's Supreme Court;
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Why are not the members of Virginia House of Delegates honoring
the term limit set out for them;
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Why are not the Members of Virginia's Senate honoring
the term limit set out for them;
As delineated in Article 1, Section 5 of Virginia's Constitution:
Separation of legislative, executive, and judicial
departments; periodical elections. — That the legislative,
executive, and judicial
departments of the Commonwealth should
be separate and distinct; and that the
members thereof may be restrained from oppression, by feeling and
participating the burthens[load
with excessive weight] of the people, they should, at fixed
periods, be reduced to a private station, return
into that body from which they were originally taken, and the
vacancies be
supplied by regular elections, in which all or any
part of the former
members shall be again eligible, or ineligible, as the laws may
direct. Va. Constitution Va. Con. Art. 1 § 5 (1971)
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Posted by DAVID on Wednesday, November 07 @ 11:34:41 MST (3056 reads)
(Read More... | Score: 5)
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 | The validity of the public debt of the United States, authorized by law,. . . sh |
There is no debt crisis, no need to put the day of August 2, 2011 as a fail
safe date for the economic collapse of the US economy if the law is followed;
U.S. Constitution U.S. Con. 14th Amd., § 4 (1868): Section 4. What
Public Debts Are Valid. -- The
validity of the public debt of the United States, authorized by law,. . . shall
not be questioned. U.S. Constitution U.S. Con. 14th
Amd., § 4 (1868).
The language [The validity of the public debt of the United States,
authorized by law,. . . shall not be questioned] found in U.S. Constitution 14th
Amd., § 4 (1868) is general and therefore applicable to all public debts.
The matter of the validity of public debt and the obligation to pay it
became settled law when it was addressed in organic law by the adoption of this
clause found in the 14th Amd..
All that we hear from BAM, the GOP and DEMS on the fail safe date is hype,
pure and simple BS, it just that simple.
Social security is a public debt of the United States, authorized by law;
Troop deployment is a public debt of the United States, authorized by law;
The Courts are a public debt of the United States, authorized by law;
All operations of any and all
branches of the Federal government and its agencies are a public debt of the
United States, authorized by law.
If the branch/agency of government
or its activity is not authorized by law then the debt is not authorized, nor
the payment of any debt related to it. It is just that simple.
The language [The validity of the public debt of the United States,
authorized by law,. . . shall not be questioned] found in U.S. Constitution 14th
Amd., § 4 (1868) is general and therefore applicable to all public debts.
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Posted by david on Friday, July 22 @ 06:39:42 MST (3144 reads)
(Read More... | Score: 0)
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 | The Scottish Declaration of Independence |
I will repest this again and again for nay sayers.....READ the Scottish Dec of Indep. which DOES speak of their Israelite Heritages.......This is an OLD Document......one should check it out. You will be well pleased you did.
The
Declaration Arbroath, Scottish Independence 1320
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Robert the Bruce and
his pledge to the nation. The Declaration of Arbroath 1320.
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To our Lord and
Very Holy Father in Christ, Lord John, He Supreme Pontiff, by
God´s Providence, of the Most Holy Roman and Catholic Church,
his humble and devoted sons - here follow the names of the
Nobles and Commons in Parliament assembled and other barons and
freeholders, with the whole Commons of the Kingdom of Scotland.
With all filial reverence devoutly do we kiss your blessed feet.
From the deeds
alike and the books of our forefathers, we understand, most Holy
Lord and Father, that among other noble nations our own, He
Scottish, grows famous for many men of wide renown. The which
Scottish nation, journeying from Greater Scythia by the Tyrrhene
Sea and the Pillars of Hercules, could not in any place or time
or manner be overcome by the barbarians, though long dwelling in
Spain among the fiercest of them.
Coming thence,
twelve hundred years after the transit of Israel, with many
victories and with many toils they won that habitation in the
West, which, though the Britons have been driven out, the Picts
effaced, and Norwegians, Danes and English have often assailed
it, they hold now, in freedom from all vassalage: and as the old
historians bear witness, have ever so held it. In this kingdom
have reigned a hundred and thirteen kings of their own Blood
Royal, and no foreign has been among them. Of their merits and
their noble Qualities we need say no more, for they are bright
enough by this alone, that through they were placed in the
furthest ends of the earth, Our Lord Jesus Christ, Who is the
King of Kings, called them among the first to His most firm
faith, after His Passion and His Resurrection. Nor did he choose
to confirm them in the Lord´s Faith by any one less than His
own first Apostle (although he stands second or third in order
of rank) the most gracious Andrew brother of Peter´s self, whom
ever since he has established their Patron.
Bearing all
these things carefully in mind, those holiest of fathers, Cour
predecessors, adorned and fortified this kingdom and people, as
belonging specially to Peter´s brother, with many favours and
many privileges. Thus our nation till now has lived under their
protection in peace and quiet, till the Magnificent Prince,
Edward King of the English, the father of the Eward that now is,
did, under cover of alliance and friendship, invade and occupy
as an enemy our kindom and people, who then had no head, who had
in mind no evil towards him, and who then were unused to war or
sudden invasion. What that king has done in wrongs and slaughter
and violence, in imprisoning of the leaders of the church, in
burning and looting of religious houses and the massacre of
their communities, with his other outrages on the Scottish
people (sparing nor sex nor age nor priestly orders) is
something that is not to be comprehended save by those who know
these things from their own experience.
Yet at last, by
His help Who heals and sains the wounded, we are freed from
these innumerable evils by our most valiant Sovereign, King, and
Lord, King Robert, who to set free his heritage and his people,
like a new Maccabaeus or Joshua, with joyful heart, toil,
weariness, hardship, and dangers. By the Providence of God, the
right of succession, those laws and customs which we are
resolved to defend even with our lives, and by our own just
consent, he is our King: and to him who has brought salvation to
his people through the safeguarding of our liberties, as much by
his own deserving as by his rights, we hold and choose in all
things to adhere. Yet Robert himself, should he turn aside from
the task that he has begun, and yield Scotland or us to the
English King and people, we should cast out as the enemy of us
all, as a subverter of our rights and of his own, and should
choose another king to defend our freedom: for so long as a
hundred of us are left alive, we will yield in no least way to
English dominion. We fight not for glory nor for waelth nor
honours; but only and alone we fight for freedom, which no good
man surrenders but with his life.
Because of
these things, most reverend Father and Lord, praying earnestly
from our hearts that before Him as Whose Vicar on Earth you
reighn, before him to whom there is but a single weight, Who has
one law for Jew and Greek and for Scots and English - before Him
will with honestly consider the manifold anguish and tribulation
which we and the Church have suffered through the English, and
will look upon us with a father´s eyes. We pray you to admonish
the King of England (to whom his own possessions may well
suffice, since England of old was enough for seven Kings or
more) that he should leave us in peace in our little Scotland,
since we desire no more that is our own, and have no
dwelling-place, are willing to do all within our power. Most
Holy Father, it is Cour part to do this, or surrender to the
barbarity of the heathen, let loose for the sins of Christian on
the Faithful, and daily forcing the bounds of Christendom, and
you know it would mar the security of your fame if you looked
unmoved on anything which in your time should bring dishonour on
any part of the Church. May Your Holiness therefore admonish
those Christian princes who falsely claim that their own wars
with their neighbours now hinder them from relieving the Holy
Land: though indeed they are hindered only by their belief that
they will find more profit and less toil in crushing neighbours
smaller than themselves, who appear to them also weaker than
themselves. He who knows that if the King of the English would
leave us in peace, we and our own Lord King would go joyfully
thither: which thing solemnly testify and declare to Vicar of
Christ and to all Christian people. But if too readily, or
insincerely, you put your faith in what the English have told
you, and continue to favour them, to our confounding, then
indeed shall slaying of bodies, yea and of souls, and all those
evils which they shall do to us, or we to them, be charged to
your account by the Most High.
We are always
bound to you, as God´s Viceregent, to please you by a son´s
obedience in all things. We remit our cause to the Highest King
and Judge, casting our care on Him, in the hope and faith that
He will grant to us both strength and valour, and bring about
our enemies´ overthrow.
May the Most
High preserve for many years Your Serene Highness to His Holy
Church.
Given at the
Monastry of Arbroath in Scotland the 6th day of April
in the year of our Grace 1320, and in the 15th year
of the King named above.
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Posted by david on Saturday, December 12 @ 18:17:44 MST (3246 reads)
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