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Unalienable Rights Foundation
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Welcome to Unalienable Rights Foundation!


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[ Supreme Court Decisions ]

·Takings and Raisins / Horne v. U.S. Department of Agriculture
·The Unalienable Rights Foundation Admonishes COSETO
·2014 Annual Supreme Court Round UP
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·2011 Annual Supreme Court Round Up
·ABBOTT v. UNITED STATES ( Nos. 09-479 and 09-7073 )
·Is There Such a Thing as a Judicial Taking?
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     CNN LAW
·Court upholds limits on Navy sonar training
·Slain wife accuses husband from the grave
·Prosecutors drop parent-killing case
·Priest accused of lying in mob investigation
·Inmate shot dead after brazen escape
·Juror: Judge and jury pressured me to convict
·Man convicted for Internet hoax death
·Zoloft killer's 30-year sentence appealed
·Girl who shielded mom is a hero at school
·Holloway disappearance hits cold case file

read more...

     Instructions For Replying to Our FOIA

 

Instructions for Responding to
Our FOIA Request to You Click Below



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Unalienable Rights Foundation: Organic Documents

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 "offenses against the laws of nations"

Organic Documents

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.


Posted by editor on Wednesday, January 27 @ 21:27:27 MST (1125 reads)
(Read More... | Score: 0)


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 Executive Branch Review Conference ~ Federalist Society

Organic Documents
The Federalist Society
Second Annual Executive Branch Review Conference
Wednesday, May 7th
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.

Contact the Mayflower Hotel directly for room reservations at 202-347-3000.
New Speakers Added!
Addresses

 

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



Conference Schedule

 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

 
There is no cost to attend this conference.
CLE credits will be offered; there is a $50 charge for CLE credits.
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Posted by editor on Friday, April 11 @ 14:46:02 MST (14722 reads)
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 A Treatise of the Court of Star Chamber

Organic Documents

19th-century drawing of the Star Chamber


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." 

Drawing of the Old Star Chamber building

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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 What is a Militia, as Penned to Paper in Virginia Law

Organic Documents 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.





Posted by david on Thursday, February 21 @ 04:08:05 MST (3553 reads)
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  Thomas Jefferson On the Failure to Treat Law As A Science

Organic Documents 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

Blackstone

Tyler

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).



Posted by Editor on Saturday, February 02 @ 10:35:53 MST (2396 reads)
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 The Ancient ‘Science’ of law has been forgotten.

Organic Documents 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

 



Posted by Editor on Saturday, January 19 @ 11:57:56 MST (6089 reads)
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 The questions that beg answers from Virginia's Attorney General

Organic Documents

The questions that beg answers from Virginia's Attorney;

  • Why are the citizens of the Commonwealth not electing the judges to Virginia's Supreme Court;

  • Why are not the members of Virginia House of Delegates honoring the term limit set out for them;

  • 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)

 

 





Posted by DAVID on Wednesday, November 07 @ 11:34:41 MST (1688 reads)
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 The validity of the public debt of the United States, authorized by law,. . . sh

Organic Documents

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.

 


Posted by david on Friday, July 22 @ 06:39:42 MST (1906 reads)
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 The Scottish Declaration of Independence

Organic Documents

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

Robert the Bruce and his pledge to the nation. The Declaration of Arbroath 1320.

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.


Posted by david on Saturday, December 12 @ 18:17:44 MST (1854 reads)
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