FEDERAL JURISDICTION
Federal Jurisdiction Brief: This short memo explains what is federal jurisdiction via Art. 1, § 8, cl. 17 of the United States Constitution. To draft this brief, thousands of cases construing this part of the U.S. Constitution were read, about 450 were cataloged (as shown below) and then a small number of those, about 140, were referenced in this brief.
Supreme Court Cases: Here are cataloged short summaries of the most important or interesting cases decided by the U.S. Supreme Court concerning Art. 1, § 8, cl. 17.
Circuit Cases: This file catalogs the federal district and appellate court cases regarding federal jurisdiction, segregated by circuit.
State Cases: This file catalogs many of the state decisions concerning federal jurisdiction, segregated by state.
The Government Report: In 1956 and 1957, the Government published a two part report on this issue; you should read it.
Treaties and Jurisdiction: To understand how many federal civil and criminal laws are made operative outside the "jurisdiction of the United States," knowledge of the field of treaty law is essential.
Eco-Logic: Henry Lamb's efforts to battle treaties is now on-line. Please visit his site. Do you think that "Global Governance" is some sinister plan lurking out in the distant and unknown future? I suggest that you read Henry's new article, Global Charter. It is closer than you think. Maybe this September? If you wish to read an excellent history of the Global Governance movement, read Henry's report here.
Joan Veon: This wonderful lady has lots of excellent information about the UN and Globalism.
UN Critic: Recently, some unknown reporter published his thoughts regarding the recent UN Summit. This is worth reading.
$ MONEY $
Note: Many of the files below are in PDF format. If you don't have Adobe Reader, download it here.
I. Historical Works and Other Information:
De Moneta: Bishop Nicole Oresme, a mathematician, astronomer and economist who lived during the 14th century, wrote this work entitled "De origine, natura, jure et mutationibus monetarum", here translated from the French. This powerful work provides a glimpse of Medieval thought on the subject of coinage and money. The password for this PDF file is "Becraft."
The Royal Bank: The history of John Law's banking experience in 18th century France.
A Caveat Against Injustice: In 1752, Roger Sherman, author of Art. 1, § 10, cl. 1, of the U.S. Constitution, wrote this short treatise; it is a "must" read! (Added 9-16-02). Here is:
Freneau Editorial: Philip Freneau was editor of the National Gazette in the early 1790s and one of the editorials he wrote and published was entitled "Rules for Changing a Republic into a Monarchy," republished here, which was an amazing prediction of our future and the Federal Reserve System.
Panic of 1819: The Von Mises Institute is making available Murray Rothbard's great book about this panic. Download this PDF file now!
Short History of Paper-Money: In 1833, William M. Gouge, who opposed the 2nd Bank of the United States along with President Andrew Jackson, wrote an excellent book, A Short History of Paper-Money and Banking in the United States. It is now posted on Devvy’s website, linked here.
Bancroft's Plea: George Bancroft wrote this work in response to Supreme Court decisions regarding the money issue. You must read his booklet! This is a PDF file and the password is "Becraft."
The Coming Battle: In 1899, M.W. Walbert wrote this book regarding our monetary system; this is a book you should read. It appears here as a PDF file. You may also order a reprint of this book from Paul Walter.
The Federal Reserve Act: The 1913 Federal Reserve Act, 38 Stat. 251, is posted here as a PDF of the act itself. It is a large file, almost 3200 KB, so it will take a few minutes to download. The password for this file is "Becraft".
1923 Congressional Record: In May, 1920, the Federal Reserve Board met and agreed to contract credit for the first time in its short history. A publisher of a newsletter, the Manufacturer's Record, obtained a copy of the transcript of that meeting and eventually the story about the meeting and its effect appeared in the Congressional Record for 1923. This file is a PDF of these pages from the Congressional Record; it is 2100 KB in size. I have also posted a text conversion of these pages here.
McFadden's Speech: Congressman Louis McFadden spoke before Congress in 1933 about the evils of the Federal Reserve System and this file is a reproduction of his famous speech which was printed in the Congressional Record.
Great Myths of the Great Depression, by Lawrence Reed: This is an excellent explanation of the sinister events of the depression. It is a PDF file and will take a few moments to download.
Primer on Money: Congressman Wright Patman's banking and currency committee published this excellent work about money in 1964. This link goes to this document posted on Devvy Kidd's website.
Econ Works: This site has some downloadable texts regarding economics and currency.
Day Spring Gatherings: This site has downloadable PDFs of old, historical works regarding the money issue; it is a real wealth of information and books.
II. Law Regarding Coin and Money:
Monetary Powers of the U.S. Constitution: Under Art. 1, § 8, cl. 5 of the U.S. Constitution, Congress is granted the power to coin money, and via Art. 1, § 10, cl. 1, the states are disabled from making anything but gold and silver coin a tender in payment of debt. This brief, about 18 years old now and in need of serious redrafting, covers a wide variety of state and federal cases addressing the monetary powers and disabilities contained in the U.S. Constitution. Perhaps this brief constitutes a decent introduction to this most important subject.
The Works of Dr. Edwin Vieira:
Dr. Edwin Vieira, Jr., is without question the most knowledgeable legal scholar regarding the monetary system of our nation. He has written many articles on the subject of money and the Federal Reserve System.
What is a Dollar: In this monograph, Edwin explains the "dollar" of the Constitution. This is a PDF file. (Added 9-19-02).The Forgotten Role of the Constitution in Monetary Law: This law review article, posted here in PDF, is a more detailed discussion of the "Dollar" of the Constitution.
The Federal Reserve System as a Parasite: This is one of the monographs Edwin authored on behalf of the National Alliance for Constitutional Money.
Monetary Reform: This is an excellent treatise regarding the need for monetary reform; it is Vieira at his usual best! This is a PDF file.
Constitutional Imperative: Edwin advocates, in times of economic troubles, we should start first with the Constitution to solve those problems. This is a PDF file.
Edwin Vieira's Speech: Over Labor Day weekend, 1991, the NCBA had a convention in Denver. Franklin Sanders and I spoke there as did Edwin, who, as always, gave a great speech which you are invited to read.
III. Commentaries:
FAME: The Foundation for the Advancement of Monetary Education has several other articles by Dr. Vieira posted to its web site, as well as an excellent Q & Aregarding money.
Views of a Moneychanger: Franklin Sanders is a "moneychanger" having a wide variety of views regarding money, taxes and fighting governmental injustice. Here is a snapshot of some of his thinking. Visit Franklin's Moneychanger web site. If you need specie, contact him.
Good News: This site provides lots of links to great articles about money.
Golden Sextant: Regie Howe has a good collection of articles regarding the gold standard.
Billions for the Bankers: Almost 20 years ago, Pastor Sheldon Emry wrote this short pamphlet explaining the operation of our banking system. This booklet needs wide circulation.
Fed: Myth or Reality? What does the Fed itself say about some of the matters posted above? Why don't you read this recent Fed publication and find out. Please also read the Fed's Modern Money Mechanics. How about an analysis of an old Fed publication? Read what SW Adams wrote years ago.
TAXATION
Uncertainty of the Law: Surprisingly, American courts have failed to identify what is the nature of the income tax. This uncertainty of the constitutional classification of this form of taxation presents a monumental due process problem for the American people. Members of Congress should be informed of this uncertainty of the law which they did not create.
The Adoption of Constitutional Amendments: When Bill Benson was doing his research regarding the non-ratification of the 16th Amendment, I was engaged in the legal research of this question. This file is a short synopsis of the relevant law with links to some good cases.
Quick Link: The above brief contains cites and quotes of cases relevant for this issue. If you wish to just read some of these cases, this file has the links to those which are posted to this site.
Lloyd Long Transcript: This has been posted at other places on the Net, so I decided to place it here as well.
Creation of the IRS: Where is the statute which created either the Bureau of Internal Revenue or the Internal Revenue Service? This is a handy letter which can be used to make such an inquiry. Want to see how the IRS keeps its records? Read this GAO Report.
Ruml Speech: Beardsley Ruml was chairman of the New York Federal Reserve Bank during World War II. He gave an amazing speech to the American Bar Association in 1945 which explained the operation of our monetary and tax systems in a most enlightening way. His speech was published in a periodical named American Affairs in its January, 1946, issue, which is reproduced here as a PDF file.
Biblical Observations: The Bible contains some interesting comments regarding the subjects of taxation by the "kings of the earth."
Silkman brief: Elton Silkman is a defendant I represented in a tax evasion case in Rapid City, S.D., in the summer of 1997. The IRS sent him a "naked" notice of deficiency for the first 5 years of the 1980s in early 1991, just before Elton sold his farm. When the IRS could not levy any property to satisfy the claimed taxes, Silkman was indicted. This appeal is very important because many people have "naked assessments." Here is how the Government responded to his brief. The Silkman reversal is found here.
Miscellaneous.
CONSTITUTIONAL MATERIALS
Limits of Congressional Power: This is a list of cases defining the limits of Congressional powers from an historical perspective. There is also a small section regarding some of the limits upon the powers of the state.
Primary Sources of Law: On this page, you will find links to the full U.S. Statutes at Large, State Constitutions, state codes, etc.
Powers of the People: This file links to all State Constitutions and quotes provisions thereof related to the right of the People to change government.
Compulsory Production of Documents: This brief explains the operation of the Fifth Amendment in reference to producing personal books and records to an agency of the government.
The meaning of Art. 1, § 9, cl. 7: There is currently a debate raging regarding the question of whether social security is a contract. This file explains why it is not a contract because of this constitutional provision.
Equal Protection: The constitutional principles of equal protection need to be understood by members of the freedom movement. Here you will find parts of my working file containing cites to and very brief summaries of some cases regarding this issue, with links to the important Supreme Court decisions.
Void for Vagueness: The constitutional prohibition against vague laws is demonstrated through a variety of cases, which are linked via this file.
Public Purposes: This file links to some recent cases dealing with unconstitutional eminent domain actions.
Separation of Church and State: This PDF file is a brief regarding that very important First Amendment issue, the relationship of the Church to the State as affected by the First Amendment. You can contact the author at this e-mail address: tayra4charlie@hotmail.com.
Historical Works: The Net contains a wealth of materials, books and documents about the law and the origins of this country. Here you will find links to some of these works. Georgia Tech also has some historical works posted on its site.
ADMINISTRATIVE PROCEDURES
The Need for Regulations: Here you will find a short brief regarding the need for regulations for some tax statutes. Not every law, even a tax law, requires a regulation, contrary to popular myth. However for the statute discussed here, a regulation is essential.
Delegated Authority Brief: This brief, taken from a larger one, addresses the requirement that public officers and employees must have delegated authority to act.
FOIA Requests: Those interested in getting information from federal agencies often use the Freedom of Information Act, which is explained via this link.
OTHER FEDERAL MATERIALS
Social Security: Who exactly is required to have a social security number? This short memo examines the alleged requirement that everybody is compelled by law to have a SSN.
Social Security Calculator: Visit this site to determine whether social security payments are really worth the investment. You will be surprised.
Titles of the U.S. Code: The manner by which the titles of the current U.S. Code were created from the U.S. Statutes at Large is explained here.
CHARTS AND REPORTS
CAFR Web Site: Comprehensive Annual Financial Reports ("CAFR") are well hidden by state governments because they reveal too much.
Surplus: For politicians to contend that we now have a "budget surplus" is just another lie; read these articles.
MISCELLANEOUS
Favorite Patriot Issues: Have others already litigated an issue or particular argument which you believe is a good one? Check here to see.
Face of Tyranny: This file contains a very appropriate article regarding what the future of our country may be.
Scams: Lots of con artists and crooks have roamed through the freedom movement for years. Here are some stories about the damage these crooks have caused. The Opdahl case was about a scam; it victimized my client.
Delphi: Powerful institutions have studied groups of people and learned how to get them to agree upon a plan promoted by these institutions. This "Delphi" technique is used frequently today if you just watch for it.
Case Law: Many complain about case law and denigrate it. This file explains how important case law really is.
INTERESTING LEGAL BATTLES
The Mauldin Case: The Wallace Institute filed suit in Texas to challenge the requirement of providing SSNs to obtain occupational licenses, and the attack was based upon equal protection violations. Read this brief in support of Mauldin's motion for partial summary judgment.
Brief on appeal in Mauldin Appeal: The TAIG advocates were instrumental in getting two cases filed in Texas regarding the requirement of providing SSNs to obtain occupational and driver licenses. We challenged this statutory requirement on equal protection grounds and the case on appeal was the Mauldin case, dealing with occupational licenses. This Mauldin brief is a PDF file. The Board filed its brief, which is here and it is almost 2200 KB in size, so it will take some time to download. The Mauldin reply brief is here. I have omitted the table of contents and table of authorities.
The Court of Appeals in Texas has recently affirmed the decision of the trial court in the Mauldin appeal. Read the opinion here.
If you wish to read a Congressional report regarding the dangerous and widespread use of SSNs, click here.
Schroder v. President Geo. Bush: Seeking parity for agriculture, Dr. Gene Schroder and others instituted this suit. Here, you will find the certiorari petition by Walker Todd on behalf of the farmers to the Supreme Court.
Win At All Costs: Last year, the Pittsburgh Post-Gazette published a series of articles regarding the "win at all costs" attitude of prosecutors. Read this series.
The FBI Laboratory: This is the report regarding fabrication of evidence by the FBI lab; while it is long, you should read it.
SECOND AMENDMENT THOUGHTS
AND OTHER MATERIALS
The right to keep and bear arms acknowledged by the Second Amendment is a critical issue for our society. The following are several very thoughtful articles that every thinking American needs to read and study:
Whether the Second Amendment Secures an Individual Right: On August 24, 2004, the DoJ published this article, affirming that the Second Amendment secures an individual right.
The British study: Here is a link to a very important study of the effect of firearms ownership. Britain, with gun control, has a higher crime rate than we have. Ban guns and crime increases.
Publication 7277: The State Department published this document to explain the "need" for disarmament. What is stated here is happening today.
The Emerson Gun Case: A U.S. district judge in Texas has rendered an important decision regarding the Second Amendment and the personal right to bear arms. The decision in this case on appeal to the Fifth Circuit is great!
The Cato Report: This interesting policy report about gun control is one which should be read.
Alan Keyes Speech: This is a speech Dr. Alan Keyes gave about the Second Amendment; read it here.
Military Corruption: Some retired military personnel have established a web site devoted to corruption in the military; you should study this site.
Psycho Report: Ever wondered about the mentality and emotional nature of anti-gunners? Read the views of this doctor.
Gun Grabbers: Perhaps the gun banners should first take a look at these pictures.
NEWS, VIEWS, OPINIONS & TALK
News With Views: Lots of noteworthy people regularly write for NWV and provide their insights into current events.
WorldNetDaily: This online newspaper presents the news from the proper perspective. Make it one of your sources for news.
The Drudge Report: Everyone knows Matt Drudge and how he became famous with the Monica story. He continues.
Geoff Metcalf: This very popular west coast radio personality now broadcasts on the Net. He is also a columnist for World Net Daily.
LewRockwell.com: Lew Rockwell is President of the Ludwig von Mises Institute in Auburn, Alabama.
FLAGS OF THE SOUTH
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Disclaimer
The purpose of this web site is simply to communicate and provide information. While I am an attorney licensed to practice law, this site has no advertising purpose and is not designed to provide specific legal advice to anyone nor to solicit clients. If you live in state other than Alabama and if you are seeking legal advice, I suggest that you contact and discuss your particular legal problem with a lawyer from the state where you reside. Further, pursuant to the Alabama Rules of Professional Conduct and if the posting of this site should be construed as an advertisement, I must inform you as follows:
No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.This website is purely a public resource of general information which is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. This website is not a source of advertising, solicitation, or legal advice, and thus the material provided on this website is not intended to create, and the receipt of it does not constitute, an attorney-client relationship. Internet subscriber and on-line reader should not rely on information provided herein, and should always seek the advice of competent counsel in the reader's state. The owner of this website is an attorney licensed only in the state of Alabama. Furthermore, the owner of this website does not wish to represent anyone desiring representation based upon viewing this website in a state where this website fails to comply with all laws and ethical rules of that state. Do not send the owner of this website or anyone listed herein information until you first speak with me.
The information posted here is not intended to be and should not be considered as legal advice and it is posted solely for educational purposes.
But while I am only licensed in Alabama, I am admitted to practice before the United States Supreme Court as well as the following federal appellate courts: the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits (excluding the First and DC Circuits). I am also admitted to practice in several federal district courts: the Northern District of Alabama, the Western District of Tennessee, the District of Maryland and the Eastern District of Michigan. But I usually appear pro hac vice in most US district courts.
Larry Becraft
This site was created on July 27, 1997.
END.
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