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Liberty, Sovereignty, and the Doctrine of Social Contract
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The Constitution,
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The Government,
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and
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The Doctrine of Social Contract

by
Mailing Address
This essay was first completed on Saturday, February 16, 1991 and was most recently revised on Saturday, August 23, 2014.

The document is approximately 13,363 words long.
 

Other essays in this collection are available on Pharos.

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Caveat Lector


 
 
 
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The Foundling Fathers
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"....  That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.  That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it ...."
— from the Declaration of Independence
July 4, 1776
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despotism, n.  1.  Absolute power;  authority unlimited and uncontrolled by constitution or laws, and depending alone on the will of the ruler ....
— Webster's Universal Dictionary of the English Language
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The separation of the original American colonies from England was motivated by a belief in the rights of the people and and by a desire to secure those rights.  However, by the time that the Constitution was written a lot of things had changed.  By then, a new vested interest existed.  That new power establishment had, for thirteen years, been slipping into the place of the idealistic motivation of the Revolution.  As a result of that changing of the guard, the doctrine expressed in the Constitution was very different from that expressed in the Declaration of Independence.  In this essay, I review the Constitution from the point of view of that earlier body of belief:  The Doctrine of Social Contract.1

The Doctrine of Social Contract is an expression of the belief that lawful government exists only with the consent of the governed.  Such lawful government, as defined by the Doctrine of Social Contract, must be limited both in its powers and in its jurisdictions.  Upon the powers of lawful government, the Doctrine of Social Contract places the limit that the only valid powers are those delegated by the people.  Upon the jurisdictions of lawful government the Doctrine places the limit that the jurisdictions extend only to those individuals who voluntarily consent to them.  Above both of those limits is the ultimate authority of the people to alter or to abolish a government that doesn't satisfy them.

Today, we usually think of governments as being created by constitutions.  Although we think of constitutions as being written under the auspices of the people, the existence of a constitution doesn't necessarily mean that the Doctrine of Social Contract is in operation.  A constitution might be written by any agent of a government to serve as the operating procedure for his government, specifying its forms and functions while having nothing to do with the will of the people.2  Nor is a constitution a necessary consequence of the Doctrine of Social Contract.  For example, a small and simple society, with few people, might establish and enforce limited government without enacting a written constitution.  However, larger governments involving more people are difficult to control.  The most promising method of controlling them so far discovered is to limit their powers and jurisdictions by enacting a constitution.  Today, constitutions are generally advertised as being written on behalf of the people, and of limiting government for the benefit of the people.

Failure of a constitution to limit the powers and jurisdictions of the government it creates disqualifies that constitution as an example of the Doctrine of Social Contract.  Failure of a government to comply with the limits established by its constitution makes that government illegal.  Either failure renders the government a despotism.


1
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See my essay The Long And Winding Doctrine:  Social Contract.
2
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See Aristotle's Politics.

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Powers Delegated in the U.S. Constitution3
It's easy to find in the Constitution delegations of powers to the government.  The most extensive single delegation of power is to the Congress.
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"[The Congress shall have power] to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof."
— Article 1, Section 8, Clause 18
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This delegation of power is important because of the other powers that it authorizes the government to execute and because it is a carte blanche to execute them.  Many of the powers delegated in the Constitution are very general, and there are a lot of them.  There are in the Constitution 55 clauses that delegate powers to the Congress.  Three additional clauses delegate to the government powers exercisable during emergencies.  Eight clauses delegate powers to the House of Representatives.  Nine clauses delegate powers to the Senate.  One clause delegates a power to Senators.  Eight clauses delegate powers to the President.  Two clauses delegate powers to the Executive branch of state governments, six clauses delegate powers to the state legislatures, and six clauses delegate powers to the states.  One clause delegates powers to the judges of the United States.  One clause delegates powers to a combination of the Vice President and a majority of Principle Officers.  At the end of this essay are tables in which I have summarized many of those powers.

The range of the powers delegated in the Constitution is enormous and, by Article 1, Section 8, Clause 18, the Congress has the power to execute them.  The only limits are that the resulting legislation must be "necessary and proper".  That determination is at the discretion of the Congress and any opponent to it bears the burden of proof.  In practice, the Constitution provides many adaptable justifications for enacting legislation.  Consider the following for example:
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"The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States ...."
— Article 1, Section 8, Clause 1
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Common defense and general welfare are versatile and emotive concepts with which any tax can easily be justified.  Opposition to such tenets is a thankless task and leaves the opponent vulnerable to attack and defamation.  What politician, for example, is brave enough to oppose a few extra dollars to help the starving unemployed, the suffering sick, the hobbling handicapped, and all of those doddering old people?  Who dares to oppose the defense of the country?  That leaves the Congress largely unopposed in its ability to enact such legislation.

The significance of the powers delegated in the Constitution is further enhanced by the Supremacy Clause.  The main (but not the only) importance of that clause is its definition of the supreme law of the land.


3
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It's worth mentioning that, due to various irregularities associated with the origin of the Constitution, this examination of it is largely an academic exercise.  However, since the Constitution is generally presumed to be the basis for the present federal government, the exercise is probably worth the trouble.  I've discussed the origin of the Constitution in my essay In Search of the Supreme Flaw of the Land:  Perpetual Union.

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"This Constitution, and the laws of the United States which shall be made in pursuance thereof;  and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;  and the Judges in every State shall be bound thereby, anything in the Constitution or law of any State to the contrary notwithstanding."
— Article 6, Section 2
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By that clause, all laws made in pursuance of the Constitution, and all treaties, whether or not they are made in pursuance of the Constitution, are all part of the supreme law of the land.  It follows that the makers of those laws (the Congress) and of those treaties (the executive and the Senate) have status equal to that of the makers of the Constitution (the people, according to the rhetoric).
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


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Limitations on the Powers:  The Bill of Rights
The Bill of Rights, appended to the Constitution as an afterthought, is advertised as a limitation of the powers of the government.  In fact, most of the limits imposed by the Bill of Rights have exceptions that operate at the discretion of the government or that otherwise defeat the alleged limitation.4   The Third Amendment is a good example.
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"No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
— Amendment 3
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In fact, the Third Amendment doesn't prevent the quartering of soldiers in houses.  It defines the rules whereby soldiers can be quartered in houses.  In time of peace, soldiers can be quartered in a house with the consent of the owner.  In time of war, the method need only be prescribed by law, invoking the awesome powers of Article 1, Section 8, Clause 18.

Most amendments in the so-called Bill of Rights embody some such delegation-in-reverse of power.  For example, the power of eminent domain at the federal level exists because of the Fifth Amendment, not in spite of it.  The only amendment that makes any real pretence of enforcing the Doctrine of Social Contract is the Tenth.  However, it only prohibits the exercise of powers not specifically granted.  Since Article 1, Section 8, Clause 18 grants all powers that are "necessary and proper", and doesn't say who gets to decide what's either necessary or proper, the Tenth Amendment is of little effect.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


4
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See my essay, In Search of the Supreme Flaw of the Land: The Bill of Rights.

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Jurisdictions Delegated in the U.S. Constitution
The Constitution doesn't specify jurisdictions very clearly but several appear to exist, at least by implication.  They are:
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1. an exclusive legislative jurisdiction in certain geographical areas,
2. a jurisdiction of the Congress over territory and property belonging to the United States,
3. a jurisdiction of the Constitution over various individuals,
4. various jurisdictions of the federal government over various individuals,
5. a judicial jurisdiction,
6. a commercial jurisdiction, and
7. a military jurisdiction.
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The jurisdictions aren't always clearly defined and most often must be deduced from the powers delegated.  Other students of the Constitution might discover a different set of jurisdictions.  I consider this ambiguity to be a serious deficiency in the Constitution.

Exclusive Legislative Jurisdiction
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"[The Congress shall have power] to exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings ...."
— Article 1, Section 8, Clause 17
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This is a jurisdiction over certain geographical regions in which the Congress has exclusive legislative authority in all cases whatsoever.  Other legislative authority is excluded from such regions while within them the Congress has authority over anything at all, without limitation.  The geographical area over which this jurisdiction can extend is limited only by the ability of the federal government to purchase land as provided in Article 1, Section 8, Clause 17.

There isn't any wording in this clause that prohibits the Congress from exercising legislative authority outside of this jurisdiction.  The Tenth Amendment might be alleged to limit the jurisdiction of the Congress to the boundaries of these regions, by generally prohibiting the exercise of powers not specifically delegated.  However, at least one other jurisdiction over other geographical regions is delegated in the Constitution, so the Tenth Amendment cannot have such an effect.

Jurisdiction Over Territory or Other Property of the United States
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"The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; ...."
— Article 4, Section 3, Clause 2
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Page 7 BoxThis is a very extensive jurisdiction.  There is a certain overlap in the meanings of territory and property, as both may denote real property. However, the use of both words in the same clause indicates an intention to encompass their different meanings and, lacking any limiting qualifier, property must be construed in the most general sense that is meaningful in the context.
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property, ....  5....  that which is owned;  that to which a person has the legal title, whether it is in his possession or not ....

6.  A thing wanted for and applied to a particular purpose;  an implement; ....
Personal property; see under Personal.
Private property; any property, real or personal, which the owner has the right to control, use, and dispose of as he wills ....

— Webster's Universal Dictionary of the English Language

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As you can see, I've shown only a few of the meanings of property. However, even when limited to those meanings the scope is sufficient for this essay.

Thus, the property mentioned in Article 4, Section 3, Clause 2 might encompass the district and other places mentioned in Article 1, Section 8, Clause 17, as well as other additional property.

Territory, which has a special meaning in constitutional law, is contradistinguished from the district and other places.
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TERRITORY ....  In American Law ....  A portion of the country subject to and belonging to the United States which is not within the boundary of any state or the District of Columbia ....
— Bouvier's Law Dictionary
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The district and other places (Article 1, Section 8, Clause 17) are within the boundaries of the states, and territory isn't.  The district and other places were also limited with respect to their method of acquisition and intended use.  No such limits were placed on either the territory or the other property of Article 4, Section 3, Clause 2.  That clause therefore provides a jurisdiction that can be extended to any property or territory of the United States, wherever it may be, whether or not it was ceded by a state legislature, and without any consideration of its intended use.  Any property and any territory falls within this jurisdiction by the acquisition of title to the territory or property.

Methods are provided in the Constitution for the acquisition of title to property.  One method of acquiring title to real property owned by states is provided in Article 1, Section 8, Clause 17, previously quoted.  That isn't the only method of acquiring title to property.  The Constitution also allows the federal government to acquire title to private property.  That provision is part of the Fifth Amendment.
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"...nor be deprived of life, liberty, or property, without due process of law;  nor shall private property be taken for public use, without just compensation."
— Fifth Amendment
<emphasis added>
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Page 8 BoxThis has been advertised as a protection.  Actually, it's a statement of the method by which property and private property can be taken and placed under the jurisdiction of the federal government.  It says that property may be taken using any method prescribed by law and that private property may be taken so long as just compensation is provided.  That means that the Congress can pass any law that it considers to be necessary and proper (Article 1, Section 8, Clause 18) to take property or private property.  It's ironic that the federal power of eminent domain derives from the Fifth Amendment.  If the so-called Bill of Rights had never been adopted, then property might have been a lot safer from the government.

The only test of this jurisdiction is whether or not the property or territory belongs to the United States.  This might appear to be a good test for violation of the Doctrine of Social Contract.  For example, IRS seizures of bank accounts and DEA seizures of yachts might appear to be examples of the government exercising power over property that it doesn't own, or outside of its proper geographical jurisdiction.  Unfortunately, it isn't quite that simple.  As with the jurisdiction previously discussed, there's


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no wording that prohibits the Congress from exercising authority in other jurisdictions besides this one.  The clause only specifies that powers can be exercised within the specified jurisdiction.  This jurisdiction is limited only by the ability of the federal government to acquire property.

Page 9 BoxThis power to acquire jurisdiction over property is extended to the States by the Fourteenth Amendment.  However, there's an interesting quandary here.  It's a generally accepted principle that a new law supersedes a previous law on the same subject.  There's no mention in the Fourteenth Amendment, as there is in the Fifth Amendment, that just compensation is required for the taking of private property.  If the Fourteenth Amendment was intended to supersede the Fifth Amendment, then neither the federal government nor the state governments need to provide just compensation when taking private property.  Indeed, the Fourteenth Amendment does completely encompass the subject matter of the previous Fifth Amendment.  However, if the Fourteenth Amendment was intended only to supplement the Fifth Amendment, and not to replace it, then the federal government but not the state governments must provide just compensation.  Sadly, the writers of the Fourteenth Amendment neglected to declare their intentions in that regard.

Jurisdiction of the Constitution Over Individuals
The writers of the Constitution gave the Constitution itself jurisdiction over certain individuals.  One such group is the various public officers.
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"The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution ...."
— Article 6, Section 3
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Thus all civil officers, including civil officers of the state governments, are required to support the Constitution.  Since this includes the Supremacy Clause, they must support all of the legislation and treaties of the United States before their own state legislation and constitutions.  The jurisdiction of the Constitution over those individuals thereby effectively supersedes all other possible jurisdictions over them.  This clause is the primary legal reason for the lack of any state or local sovereignty under the present union.

The members of the military jurisdiction (discussed later) are also under the jurisdiction of the Constitution because of their oaths.  I've included two examples of such oaths near the end of this essay.  I'm not aware of any clause in the Constitution that requires military personnel to take such oaths but they do take them and thereby fall under the jurisdiction.

The jurisdiction of the Constitution is imposed upon the judges by the Supremacy Clause, without regard to the taking of an oath.
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"This Constitution, and the laws of the United States which shall be made in pursuance thereof;  and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land;  and the Judges in every State shall be bound thereby, anything in the Constitution or law of any State to the contrary notwithstanding."
— Article 6, Section 2

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This jurisdiction is explicitly established without regard to any geographical or other restrictions.  It applies not only to federal judges but also to the judges in every State, any other legislation or constitution to the contrary notwithstanding.

The jurisdiction of the Constitution over individuals has discernable boundaries.  It's limited to specific officers named in the Constitution and to anyone who takes an oath of allegiance to the Constitution.  The jurisdiction doesn't apply beyond those boundaries.  It's the only bounded jurisdiction that I've discovered.  To the extent that participation is voluntary, the jurisdiction is a good enactment of the Doctrine of Social Contract.  However, there are many instances of non-voluntary participation, the draft being a good example.  Whenever anyone is coerced into this jurisdiction, then the government departs from the Doctrine of Social Contract and becomes a despotism.

Other Constraints on the Judges
There are constraints placed upon the judges that are not necessarily jurisdictions but that nevertheless are authoritative.
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"....  The Judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior ...."
— Article 3, Section 1
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Since the inferior courts are ordained and established by the Congress (Article 3, Section 1), it's reasonable to suppose that the Congress has an authority to review the judges' behavior.  The judges are therefore subject to disciplinary action.  This might constitute a jurisdiction of the Congress over the judges whereby the judges might be obliged to perform their jobs as directed by any "necessary and proper" law.

District Judge Wyzanski reminded us, while apologetically ruling in favor of the IRS, that discipline imposed upon the judges is not limited to that of the Congress.
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"More than once the judges of a court have been indirectly reminded that they personally are taxpayers.  No sophisticated person is unaware that even in this very Commonwealth the Internal Revenue Service has been in possession of facts with respect to public officials which it has presented or shelved in order to serve what can only be called political ends, be they high or low.  And a judge who knows the score is aware that every time his decisions offend the Internal Revenue Service he is inviting a close inspection of his own returns ...."
— Donald R. LORD et al. v. Alvin M.  KELLY et al.
Civ. A. No. 63-932., United States District Court D. Massachusetts
April 13, 1965
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This is a de facto jurisdiction that has resulted from the operation of the executive agencies.  It may not be a lawful jurisdiction but the careers, reputations, and private lives of the judges are vulnerable to it.

Jurisdiction of the Federal Government Over Individuals
The jurisdiction of the federal government is established by different clauses and oaths than is the jurisdiction of the Constitution.
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"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States ...."
— Fourteenth Amendment
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This amendment says that a citizen is subject to the jurisdiction of the federal government.  This is important because if someone is within the jurisdiction then the government has legitimate authority over him.  How does one get to be a citizen?  The government schools teach that people are automatically citizens and you may never have questioned it.  But are you?

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According to Black's Law Dictionary, people are citizens if they have submitted themselves to the dominion of a government.  That is usually done by taking an oath.

Many people who are adults today were compelled as children to pledge allegiance to the flag of the United States of America, and to the republic for which it stands.  The pledge was normally executed before a licensed agent of the state (the school teacher) with solemn formality.  Consider the meaning of allegiance.
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Allegiance ....  Obligation of fidelity and obedience to government in consideration for protection that government gives ....

Natural allegiance ....  In American law, the allegiance due from citizens of the United States to their native country, and also from naturalized citizens, and which cannot be renounced without the permission of government, to be declared by law.

— Black's Law Dictionary
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You can see the Doctrine of Social Contract reflected in the first paragraph above and violated in the second.  That the government presumes the oath to be irrevocable is a good reason to think long and seriously before taking the oath.  It's also an excellent reason to avoid administering the oath to children who, in any case, aren't competent to bind themselves into a contract.

Such oaths continue to exist today in more legally documented forms.  For example, anyone who wants to be employed is required to complete an INS Form I-95 which contains an attestation, under penalty of perjury, of citizenship.  That oath is even more coerced than the childhood pledge, because there's little alternative to employment.  The difference is that adults are competent to bind themselves and the Form I-9 can be produced in court.  The requirement has the effect of compelling people into the jurisdiction of the federal government whether or not they want to be in that jurisdiction.

There are a few other ways in which an individual can come under the jurisdiction of the government.  One way is by registering to vote.  The State of California provides an example of how that works.
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"A United States citizen 18 years of age and resident in this state may vote."
— Constitution of California
Article 2, Section 2
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When someone completes the Affidavit of Registration6 he must certify under penalty of perjury that he's a citizen of the United States.  Perjury is punishable by imprisonment in a state prison for two, three or four years.7  Thus if you want to vote, you must submit to the jurisdiction of the federal government.

People also submit to the jurisdiction by the voluntary execution of some contract which includes in its provisions, at least by implication, an obligation to some jurisdiction of the government.  Marriage licenses, driver's licenses, and business licenses are present examples of such contracts.  A marriage license might seem like a pretty innocent thing to get but there are serious implications to licensing a marriage under the jurisdiction of the state.  The main reason for this is the difficulty of being par-


5
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See the Immigration Reform and Control Act of 1986.
6
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In California, it isn't a "Voter's Registration Form", as it's commonly called.  It's an "Affidavit Of Registration".  You should check to see what it is in your state.  See the definition of affidavit in the glossary.
7
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California Penal Code, section 126

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tially within the jurisdiction of the government.  It's like being partly pregnant.  I have an example.

A friend of mine had, for several years, avoided getting a driver's license because he didn't want to submit to the jurisdiction of the California Vehicle Code.  One day his car had a dead battery.  When he tried to push the car out of its parking place, it scraped the side of the adjacent car.  He arranged to pay for the damage himself but his wife’s insurance company was informed of the incident.  When the insurance company learned that he was driving the car and didn't have a driver's license, problems developed.  Although the insurance policy, the loan on the other family car, and the registration of both cars were in his wife's name, the insurance company insisted that my friend get a driver's license because he was married to the insured party.  They threatened to cancel the insurance policy, or convert it to an assigned risk policy at double the cost, if he refused.  Since the new car was also insured on the policy, the loan company got involved.  If the policy was canceled, the loan company intended to provide other, more expensive insurance for the new car, and charge it to my friend and his wife.  Finally, his only choices were to either get a divorce or to get a driver's license.  It isn't certain that his wife could have kept her insurance, even divorced.

There's a lesson in the story.  His wife's driving privilege, licensed under the jurisdiction of the state, compelled her into a contract with the insurance company because insurance is mandatory for licensed drivers.  The terms and conditions of the insurance contract were regulated under the jurisdiction of the state.  If caught driving without insurance, she could lose her car, be forced to pay a penalty, spend time in jail, and (believe it or not) lose her driver's license.8  His marriage, licensed under the jurisdiction of the state, was used to compel him to get a driver's license so that his wife could keep the insurance that the state compelled her to have.

Why don't people pledge their marriages in the sight of God but not before the state?  Then the state need not even know about a marriage.  One answer is that to do so would disqualify married people from the various tax, insurance, credit, employment, and other privileges that the state dangles before them to induce them to register their marriages.  Even the death of an unregistered spouse might be used against the survivor at inheritance time.  More generally, the exercise of privileges without permission is usually prohibited.  Everything that anyone wants to do has been converted from a right into a privilege, requiring some license or permit, to which conditions and prerequisites are attached.  Each bit of jurisdiction tends to compel one into the next.

If participation in this network of privileges is voluntary, then the resulting jurisdictions accrue without duress and must be respected.  However, voluntary is a very slippery concept.  If the choices are arranged properly, then people will voluntarily do a lot of things that they don't want to do.  I voluntarily joined the Naval Reserve to avoid getting drafted.  People will voluntarily complete an INS Form I-9, if starvation is the alternative.  People will voluntarily jump from the top of a building, if the building happens to be burning under them.  My friend voluntarily got his driver's license just like he voluntarily got his marriage license.

The jurisdictions of the government over individuals are unavoidable.  They are enforced by legislation, by regulations, by the policies of corporations and franchises, by


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Few people recognize this for the blessing that it really is.

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the behavior of the courts, and even by custom.9   Their boundaries are impossible to discern.  There isn't any way that these jurisdictions can be viewed as either limited or voluntary.  Inarguably, they defeat the legitimacy of the U.S. government as an example of the Doctrine of Social Contract.

The Judicial Jurisdiction
A special judicial jurisdiction, delegated to the courts, is applied according to subject matter.  It applies without any restriction of geography, or other limitation, relying only on subject matter.
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"The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;  - to all cases affecting ambassadors, other public ministers and consuls;  - to all cases of admiralty and maritime jurisdiction;  - to controversies to which the United States shall be a party;  - to controversies between two or more States;  - between a State and citizens of another State;  - between citizens of different States;  - between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects."
— Article 3, Section 2, Clause 1
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Page 13 BoxThis jurisdiction extends to a lot of subject matter:  any case dealing with the Constitution;  any case dealing with any law or treaty of the federal government;  any case involving any public official or entity;  any maritime or admiralty matter; even to foreign governments and their citizens.  When an individual appears as a party to such subject matter, that individual submits to the jurisdiction of the court.

There are other ways to fall under the judicial jurisdiction.  An example was revealed to me by the final documents issued by the court after my divorce from my first wife.  One of those documents, the Judgment of Dissolution of Marriage, contained the following paragraph:
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"2.  The court acquired jurisdiction of the respondent on (date):
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That was the first time that I realized that the court didn't automatically have jurisdiction over me but, instead, had to acquire that jurisdiction somehow.  Only two ways were provided on the form.  Both involved things that had to be done by me.  One way was if I accepted the service of process.  The second method was by appearing.

Few people are aware that the courts don't have jurisdiction over them.  They innocently submit to the jurisdiction without ever realizing that they're doing it, by appearing.  The judge doesn't inform them of their rights until they've appeared (if he does so at all), and by then its too late.  They've already appeared.  This seems to be, in theory at least, a voluntary jurisdiction.  An individual who simply refuses to accept the service of process, or who refuses to appear, can easily avoid the jurisdiction.  Bitter experience reveals otherwise.  For years, I made myself unavailable for that sort of thing.  I have, occasionally, succeeded in refusing to cooperate.  However, I eventually discovered that the government need not be bound by propriety.

Sometime during 1991, the Santa Clara County (California) District Attorney, Family Support Division, allegedly served a summons on me.  Actually, I was unavailable


9
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See my memoir Linda Sue Avants.

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so they served it on my next door neighbor, a renter, a non-citizen, and a temporary resident.  They asked him for ID, handed the summons to him, and he signed it.  There wasn't any guarantee whatsoever that I'd ever receive the summons.  Nevertleless, they proceeded with their case against me.  Subsequently, the Deputy District Attorney in charge of the so-called case (Jack S. Cardinale) claimed in writing in at lease two letters that the summons had been "personally served" to me.  In spite of my repeated demands, they never provided any proof of service.  On February 26, 1992, they filed a default Judgment and Order, alleging that I'd been duly served and had failed to appear.  I didn't fail to appear.  I refused to appear.  There's a difference.  Failure implies an obligation that I didn't have.  Eventually, they encumbered my home with a lien.  I continuted to make myself unavailable.  Eventually, they arrested me at gunpoint when I left the house.  My so-called lawyer (Kevin Veltfort) assured me that the authorities would keep me in jail forever if I refused to cooperate.  I couldn't find anywhere a lawyer who'd argue my case on its merits.  I was afraid to do it myself.  If I'd told the judge what I thought, then I really would have been in jail forever.  I was forced to voluntarily sell my home and give them the funds. Today, I don't own a home.

My attempt to stay outside of the jurisdiction of the court was utterly ignored and I was placed in the jurisdiction against my will, by force.  Clearly, participation in this jurisdiction is far from voluntary and it fails the test of the Doctrine of Social Contract.

The Commercial Jurisdiction

The Constitution also contains the delegation of a considerable jurisdiction over commercial matters in the United States.  The powers in this jurisdiction are delegated mostly in Article 1, Section 8 and are given to the Congress.  Among them are the power to regulate commerce among the several states (Clause 3), to establish laws governing bankruptcies (Clause 4), to coin money and regulate its value, and establish standard weights and measures (Clause 5), to punish counterfeiters (Clause 6), and to issue patents and copyrights (Clause 8).

This jurisdiction may seem innocuous but you probably don't realize the extent to which you're regulated by it.  The Congress has delegated extensive powers under this jurisdiction.  A look at a list of some of the executive agencies that are busily exercising powers in this jurisdiction might be useful.
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1. Civil Aeronautics Board
2. Commodity Futures Trading Commission
3. Consumer Product Safety Commission
4. Environmental Protection Agency
5. Federal Communications Commission
6. Federal Labor Relations Authority
7. Federal Mediation and Conciliation Service
8. Federal Reserve System
9. Federal Trade Commission
10. Interstate Commerce Commission
11. National Capital Planning Commission
12. National Credit Union Administration
13. National Labor Relations Board
14. National Mediation Board
15. National Transportation Safety Board
16. Nuclear Regulatory Commission
17. Occupational Safety and Health Review Commission
18. Pension Benefit Guaranty Corporation
19. Securities and Exchange Commission
20. Small Business Administration
21. and others.
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I took that list from an issue of The United States Government Manual that was published in 1984.  It isn't current but I think that it's close enough to give you the general idea.  Since then, things will only have gotten worse.  For the purposes of this es-


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say, the significant feature of the commercial jurisdiction is the unquestioned (and enforced) assumption that it applies to all commercial activity.  Such an assumption isn't necessarily true.  The commercial activities of citizens, of public officers, of people who have licensed their businesses with the government, of businesses located on territory or property owned by the United States, and of individuals or businesses who are parties to some judicial action, might be under some jurisdiction of the government or of the constitution.  The commercial jurisdiction shouldn't lawfully extend to commercial activity outside of those other jurisdictions.  If it does anyway, then any trivial transaction, even buying a pack of chewing gum, compels an individual into the commercial jurisdiction, especially if he buys it with legal tender.  If this is true, then the only way to avoid the jurisdiction and survive is to do so by charity or by theft.  I don't believe that such a jurisdiction can possibly be consistent with the Doctrine of Social Contract.  This jurisdiction alone, as it's presently enforced, reveals the U.S. government as a despotism.

The Military Jurisdiction

It isn't surprising that a military jurisdiction exists.  It's delegated to the Congress, mostly in Article 1, Section 8.10  Contained in it is the power to define and punish piracies and felonies committed on the high seas (Clause 10), to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water (Clause 11), to raise and support armies (Clause 12), to provide and maintain a navy (Clause 13), to make rules for the government and regulation of the land and naval forces (Clause 14), to provide for calling forth the militia (Clause 15), and to provide for organizing, arming, and disciplining the militia, and for governing it when it's employed in the service of the United States (Clause 16).  In Article 2, Section 2, Clause 1, the President is made the commander-in-chief of the Army and Navy of the United States, and of the militia of the several states when it's in the actual service of the United States.

Members of the Army, the Navy, and the militia are under the military jurisdiction.  Presumably, members of the Air Force are as well although I'm not aware of how the jurisdiction is extended to them.  They certainly aren't mentioned in the Constitution.  The military jurisdiction is a jurisdiction that could easily comply with the Doctrine of Social Contract.  According to the oaths included near the end of this essay, participation and allegiance is voluntary.  However, mandatory registration with the Selective Service System has the effect of compelling people into the jurisdiction whether or not they want to be there.  Again, duress reveals despotism and the U.S. government fails the test.


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Opponents of the so-called Military-Industrial Complex might find it interesting that the commercial jurisdiction and the military jurisdiction are both delegated to the Congress, and that both are delegated in the same section of the Constitution.

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Testing the United States of America

Limited Powers

The powers delegated in the U.S. Constitution are very general and quite extensive.  They might appear to be limited powers but the government has demonstrated that it can do whatever it wants to do.  The Constitution thus fails the test for the Doctrine of Social Contract on the basis of powers by failing to limit the powers of the U.S. government.

Sovereignty of the People

The elevation of the officers of the government to equality with the people (Article 6, Section 2) defeats the sovereignty of the people and their theoretical power to alter or abolish the government.  Since the people do not have superiority over the government, they do not control it.  Instead they are controlled by it.  There can't be a Doctrine of Social Contract when the government is free to coerce people into membership.

The Legislative Jurisdictions

The legislative jurisdictions of the Congress over property and territory are limited only by the government's ability to acquire property.  A look at a state map of someplace like Idaho or Oregon will give you a healthy respect for that ability.11  In combination with the taxing powers, these jurisdictions are without limit.

The Jurisdiction of the Constitution over Individuals

This jurisdiction is potentially voluntary.

The Jurisdictions of the U.S. Government over individuals and
The Judicial Jurisdiction

These jurisdictions are so compelling that not a fraction of a percent of the people could avoid them, even if they tried.  Since public education is mandatory and since everyone is taught in the government schools to comply with these jurisdictions, no one tries to avoid them.

The Commercial Jurisdiction

The commercial jurisdiction is imposed upon everyone by the requirement of permits and licenses all of which are enforced by the impositions of penalties, confiscations of inventory, seizures of businesses, imprisonment, etc.

The Military Jurisdiction

This jurisdiction could be voluntary, but it isn't.


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In this regard, it would be interesting to read my essay, They Can Fool Too Many Of The People Too Much Of The Time.  It happens that, by a little known quirk of fractional reserve banking, the Federal Reserve System potentially has an unlimited power to force foreclosures on mortgages, regardless of the integrity of the borrower.

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The Search for the Long and Winding Doctrine
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"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.  That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it ...."
— from the Declaration of Independence
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Because of these limitless powers, mandatory jurisdictions, and sovereignty of the officers of the government, the U.S. government must be viewed as a despotism, sweetened only by the lavish availability of privileges.  However, the legitimate purpose of government (assuming that there is a legitimate purpose) isn't to sell privileges but to secure rights.  I believe that, having failed in the performance of its purpose, the U.S. Constitution should be terminated.

You, of course, may disagree with me and I invite you to prove me wrong.  You can do so by renouncing the jurisdictions established by the Constitution, remaining within the geographical boundaries claimed by the U.S. government, and openly disregarding it's powers.  If you succeed, then I'd like to know how you did it.  Hopefully, I can be reached at the address at the bottom of this page.  If you don't succeed, then QED.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


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A Summay of the Powers Delegated to the Congress
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The Power of the Congress to... ...is delegated in...
pass laws to direct the manner of conducting the census Article 1, Section 2, Clause 3

pass laws to alter the times and manner of holding elections for Senators and Representatives Article 1, Section 4, Clause 1

pass laws to appoint a different day on which to assemble (Now superseded) Article 1, Section 4, Clause 2

lay and collect taxes, duties, imposts and excises Article 1, Section 8, Clause 1

borrow money on the credit of the United States Article 1, Section 8, Clause 2

regulate commerce with foreign nations, and among the several States, and with the Indian tribes Article 1, Section 8, Clause 3

establish a uniform rule of naturalization Article 1, Section 8, Clause 4

establish uniform laws on the subject of bankruptcies throughout the United States Article 1, Section 8, Clause 4

coin money, regulate the value thereof, and of foreign coin Article 1, Section 8, Clause 5

fix the standard of weights and measures Article 1, Section 8, Clause 5

provide for the punishment of counterfeiting the securities and current coin of the United States Article 1, Section 8, Clause 6

establish post offices and post roads Article 1, Section 8, Clause 7

regulate patents and copyrights Article 1, Section 8, Clause 8

constitute tribunals inferior to the Supreme Court Article 1, Section 8, Clause 9 
(See Article  3, Section  1)

define and punish piracies and felonies committed on the high seas, and offenses against the law of nations Article 1, Section 8, Clause 10

declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water Article 1, Section 8, Clause 11

raise and support armies Article 1, Section 8, Clause 12

provide and maintain a navy Article 1, Section 8, Clause 13

make rules for the government and regulation of the land and naval forces Article 1, Section 8, Clause 14

provide for calling forth the militia Article 1, Section 8, Clause 15

provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States Article 1, Section 8, Clause 16

prescribe the discipline for training the militia Article 1, Section 8, Clause 16

exercise exclusive legislation in all cases whatsoever over Washington, D.C.  and the federal enclaves Article 1, Section 8, Clause 17

make all laws that are necessary and proper for executing all powers vested by the Constitution in the Government of the United States, or in any department or officer thereof Article 1, Section 8, Clause 18

give consent for the acceptance by public officers of presents, emoluments, offices, or titles, from a King, Prince, or foreign State Article 1, Section 9, Clause 8

give consent for States to lay imposts or duties on imports or exports Article 1, Section 10, Clause 2

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give consent for States to lay duties of tonnage, keep troops, or ships of war in time of peace, enter into agreements or compacts with other States, or with foreign powers, or engage in war Article 1, Section 10, Clause 3

determine the time of choosing the Presidential and Vice Presidential Electors, and the day on which they shall give their votes Article 2, Section 1, Clause 4

provide for the case of removal, death, resignation or inability of the Vice President and of removal, death or resignation of the President Article 2, Section 1, Clause 6

establish officers of the United States whose appointments are not provided for in the Constitution  Article 2, Section 2, Clause 2

vest the appointment of such officers in the President alone, in the courts of law, or in the heads of departments Article 2, Section 2, Clause 2

establish courts inferior to the Supreme Court Article 3, Section 1
(See Article 1, Section  8, Clause 9)

review the behavior of the judges Article 3, Section 1

make exceptions to and regulate the appellate jurisdiction of the Supreme Court Article 3, Section 2, Clause 2

designate the locations of trials for crimes not committed within any State Article 3, Section 2, Clause 3

declare the punishment of treason Article 3, Section 3, Clause 3

prescribe the manner in which public acts, records, and judicial proceedings of every state shall be proved, and the effect thereof Article 4, Section 1

admit new States to the union Article 4, Section 3, Clause 1

approve the admission to the union of new States formed by the junction of two or more States or parts of States Article 4, Section 3, Clause 1

dispose of and make all needful rules and regulations respecting the territory or property belonging to the United States Article 4, Section 3, Clause 2

propose one or the other mode of ratification of amendments Article 5

prescribe by law the manner in which soldiers may, in time of war, be quartered in any house Amendment 3

determine the due process of law whereby a person may be deprived of life, liberty, or property Amendment 5

determine by law the districts of judicial jurisdiction within the States Amendment 6

enforce by appropriate legislation the prohibition against slavery and involuntary servitude Amendment 13, Section 2

remove disability imposed by Section 3 of the Fourteenth Amendment Amendment 14, Section 3

prevent any state from making or enforcing any law which shall abridge the privileges or immunities of citizens of the United States Amendment 14, Section 5

prevent any state from depriving any person of life, liberty, or property, without due process of law Amendment 14, Section 5

prevent any state from depriving any person within its jurisdiction of the equal protection of the laws Amendment 14, Section 5

reduce the basis for representation of a state whenever voting rights are denied in that State Amendment 14, Section 5

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enforce payment of the debts of the United States, and prevent payment of the debts of the Confederacy Amendment 14, Section 5

prevent the United States or any state from abridging or denying the right of any citizen to vote Amendment 15, Section 2

lay and collect taxes on incomes Amendment 16

enforce the prohibition of intoxicating liquors (revised by the Twenty First Amendment) Amendment 18, Section 2

prevent the United States or any state from denying or abridging, on the basis of sex, the right to vote Amendment 19, Section 2

appoint the day when Congress shall assemble Amendment 20, Section 2

provide for the case wherein neither a President-elect nor a Vice-President-elect shall have qualified Amendment 20, Section 3

provide for the case of the death of any of the persons from whom the House of Representatives may choose a President, and of any of the persons from whom the Senate may choose a Vice President Amendment 20, Section 4

pass laws prohibiting intoxicating liquors Amendment 21, Section 2

direct the manner of appointment of the electors for the District constituting the seat of government of the United States Amendment 23, Section 1

enforce the appointment of the electors for the District constituting the seat of government of the United States, and enforce the performance of their duties Amendment 23, Section 2

prevent the abridgment or denial, due to failure to pay any tax, of the right to vote Amendment 24, Section 2

confirm the president's nominee for vice president Amendment 25, Section 2

provide by law which body is empowered to declare the president unable to discharge the powers and duties of his office Amendment 25, Section 4

determine, when notified, whether or not the president is able to discharge the powers and duties of his office Amendment 25, Section 4

prevent the denial or abridgment, based on age, of the right to vote Amendment 26, Section 2
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A Summary of the Powers Delegated to the Senate
The power to... ...is delegated in...
try all impeachments Article 1, Section 3, Clause 6

judge the elections, returns and qualifications of its own members Article 1, Section 5, Clause 1

compel the attendance of absent members Article 1, Section 5, Clause 1

determine the rules of its proceedings, and punish or expel members Article 1, Section 5, Clause 2

exclude from its Journal any information that the members judge to require secrecy Article 1, Section 5, Clause 3

consent to adjourn for more than three days, or to another place than that in which the two Houses are sitting Article 1, Section 5, Clause 4

propose or concur with amendments to revenue bills Article 1, Section 7, Clause 1

initiate an over-ride of a presidential veto of a bill Article 1, Section 7, Clause 2

initiate an over-ride of a presidential veto of an order, resolution, or vote to which the concurrence of the Senate may be necessary Article 1, Section 7, Clause 3

provide advice and consent to treaties and nominations Article 2, Section 2, Clause 2

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A Summary of the Powers Delegated to the House of Representatives
The power... ...is delegated in...
to choose its Speaker and other officers Article 1, Section 2, Clause 5

of impeachment Article 1, Section 2, Clause 5

to judge the elections, returns and qualifications of its own members Article 1, Section 5, Clause 1

to compel the attendance of absent members Article 1, Section 5, Clause 1

to determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member Article 1, Section 5, Clause 2

to exclude from its Journal any information which the members judge to require secrecy Article 1, Section 5, Clause 3

to consent to adjourn for more than three days or to any other place than that in which the two Houses are sitting Article 1, Section 5, Clause 4

to originate bills for raising revenue Article 1, Section 7, Clause 1

to over-ride a presidential veto of a bill Article 1, Section 7, Clause 2

to over-ride a presidential veto of an order, resolution, or vote to which the concurrence of the House of Representatives may be necessary Article 1, Section 7, Clause 3
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The power to... ...is delegated in...

approve or disapprove bills Article 1, Section 7, Clause 2

approve or disapprove orders, resolutions, or votes to which the concurrence of the Senate and House of Representatives may be necessary Article 1, Section 7, Clause 3

exercise the executive power vested by the Constitution Article 2, Section 1, Clause 1

act as commander-in-chief of the Army and Navy of the United States, and of the militia of the several States, when they are called into the actual service of the United States Article 2, Section 2, Clause 1

require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices Article 2, Section 2, Clause 1

grant reprieves and pardons for offenses against the United States, except in cases of impeachment. Article 2, Section 2, Clause 1

make treaties Article 2, Section 2, Clause 2

nominate and appoint ambassadors, other public ministers and consuls, Judges of the Supreme Court, and all other officers of the United States, whose appointments are not otherwise provided for in the Constitution Article 2, Section 2, Clause 2

fill up all vacancies that may happen during the recess of the Senate Article 2, Section 2, Clause 3

on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper Article 2, Section 3

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transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, and resume the powers and duties of his office Amendment 25, Section 4
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The power... ...is delegated in...

of the Congress to call forth the militia Article 1, Section 8, Clause 15

to suspend the writ of habeas corpus Article 1, Section 9, Clause 2

to hold a person to answer for a capital, or otherwise infamous crime without a presentment or indictment of a grand jury Amendment 5


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The power of the state legislatures to... ...is delegated in...

prescribe the times, places and manner of holding elections for Senators and Representatives Article 1, Section 4, Clause 1

direct the manner in which electors shall be appointed Article 2, Section 1, Clause 2

apply to the federal government for protection from domestic violence Article 4, Section 4

apply to the Congress to call a convention for proposing amendments to the Constitution Article 5

ratify proposed amendments to the Constitution Article 5

empower the executive of the state to make temporary appointments to fill vacancies Amendment 17, Section 2

direct the elections to fill vacancies Amendment 17, Section 2

prohibit intoxicating liquors Amendment 21, Section 2

The power of the state executives to... ...is delegated in...

apply to the United States (when the Legislature cannot be convened) for protection against domestic violence Article 4, Section 4

issue writs of election to fill vacancies in the representation of the state in the Senate or to make temporary appointments to fill such vacancies Amendment 17, Section 2

The power of the states to... ...is delegated in...

appoint the officers of the militia, and train the militia Article 1, Section 8, Clause 16

consent to the purchase by the United States of places wherein the Congress shall have exclusive legislative jurisdiction Article 1, Section 8, Clause 17

call conventions to ratify proposed amendments to the Constitution Article 5

ratify the Constitution Article 7, Clause 1

exercise powers not delegated to the United States, nor prohibited to the states Amendment 10

enforce prohibition Amendment 18, Section 2

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Oaths
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Army Officer's Oath
"I, __________ having been appointed an officer in the Army of the United States, as indicated above in the grade of __________ do solemnly swear (or affirm ) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same;  that I take this obligation freely, without any mental reservation or purpose of evasion;  and that I will well and faithfully discharge the duties of the office upon which I am about to enter; SO HELP ME GOD."
— from the Army Officer's Guide
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Enlisted Men's Oath
I, __________, do hereby acknowledge to have voluntarily enlisted under the conditions prescribed by law, this _____ day of __________, 19_____, in the __________ for a period of __________ years unless sooner discharged by proper authority;  and I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic;  that I will bear true faith and allegiance to the same;  and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations, and the Uniform Code of Military Justice.  So help me God.
— from the Enlistment Contract
Armed Forces of the United States

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 


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Glossary

AFFIDAVIT (Lat.).  In Practice.  A statement or declaration reduced to writing, and sworn or affirmed to before some officer who has authority to administer an oath or affirmation.

It differs from a deposition in this, that in the latter the opposite party has an opportunity to cross-examine the witness, whereas an affidavit is always taken ex parte;  Gresley, Eq.  Ev.  413; 3 Blatch.  456.

An affidavit includes the oath, and may show what facts the affiant swore to, and thus be available as an oath, although unavailable as an affidavit;  28 Wis.  460.

By general practice, affidavits are allowable to present evidence upon the hearing of a motion, although the motion may involve the very merits of the action;  but they are not allowable to present evidence on the trial of an issue raised by the pleadings.  Here the witnesses must be produced before the adverse party.  They are generally required on all motions to open defaults or to grant delay in the proceedings and other applications by the defendant addressed to the favor of the court.

Formal parts.  -An affidavit must intelligibly refer to the cause in which it is made.  The strict rule of the common law is that it must contain the exact title of the cause.  This, however, in not absolutely essential;  80 Ill.  307.  The place where the affidavit is taken must be stated, to show that it was taken within the officer's jurisdiction;  1 Barb. Ch. Pr. 601.  The deponent must sign the affidavit at the end;  11 Paige, Ch.  173.  The jurat must be signed by the officer with the addition of his official title.  In the case of some officers the statutes conferring authority to take affidavits require also his seal to be affixed.

In general, an affidavit must describe the deponent sufficiently to show that he is entitled to offer it;  for example, that he is a party, or agent or attorney of a party, to the proceeding;  7 Hill, 177;  4 Denio, 71,  258;  and this matter must be stated, not by way of recital or as mere description, but as an allegation in the affidavit;  3 N.Y. 41;  8 id.158.

 ^      — Bouvier's Law Dictionary
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Allegiance....  Obligation of fidelity and obedience to government in consideration for protection that government gives.  U.S. v. Kuhn, D.C.N.Y., 49 F.Supp. 407, 414.  See also Oath of allegiance.

Acquired allegiance, is that binding a naturalized citizen.

Local or actual allegiance, is that measure of obedience due from a subject of one government to another government, within whose territory he is temporarily resident.  From this are excepted foreign sovereigns and their representatives, naval and armed forces when permitted to remain in or pass through the country or its waters.

Natural allegiance. In English law, that kind of allegiance which is due from all men born within the king's dominions, immediately upon their birth, which is intrinsic and perpetual, and cannot be divested by any act of their own.  In American law, the allegiance due from citizens of the United States to their native country, and also from naturalized citizens, and which cannot be renounced without the permission of government, to be declared by law.

— Black's Law Dictionary
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Appearance.  A coming into court as party to a suit, either in person or by attorney, whether as plaintiff or defendant.  The formal proceeding by which a defendant submits himself to the jurisdiction of the court.  The voluntary submission to a court's jurisdiction.

In civil actions the parties do not normally actually appear in person, but rather through their attorneys.  Also, at many stages of criminal proceedings, particularly involving minor offenses, the defendant's attorney appears on his behalf.  See e.g.Fed.R.Crim.P. 43.

An appearance may be either general or special; the former is a simple and unqualified or unrestricted submission to the jurisdiction of the court, the latter a submission to the jurisdiction for some specific purpose only, not for all the purposes of the suit.  A special appearance is for the purpose of testing the sufficiency of service or the jurisdiction of the court;  a general appearance is made where the defendant waives defects of service and submits to the jurisdiction.  Insurance Co. of North America v. Kunin, 175 Neb. 260, 121 N.W.2d 372, 375, 376.

See also General appearanceNotice to appear.

Appearance by attorney. An act of an attorney in prosecuting an action on behalf of his client.  Document filed in court in which attorney sets forth fact that he is representing a party to the action.


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Appearance docket. A docket kept by the clerk of the court in which appearances are entered, containing also a brief abstract of all the proceedings in the cause.

Common law classifications. At common law an appearance could be either compulsory or voluntary, the former where it was compelled by process served on the party, the latter where it was entered by his own will or consent, without the service of process, though process may be outstanding.  Also, optional when entered by a person who intervened in the action to protect his own interests, though not joined as a party; conditional, when coupled with conditions as to its becoming or being taken as a general appearance; gratis, when made by a party to the action, but before the service of any process or legal notice to appear;  de bene esse, when made provisionally or to remain good only upon a future contingency;  or when designed to permit a party to a proceeding to refuse to submit his person to the jurisdiction of the court unless it was finally determined that he had forever waived that right;  subsequent, when made by a defendant after an appearance had already been entered for him by the plaintiff; corporal, when the person was physically present in court.

Initial appearance. A court proceeding for a defendant charged with a felony, during which the judge advises the defendant to the charges against him and of his right, decides upon bail and/or other conditions of release, and sets the date for a preliminary hearing.  See e.g.Fed.R.Crim. P. 5.

Notice of appearance. A notice given by defendant to a plaintiff that he appears in the action in person or by attorney.

— Black's Law Dictionary
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Citizen.  One who, under the Constitution and laws of the United States, or of a particular state, is a member of the political community, owing allegiance and being entitled to the enjoyment of full civil rights.  All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.  U.S. Const., 14th Amend.

The term may include or apply to children of alien parents born in United States, Von Schwerdtner v. Piper, D.C.Md., 23 F.2d 862, 863; U.S. v. Minoru Yasui, D.C.Or., 48 F.Supp., 40, 54;  children of American citizens born outside United States, Haaland v. Attorney General of United States, D.C.Md., 42 F.Supp. 13, 22;  Indians, United States v. Hester, C.C.A.Okl., 137 F.2d 145, 147;  State v. McAlhaney, 220 N.C. 387, 17 S.E.2d 352, 354;  national banks, American Surety Co. v. Bank of California, C.C.A.Or., 133 F.2d 160, 162;  nonresident who has qualified as administratrix of estate of deceased resident, Hunt v. Noll, C.C.A.Tenn., 112 F.2d 288, 289.  However, neither the United States nor a state is as citizen for purposes of diversity jurisdiction.  Skandia American Reinsurance Corp. v. Schenck, 441 F.Supp. 715;  Jizemerjian v. Dept. of Air Force, 457 F.Supp. 820.  On the other hand, municipalities and other local governments are deemed to be citizens.  Rieser v. District of Columbia, 563 F.2d 462.  A corporation is not a citizen for purposes of privileges and immunities clause of the Fourteenth Amendment, D.D.B. Realty Corp. v. Merrill, 232 F.Supp. 629, 637.

"Citizens" are members of a political community who, in their associated capacity, have established or submitted themselves to the dominion of a government for the promotion of their general welfare and the protection of their individual as well as collective rights.  Herriott v. City of Seattle, 81 Wash.2d 48, 500 P.2d 101,109.

— Black's Law Dictionary
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CONSTITUTION.  The fundamental law of a state, directing the principles upon which the government is founded, and regulating the exercise of the sovereign powers, directing to what bodies or persons those powers shall be confided and the manner of their exercise.

Constitution, in the former law of the European continent, signified as much as decree, -a decree of importance, especially ecclesiastical decrees.  The decrees of the Roman emperors referring to the jus circa sacra,contained in the Code of Justinian, have been repeatedly collected and called the Constitutions.  The famous bull Unigenitus was usually called in France the Constitution.  Comprehensive laws or decrees have been called constitutions;  thus, the Constitutio Criminalis Carolina, which is the penal code decreed by Charles V. for Germany, the Constitutions of Clarendon (q.v.).  In political law the word constitution came to be used more and more for the fundamentals of a government, - the laws and usages which give it its characteristic feature.  We find, thus, former English writers speak of the constitution of the Turkish empire.  These fundamental laws and customs appeared to our race especially important where they limited the power and action of the different branches of government;  and it came thus to


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pass that by constitution was meant especially the fundamental law of a state in which the citizen enjoys a high degree of civil liberty;  and, as it is equally necessary to guard against the power of the executive in monarchies, a period arrived - namely, the first half of the present century - when Europe, and especially on the continent, the term constitutional government came to be used in contradistinction to absolutism.

We now mean by the term constitution, in common parlance, the fundamental law of a free country, which characterizes the organism of the country and secures the rights of the citizen and determines his main duties as a freeman.  Sometimes, indeed, the word constitution has been used in recent times for what otherwise is generally called an organic law.  Napoleon I. styled himself Emperor of the French by the Grace of God and the Constitutions of the Empire.

Constitutions were generally divided into written and non-written constitutions, analogous to leges scriptae and non scriptae. These terms do not indicate the distinguishing principle;  Lieber, therefore, divides political constitutions into accumulated or cumulative constitutions and enacted constitutions.  The constitution of ancient Rome and that of England belong to the first class.  The latter consists of the customs, statutes, common laws, and decisions of fundamental importance.  The Reform act is considered by the English a portion of the constitution as much as the trial by jury or the representative system, which have never been enacted, but correspond to what Cicero calls leges natae.  Our constitutions are enacted;  that is to say, they were, on a certain day and by a certain authority, enacted as a fundamental law of the body politic.  In many cases enacted constitutions cannot be dispensed with, and they have certain advantages which cumulative constitutions must forego;  while the latter have some advantages which the former cannot obtain.  It has been thought, in many periods, by modern nations, that enacted constitutions and statutory law alone are firm guarantees of rights and liberties.  This error has been exposed in Lieber's Civil Liberty.  Nor can enacted constitutions dispense with the "grown law" (lex nata).  For the meaning of much that an enacted constitution establishes can only be found by the grown law on which it is founded, just as the British Bill of Rights (an enacted portion of the English constitution) rests on the common law.

Enacted constitutions may be either octroyed, that is, granted by the presumed full authority of the grantor, the monarch;  or they may be enacted by a sovereign people prescribing high rules of action and fundamental laws for its political society, such as ours is;  or they may rest on contracts between contracting parties, - for instance, between the people and a dynasty, or between several states.  We cannot enter here into the interesting inquiry concerning the points on which all modern constitutions agree, and regarding which they differ, - one of the most instructive inquiries for the publicist and jurist.  See Hallam's Constitutional History of England;  Story on the Constitution;  Sheppard's Constitutional Text-Book;  Elliot's Debates on the Constitution, etc.;  Lieber's article (Constitution), in the Encyclopedia Americana;  Rotteck's article Constitution, in the Staats-Lexicon, 2d ed.

— Bouvier's Law Dictionary
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despotism, n.  1.  Absolute power;  authority unlimited and uncontrolled by constitution or laws, and depending alone on the will of the ruler.

2.  An arbitrary government;  the rule of a despot;  absolutism;  autocracy.

3.  Figuratively, absolute power or influence of any kind.

Such is the despotism of the imagination over uncultivated minds.  -Macaulay.

— Webster's Universal Dictionary
of the English Language
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Eminent domain....  The power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character.  Housing Authority of Cherokee National of Oklahoma v. Langley, Okl., 555 P.2d 1025, 1028 Fifth Amendment, U.S.  Constitution.

In the United States, the power of eminent domain is founded in both the federal (Fifth Amend.) and state constitutions.  However, the Constitution limits the power to taking for a public purpose and prohibits the exercise of the power of eminent domain without just compensation to the owners of the property which is taken.  The process of exercising the power of eminent domain is commonly referred to as "condemnation", or, "expropriation".

The right of eminent domain is the right of the state, through its regular organization, to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good.  Thus, in time of war or insurrection, the proper authorities may possess and hold any part of the


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territory of the state for the common safety;  and in time of peace the legislature may authorize the appropriation of the same to public purposes, such as the opening of roads, construction of defenses, or providing channels for trade or travel.  Eminent domain is the highest and most exact idea of property remaining in the government, or in the aggregate body of the people in their sovereign capacity.  It gives a right to resume the possession of the property in the manner directed by the constitution and the laws of the state, whenever the public interest requires it.

See also Adequate compensation;  Condemna-tion;  Constructive taking;  Damages;  Expropriation;  Fair market value;  Just compensation;  Larger parcel;  Public use;  Take.

Expropriation.  The term "expropriation" (used e.g. in Louisiana) is practically synonymous with the term "eminent domain".  Tennessee Gas Transmission Co. v. Violet Trapping Co., La.App., 200 So.2d 428, 433.

Partial taking. The taking of part of an owner's property under the laws of eminent domain.  Compensation must be based on damages or benefits to the remaining property, as well as the part taken.  See Condemnation.

 ^      — Black's Law Dictionary
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EXCLUSIVE....  Shutting out;  debarring from participation.  Shut out;  not included.

An exclusive right or privilege, as a copyright or patent, is one which may be exercised and enjoyed only by the person authorized, while all others are forbidden to interfere.

When an act is to be done within a certain period from a particular time, as, for example, within ten days, one day is to be taken inclusive and the other exclusive.  See Hob. 139;  Cowp. 714;  Dougl. 463;  2 Mod. 280;  3 Penn. 200;  1 S. & R. 43;  3 B. & Ald. 581;  3 East, 407;  Comyns, Dig. Estates (G8) Temps (A);  2 Chitty, Pract. 69, 147.

— Bouvier's Law Dictionary
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Lawful....  Further, the word "lawful" more clearly implies an ethical content than does "legal."  The latter goes no further than to denote compliance, with positive, technical, or formal rules;  while the former usually imports a moral substance or ethical permissibility....
— Black's Law Dictionary
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Pursuant.  A following after or following out.  To execute or carry out in accordance with or by reason of something.  To do in consequence or in prosecution of anything.  "Pursuant to" means "in the course of carrying out:  in conformance to or agreement with:  according to" and, when used in a statute, is a restrictive term.  Knowles v. Holly, 82 Wash.2d 694, 513 P.2d 18, 23.
— Black's Law Dictionary
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TERRITORY.  A part of a country separated from the rest and subject to a particular jurisdiction.

The word is derived from terreo, and is said to be so called because the magistrate within his jurisdiction has the power of inspiring a salutary fear.  Dictum est ab eo qoud magistratus intra fines ejus terendi jus habet.  Henrion de Pansy, Auth. Judiciaire, 98.  In speaking of the ecclesiastical jurisdictions, Fancis Duaren observes that the ecclesiastics are said not to have territory, nor the power of arrest or removal, and are not unlike the Roman magistrates of whom Gellius says vocationem habebant non prehensionem. De Sacris Eccles. Minist. lib. 1, cap. 4.

In American law.  A portion of the country subject to and belonging to the United States which is not within the boundary of any state or the District of Columbia.

The constitution of the United States, art. 4, s. 3, provides that the congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory or other property of the United States;  and nothing in this constitution shall be construed so as to prejudice any claims of the United States or of any state.

Congress possesses the power to erect territorial governments within the territory of the United States:  the power of congress over such territory is exclusive and universal, and their legislation is subject to no control, unless in the case of ceded territory, as far as it may be affected by stipulations in the cessions, or by the ordinance of 1787, under which any part of it has been settled.  Story, Const. sect. 1322;  Rawle, Const. 237;  1 Kent, 243, 359;  1 Pet. 511.  See the articles on the various territories;  STATE.  As to whether a territory is a state under the judiciary act, see STATE.

— Bouvier's Law Dictionary

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References
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1. 1889
A LAW DICTIONARY, ADAPTED TO THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, AND OF THE Several States of the American Union: WITH REFERENCES TO THE CIVIL AND OTHER SYSTEMS OF FOREIGN LAW.  BY JOHN BOUVIER. Fifteenth Edition, J.  B.  LIPPINCOTT COMPANY.  PHILADELPHIA, 1889
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2. 1910
WEBSTER'S UNIVERSAL DICTIONARY OF THE ENGLISH LANGUAGE AND COMPLETE ATLAS OF THE WORLD, COMPRISING THE AUTHORITATIVE UNABRIDGED DICTIONARY BY NOAH WEBSTER, LL.  D.  UNDER THE EDITORIAL SUPERVISION OF THOMAS H.  RUSSELL, LL.  B., LL.  D., A.  M., A.  C.  BEAN, M.  E., LL.  B., AND L.  B.  VAUGHAN, PH. B., PREPARED FOR PUBLICATION BY GEORGE W.  OGILVIE, PUBLISHED BY THE SAALFIELD PUBLISHING CO., CHICAGO, AKRON, OHIO, NEW YORK, 1910-1911, Copyright 1910, by GEO.  W.  OGILVIE
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3. 1952
ARISTOTLE'S POLITICS AND POETICS, Translated by BENJAMIN JOWETT & THOMAS TWINING, with an Introduction by LINCOLN DIAMANT, FINE EDITIONS PRESS, CLEVELAND, 2WP853, THE SPECIAL CONTENTS OF THIS EDITION COPYRIGHT 1952 BY THE WORLD PUBLISHING COMPANY, MANUFACTURED IN THE UNITED STATES OF AMERICA
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4. 1968
ENLISTMENT CONTRACT - ARMED FORCES OF THE UNITED STATES, Budget Bureau No.  22-R016, DD FORM 4, 1 APR 68, REPLACES DD FORM 4, 1 AUG 66, WHICH IS OBSOLETE, S/N-0102-000-1001
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5. 1979
BLACK'S LAW DICTIONARY; Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern, By HENRY CAMPBELL BLACK, M.  A., FIFTH EDITION BY THE PUBLISHER'S EDITORIAL STAFF, WEST PUBLISHING CO., ST.  PAUL MINN., COPYRIGHT © 1979 By WEST PUBLISHING CO.
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6. 1984
The United States Government Manual 1984/85, Office of the Federal Register, National Archives and Records Service, General Services Administration, John E.  Byrne, Director of the Federal Register, Robert M.  Warner, Archivist of the United States, Ray Kline, Acting Administrator of General Services, Revised May 1, 1984
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7. 1985
The Army Officer's Guide, Lawrence P.  Crocker, Stackpole Books, 1985, 43rd edition, Harrisburg Pennsylvania
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8. 1990
In Search of the Supreme Flaw of the Land:  Perpetual Union, Monday, July 2, 1990, Sam Aurelius Milam III
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9. 1990
The Long And Winding Doctrine:  Social Contract, Sunday, April 15, 1990, Sam Aurelius Milam III
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10. 1991
In Search of the Supreme Flaw of the Land:  The Bill of Rights, Monday, December 9, 1991, Sam Aurelius Milam III
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11. 1991
Linda Sue Avants, Thursday, March 14, 1991, Sam Aurelius Milam III
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12. 1991
They Can Fool Too Many Of The People Too Much Of The Time, Saturday, February 16, 1991, Sam Aurelius Milam III

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