"Fortunately, we are aided in our quest for a resolution to the confusion between the two nouns, “United States” and “United States of America” by the universal rule against ambiguities in written law: written law must have but one clear meaning.
Because
unwritten law is or has been the subject of written commentaries, unwritten law in the classroom has been successfully combined with written law and as a consequence the law of freedom has been the worst for it. If you have had any kind of legal education, training or instruction it was in the written form of law and if you believe what you have been taught, you will believe that written law is superior to unwritten law, when in fact the opposite is true.
You must understand that you are at a distinct disadvantage, if you believe the Constitution of the United States is the source of your freedom and the fountain of all American freedom and justice, as many do. This lesson is intended to provide the orientation you need to guide your thinking about law, so you will not confuse written with unwritten law principles.
The Declaration of Independence is the first of the Organic Laws of the United States of America; it stands for the legal proposition that free people cannot be bound to any government which they deem to be a tyrannical. The Constitution of September 17, 1787 is the last of the Organic Laws and in between those two we will find the two Organic Laws which define and explain why and where the mirror
image of the Constitution of September 17, 1787, the Constitution of the United States, is the supreme law of the land.
If you are to learn all the law, you must become a critical reader and endeavor to cultivate your natural common sense, which must prevail except where in a very clear and specific way written law controls written law subjects. The truth is the Constitution is the
ultimate written law and in the land where that Constitution is the only written law and that law is the supreme law of that land.
Someone who starts with only God given common sense and rudimentary knowledge of unwritten law has a better chance of learning all the law than the flag waving constitutionalists, who believes the Constitution of the United States really is the supreme law
of all the land. The truth is the Constitution of the United States, as written law, is severely limited by its own language and so too is the land over which that Constitution is supposedly supreme. If you are of good moral character and have integrity, you did not get that from the Constitution or any written law.
Good old common sense may or may not be inherited from one’s parents,
but it certainly isn’t acquired out of some law book. Over time, those parents add to that store of knowledge of unwritten law upon which a life of character and personal integrity is built.
Prior legal training is a definite disadvantage, unless the student quickly learns that more than half of law is common sense and unwritten law. Also disadvantaged are those who have been taught
the law by those who have taken a State’s bar examination. Members of the bar, the professional lawyers, swear or affirm an oath to support the Constitution of the United States that claims to be the supreme law of the land.
Learn all the Constitution’s secrets, about the Presidency George Washington created when he combined the two offices: President of the United States and President
of the United States of America.
You must work a little harder and longer in order to piece together the true story of the Constitution of the United States. Some of that truth is where federal law and the Constitution of the United States is the law, because only unwritten law is the supreme law everywhere.
Why does nearly everyone believe the Constitution is the supreme law? The answer is simple it says so right in the Constitution in Article VI, Clause 2: 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
It should have been obvious to any student of the Confederation Congress that the “Land” in the sentence above referred to the Northwest Territory and the “United States” in the statement: “all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land,” referred to the Confederacy, the United States of America.
Obviously, there were no active students of the Confederation Congress, government or the law during the formation of the Organic Laws of the United States of America.
Public education on the subjects of law and government will be limited to what government wants you to know. Government wants you to know the Constitution of
September 17, 1787 as the ultimate written law which binds you to more written laws made by people allegedly empowered by that document to govern and tax more without limitation.
Government, which is limited by the written Organic Laws, secures those limitations by requiring its officers charged with the duties of that government to take an oath or affirmation to support one or more of
the Organic Laws. The officers of the so-called government of the United States, however, are not bound to support the Constitution of September 17, 1787, because George Washington, the first person to be elected President of the United States of America by the method described in Article II, Section 1, Clauses 2 & 3, did not take the Article VI oath or affirmation “to support this Constitution,” meaning the Constitution of September 17, 1787.
Instead, Washington took the oath of office for the office of President of the United States, which office sounded enough like the President of the United States of America to be confused one for the other. The constitution George Washington swore to “preserve, protect and defend” was the Article IV “Territory and other Property belonging to the United States.”
Mistaking the “United States” for the “United States of America” can be the basis for the two alleged forms of government said to prevail in America—a democracy and a republic. The Organic Laws of the United States of America must present the government of the United States clearly and without ambiguity as the administration of the “Territory or other Property belonging to the United States” of
America.
The original Constitution of September 17, 1787, was written and organized in a way that allows it to be represented as it is today—as a constitution for a new kind of government which would replace the Articles of Confederation of November 15, 1777.
The Articles of
Confederation were not replaced. However, all governments in America operate on the belief that the Articles of Confederation were replaced by the Constitution of September 17, 1787 and then an apparent majority of Americans began the construction of a democratic republic.
I have discovered some of the secrets of the Constitution a few of them will be revealed and explored
here.
The Constitution of the United States, before the Bill of Rights and the rest of the amendments, refers to the “United States” 49 times and only 3 times to the “United States of America,” if the one time it appears in the Preamble is counted.
The “United States of
America” is used in Article II Section 1 Clause 1: “The executive Power shall be vested in a President of the United States of America.” Possibly nine of the 49 uses of “United States” in the Constitution of September 17, 1787 can be attributed to the office of President of the United States.
In other writings, I have shown how the President of the United States of America and
President of the United States are two different offices joined in one President when the electoral votes for President of the United States of America are counted in Congress and a winner is announced and that person later takes the oath of office of President of the United States.
I use this kind of information to prove that the United States is the territory and property of the
United States of America and federal law is local to the United States.
The Declaration of Independence is the Organic Law which profoundly establishes the superiority of unwritten law and the local nature of written law.
Before the full thirteen State ratification of the
Constitution of September 17, 1787, Americans were subject to another even more supreme law of the land—the English common law. It was not the law for the territory and other property owned by the United States of America.
English common law was the supreme law of the land, because the English language is the thread which holds together the fabric of every English speaking society in
the world and the English common law is embedded in the English language. Every society structures its most elemental laws in its language and customs. English common law was not written law because the people in America who sat as jurors decided both the law and the facts of the case before them.
Prior to the ratification of the Constitution of September 17, 1787, by all thirteen
States, the English common law was the only supreme law of the land within all those States. The Articles of Confederation of November 15, 1777, as of March 1, 1781, was the supreme law of the thirteen States relating to matters embraced within the Articles of Confederation.
The Northwest Ordinance of July 13, 1787 set out a temporary government for the Northwest Territory in which the
Confederation Congress would decide what would be the supreme law of the land within “Territory or other Property belonging to the United States.” Establishment of the Constitution of September 17, 1787 by nine States could have no effect upon the operation of the English common law as the superior law in the States of Confederacy.
All the Organic Laws of the United States of America
do not yield laws for the United States of America, instead these are Article VI, Clause 2, “Laws of the United States,” the territory or other property owned by or subject to the exclusive jurisdiction of the United States of America:
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; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Article IV, Section 3, Clause 2 of the Constitution of September 17, 1787 merely restated what had been negotiated in the Treaty of Paris of 1783, in which King George III had given up all his powers including his proprietary power over the
Northwest Territory to the thirteen States of the Confederacy.
The Articles of Confederation of November 15, 1777, produced the Confederation Congress which enacted the Northwest Ordinance of July 13, 1787. Those Articles of Confederation were fully ratified on March 1, 1781 and thereafter the member States convened as the “United States in Congress assembled.”
From that date of final ratification of the Articles of Confederation to the ratification of the Constitution of September 17, 1787, the Confederation Congress enacted legislation on only one subject—the Northwest Territory. The States which would emerge from the tutelage of the Northwest Ordinance of July 13, 1787, Ohio, Illinois, Indiana, Wisconsin, Michigan and part of Minnesota, would
eventually become States of the Confederacy, but until then those States and similar future States would be called “United States.”
Unfortunately, the Constitution of September 17, 1787 provides only two clear unambiguous opportunities to make a distinction between the two phrases: “United States” and “United States of America.” The Constitution’s presentation of the two offices of
President of the United States and President of the United States of America is the first opportunity to compare the two Presidents before George Washington joins the two offices forever. The second chance to divine the difference between “United States” and “United States of America” appears in Article IV, Section 3, Clause 2.
George Washington very effectively removed that chance of
differentiating between the President of the United States and the President of the United States of America, by his creation of the American version of King George III—the present President of the United States.
The Organic Laws progress from the denunciation of King George III and the declaration of independence to the formation of the Confederacy by the ratification of the Articles
of Confederation; thence to victory over Great Britain and expansion of the “United States” by the acquisition of the Northwest Territory, which required the temporary government established by the Northwest Ordinance of July 13, 1787. The Organic Laws end with “this Constitution,” which alters the Articles of Confederation and makes permanent the temporary government enacted into law by the Confederation Congress.
“This Constitution,” meaning the Constitution which is first ratified by nine States to establish that Constitution among those States then by all thirteen, when tiny Rhode Island ratifies on May 29, 1790, is never adopted as a Constitution of the United States, because the “United States,” is the territory and other property belonging to the United States of America.
The free people of the United States of America already have a Constitution, in the Articles of Confederation of November 15, 1777, which limits both State and federal government. Thirteen States are required to alter the Articles of Confederation of November 15, 1777, so the ratification of this Constitution was the first step toward approving the alterations of the Articles of Confederation of November 15, 1777 contained in “this
Constitution,” the Constitution of September 17, 1787. The second and final approval of those States would come when the legislatures of the thirteen States confirmed the ratification of the Constitution of September 17, 1787, according to Article XIII of the Articles of Confederation.
“The Adoption of this Constitution” according to the requirements of Article II, Section 1, Clause 5
and Article VI, Clause 1 will not take place until the President of the United States of America and the members of the Congress of the United States take and subscribe the Article VI oath or affirmation “to support this Constitution.
Only when the President of the United States of America and members of the Congress of the United States take and subscribe the Article VI oath or
affirmation, will this “ordain and establish this Constitution for the United States of America.”
On June 21, 1788, New Hampshire became the ninth State to ratify the Constitution of September 17, 1787, thereby, according to Article VII, establishing this Constitution between the States so ratifying the same. Well, Article VI, Clause 2 became operative on June 21, 1788 and on certain
territory described as “the Land.”
As the identity of the first nine States could not be determined prior to the ratification of the Constitution of September 17, 1787, the ambiguous term, “the Land” could not have referred to the ratifying States. The Article VI, Clause 2 phrase, “the Land,” however, does refer to the Article I, Section 8, Clause 17 District or Places and to the
Article IV, Section 3, Clause 2 “Territory or other Property belonging to the United States.”
Based upon basic knowledge of all four of the Organic Laws, the Declaration of Independence initiated mankind’s liberation from government; the Articles of Confederation created a Confederacy of States which have expressly retained their sovereignty, freedom and independence and a guarantee of
free inhabitant status to those who choose not to be citizens; the Northwest Ordinance of July 13, 1787 was the temporary “supreme Law of the Land;” the amended Constitution of September 17, 1787 describes the permanent government for the Districts, Places, “Territory or other Property belonging to the United States.”
Why has the statement that this Constitution “shall be the supreme
Law of the Land,” been accorded a standing equivalent to the self-evident truths of the Declaration of Independence? The complete statement:
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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Although the term or phrase, “United States,” appears 49 times in the Constitution of September 17, 1787, “United States” is never defined or officially recognized as the “United States of America” it was in Article I of the Articles of Confederation of November 15,
1777. Therefore, the “United States” can have various meanings depending upon the context in which it is used. The “United States” might always mean the United States of America, but more accurately in one of its many manifestations in the Constitution of September 17, 1787, it has to have a meaning different from one of the meanings of the United States of America.
The “United
States” is used in Article I of the Constitution of September 17, 1787 to modify or describe the office of President of the United States and in Article II “United States of America” is used to modify or describe another office of President—the President of the United States of America.
The office of President of the United States of America is vested with the executive power and the
President of the United States is charged only with the duty of signing Bills of which he approves and making objections to those which he does not approve. Bills which are signed by the President of the United States become laws, apparently laws of the United States. Bills may become laws without the signature of the President of the United States, but all Bills must be presented to him before they become laws.
The sole duty of signing Bills he approves or making objections to those he does not approve makes the office of President of the United States legislative employment. The fact that the President of the United States does not have to sign a written oath of office makes that office an employment.
The lack of a definite term of
office confirms that the President of the United States is an employee of Congress. The President of the United States of America is not required, by the Constitution of September 17, 1787, to take either an oral or written oath or affirmation, so that makes him President of the United States of America under the Articles of Confederation of November 15, 1777.
Every President since
George Washington has taken only the Article II, Section 1, Clause 8 oath, which is not the Article VI, Clause 3 oath or affirmation required of all executive officers.
First and foremost the “United States of America” is the free country and nation launched by the Declaration of Independence of July 4, 1776 and the Articles of Confederation of November 15, 1777. Second, because the
Northwest Territory States of Ohio, Illinois, Indiana, Wisconsin, Michigan and part of Minnesota and the temporary government Northwest Territory were made a part of the perpetual Union and Confederacy, those “United States” became the core of the Constitution of the United States.
The four Organic Laws of the United States of America together describe the political apparatus that is
the Confederacy of the United States of America. That statement can be proven by a brief examination of the federal lawmaking power set out in Article I, Section 1 of the Constitution of September 17, 1787: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
Who grants all these
legislative powers? The first nine States of the Confederacy, the United States of America, who ratify the Constitution of September 17, 1787 becomes a Committee of States under Article IX and Article X of the Articles of Confederation.
These nine States or any combination of nine or more States would enact the Northwest Ordinance of July 13, 1787 as the United States in Congress
assembled.
What legislative power was being granted to “a Congress of the United States”? The only legislative power nine States or thirteen States of original Confederacy had, at the time of the ratification of the Constitution of September 17, 1787, was derived from the proprietary power the United States of America had as owner of the Northwest Territory.
The Organic Laws of the United States of America are easily divided in half, so that the Declaration of Independence of July 4, 1776 and the Articles of Confederation of November 15, 1777 are concerned with the freedom and national security of the American people. The Northwest Ordinance of July 13, 1787 and the Constitution of September 17, 1787 are really nothing more than subterfuges by which
government has been foisted on the American people and the world. The diligent subscriber will very quickly discover the facts which support my conclusions about the third and fourth Organic Laws.
Only the application of unwritten law will produce a fair or just result. It is not possible the get fairness or justice from written law. The disadvantage of a written law education is its
reliance on written law which belongs to the political State, so the result of the application written law will always favor a State indifferent to fairness or justice. Written law is always written to benefit the State. This country is a country ruled by men instead of laws, because George Washington became the father of that country, when he decided to become President of the United States as well as President of the United States of America.
The country we call the United States of America consists of two parts: one where the people are free inhabitants, who are described in Article IV of the Articles of Confederation of November 15, 1777, and the other where the people are called citizens and residents of the United States."
Dr. Eduardo M. Rivera
