Jurisdiction: Where does it come from?

in #anarchy7 years ago (edited)

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Jurisdiction: Where does it come from?

Many people believe that jurisdiction must come from the voluntary consent of the governed. But this isn't true, Just ask William Wallace; oh that's right he was drawn and quartered at the end of the Movie Braveheart.

Many people believe that they have a right to a fair trial, but that is a fiction which requires fealty to written law or to a monarch who affords such luxuries.

There is only one Absolute Right in this world that is NOT based on written law. That is the Right of Conquest or the Ability to Conquer a rival for those Extortionary Powers.

The Right of Conquest exists for us all. We all have the same rights as Genghis Kahn, Alexander, Augustus, Constantine, Charlemagne, The III Percenters, George Washington, Napoleon, Hugo Chavez and Joseph Roberts. But me?.... Without exercising those rights I have immensely less responsibility and problems... but if you're feeling froggy you too can jump, rebel and rule from the ashes here but without my support; nay... with my active resistance because what we have today is far better than any world an Ancap will produce or an Ancom will provide.

But if you do get froggy and attempt your own independence, there are a few extortionist competetors you'd have to fend off as well.

In the United States we threw off the chains of a Tyrannical Monarch of favor of self rule.

This is the goal of many Anarchists - Independence and Self Rule but in a Country of 300 Million it is now impossible without affecting someone else as you endeavor to provide for yourself and your family, independently.

We have a unique opportunity that I've heard many people want to squander.

Our government is still here to maintain personal freedoms to speak, to travel, to assemble, and to own property, encouraging people to create new businesses and grow the old ones.

Jurisdiction and Original Titles to the Patents for our lands in America has been created by Conquest of the Colonies originally Conquered by Great Britain, by Conquering the Western Territories from Mexico and the Indian Territories directly from them, by conveyance from France for Louisiana and Spain for Florida and Conquering the other island nations around the globe. We even tried and failed with Canada.

Jurisdiction has been delegated from the Territories to the Federal Union. A Public corporation Named United States of America subsequently delegated limited Separate Jurisdictions to the 50 States comprising the Union and down the line to Counties, Parishes and Municipalities within each State. The Federal Union still controls all jurisdiction in its non state territories.

Evidence of these jurisdictions is in the wars and blood shed to maintain this rule of law and by the very Legal Descriptions written to describe the physical limits thereof. Evidence of acquiescence to this jurisdiction is simply the mere fact of ones existence with the domain legally described not whether someone has agreed to be governed; for unless he is in active rebellion as William Wallace was (who had the opportunity to Sack London), then it can be said that he agrees with the law of the land.

Ergo, based on the ancient Right of Conquest and the rules set up by the beneficiaries of that Conquest in America, the United States of America's constitution is a covenant running with the land binding all those who inhabit it either by residence or by occupancy.

I have not seen it codified or even an accepted fact that the State must show that a criminal defendant has peacefully acquiesced to legitimize the State's Jurisdiction that was gained by earlier Right of Conquest or Treaty with a previous Jurisdiction.

I'm trying to make the case, however, that George Washington could have taken America and set himself up as a king but instead he and the other founders set up a self ruling republic with a written constitution and by-laws (statutes), opposing the pre-existing international world view that might has right, but relying on it for legitimacy in International Law.

The Right of Conquest still has its place in International law in recognizing other nations, as well as domestic law for upholding title to our lands otherwise our's is illegitimate and the natives progeny still have a claim to it otherwise.

So if you're going to be an Anarchist in America you're going to need to pay off the local Tribe of Native Americans in your area.

Thank you out to @garthfreeman for his input on this.

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I guess this works if you accept the premise that the Constitution and Declaration of Independence were just opiate for the masses, and not an actual legal foundation for the government.

Just because you can take something, doesn't mean it's yours, Raskolnikov. You are making the argument that might makes right, and I would tend to disagree. There is a right and there is a wrong. In the US we have tried to use law as an arbiter when there are conflicting interests, but we are human and therefore not perfect.

Jurisdiction, being a legal term, can only exist inside of a legal framework. The founders were trying to move us past the point where we decide who is in charge by who is the strongest. Someday, maybe humanity will get there. Probably not in my lifetime, though.

BTW, lots of people have gotten out of legal trouble by arguing jurisdiction, including yours truly, so it is a real thing and you don't have to kick the prosecuting attorney's ass to make it happen.

I'm trying to make the case that the US was set up to be self-rule as opposed to the pre-existing international world view that might has right. Right of Conquest still has its place in International law in recognizing other nations, as well as domestic law upholding title to our lands otherwise it's illegitimate and the natives still have a claim to it otherwise.

I guess I need to revise it to be more clear in that regard... and I am curious of the specifics in your jurisdiction argument.

Yeah, I think I missed that, but it could just be that I wasn't paying close enough attention.

I am not a lawyer, and I've been told by a few cops that I don't know what I'm talking about so I guess Caveat emptor. It's my understanding that Jurisdiction exists within specific geographical boundaries in which certain ruling authorities have a monopoly on the use of force and the enforcement of justice. For example in my case, when I was a teenager I was given an MIP along with abou 60 other kids for drinking out back behind the airport. The officer was a sheriff, and I argued he didn't have jurisdiction. Most of the kids paid the fine, but I went to the prosecuting attorney and showed him that we were on FAA land. He dropped the charges and agreed the sheriff had no jurisdiction.

The only reason any of that worked is because there exist a legal framework delegating the monopoly on the use of force for that area to the Federal Government. If those laws didn't exist, the sheriff's citation would have been valid.

Reading the Constitution and some of the founders' works leads me to the conclusion that most of them intended the states to retain jurisdiction for almost all criminal matters. It has only been gradually that the Feds have encroached on the states' jurisdiction and begun enforcing statutory code nationwide.

I'm not sure if that makes sense, but, like I said I'm no lawyer.

Yes it makes sense; just the other day the Sheriff in Las Vegas where the Bundy Ranch is at told them that the Sherrifs office didn't have jurisdiction on the Federal Land where the protest was at years ago.... but I disagree. The State has jurisdiction State Wide (not necessarily ownership just to jurisdiction). I'm trying to make a point with some people who claim the US has no jurisdiction if they don't agree with the contract.... type of stuff. ( I personally believe that the Federal government delegated jurisdiction to all the States (retaining some functions) and the therefore all the States jurisdiction is the dominant estate except for those functions).

That's interesting. What do you make of the tenth amendment, then? I always understood it to mean that the States gave certain powers and jurisdiction to the Federal Government, and the tenth was to specifically address the idea of the Feds taking more.

I am talking about territorial jurisdiction. First was Indian Territory. Conquered by the US for and named the Territory of Nebraska or (name the Territory not part of the 13 colonies) The Territory of Nebraska ceded all land Ownership and Quit Claimed any all Sovereign Jurisdiction to the US who then delegated it back keeping certain functions. The. Land was surveyed and patented and conveyed to people and private corporations. What wasn't surveyed was retained by the US.... Side note: in Florida the swamplands act gave all Ownership back to Florida regardless of existing survey or patent....

The Ninth and Tenth Amendments are simply catchalls for any functions they missed in the circular delegations. Imho.

I guess I didn't consider the states that weren't around when the constitution was written. That does present a weird problem. I guess that partially explains why there's so much federal land out west.

Tons of unsurveyed lands out west. That's why they created the BLM originally call mes the national grazing service. The Cattlemen at the time didn't want the land sold off and fenced in or to be required to lease it back for grazing at high rates.... but the Environazis have created ways that force the Cattlemen to have to lease it from the BLM defeating the whole purpose of the Grazing Service. Hence bundy's cattle wars in Vegas. @adamkokesh who Just filmed a fundraiser for one of the Bundy girls.

I revised it man. Thanks Garth.
~Conner

Yeah, it's clear enough now so even I can't miss it. BTW, I'm only a part time anarchist. Sometimes I wake up a minarchist...

That's funny!

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Self rule means direct democracy

And that would include a right to delegate my votes to someone else if I choose to. No? I understand that's not what we have today but don't discount wanting a simple life.

yes you can always delegate away your power.. that is what we do when we vote now anyway.

Well you've got the point anyway... ~Conner

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