Gene Owens
Constitutional Law
Back to Basics I

What is the Constitution? The Constitution is a contract. The Constitution/contract contains seven short articles, twenty-seven amendments and the Declaration of Independence is tied to the Constitution under article seven. The Constitution was signed on September 17, 1787 by delegates from twelve colonies. Rhode Island, the thirteenth colony, signed later.
In Article I Section 4 the Constitution directs: "The United States shall guarantee to every State in this Union a republican form of government,. . ." This article is not referring to any party. There is no party system outlined in the Constitution either in fact or in principle. The word republican is referring to the word republic, which comes from the Latin words res publica; res meaning thing and publica meaning public, the public thing is the law.
One of the most misunderstood and therefore harmful beliefs, to our freedoms, is that millions of American People falsely believe America is a democracy, with rule by majority vote. Article IV Section 4 clearly guarantees every State shall be a republic, there is nothing to argue about. Because Article IV Section 4 defines our form of government as a republic it will remain a republic until an Article V amendment changes that fact. Republic means to rule by law and in America our law is Constitutional Law. All of our representatives take an Oath of Office to support and defend the Constitution and therefore Constitutional Law. When you read the Constitution you are actually studying Constitutional Law.
The misunderstanding, that our form of government is a democracy has been intentional to take freedoms, not to give freedoms. In reality our Founders set up a mixed-constitution, to check the powers of government, with elements of different forms of government in it. We have elements of monarchy or rule by one vested in the president to veto bills and to give pardons. We have elements of oligarchy or rule by few vested in federal and state legislatures to make laws. We have elements of democracy vested in the People to elect our representatives. However, all of these different forms of government must stay within the boundary (pale) and understanding (ken) of the republic, rule by law, or their actions are null and void and of no effect whatsoever.
Article VI Clause 2 directs that the Constitution is the Supreme Law of the Land and all treaties and laws must be made within the pale and ken of the Constitution. This same article and clause also directs that all judges in every State shall be bound by the Constitution.
Another interesting fact is that the Constitution is a document or perfect distribution or perfect equipoise; meaning one clause cannot and must not be read as if to stand alone. When our representatives plan a redistribution of the Peoples money, for any reason, under pretense of the commerce clause or the welfare clause they must also look to Article I Section 1 and Section 8, the 5th Amendment, the 9th Amendment and the 10th Amendment.
Article I Section 1 does not allow Congress to do anything that is not an enumerated power; Section 8 list all the powers Congress can act upon; the 5th Amendment forbids the taking of the Peoples money (property) without just compensation; under the 9th Amendment the government has no no right to take property and under the 10th Amendment they have no power to take property.
The Declaration of Independence is not considered law; however, it does point out certain very important issues, such as: our Rights are unalienable and that our Rights are endowed by a Creator. It is fashionable among some Americans today to disregard this statement. To declare that there is no proof of a Creator; however, no man can disprove the existence of a Creator. The words unalienable and inalienable both mean that which cannot be changed, not by majority vote or by a dictator. This statement also directs that are our Rights are endowed by a Creator and not by man.
Clearly our Founding Fathers gave each of us religious freedom to believe as we chose; however, their point was not in what you personally believe but in the fact that man did not create existence. That Rights come from Nature and Nature's God, as written by Thomas Jefferson, in the Declaration of Independence. No government can control Nature and change the course of our unalienable Rights.


Gene Owens
Back to Basics II

The three basic principles of Americanism are:
1. Our unalienable Rights are endowed by a Creator.
2. We have a written rule of law, the united States Constitution.
3. We have a limited form of government, with the powers of government carefully enumerated in the Constitution.
Clearly our Founding Fathers intended that all American citizens shall have religious freedom as set forth in the 1st Amendment; however, their intention in saying that our rights are endowed by a Creator was to guarantee that our rights are above the power of mankind. Thomas Jefferson wrote in the Declaration of Independence that all men should have a separate and equal station "to which the Laws of Nature and Nature's God entitle them, . . ."
Today it has become fashionable to say: "God cannot be proven." The truth is, God cannot be disproved either; that's why millions of people live in faith. Truly man did not create existence and mans rights that came with it. Can any man say he created the right to breathe or the ability to breathe? This is where our basic rights begin. If a man is not allowed the right to breathe he will be dead in a few minutes.
The use of the word Creator is pure genius. This word does not define or name the Creator, it simply points to something beyond mankind. Our Founding Fathers wanted our rights to come from a Creator and not a dictator, for what man can give he can take away.
We have a written rule of law, the Constitution, that all citizens are directed to obey until an Article V Amendment has been made. Would anyone want to set in on a game of poker where the rules are made by a major vote? Or by the most powerful player? In our form of government, which is a Republic, with rule by law, our rights are actually protected from the tyranny of the majority vote. The majority cannot take away any of your unalienable rights, such as your right to own property or to worship the Creator in your own way.
All or our representatives take an Oath of Office to support and defend the Constitution. They do not take an Oath to interpret it for us, if this were true there would be thousands of interpretations. Article VI directs that all of our representatives must take an Oath to obey Constitutional law and that "the judges in every State shall be bound thereby, . . ."
The first rule in Constitutional law is that the Constitution cannot be violated. The second rule in Constitutional law is that the law must be clearly written and understood by all. No citizen is above the law and no law is above the citizen. None of our representatives, including the president, can violate Constitutional Law. We, the People and our representatives can change the law by an Article V Amendment. Until Constitutional Law is changed it must be obeyed by all citizens or we would have anarchy among the people and tyranny among our representatives.
The Constitution does not outline any economic system; however, the Constitution does outline what our representatives are allowed to do and gives guaranteed freedoms to the people. With as much freedom as the people have there is only one possible economic system available to us and that is a private free enterprise system. No one, an individual or our government acting under color of law, is allowed to take the fruits of our labor for domestic or foreign reasons, under Constitutional Law without due process of law, which has been held to be synonymous with the Common Law since Magna Carta of 1215. Common Law has become synonymous with our Constitutional Law and is protected under the 7th Amendment.
In order to remain free, We, the People must study the Constitution and demand that our representatives obey their Oath of Office to support and defend the Constitution. We, the People can live freely as liberals or conservatives; however, we must stay within the rule of Constitutional law to protect our freedom to live as we determine.

Back to Basics III
Without a proper foundation our American sovereignty will crumble and with it our individual freedoms. Our Founding Fathers built the foundation for our freedoms from the ground up starting with Natural Law and Natural Rights.
Frederic Bastiat, wrote The Law and in it stated: "Life, Liberty, and Property do not exist because men make laws. On the contrary, it was the fact that Life, Liberty, and Property existed beforehand that caused men to make laws in the first place."
In the Declaration of Independence Thomas Jefferson wrote: ". . .and to assume among the Powers of the Earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, . . ." This statement was written in the first paragraph of the Declaration and it is the rock upon which our Founders instituted our Republic.
What are the Laws of Nature? Cicero, a Roman Statesman who our Founders read and agreed with, stated: "Natural Law is True Law. True Law is Right Reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrongdoing by its prohibitions . . . It is a sin to try to alter this law, nor it is allowable to repeal any part of it, and it is impossible to abolish it entirely."
Anyone who has overeaten or had too many cocktails understands the laws of nature cannot be altered or abolished. The Foundation for our freedoms became: Natural Law equals True Law equals Right Reason equals Wisdom equals Justice.
In the Declaration of Independence Thomas Jefferson wrote: "That they are endowed by their Creator with certain unalienable Rights and that among these are Life, Liberty, and the Pursuit of Happiness." This sentence is pure genius. It dose not name or define the Creator, it states that our rights are given by a Creator and not by man. It also states that these Rights are unalienable, which means unchangeable.
The forces that are working to destroy our freedoms must destroy belief in any power higher than man and replace the Creator with their dictator. This We, the People, must never allow to happen. If we lose our freedoms in America there is no other nation to turn to.
Benjamin Franklin once stated: "Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters."
To maintain our freedoms we must study the Constitution and demand that our representatives obey their Oath of Office to support and defend the Constitution.



Gene Owens
Common Law
Why is it, that when you go into a court room you no longer have any constitutional rights?  How is it possible that Congress can continue to pass unconstitutional laws and no one does anything about it?
The answer is jurisdiction.
We, the People, have a legal right to the jurisdiction that protects our rights.  That jurisdiction is the common law.  The courts are no longer operating under the rules of the common law.  They have illegally blended jurisdictions.
When you go to court you're facing an equity court, which is the law of the judge. Equity comes from the English High Courts of Chancery. In chancery courts, the judge is actually a Chancellor. A Chancellor is a monarch. Even Hitler was called a Chancellor. In equity you no longer have a common law jury that can judge both the law and the facts. In equity courts the jury takes orders from the judge.
In the Federal Papers Number 48, Alexander Hamilton wrote: "No legislative act contrary to the constitution can be valid . . . the constitution is, in fact, and must be regarded by judges as a fundamental law."
Equity courts are operating under the Uniform Commercial Code (UCC). However, there is a Remedy and a Recourse in the UCC. Under the UCC 1-207 you can protect your rights to the common law jurisdiction by making a Reservation of Rights by using Without Prejudice UCC 1-207. Once you have made your Reservation of Rights, the Recourse is found in UCC 1-103. Now the court must construe the UCC in harmony with the common law.
Whenever you sign your name and add without prejudice UCC 1-207, you're saying: I reserve my right not to be compelled to perform any action under any contract or commercial agreement that I did not knowing, voluntarily, and intentionally enter into.
Congress is passing unconstitutional laws by using Article I Section 17 which directs:"
Congress "To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) . . . magazines, arsenals, dock-yards, and other needful buildings;. ."
Congress exercises exclusive legislation over all citizens by creating federal jurisdictions: your driver's license with all capital letters is actually a non-de-guerre (a French word for a dead person); by abbreviating state names; by adding zip codes. The first number in your zip code is your federal zone.
Congress is enforcing their unconstitutional laws on fictitious citizens by contract.
Under the Act of 1871 our government became a corporation acting in commerce. In order to deal with We, the People, they created dummy corporations known as straw man. Under their understanding and rules of procedure you're a dummy corporation acting in commerce.
In reality you're actually two people: one is fictitious and one is real. If you want to exercise your freedoms, you must never allow your highest status as Free and Natural Citizen to be taken by contract.
When you fail to speak in your own defense and fail to make a Reservation of Rights, you give consent to tyranny by remaining silent. The courts and congress are simply making presumptions. Presumption=prejudice=jurisdiction. Congress and the court no longer care if you are a Free and Natural Citizen. We, the People, must make them care.
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. No one is bound to obey an unconstitutional law and no courts are bound to enforce it."
16 American Jurisprudence 2d, Section 177 late 2d, Section 256

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Gene Owens
Constitution Scholar

Justice Antonin Scalia once asked: "How should we judge the Constitution? By your opinion? By my opinion? Or should we judge the Constitution by what it says?"
The answer to his question is simple: we should judge the Constitution by what it says.
Because Americans have been lied to for decades, that our form of government is a democracy, public opinion and therefore individual opinion has been falsely elevated above the rule of law. Every day We, the People, are exposed to opinion polls on major media; which places pressure on us to follow opinions like sheep. We are even told: "You may not like my opinion, but you must respect my opinion." In democracies, under the rule of politicians opinions are very important; however, America is a Republic, with rule by constitutional law and only Statesman, who understand their proper form of government, can survive. Millions of Americans falsely believe that rule by majority is the best form of government, until their life, liberty and property are voted away!
The truth is, We, the People, are actually protected from the tyranny of the majority. If we actually had a democracy, with rule by majority, our freedoms would have been voted away many years ago. Our nation is filled with dictators that must be held down by the rule of law.
In America no one is above the law, including the president. Article I Section 1 of the U.S. Constitution vests all lawmaking powers in Congress. There is no such thing as executive orders, signing statements or presidential directives. The president and the courts have no power to make law whatsoever.
Today the president calls himself the "commander-in-chief" which is simply another name for dictator. The Constitution, Article I Section 8, demands that Congress declare war, rise and support armies, and make all the rules for our, the American peoples, armed forces.
In the Federalist Papers, Alexander Hamilton writes: "As commander-in-chief, the president is only first general." First generals do not decide which nation we shall fight, how long we will fight, or when the troops shall come home; this is for Congress to decide.
Congress has unconstitutionally abdicated its authority. If the Congress will not stand by their Oath of Office: "to support and defend the Constitution," then We, the People, must take our nation into our own hands.
We, the People, are losing our freedoms simply because we no longer understand our own form of government. Millions of Americans have never even read the Constitution; which has always contained seven, short articles and now contains twenty-seven amendments.
Ours is truly a nation Of, By, and For the People. We, the People, are, in fact, the government. Our elected officials are merely our representatives and when they fail to obey their Oath of Office: "To support and defend the Constitution," they are no longer our true representatives.
Every State in our Union has a Republican form of government and always has. Republic comes from the Latin words res publica; res meaning thing and publica meaning puclica, the public thing is the law and in America our Law is Constitutional Law.
Our Founders created a mixed-constitution with elements of monarchy, oligarchy, and democracy in it. Monarchy is rule by one and is expressed by presidential veto and pardon. Oligarchy is rule by few and is expressed by Congress. Democracy is rule by majority and is expressed by selecting representatives. All of these different forms of government must stay within the pale and ken of constitutional law or they are illegal and of no effect whatsoever. Congress does not have the power to make any law it so desires. Under Article I Section 1 of the Constitution they only have power to make laws under powers "herein granted."
This is your country. You must do something to save your freedom, now. Please read the Constitution, the only document in human history that stands between you and tyranny. If you have any questions about the Constitution, please ask and this column will answer them.

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