Constitutions, Laws, Statutes and Hope

Bonding laws required by the NM &
US constitutions and New Mexico Statutes.
 Penal bonds vs insurance.

                 District Court of the United States or United States District Court

To All;

     Make certain you understand the distinction between the two. You should never accept any appearance in a US District Court because it is a Territorial Court wherein you have limited Constitutional Rights.

     BEFORE accepting any summons or anything bearing a title “United States District Court”, DECLARE that you are an American Citizen and will ONLY accept, consent to, obey, something bearing a title “District Court of the United States”. Tony Gutierrez

 

district courts of the United States… opposed to… United States District Court of ?

The term 'District Courts of the United States,' as used in the rules, without an addition expressing a wider connotation, has its historic significance. It describes the constitutional courts created under article 3 of the Constitution. Courts of the Territories are legislative courts, properly speaking, and are not District Courts of the United States. We have often held that vesting a territorial court with jurisdiction similar to that vested in the District Courts of the United States does not make it a 'District Court of the United States.' Reynolds v. United States, 98 U.S. 145 , 154; The City of Panama, 101 U.S. 453 , 460; In re Mills, 135 U.S. 263, 268 , 10 S.Ct. 762; McAllister v. United States, 141 U.S. 174, 182 , 183 S., 11 S.Ct. 949; Stephens v. Cherokee Nation, 174 U.S. 445, 476 , 477 S., 19 S.Ct. 722; Summers v. United States, 231 U.S. 92, 101 , 102 S., 34 S.Ct. 38; United States v. Burroughs, 289 U.S. 159, 163 , 53 S.Ct. 574. Not only did the promulgating order use the term District Courts of the United States in its historic and proper sense, but the omission of provision for the application of the rules to the territorial courts and other courts mentioned in the authorizing act clearly shows the limitation that was intended. MOOKINI v. UNITED STATES, 303 U.S. 201 (1938)

IN SHORT: 'District Courts of the United States,' as used in the rules… describes the constitutional courts created under article 3 of the Constitution. Courts of the Territories are legislative courts, properly speaking, and are not District Courts of the United States. … vesting a territorial court with jurisdiction similar to that vested in the District Courts of the United States does not make it a 'District Court of the United States.

Go to 28 USC §610. Courts defined

As used in this chapter the word "courts" includes the courts of

appeals and district courts of the United States, the United States

District Court for the District of the Canal Zone, the District

Court of Guam, the District Court of the Virgin Islands, the United

States Court of Federal Claims, and the Court of International

Trade.



28 USC Sec. 1869. Definitions

(f) "district court of the United States", "district court",

and "court" shall mean any district court established by chapter

5 of this title, and any court which is created by Act of

Congress in a territory and is invested with any jurisdiction of

a district court established by chapter 5 of this title;



28 USC Sec. 451. Definitions

The terms "district court" and "district court of the United

States" mean the courts constituted by chapter 5 of this title.



Title 28 Part 2, Chapter 5 §132 CREATION AND COMPOSITION OF DISTRICT COURTS

(a) There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district.

Chapter 5 is found 28 U.S.C. §81-144 where Congress installed their legislative courts as UNITED STATES DISTRICT COURTS in all the States and conveniently has §88 District of Columbia and §119 Puerto Rico.

THE FOLLOWING IS FOUND IN THE NOTES 28 USC §§ 1346 and 451

TERMINATION OF UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE

CANAL ZONE

For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27, 1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to 3843, respectively, of Title 22, Foreign Relations and Intercourse.

The United States Criminal Code Title 18 defines courts:

18 U.S.C. §6001

(4) "court of the United States" means any of the following courts: the Supreme Court of the United States, a United States court of appeals, a United States district court established under chapter 5, title 28, United States Code, a United States bankruptcy court established under chapter 6, title 28, United States Code, the District of Columbia Court of Appeals, the Superior Court of the District of Columbia, the District Court of Guam, the District Court of the Virgin Islands, the United States Court of Federal Claims, the Tax Court of the United States, the Court of International Trade, and the Court of Appeals for the Armed Forces.

Oops… did they fail to mention the district courts of the United States pursuant to the judiciary Act of 1789? The article III courts?

Title 18 defines the courts now let us look to where these courts have congressional authority:

TITLE 18 - APPENDIX

FEDERAL RULES OF CRIMINAL PROCEDURE

TITLE I. APPLICABILITY

Rule 1. Scope; Definitions

-STATUTE-

(a) Scope.

(1) In General. These rules govern the procedure in all criminal proceedings in the United States district courts, the United States courts of appeals, and the Supreme Court of the United States. BUT NOT THE district courts of the United States?

(2) State or Local Judicial Officer. When a rule so states, it applies to a proceeding before a state or local judicial officer.

(3) Territorial Courts. These rules also govern the procedure in all criminal proceedings in the following courts:

(A) the district court of Guam;

(B) the district court for the Northern Mariana Islands, except as otherwise provided by law; and

(C) the district court of the Virgin Islands, except that the prosecution of offenses in that court must be by indictment or information as otherwise provided by law.

NOTICE where is any of the several States mentioned?



Now, pursuant to 26 USC the IRS has CIVIL authority in the district courts of the United States, NOT CRIMINAL, to wit:

TITLE 26 - INTERNAL REVENUE CODE

Subtitle F - Procedure and Administration

CHAPTER 76 - JUDICIAL PROCEEDINGS

Subchapter A - Civil Actions by the United States

Sec. 7402. Jurisdiction of district courts

(a) To issue orders, processes, and judgments

The district courts of the United States at the instance of the

United States shall have such jurisdiction to make and issue in

civil actions, writs and orders of injunction, ...

(b) To enforce summons

If any person is summoned under the internal revenue laws to

appear, to testify, or to produce books, papers, or other data, the

district court of the United States for the district in which such

person resides..." [operative words here are 'under the internal revenue laws']

(e) To quiet title

The United States district courts shall have jurisdiction of any

action brought by the United States to quiet title to property if

the title claimed by the United States to such property was derived

from enforcement of a lien under this title. [Admiralty]

(f) General jurisdiction

For general jurisdiction of the district courts of the United

States in civil actions involving internal revenue, see section

1340 of title 28 of the United States Code.



Summary (brief as it is) thus far:

  1. The district courts of the United States are Article III courts pursuant to the Judiciary Act of 1789 unless expressly defined to the contrary.

  2. The United States District Courts are legislative courts where Congress has legislative powers to exercise the its/their territory i.e. Guam, Northern Mariana Islands, Virgin Islands, Puerto Rico and District of Columbia.

There is so much more to cover here but in the interest of time I will stop here but leave you with these thoughts if I can get down on paper correctly….

Title 28 §81-131, all 52 states the United States District Courts are legislative courts and have nothing to do with the people of the 50 several States. The people are not under legislative rules.

Here are some fact to bounce around and get a hold of.

The IRS is a Trust organization TITLE 31 - MONEY AND FINANCE Sec. 1321. Trust funds (62) Puerto Rico special fund (Internal Revenue).

Title 26 mentions the Secretary and his delegates, however you can only find the definition of Internal Revenue Agent and Secretary and his delegates in 27 CFR 26.11, to wit:

27 CFR 26.11 - Meaning of terms..

Revenue Agent. Any duly authorized Commonwealth Internal Revenue Agent of the Department of the Treasury of Puerto Rico.

Secretary. The Secretary of the Treasury of Puerto Rico.

Secretary or his delegate. The Secretary or any officer or employee of the Department of the Treasury of Puerto Rico duly authorized by the Secretary to perform the function mentioned or described in this part.

In Title 26 we find the definition of “citizen of the United States”

Chapter 2 SELF EMPLOY

Statutory definition 1402(b)

An individual who is not a citizen of the United States but who is a resident of the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa shall not, for purposes of this chapter be considered to be a nonresident alien individual.



Chapter 21 FICA

FEDERAL INSURANCE CONTRIBUTION ACT

Statutory definition 3121(e)

An individual who is a citizen of the Commonwealth of Puerto Rico (but not otherwise a citizen of the United States) shall be considered, for purposes of this section, as a citizen of the United States.

Chapter 23 FUTA

FEDERAL UNEMPLOYMENT TAX ACT

Statutory definition 3306(j)

An individual who is a citizen of the Commonwealth of Puerto Rico or the Virgin Islands (but not otherwise a citizen of the United States) shall be considered, for purposes of this section, as a citizen of the United States.



"The term "District Courts of the United States," as used in the rules, without an addition expressing a wider connotation, has its historic significance. It describes the constitutional courts created under Article III of the Constitution. Courts of the Territories are legislative courts, properly speaking, and are not District Courts of the United States. We have often held that vesting a territorial court with jurisdiction similar to that vested in the District Courts of the United States does not make it a "District Court of the United States." Reynolds v. United States, 98 U.S. 145, 154; The City of Panama, 101 U.S. 453,460; In re Mills, 135 U.S. 263, 268; McAllister v. United States, 141 U.S. 174, 182, 183; Stephens v. Cherokee Nation, 174 U.S. 445, 476, 477; Summers v. United States, 231 U.S. 92, 101, 102; United States v. Burroughs, 289 U.S. 159,163." [Cited in MOOKINI v. UNITED STATES, 303 U.S. 201, 205 (1938)]

"By sect. 1910 of the Revised Statutes the district courts of the Territory have the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the circuit and district courts of the United States; but this does not make them circuit and district courts of the United States." Reynolds v. United States, 98 U.S. 145, 154. (1878)

"Courts of the kind, whether created by an act of Congress or a territorial statute, are not, in strictness, courts of the United States; or, in other words, the jurisdiction with which they are invested is not a part of the judicial power defined by the third article of the Constitution, but is conferred by Congress in the execution of the general power which the legislative department possesses to make all needful rules and regulations respecting the public territory and other public property.” THE CITY OF PANAMA., 101 U.S. 453, 460 (1879).

"District and Circuit Courts ... do not apply to the court established in the Indian Territory ... although the latter is a court of the United States, it is not a District or Circuit Court of the United States.” Reynolds v. United States, 98 U.S. 145, 154; Ex parte Farley, Ex parte Wilson, 40 F. 66." In re Mills, 135 U.S. 263, 268 (1890)

"It must be admitted that the words "United States District Court" were not accurately used, ... was not a District or Circuit Court of Page 477 the United States, In re Mills, 135 U.S. 263, 268, and no such court had, at the date of the act, jurisdiction therein." Stephens v. Cherokee Nation, 174 U.S. 445, 476, 477. (1899)

"...designation of a tribunal as a court of the United States, does not constitute it a district court. In re Mills, 135 U.S. 263, 267-8; Stephens v. Cherokee Nation, 174 U.S. 445. [Cited in United States v. Burroughs, 289 U.S. 159,163].

"In Good v. Martin, 95 U.S. 90, 98, the language of the court, speaking by Mr. Justice Clifford, was: "Territorial courts are not courts of the United States within the meaning of the Constitution, as appears by all the authorities." So in Reynolds v. United States, 98 U.S. 145, 154, Chief Justice Waite, speaking for the whole court, said: "By section 1910 of the Revised

“Statutes the District Courts of the Territory have the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the Circuit and District Courts of the United States; but this does not make them Circuit and District Courts of the United States." McAllister v. United States, 141 U.S. 174, 182, 183-184. (1891)

"It is established that the courts of the Territories may have such jurisdiction of cases arising under the Constitution and laws of the United States as is vested in the circuit and district courts, but this does not make them circuit and district courts of the United States." SUMMERS v. UNITED STATES, 231 U.S. 92 (1913).





TITLE 18 CRIMINAL CODE

United States Code

TITLE 18 — APPENDIX

FEDERAL RULES OF CRIMINAL PROCEDURE (AS AMENDED TO JANUARY 22, 2002)

IX. GENERAL PROVISIONS

The phrase "district courts of the United States" was held not to include district courts in the territories and insular possessions, Mookini v. United States, 303 U.S. 201. By subsequent legislation the Federal Rules of Civil Procedure were extended to the District Court of the United States for Hawaii and to appeals therefrom (Act of June 19, 1939; 53 Stat. 841; 48 U.S.C. § 646) and to the District Court of the United States for Puerto Rico and to appeals therefrom (Act of February 12, 1940; 54 Stat. 22; 48 U.S.C. § 873a).



NOTES OF ADVISORY COMMITTEE ON RULES — 1948 AMENDMENT

Subdivision (a)(1). — To conform to the nomenclature of revised Title 28 with respect to district courts and courts of appeals (28 U.S.C. § 132(a), 43(a)); to eliminate special reference to the district courts for the District of Columbia, Hawaii and Puerto Rico which are now United States district courts for all purposes (28 U.S.C. § 88, 91, 119, 132, 133, 451), and to eliminate special reference to the court of appeals for the District of Columbia which is now a United States court of appeals for all purposes (28 U.S.C. § 41, 43).

Did you catch that? Let me put it in an amplified version for us:

to eliminate[trick, scam, deceit, hide] special [secret, obscure] reference to the district courts for the District of Columbia, Hawaii and Puerto Rico which are now United States district courts for all purposes [even unsuspecting trusting Americans]

Remember Title 4 §72.

CHAPTER 3 - SEAT OF THE GOVERNMENT

Sec. 72. Public offices; at seat of Government

All offices attached to the seat of government shall be exercised

in the District of Columbia, and not elsewhere, except as otherwise

expressly provided by law.



The people of the United [several] States had ordained with the constitution how the district courts of the United States is to be applied in Article III.

Congress is trying to trick us to believe that the UNITED STATES DISTRICT COURT is one of the same as the district courts of the United States.

It may look like a duck, it my quack like a duck, it may even walk like a duck, but if you believe it is a duck, you may be …..


 

 

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