The2ndAmendment
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The Swift doctrine
Until 1938, federal courts in America followed the doctrine set forth in the 1842 case of Swift v. Tyson.[1] In that case, the United States Supreme Court held that federal courts hearing cases brought under their diversity jurisdiction (allowing them to hear cases between parties from different states) had to apply the statutory law of the states, but not the common law developed by state courts. Instead, the Supreme Court permitted the federal courts to make their own common law based on general principles of law.
The reasoning behind the decision in Swift v. Tyson was that the federal courts would craft a superior common law, and the states would choose to adopt it. This hope was not fulfilled, however, as the principles of various states' common law continued to dramatically diverge. Some litigants began to abuse the availability of the federal courts for the specific purpose of having cases decided under the federal common law principles.
The Erie doctrine
In 1938, the Supreme Court decided Erie Railroad v. Tompkins.[2] Erie overruled Swift v. Tyson, holding instead that federal courts exercising diversity jurisdiction had to use all of the same substantive laws as the courts of the states in which they were located. As the Erie Court put it, there is no "federal general common law", with the operative word being "general."
The Erie decision did not put an end to other types of federal common law. Several areas of federal common law remain, in two basic categories: areas where Congress has given the courts power to develop substantive law, and areas where a federal rule of decision is necessary to protect uniquely federal interests.[3]
The U.S. Congress has given courts power to formulate common law rules in areas such as admiralty law, antitrust, bankruptcy law, interstate commerce, and civil rights. Congress often lays down broad mandates with vague standards, which are then left to the courts to interpret, and these interpretations eventually give rise to complex understandings of the original intent of Congress, informed by the courts' understanding of what is just and reasonable.
Furthermore, in the 1943 case of Clearfield Trust Co. v. United States,[4] the Court recognized that federal courts could still create federal common law, albeit in limited circumstances where federal or Constitutional interests were at stake, Congress had inadequately addressed the situation sub judice, and the application of individual state laws in various jurisdictions would create unacceptable levels of diversity or uncertainty. When fashioning new federal common law, the Court may either adopt a reasonable state law, look to its own precedent, or create new law.
Congressional repeal of federal common law
Federal common law is valid only to the extent that Congress has not repealed the common law. The Supreme Court has explained that, "when Congress addresses a question previously governed by a decision resting on federal common law, the need for such an unusual exercise of law-making by federal courts disappears."[5]
During the era when the Constitution was written, it was understood that common law was alterable by legislatures. For example, Alexander Hamilton emphasized in The Federalist that the New York Constitution made the common law subject "to such alterations and provisions as the legislature shall from time to time make concerning the same."[6] Thus, even when a federal court has authority to make common law, that law is subject to alteration by Congress. This principle finds expression in the first sentence of the Constitution: "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."
The people of Great Britain invoked their Magna Carta right to apprehend a corrupt judge and size a treasonous Court.
[ame=http://www.youtube.com/watch?v=HsgXWPRbKQE]Sovereign, freeman arrest a treasonous judge and seize court - YouTube[/ame]
We the people, citizens of our State, as Sovereigns (determined by the Supreme Court in Chisholm vs Georgia, 1793), have the right to face our accuser, and to challenge the Jurisdiction of the presiding court.
The "United States" or "New York" etc, does not qualify as an "accuser." First have the right to demand that the prosecutor signs his name under the Plaintiff Bar. 99% of all people do NOT know this.
Furthermore, if your name is in capital letters "UNITED STATES vs JOHN SMITH," that is NOT you. That is a fictional "corporate" entity, created at birth, it is your Strawman. The federal courst operate under MARITIME JURISDICTION, as such they only have JURISDICTION over your fictional corporate entity, not you.
You, as a Sovereign citizen, can deny to "stand under the charges," of your fictional entity.
Don't believe me? Watch this second video:
[ame=http://www.youtube.com/watch?v=55pjFKalOVc]What?! "Sovereign Man" walks out of court, scares off the judge?!?! - YouTube[/ame]
Watch these too:
[ame=http://www.youtube.com/watch?v=W468GRDD8Hw]How to use your Sovereign Rights in Court and Win! 1 of 2 - YouTube[/ame]
Stand AGAINST this extreme overreach of Federal Power, they have extended Maritime (international commerce) Jurisdiction onto Land and every part of our lives (via abuse of the Commerce Clause).
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More for citizens of Canada, England (and other countries under the Magna Carta)
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Arrest the District Attorney: How to!
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