Hierarchical Governance

28 Oct

Subsection (c) of Rule 101 (“Title and Scope”) of the Texas Rules of Evidence reads as follows:

“(c)   Hierarchical Governance in Criminal Proceedings. –Hierarchical governance shall be in the following order: the Constitution of the United States, those federal statutes that control states under the supremacy clause, the Constitution of Texas, the Code of Criminal Procedure and the Penal Code, civil statutes, these rules, and the common law. Where possible, inconsistency is to be removed by reasonable construction.”

If you’ve read “The Organic Law of The United States of America” you know that this “Organic Law” includes four documents:

1)  The Declaration of Independence (A.D. 1776);

2) Articles of Confederation (A.D. 1781) which are the constitution of The United States of America;

3) Northwest Ordinance (A.D. 1787); and,

4) Constitution of the United States (first ratified and made effective by the People in A.D. 1788).

“The United States of America” (constituted by the Articles of Confederation in A.D. 1781) and the “United States” (constituted by the Constitution of the United States in A.D. 1788) are two different entities, “planes” or jurisdictions.

Note that the “Hierarchical Governance” described at Rule 101(c) of the Texas Rules of Evidence includes only one component of The Organic Law of The United States of America:  the Constitution of the United States.  This “Hierarchical Governance” does not include three of the four components of The Organic Law of The United States of America:  Declaration of Independence, Articles of Confederation, and NW Ordinance.

This omission may be of huge significance.

The Rules Of Evidence and virtually all of the other codes and rules of “Texas” (at least in relationship to “criminal proceedings” (which are actually, or at least probably, “penal” in nature)) are of the “United States” but not “of The United States of America”.

It’s possible that this rule of Hierarchical Governance is consistent with—and may even lay the foundation for—the distinction between “this state” (a territory and/or administrative district “of the United States”) and “The State” (like “The State of Texas”) which is member-State of the perpetual Union styled “The United States of America”.  (See, US vs USA)

Thus, Congress recognized The Organic Law of The United States of America back in A.D. 1875.  But the current state “of the United States” called “Texas” does not.

This omission can’t be accidental.

I believe we can “work around” this omission (at least in part) with the 9th Amendment which declares that “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.”  Thus, even though the God-given, unalienable Rights declared in the “Declaration of Independence” are not expressly listed or referenced in the Constitution of the United States, they still exist and can be claimed and accessed by means of the 9th Amendment of the Constitution of the United States (which the Texas Rule of Evidence 101(c) recognizes as the supreme law in the list of “Hierarchical Governence”).

You should recognize that the “Bill of Rights” was intended to protect the States of the Union and/or the Union itself from the federal government.  See “Preamble to Bill of Rights”.

The first key to claiming your God-given, unalienable Rights under the 9th Amendment is probably that you first prove and verify under oath (perhaps with your own affidavit and two or three more affidavits from friends) that you are one of the “people” of your State of the Union (like “The State of Texas”) and/or one of the “people” of the perpetual Union styled “The United States of America”.  If you consent to appear as a “US person,” “US citizen,” “inhabitant,” “resident,” “occupant” or perhaps even as a fiduciary in a trust deemed to operate in, or be of, the “United States”—your claims of unalienable Rights will probably fall on death ears.

The second “key” to claiming your God-given, unalienable Rights under the 9th Amendment at the “state” level may be to expressly claim and hopefully prove that your “state” is a “state of the United States” (rather than a “State of The United States of America”)

 I’d be very interested to discover how the rules of “Hierarchical Governance” are listed in states other than Texas.  I’d be very surprised if every “state of the United States” didn’t use a rule of “Hierarchical Governance” virtually identical to that of “this state” (Texas) and without reference to the first three documents in The Organic Law of The United States of America.


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17 responses to “Hierarchical Governance

  1. Roger

    October 28, 2014 at 6:56 PM

    We see that Volume One of the United States Code (2007) defines the same four items – i.e. the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the Constitution – to be the Organic Laws of the United States of America.

    Thus, jurisdictions that recognize the U.S.C., which includes Texas and every other state, also acknowledge these four documents as organic law.

  2. original13th

    October 28, 2014 at 7:52 PM

    the Articles of Confederation? Wtf!!.. Are you implying that it holds some kinda rights or fundamental core values?. Blacks law dictionary abridged 8th edition says “Conferation” means “conspiracy”.

  3. Mark

    October 28, 2014 at 8:01 PM

    What’s so organic about artificial man-made rules in the first place?

    After all, they are pretending that an artificial “Act of State” (Body Corporate creature of the state) is superior to the anterior and superior “Act of God” and Law of God. Give me a break!

    • Adask

      October 28, 2014 at 10:10 PM

      “Organic” refers to documents of creation. The “organic” law of The United States of America is the law that, in toto, created that entity. The statutes or regulation that the newly created entity then enacts are not “organic” since they play no part in creating the “United States” and/or “The United States of America”.

      • Mark

        October 28, 2014 at 11:00 PM

        Why would you use anything made up out of absolutely nothing, or a “Created entity” as you call it, to justify consenting to give your allegiance to “It.” Isn’t that the same as the creators of the Texas law that referred to “Man and other animals” which you came across about a decade ago? So, it “It” is an artificial “Created entity” and “It” treats you like an animal what does that make you for quoting, giving allegiance to and obeying “It”? Does that not make you a civilian or citizen of “It”?

  4. gary

    October 28, 2014 at 9:52 PM

    Since the foreign-owned, private corporation United States was incorporated in the District of Columbia in 1871, and lies OUTSIDE of the Union of several states, it can recognize any ‘laws’, organic, or otherwise, it wants, as can it’s political corporate subsidiaries ‘STATE OF…, as they, too, are located in the District of Columbia (federal ‘States’ within a ‘state’), and all of the federal States use the UCC, or an adaptation of it as their commercial code, as they are all part of the same corporation.

    • Lex Mercatoria

      August 21, 2015 at 10:41 PM

      United States wasn’t incorporated in 1871, the District of Columbia, perhaps was. United States was there since the beginning.

  5. palani

    October 29, 2014 at 9:06 AM

    These organic documents represent conveyances. These are the conditions imposed upon the land the people who formed this documents lived on. Conditions annexed to conveyances never die.

    • palani

      November 2, 2014 at 6:12 AM

      “So What? This applies how?”

      When government chooses to step into the role of KING don’t you believe any limitation that you might impose upon them and any method chosen to impose that limitation is somewhat important?

      • original13th

        November 2, 2014 at 7:19 AM

        Here’s the true hierarchy!.. money(commerce).. people talk a lot about the “law of the land” but in fact commerce the law of the world!.. Am I saying its a good thing?, no.. Look up your states ucc,or better yet, talk to a criminal and ask that criminal if at the time they were summonsed if the cop said something to this effect “signing this(summons) doesn’t admit guilt, you’re just promising to appear”. Then get a law dictionary and look promise.. Then if that doesn’t satisfy you, check you states UCC for the meaning of promise..

        I emplore everyone of you to check your states UCC for the word “framer”(like our founding fathers were the FRAMERS of the constitution” and you will see that it is in fact there, I will find mine and post the link here. If I recall correctly it has to do with banking(commercial business,therefore commerce).. That being said, nobody can say that our founding fathers had our best interests at heart. Also, most were british and not even citizens so how is it that they could make any laws or rights pertaining to us.


  6. pop de adam

    October 31, 2014 at 2:36 AM

    So What? This applies how?

    • palani

      November 2, 2014 at 6:17 AM

      See comment above. To make this apply you might consider the next time you sell some property do it on the condition that “the four documents defined as the organic laws of the United States of America apply now and forever to this land”.

      • Lex Mercatoria

        August 21, 2015 at 11:08 PM

        The first two organic laws already apply to one’s land if said land is not ceded to, owned by, or otherwise a proprietary interest of The United States of America. That describes 99.9% of the land we make our homes & businesses on. However, we complicate matters by registering, not the land but rather, our interests in said land (the “property”) with the territorial governments City/County recorders. They are not traversing into our domain, the land & jurisdiction known as The United States of America, a/k/a the perpetual Union and Confederacy. Au contraire, we are traversing into their domain. Thus we bring the Northwest Ordinance and its implementing Constitution into our affairs.

        People need to study the Organic Laws and learn where they apply. All law must apply somewhere on the world and said Laws clearly state where they apply. The ratified, yet unadopted, Constitution that people seem to be in love with–and by extension all the legislative & court products derived therefrom–only apply on gov’t “property”. Do you live at gov’t areas such as public parks and gov’t buildings? If not, then all the legal nonsense people fret about doesn’t apply to you because they have no territorial jurisdiction, which is the only issue that matters. Well, one’s political standing (not status!) factors in, too, but that’s a matter of self-determination.

        In short, gov’t at all levels is only enacting laws for their turf and their stuff; this is how people have conducted their affairs for millenia. This isn’t theory, but black-and-white legal fact because that’s how the law at all levels is clearly written.

  7. palani

    November 2, 2014 at 6:32 AM

    Texas is not part of the original public domain of the United States. Found here

    Debatable whether joining the union under the U.S. constitution imports the NW ordinance, the Declaration of Independence or the Articles of Confederation or if citing these documents would have any effect in Texas.

    There is a page in the Iowa Code titled “HISTORICAL CHRONOLOGICAL OUTLINE OF CODES AND SESSION LAWS”. It starts with the Louisiana Purchase and shows the applicability of the NW Ordinance starts on June 28, 1834 when Michigan Territory was given the region north of Missouri. How they made the NW ordinance active was Michigan Territory created a county in what is now Wisconsin (called Iowa County) on the same day they created two counties in what is now Iowa. These counties were called Du Buque and Des Moines. In the creation act they specified that the laws currently in force in Iowa county were also applied west of the Mississippi.

    You might check for a similar document in Texas.

  8. hogorina1

    January 5, 2015 at 11:15 PM

    This is the disunited states of Amerika. FEMA and SWAT teams will soon be knocking down your doors, We are under Bolsheviki politically mandated police controlled.


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