Larry Becraft, FES Austin, 2012/12/15
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Jun 5, 2025
Tax attorney Larry Becraft discusses money, the income tax, IRS, and the constitutional issues involving them, at the Free Enterprise Society meeting in Austin, Texas, Dec. 15, 2012.
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we're going to have to shift over to mine okay that's good I can just uh
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scroll through it why don't you just get out of
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this oh it's already open
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beginning all right good that not money you yeah that's great that's great okay
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glad to have y'all here in 1970 I ran across a man by name
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of Tupper Saucy who lived in the county just north of me I live in North Alabama
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the town is Huntsville Alabama Drive 15 miles north and gee you're in Tennessee
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well I went up there to talked to Tupper in 1979 and we became fast friends and
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the reason why I did so is because I was interested in the money issue my
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background my training my education in undergraduate school got a degree in economics economics has always been
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something that I've been incredibly interested in one of the big issues that confronts the American people is the
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operation of the monetary system now I'd like to see a show of hands how many of
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you here have at least some appreciation of this Federal Reserve
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System our monetary systems based on credit you know it's it's different from gold and silver coin are at least some
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of you Converse with that issue okay well you know I I think that there are
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really two important issues that confront the American people and I'm not
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you know there there there are a lot of other issues but I think when you rank the issues that confront the American
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people there are two that are critically important to me first the money issue is
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perhaps one of the most Paramount of of importance and the reason for that is is that we're being subjected to a monetary
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system that was created by a powerful Elite and that monetary system is
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operated for their benefit to the detriment of the American
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people you know they they use this credit system they use this paper money system and when it's operating uh it
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benefits them doesn't benefit us so my presentation this morning is going to
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cover two matters first I'm going to spend a few minutes with you discussing the money issue and then that then after
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that I'm going to get into another issue that has some relationship to Taxation and it deals with
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jurisdiction you know I I've heard this tale you know perhaps it's true that
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there are Secret Service agents you know they go around and they look at you know counterfeit
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money and I have been told that the way they determine what is
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counterfeit is by looking at what is real so Secret Service agents if they
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want to detect you know fake $10 bills that are floating around they're going
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to look at the real thing and they're going to become so familiar with they can recognize the real thing that the
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moment that they see something fake they can recognize that it's fake now based on that principle what I'm going to do
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it you know after I go through this money issue presentation I am going to present to you something that relates
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jurisdiction and I am going to use
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you as an experiment and I've got about 130 pages of the United States statutes
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at large and I'm going to show to you something that the Congress of the United States has written and the United
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States statutes at large it may be very revealing to you
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and I may not may not tell you what what it means but I do do want to solicit
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your opinions about what some of this stuff means let me go through let's start off
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with the money issue this is something that's real
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important the United States Constitution has monetary Provisions in it you know
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when they met in Philadelphia in 1787 you this country had gone through hyperinflation as a result of the
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Revolutionary War you know there wasn't there wasn't any real agreement about what type of monetary system we should
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have what the the Constitutional Convention reached an agreement at that time and still today the power to
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declare a legal tender was possessed by the states and they had you know made
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paper a legal tender and as a result of making paper a legal tender there had been rampid inflation you know you can
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go back and read the documents and H the history of the Revolutionary War and see that they did you know have rampid
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inflation and uh it was it was pathetic it soon the paper money soon died in the
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hands of the possessors so an agreement was reached by the Philadelphia
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Convention and that agreement manifests itself in the United States Constitution
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you have an Article 1 Section 8 Clause 5 here's the framework that was created
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well the states were going to declare legal tender but it was going to be gold
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and silver coin Congress was given because they wanted one source for the whole country
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to make the coin Congress was given the power in Article 1 Section 8 Clause 5 to coin money and regulate the value
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thereof now the states were by means of Article 1 Section 10 Clause 1 see it
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says here no State shall dot dot dot coin money emit bills of credit make
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anything but gold and silver coin or and payable to debts now once the Constitution went
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into effect you know George Washington made a
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statement that there was a tremendous benefit from the ratification of United States Constitution whereas before that
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point in time they had a paper monetary system and it had depressed the depressed the Commerce in this country
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as a result of them instituting that constitutional monetary system we had an economic Bloom the
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country uh revived itself Commerce for flourished now there you can go through
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this period of time and look at what the courts were having to say about these
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monetary Provisions that were set forth in the United States Constitution and you know one of my favorites that I like
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is from the United States Supreme Court and to me you know while there
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a uh 50 maybe cases that deal with gold and silver back during this period of time to me my person opinion is that
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this case United States against marold an 1850 case really demonstrates well the purpose intent and meaning of the
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provisions of the Constitution that I just mentioned now this was a counterfeiting case and the defendant in
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this case with making some argument about Congress can't make some you know counterfeiting laws even though there
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are Provisions the United States Constitution that authorize Congress to
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make laws regarding counterfeiting but here the United States Supreme Court is
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explaining in concrete terms what the United States Constitution means in
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reference to the monetary powers and disabilities contained in it the court said they appertain rather to the
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execution of an important trust invested by the Constitution and to the
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obligation to fulfill that trust on the part of the government namely the trust
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and duty of creating and maintaining a uniform and pure metallic standard of value throughout the union the power of
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coining money and regulating its value was delegated to Congress by the Constitution for the very purpose as
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assigned by the framers of that instrument of creating and preserving the uniformity and purity of such
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standard of value is that pretty clear but then let's go on there's another
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real important quote from the Supreme Court case this wasn't dealing with
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counterfeiting if the medium which the government government was authorized to create and establish could immediately
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be expelled and substituted by one it had neither created estimated nor
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authorized one possessing no intrinsic value the power conferred by the
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Constitution would be useless wholly fruitless of every end that was designed to accomplish whatever Cong whatever
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functions Congress are by the Constitution authorized to perform they are when the public good requires it
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bound to perform and on this principle having emitted a circulating medium of standard of value indispensable for the
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purposes of the community and for the actions of the government itself they are accordingly authorized and bound in
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duty to prevent its debasement and expulsion and the destruction of the general competence and convenience by
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the influx and substitution of a spirous coin in lie of the Constitutional
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currency whoa now aren't those powerful words you know here you have right
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before the Civil War United States Supreme Court coming out say whoa you know here's you know we got to have gold
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and silver coin as our medium exchange that's what's authorized by the United States Constitution and Congress has a
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duty to prevent its debasement and expulsion well let's let's move ahead of
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time real quickly now we uh get into the Civil War and here is another real
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important case in reference to the monetary Provisions little understood
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you know this been one of my favorites for years it's posted over on my website but you know there's not a whole lot of
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people that make arguments about monetary you know change in our monetary system that rely upon this case but this
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one dealt with the validity of Confederate
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Currency Confederate Currency now Confederate Currency circulated I've got a I got one framed
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in my office you can look at it it promised to pay there was
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a Confederate Currency said we will pay you know act number of dollars if you
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had a $50 go p a $50 note we'll pay $50 after the ratification of a treaty of
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peace between the United States and confederal States of America so there was a
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condition the confederate government government was going to pay after the war was over money so that the the note
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the Confederate note was a promise to pay and it did have a conditional
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promise to pay and so that's what the United States Supreme Court is taking up in this case involving confeder
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curcy may I suggest to you as we go through what I have quoted here you make
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a comparison with Federal Reserve notes as contracts in themselves they're
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talking about Confederate notes except in the contingency of successful
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revolutions these notes were nullities for except in that event there
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could be no payer they bore indeed this character upon their face for they were made payable only after the ratification
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of a treaty of peace between the Confederate States and the United States of America while the War lasted however
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they had a certain contingent value and were used as money in nearly all the business transactions of many millions
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of people they must be regarded therefore as a currency imposed on the
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community by irresistible
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Force considered in themselves in the light of subsequent events these notes
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had had no real value but they were made current as
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dollars by irresist able Force they were the only measure of
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values with the people had and their use was a matter of almost absolute necessity and this use gave them a sort
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of value insignificant and PR precarious enough it is true but always having a
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sufficient definite relation to gold and silver the universal measure of value so
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that it was always easy to ascertain how much gold and silver was the real equivalent of sub expressed in this
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currency now did I I want to ask this question you know y'all probably have
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never seen these quotes from this case but can you not substitute Federal
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Reserve Note in here for confeder Cy it didn't aren't Federal Reserve
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notes imposed on us be resistable
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Force now I want to give you a little quick summary you know this is this is
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Larry beatcraft on frac Reserve banking real quick you know what we have here
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looking at this is you know this is what fractal Reserve there's a ancient history going back into you know back
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the bank of Amsterdam let's start off there in the early 1700s you know what
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it was quickly learned by Bankers that they could have a reserve of say like
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10,000 pounds if you you know if you're in England 10,000 PBS of coin and then
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you could issue all these out standing notes on it and you could get the community to use your notes as a medium
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of exchange and they learned that whoa 10,000 pounds of gold and silver coin
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could probably support an outstanding issue of notes equal to
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100,000 the guys were making money that's what fra Reserve banking is all about you understand that most of you
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here have probably a pretty good conception of what fra Reserve banking is
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now let's let's use an analysis let's look at this from a theoretical situation about what's going on and this
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is real important because I don't find a whole lot of Americans that understand
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what you see in every you know there are certain things if you're aware of
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certain principles in just as you go through life you know most people if
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you're not aware of something certain events cannot be explained okay but once you learn a
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certain principle then you can make sense out of even current events that
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you see and here is one that I think that is real important you know why here the the
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bomb Administration comes into office well let's go back back to the Bush Administration let's even go back to the
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to the Clinton Administration you know you can see it developing federal budget
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deficits you know you can go back during the Clinton Clinton years you they were in the billions you know we got to have
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a budget deficit you know they say they had a balance budget during that period of time which is a bunch of malarkey but you know by the time we get
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up here into into the recent past just last year we're now we're talking about we have to have a budget deficit at the
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federal level of trillions in credit why why does that happen most
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people do not understand that is a matter of Economics necessity because of
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the monetary system syst that we have that we must have tremendous budget deficits until we
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until we change it now let's imagine this situation you know this some guy
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there are five guys on an island and they want to play cards you know they've been Shipwrecked one guy had a deck of
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cards that survived the crash you know they wash up on shore and now they're living on this desert island they you
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know they've gotten to the point where they're basic needs are are taken care of they can fish you know they built a
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little tree houses and stuff like that and you know so now they're you know it's no longer pressing that their needs
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of their survival now they want to entertain themselves well there's one
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guy that had a deck of cards and so four guys approach him and say well hey we
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want to we want to play cards you know we haven't entertained ourselves in a long time and you have a deck of cards
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and we want to we want to play a game so the the card owner he has how many
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cards 52 now he's going to you know if there
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four guys wanting to play you know some card game you know the the card owner is
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going to loan out to each one 13 cards but he's going to take a note back
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from them oh you got to I want you to sign here you know you're going to have to promise to repay those 13 cards that
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are loan to you and also want one additional card in the way of entance and to ensure that I get repaid you know
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I want you to give me a mortgage on your treehouse you know it's it's nice I'll consider that real good
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collateral and so each of the card players agrees and so here's the problem that is
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created by in this type of a a scam if you will there are only 52 cards
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available each card owner gets 13 cards but what does the aggregate
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liability of all the card owners each card player owes one
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additional card and so when you tally up the
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economic thing that's going on here this situation you have only 52 cards in
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circulation but since they've been loaned into circulation you have aggregate liabilities of what 56 cards
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now how in the world can you discharge a liab ility of 56 cards with only 52 in
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circulation is
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possible now let's translate what's going on there economically that that illustration I
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just gave to you about the card players on an island may I suggest to you is the
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same operation that is going on today all of our medium of Exchange
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Bank liabilities credit if you will we have the same thing going
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on and now I'm in this illustration that you see up here on my PowerPoint presentation I've just substituted
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Industries for card players you know here you have we have a central bank he's the card owner he has 4 million
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bucks that he's ready to loan out and we got four players we got the automotive industry we got the agricultural
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industry we got the medical industry we got construction industry they all need credit money and so the central bank
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with its 4 million bucks in credit Available Loans to the automotive industry 1 million agricultural gets a
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million medical gets a million construction gets a million but the central bank is charging
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10% interest so at the end of a year you know the automotive industry is going to
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owe 1.1 million so is agriculture medical and construction so what you you
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have here to to make a direct comparison what you have here is the same thing
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that you saw with the card example we have in circulation 4 million in credit but the
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outstanding liabilities the debt down there is 4.1 million how in the world do
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you pay when you owe 4.4 million how do you pay it with only 4
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million in circulation
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now this is my example of how the reason why we have budget
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deficits in that last example you saw that there was this uh difference the
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economy needed in order just to maintain itself it needed the injection
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of4 million bucks into the economy just so that you can have a stable currency Supply so who play plays that role in
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this economy when you borrow your money into circulation you borrow your credit
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well Uncle Sam is playing that role and this illustrates it here in this situation you know we have the only
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thing I've added you go back to that previous example you still had the Central Bank loading 4 million bucks into circulation Automotive agriculture
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medical and construction they eacho since they b a million bucks each from the central bank they owe you
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know ,000 more what the with the the circulation is only 4 million but we
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have a datb of Point 4.4 million the liabilities exceed the Bucks in circulation so what the government does
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is it borrows 8 million injects that into
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circulation so government borrowing stabilizes the economy the
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money that is needed for the interest that the economy Acres year is injected into the economy by
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government deficits this is this this is kind of
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this is you know just a rough example this is historically what has happened in this country you know the the green
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you know this is the little chart that Larry MRA made you know the bank money is in green and the government money is
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in blue you start off at year one you know let's say that that's what's going on you know uh government money is the
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great bulk of the currency and circulation in the economy and bank money is you know
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40% but there has always been a war going on you may not see it but it's
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been there a silent War carried out over the over the decades over the
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centuries and the banking industry the financial industry with its paper has
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always been at war with gold and silver coin and so just you know you know as
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time goes by this is what's happened in you know this is a principle that you can see when you study the economic
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history of the United States you know the financial industry has been very
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Adept at forcing gold and silver or government money out of circulation that's happened
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ladies and gentlemen and you know you know right now I've read a report back
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in uh maybe 10 or 20 30 years ago I picked up a report from some Library it
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was talking about the i banks in Iowa during the Great Depression and the
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banks that survived and the banks that failed Now using fra Reserve banking
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principles you know a bank has got to keep a certain amount of M money in reserve to pay people that come in
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through the door and want to swap their credit for you know real pieces of paper did you know that the banks that
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survived the Great Depression in Iowa had a reserve requirement of more than
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2% just a little bit above 2% and the banks that failed in Iowa during the
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Great Depression you know as a practical matter had a reserve of less than 2% wow
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that means the bank you know back in those days if they had $2 you know on
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deposit you know in their vaults they could issue outstanding Credit in the amount of $100
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now today is a practical matter you know they're getting everybody in the world you know one of the things that you I walk into I don't use credit cards and I
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get real irritated when I walk into a quick stop now here that you know I get my coffee or something to drink in the
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morning and the the guy in front of me is buying $5 worth of candy or whatever
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and guess what he's using credit card wow and so the credit credit
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industry has really made the American people depend upon it you know oh it's easy well let me just tell you ladies
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and gentlemen that ease is the vehicle by which they
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acquire economic power over
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us let's look at the math of the situation how things change over time
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now this is this is just Larry be Craft's representation you know this parallels real real life you know the
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central banks and let's look at our an economy the central bank loans 10 million bucks into the economy at 10%
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annual interest and 10% annual principal payments you know just to keep it simp
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simplistic well at the end of the year you know going back to a previous example at the end of the year one based
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upon you know the the central bank loan and credit and circulation and then the various Industries have to repay
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interest you know at the at the end of the year one you know the econom has to pay when there's uh let's see what am I
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saying here 10 million bucks in circulation it's got to pay a million bucks in
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principal and a million bucks in interest leaving 8 million bucks in
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circulation but a total debt of 9 million at the end of year two you using
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that previous example you know the economy is going to pay 900 bucks $900,000
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bucks in interest 900,000 bucks in principal leaving only
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6.2 million bucks in circulation but a total debt of 8.1 billion million at the
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end of year three the economy has to pay 810,000 bucks in interest 810,000 bucks
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in principal leaving only 4.5 million bucks in circulation but a total debt of 7.29
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million at the end of year four the econom is paying 729 th000 bucks in
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interest and 729 in principal leaving 3.12 mlion ion bucks in circulation but
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a total debt of more than 6.5 million year five the academy pays 656 th000
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bucks in interest and the same amount in principle leaving only 1.8 million bucks in circulation but a total debt of 5.7
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million can you see what's going on here you if you have a if you loan the medium
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of exchange into into circulation and the users that got to pay got to pay principal and interest
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you're sucking down from the money in circulation you know a whole a bunch every
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year and that has an economic effect when you're Contracting the currency Supply just because you're loaning the
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credit into circulation and so what you have here you know I kind of summarize it
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all to maintain a current Supply a stable currency supply for these years that we just
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mentioned the government must borrow in year one 2 million
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year 2 1.8 million year 3 1.6 million year 4 1.4 million year 5 1.3 million
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and you add it all up you know just to maintain a stable currency Supply the
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government's got to borrow 8.1 million
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bucks and ladies and gentlemen that's what we have in the way of a monetary
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system that is operating here in the United States you know a lot of people are talking about we're getting ready to
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go into hyperinflation you know this is just a another illustration on my part
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about what happens during hyperinflation you know you know that in order for us
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to obtain currency for circulation you got to approach a credit Creator a money
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Creator and give them a promisory note they're going to expand your bank account you're going to give them a
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mortgage when you get into hyperinflation it's just right around the corner uh you
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know this is just an illustration to show you you know if you start off in month one with you know maybe that's the
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the approximate amount of mortgage property in the economy you know 60% and 40% is unmortgage you know you can
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within five months after hyperinflation you know the banks are going to be mortgaging property right and left and
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you may have within a span of only five months only 5% of the property in the country remains
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unmortgage that's what's going to happen during hyperinflation
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here's just an example you know there's a lot of people don't understand you know what happened during the Roaring 20s you know how we got into the Great
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Depression back in those days this kind of tells you what the monetary manipulators
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do let's say you have who are my examples here I'm using Rocky and
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Morgan two fictitious characters that probably have a direct relationship to
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real life characters I'm calling them Rocky and Morgan how did these guys manipulate the stock market you know
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what what is a real simple way to manipulate and make money well here was
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a typical way say like say it was 1927 1928 what are these guys doing you know
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they they've got Limitless credit they can go to the banks that
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they own hey you know expand my you know checking account and let me make money
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sure thing of course they control the bank but let's say that they they're they're going to pick a Target
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um the ABC widget manufacturers issued some outstanding
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stock and these guys are going to make money by manipulating the price of the
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stock so they target ABC widgets which has a million shares outstanding with a
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value of one Bucks du is my is my terminology it it means uh something
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like a Federal Reserve Note but what they the two Rocky and Morgan get into
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an agreement they're going to pull a million bucks and what they're going to do is they're going to bid up the price
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of ABC widget stocks to make profits that they're going to share so week one
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this is what happens oh Rocky goes out and he buys 100,000 shares he pays a
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little bit more he pays uh 1.5 bucks for each stock and look it cost him 150,000
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bucks and this is the complete investment in this Venture week two now
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you know Rocky bought now Morgan's going to buy the following week Morgan buys from Rocky his buddy the
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$100,000 100,000 shares but now he's going to pay two bucks per share the
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cost is 200 200,000 bucks week three oh Rocky comes back and
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he buys one Morgan the same shares $100,000 he pays five bucks cost
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$500,000 but after selling back and forth between themselves for several
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months they have bit up the price of widgets the widget shares to 10 bucks a
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share can you can can you see how that that was done you take two guys pick a
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stock out manipulate back and forth wow you know wall Street's wow look at this
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Rising stock and so they caused the stock to rise again causing it to rised to 10
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bucks a share and at that time that you know since they've been selling back and forth the same shares you know they have
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100,000 shares with the market value now that through their act activities they've raised the the value of the
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market shares to 1 million bucks and then then they unload and when they unload they get a
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return of 1 million bucks with an investment of only 150,000 bucks but
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then you got to also remember at the time that they sold their shares they also shorted
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does that make sense and ladies and gentlemen that's how you know not only the people that
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we're talking about that have their their financial interests are detrimentally diametrically different
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from ours you know this is one way that they have acquired money but then again you know they've acquired the we to
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through the operations of monetary system but now let's move on to a
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different topic you had Larry Larry bcra Short view of some economic lessons now
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let's move on to something that's real important you know when the United States Constitution was uh ratified in
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1789 you know before the that time the Congress and the under the Articles of
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Confederation didn't have any jurisdiction you know it got all of its receipts by asking the states hey send
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us some money so we can pay our bills that's the way the Articles Congress
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operated they also didn't have that the Articles
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Congress didn't have any jurisdiction and one of the things that had happened during the Revolutionary
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War you know the Articles of Confederation congress met in Philadelphia and uh the soldiers hadn't
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been paid so a bunch of Grouchy o soldiers that hadn't been paid went to
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Philadelphia and shook their shook their fists at Congress and hey that was kind
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of revolutionary for those days you know you have soldiers you know threatening uh Congress by shaking their
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fists and so that experience among others was one of the reasons why the United States Constitution the Congress
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was given a jurisdiction and here's what they agreed you in Article 1 Section 8 17 of the
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United States Constitution the federal government was given exclusive
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jurisdiction over such District not exceeding 10 m Square what is that
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is that Washington DC right has made by session of particular states in the acceptance of of Congress become the
35:07
seat of government of the United States well that happened you know you go to you go to Washington DC and you know the
35:15
land in uh in the northern part of DC was at one time in the jurisdiction of
35:21
Maryland across the river that land over there was in the jurisdiction of Virginia
35:27
and you know I'm not going to show you here but you know you can go back to these original acts from Maryland and
35:33
Virginia they they seated jurisdiction you know for that 10 square miles they seated it to Washington
35:39
DC so Congress has exclusive jurisdiction Washington DC but then it
35:44
also has exclusive jurisdiction over like authority over all places purchased by the consent of the legislature of the
35:51
state in which the same shall be for the erection of forts magazines dockyards
35:57
and other needful buildings now that's a provision in the United States Constitution that I think is real
36:03
important now now can I see a show of hands of how many people here have at least some study that relates to you
36:12
know this jurisdiction issue okay well a lot of people do well I'm going to show
36:17
you as I said said a few minutes ago I'm going to show you some things that I think are real important and I'm just
36:25
going to show you some stuff in this PowerPoint presentation pages from the United States statutes at large and we're going
36:32
to look at it and I got 130 pages 130 pages out of hundreds you I
36:38
just picked some and I want some feedback for my
36:44
audience I want your opinion as to what these things that Congress has written
36:50
in certain laws what it means can we do that are y'all are y'all receptive to that idea ready okay you're ready okay
36:58
you hear that John they're ready I say your Nam is when you say something so we get on
37:05
camera you don't know who to prosecute now this is a page now here here's what I've done ladies and gentlemen back here
37:13
in the back of the room you know years ago 10 years ago I sat down and I strung
37:21
together the pages out of the United States statutes the large and then made them you know I ran a tax conversion and
37:28
so for the first time you know that that you could have the entire United States statutes of large and searchable taxes
37:34
when I produced it and back there Steve is making available you know the statutes at large
37:42
which are the acts of Congress from 1789 forward they're published you know the
37:49
bills of Congress that get you know adopted by Congress and signed by the president or you know a presidential
37:55
override of veto all that stuff gets put published in the statutes at large that
38:01
is the original Law and that original law was published in a set of books called the United
38:07
States statutes at large and right now we're up to volume
38:12
125 and uh Steve has the stuff that I've done you know all these volumes of the
38:17
United States statutes at large available back there if you would if you're interested in this uh uh issue if
38:24
you want to study you know available back there and what I've done over the years ever since I got the United States
38:31
statutes of large organized so that you could engag in word searches you know I sit down I'm just a curious guy I sit
38:38
out during the evening you know after I've come come home from work and I'll sit there with my laptop and you know do
38:44
these searches and as I do these searches I find things that I kind of think are real
38:51
important you I've done searches through the United States statutes at large and I a catalog all these little interesting
38:58
Pages out of statutes at large that kind of teach there's a teaching lesson in the page you know what does something
39:05
mean and I just kind of collect those in these little folders you can do citizen
39:10
you can do these word searches and go through the United States for citizen you know that's a real interesting study
39:16
you know a lot of times when you're uh sitting down and reading some law there are phrases that crop up and you can
39:23
have a debate well what does this thing mean you know there there are people people that in this Freedom Movement that'll sit there and you can have
39:30
Arguments for hours for days and you can hear a multitude of
39:36
conflicting sentence uh opinions just based on you everybody's got an opinion about who's a
39:43
citizen haven't y'all encountered that I mean a wide variety of opinions well
39:49
personally I am tired of personal opinions to me you know I have a lot of
39:57
whole personal opinions and maybe you'll agree with some of my personal opinions but to me the proof of the pudding is
40:03
you know proving your opinion you showing
40:08
something you know having a personal opinion about you know whether the moon is made out of green
40:14
cheese uh can be disproven by sending a rocket
40:20
up there a a Space Capsule to bring back something other than green cheese from the Moon well similarly you know you can
40:27
prove what something means and I'm getting ready to show you some stuff about what jurisdiction means and my
40:34
proof consists of you know law law is not like medicine you know the field of
40:40
Investigation study and medicine is a real live organism human
40:47
beings dogs cats cows horses you know that's the field of study for medicine
40:54
well that's real complicated astronomy you know the field of study
41:00
for astronomy is you sit there and look at you know through a telescope or you send the Hubble into outer space and
41:05
take pictures and you we got all these satellite you're looking at the D
41:10
dynamics of the universe well when you're dealing with law it isn't it isn't a live
41:18
organism it isn't outer space and the things you see up there your entire
41:23
universe when you get down to law is stuck that's in black and
41:29
white and thanks to modern technology with computers today you can put on a
41:37
corner I didn't bring down a hard drive but you you let's say you got a terabyte hard drive you can put all of the United
41:45
States statutes large into a small corner of hard
41:51
drive and then you can take you know and then another small corner you got your tax acttion and regul ations you
41:57
know I've made a an effort for serious students of you know freedom in this
42:04
movement you know you you can now have available the entire United States statutes and larts and do some
42:12
study and the point that I want to make with you this afternoon is is that you you yourself can sit down and do some of
42:19
this study and educate yourself and I'm just going to take one point
42:25
jurisdiction and and I'm going to roll through these examples and I want to see what conclusions you reach and be
42:32
mindful that we got 130 pages John I mention where they can be found online
42:37
yeah oh yes yes well they were first posted you know John stand up and John is an Austin
42:44
guy and he's a good friend of mine and he has a website called constitution.org
42:50
which you know is there not a whole lot of websites that actually are you you
42:57
can weigh them but John's website you can you know it actually you know even
43:02
the electron there are so many electrons it has actual weight John you
43:07
got physical volumes you know John tries to collect everything that relates to
43:13
anything of importance historically and posts them and years ago I sent him my
43:18
United States sessions large that are searchable and posted on John's website so John John is just one of
43:25
those guys that if he runs across a historical work that's real important boom he's sticking up a PDF image of it
43:32
you call me a constitutional p r okay right right okay now I can't tell you you know
43:40
I would have to go back and look at the file to see where this page is but this is the page out the United States statutes L now remember you know I
43:46
started off years ago I converted jpegs to PDFs to study but then to for this
43:52
computer presentation I had to convert the the PDFs back to jpegs am I right Mr
43:58
farmer from from Athens you know if you're going to use a PowerPoint presentation do you not have to use
44:03
jpegs you can put it in some kind of picture for okay answer my
44:12
question whatever well what I what I've done is I you know I went back and I
44:17
converted these to jpegs and so you know some of these images that you're getting rid of you see you know I've had to you
44:23
know I'm just a blooming lawyer and you know I've had to you know I'm not the expert in the world so some of these images may look a little odd but here's
44:29
one image look at that phrase It's the sovereignty and jurisdiction of this state and I oh it's Tennessee oh oh look
44:37
up here Tennessee and the big pigeon the French Broad okay now I know we're
44:42
dealing with something close to Knoxville okay and this law dealing with
44:49
something close to Knoxville and I know that because it's talking about the French Broad which is one part of the Tennessee River you know this one you
44:56
get two two streams come together the French Broad and form the Tennessee River right there at Knoxville but this
45:03
act says something about that area that the sovereignty and jurisdiction of this state obviously talking about Tennessee
45:09
in and over the territory AFF foret and all of every of the habitants thereof shall be and remain the same in all
45:16
respects until Congress of the United States shall accept the session to be made by virtue of this act as if this
45:21
act had never passed now now those words I think this probably had some relationship look back at the some pages
45:27
there it relates to a fort there in Knoxville and look at it you know here
45:34
here you got a fort uh and what's Congress saying the Tennessee has the sovereignty
45:41
and jurisdiction over that place until Tennessee comes along and seege
45:49
jurisdiction here we got this is in 1796 I can guarantee this is out of volume two the United States statute large or
45:56
volume one excuse me statutes at large and this is Page 452 and look at this is
46:02
a an act authorizing the creation of a lighthouse on Baker's island in the state of
46:08
Massachusetts and I've highlighted down here you know this language as soon as a
46:14
session of jurisdiction to the United States over the land proper for the purposes made by
46:21
the said state so what they're talking about here is they're obviously going build a lighthouse on Baker's Island in
46:29
Massachusetts and Congress wants the state to seed jurisdiction over the
46:35
lighthouse to Uncle Sam now this is this is the operation of Article 1 section8
46:42
Clause 17 that I showed you a minute ago oh here's here's another one dealing
46:48
with oh this is a marus Vineyard a lighthouse at gay head now look at the
46:53
language that Congress is using here can you see back there is that a little too small or can you read
46:59
it you can't okay yeah I'm I know that
47:06
feel look at the language as the jurisdiction of such lands at Gad on the western part of Martha's Vineyard in the
47:13
state of Massachusetts shall have been seated to the United States you know down here in paragraph in section two a
47:21
new inet on Cape Fear River in the state of North Carolina shall have been seated to the United States you and and looked
47:27
at the bottom highlighted yell until the lands whereon the same shall have been
47:33
erected together with the jurisdiction there El shall have been seeded to the United States so in Article 1 Section 8
47:39
CL 17 the United States Constitution is talking about how the states will seed jurisdiction over forts magazines
47:46
Arsenal dockyards and other needful buildings and now you're seeing how that
47:52
happens from a federal level you know here Congress is coming along for a lighthouse that's straight
47:59
out of the United States Constitution and they're W to build a lighthous here on this one on on
48:05
Martha's Vineyard in Massachusetts so Congress is saying hey we'll make some
48:10
improvements we stick this Lighthouse there once the state comes along and
48:16
seeds jurisdiction of the property to the United
48:22
States here's another one oh Long Island Long Island
48:27
Sound talking about how you know this is another Lighthouse the legislator of
48:33
Rhode Island and New York shall seed jurisdiction of the same over to the United States so what we don't have here
48:40
I'm not includ you know this is the act where Congress is saying hey we'll build a lighthouse here if the state seeds
48:45
jurisdiction and you know if you go back in the same period of time you're going to see an act of the legislature of of
48:51
Rhode Island and New York they'll come along and say oh okay yeah we're going to see jurisdiction over the White House property to Uncle
48:57
s but this is real important let me ask you this you know looking at what jurisdiction you know just thinking
49:04
about this what jurisdiction did Uncle Sam have prior to
49:11
the state seating jurisdiction for this lighthouse on on uh Long Island no n
49:22
really I'm Sam head you're telling me none square miles at
49:27
there Mr Green what's your opinion I say n okay so we got a lawyer back here
49:34
say here we got this is in 1829 uh the state of South
49:41
Carolina shall convey all the rights titles all the right and title of the
49:47
United States anti said so land so says and from a from and after the execution
49:52
of said conveyance the jurisdiction United States over the soil so conveyed being the same as hereby hereby
49:58
retroceded to the state of South Carolina so here you have in this specific situation you know South
50:05
Carolina had transferred Uncle Sam you know jurisdiction over some land and lo
50:11
and behold now apparently for some reason Uncle Sam doesn't want the property or maybe you maybe they were on
50:16
the wrong spot you know they needed be another spot down the coast and oops we made a mistake we don't want that spot
50:22
you maybe that was happening but here they're transferring jurisdiction back to the state so when that happens when the
50:29
jurisdiction is being reconveyed back to the state after that transfer of jurisdiction what what jurisdiction does
50:36
Z
50:44
have now here we are in 1834 state of New York shall retain its
50:50
present jurisdiction of and over bed's and Ellis's
50:56
islands and shall retain excl what exclusive jurisdiction of and and over
51:01
the other Islands lying in the waters above mentioned and now under the jurisdiction of that state well let's
51:07
see I I'd have to go back and read this uh this is something in who knows some of those islands in
51:14
the middle of the Hudson river near New York City and it is Congress acknowledging
51:21
that the state of New York had exclusive jurisdiction over those islands is that what it
51:28
says article third down there the state of New York shall have and enjoy exclus jurisdiction of and over all the waters
51:36
in the Bay of New York article fourth the state of New
51:43
York shall have exclusive jurisdiction of and over the Waters of kill van Co
51:48
between Staten Island and New Jersey on the western most end of Shooters Island article 5th state in New Jersey
51:56
shall have an enjoy exclusive jurisdiction of and over the land the Waters of the sound between Staten
52:01
Island and New Jersey lying south of Woodbridge Creek uh down there number
52:07
two the state of New York shall have exclusive jurisdiction out and over the wars well now wherever Congress is
52:14
saying exclusive jurisdiction New York New Jersey I want to ask you this what's
52:20
your opinion number three the state of New York shall have the exclusive right of regulating the fish between the
52:25
shores of Staten ID and the middle of the said Waters would Uncle Sam have any
52:34
jurisdiction any should can I see does who agrees who
52:40
thinks Uncle Sam would have some type of jurisdiction oh John she
52:46
figures on a few subjects okay all right uh can't see the page number here
52:53
but this is an act regarding the Northern boundary of the state of Ohio oh when they're admitting Michigan
53:00
into the union and look down here in the bottom part of this uh image provided as
53:05
always upon the admission uh this admission is upon the express condition that said State shall consist of and
53:13
have jurisdiction over all ter territory included with in the following
53:21
boundaries so here you have Congress creating State
53:26
and it's saying it had that state shall have jurisdiction over all the territory that you know this later described that
53:33
you can't see moving on to another act here you
53:39
got on SE in September of 1841 uh that it should be the duty of
53:44
secretaries of the executive department respectively under whose Direction any lands for the person purposes afer said
53:50
may have been purchased and over which the United States why
53:58
not do not possess jurisdiction oh so Kyra said is
54:03
recognizing that it can own some land in a state but it does not possess
54:11
jurisdiction oh but then you can apply to the legislation of the states in which the lands are situated for a what
54:19
session of jurisdiction ladies and gentlemen I'm getting these I'm getting these ideas
54:25
you know I didn't make stuff up I'm just using the words of Congress okay here we are
54:31
1846 oh this is interesting right I recognize this one here you're talking
54:37
about look Alexandria where's Alexandria so on the south side of the
54:44
pomac is one of the cities in the District of Columbia all the way up to
54:50
1846 so this has something to do we all know that Alexandria is no longer in the
54:56
district of Colombia you had that 10 square miles and at some stage in the past you know the Parton Virginia was
55:04
retroceded back to Virginia you know Congress decided well
55:11
we're only we're going to only have Washington DC in the Maryland part of the session so this has a direct
55:19
relationship to this and I think this is real important look at the language of Congress right here all of that portion of the District of Columbia is seeded to
55:25
the United States by the state of Virginia and all of the rights and jurisdiction therewi seated over the
55:31
same be and the same are hereby seated and what John what's that word what's
55:38
that phrase forever relinquished to the state of Virginia in
55:45
in full and absolute right and jurisdiction as well of soil as a
55:50
person's residing or to reside there on
55:56
so Congress gives back its jurisdiction to Virginia over Alexandria and look is
56:03
is this a a it looks like to me it's saying after the session of Alexandria
56:12
back to Virginia Uncle Sam retains how much
56:19
jurisdiction uh the second section three that the jurisdiction and laws now existing in the city territory seated to
56:25
the United States by the state of Virginia as AF said over the persons in property of individuals therein residing
56:31
shall not cease or to determined until the state of Virginia shall Hereafter provide by law for the extension of her
56:39
jurisdiction and judicial system over the said territory here hereby
56:45
receded so once Virginia comes along and accepts that
56:51
retrocession at that stage how much jurisdiction does unle Sam
57:03
have twice oh here's a proclamation um again oh this has a
57:11
direct relationship to the retrocession of Alexandria back to Virginia this is a
57:16
proclamation of the president look at that part in yellow all that portion of the District of Columbia seed to the United States by the state of Virginia
57:23
and all the rights and jurisdiction there seated over the same shall be seated and forever relinquished to the
57:28
state of Virginia in full and absolute right and jurisdiction as well as of soil as of person residing or to reside
57:34
there on now apparently by this time you know Virginia said oh okay we're going to take take it back so the president is
57:39
coming along and issuing a a proclamation oh that
57:46
happened here in 1854 uh Southwest pass of the
57:52
Mississippi so it's along the coast uh and the jurisdiction United States overs said land shall thereafter cease
57:59
and shall revert to the state of Louisiana you know after valid titles
58:04
and States jurisdiction have been obtained to the site so here you have oh
58:11
it looks like it's along Vermillion Bay in Louisiana you can see that in section six so Vermillion Bay had a lighthouse
58:18
there at one time and this is uh Uncle Sam coming back and and and acknowledging that the
58:26
jurisdiction over that land is is here is hereby ceasing and the jurisdiction
58:31
is reverting back to the state of
58:37
Louisiana oh this is uh Massachusetts you hear Congress is
58:43
saying it seed the sovereignty and jurisdiction over the port of it of the portion of its territory known as the
58:50
District of Boston corner now if you were in Boston you know the I think before the this time you know there
58:56
Boston was a really important point and Uncle Sam he was making ships there and stuff like that and you know it had a
59:03
part of the land you know that was called Boston corner it's seating it back it's seating the sovereignty and
59:09
jurisdiction back to to Massachusetts I brother year this here
59:16
this is talking about the state of Louisiana shall pass the law of seeding jurisdiction over the site of such Warehouse to the United States this is
59:23
obviously having some Rel ship to oh this is the quarantine station on the Mississippi River below New Orleans
59:31
right you know there oh Uncle Sam's appropriating 50,000 bucks dollars to
59:37
build the quarantine station and you know but it's not going to happen until the state of Louisiana
59:43
seeds jurisdiction over the site to the United States uh the next paragraph something
59:49
happening in Duke Iowa uh the legislature of the iow state of Iowa will will at at a session pass
59:56
an act seeding exclusive jurisdiction over the site to the United States and forever exempting the property from all
1:00:01
taxation so all you can look up there at the first paragraph they want to complete a customs house of post office
1:00:07
Etc and debut you know they're going to spend $220,000 and so they want the state of
1:00:15
Iowa for this property that's going to be the custom house and post office they want the state of Iowa to seed to the
1:00:20
United States exclusive jurisdiction is that what it
1:00:27
says well before that happened is is this an acknowledgement that a AA had
1:00:34
exclusive jurisdiction of the property to begin
1:00:41
with oh here we are in 1871 oh this is a national Asylum for
1:00:48
disabled volunteer soldiers let's see if we can see the place oh someplace in
1:00:56
Ohio but apparently you know Uncle Sam had bought the national Asylum for
1:01:03
disabled volunteer soldiers and now it is hereby receding
1:01:08
to the state of Ohio jurisdiction that is is relinquished by the United States and the United States shall claim or
1:01:16
exercise Steve over set place after the passage
1:01:22
of this act
1:01:29
okay this is in 1872 uh this is talking about something oh United States courts customs house
1:01:36
depository post office internal revenue and pensions offices are going to be built it doesn't I can't see oh in
1:01:42
Cincinnati look at that the top paragraph something's going to go happen in in in Cincinnati and they're going to
1:01:48
spend some bucks there to to build the United States courthouse but they're wanting the state
1:01:54
of Ohio shall SE its jurisdiction over the same to the United States and shall duly release in langage to the United
1:02:00
States the right to tax in any way and in the next one there in Albany Albany
1:02:06
New York state capital of New York uh looks like they're going to be building
1:02:11
a customs house a post office uh district courts and they're wanting uh they they
1:02:17
want b a time to the state thereafter shall be vested in the United States and until the state of New York shall seed
1:02:24
its jurisdiction over the same so Congress is getting ready to build cour houses Customs houses you know building
1:02:30
in Aly and it's asking the state of the you know it's going to spend so much money there oh it says 50 oh W
1:02:38
$350,000 so back in those say hey that was a big building 350,000 wo it's a big
1:02:44
building you know you know the the uh you go to Washington
1:02:50
DC and uh the Library of Congress is one of the most ornate buildings you can
1:02:56
imagine built back at the turn of the century or the last century early
1:03:02
1900s go into that building it it is a beautiful place really
1:03:09
ornate and it cost to construct it you know just several millions of dollars
1:03:15
back when real money was real but you know today you know well I'm talking
1:03:21
about a couple of years ago it takes 200 million bucks per year to operate the
1:03:27
Library of Congress J what a
1:03:33
difference well here here in Albany they're going to you know they're wanting the state of
1:03:40
New York to seed its jurisdiction D Sam in order to do the
1:03:47
building and this here's 1872 the this has a relationship to Something in
1:03:52
Michigan Port hon in Michigan they're going to build something there and
1:03:58
Congress wants valid title to the land she'll be vested the United States and it wants the state of Michigan she'll
1:04:03
see this jurisdiction over the same to for that property uh here in
1:04:09
1873 down there in yala uh this is Old Covington Kentucky
1:04:14
right across the river from Cincinnati uh looks like they're going to construct a suitable brick building
1:04:21
with a fireproof big RW uh and their Uncle Sam wants valid title to the
1:04:27
land and uh you know shall be vested in the United States nor until the state of
1:04:33
Kentucky shall seed its jurisdiction over the same now is that an acknowledgement you know here Congress
1:04:38
is saying oh well for this building we're going to build in Covington to Kentucky that it wants Kentucky to
1:04:47
transfer jurisdiction of that property to the United States is that what's going
1:04:53
on oh Anapolis okay here's here's the Naval
1:05:00
Academy they're going to expand the Naval Academy a real beautiful place uh for the purpose of extending
1:05:06
the area and creating additional convenience for quarters $45,000 but no money shall be paid for
1:05:13
said land until the state of Maryland has seated jurisdiction over the same to
1:05:19
the United States
1:05:25
uh Kansas this is in 1873 until a valid title to the site of
1:05:31
of said building shall be vested in the United States and until the state of Missouri shall seeed to the United
1:05:36
States exclusive jurisdiction over the same this is relationship this is in in
1:05:42
uh Kansas City oh it's for up post office and custom house bed Warehouse
1:05:48
Internal Revenue offices and other government offices in the city of Kansas in the state of Missouri
1:05:54
and they're talking about Missouri's got us in order for them to build all that oh it's
1:06:01
$200,000 but before they're going to spend the $200,000 to build those facilities Congress wants the state of
1:06:07
Missouri to seed ex exclusive
1:06:14
jurisdiction well before that time if if if Missouri had exclusive
1:06:23
jurisdiction what was the jurisdiction of the United States before that I'm just asking questions they're
1:06:31
exclusive yeah well Danville Dan Danville Virginia is real close to uh
1:06:38
the where the place where they end the Civil War end it atax
1:06:44
Courthouse southern part of Virginia and uh let's see they're going
1:06:50
to build oh $70,000 to build district courts of the United States and post
1:06:55
office you know Uncle Sam's going to build uh for 70,000 bucks you know some buildings there and want the state of
1:07:02
Virginia shall seed to the general government jurisdiction over the
1:07:09
property oh mcgomery Alabama my state let's see oh okay this is the same thing
1:07:15
going on they want courts of the United States Post Office land office you know they're going to spend uh oh 125,000
1:07:22
bucks to BU build offices there in Montgomery and Uncle Sam was the state of Alabama shall seeded to the United
1:07:29
States exclusive jurisdiction over the same during the time the United States shall be and remain the owner
1:07:37
thereof um also in well this is 1872 that Congress wants the state of
1:07:42
Minnesota to seed to the United States exclusive jurisdiction over the same uh looking at second act on that page that
1:07:49
chapter 76 has a relationship to a public building in Columbus Ohio Ohio and Congress wants the state of Ohio to
1:07:56
seed to the United States exclusive jurisdiction over the
1:08:02
same uh also in 1882 uh this something in in always more
1:08:08
Customs houses in Quincy Illinois Congress wants the state of Illinois to seed to the United States
1:08:15
exclusive jurisdiction over that property uh the second act that we have how here also this is in Poria Illinois
1:08:23
and looks like they're going to be building a United States courts and customs house EMB boded Warehouse there
1:08:28
uh for $225,000 and Congress wants the state of Illinois to seed her jurisdiction over
1:08:35
the same Don Sam uh also in 1882 this is relating to
1:08:42
I can't see the city uh but it's obviously in Tennessee Uncle Sam is wantan to the state of
1:08:49
Tennessee to seed to the United States exclusive jurisdiction over some
1:08:56
land uh here I oh this is wel oh
1:09:04
1882 the top one the state of Missouri sub seed to the United States exclusive jurisdiction the second that chapter 182
1:09:12
it looks like they're going to erect a public building in Louisville Kentucky uh Congress wants the state of Kentucky
1:09:18
to seed to the United States exclusive jurisdiction over the same uh the third one on that page something in Rochester
1:09:24
New York there oh $300,000 they're going to build something there Customs houses cour houses and Uncle Sam wants the
1:09:31
state of New York to seed to the United States exclusive jurisdiction of that
1:09:37
property uh also 1882 got a whole bunch of stuff here from 1882 this is in galston
1:09:45
Texas how far is galeston from here 200 miles well they're going to uh let's see
1:09:53
this deals with the customs house fire fireproof vaults for the accommodation
1:09:59
of the customs house internal revenue office is in at other government offices in galvaston Congress wants the state of
1:10:05
Texas to seed to the United States exclusive jurisdiction over that property the chapter 185 they're going
1:10:11
to build uh in Syracuse New York obviously some government offices they want the state of New York to seed to
1:10:18
the United States exclud the jurisdiction over the same uh here we have the state of Iowa
1:10:25
is want Congress wants the state of Iowa to seed to the United States exclusive jurisdiction over the property that's
1:10:30
talking about in the first part of this uh uh image uh chapter 187 in Detroit
1:10:36
Michigan let's see they're going to customs houses post office they want the state of Michigan in order for them to
1:10:43
build this building I can't see the price there that they're going to spend there uh but no money is shall be
1:10:49
appropriated for this purpose so shall be available until a valid title shall be vested in the United States nor until
1:10:54
the state of Michigan shall seed to the United States exclusive jurisdiction over the land so
1:11:00
purchased uh here we have also in 1882 this is something going on in Greensboro
1:11:05
North Carolina congress wants the state of North North Carolina to seed to the United States exclusive jurisdiction
1:11:11
over the same now I know this is a bit repetitive but you know to me you know
1:11:17
that old example I was talking about uh repetitive examples show them a
1:11:23
lot lot of very specific items and you get the point you're seeing the truth
1:11:30
that enables you to see some about how things work now let's go
1:11:35
down let's let me quickly move we can go through a lot of these examples and maybe we'll do some more of these this
1:11:41
afternoon but I want to get down here there's something got time this was I question
1:11:49
oh you had a qu I thought you were tell me time oh okay say Juris jurisdiction and
1:11:55
others say exclusive jurisdiction I notic that's different uh well I don't
1:12:04
think so you know I think jurisdiction is exclusive Juris but you know let's just
1:12:09
limit our our our analysis here to exclusive jurisdiction you know like
1:12:15
here we are I flip back up to something involving the state of South Carolina should seeed to the UN United States
1:12:20
exclud jurisdiction over the same that just meant you know even if they just said jurisdiction it looks like to me
1:12:26
that prior to a state seting jurisdiction or exclusive jurisdiction what conclusions do you draw about
1:12:32
before the state did that what jurisdiction did Uncle Sam have this according to the words of Congress and
1:12:38
just using English John rules of construction yeah
1:12:44
in article one section 8 uh Congress has delegated a number of
1:12:50
powers those Powers May in general be exercised on state territory but only
1:12:57
those Powers so these are limited subject matter are SubCom
1:13:03
powers in Article 1 Section 8 Clause 17 it refers to exclusive jurisdiction and
1:13:12
what he means there is the general powers of a state as opposed to
1:13:18
Constitutional Powers are delegated restricted limited uh subject matter
1:13:24
Powers right which Happ come to be also on a state territory but which doesn't
1:13:31
thereby confer exclusive jurisdiction in fact most of those powers are concurrent
1:13:37
well well we're we're dealing here with John where I'm ultimately going is I want to deal with the issue of now that
1:13:44
you've seen a bunch of examples through the statutes at large Pages out of the statutes large where the word
1:13:49
jurisdiction or exclusive jurisdiction is used now I want to drift on to the
1:13:55
whole purpose of this exercise is to make a determination now that you have feasted so to speak your brain upon
1:14:03
Pages out of the United States statutes large let's get down to and I want to I'm I'm sorry folks but I kind of got
1:14:12
uh ahead of myself
1:14:22
here there's a point we're going to get into
1:14:28
I want to determine what the phrase subject to the jurisdiction United States means oh here here's something
1:14:34
that's very interesting why why do you have laws of why why is Congress using this this
1:14:43
phrase legislative jurisdiction what does what does that
1:14:49
mean something happened where they went from law to Public Law
1:14:55
well here you have an act you know look at that phrase legislative jurisdiction isn't
1:15:02
that real
1:15:08
interesting oh look another 8 1961 to authorize the secretary of the army to
1:15:14
to adjust the legislative
1:15:19
jurisdiction what do what does that mean
1:15:25
uh to authorize the secretary of the Air Force to adjust the legislative jurisdiction exercised by the United
1:15:31
States over lands within egund air for oh that's down in Florida egund Steve
1:15:38
did you ever fly in at out of egin no you didn't oh
1:15:45
okay but isn't that odd they're using a phrase to relinquish to the state of New
1:15:52
Jersey jurisdiction over the lands at the Fort
1:15:57
handc to provide for a retrocession of legislative jurisdiction over a United
1:16:03
States Naval Supply Depot which is Clearfield in Ogden
1:16:12
Utah oh here we are in 196 what in the world what what's the
1:16:19
meaning of this phrase legislative jur
1:16:24
ition and it's in direct relationship to tracks of land to authorize executive
1:16:31
agencies to create to Grant easements in over and apply on real property of the United States under the control of such
1:16:37
agencies and for other purposes and in this particular act that's passed by Congress in 1962 they use used the word
1:16:46
legislative
1:16:52
jurisdiction there is hereby retroceded to the state of Montana effective when
1:16:57
accepted by said state in accordance with its laws such jurisdiction has as
1:17:03
has been seated by such state to the United States over any lands within the boundaries of big hole National
1:17:14
Battlefield 1963 upon the delivery and acceptance the conveyance here in is authorized any jurisdiction here for
1:17:21
seed to the United States by the state of Mississippi over the lands and Roads transferred shall thereby cease and
1:17:28
thereafter rest in the state of Mississippi now this may be getting
1:17:34
boring but I we're going to get up to a a real specific point here you're talking about a retrocession of
1:17:41
jurisdiction to the Commonwealth of ma Massachusetts relinquished to the Commonwealth of Massachusetts all
1:17:46
portion as he may deemed desirable for the relinquishment of the jurisdiction here to for acquired by the United
1:17:52
States of silver any lands within the Fort De Military Reservation uh the the second law down
1:17:59
there to authorize the Secretary of Na Navy to adjust the legislative
1:18:05
jurisdiction exercised by the United States over lands comprising the United States Naval Hospital Portsmouth
1:18:12
Virginia man that's a big Portsmouth man got a whole lot they built a bunch of ships there that unan Parks Parks a
1:18:19
whole bunch of his ships there and they use legislative
1:18:26
jurisdiction here we have um another act of Congress talking about legislative
1:18:33
jurisdiction exclusive jurisdiction you know legislative jurisdiction look at
1:18:40
the title to adjust the legislative jurisdiction legisl an act to authorize
1:18:45
the adjustment of the legislative jurisdiction uh to retrocede to the state of Colorado exclusive jurisdiction
1:18:52
help of the United States over the real property comprising the fort Lions Baron
1:18:58
hospital they authorize the Attorney General to adj adjust the legislative jurisdiction exercised by the United
1:19:04
States of lands within the federal Reformatory at chilov
1:19:10
Ohio what one of the first capitals of Ohio to authorize the secretary of the
1:19:15
Navy to adjust the legislative jurisdiction exercised by the United States over lands comprising the United
1:19:20
States naval station in Long Beach to adjust the look right up here
1:19:28
legislative jurisdiction have you ever seen these words
1:19:35
no oh to authorize the Secretary of the Interior convey to the state of Tennessee certain lands within the Great
1:19:40
Smoky Mountains and down here they're talking about look at that the state of Virginia
1:19:45
of legislative jurisdiction over the lands what what is legislative jurisdiction to authorize the secretary
1:19:52
of the army to adjust to legislative jurisdiction adjust to the legislative jurisdiction what does that
1:20:00
mean relinquishment what what does that
1:20:07
mean what does it mean clay what huh what does it
1:20:15
mean relinquish legislative
1:20:21
jurisdiction oh United States code relating to the
1:20:26
relinquishment of legislative
1:20:32
jurisdiction conveyance the jurisdiction United States set portion of the legislative jurisdiction over the
1:20:39
lands partial relinquishment of legislative jurisdiction exclusive jurisdiction
1:20:46
legislative jurisdiction legislative jurisdiction over such lands is hereby seed to the state of Oklahoma
1:20:56
legislative jurisdiction again is this have you ever seen these words M
1:21:03
legislative jurisdiction legislative
1:21:09
jurisdiction legislative jurisdiction legislative
1:21:15
jurisdiction legislative jurisdiction legislative jurisdiction hey this is 1999
1:21:23
legislative jurisdiction don't know the date on that exclusive jurisdiction of the state
1:21:30
this is in 2002 the secretary of the Health and Human Services B the United States May whenever the secretary deems desirable
1:21:36
relinquish to the state of arkans all are part of the Juris United States to over the lands and properties and compy of the Jefferson Labs
1:21:45
campus R session of jurisdiction this is well this is here recently the administrator May relance
1:21:51
to State all are part of the legislative jurisdiction the United States uh legislative
1:22:00
jurisdiction okay we we had a little tour to force we had a tour of pages out
1:22:08
of the United States statutes of large dealing with jurisdiction you we've seen partial exclusive just plain old
1:22:14
jurisdiction we've seen legislative jurisdiction but would you agree that Congress itself acknowledges that states
1:22:22
have jurisdiction and Congress seems to recognize that you know uh State jurisdiction must be acquired from the
1:22:29
state and prior to the acquisition of jurisdiction in the state it has no
1:22:34
jurisdiction does that seem Apparent from what Congress has to say now we
1:22:40
want to deal with this phrase I want to learn from each of you I am a dumb
1:22:46
lawyer from North Alabama and I'm going to show you some stuff and I want you to
1:22:51
tell me what it me means and we're going to deal with this phrase subject to the jurisdiction
1:22:57
thereof now you're going to see a whole bunch of examples after this whoever
1:23:02
shall bring into the United States or any place subject to the jurisdiction thereof how many of you diagrammed in
1:23:10
you know the third grade or fourth grade or whatever it was we you know hey my my
1:23:15
I got beat over the head a lot about my teacher you know wake up big crap you know about diagramming sentences you
1:23:22
know it was a repetitive beats on the head that forced me to learn diagramming and so I diagram this phrase
1:23:29
right up here now wouldn't you agree that subject of the sentence and that phrase is whoever and the verb is shall
1:23:35
bring and there's a prepositional phrase into thee and the object of the
1:23:41
prepositional phrase has an or in it and so there are two objects of this prepositional phrase into
1:23:48
the United States or in place subject to the
1:23:53
jurisdiction that's that's the way I diagram it I could be wrong you know I wouldn't so here is in 1804 the very
1:24:02
first time in the United States statutes at large you will see this phrase
1:24:09
is you see subject to the jurisdic the United States
1:24:16
there Mr farmer from Athens what's the what's the the
1:24:23
word right before subject
1:24:28
to countries the first time you see this
1:24:35
phrase subject to the jurisdiction United States in the United States statutes to large Congress is saying
1:24:44
countries subject to the jurisdiction United States is that odd
1:24:51
no uh another act 1843 any River Harbor Bay or Waters subject to the
1:24:57
jurisdiction United States that's another use of subject to the United States by
1:25:02
Congress oh don't know this is probably sometime in the 1870s I think well here
1:25:08
we got that phrase that we just diagrammed within the United
1:25:13
States or any place subject to the jurisdiction United States section six
1:25:21
that two or more persons in state or territory or in any place subject to the jurisdiction United States section s
1:25:27
whoever recruits soldiers or Sailors within the United States or in any place
1:25:33
subject to the jurisdiction thereof the next to to engage in armed hostilities
1:25:39
against the same are opens within the United States or any place subject to
1:25:45
the jurisdiction United States subject to the jurisdiction thereof Section 8 every person enlisted or engaged with
1:25:52
within the United States or in any place subject to the jurisdiction
1:25:59
thereof oh depart the United States or any place subject to the jurisdiction
1:26:05
thereof bring into the United States or any place subject to the jurisdiction thereof section 151 whoever with intent
1:26:13
to defraud Shall Pass utter publish or sell or attempt to pass utter publish or sell or shall bring into the United
1:26:21
States are any place subject to the jurisdiction the
1:26:27
uh is the United States looking at section
1:26:32
151 is the United States a place different from a place subject to
1:26:40
the jurisdiction there yes is
1:26:48
it within the United States now imagine the United States is being the 50
1:26:55
states that's that's what the United States means there then where is this
1:27:01
different place any place subject to the jurisdiction thereof where is
1:27:09
that teror territories section 158 whoever within
1:27:15
the United States or any place subject to the jurisdiction thereof section 159
1:27:20
one whoever within the United States or any place subject to the jurisdiction thereof section 160 whoever within the
1:27:26
United States or any place subject to the jurisdiction thereof section 161 whoever within the United States or a
1:27:33
place subject to the jurisdiction thereof uh bring into the United States
1:27:38
or any place subject to the jurisdiction thereof within the United States or any place subject to the jurisdiction
1:27:45
thereof section 170 whoever within the United States or any place subject to jurisdiction
1:27:51
thereof 171 whoever within the United States or any place subject to the jurisdiction thereof that may be the
1:27:57
same page but uh 245 brought into the United States or any place subject to the jurisdiction
1:28:02
thereof oh and look also uh any state from one state territory or the District
1:28:08
of the United States or a place noncontiguous subject to the jurisdiction you're now
1:28:16
contiguous means joining each other right non contiguous
1:28:23
they don't touch each other right you know the state of California is
1:28:29
noncontiguous to Texas it is also noncontiguous to
1:28:37
Canada but then again Puerto
1:28:42
Rico is non-contiguous to Florida and Puerto Rico would be
1:28:47
non-contiguous to the United States thinking in the sense of the 50 states
1:28:55
right whoever shall knowingly willly bring into the United States or any
1:29:00
place subject to the jurisdiction thereof the provision of this title shall extend to all territories
1:29:06
possession oh we don't have an or there do we the provisions of this title shall
1:29:12
extend to all territories possessions and places subject to the jurisdiction
1:29:18
the United States from one state territory of the District
1:29:24
of the United States a place non-contiguous but subject to the durur 6 United States is
1:29:31
different from a state or territory is that right
1:29:40
state within or subject to the jurisdiction United States you know here
1:29:46
they're talking about for the purpose of using any facility of of an exchange oh this has something to do
1:29:53
with well instrumentalities it might be stocks conf security security
1:29:58
transactions so it looks like deal with oh registration down here so this deals with stocks Securities National
1:30:04
Securities Exchange so this deals with you know stocks and bonds but it's you
1:30:10
it has a fact you know this law making something unlawful deals with something
1:30:15
happening within the United States or at a place subject to the jurisdiction of the United States
1:30:23
oh this is FCC I think uh this related to radio broadcast
1:30:30
intended are used for commercial Communications between the United States
1:30:35
or any territory or possession Continental or insular subject to the jurisdiction
1:30:42
United States now right there it seems like to me subject to the jurisdiction of the United States has a direct
1:30:47
connection to a territorial possession am I right
1:30:53
oh here's something uh Interstate transportation of prison made products you know this they're telling
1:31:00
you where this law is going to apply and it's going to apply to a to a transaction from one state territory
1:31:06
Puerto Rico the Virgin Island of the District of the United States or a place non- contiguous speciic to the
1:31:12
jurisdiction of the United States same thing
1:31:18
listen bring into the United States or any place subject to the jurisdiction thereof this de with counterfeit this is
1:31:26
1936 here's 1938 all territories possessions and places subject to the
1:31:32
jurisdiction of the United States whether contiguous there too or Not by any person within the United
1:31:38
States or place or any place subject to the jurisdiction thereof from the United States or any
1:31:44
territory subject to the jurisdiction thereof or celebrating into the United
1:31:51
States or any place subject to the Juris well hey now after you have seen a whole
1:31:57
bunch of examples what conclusion do you
1:32:03
draw about let's say the United States is defined is the 50
1:32:10
states is that wasn't defined huh that wasn't defined in all these it just
1:32:15
refers to the UN well you let's presume that let's let's
1:32:21
presume in our example if that's the case why would they have to add to jurisdiction thereof you showed us all
1:32:27
examples of where they established jurisdiction under law those States had
1:32:33
to seed that to the United States that's true to allow them to have jurisdiction but but the what I'm presenting here is
1:32:39
what is the meaning of subject to the jurisdiction United States now let's
1:32:45
presume that for this this has something to do with ch step children and children through adoption you know oh this gold
1:32:52
star label so this happens to be something during World War II but let's presume for purposes of this law that
1:32:58
the United States is the 50 states where is a place subject to the jurisdiction
1:33:05
thereof maybe foreign embassies that's okay well our our
1:33:13
embassies in a foreign country more precise okay here is something dealing with narcotic drugs this is 1955 drugs
1:33:20
and marijuana oh this is getting some witnesses the attendance of Witnesses in the production of Records may be
1:33:26
required from any place in any state or in any territory or other place subject
1:33:35
to the jurisdiction of the United States now in definitions let's let's say you you probably seen in statutes let's give
1:33:41
a for comparison purposes let's say that a law Congress relates to animals and it
1:33:48
defines animals animals means in this act a dog cat horse and a
1:33:53
cow now is a dog the same even though they're encompassed within animals is a
1:34:00
dog the same thing as a cat is a cat same thing as a horse is a horse same
1:34:05
thing as a cow they're all different they're not the same now with that in mind look at
1:34:12
this from any place in any state well if state was a place subject
1:34:18
to the jury of United States why why would you even put in the state is State
1:34:23
different from a place subject to the jurisdiction United States what's your view yes the state has jurisdiction over
1:34:29
it over its lands unless it seeds it to the United States I but my question is
1:34:36
is a state different from a place subject to the jurisdiction the United States look at that it may be
1:34:46
okay whoever brings in the United States or any place subject to the jurisdiction looks like to me
1:34:52
that using rules of English grammar and looking at sentences like this that
1:34:58
disjunctive there or separates the United States from any place subject to the
1:35:07
jurisdiction whoever within the United States or any place subject to the jurisdiction
1:35:12
thereof now you can go through uh I have a wide collection I've gone through
1:35:18
every every state they get on a search engine look to a state code pull up
1:35:26
phrases so here are just three phrases that I pulled up in Alabama which happens to be you find the phrase
1:35:32
subject to the jurisdiction United States quite often in in in these definitions of state but here's just
1:35:38
three examples in Alabama state law where the the phrase subject to the
1:35:44
jurisdiction United States comes up and in all three examples it happens to appear in the definition of state and
1:35:51
and so looking at the first definition of state state means a state of the United States the District of Columbia
1:35:58
Puerto Rico United States Virgin Islands or any territory or insulin
1:36:07
possession subject to the jurisdiction of the United States now to me the OB
1:36:13
here you know or the the the objects of this
1:36:18
little sentence here is a state another object is the District of Columbia another object is Puerto Rico another
1:36:24
object is United States Virgin Island and another object is territory or insor possessions and subject to the
1:36:32
jurisdiction United States modifies and defines what territory insult possession
1:36:37
you all agree there go back three three uh
1:36:45
slides right there yeah attendance Witnesses the production
1:36:51
of Records may be required from any place in any state or in any territory
1:36:57
does doesn't that mean something different from what those other ones are saying well no this you know you have to
1:37:03
we're not dealing with you know the we're dealing with trying to understand
1:37:08
what a phrase means phrases appear in a wide variety of laws this one happens to
1:37:14
be you know obviously you see down here witness fees you know this has something to do with you know issuing subpoenas to
1:37:20
Witnesses you know and and paying them fees and you know while we don't have
1:37:25
this is in reference to narcotics drugs and marijuana cases apparently and subpoenaing Witnesses for those but you
1:37:32
know the attendance of witnesses and the production of Records may be required from any place in any state or in the
1:37:39
territory or place subject to the jurisdiction United States at any place
1:37:44
designated designated place of hearing so it just deals with you know subpoenaing Witnesses but we're trying
1:37:51
to determine the meaning of subject to the jurisdiction of United States where this phrase appears that as it's
1:37:58
outlined in yellow you know we're just limiting our inquiry we could get into this full scope of all these laws where
1:38:05
the phrase appears but we're trying to determine the meaning of the phrase from the various laws where it does appear
1:38:12
follow me but you know the point I want to make is it's after lunch time yeah the point
1:38:20
I want to make is is looks like to me a state is a place different from a
1:38:29
place subject to the jurisdiction United States with that now we're going to go to lunch am I correct Richard right now
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