Posts Tagged ‘Gay Marriage’

English colonists brought the English common law with them, when they came to America.  The common law remained the law after July 4, 1776 and even after the 1783 Treaty of Paris recognized the thirteen states as free and independent of Great Britain, the English common law was still the law of the people.

Only in Louisiana is the law not the common law.   Readers new to my research and writing are wondering about all the written law they know to exist.  What is the place of written law?  In America, all written law is law for government.  The President of the United States really does run the country, if you want to believe that.  The truth is the President’s country is defined in the written law and you are not in it.  

The New Year’s resolutions you wrote down and promised to follow are laws for government.  They are self-imposed rules, but they were made to govern you.  The English common law allows you to rule yourself, provided you know the law that rules the king.  The English King, according to the Declaration of Independence violated his rules. 

The purpose of the English common law is to, also, govern behavior by making rules that are enforced by the people themselves sitting in grand and petit juries.  Questions of a common law marriage have to be determined by common law jurors, when the married partners can’t resolve them without resort to legal process.

Traditionally, the sheriff facilitated the operation of the common law by assembling the jurors for a common law trial.  Today, sheriffs operate the county jail and perform written law enforcement.   The people are not taught the law or its history, so they are doomed to repeat all the mistakes.  I am trying to teach them so they can qualify as common law jurors. 

Shortly, after the people defeated the British and removed the King of England from power here, government began to encroach on the rights of the people just as had been described in the Declaration of Independence. 

George Washington led the forces that began the destruction of the common law with the substitution of written government law.  That process is a frequent topic here, so it will not be discussed in detail.  The so-called Founding Fathers created a law making system and law enforcement system called the United States Government that begins to systematically create written law system for the people of the United States as soon as nine States ratify the Constitution.

George Washington was trusted and thought to be honest by most people, so he was able to publically take an oath that would require him to “preserve, protect and defend” the property of the government without regard to the “unalienable Rights” of the people.  The oath taken by the President of the United States is the model for the United States Government, as well as, all the other oaths in States and local governments.

Because every President of the United States of America has appointed himself to be President of the United States, every President performs the only oath he has taken as if he is an occupying military commanding officer.  As a military occupation is incompatible with the English common law, the common law has been ignored, as written government law has been extended beyond government property.          

Codes written by State governments have sought to replace the common law for the people within the state.  State Constitutions are subordinated to “this Constitution” by the language in Article VI:  “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all the Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

“This Constitution” and the State constitutions which are established pursuant to Article VI are the exclusive sources of authority for all the law written for government.  Close examination of all State constitutions will reveal that they only apply to government, to government property and on government land.   

The gay marriage controversey makes the licensing of the right to marry the perfect example of the difference between written government law and the English common law.  Obtaining a license to marry under written law requires the marriage licensing clerk to qualify the applicants and procure from them the tax or license fee.  The application for the State issued marriage license will require the applicants to make themselves subject to State law.

Common law marriage does not involve written government law and is not recognized by the Government of the United States and most State governments.  Common law marriage is not subject to licensing, recordation or registration.

Civil marriage is a relationship subject to direct government regulation by taxation, licensing and registration, because government is an acknowledged party to every civil marriage.  Marriage is the coupling or joining into one.  The forces of attraction cannot be overcome, but after the honeymoon is over where will the couple live?

The State of California is government and government land in California.  California is the place where the people really do try to get along.

Dr. Eduardo M. Rivera


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In cities all over the country, there have been demonstrations against the vote in California against gay marriage.  Judges of the State of California had decided that limiting gay couples to civil unions was unconstitutional, so they decided that county clerks had to sell marriage licences to same sex couples.  On November 4th the voters of the State of California decided against the judges and the written law, the State Constitution.

Under the English common law, heterosexual couples who cohabit and who intend to be married are married, if they live together long enough as husband and wife.  The common law is the law in California, but not in the State of California.   

In nature and in the world of human diversity there must always be at least two of everything.  In nature, limits arise without human intervention, while human diversity seems to know no bounds.  Gay marriage has the potential to focus attention on another human activity fraught with error the creation of written law.  

There are two Californias.  One is bounded by the Pacific Ocean on the west and on all other sides by states of the United States of America, a Confederacy formed by the Articles of Confederation.  The other California is the State of California formed by the ratification of this Constitution. 

“This Constitution” refers to the written Constitution, which was ratified by the States, but not “Adopted,” by the President or Congress of the United States of America.  The Constitution of the United States is not a piece of paper.  The United States is often a generic name given to all the property owned by the Confederacy known as the United States of America.  The property that is the “United States” gives Congress and the President of the United States an excuse for making laws that can be applied outside of the property that belongs to the government.

What does the Constitution of the United States have to do with gay marriage?  It can have nothing to do with it because the original Constitution of the United States found in the oath of Office of the President of the United States is mostly land vacant land.  Property ownership gives Congress and the President of the United States authority to make laws for that property.  Property ownership gives limited authority to make law respecting marriage, so Title 1 Section 7 of the United States Code can only define the word “marriage” as a relationship between one man and one woman.  Congress is without power to create relationships between man and a woman, so it can only define what already exists in the English common law. 

All written laws are formulated with respect to persons, which are entities without gender, who subject themselves to the jurisdiction of government and who may also be citizens.  Written laws are always limited to a territory.  Title 1 Section 2 of the United States Code defines United States territory as the United States located within a county of a State or Territory.  

The Constitution of the United States with respect to the 50 States determines what those States may do within the territory and property belonging to the United States of America.  The Congress has defined what marriage is in the territory subject to the administration of the President of the United States.  Both the judges and the voters of the State of California were wrong.  The territorial State of California is ruled by Congress and Congress says no gay marriage.

 Dr. Eduardo M. Rivera

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