Consent of the Conquered

CONSENT OF THE CONQUERED

Constitution v Common Law

Published by Humble O’Pinion at Smashwords.com

Copyright 2015 Humble O’Pinion

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Smashwords Edition, License Notes.

This ebook is licensed for your personal enjoyment only. This ebook may not be resold or given away. This ebook is reasonably priced at Smashwords.com Thank you.

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Preface. The following report contains the history of law in the United States of America, from 1789 to 1889. The Report exposes a criminal conspiracy to dominate an entire culture by the use of fake law. The Report does not name the conspirators individually, but their crime is laid out with details, for your consideration and amusement.

The laws and histories here can apply to any state, as uniformity is a standard of state and federal law. I focused on Montana to conclude the Report, because my library is loaded with Montana law. Montana is one of the last areas to give up its common law, and it is my home.

In 1889 the people of Montana consented to private statute laws, the very same laws they thought they had escaped 100 years earlier.

Buckle in for an exciting read- unless you have something else to do.

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Table of Contents

Chapter 1. Who Says the Law?

Chapter 2. True Plot Exposed

Chapter 3. The Civil War: Law of Force and Equity

Chapter 4. Creation of Montana, on paper

Chapter 5. Montana Constitution of 1889

Chapter 1.Who Says the Law?

The History of the Constitution verses the Common Law

The entire history of law can be summed up in one sentence:

The guy with the biggest gun says the law.

We can call this type of law Boom-boom law. If you don’t agree, its Boom-boom and bye-bye! If you can hide from this man and his Boom-boom, his law does not affect you. Boom-boom is the oldest law known to mankind.

But what if you found other people who did not follow Boom-boom, living in their own small community out there in the wilderness?

What law is the community under?

The answer is the common law.

Common law is the law that people in a certain area have in common.

The common law has developed into a few basic ideas: you are free to do as you please as long as you do not infringe upon the rights or property of others; you have the full right to own property and to pursue happiness; you have the full right to self-government and to hold those in that government accountable; you have the right to your own court made up of stakeholders of your county, those with ‘skin in the game’.

The common law court consists of a county grand jury and a county trial jury for serious crimes committed within the county. The county trial jury can also hear minor disputes between consenting parties. Both juries decide law, fact and procedure, and the trial jury can also decide upon the punishment.

The seven lines of the last paragraph are the bulk of the common law in America. There is more, but not much more. That will be for each individual community to decide. The common law may vary from place to place in the details, but is unlikely that the variations would stray far from the Bulk of the Law in the Seven Lines, or the Golden Rule.

Certainly the city of Las Vegas would have a different common law than that of Salt Lake City, if both had common law. One city might say gambling is acceptable and the other not. Both are correct, if they are in true common law, and no court could overturn their law.

But neither city has true county common law nowadays. Both had common law at one time, and both succumbed to some other form of law.

Multiple Types of Law

What law controls the United States government, in theory?

The national government of America began in 1789, with a written contract known as ‘the Constitution’, followed up by the details written in the statute books known as ‘the laws of the US’.

The national government was set up as a forum for the several ‘sovereign’ states to redress grievances that could not be handled fairly by a single state. At least that is the theory.

The basic rules for this national government are framed in the Constitution. The judicial rules are found in Article III (in part):

Article. III.

Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to

all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies