(Reader: Doug Duff) System Un-masked, Part 1

Reader Post | By Doug Duff

SYSTEM UN-MASKED, Pt. 1, Penumbra Doctrine

Penumbra: An area in which something exists to a lesser or an uncertain degree. Example: “The First Amendment has a penumbra where privacy is protected from governmental intrusion.”

Black’s Law 5^th : Penumbra Doctrine. “The implied powers of the federal government predicated on the Necessary and Proper Clause of the U.S. Const., Art. I, Sec. 8 (18), permit one implied power to be engrafted on another implied power.” Kohl v. U.S., 91 U.S. 367, 23 L.Ed. 449.

This paragraph (boring, but necessary) explains where it came from: The “penumbra doctrine”, as it is known, comes from Justice William O. Douglas’s opinion for the Supreme Court in Griswold v. Connecticut (1965). Justice Douglas traced the right of privacy — which does not appear in the Constitution — from the First Amendment (and the associated rights to think and believe private thoughts), the Third Amendment which outlaws quartering soldiers in private homes and relates to a concern for privacy, the Fourth Amendment, which prohibits unreasonable searches and seizures, and the Fifth Amendment, which protects one from being forced to incriminate oneself.

He wrote in the opinion: “In NAACP v. Alabama, 357 U.S. 449, 462, we protected the `freedom to associate and privacy of one’s associations,’ noting that freedom of association was a peripheral First Amendment right … In other words, the First Amendment has a penumbra where privacy is protected from governmental intrusion … specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen.”

Please focus your attention on “Black’s Law 5^th: Penumbra Doctrine” above. This explains in explicit detail the “action/reaction” and “cause/effect” of a compounded “assumption”. Note first the “implied powers”, a major uncertainty, of the federal government “predicated” [based or established] on the Necessary and Proper Clause of the U.S. Const., Art. I, Sec.8 (18), we comprehend the first “implied powers”, plural, which may, or, may not, be factual and true, permits one “implied power”, a second uncertainty and another “may, or, may not be factual and true, upon another “implied power”, a third uncertainty, which may, or, may not be factual and true. In the study of “contract law” we find, “for contracts to be valid under the common law there must be “certainty of terms” as an essential element“. All law is commerce, is it not? All commerce is contract, is it not? Ergo, all “law” flawed with “uncertainty” is a nullity.

This statement reminds me that ANY court case may be challenged via Jurisdiction at any time, even after sentencing. Lack of jurisdiction cancels all action.

Let’s begin to untangle this web of mischief to determine the intention and outcome. Clearly the “intention” is to link the Article I Legislative Branch with the Article II Executive Branch in the most deceptive and concerted manner possible, which establishes the “outcome” of isolating the People from the Article III Judicial Branch of government. This effectively eliminates the “balance of power” of three (3) branches of government. A branch non-accessible is a branch of non-existence. [Please, prove me wrong; show me where to gain access to an Article III Court.]

In reality, every Article I Legislative “court” and “judge” is legislating law from the bench, which is a felony with, if I recall, a five-year prison sentence. ALL “courts” in practice today are part of the Legislative Branch of government, and NOT part of the Judicial Branch. Only Article III Courts are part of the Judicial Branch. There is only one Article III Court in existence today, which is in Washington, D.C. One has been established, I have been told, in Hawaii, but an Article III judge was never seated. [Prove me wrong.]

The “Penumbra Doctrine”, with application of “implied” Legislative over “implied” Executive, or vice versa, has brought into effect, and is, a “stare decisis” or bench statute by application and practice and does not apply to Article III Judicial Power or “natural born Citizens” of the respective states. Article I Legislative and Article II Executive are the implied powers, which are engrafted [engrafted means with “interlocking directorates”] at the “inferior” Federal/State forum court. A contract of corporate cause from Article I delict gives police power to agency via Article II Executive and puts the burden on the Citizen to prove he has not violated an agreement.

Article III Judicial Branch of government, which is not an “implied” power, does not include Penumbra Doctrine. So, let’s go back to the Article I Legislative and Article II Executive Branches to discover the mischief of legalized piracy and conspiracy upon the innocent People of the land.   

This is how it works: We initiate the engrafted Interlocking Directorates by agency fiat of unconscionable contract, license, and enrollments. The signing at UCC 3-104.1, which if “unconditional”, at UCC 3-104.2 gives agency police power to access your property by executing negotiable “dishonored” instruments of “promise” per UCC 3-104.3. This applies to all “persons”, such as, all commercial entities, corporations, governments, and every other “thing” that legally falls into the description of “person”, but not the Freeborn People.

All “IMPLIED POWERS” are “vested” by the Negotiable Instrument Law and enforced by the Uniform Commercial Code at 3-104 (1) Signing, and (2) Unconditional, and (3) Promise.

Negotiable Instruments of the categories of W-2 forms, Marriage Licenses, Driver License, Dog License, Social Security License (#123-45-6789), etc., etc., presumed to be voluntary, knowingly, willingly and intentionally signed by the Citizen, initiate the “implied powers” of the Article I Legislative Branch to be “engrafted” upon Article II Executive to collect the tax with “implied” police power, but offers no delict to destroy diversity of Citizenship. The dolus bogus “contract” initiating Article II Executive police power, together with Article I Legislative “statutes” as the other “implied” power creates third party instruments, “presumed” to obligate the parties, signed upon creating any such “contracts”.

These instruments fail to fully disclose their misrepresentation, omission, concealment, and are of collusion and conspiracy. The flag of Article III Admiralty is proof of third party Department of Justice Executive Branch, using Article I Legislative statute to dispense Law Merchant procedure. Third party units are voidable and both inferior powers must prove their jurisdiction to use the police power enabling clauses within their own system charter.

By signing an agreement unconditionally, you “create a power of acceptance” to the “implied power” agency that you waive your rights to Article III Judiciary and you will stand before the Mast when summoned. By lowering your state Citizenship Flag voluntarily, you have exposed your Personam to a broadside of Admiralty [the Article III side] and assented to its capture. You give agency police powers and subject yourself to “reasonable cause” and must obligate through devise. You are now a commercial “artificial person” of Article I-8-17 creation and “must” assent to the rules of Article II forum Maritime [insurance] jurisdiction.

All “agencies” need a vehicle, or “device”,to properly function. I shall use the IRS as an example of “utilizing a device”. Article I Congress has the only power to “lay and collect taxes.” The IRS violates its charter and the Separation of Powers by engrafting Article II police power at W-4 to collect the tax under devise of Maritime jurisdiction with your “Dishonor” as a “devise” of agency procedure found within the Uniform Commercial Code.

Article I and Article II Implied powers have no foundation without the un-Implied Power of Article III Judiciary and none have the power to ‘permit’ the Separation of Powers to ‘engraft’ other implied powers. We The People give that power at signature assent and thereby contract our state Sovereign “propria persona,” to “in personam” (against the “person”) State citizen at “domestic product” “action”, WHEN WE SIGN WITHOUT RESERVATION OF OUR RIGHTS. There, I just told you the key to this whole mess.

An Article I witness must verify accuracy and validity of its commercial “officer of the court” summons to the proper “persons.” Article II Executive must witness to the validity of proper instruments agency is “carrying into effect” and validate the “contracts” applicable to the proper subject and class. All I & II accusers within a commercial forum have a sworn duty as “officers of the court” to protect both Articles. Article III Judicial will not be present, as only commercial entities are subject to procedural due process “justice.” [Does the phrase, “you lie, and I’ll swear to it” have a new meaning for you?]

The Department of Justice uses Federal Code of Civil Procedure and only has de jure power over subject corporations and resident persons “within the jurisdiction of the United States” Territorial limits, “(not exceeding ten Miles square)” of the Washington “District.”

At this point, we must pay particular attention to certain facts; i.e., corporations, resident persons, and all other legal fictions are not People. People are not legal fictions. Each fiction is an agency, or Office, however, this “office” is NEVER that of the People. Each legal fiction falls into the category of “office found” within “make-believe” jurisdiction. Remember, Office of the People is only susceptible to the nonexistent Article III Judicial Branch.

The “natural man” may be referred to as a “natural person”, but is not one. He may sign as “accommodation party” for a natural person, but he is not one. Remember, a corporation is a legal fiction and nothing more than a piece of paper. All governments, and responsive “laws”, are only against other legal fictions – corporations.

Police power is presumed (“implied powers”) to apply to the “natural person” via summons, actions, and presentments which are contracts of Maritime nexus and require a “respondent” to prove innocence or “dishonor” of contractual “promise” will issue. The Citizen, “natural man”, is presumed to know what is “made liable”, meaning the “in-personam,” step aside, protect his propria persona, and allow police power to promptly “Mirandize” the commercial entity involved, but, all too often he gets in the way, becomes surety for a fiction, and receives “scourging” from police powers, including warehousing of the security (jail). A notation should be made concerning a phrase in the first sentence of this paragraph, “contracts of Maritime nexus”. Anything, even remotely connected, in the Insurance industry is under Maritime Rule, according to Rules of Admiralty.

Article I courts are ‘inferior’ to Article III because its jurisdiction may try ‘subject matter’ only. Article III is barred by your contract with Article I & II and Article III Judicial is prohibited per the Separation of Powers to interfere with either Article I or Article II issues of voluntary contracts without a declaration of entitlement to The Bill of Rights, which you may initiate Declaration of Entitlement to The Bill of Rights, establishing “standing under the law“ rather than “status under statutes“.

Article II D.O.J. lends its “implied power” Penumbra to execute procedures for collection, by various “agencies” due to some fictitious “cause”, which violates the Separation of Powers Doctrine, – which is totally acceptable if it is only exercised against other fictions and not the living man. As you’ll see in Black’s Law, “cause” and “agent/agency” have a close interlocking connection:

Black’s Law 5^th : Cause. “Something that precedes and brings about; to effect as an agent; to bring into existence; to make to induce; to compel.”

The Free born man must deny all jurisdiction of “agency” to remain In Propria Persona. We do not accept the “benefit” of agency “due process” and aver to the Bill of Rights. By not accepting another “officer of the court” as attorney, agency is estopped of procedural “due process” by adhesion, for no one has your “power of attorney” to “take leave” of your Bill of Rights. The Bill of Rights has already been decided as Law and therefore no reason to go to Court unless indicted by the People for a true “crime”.

When asked by any magistrate or administrator if the charges are clear, a “NO” will demand the “cause of action” (remember “cause” from above, Black’s 5^th). The “proof of the matter stated” is contract or lack thereof and a statement of “Without Prejudice” UCC 1-308, “I wish to remain silent” will estoppel agency and stay the matter at the administrative level.

Can an Article III Court function within an Article I framework? Or, can an Article I Court have Article III authorities? The answer may fool you. Article III Judicial Powers are ‘invested’ in the ‘Inferior’ Courts of Article II Admiralty, because “persons” rights must not be violated, per contract. Those “persons” are “subjects” and fall under subject matter jurisdiction. Those “persons” are not We The People, they are corporations and what is being decided is “contract issue”. In my opinion, this is the extent of any Article III action, anywhere in the Continental States United. It is interesting to note that an Admiralty court may function in its Article III capacity while a “Maritime” (insurance) court will function in an Article II capacity. Deceiving? You betcha.

A State Citizen who does not recognize the corporate setting of their waiver to inferior court presumptive procedure may void their signature at personam subjugation to agency ‘ab initio,” due to fraud, duress and unconscionability. The Sovereign (State) Citizen may force the court to order a “clean bill.”

States Citizen “entitlement” to Article III judicial is mostly waived by devise, fraud, duress or unconscionability. Personam (propria persona) is necessary to sever police action by revocation of signature on the voluntary obligation. The court has no choice but to dismiss or remedy in your favor, because no “satisfaction and accord” exist at unconscionable Maritime jurisdiction and you are entitled to judicial (libel in) review.

When the lawyer files papers with the court for you, you are no longer Personam (propria persona), but “in personam” because you have agreed to terms per instrument devise and the lawyer is “standing in your stead.” The state Citizen must plead in his own state Citizen person.

This is a work in progress. I will add one more piece to the puzzle before closing. Please follow carefully:

Black’s. Representation, estoppel by. It differs from estoppel by record, deed, or contract, in that it is not based on agreement of parties or finding of fact, which may not be disputed, and is not mutual, but applies to only one party. Carter v. Curlew Creamery Co., 16 Wash.2d, 476, 134 P.2d 66, 73. It is the effect of voluntary conduct of a party whereby he is absolutely precluded [made impossible] from asserting rights, which might perhaps have otherwise existed. Strand v. State. 16 Wash.2d 107, 132 P.2d 1011, 1015. [This might be a biggie. If I understand this correctly, it means that I prevent any “officer” from having any rights because he is “represented” by a higher agency.]

Your rights exist ONLY if you declare your entitlement to them as representative of your personam signature. Agency must assert their rights to the “condition” in a timely manner or lose the issue by estoppel. Representation by lawyer also binds “persons” to Maritime jurisdiction and you waive Rights.

Black’s. Representation. Any conduct capable of being turned into a statement of fact. Scandrett v. Greenhouse, 244 Wis. 108, 11 N.W.2d 510, 512.

Without prejudice and All Rights Reserved are express representations of agency estoppel.

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