The Constitution and a possible answer to why Constitutional rights are being eroded.

Jones

Ambassador
Ambassador
FOTCM Member
I've been following discussions on the 'Constitution of the Commonwealth of Australia 1901 UK PGA' for some time. I've found it curious that while the average US citizen seems to be aware of their Constitutional rights and it's common to hear this or that amendment being spoken about, here in Australia they stopped teaching it in schools - some are saying in the 1960's, others in the 1970's. In any case, I don't remember being taught about our Constitution. In either case, where the average Joe is trying to defend their Constitutional rights, the outcomes are variable - sometimes success and sometimes failure. So some of the groups that I've been following seem to be just spinning their wheels and not really getting anywhere.

A few months back I found another group that is being run by a lady who was in a position where local council was trying to force her and her husband bankrupt and take the farm that they'd been working on for over 40 years based on new acts that meant that they could lose the right to crop a field if that field was left to go fallow - otherwise considered a good farming practice. The outcome was, they lost their farm - it was sold for $600,000 under bankruptcy administration to recoup legals and other costs of $140,000. The actual fair value of the farm based on sales of local farms was closer to $1.2million. They refused to sign the bankruptcy paperwork and were threatened with jail. She believe it was basically theft and fraud - so she hit the books.

The information she has gathered and posted so far is complicated and I'm still trying to understand it all.

The story that she uncovered starts with the period of time that Abraham Lincoln was President. During that time, the US went into bankruptcy. There is a system where administrators step in to a company that has gone bankrupt, but what happens if a country goes bankrupt? It seems that there is a system of administering a country too. In 1863, Abraham Lincoln issued General Order 100 - which implemented the Lieber Code. Avalon Project - General Orders No. 100 : The Lieber Code The Lieber Code was also relied on for The Hague Convention of 1899 and 1907- http://www.loc.gov/law/help/us-treaties/bevans/m-ust000001-0631.pdf. The two linked articles lay out how peaceful citizens and belligerents are to be treated under military occupation. They also lay out how the countries assets, including the assets of the citizens are to be treated and how civil laws can be implemented to protect assets (including the people) and either keep or restore peace.

All assets also have to be registered, in the same way that they do when a company goes bankrupt.

So, where some Constitutional commentators and activists seem to get the rug pulled out from under them is based in a few errors.

1. The first is that not all courts can adjudicate Constitutional matters - where judges in magistrates or local courts have basically said that the Constitution is invalid are right because it is in that particular court. Here in Australia, only the High and Supreme courts can rule on Constitutional matters. Magistrates courts can only act as administrators to deal with belligerents and keep the peace.

2. Next, they get tied up with the idea of dealing with government departments being corporations, companies etc. and don't realise that they are dealing with an Administrative system and dealing with Administrative Law. Government depts in a bankrupt country are incorporated because they have to registered as an asset of that country and they are listed on US Securities.

3. If they question the Administrators and their agents, or fail to follow their directives they can be deemed to be belligerent and that Administrative system can come down on them like a tonne of bricks. The Hague Convention on land warfare

4. In not understanding all of the above, average people don't realise that what they think is theirs, isn't. For example, if you are using ID - that ID is issued by the administrative government and relying on that ID is seen as agreeing to contract with that adminstrative government - so even questioning them or trying to stand up for constitutional rights while using that ID is seen as an act of belligerence! Any possession that has any kind of government registration is used under the principle of 'usufruct' - which basically means 'user of the fruits'. The principle of usufruct is addressed in the Lieber Code at point 38:
Private property, unless forfeited by crimes or by offenses of the owner, can be seized only by way of military necessity, for the support or other benefit of the army or of the United States.

If the owner has not fled, the commanding officer will cause receipts to be given, which may serve the spoliated owner to obtain indemnity.

The administrative government is using the assets of a country under the principle of 'usufruct' and we are using any ID they issue us under the principles of 'usufruct'. - Drivers licences, licences to practice in a career, Social Security Numbers, car registrations, property titles etc.

Zip Codes and Post Codes are basically military codes used to identify

The above demonstrates why an Administrative Government can write statutes and acts that basically mean that the people end up having to pay for more and more while incomes are not rising in line with increasing costs. How they can implement unpopular changes for the management and protection of assets (including the people - because the only thing of any real value in commerce is labour, without it, there's no product or service) and to keep the peace


There seems to be no black and white evidence that Australia went bankrupt, even though Australia agreed to pay just over 4% of UK costs generated by WW1. However something else did happen - The Great White Fleet. Popular propaganda about this at the time is basically reflected in this wiki entry: Great White Fleet - Wikipedia

The Great White Fleet was the popular nickname for the powerful United States Navy battle fleet that completed a journey around the globe from 16 December 1907, to 22 February 1909, by order of United States President Theodore Roosevelt. Its mission was to make friendly courtesy visits to numerous countries, while displaying new U.S. naval power to the world.

There's something suss about a fleet of 16 warships and over 15,000 sailors just cruising around and making 'friendly courtesy visits' particularly if that fleet is sent out by a country that has entered bankruptcy adiministration!

An indication of what was really going on is discussed here: The Great White Fleet’s 1908 visit to Australia | Royal Australian Navy

In short, the UK had defeated the Russian Navy and headed back to the North Sea. There was some concern that Russia would join up with Japan. Naval history notes on the Great White Fleet reveal that the US wanted to take the ports of Sydney, Melbourne and Auckland, NZ, and the Naval history notes reveal the US notes on those ports, including defence capabilities or lack there of.

The Lieber Code states that a military invasion doesn't have to be announced to the general population!

From Article 1 of the Lieber Code:
A place, district, or country occupied by an enemy stands, in consequence of the occupation, under the Martial Law of the invading or occupying army, whether any proclamation declaring Martial Law, or any public warning to the inhabitants, has been issued or not. Martial Law is the immediate and direct effect and consequence of occupation or conquest.

The presence of a hostile army proclaims its Martial Law.

For more clarity the Lieber Code and The Hague Convention on Land Warfare can be searched for the terms: peaceful, peace, belligerent and usufruct.

Here are the links again -
Lieber Code - Avalon Project - General Orders No. 100 : The Lieber Code
Hague Convention on Land Warfare - http://www.loc.gov/law/help/us-treaties/bevans/m-ust000001-0631.pdf.

So the upshot is - The original Constitutions of both countries still exist and can be relied on under certain circumstances. After all, it was section 44 of the Constitution of the Commonwealth of Australia that was relied on to get rid of some Australian politicians who had dual citizenship recently. I still haven't figured out how that fits in with the administrative govt, but it seems to rely on what jurisdiction the courts that the matters are heard in have. Also, relying on the constitution won't work if you are seen as a belligerent - i.e. using the administrative governments licences, registrations, ID's etc, but also claiming constitutional rights is apparently being belligerent because it is against the principles of usufruct.

There's more to the story for Australia as well - for example, apparently military occupation can only last for 70 years - I can't remember where I read that at the moment, but the time frame between the visit of the Great White Fleet and Gough Whitlam being Prime Minister in the 70's is significant, and some of the actions he took can now be seen in a different light and basically served to protect the status quo. Some of the changes during that 70 odd years can be tracked through changes in Flags, Coats of Arms, Ensigns and Great Seals and an interesting point was made that when Obama visited Australia in 2011, his official vehicle flew flags that had gold trim - that's apparently reserved for Military Commanders in Chief.
 
Here's a definition of usufruct:
Usufruct, in Roman-based legal systems, the temporary right to the use and enjoyment of the property of another, without changing the character of the property. This legal concept developed in Roman law and found significant application in the determination of the property interests between a slave held under a usus fructus (Latin: “use and enjoyment”) bond and a temporary master. Any property acquired by a slave as a result of his labour legally belonged to that master.

Modern civil-law systems recognize two types of usufructs. The perfect usufruct includes only those things that a usufructuary (one who holds property under right of usufruct) can use without changing their substance, such as land, buildings, or movable objects; the substance of the property, however, may be altered naturally over time and by the elements. The quasi-, or imperfect, usufruct includes property that is consumable or expendable, such as money, agricultural products, and the like, which would be of no advantage to the usufructuary if he could not consume them, expend them, or change their substance.

The term usufruct never found its way into the English common law, although certain general similarities can be found in the common-law concept of estate.
Usufruct | law
 
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