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Re: Is Judicial System Part of the Crime Problem?

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  • b quinlan
     Clearfield Doctrine 14 comments Clearfield Doctrine Governments descend to the Level of a mere private corporation, and take on the characteristics of a
    Message 1 of 3 , Dec 22, 2011
       Clearfield Doctrine14 comments

      Clearfield Doctrine

      "Governments descend to the Level of a mere private corporation,
      and take on the characteristics of a mere private citizen...where
      private corporate commercial paper [Federal Reserve Notes] and
      securities [checks] is concerned. ... For purposes of suit,
      such corporations and individuals are regarded as entities
      entirely separate from government." -

      Clearfield Trust Co. v. United States 318 U.S. 363-371 (1942)
      What the Clearfield Doctrine is saying is that when private
      commercial paper is used by corporate government, then
      Government loses its sovereignty status and becomes no
      different than a mere private corporation.

      As such, government then becomes bound by the rules and
      laws that govern private corporations which means that if they
      intend to compel an individual to some specific performance
      based upon its corporate statutes or corporation rules, then
      the government, like any private corporation, must be the holder-
      in-due-course of a contract or other commercial agreement
      between it and the one upon whom demands for specific
      performance are made.

      And further, the government must be willing to enter the contract
      or commercial agreement into evidence before trying to get to
      the court to enforce its demands, called statutes.

      This case is very important because it is a 1942 case after the
      Erie RR v. Tomkins 304 U.S. 64, (1938) case in which the
      Legislatures and Judiciary changed from legislating under
      "Public Law", which was in consonance with the CONstitution,
      to legislating under "Public Policy" according to the wishes
      of the "Creditors of the US Corporation".



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