A STATUTORY STUDY OF JURISDICTION Truth Attack

Most words used in statutes are undefined, and often to determine the meaning of a particular word requires resorting to that words context, which can provide its meaning. The word jurisdiction has multiple meanings, such as referring to the statutory jurisdiction of a court or government agency. But this study examines the meaning of jurisdiction in a geographical sense: from a Congression al viewpoint, what does Congress mean when it refers to the jurisdiction of a State in this American Union, and what does it mean when it refers to the jurisdiction of the United States? What geographical areas are within State jurisdiction, and what is within that of the United States? Are geographical areas within a State subject to the jurisdiction of the United States?

Art. 1, 8, cl. 17 of the U.S. Constitution governs the manner by which the United States acquires jurisdiction over Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings in the several States. If you are not familiar with this provision of the Constitution, please study this brief. Some of the relevant cases regarding this issue are collected on these pages: Supreme Court Federal Appellate Courts State Appellate Courts

You are also invited to study this 1957 report regarding jurisdiction, authored by the federal government. In the past when Congress accepted the grant of exclusive jurisdiction over a tract of land from a State of this Union, for instance when a lighthouse was going to be constructed, Congress would enact laws specifying that the State where the lighthouse was located had to transfer exclusive jurisdiction over that real property to the United States. Such Congressional acts appear to acknowledge that before the transfer of such land, the State, in fact and as a matter of law, had exclusive jurisdiction of that land and the United States had none. On February 27, 1801, Congress enacted the law creating Washington, D.C., and that act created two counties, Washington County on the Maryland side, and Alexandria County on the Virginia side. See 2 Stat. 103. Later on July 9, 1846, it was decided to abandon the lands in northern Virginia west of the Potomac, including the city of Alexandria. See below 9 Stat. 36. Please note the language used in this act highlighted in yellow. Is such language significant regarding the jurisdiction that the United States has within the States of this Union? The chart below collects pages from various Congressional acts published in the U.S. Statutes at Large where the word jurisdiction appears. Are these examples of federal laws indicative of the jurisdiction that the United States has within a State? 1 Stat. 108 4 Stat. 245 5 Stat. 49 10 Stat. 118 12 Stat. 539 17 Stat. 387 21 Stat. 65 22 Stat. 62 22 Stat. 96 22 Stat. 154 23 Stat. 304 23 Stat. 338 24 Stat. 10 1 Stat. 452 4 Stat. 365 5 Stat. 468 10 Stat. 344 16 Stat. 188 17 Stat. 514 21 Stat. 66 22 Stat. 88 22 Stat. 97 22 Stat. 161 23 Stat. 320 23 Stat. 346 24 Stat. 158 1 Stat. 607 4 Stat. 709 9 Stat. 36 10 Stat. 602 16 Stat. 399 19 Stat. 270 21 Stat. 142 22 Stat. 93 22 Stat. 101 22 Stat. 177 23 Stat. 331 23 Stat. 347 24 Stat. 161 2 Stat. 349 4 Stat. 710 9 Stat. 1000 11 Stat. 226 17 Stat. 39 20 Stat. 39 22 Stat. 43 22 Stat. 95 22 Stat. 153 22 Stat. 217 23 Stat. 336 23 Stat. 348 24 Stat. 360

24 Stat. 393 29 Stat. 878 76 Stat. 438 77 Stat. 56 79 Stat. 582 81 Stat. 339 84 Stat. 1226 90 Stat. 236 92 Stat. 1064 98 Stat. 3409 104 Stat. 465

24 Stat. 394 72 Stat. 979 76 Stat. 545 78 Stat. 336 80 Stat. 202 82 Stat. 177 86 Stat. 1154 90 Stat. 1939 92 Stat. 1999 102 Stat. 3834 113 Stat. 1292 119 Stat. 2161

24 Stat. 468 75 Stat. 398 76 Stat. 1129 78 Stat. 611 80 Stat. 874 83 Stat. 100 87 Stat. 77 90 Stat. 1942 93 Stat. 60 102 Stat. 3966 116 Stat. 1139 119 Stat. 2935

24 Stat. 646 76 Stat. 436 77 Stat. 19 78 Stat. 619 80 Stat. 1180 83 Stat. 446 87 Stat. 195 90 Stat. 2741 96 Stat. 1378 103 Stat. 1849 116 Stat. 1155

Is "within the United States" the same as "subject to the jurisdiction of the United States"? Here is an opinion of a U.S. Attorney General. Examine these pages: 35 Stat. 1089 35 Stat. 1137 49 Stat. 877
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35 Stat. 1119 48 Stat. 19 52 Stat. 4

35 Stat. 1135 48 Stat. 885 54 Stat. 231

35 Stat. 1136 49 Stat. 494 54 Stat. 1134

RIGHTFUL SUBJECTS OF LEGISLATION

A phrase used by Congress in the past was "rightful subjects of legislation," or, alternatively, lawful subjects of legislation. The opposite of this phrase is "wrongful subjects of legislation," or, alternatively, unlawful subjects of legislation. This is a particularly useful phrase and should become a common one among legal scholars and freedom lovers. On March 26, 1804, Congress created the Territory of Orleans from lands acquired via the Louisiana Purchase. See 2 Stat. 283. The legislative council created for that territory was granted power to enact laws applicable to rightful subjects of legislation. See 2 Stat. 284. On March 30, 1822, Congress created the Territory of Florida. See 3 Stat. 654. The Florida legislative councils power extended to "rightful subjects of legislation." See 3 Stat. 655. See amendment at 3 Stat. 750, 3 Stat. 751. On April 20, 1836, the Territory of Wisconsin was created. See 5 Stat. 10. The power to enact laws for that territory extended to rightful subjects of legislation. See 5 Stat. 12. The following table indicates various acts of Congress that have used this phrase, "rightful subjects of legislation." Links are provided to old volumes of the U.S. Statutes at Large published on the Net, as well as to specific pages from the indicated act where this phrase appears: Territory of Iowa 5 Stat. 235 5 Stat. 237 Territory of Oregon

9 Stat. 323 9 Stat. 325 Territory of Minnesota 9 Stat. 403 9 Stat. 405 Territory of New Mexico 9 Stat. 446 9 Stat. 449 Territory of Utah 9 Stat. 453 9 Stat. 454 Territories of Nebraska and Kansas 10 Stat. 277 10 Stat. 279 10 Stat. 285 Territory of Colorado 12 Stat. 172 12 Stat. 174 Territory of Nevada 12 Stat. 209 12 Stat. 211 Territory of Dakota 12 Stat. 239 12 Stat. 241 Territory of Idaho 12 Stat. 808 12 Stat. 810 Territory of Montana 13 Stat. 85 13 Stat. 88 Territory of Wyoming

15 Stat. 178 15 Stat. 180 District of Columbia 16 Stat. 419 16 Stat. 423 Amendment, Territory of Montana 17 Stat. 390 Territory of Oklahoma 26 Stat. 84 Territory of Hawaii 31 Stat. 150 Territory of Alaska 37 Stat. 514

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"NATIONALS"
In Piqua Bank v. Knoup, 6 Ohio St. 342, 393 (Ohio 1856), that court defined a national government and contrasted it with a federal government: A national government is a government of the people of a single state or nation, united as a community by what is termed the social compact, and possessing complete and perfect supremacy over persons and things, so far as they can be made the l awful objects of civil government. A federal government is distinguished from a national government by its being the government of a community of independent and sovereign states, united by compact. Blacks Law Dictionary quotes this case in its definition of national government. The Government of the United States is a federal government. But while many may understand this difference between national and federal government, even fewer understand, in reference to human beings, who is a national of the United States. This s hort memo constitutes an introduction to this topic. In the late 1800s, the United States was beginning to assert power over islands not contiguous to this country. Then, Hawaii was conquered and made a territory. With time, the same thing happened with the Virgin Islands, the Phillippines, Puerto Rico, Swain's Island, Guam, the Northern Marianas, and similar places. Congress began referring to citizens of those islands as persons owing a duty of allegiance to the United States or obedience to its laws; see 28 Stat. 64,32 Stat. 694. Eventually in the first few decades of the 20th century, a name for these people was developed: a national. Examples of this name for these persons can be easily seen from a variety of pages appearing in the U.S. Statutes at Large: 28 Stat. 53 38 Stat. 818 48 Stat. 456 87 Stat. 397 89 Stat. 543 36 Stat. 328 42 Stat. 106 54 Stat. 4 87 Stat. 635 90 Stat. 269 37 Stat. 499 47 Stat. 142 57 Stat. 308 88 Stat. 1444 90 Stat. 1268 38 Stat. 692 48 Stat. 454 58 Stat. 101 88 Stat. 2064 91 Stat. 1212

91 Stat. 1214 97 Stat. 661 116 Stat. 2874

92 Stat. 72 98 Stat. 2302 117 Stat. 2801 121 Stat. 1743

92 Stat. 1949 99 Stat. 624 117 Stat. 2802 123 Stat. 53

96 Stat. 2483 100 Stat. 1480 120 Stat. 80

Inherently, national means a citizen of the insular possessions. One definition of this word appears in 24 C.F.R. 5.504, which states: National means a person who owes permanent allegiance to the United States, for example, as a result of birth in a United St ates territory or possession. In 871-24.60 (96) of the Iowa Administrative Code, A national is defined as a person who lives in mandates or trust territories administered by the United States and owes permanent allegiance to the United States. An alien is a person owing allegiance to another country or government. In Washington Administrative Code 388 -424-0001, this word is defined as a person who owes permanent allegiance to the U.S. and may enter and work in the U.S. without restriction. The following are the only persons classified as U.S. nationals: (1) Persons born in American Samoa or Swain's Island after December 24, 1952; and (2) Residents of the Northern Mariana Islands who did not elect to become U.S. citizens. Often, Congress uses in legislation the phrase citizen or national of the United States. When this word appears in this context without definition, it means a citizen of the insular possessions. But just as often when a federal law encompasses a citizen or national, that act may provide a specific definition. Such act may define a U.S. Person, or Citizen, as being a citizen or national, and in this event, the defined word encompasses a citizen or national. It is important for students of the law to "data-mine" the U.S. Statutes at Large, which are postedhere. Please download all of these word searchable volumes and start studying.