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allodial
05-03-15, 08:40 PM
Law of the Land - a phrase used in the Magna Carta to refer to the then established law of the kingdom (as distinct from Roman or civil law); today it refers to fundamental principles of justice commensurate with due process

[If "civil law" is read as "admiralty" it might prove to be more insightful.]


Most all people have a preconceived idea that the words Law of the Land, means the Constitution, some think it means Treaties because of what the US Supreme Court had stated about treaties being supreme. Still others think it means the Declaration of Independence.

These are all myths perpetrated by Government for so long that even patriot people believe this to be. I don't believe that anyone has really read, in the law dictionaries, the real definition of "Law of the Land". I have not seen one author bring this up as long as I have been in the battle with government. I had put some of this material on email about 10 months ago and got no response.

I start with Ballentine's Law Dictionary 3rd Ed. 1969. Page 714 and only the pertinent part to keep this short as you can read the rest.

"law of the land. The term in a constitutional provision that `no person ought to be taken, imprisoned, or divested of his freehold, liberty or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty, or property but by the law of the land," is synonymous with due process of law. (Source/more (https://www.1215.org/lawnotes/work-in-progress/lawoftheland.htm))

Related:
The Myth of the Term 'Law of the Land'" (https://www.1215.org/lawnotes/work-in-progress/lawoftheland.htm)
Treaties vs. the Constitution (local link) (http://savingtosuitorsclub.net/showthread.php?1384-Treaties-vs-the-Constitution)

(more links to come soon)

allodial
05-04-15, 06:38 PM
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. --Article VI, Section II of the Constitution of the United States.

Notice that the term "supreme Law of the Land" (the case is what appears on the U.S. Government websites and in the original constitution AFAIK) is utilized rather than law of the "lands".

Re: the "Land" (not "the Lands")
The "land" is a singularity and could only refer to the territorial jurisdiction of the United States rather than the states of America. Furthermore, treaties cannot trump the Constitution because they must be made "under the laws of the United States". Much evidence points to the fact that the Districts or Territories of the United States are "the land" rather than the organic states of America. It seems moreso that the Constitution of the United States was for formation of democratic government of territories ceded to the United States by the States or which were acquired through warfare and remain territories or possessions.

It is possible for a treaty to be binding only upon the territories of United States and to be sold as if it were ratified or signed as if the United States entered into it as a "high contracting party". (Sedition by syntax (http://www.supremelaw.org/authors/schwan/sedition.htm).)

Re: "supreme Law of the Land"
In the territorial United States the basis of due process is stated at Article VI, Section 2 of the Constitution of the United States. States created by the United States are wholly different from states which the United States did not create.


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