Hello again, back to talk to you about an important concept in the constitution you might not know about. The two roles congress plays.....
Most folks know that congress is the legislative body for the 50 states, over a limited and enumerated few items mentioned in the constitution.
What they don't know was that congress is ALSO the legislative body over any and all federal territories, over an UNlimited amount of items of which anything is in their power to do.
http://www.heritage.org/constitution/#!/articles/1/essays/57/enclave-clause
The constitution does not apply in these federal territories because the constitution is a contract between the STATES and federal government.
To help show you what the difference in governing between a state and a territory, i would invite you to read "why Alaska needs statehood", here is a couple of pictures of the article so you can understand it better.
With terms like "era of neglect", we can see how territories dont have the same standing, nor do the folks in federal territories.
This quote below from a court case goes into a question we all need to ask....
Since Congress legislates in the same forms, and in the same character, in virtue of powers of equal obligation, conferred in the same instrument, when exercising its exclusive powers of legislation as well as when exercising those which are limited, we must inquire whether there be anything in the nature of this exclusive legislation which necessarily confines the operation of the laws made in virtue of this power to the place with a view to which they are made.
https://www.law.cornell.edu/supremecourt/text/19/264
The question is thus....
When congress makes a law, did they make it as the body for the union states or did they make it as the body for the territories?
As we can see from Alaska's time as a territory, the laws congress can pass can be many or none, over any topic it wishes, only civil rights (bill of rights) apply.
Every state already had a bill of rights in their constitution, and even today rights in my state do not transfer to your state, we can see that in right to carry laws from state to state.
The bill of rights are civil rights state citizens/federal citizens had while in federal areas only. They could be regulated and taken away at the governments wish.
Hence this court case......
"...the first eight amendments have uniformly been held not to be protected from state action by the privilege and immunities clause [of the 14th Amendment]."
Hague v. CIO, 307 US 496, 520
They were held not to be protected because they applied to federal areas only, only after the 14th did congress and the courts incorporate these "natural rights"(really civil rights) onto the states.
Now if congress acting and passing laws for the territories and subjects living in those territories, how do they apply to us?
1. We claim to be us citizens due to a couple of misinformed beliefs.
2. the 14th amendment switched us from state citizens to federal citizens, again to our misunderstandings of the law.
3. after the civil war all the states rewrote their constitutions, swearing allegiance to the federal government, thus making them basically franchises or political subdivisions.
Is destroying someones mailbox a federal offense?
Mailboxes are considered federal property, and federal law (Title 18, United States Code, Section 1705), makes it a crime to vandalize them (or to injure, deface or destroy any mail deposited in them).
https://postalinspectors.uspis.gov/radDocs/tipvandl.htm
You agree that you are a resident in federal territory by using the two letter state code and zip code.
There is so much going on underneath what you think you know, that it boggles the mind, simply because we were not taught how to think critically or rationally.
heavy....
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