Requirement for Consent

An example of such “dead laws” are the campaign finance reforms passed during the early 2000’s by Congress. They are 1 not enforced. Does that surprise you? There is one important exception to these general rules for positive law, and that 2 exception is that any act of Congress that affects only federal employees in the Executive branch acting only in their official 3 capacity need not be published in the Federal Register and need not have implementing regulations in order to be 4 enforceable. This exception is found in 44 U.S.C. §1505(a)(1), which we showed above. This same exception also appears 5 a second time in 5 U.S.C. §553(a)(2): 6

TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

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PART I--THE AGENCIES GENERALLY

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CHAPTER 5--ADMINISTRATIVE PROCEDURE SUBCHAPTER II--ADMINISTRATIVE PROCEDURE

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Sec. 553. Rule making

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(a) This section applies, according to the provisions thereof,

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except to the extent that there is involved--

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(1) a military or foreign affairs function of the United States;

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or

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(2) a matter relating to agency management or personnel or to

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public property, loans, grants, benefits, or contracts.

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Some say that while the Internal Revenue Code may not be “positive law”, there ARE or at least MAY BE sections within 19 it that ARE positive law. They will look at the legislative notes on a section of the code and find the Congressional Acts 20 that it references and conclude that because the Act that the section was based on was a positive law and because it was 21 passed AFTER the Internal Revenue Code was repealed in 1939, then that section and only that section is “positive law”. 22 That may very well be true. However, the government has the burden of proving in each case, usually as the moving party, 23 that the section they are citing is positive law for each case or instance where they use it. To do otherwise would be to 24 violate due process of law using false presumption and disrespect the requirement for consent in every aspect of 25 government. 26 1 U.S.C. §204 describes the applicability of statutes within the U.S. Code based on whether they are “positive law”, which 27 we will now show below. We have broken 1 U.S.C. §204(a) into two clauses, with each one numbered in the cite below. 28 Everything after the “[1]” would be clause 1 and everything after the “[2]” would be clause 2. 29

1 U.S.C. §204: Codes and Supplements as evidence of the laws of United States and District of Columbia;

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citation of Codes and Supplements

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Sec. 204. - Codes and Supplements as evidence of the laws of United States and District of Columbia; citation

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of Codes and Supplements

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In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia,

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and of each

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State, Territory, or insular possession of the United States -

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(a) United States Code. -

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[1] The matter set forth in the edition of the Code of Laws of the United States current at any time shall , together with the then current supplement, if any, establish prima facie [by presumption] the laws of the United States, general and permanent in their nature , in force on the day preceding the commencement of the

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session following the last session the legislation of which is included:

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[2] Provided, however, That whenever titles of such Code shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States, the several

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States, and the Territories and insular possessions of the United States.

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The above statute shows three jurisdictions: (1) Clause 1 shows the “United States”, which is defined as the District of 45 Columbia under 4 U.S.C. §72; (2) Clause 2 adds the States of the Union and Territories to the jurisdiction. We have 46 therefore created a table to show each of the three jurisdictions and the applicability of “positive law” and “prima facie law” 47 in each of the three cases based on the foregoing discussion. 48

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Requirement for Consent

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Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 05.003, Rev. 7-23-2013

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