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The Hierarchy of the Law
The Application of Commercial Law :
The Private Process for the Sovereign?

source: Freedom Domain

Let's start with a little explanation of law. There is a "pecking order" of law in existence in human society.

The number one source in order of law is Natural Law. Natural Law is existence as it is, being what it is, functioning as it functions, according to the laws which make it what it is. So, Natural Law is the "given". It's the regularities that make existence able to be what it is at all.

This is why any field of human endeavor presumes that there is something there to discover. Some order. Some regularity. This is why we have science and philosophy and medicine. We all presuppose that what we are doing is discovering and learning and being able to apply something that already pre-exists.

Natural Law is simply the "given".

When Law begins to emerge in human consciousness, into human consciousness, thought, word, and deed, you have what is the most fundamental of all human law. For want of a better word or way to describe this, this most fundamental of all human law is called "economic" or Commercial Law. It has to do with human survival, with human interactions of any kind, any relationships, buying, selling or trading or relating in any way.

Next, after Commercial Law in the pecking order of derivative, being removed from Natural Law, and therefore inferior, is Common Law. Common Law emerged, basically, in England out of disputes over Allodial land boundaries (sovereign ownership of land). Common Law is the Law of the Land.

Common Law, of course, gave rise to the jury system and many, many writs and processes which governments have absorbed into their rulership schemes, and statutized and made into regulations and processes in the courts. Common Law is valid to the extent that it does not conflict with Commercial Law.

After Common Law comes Governments, and their laws and legislative regulations and so forth.

Below that, the garbage "froth", more or less, below that, is Politics.

Our problem is that we have been engaged in living our lives and relating to the IRS and other elements of government and so forth, on the basis of THEIR LEVEL. Their levels are like the third, or fourth, or fifth floors of the building, and we have not been able to get down to the ground floor where the base is, and where the reality and the power and the solidity and the pre-eminence exists.

Today it is my pleasure to tell you that this is where we can now function. This is the "end game", and this is not only the "end game". This is also "CHECK" and "MATE". THIS IS THE END OF THE GAME IT'S OVER for the public servant/agent who damaged you!

Now, the way that we can say confidently that it's over is by going back to Commercial Law and understanding what it is and what the rules are and how to use it to our advantage.

The principles and maxims and precepts of Commercial Law are eternal and unchangeable and unchanging. They are, of course, expressed in biblical language in both the Old and New Testamants. It has remained unchanged for thousands of years and it forms the underlying foundation for all law and governments in the world, the Law of Nations and everything that human civilization is built on.

This is why it is so powerful and fundamental.

When you operate at this level , by these processes, nothing that is of an inferior statute can overturn it or change it or abrogate it or meddle with it. It remains the fundamental source of authority and power and functional reality.

There are ten essential maxims or precepts in Commercial Law :

(1) The first of these, expressed in Old Testament terms in Exodus 20:15 is "Thou shalt not steal", which is, in terms of Commercial Law, "A WORK-MAN IS WORTHY OF HIS HIRE".
(2) The second maxim of Commercial Law is "Equality before the law", or more precisely, "ALL ARE EQUAL UNDER THE LAW".

What this ultimately means is that Commercial Law, being founded on unchangeable principles of both Natural and Moral Law, is binding on everyone. For someone to say that he is "above the law", above this law in particular, is quite insane. It is in fact that major human insanity in the world, since man continues to live and act and believe and form systems, organizations, governments, laws, and processes which presume to be able to supercede or abrogate Natural or Moral Law.

This is why man keeps having wars and problems of conflict, and building up civilizations which are pre-ordained to their destruction in advance : Because they are formed on a false foundation.

So the second maxim then, is, "everyone is equal under the law". In other words, Natural and Moral Law are binding on everyone, and no one can escape it.

(3) Number three is one of the most comforting things one could possibly have, and your foundation for your peace-of-mind and your security and your capacity to win and triumph (get a remedy) in this business. And that is: "IN COMMERCE TRUTH IS SOVEREIGN".

Truth is Sovereign.....and the Sovereign tells only the truth! (Your word is your bond!)

If truth were not Sovereign in Commerce (Commerce meaning, essentially, all human action and inter-relationships) there would be no basis for anything. No basis for law and order, no basis for accountability, there would be no standards, no capacity to resolve anything because there would be no basis to resolve anything. It would mean that "anything goes", "it's each man for himself" and "nothing matters". And that's worse than the law of the jungle. So, "IN COMMERCE TRUTH IS SOVEREIGN".

(4) Based on this fact is maxim four. The fourth principle of Commercial Law is : "TRUTH IS EXPRESSED IN THE FORM OF AN AFFIDAVIT". An Affidavit is your solemn expression of your truth.

In Commerce, an affidavit must be accompanied and must underlay and form the foundation and responsibility for any commercial transaction whatsoever. There can be no valid commercial transaction without someone having put his neck on the line and stated that "this is a true, correct and certain situation (or true, correct and complete).

So, when you issue an affidavit you have engaged a two edged sword; it cuts both ways. This affivavit may be a claim or bill that you send to someone, and it must say that they owe you some money or something. Someone has got to take responsibility for saying, in fact, that this is a real situation; this is WHY it's a real situation.

In Commerce, if someone sends you a bill or an assessment or something of this sort they have tabulated the goods or services that they have provided for you with the amounts of each in a bookkeeping ledger. They total it at the bottom, and this is the total amount you owe. This is called a "True Bill in Commerce". Unless there is a Commercial Affidavit, thta is proper commercial paperwork, with somebody taking responsibility, there is no valid commercial transaction.

When you issue an affidavit in commerce you get the power of the affidavit. You also incur the liability, because this has to be a real situation because other people might be adversely affected by it. They may depend on it and go out and start factories and borrow money. They may think that they have a "bill" and have to send money.

Somebody is now gaining as a result of the Affidavit.

Things have changed, by your affidavit, in ways which are going to affect other people. This means that whoever issues an affidavit in commerce, has a liability for it's veracity; and if what you say in your affidavit, is, in fact, not true, then those who are adversely affected can come back at you with recourse that is justifiable because you LIED. You have told a lie as if it were the truth. People have depended on it and then they have lost because of your lie.

(5) The fifth maxim in Commercial Law is "AN UNREBUTTED AFFIDAVIT STANDS AS THE TRUTH IN COMMERCE". Claims are made. If they go unchallenged, they emerge as the truth in the matter.

(6) And accordingly: "AN UNREBUTTED AFFIDAVIT BECOMES THE JUDGEMENT IN COMMERCE". There is nothing left to resolve.

(7) The next maxim in Commercial Law, number seven, is that "IN COMMERCE FOR ANY MATTER TO BE RESOLVED IT MUST BE EXPRESSED".

This is simply another way of saying that nobody is a mind reader. You have to put your position out there, you have to state what the issue is, to have something to talk about and resolve.

(8) Now, we need to back up a little ways to the Affidavit stage because this is the crux of the whole affair. The primary users and understanders and codifiers of Commercial Law in Western civilization, and perhaps in the world, are the Jews. This is Mosaic Law they have had, for 4000+ years, in which to point the scalpels of their intellects at dissecting and interpreting and using and comprehending the ramifications of Commercial Law.

There is an ancient principle in Mosaic Law that whoever leaves the field of battle first, loses by default. Translated into commerce, it is that an Affidavit, which is unrebutted point-for-point by another Affidavit stands as TRUTH IN COMMERCE because it hasn't been rebutted. Which leads us to the eighth maxim of Commercial Law: HE WHO LEAVES THE FIELD OF BATTLE FIRST LOSES BY DEFAULT".

The alleged reason for the existence of governments and all of their laws and processes is to resolve disputes, and, essentially, to resolve conflicts between Affidavits of Truth. Whose Affidavit of Truth, whose stance is correct, is sound, is real, is true? Whose stance will endure when all the lights are turned on, when all the truth is out, when everything is opened up and we uncover what is actually going on here?

Governments, then allegedly exist to be substitutes for the dueling field and the battlefield, so that disputes, conflicts of Affidavits of Truth, if you will, are resolved by civilized and peaceful and resonable means instead of by violence. So people can take their disputes into a court and have this all opened up and resolved, instead of going out and marching ten paces, and turning around and doing something.


This is the two-edged sword we spoke of earlier. Nothing ventured, nothing gained. A person must put himself on the line and assume a position, take a position, as regards the matter at hand. One cannot realize the potential of gain without also exposing himself to the potential of loss.

(10) In Commerce, a lien or claim can be satisfied in any one of three ways: (a) By someone rebutting your Affidavit, your Commercial Affidavit, with another Commercial Affidavit of his own, point-for-point until the matter is resolved as to whose affidavit is correct; or, in the case of non- resolution. (b) You convene (in our case in this country) a Sheriff's Common Law Jury, based on the Seventh Amendment, concerning a dispute involving a claim of more than $20, or (c) The only other way that you can satisfy a lien is to pay it.


At this point we get to the practicality and we get to governments in general. , and all of their situations and processes. Commercial Law is non-judicial. This is pre-judicial. This is timeless. This is the ground floor beneath which any government or any of their court systems can possibly exist or function.

This means that what the courts are doing, and what all governments are ultimately adjudicating and resolving, and making rules about, are these basic rules of Commercial Law. When you get into a court and put your hand on the Bible you say, "I swear to tell the truth, the whole truth, and nothing but the truth...", you have just sworn a Commercial Affidavit.

It's the conflict between Commercial Affidavits of Truth that gives the court something to talk about, that forms the entire basis of it's action, and it's being there, in 'their' venue!

No court and no judge can overturn or disregard or abrogate somebody's Affidavit of Truth. The only one, ultimately, who has any capacity or right or responsibility or knowledge to rebut your Affidavit of Truth is the one who is adversely affected by it. It's his job, it's his right, it's his responsibility to speak for himself, to issue his own Affidavit because no one else can do it for him. "Speak for yourself, John Alden". No one else can know what your truth is or has the free-will responsibility to state it. This is YOUR job.

Now, here is where the real fun starts. In Commerce, there are two aspects to it: (1) There is the Assessment aspect, which is who owes who, and what, why, how, and for what reasons; and there is the Collection aspect.

The Collection aspect is based on processes in international commerce that have existed for millennia, four, five, or six thousand years. They, again are based on Jewish Law and the Jewish grace period, which is in units of three: Three days, three weeks, thirty days, three months. This is why you get 90-day letters from the IRS.

Commercial processes are non-judicial. They are summary processes. (Short, concise-without a jury).

The IRS is the most active user of Commercial Collection in the world. The Collection phase is relatively valid, although the IRS doesn't do anything straight. But, basically the Collection phase is done properly.

However, this is where things get very interesting. The other phase of matters is the Assessment phase. THERE IS NO VALID ASSESSMENT. The IRS never has, and never can, and never will, and ever could, ever, EVER, issue a valid Assessment Lien or Levy. It is not possible.

First of all, in order for them to do that, there would have to be proper commercial paperwork, a True Bill in Commerce. There would have to be sworn Affidavits by someone that this is a true, correct and certain situation, which, in commerce is, essentially, the truth, the whole truth, and nothing but the truth" when you get into court.

Now, nobody in the IRS is going to take Commercial liability for exposing themselves to a lie, and have a chance for people to come back at them for Commercial recourse. In order for the IRS to form a valid Assessment, Lien or Levy, they would have to come up with a True Bill in Commerce, a true accounting. This means they would have to set forth the contract, the foundational instrument with your signature on it, in which you are in default, and a list of all the wonderful goods and services that they have done for you for which you owe them; or a statement of all the damages that you have caused them, for which you owe them.

To my knowledge, none of us have ever recieved any goods or services from the IRS for which we owe them money. And to my knowledge I don't know that there is anybody in the IRS that we have damaged that gives them the right to come after us and say that "you owe us money because you damaged us".

So the Assessment phase in the IRS is NON-EXISTENT. IT IS A COMPLETE FRAUD, and it cannot be anything other than A COMPLETE FRAUD.

So why do we lose? And why are we in this mess?

We are in this mess because we got lost in, and absorbed in, the Collection phase and we have had no way to bridge the gap to expose the fraudulent Assessment phase.

This is why these rules of Commercial Law come to our rescue.

T.S. Eliot wrote a wonderful little phrase in one of his poems. He said, "We shall not cease from exploration, and the result of all our exploring will be to arrive at the place at which we began and know it for the first time".

This is the beginning and this is the end. This closes the circle on the process.


Because we don't know the rules, we don't know what the game is. We don't even know what to do. We don't know how to invoke our rights, remedies and recourses. So we get lost in doing everything under the sun except THE ONE AND ONLY THING THAT IS THE SOLUTION.

This is like going to a magic show or a con-man. No magician or con-man is going to stand in front, first, and say "OK folks, i'm not going to fool you and trick you and make you think that something's real that isn't, and take all the money I can from you and all the control over your life as possible, so this is how I'm going to do my trick!"

That's never going to happen. That's really quite silly.

These powers-that-be have not divulged the rules of the game. They can and do get away with their complete fraud and steal everything because nobody knows what to do about it.

Well, what can you do about it?

YOU NEED TO ISSUE A COMMERCIAL AFFIDAVIT, a Commercial Affidavit of truth, if you will. You don't have to title it that, but that's what it is. And in your Affidavit, which I now draft in my sleep by the jillions, in your Affidavit, you can affirm TRUTH: "I have never been presented with any proper commercial paperwork to support your Assessment. I have never seen any sworn Affidavits, Commercial Affidavits, that would provide validity to your Assessment. It is my best and considered judgement that no such paperwork or Affidavits exist".

At the end of the document you put demands on them, in this Affidavit. They are implicit anyway but you make them quite EXPLICIT. And those are: "Should you consider my position in error..." You know what they have to do, don't you, folks? They've got to Come back with a Commercial Affidavit of Truth which rebuts your Affidavit point-for-point; which means they have to come in and provide the paperwork with the real Liens, the real Assessments, the real True Bill in Commerce, the real sworn Affidavits that would make their Assessment or claims on you VALID.

If they do not then, they have "left the battlefield" and you win by default. Now, obviously, the beauty and power of this is that since they don't have it (the proper commercial paperwork) and they never can and they never will, they CANNOT rebut your Affidavit. (Speaking about the IRS!)

This means that your Affidavit stands as THE TRUTH IN COMMERCE.

Things get even more interesting at this point, because you also do something else with this Affidavit. You go to all their laws and codes and so forth, chifly Title 18 USC and you tabulate the whole list of crimes and offenses that they have perpetrated in lying to you and stealing your money and foreclosing and selling your houses and issuing false Liens and Levies, and so forth. This is quite an appreciatable list of offenses.

If you then tabulate the dollar amount of the fines, the criminal fines involved in these offenses... You could take, for instance, simply Title 18 Section 241, which is $10,000 on any public official, per offense. That means for every single violation of the Constitution, or Commercial Law, there are about 30-35 of these in just this one section of Title 18, were looking at maybe $300,000 to $350,000. The amounts of the criminal fines, when you start adding these up, it becomes very substantial.

You attach this with the tabulation, the ledger of accounting, the criminal ledger of accounting, to your Affidavit, and you file it as a criminal complaint with the US Attorney (Your option!)

Now, they are not going to prosecute this because we have a "fox guarding the henhouse" situation where there is "selective prosecution" and the prosecution is reserved for us "suckers" out here and not against the perpetrators of the crimes.

However, that doesn't matter because you do something else: You attach your Affidavit and Criminal Complaint to a COMMERCIAL LIEN. The reason you go through this criminal complaint process is not because you have to, but, because by their own laws, and value system and penalties, THEY HAVE HUNG THEMSELVES: They have already discerned and formulated the dollar amount involved in each of the various offenses.

If you Lien them Commercially for those amounts, they can't come back at you and say: "Well, these are out of nowhere, these are unreasonable, where did you get this?"

"Well sir, we got it right out of your own codes".


You take your Commercial Lien and you go down to your Secretary of State Office to record, just as soon as you've finished filing the Criminal Complaint with the US Attorney and you file this Commercial Lien as a Lien against every agent individually. (Remember, the Criminal Complaint is optional!)

Remember Nuremberg? I've got one word for you people in the IRS: NUREMBERG.

You can't hide behind the skirts of the Corporate State, this fictional entity created by the human mind, to be able to engage in perfidious actions which you would not otherwise be able to do by virtue of Natural and Moral Law. It just doesn't work.

Now, this non-judicial, automatic, Commercial Collection process, which the IRS and all of it's people have been employing against us is now, turned against them.

The time clock starts ticking...tick...tick....tick towards the time period.

In your Lien you have placed the grace to get them out of this activity. It's certainly going to include "I want you off of my back totally, absolutely, utterly and forever and completely, and no more Assessments and no more Liens and no more Levies and no more Summonses".

And that's just the start.

Undoubtedly, you have been injured by this. So, you make some reasonable dollar value for the agents to come up with to get this Lien off their back (Settlement!) Maybe it could be $100,000.. and that certainly would beat the hundreds of thousands, if not millions involved in the Commercial Lien based on Criminal Penalties.

So, the IRS agents are caught in a very, very, very bad position: They don't have any truth to back up their side, and you DO.

They think, and attorneys think, and judges think, and all these people think at first that "Well this is just some kind of inconvenience. This guy is harassing me, he's putting these Liens on me, but they don't have any validity". (Psst! Your Affidavit of Truth is the validity!).

But, the time clock keeps ticking.....

And they find that things become more and more uncomfortable. The "hand" around the wallet in their back pocket is tightening with every passing day.

Judges don't think it matters because they think that they can get other judges simply to remove it. The IRS thinks that it can hide behind the sovereign immunity of the US government (which is now merely a front for the REAL sovereignty, which is the creditors, which is the Federal Reserve/ IMF). They think they can hide behind that, and all that power and all that prestige is going to save them...It is not.

It is not. Because there is only ONE WAY that they can be saved and that is to come in with their own Affidavit of Truth which rebuts your Affidavit point-for-point and proves you wrong. If they want to get this into a court or jury that's not going to them any good because the same battle still exists.

All this means is that the conflicts between Affidavits of Truth are now fought out in the open. And that is consummatly embarrassing, because that isn't going to change the situation. They still don't have anything. Getting it into a court and jury isn't going to do them any good. It's just going to do them harm.

The third option is to pay it.

If they do not satisfy the criteria that you have put in the grace conditions in your Lien, at the end of 90 days you have just transformed the Secretary of States Office into your "Accounts Recievable Office". And Legal Title has passed from all of their real and personal property from them to you. And you file the correct paperwork with the Secretary of State and you serve this on the Sheriff and say "I want to take possession of my property". Things get very interesting. (Approach this phase with study and caution!)

If you send a Criminal Complaint on a public official to the Insurance Commissioner of the State, it becomes instantly and automatically a Lien against the bond of the official, the judge or the District Attorney. And he's dead. He cannot function without his bonding. This is held in suspension until the issue is resolved.

So now, all of the sudden, we find ourselves, simply by going back to what we've wanted all along, which is truth, rightness and a remedy, that we have, by going back to this and finding the rules that pertain to it, a way to have more power than they do, since we are Sovereign!


To do so would be to dissolve the world immediately into chaos. This would be the end of all law, all order, all standards, for all civilization.

It is not possible. They are stuck. This forms, now the underpinnings, not simply philosophically, but in tangible practice, of the way to put power on your side, and against those 'agents' of government who violate your rights, injure you and at the same time, violate their Oath of Office in respect to you, his soveriegn.

That again, is how, in their own processes and the underlying basis for them, we can use the rules of the game on OUR side instead of remaining in ignorance and being taken forever as "suckers, dupes and slaves".

This applies not only to the IRS. This applies to everything. This forms a solid foundation for your life and it forms a basis for any kind of dealings with Government because, you see, what alot of people don't discern or think through deeply enough is that governments don't have any proper commercial paperwork or Commercial Affidavits to support any of their actions either.

They invent all of these wonderful regulations and statutes and impose them on you, adversely affecting your life and Commercial/ Economic standing.

And no-one is taking any liability.

They may have a perfunctory liability in some kind of bonding. They have malpractice bonding. For example, the State of Oregon has a malpractice bond on the entire State of Oregon from Hartford Insurance for $5 Million. I can tabulate a fee of $5 Million on an elementary traffic ticket before my pen gets flowing.

Have you noticed Willie Brown or any of these legislators saying, "Well, we're going to invent these wonderful laws and impose them on everybody else, and naturally we're going to take persoal responsibility for any adverse consequences that happen here as a result of the laws that we invent or impose. I mean, because you know, maybe somebody might get hurt, and if they want to sue somebody we gotta be around here for them to sue, because this is a good law, and i'm gonna stand behind it!"

That does not exist.

Now YOU have something to work with.

NOTE: Correction was made in substituting "Secretary of State" in palce of "County Recorder!". Other minor changes were made to the above to clarify and is intended 'only' as information for your edification and not intended as legal advice.

SEE The Application of Commercial Law