Students and subscribers,
Former adviser to President Donald John Trump, Roger Stone, has been indicted for lying to a committee of Congress of the United States. Stone’s best defense is that the testimony in which it is claimed he lied was not made before “the Congress” as required by the statute upon which his indictment is based. The plaintiff in Stone’s federal criminal case is the “United States of America,”the Confederacy established by the Articles of Confederation of November 15, 1777. The “United States” cannot bring suit or be sued as the “United States,” because it lacks sovereignty.
The steady subscribers to my posts and the past and present students of the Basic Course in Law and Government know that the Constitution of September 17, 1787 mentions two forms of Congress: “a Congress” and “The Congress.” Article I, Section 1 of the Constitution: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” There is no place in the Constitution that fits the description of “legislative Powers” being granted to a Congress of the United States. Article I, Section 7 of the Constitution describes the process by which a “Bill” becomes a “Law” in the House of Representatives and Senate and is then approved or disapproved by the President of the United States. The first “a Congress” was established as the lawmaking part of the President of the United States’ administration of the United States, the territory owned by and ceded to the United States of America. When the first nine of the original thirteen States ratified that Constitution, and the newly elected Senators and the members of the House of Representatives met on March 4, 1789 in New York City the two-year term of the First Congress began.
“The Congress” was established when the last of the first thirteen States ratified the Articles of Confederation on March 1, 1781. “The Congress” of the Constitution was the Confederation acting as the United States, in Congress assembled. The same States that established the Confederacy ordained and established the Northwest Ordinance of July 13, 1787. Next, the People of those United States who would convene to ratify the Constitution of September 17, 1787, claimed in the Preamble that Constitution was for the United States of America. That claim proved to be true when the Constitution
failed to be adopted by any Article VI, Clause 3 Officer.
Section 8. of Article I of the Constitution is conclusive on the issue of the exclusive legislative power of “The Congress:” “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all duties, Imposts and Excises shall be uniform throughout the United States;”
“To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square), as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;- And
“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
Roger Stone has been charged with lying to a committee of Congress. The statute upon which the charge was brought clearly identifies “the Congress” as the Congress which is to be protected against liars. The statute offers no protection of that kind to the committees of two-year Congresses 1. Here is part of the statute that the United States Department of Justice has charged Stone with violating: Title 18 United States Code §1001(a)(1) and (2):
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully-
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to-
(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.
The lawmaking process described in Section 7, of Article I of the Constitution limits “All legislative Powers” of Article I, Section 1 of the Constitution to what any of the three component parts will approve. Once all the grants of the legislative powers are bestowed on “the Congress” all that remains is lawmaking power over the territory belonging to and ceded to the Confederacy, the United States of America. The grant of “All legislative Powers” was certainly intended by the Framers of the Constitution be interpreted as the making of the legislative branch of a new Republic. Their successful portrayal of Article I as the legislative branch made possible the federal government as it is known today. However, how could “All legislative Powers” be vested in a two-year Congress? It could not, and the legal counsel to the two-year Congress that enacted §1001 knew that, so they wrote that law to apply to the real Congress with the sovereignty of the Confederacy.
Dr. Eduardo M. Rivera
1 Corinthians 1:18 "For the word of the cross is foolishness to those who are perishing, but to us who are being saved it is the power of God."