Tears in a Seamless Garment

                              by

                 Paul Andrew Mitchell, B.A., M.S.
                      All Rights Reserved


1.   The Constitution as the Supreme Law

     a.   case law as irrefutable history

     b.   courts as forums for the great debates


2.   The need to reach back in history

     a.   1945:  Hooven and Allison

     b.   1933:  bank "emergency" under FDR

     c.   1913:  16th/17th amendment, FRB Act

     d.   1900:  Downes v. Bidwell: "United States"

     e.   1895:  Pollock v. Farmers Loan and Trust

     f.   1868:  14th "amendment"

     g.   1865:  13th amendment banning slavery

     h.   1862:  Hazard Circular

     i.   1812:  real 13th amendment


3.   The Doctrine of 2 "United States"

     a.   "exclusive" means "unrestricted"

     b.   the Insular Cases:  a turning point

     c.   Harvard Law Review analysis

     d.   Justice Cox and Reconstruction

     e.   the validity of the public debt

     f.   the bogus nature of the federal debt


4.   Current themes in constitutional law

     a.   what constitutes the constitution?

     b.   fate of amendments 17, 16, 14, 13a, 13b

     c.   other "acts" of Congress

     d.   judicial "immunity" and recent challenges

     e.   supremacy of juries and jury rights

     f.   the Gaudin case:  judging materiality

     g.   role of human rights treaties (2)

     h.   Oaths of Office and the exact provisions problem

     i.   People v. Rehnquist


5.   void for vagueness and the fundamental law

     a.   raging debate over "includes"

     b.   IRC Subtitle F:  forces and effects?

     c.   the Puerto Rico connection:  alcohol

     d.   iron-clad law of prohibition

     e.   logical accretion from Downes v. Bidwell


6.   the non-resident alien debate

     a.   two classes of citizenship

     b.   two separate government jurisdictions

     c.   the "core" of the deception

     d.   U.S. v. Lopez and limited federal powers

     e.   9th and 10th amendment trends


7.   the federal government as a "foreign" power

     a.   conflicts of law:  state and federal

     b.   supremacy clause

     c.   role of the U.C.C.

     d.   U.C.C. as federal common law

     e.   martial "rule" and revolving bankruptcy



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U.S.A. v. Broderick