Re: Admiralty jurisdiction


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Posted by Matthew G. Ball on November 26, 1997 at 19:30:45:

In Reply to: Re: Admiralty jurisdiction posted by Common Right Group at San Diego County on May 23, 1997 at 05:04:46:

For all of you out there who believe in the American Flag of Peace,
I feel it is my duty to tell you that you are being sold a bill of goods.
The so-called American Flag of Peace Theory is completely false.
Every federal court throughout the country that has been
presented with arguments based on the flag-theory
has rejected them, and with good reason.
The court's jurisdiction over you has nothing to do
with the flag that stands in the courtroom.
It has everything to do with the constitution,
statutes, and the common law of the United States
-- i.e., the laws as interpreted by judges, not flag
theorists. In other words, those of you who come
into the federal courts with the idea that the
flag theory will somehow get you relief are sadly
mistaken. Some litigants who have continued to
make arguments before the courts based on the flag
theory have even been fined. I am a law clerk to a
federal judge, and can attest to how we view the flag
theory. For more information, and a concise analysis
of the flag-theory issues, please do yourselves
a favor and go to the county law library where
you live and read this opinion -- McCann v. Greenway,
952 F.Supp. 647 (W.D.Mo. 1997). If you don't know
how to find this particular opinion, the reference
staff will usually be happy to help you, provided
that you are polite to them. The McCann opinion
pretty much describes how every federal court
in the nation feels about flag theories.

In short, a federal district court is not a foreign
country, and it does have jurisdiction over you. It is not
an admiralty court, nor a military court. It has
the authority to decide any dispute that meets
the jurisdictional requirements -- i.e., your lawsuit
either has to be based on a federal statute that
provides an express right of action, or based on
state law with a claim for more than $75,000.

You may not like to hear this. Well, our political
system has a means for expressing dissent. You
can vote, form your own political parties, and work
for change. Asserting that the laws of the United
States don't apply to you based on some poorly
reasoned fringe theory is childish. It will get you
nowhere.

I hope this is of some assistance to somebody.


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