:UCC:
"I send you out as sheep in the midst of wolves, be
wise as a serpent and harmless as a dove."
Matthew 10:16
Civilized law has two characteristics: Remedy and Recourse. Remedy is a way to get out from under the law. The Recourse provides for recovery of damages suffered under the law. The Common Law, the Law of Merchants, and the Uniform Commercial Code all have remedy and recourse. The UCC has it in the first volume at 1-207 and 1-103.
Remedy:
"The making of a valid Reservation of Rights preserves whatever rights the person then possesses, and prevents the loss of such rights by application of concepts of waiver or estoppel." UCC 1-207.7
A court is a commercial, international jurisdiction. If we say.
"I DEMAND MY CONSTITUTIONAL RIGHTS!", the judge will say, "You
mention the Constitution again, and I'll find you in contempt of court!"
He has sworn to uphold the Constitution, but you cannot be charged under one
jurisdiction and defend yourself under another jurisdiction. If the French government
comes to you and asks where you filed your French income tax of a certain year,
you don't say "I demand my Constitutional Rights" The proper answer
is: "THE LAW DOES NOT APPLY TO ME. I AM NOT A FRENCHMAN." You must
make your reservation of rights under the jurisdiction in which you are charged.
In a UCC court, you must claim your Reservation of Rights under UCC 1-207.
UCC 1-207 also says...
"When a waivable right or claim is involved, the failure to make
a reservation thereof, causes a loss of the right, and bars its assertion at
a later date." (UCC 1-207.9)
"The Sufficiency of the Reservation: any expression indicating
an intention to reserve rights is sufficient, such as "without prejudice".
(UCC 1-207.4)
Whenever you sign any legal paper that deals with Federal Reserve Notes, write
under your autograph: "Without Prejudice (UCC 1-207.4)."
This reserves your rights. You can show, at UCC 1-207.4, that you have sufficiently
reserved your rights. You must also know and be able to explain what it means
to benefit by writing this under your autograph. The judge will ask, so be prepared
to explain it to him. You are saying, "I reserve my right not to
be compelled to perform under any contract or commercial agreement that I did
not enter knowingly, voluntarily and intentionally. I do not accept the liability
of the compelled benefit of any unrevealed contract or commercial agreement."
What is the compelled performance of an unrevealed commercial
agreement? When you use Federal Reserve Notes
instead of silver dollars,
is it voluntary? No. There is no lawful money or alternative, so you have to
use Federal Reserve Notes; you have to accept the benefit. The government has
given you the benefit to discharge your debts with limited liability, and you
don't have to pay your debts. But if you did not reserve your rights under 1-207.7,
you are compelled to accept the benefit, and are therefore obliged to obey every
statute, ordinance, and regulation of the government, at all levels of government;
federal, state and local even if you don't know what they are, and there are
literally millions of them.
You also need to understand UCC 1-103, the argument and recourse. If you want
to understand this fully, go to a law library and photocopy these two sections
from the UCC. It is important to get the Anderson , 3rd edition. Some of the
law libraries will only have the West Publishing version, and it is very difficult
to understand. In Anderson , it is broken down with decimals into ten parts
and, most importantly, it is written in plain English.
Recourse
Recourse appears in the Uniform Commercial Code at 1-103.6:
"The Code is complimentary to the Common Law, which remains in
force, except where displaced by the code. A statute should be construed in
harmony with the Common Law, unless there is a clear legislative intent to abrogate
the Common Law." (UCC 1-103.6)
This is the argument we use in court. The Code recognizes the Common Law. If
it did not recognize the Common Law, the government would have had to admit
that the United States is bankrupt, and is completely owned by its creditors
(us). It is not expedient to admit this, so the Code was written so as to preserve
the Common Law to some degree. Therefore, if you have made a sufficient, timely,
and explicit reservation of your rights at 1-207, you may then insist that the
statutes be construed in harmony with the Common Law. It is best to use a rubber
stamp, because this demonstrates that you had previous volition to reserve your
rights when you ordered the stamp.
If the charge is a traffic ticket, you may demand that the court produce the
injured person who has filed a verified complaint. If you are charged with failure
to buckle a seat belt, you may ask the court: "Who was injured as a result
of the failure to 'buckle up'?" If the judge won't listen and moves ahead,
read him the last sentence of 103.6.
Tell the judge, "Your Honor, I can sue you under the Common
Law, for violating my rights under the Uniform Commercial Code. I have a remedy,
under the UCC, to reserve my rights under the Common Law. I have exercised that
remedy, and now you must construe this statute in harmony with the Common Law.
To be in harmony with the Common Law, you must come forth with the damaged party."
If the judge insists on proceeding, express your confusion and ask: "Let
me see if I understand, Your Honor, has this court made a legal determination
that sections 1-207 and 1-103 of the Uniform Commercial Code, which is the system
of law you are operating under, are not valid law before this court?"
Now the judge is in a jam. How can the court throw out one part of the Code
and uphold another? If he answers, "yes", then you say: "I put
this court on notice that I am appealing your legal determination." A higher
court will uphold the Code on appeal. The judge knows this, so you have boxed
him in.
UCC 1-103.6
§ 1-103. Supplementary General Principles of Law Applicable.
Unless displaced by the particular provisions of this Act, the principles of
law and equity, including the law merchant and the law relative to capacity
to contract, principal and agent, estoppel, fraud, misrepresentation,
duress, coercion, mistake, Bankruptcy, or other validating or invalidating cause
shall supplement its provisions.
§ 1-103.6 The Code is complimentary to the Common Law, which remains in force, except where displaced by the code. A statute should be construed in harmony with the Common Law, unless there is a clear legislative intent to abrogate the Common Law.
UCC 1-207.7
§ 1-207. Performance or Acceptance Under Reservation of Rights.
(1) A party who with explicit reservation of rights
performs or promises performance or assents to performance in a manner demanded
or offered by the other party does not thereby prejudice the rights reserved.
Such words as "without prejudice", "under protest"
or the like are sufficient.
(2) Subsection (1) does not apply to an accord and satisfaction.
§ 1-207.7 The making of a valid Reservation of Rights preserves whatever rights the person then possesses, and prevents the loss of such rights by application of concepts of waiver or estoppel.
§ 1-201. General Definitions.
(29) " Party ", as distinct from " Third Party ", means a person who has engaged in a transaction or made an agreement within this Act.
(36) " Rights " includes remedies.
Source
When does UCC apply?
The following is a quote from the BANK OFFICERS HANDBOOK OF COMMERCIAL BANKING
LAW WITHIN THE UNITED STATES, sixth edition, paragraph 22.01(1) and pertains
to certain types of transactions: "There are twelve transactions to which
the UCC does not apply. They are as follows:
1. Security interests governed by federal statutes . . .
2. Landlord liens . . .
3. Liens for services or material provided . . .
4. Assignment for claims for wages . . .
5. Transfers by government agencies . . .
6. Certain isolated sales of accounts or chattel paper . . .
7. Insurance Policies . . .
8. Judgments . . .
9. Rights of setoff . . . (see setoff)
10. Real Estate interests . . .
11. Tort Claims . . .
12. Bank accounts . . ."
UCC-1-104 states : "Construction against implicit repeal. This code being a general code intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided."
UCC Connection by Howard Freeman
UCC
with Official Comment (Denver)
UNIFORM
COMMERCIAL CODE (Cornell)
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UCC Articles 1 & 2
Then answered one of the lawyers, and said unto him, master,
thus saying thou reproachest us also. And he said, woe unto you also, ye lawyers!
For ye made men with burdens grievous to be born, and ye yourselves touch not
the burdens with one of your fingers... Woe unto you, lawyers! For ye have taken
away the key of knowledge; ye entered not in yourselves, and them that were
entering in ye hindered.
Luke 11:45-52