Martial Law takeover of courts

U.S. District Courts were not established by the U.S. Constitution. They did not exist prior to 1948. They were created under martial law rule.

  • Article 1, section 8 allows Congress to constitute tribunals inferior to the Superior Court. Whereas Article 3 courts are established, not constituted. Do not be fooled just because tribunals call themselves “courts.”
  • The checks and balances between branches of government are established by the Constitution. Legislative powers cannot control judicial courts that were established by the Constitution.
  • Real Judicial courts are NOT subject to a statute of limitations.
  • U.S. District Courts are not established by the constitution.
  • Judicial (Article 3) courts’ judges must have the constitutional security of tenure and salary.
  • See my article Gold Fringed Flag Facts. – Do Not Be Fooled by Government (


Unlike its original jurisdiction, the appellate jurisdiction of the Supreme Court is subject to “exceptions and regulations” prescribed by Congress, and the jurisdiction of the inferior federal courts is subject to congressional prescription. Additionally, Congress has power to regulate modes and practices of proceeding on the part of the inferior federal courts. Whether there are limitations to the exercise of these congressional powers, and what the limitations may be, are matters that have vexed scholarly and judicial interpretation over the years, inasmuch as congressional displeasure with judicial decisions has sometimes led to successful efforts to “curb” the courts and more frequently to proposed but unsuccessful curbs.1171 Supreme Court holdings establish clearly the breadth of congressional power, and numerous dicta assert an even broader power, but that Congress may through the exercise of its powers vitiate and overturn constitutional decisions and restrain the exercise of constitutional rights is an assertion often made but not sustained by any decision of the Court.”

— Senate Document 112-9 at Page 841
U.S. Supreme Court main door

According to U.S. Supreme Court Chief Justice Marshall:

“The appellate powers of this court are not given by the judicial act. They are given by the constitution. But they are limited and regulated by the judicial act, and by such other acts as have been passed on the subject.”

— Durousseau v. United States, 10 U.S. (6 Cr.) 307, 313–314 (1810). “Courts which are created by written law, and whose jurisdiction is defined by written law, cannot transcend that jurisdiction.” Ex parte Bollman, 8 U.S. (4 Cr.) 75, 93 (1807) (Chief Justice Marshall). Marshall had earlier expressed his Durousseau thoughts in United States v. More, 7 U.S. (3 Cr.) 159 (1805).

“The notion has frequently been entertained, that the federal courts derive their judicial power immediately from the constitution: but the political truth is, that the disposal of the judicial power (except in a few specified instances) belongs to Congress.
If Congress has given the power to this Court, we possess it, not otherwise: and if Congress has not given the power to us, or to any other Court, it still remains at the legislative disposal. Besides, Congress is not bound, and it would, perhaps, be inexpedient, to enlarge the jurisdiction of the federal courts, to every subject, in every form, which the constitution might warrant.”

— Turner v. Bank of North America, 4 U.S. (4 Dall.) 8, 10 (1799).

Federal Regional Power

Federal regional power is authorized by Martial Law. Before martial law existed there were only United States Judicial Districts, which were superior to state courts, and only considered constitutional questions. A good discussion of this is the US Supreme Court decision in Ableman v. Booth 62 US 506 (1858) about the fugitive slave act. The reason they only considered constitutional questions is because there could be no federal laws that apply to state citizens, except for the three crimes mentioned in the Constitution. There is no other authority granted to the federal government that affects state citizens.

After martial law was imposed Federal District Courts (federal regional tribunals) were constituted which are inferior to state courts. Federal regional tribunals cannot possess the judicial power of the United States when hearing statutory regional proceedings. The only authority for the supremacy of federal regional power is under Article II Martial law. These Legislative (not judicial) Tribunals are constituted, not “established”, under Article I, Section 8, clause 9 of the US Constitution.

Do not be fooled that they are called courts.
There is no Act of Congress before 1948 naming any court “The United States District Court”, or “The United States Circuit Court of Appeals”. These two Courts did not exist before 1948. In 1948 Congress enacted Title 28 USC into Positive Law. This title creates courts that do not possess the judicial power of the United States. They can be delegated legislative authority only, because the Constitution did not establish them as judicial courts. They can only possess legislative authority, because the legislature created them. (such as Military jurisdiction — Again, a judicial court is established if the Constitution authorizes it under the Judicial Article). They can possess the Military jurisdiction that the martial law amendments (13, 14, 15, 18, 19, 23, 24, 26) specifically say “shall be enforced by Congress”.
These two courts were created under Title 28 acts of Congress. Before 1948 it was impossible for these two Courts to exist.). Again: Article 1, section 8 authorizes Congress “To constitute Tribunals inferior to the supreme Court”. Legislative tribunals are not judicial courts, but they call themselves courts.

“Military law is the law of public necessity. It is not a question of all or nothing. Where the civil courts have been dispossessed and are not able to function, such may be a reason for invoking martial law. That is quite a different thing from saying that martial law requires the closing of the civil courts. “

— Ex parte Spurlock, 66 F.Supp 997

“Congress shall have power to enforce this article by appropriate legislation.”

If Article 1, section 8, clause 18 gives Congress the power to enforce the delegated authority mentioned in the Constitution, then why would the martial law amendments need an enforcement section?

“The second section of the (13th) amendment was added out of abundant caution. It authorizes congress to select, from time to time, the means that might be deemed appropriate to the end. It employs a phrase which had been enlightened by well-considered judicial application. Any exercise of legislative power within its limits involves a legislative, and not a judicial question.”

— U.S. v. Rhodes, 1866, link

See my essay on the gold fringed flag.

Continue your study by reading my article How to Recognize Martial Law. Keep studying until you realize that we are still under Martial Law Rule from the Civil War.

Then study the 14th Amendment until you understand that only welfare recipients are “born or naturalized in the United States”.

Then study the Social Security Act until you realize that SS Cards are only available to socialists who apply for welfare. This changes their citizenship to a 14th Amendment citizen.

You can be dragged into marital law courts if you have applied for, or received, federal welfare. Such as getting a Social Security Number. Start studying by reading my essay on Things the government forgot to tell you about the Social Security System.

Gold Fringed Flag Facts.

There are too many rumors about the gold fringed flag that flies in every courtroom1 that you are dragged into.

  • The U.S. flag is defined by law. The flag law is codified in Title Four of the United States Code. It does not have a yellow fringe.
  • When you are in a courtroom do you see a U.S. flag attached to a wall? A flag on the wall is attached to the real estate and appurtenant thereto. It is part of the land.
  • When you are in a courtroom do you see a U.S. flag with yellow fringe, not attached to a wall, but on a pole planted by dismounted troops? If so you have been given actual notice that you are under martial law. The citizen cannot complain because he has voluntarily submitted himself to such a form of government.

Here is the verifiable fact, from rock-solid sources.

The yellow fringe flag is a military2 flag. Understand the deceptions and do not be fooled3.

Many people assume that the military flag in courts is proof of Executive control over the court, but not Congressional control over the courts.  If you need to see more proof of Congressional Control of courts, read my post Martial Law Takeover of Courts.

Gold fringe American Flag

You have lived under martial law rule ever since the Civil War.  There are four levels of Martial Law: Military law, Military government, martial law proper, and martial law rule.
(see U.S. Supreme Court Luther v. Borden, 48 US 1 for the first three, then martial law rule was necessary for the 8 Amendments that specify, within the amendment, that Congress to enforce. Congress must enforce them because they are contrary to States’ common law, even if they are contrary to State Constitutions.   The separation of powers prevent Legislative power from control over the Judicial power except for the Constitutional checks-and-balances.)
Most Martial Law information on the internet is limited only to suspension of Habeas Corpus. Such as Martial law in the United States – Wikipedia but do not mention Martial Law Rule. The U.S. Constitution gives the President, alone, authority to declare Martial Law, even without Congress (just like Lincoln did). But only Congress can suspend Habeas Corpus. There can be martial law without suspension of Habeas Corpus.
In the U.S. Constitution, Judicial Courts are established by Congress from time to time (Article 3, section 1), whereas Legislative Tribunals are constituted (Article 1, section 8).
You will only see a gold fringed flag in a Legislative Tribunal, even if it calls itself a court.  “Courts” that are controlled by such things as a statute of limitations, or legislated minimum sentencing policies, are not judicial. Courts that fly the gold fringed flag are responsible for giving 14th Amendment citizens the six rights allowed by law. (see 42 USC 1981 for the six rights.  These are from the Klu Klux Klan Act of 1871 enacted by Congress three years after the 14th Amendment).
That’s right.  When you decided that you didn’t want the thousands of unalienable rights that government was instituted among men to secure, you were given six rights.   Welcome to your Novus Ordo Seclorum secular new world order.

In my article on Martial Law, you will find out HOW TO RECOGNIZE MARTIAL LAW WHEN YOU SEE IT.  With more proof than you can tolerate.

  • The laws of Congress in Title 4 United States Code section 1 describe a United States Flag. There is no mention of yellow fringe. The national flag when representing the national civil jurisdiction has no yellow fringe on its borders.
  • A yellow fringe on a U.S. flag is in violation of Title 36, section 176(g).
  • But under martial law, the yellow fringe is required.

The 1925 Attorney General Opinion 34 OP ATTY GEN 483:

“The placing of the fringe on the national flag, the dimensions of the flag and arrangement of the stars in the union are matters of detail not controlled by statute, but are with the discretion of the President as Commander and Chief of the Army and Navy.”
“Ancient custom sanctions the use of fringe on the regimental colors and standards, but there seems to be no good reason or precedent for its use on other flags.” The Adjutant General of the Army, March 28, 1924.

1959 President Eisenhower’s Executive Order 10834 as originally published in Federal Register at 24 FR 6865 specifies a U.S. flag without a Fringe border.

Army Regulation AR840-10, 1 October 1979 requires fringe to be used on their flags.

“2-3. Sizes and occasions for display,

b. national flags listed below are for indoor display and for use in ceremonies and parades. For these purposes the United States flag will be rayon banner cloth, trimmed on three sides with golden fringe, 2 1/2 inches wide. It will be the same size as the flags displayed or carried with it.

c. Authorization for indoor display.

(4) each military courtroom.

The display of yellow fringe is prohibited outside the federal military jurisdiction, according to Army Regulation AR840-10 1-c(4) and 1-6e(3).

“1-6 Restrictions. The following limitations and prohibitions are applicable to flags, guidons, streamers, and components.
e. Unauthorized use of official flags, guidons, and streamers or replicas thereof, including those presently or formerly carried by US Army units, by other than the office, individual, or organization for which authorized, is prohibited except as indicated in (3) below.
(3) Recognized United States Army Division associations…”

States must protect you from the Gold Fringed federal tribunals.

“even in time of war, if the civil courts are open”


My essay on martial law.
My post on Martial Law Takeover of Courts
And my book The Citizen Cannot Complain — if 14th Amendment citizens were ever allowed to complain in an Article 3 judicial court, then the Supreme Court could be forced to rule that slave owners must be paid for the slaves that were stolen by the 13th Amendment. That is why the citizen cannot complain in any court.

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1.  Legislative Tribunals are constituted by Article 1 of the U.S. Constitution.  Whereas Judicial Courts are established by Article 3 of the U.S. Constitution. Don’t be fooled by legislative tribunals calling themselves courts.
A judicial court is authorized to exist if your Constitution authorizes it under the Judicial Article.  According to the language of the U.S. Constitution, Judicial courts are established.  Legislative tribunals are not established, they are constituted. Your state Constitution will be similar. It takes an Act of Congress to bring a legislative tribunal into existence.  Do not be fooled that they are called courts.
There is no Act of Congress before 1948 naming any Court “The United States District Court”, or “The United States Circuit Court of Appeals”. These two Courts did not exist before 1948.  They are NOT established by the Article III judicial branch of the U.S. government.  In 1948 Congress enacted Title 28 USC into Positive Law.  This title creates courts that do not possess the judicial power of the United States.  They can be delegated legislative authority only, because the Constitution did not establish them.  They can only possess legislative authority, because the legislature does not have any judicial authority to delegate to them. (such as Military jurisdiction — Again, a judicial court is established if the Constitution authorizes it under the Judicial Article).  They can possess the Military jurisdiction that the eight martial law amendments that specifically state that the amendment “shall be enforced by Congress”.  These two courts were created by statute  — Title 28 US Code. Before 1948 it was impossible for these two Courts to exist. Again: Article 1, section 8 authorizes Congress “To constitute Tribunals inferior to the supreme Court”. Legislative tribunals are not judicial courts.

2.  If you were observant, you would notice that the Martial Law Amendments (13, 14, 15, 18, 19, 23, 24, 26) have words within the Amendments themselves that Congress shall enforce them.  They are NOT self-enforcing as the Supreme Law of The Land that judges in every state would be bound thereby (Article 6 second paragraph).  Congress enforces them even if they  violate State Constitutions.

YES, you are under martial law.  According to Senate Report 93-549, written in 1973:

Since March the 9th, 1933, the United States has been in a state of declared national emergency. Under the powers delegated by these statutes, the President may: seize property; organize and control the means of production; seize commodities; assign military forces abroad; institute martial law; seize and control all transportation and communication; regulate the operation of private enterprise; restrict travel; and control the lives of all American citizens”

3. Under the U.S. Constitution, in 1798, Vice President Thomas Jefferson reassured the people of Kentucky that they were free from all federal laws, except for the three crimes mentioned in the Constitution, “and no other crimes whatever”. He went on to say

“(and all other their acts which assume to create, define, or punish crimes other than those enumerated in the Constitution) are altogether void and of no force, and that the power to create, define, and punish such other crimes is reserved, and of right appertains solely and exclusively to the respective States, each within its own Territory.”

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My essay Your All Capitalized Name

My essay on Are There Any Sovereign Citizens

My essay on Driving — Do you really need a license to have liberty?

My essay on Birth Certificates — Do they really transfer your “biological property” to the government?

My essay on Legal Lingo — learn how to read the law. Don’t get fooled out of your rights by legalities that you don’t understand.

My essay 16 things the government forgot to tell you about the Social Security System — Yes, it does change your citizenship.

My essay Do police and prosecutors lie to courts? 

Martial Law Rule by Robert Wangrud

I recommend the following books:

If you are an unfortunate victim of government overreach, you may be interested in How To Win In Court” self-help course. Learn the procedures and practices that run American courts. If you do not know how to defend your rights in their courts, you will lose. If you don’t know how to control the judge, you will lose.  For less cost than one hour with a lawyer, you can gain enough knowledge to fight your own battles. 

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Steven D. Miller is a freelance copywriter producing informative blog posts, white papers, eBooks and high-density documentaries. He is available to offer hope to any audience that yearns to breathe free. Contact him at

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