61 Statute At Large § 101

ENACTING CLAUSE

NOTES:

A. The Communications Act of 1934¹ shows an enacting clause on its face².

B. The indictment³ did not charge me pursuant to the Communications Act of 1934.

C. The indictment cited Title 47 of the United States Code as its basis of authority.

D. Title 47 shows no enacting clause on its face⁴, to show the Constitutional authority of Congress stands behind it, as mandated by 61 Stat.L 101.

E. Because Title 47 shows no enacting clause on its face, the indictment fails to charge a violation of the positive law⁵ of the United States of America.

F. Title 47 asserts, as its enacting authority⁶, the Communications Act of 1934.

MAXIMS OF LAW

The derivative power cannot be greater than the original from which it is derived. Noy, Max.; Wing. Max 66; Finch, Law, b.1, c.3.

Power can never be delegated which authority said to delegate never possessed itself. N.J. Steam Co. V. Merch Bank, 6 How. (47 U.S.) 344, 407.

 

G. The objective of the FCC is to gain maximum centralized control over the activities of each of the sovereign states.  The method used to accomplish this communistic objective is a revision of Section 301, the licensing statute originally found in the Communications Act of 1934.  Section 301 has been modified in such a way that an illusion is created that the FCC is being granted intrastate jurisdiction.

H. Congress called the colorable legislation the "Communications Amendments Act of 1982."  The Act expressly asserts, on its face⁷, that it amends the Communications Act of 1934.  It is not independent legislation that can stand on its own merit!

I. In the Communications Amendments Act of 1982, it is Section 107⁸ that purports to give the FCC intrastate jurisdiction.  Intrastate jurisdiction was clearly and specifically denied in the Communications Act of 1934, because it would have been non-Constitutional activity.  Adding intrastate jurisdiction by amendment, at a later date, is not even plausible.  See above maxims of law.

J. At my trial, the government failed to make a showing that the signals of Lutz Community Radio created a substantive burden on interstate or foreign commerce.  The activity of the station was non-commercial and purely intrastate in nature.

CONCLUSION:

Lacking the mandated enacting clause, Title 47 of the United States Code is properly referred to as colorable law⁹.

Federal Government officials exercised jurisdiction for which no Constitutional basis of authority exists.  The result is an act of Sedition¹⁰.

1  See Communications Act of 1934  [back]

2  The Purpose of an enacting clause in legislation is to express on the face of the legislation itself the authority behind the act and identify it as an act of legislation. Preckel v. Byrne, 243 N.W. 823, 826, 62 N.D. 356 (1932).

Face has been defined as the surface of anything; especially the front, upper, or outer part or surface; that which particularly offers itself to the view of a spectator. Cunningham v. Great Southern Life Ins. Co., 66 S.W.2d 765, 773 (Tex. Civ. App.).  [back]

3  See the Indictment  [back]

4  See the face of Title 47 of United States Code  [back]

5  Positive Law - Law actually and specifically enacted or adopted by proper authority for the government of an organized jural society. Black’s Law Dictionary, Sixth Edition, page 1162.   [back]

6  See the enacting authority cited in 47 U.S.C. § 609  [back]

7  See the face of Communications Amendments Act of 1982   [back]

8  See Sec. 107 of the Communications Amendments Act of 1982   [back]

9  Color of law - The appearance or semblance, without the substance, of legal right.  Misuse of power, possessed by virtue of state and made possible only because wrongdoer is clothed with authority of state, is action taken under "color of Law." Atkins v. Lanning, D.C.Okl. 415 F.Supp. 186, 188. Black’s Law Dictionary, Sixth Edition, page 265.  [back]

10  See the Declaration of Independence, paragraphs 15 and 23   [top]

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