“The Orphan Constitution”
PhD dissertation final draft – Doug Herich
These days I think pretty much everyone realizes that government is broken from the top on
down, but no one has figured out that it was George Washington, the reputed Father of his
Country, who broke it. The country George Washington fathered wasn’t God’s country; it was
the territory and other property that belonged to the United States of America. “His Country”
was code for “the Constitution of the United States.” There are two Constitutions: “this
Constitution” is the written one, “the Constitution of the United States,” is the territory and other
property belonging to the United States of America. Washington took an oath to “preserve,
protect and defend the Constitution of the United States,” so that he and future Presidents could
administer criminal complaints brought against free people, in the name of the United States of
America. This simple truth is easy to prove and that is what this report will evidence beyond any
doubt and no one will be able to deny me freedom anymore because the truth has made me free
and now the entire world knows it!
Washington’s false oath enslaved millions of Americans by stretching the government’s land
claims to extend beyond what the United States of America owned to include the
hearts, minds and property of all Americans. This is the story of how he broke the government
and bent the law just so he could see central government revived and used to make politicians
more prosperous.
I explain in this report to the people of America exactly how George Washington broke the
government. If you have ever been in trouble because someone claimed you violated federal
written law, the United States Code, you can blame George Washington. If you know someone
now in trouble because of the written law, you must share this report with that person. It is
written especially so that any person held captive by the government on the pretext of the
violation of written law can take just one or two pages from those that follow and understand the
impact George Washington has had on their personal freedom.
Always remember, the truth shall make you free. This is precisely why this is not written as a
book. There are hundreds of thousands of books written about George Washington, the
Constitution, government and the law, none of which will make you free. I believe that the truth
found in what I have written has the power to make myself and others free. You have my
permission to take all or part of this report and share it with anyone who needs to be made free.
Washington broke the government, so he could become the chief tax collector for the Congress
of the United States and, also, so he could jail anyone who refused to consent to be taxed. The
broken American government has been falling apart steadily since George Washington first
broke it by not telling the truth. As I explain in this report, fixing the government is as easy as
getting the President Elect to take an oath “to support this Constitution.” That part of the oath of
Office of President of the United States to “preserve, protect and defend the Constitution of the
United States,” explains that the “United States” means the territory and other property
belonging to the United States of America.
The secret power of the government was the knowledge that the “United States” meant the
territory and other property belonging to the United States of America. Anyone doing anything
that was subject to the legislative power of Congress was subject to taxation. The President of
the United States was, of course, in charge of the United States. It was subject to his
administration, hence, today everything the President of the United States does is his
administration. Technically, that administration is limited to the territory and other property
belonging to the United States of America, but the President of the United States has his ways of
making you consent to his administration.
Without the two powers of imprisonment and the power to tax, the America of today could not
exist. Let’s hope that this revelation will eventually result in freeing all the innocent people held
captive in America’s prisons allegedly guilty only of violating written law.
George Washington broke the government by taking the oath of Office of President of the United
States, instead of the oath of office to the Office of President. Washington, the great man, was
elected to the Office of President under the Constitution and President of the United States of
America under the Articles of Confederation. As President, George Washington was supposed
to appoint an administrator to the Office of President of the United States, when he appointed
himself President of the United States he created a dictator that to this day claims to run the
country.
I know most people will dismiss my discovery as preposterous. They will claim that all three
Offices of President are rightly held by the same person elected to the Office of President by the
Electoral College. Well, it is true that the Electoral College also selects the President of the
United States of America when they pick the person to fill the Office of President, but they do
not pick the President of the United States that Office is appointive “by and with the Advice and
Consent of the Senate.”
Two out of three might not be bad when picking horse races, but it is disastrous in government,
when the wrong two offices are combined. The Constitution combined the President of the
United States of America and the Office of President that combination joined the Articles of
Confederation and the territory that belonged to the United States of America. Washington took
the dictatorial power of the President of the United States over the territory of the United States
of America and combined it with the real self defense government power of the United States, in
Congress assembled to produce a President that appeared to have police power that extended
beyond the territory and property belonging to the United States of America.
There is no other way to present this story than by constant repetition. Basic legal research
should have revealed that the Office of President of the United States is a dictatorship long ago,
as that Office has no definite term or qualifications. To Americans, the thought that George
Washington was a dictator is totally unacceptable, but the evidence is irrefutable. I present my
findings and conclusions to all those who are imprisoned in America because they are constantly
seeking relief from long prison sentences. They are more willing to consider alternative
explanations of historical facts, if it will assist in their release. The facts that I present here,
while related to the central theme of illegitimate Presidential authority, are in no particular order.
Facts are presented in a “stream of consciousness” that I hope will raise the consciousness of the
reader so a dialogue and an exchange of ideas can begin. It is hoped that this kind of
presentation will invite curiosity and further research.
Constitutional lawyers and scholars won’t admit it, but they are taught the Constitution by
constant repetition in the reading of United States Supreme Court opinions. Those opinions are
written by Justices appointed by the President of the United States and not by Judges appointed
by the President, who is also President of the United States of America. The President of the
United States can be defined by legislation as “President,” but such a statute law cannot amend
the Constitution to make the President of the United States the President in the Office of
President.
Anyone who learns constitutional law by reading those opinions is getting an interpretation that
favors the President of the United States as holder of executive power and Commander in Chief.
The "one supreme Court" found in Article III of the Constitution has never been ordained and
established by Congress, so it does not exist. Who could appoint the Judges of such a
constitutional court? Ever since George Washington took the oath of Office of President of the
United States every person elected to the Office of President has taken the same oath and has left
the Office of President vacant. The written Constitution in Article II Section 2 identifies the
President as having the “Power, by and with the Advice and Consent of the Senate”…to appoint
“Judges of the supreme Court.”
The President of the United States and not the President appoints Justices to a Supreme Court
created by legislative power derived from the power to administer the territory and property
belonging to the United States of America. Could a President of the United States of America
appoint Judges to the "one supreme Court?" The President of the United States of America
could only do so if he or she had sworn or affirmed the Article VI “to support this Constitution.”
Taking that oath “Adopts” the Constitution by the person who holds the Office of President
thereby validating judicial appointments to Article III courts, provide the Advice and Consent of
the Senate is obtained.
Practically no one in America knows that the President of the United States has no definite term
of office and there are no qualifications to hold that office. The Office of President is not the
same as the President of the United States of America, even though the Offices are occupied by
the same person. Those Offices would be occupied by the same person, if the President Elect
had ever taken the Article VI oath “to support this Constitution.” This information is presented
in what may seem to be a very repetitive manner for the purpose of accurately identifying the
three Offices of President and to make it easy for the reader to verify the information against the
written Constitution or the Internet. Government, media and public education have had more
220 years to fool the public. I only have a few pages to teach you how to read the Constitution
as it was really written.
Washington was elected to the Office of President on February 4, 1789, but he took the oath of
Office to the Office of President of the United States on April 30, 1789, the exact date
Washington broke the government. Washington had no right to pick himself to be President of
the United States, because that self-appointment had to be confirmed by the Senate and it left the
Office of President vacant.
To be fair to Washington, the government was already broken when he took the oath of the
Office of President of the United States. Government by king or president was permanently
broken in America, when the Americans made good on the Declaration of Independence.
Government by the consent of the governed meant that eventually very few would willingly
consent to be governed except by trickery or deceit. George Washington’s taking of an oath to
be President of the United States instead of the oath of Office of President marked the beginning
of government by trick and deception. The written Constitution is the Government’s manual for
the institution of trickery and deceit as national policy. The coronation of George Washington
was disguised as an inauguration, but the event launched the Presidential trinity of President of
the United States, President of the United States of America and Office of President. The
substitution of the President of the United States for the Office of President far surpasses any
other past act of deceit because it is still undetected. That, of course, will end with the
publication of this report.
The national government cannot be trusted founded as it is on the intentional vacancy of the
Office of President and the continual deceit of the President Elect’s self-appointment to the
Office of President of the United States. George Washington expected to be discovered at any
time, so plausible deniability was written into the Constitution for his protection. Doubters need
look no farther than Washington’s second inaugural address for signs of Washington’s
misgivings that he might be found out. As you read on, you will find that the Constitutional
Convention created for Washington a series of qualifications that he could not meet to be the first
holder of the Office of President making it very convenient to take the Office of President of the
United States to save the country from chaos. Four years after he failed to qualify to the Office
of President, George Washington did qualify to the Office of President. His second term he had
to cheat and take the oath of the Office of President of the United States again.
Fixing the United States Government is as easy as taking the oath of Office of President of the
United States that is found at Article II Section 1 Clause 8 and moving it to Article I where it
belongs. Moving the oath to where it belongs could be proposed by the Libertarians as an
amendment to the Constitution. The problem of bad government lies in getting a President Elect
to take the right oath. If the right oath was taken, the Constitution and the United States
Government would then make sense. If the oath of the President of the United States appeared
after Article I Section 3 Clause 5, it might be confused with an oath of the Vice President of the
United States, but it wouldn’t be confused with the oath of the Office of the President.
The next President Elect must take the Office of President by swearing or affirming, “to support
this Constitution,” the correct Article VI oath. The President should then appoint someone
sufficiently competent to the Office of President of the United States, so that the approval of two
thirds of the Senate could be obtained. The government was broken by George Washington
when he appointed himself to be President of the United States and allowed everyone to believe
he was President of the United States of America under the Articles of Confederation, President
under the written Constitution and President of the United States, an Officer of the Congress of
the United States. The government can only be fixed by a wide scale admission that every
President Elect has been wrong before and the former erroneous tradition will no longer be
observed. Now, that is change that can be believed.
Governments break down when a person who is elected to a public office refuses to vacate that
Office. We immediately recognize these people to be dictators. George Washington and the rest
of the Constitutional Convention came up with the most sophisticated system of dictatorial
government ever conceived by man. I am always privately amazed when I imagine the scene of
George Washington taking the oath of Office of President of the United States for the first time
and fooling everyone not in the know. Napoleon crowned himself emperor, but that empire
didn’t last. Washington appoints himself President of the United States takes that oath of office
and that government is just beginning to unravel. Self-appointment to the Office of President of
the United States by the President Elect is the act of a dictator. Americans just did it in
moderation.
Why would a good and virtuous man like George Washington want to become a dictator?
Washington wanted to pay for the war with Britain and becoming a tax collector was the only
way he and Alexander Hamilton thought it could be done. The Declaration of Independence
recognized that men were inherently free and the Articles of Confederation constrained the
national government’s assertion of power against the people of the states.
Washington had no faith in the people and the men who had won the war to pay for their own
freedom. The American people would pay their debts, but they would do it truthfully, honestly
and on their own terms. George Washington wanted to pay it now and he also wanted to help his
friends. The Constitutional Convention would be the means by which he would become the
Commander in Chief of tax collections for the Congress of the United States.
The Declaration of Independence left all governments broken except those like the United States
of America that provided a mutual self-defense force. Before Washington presided over the
secret Constitutional Convention and produced the Constitution, the United States, in Congress
assembled, which was the governing body of the United States of America under the Articles of
Confederation, could only ask the states to pay their proportionate share based upon the value of
lands, buildings and improvements within the state.
The United States of America could not impose taxes directly on the people of the thirteen states.
Within a few years after Rhode Island became the thirteenth State to ratify the Constitution
western farmers in Pennsylvania were revolting against the imposition of excises on the
distillation of alcohol. The United States of America still couldn’t tax the people of the states
directly, but the United States could and did. The states of the old Union, the United States of
America, became the United States under the new Union. Article I Section 2 Clause 3 provided
for Representatives and direct Taxes to be apportioned among the several States which may be
included within this Union. The new Union was to be comprised of territory and other property
belonging to the United States of America. The plan of the written Constitution was for the
appointive Office of President of the United States to administer the territory and other property
belonging to the United States of America and located in the States of the perpetual Union.
After George Washington broke the government, the President of the United States had regained
the former power of a British monarch to imprison those who would not obey the written law of
the realm. Technically, the realm was limited to the territory owned outright by the United
States of America. Alexander Hamilton was responsible for the excise on alcohol produced in
the territory and other property belonging to the United States of America. George Washington
raised an army larger than any he commanded during the Revolutionary War to put down the
Whiskey Rebellion. The leaders of the Whiskey Rebellion against unlawful excise taxes in
Pennsylvania would be tried and convicted of treason for their rebellion against a tax that could
not be imposed outside of the territory and other property belonging to the United States of
America.
The new American President, the President of the United States had become a king for four years
because that was the term of the President of the United States of America. The White House
would become the democratic castle vacated by the old king President upon the arrival of the
new king.
Americans, before the Declaration of Independence, were taxed by the British Parliament using
the governing powers of the reigning monarch. Such taxation had caused Americans and the
Second Continental Congress to break with Britain and George III, King of England. The
Declaration of Independence cited the King for combining “with others to subject us to a
Jurisdiction foreign to our Constitution, and unacknowledged by our Laws; giving his Assent to
their Acts of pretended Legislation”…[f]or imposing Taxes on us without our Consent.” George
Washington did not sign the Declaration of Independence, so he would have no problem
breaking an existing and functioning American government and using acts of pretended
legislation to impose Hamilton’s taxation without the consent of the persons being taxed.
Just as soon as the hostilities that had existed between America and Britain prior to July 4, 1776
escalated into full-scale war, the Declaration of Independence became the first of four written
Organic Laws of the United States of America. The Constitution of the United States of
America and the people of the United States of America was of necessity unwritten as
unalienable rights are written on the hearts of men and women by God alone. Work on the
second Organic Law, The Articles of Confederation, began within days and by December 16,
1777 Virginia had become the first state to ratify them. By February 1, 1779 Delaware became
the twelfth state to ratify the Articles of Confederation. The perpetual Union of the United States
of America is finally achieved when the last state, Maryland, ratifies on March 1, 1781.
Washington presided over the secret Constitutional Convention that began meeting on May 25,
1787 in Philadelphia to revise the Articles of Confederation. On September 17, 1787 the
Constitutional Convention presented the Constitution to the United States, in Congress
assembled, so that later the Constitution would be submitted to the thirteen States for ratification.
The Constitution was presented to the thirteen states, so that the first nine states might ratify it
and establish it “between the States so ratifying the Same,” according to Article VII. Persistent
constitutional folklore has the Constitution replace the Articles of Confederation, when the first
nine states ratify the Constitution. There is simply no evidence whatsoever that nine states could
repeal the perpetual Union created by the Articles of Confederation that were ratified over a forty
month period, while a war with Britain was being prosecuted. The nine state ratification was in
itself a confirmation that the Articles of Confederation were being revised as nine states were
required by the Articles to create, pursuant to Article IX, “A Committee of the States” to sit
during the recess of congress. This Committee becomes “a Senate” when the nine states ratify
and “the Senate,” when all thirteen states finally ratify the Constitution. The creation of a Senate
to replace the delegates to the United States, in Congress assembled is not a repeal of the Articles
of Confederation.
Article II Section 1 of the Constitution formally recognizes an informal office that had been held
by the presiding officer to the United States, in Congress assembled from 1781 to the ratification
of the Constitution by the ninth State. The first sentence of Article II carries out one of the
desired revisions of the Articles of Confederation, the vesting of the executive power in a
President of the United States of America. The existing executive power of the president of the
Committee of the States found in Article IX of the Articles of Confederation is vested in a
President now identified by the confederacy he is to represent in foreign affairs. As no
additional executive power is created by the Constitution, no one can claim a three-branch
government has been created.
With “The executive Power” vested in a President of the United States of America, we are left to
guess at what would have been the nature of the Office of President whose qualifications are set
out in Article II Section 1 Clause 5. It is apparent that the President of the United States of
America as holder of the Office of President under the Constitution was to occupy an executive
role over the President of the United States. The determination of the nature of the Office is
academic as no person elected to the Office of President has ever taken an oath “to support this
Constitution.” The written Constitution has never been “Adopted,” as no officer has ever
accepted the Constitution as one’s own by affirming or swearing “to support this Constitution.”
George Washington is to blame for breaking the government by taking the oath and Office of
President of the United States instead of the Office of President on April 30, 1789. At the
beginning of Washington’s second term, he no longer has the excuses not to take the Article VI
oath. He takes the oath of Office of President of the United States and the government continues
to be broken. Whatever the Office of President of the United States might be, it certainly can’t
be an executive office as the executive Power has been vested in a President of the United States
of America. The person elected to the Office of President by the Electoral College becomes
President of the United States of America without having to take an oath of office.
The United States Government Manual, the official annual handbook for what is called “the
Federal Government” in its Preface states that it “provides comprehensive information on the
agencies of the legislative, judicial, and executive branches.” The Manual lists the President of
the United States as the administrative head of the executive branch of the Government even as it
boldly cites Article II Section 1 of the Constitution: “[t]he executive Power shall be vested in a
President of the United States of America.” The Federal Government hopes you will continue to
ignore that the President of the United States and the President of the United States of America
are two different offices.
By now it should be obvious to anyone that has read this report; the Office of President of the
United States is not the same office as the President of the United States of America. Incessant
substitutions and repetition by government, schools and the media have caused the two different
offices to merge in one President and that President is collecting taxes for Congress and putting
people in prison for alleged violations of written law. In a sense, the Constitution does merge the
Office of President of the United States of America with the Office of President by amending the
Organic Law that created the United States of America. The Articles of Confederation declare in
antique yet still valid language: “The stile of this confederacy shall be “The United States of
America.” Just as the first Organic Law declares all men to be equal the second confirms all the
States of the United States of America to be equal, thus, the Articles were famous for not
permitting taxation of the people of the Union.
The Constitution of 1787 created a new Union of States called “The United States”
that was not yet equal to the States of the United States of America. The third Organic Law,
“The Northwest Ordinance of July 13, 1787,” recognized the Northwest Territory in Article 4 as
“a part of this Confederacy of the United States of America, subject to the Articles of
Confederation, and to such alterations therein as be constitutionally made.” The Constitution of
1787 made “such alterations” to such a degree that the Northwest Ordinance of July 13, 1787
was replaced by it. The Northwest Ordinance of July 13, 1787 remains as the third Organic Law
of the United States of America, but it is no longer useful to the United States Government, so
the Organic Law of that government is limited to the first and last Organic Laws. The
Government Manual confirms that the United States Government is limited to territory owned by
the United States of America, by the inclusion of only the Declaration of Independence and
Constitution of the United States as the Organic Law of the United States.
The Constitution of 1787 was ratified, but could never be adopted by the States of the United
States of America, as the territory of concern belonged to the United States of America. The
Constitution is Organic Law that is only applicable to territory and other property belonging to
the United States of America, so a State like New Hampshire could ratify the Constitution, but it
could not adopt it. The Constitution was created in secret and then arranged like a puzzle, so
only those who knew the code could really understand it. Adoption is one of those secrets.
None of the original thirteen states could adopt the Constitution because the Constitution was
meant to apply to territory and property that belonged to the United States of America.
Adoption by most of the States began after the Civil War; however, the government remained
broken because the President Elect continued to refuse to take the proper oath.
The Constitution makes no provision for the election or appointment to the Office of President of
the United States, so Washington used the authority of Article II Section 2 Clause 2 to appoint
himself President of the United States. The failure of the Senate to advise and consent to the
self-appointment initiated the creation of the United States Government presented in the
Government Manual. Every person elected by the Electoral College to the Office of President
has become President of the United States instead.
The President of the United States can collect taxes and the President of the United States of
America can't. The United States of America was formed by the ratification of the Articles of
Confederation by all thirteen original States. The ratification of the Constitution by nine States
created an executive officer for the United States of America. These Articles are part of the four
documents that constitute the Organic Law of the United States of America.
The United States Government Manual presents the limitations of the Government’s origins by
presenting only the two parts of the Organic Law that apply to the Federal Government—the
Declaration of Independence and Constitution. The Manual also places the federal tax
collectors, Internal Revenue Service, within the Treasury Department, which are both part of the
Administration of the President of the United States. The Manual confirms the statutory origin
of The Treasury Department as 31U.S.C. 301 and 301 note, but erroneously claims that The
Treasury Department was created on September 2, 1789. The actual statute, 1Stat 65, created a
Department of Treasury, whose Secretary of the Treasury was “to superintend the collection of
the revenue.” The Manual states that the “Office of the Commissioner of Internal Revenue was
established by act of July 1, 1862 (26 U.S.C. 7802).” Both the Secretary of the Treasury and the
Commissioner of Internal Revenue are appointed by the President of the United States with the
advice and consent of the Senate.
Article I Section 8 Clause 1 of the Constitution of September 17, 1787 grants to Congress the
power to lay and collect taxes:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to
pay the Debts and provide for the common Defence and general Welfare of the United
States; but all duties, Imposts and Excises shall be uniform throughout the United States.
How can the President of the United States, the Secretary of the Treasury and the Commissioner
of Internal Revenue collect taxes laid by the Congress of the United States, if they are of and in
the executive branch? Doesn’t the concept of the separation-of-powers restrict the executive
officer to the executive duties set out in Article II of the Constitution?
This report on the correct interpretation of the Constitution proves the President and Vice
President of the United States to be of, and in the legislative branch. The proof is quite simple.
Article II Section 1 Clause 1of the Constitution vests the executive power in “a President of the
United States of America,” provides for a term of four years for he and the Vice President and
then makes provision for their election by presidential Electors chosen by the States bound by
the Articles of Confederation. The same election selects the person, who is to fill the Office of
President, and whose eligibility for that office are determined by the qualifications found in
Article II Section 1 Clause 5. The fourteen year residency requirement anticipated that the
Constitution would not be adopted prior to July 4, 1790. The presidential Electors ignored the
July 4, 1790 date and elected George Washington to the Office of President on February 4, 1789.
As presiding officer of the Constitutional Convention, Washington could not ignore the
residency requirement, so according to plan on April 30, 1789 he took the oath to the Office of
President of the United States, an office without a definite term or any qualifications. His oath to
“faithfully execute the Office of President of the United States” made it impossible to also fill the
Office of President under the Constitution. The constitutional duties of the Office of President of
the United States serve the legislative branch and clearly make it impossible to fill the primary
“executive style office” under the Constitution. The States properly elected Washington to be
President of the United States of America under both the Articles of Confederation and
Constitution.
The first President of the United States, George Washington, thus became the first “federal” tax
collector. The word “federal” is a misnomer. The taxes imposed by the Congress of the United
States are not based on any so-called federal authority over the States. The basis of the taxes is
proprietary. In order to prepare the rest of the new central government that was made possible by
Washington’s self appointment to the Office of President of the United States, the Congress of
the United States enacted a new oath patterned after the oath in Article VI, but made compatible
with the oath of the President of the United States to “preserve, protect and defend” the assets of
the United States of America.
It was George Washington, not the Sixteenth Amendment to the Constitution that has made
today’s federal income tax possible. The Congress of the United States has always had the
proprietary power to make laws respecting any income made on the territory and other property
belonging to the United States of America. Only Washington had sufficient power, authority and
prestige to overcome the vigorous opposition of a certain segment of the American public living
in Western Pennsylvania. These farmers had a general opposition to taxation of what they knew
to be an unalienable right. Converting their grain crop to alcohol to solve a storage problem
created income on their property not on property belonging to the United States of America.
Only by pretending to be President under the newly ratified Constitution could Washington force
compliance with the first revenue statutes that would eventually result in the dreaded federal
income tax.
Combining the Office of President of the United States and the Office of President, which in turn
included the Office of President of the United States of America made it appear as if George
Washington had been made an American king. If anyone questioned the coronation of such an
American potentate, it could be laid to the will of the people. After all, they had approved the
new Constitution. George Washington was a virtuous man, who in the case of the excise on the
distillation of alcohol was not taxing all incomes just the income from the making of alcohol in
the United States. No one at that time was making a credible case be for general income taxation
of everyone in America. George Washington was the only man that the American people would
trust with the enforcement of any revenue laws the Congress of the United States might enact.
The power of the President of the United States to initiate a criminal prosecution against a person
has to account for the power of the Congress of the United States to tax practically anything it
wants. With the power of the President of the United States limited to the territory and other
property belonging to the United States of America, the rest of the country would inevitably
enjoy a Libertarian type government.
Article I Section 7 required George Washington’s approval of each Bill passed by the House of
Representatives and the Senate, because Washington was President of the United States.
Nowhere in the Constitution is the President of the United States charged with the duty of
enforcing the Bills he specifically approved or which were enacted despite his veto. Article II
Section 3 requires of the President that “he shall take Care that the Laws be faithfully executed,”
but the context does not make it clear if it is the President of the United States of America or the
President under the Constitution. It is clearly not the President of the United States. It would
have to be the President under the Constitution, if one can ever be found who will take the
Article VI oath “to support this Constitution.”
Democrat Party Vice President candidate Joe Biden, while debating Sarah Palin, inadvertently,
but correctly, placed the Vice President in Article I of the Constitution. Not surprisingly, the
Office of President of the United States is also first found there in the Constitution. Everything
the Constitution has to say about the office of President of the United States is found in Article I.
Everything, except the oath of office of President of the United States is found in Article I of the
Constitution. The oath of the President of the United States is found in Article II of the
Constitution along with everything the Constitution has to say about the President of the United
States of America and the Office of President.
George Washington, as presiding officer of the secret Constitutional Convention made certain
that the final draft of the Constitution was arranged so that taking the oath of President of the
United States would be perceived to bind Washington to the Office of President under “this
Constitution” and to be President of the United States of America under the Articles of
Confederation. Washington was able to take over the original Confederacy and the territory
ceded to the United States of America, because before Washington was elected to the Office of
President, he had been a national hero as Commander in Chief under the Continental Congress
and the Articles of Confederation. His election to the Office of President and his long
association with the United States of America facilitated public confusion when he took the
Office of President of the United States instead of the Office of President.
Election by the Electoral College is all that is necessary to qualify the President Elect to be
President of the United States of America under the Articles of Confederation, because the
Articles require no oath of office. When George Washington took the oath of Office of President
of the United States, he became a legislative officer capable of collecting taxes because he was
part of the legislative branch. Every President since Washington has followed this precedent and
has become a legislative Officer and President of the United States of America under the Articles
of Confederation. How can you tell them apart? They are known by the type of flag they fly.
Whenever the President is acting in the Office of President of the United States, the flag of the
United States will have a gold fringe and whenever the President is the President of the United
States of America the United States flag displayed will be without a fringe. Whenever a foreign
dignitary visits the White House and his or her flag is on display an un-fringed Old Glory will be
displayed.
The Congress of the United States was redundantly granted the power to tax the States of the
Northwest Territory in Article I Section 8 of the Constitution, as the Northwest Ordinance of
July 13, 1787 had already confirmed that proprietary power. Congress would exercise this
power to tax by exercising it as the legislative power every owner of property has. Every hotel
and motel room door has attached “house rules” that bind the guest staying in the room.
Congress has taken this idea to an extreme and seemingly created rules for every person and
piece of property in America. When the Northwest Territory was ceded to the United States of
America, the power to make laws, rules and regulations were also conveyed. This proprietary
power over the land owned by the United States of America was conveyed when the land was
sold to a private investor. The legislative powers found in Article I Section 8 of the Constitution
were retained by the Congress of the United States as long as the territory remained within the
Union formed and created under the Constitution, but as soon as a territory was admitted into the
perpetual Union of the Articles of Confederation the United States of America lost that
legislative power except as to territory where ownership and jurisdiction were expressly retained.
What is the biggest government secret? The legislative power of Congress is based on the
ownership of property not on some non-existent constitutional power.
The inherent legislative power in property rights was intentionally concealed in the Northwest
Ordinance of July 13, 1787 and the Constitution, so that it would appear that the Congress of the
United States had real legislative power over the people and their property in the several states.
Because even the smallest State was equal to the largest, the Confederacy had no power to tax by
legislation. The only tax permitted was a direct tax on land and buildings in each state collected
by the legislature of each State.
In the Constitutional Convention, Washington with Alexander Hamilton led a group of more
than fifty men who wanted to create a constitution that would empower a government with the
authority to tax Americans by legislation. To accomplish that they would have to create a new
Union called the “United States” comprised of territory ceded to the United States of America.
Their plan was to confuse the American public, so that it would accept this new Union
comprised of ceded territory as a replacement of the old United States of America under the
Articles of Confederation. History has shown that plan to have succeeded brilliantly. The
exclusive legislative power the Congress of the United States has over the territory and other
property belonging to the United States of America has been extended to every person in
America.
The secret of success of the Constitution as a manual for government is its flexibility. The
Preamble, which is not part of the Constitution, suggests that a group of people identified as “We
the People” have ordained and established it as a congregation would ordain a minister and
establish a church. States can ratify it and finally it can be adopted. All that is for naught if the
law it embodies is for a constantly shrinking territory. After the Constitution was ratified by the
ninth State, New Hampshire, on June 21, 1788, the States that had ratified the Constitution were
able to elect Representatives and Senators to attend the first session of the First Congress on
March 4, 1789. The first act of Congress was to cleverly change the oath required by Article VI
of the Constitution to achieve the Adoption referred to in Article II Section 1 Clause 5. The one
Officer, who can “Adopt” the Constitution and put it into play, never takes Office by swearing or
affirming “to support this Constitution.”
Washington does not take the Office of President to which he has been unanimously elected.
Washington takes the oath of Office of President of the United States and forever changes the
future of government in America. As will be proven here, the Constitution created a new Union
called the United States and the President of the United States takes an oath to “preserve, protect
and defend the Constitution of the United States.” From April 30, 1789, the date George
Washington takes the oath of Office of President of the United States, until sometime in the
future when a President Elect takes the Office of President, “this Constitution,” the written
document will only serve as guide as to how much the President and Congress of the United
States can get away with.
The old Union was a confederacy, a kind of government of States, where each State retains its
“sovereignty, freedom and independence, and every power, jurisdiction and right.” The
implicit purpose of the United States of America, with respect to the people of the states, was to
preserve, protect and defend the sovereignty, freedom, independence and God given rights of the
people in the states. The Articles of Confederation were good enough to beat Great Britain, but
in the opinion of George Washington and his cronies, known as the Founding Fathers, they had
to be repealed or replaced by a constitution that would allow the government to tax ordinary
people. The Articles of Confederation confirmed the sovereignty of the States to be States and
the inhabitants of the state to remain free. The United States, in Congress assembled could not
possibly have the power to legislate for the People of the State or the inhabitants within the state,
because such power would destroy the “sovereignty, freedom and independence, and every
power, jurisdiction and right” of the States of the United States of America.
Washington knew he and his friends could never get the Articles of Confederation repealed or
replaced, but he knew his friend Alexander Hamilton could make a new Constitution appear as if
it had repealed and replaced the old Articles of Confederation. The Founding Fathers, who knew
the plan, did such a good job that most people today think that the Articles of Confederation
were repealed and replaced by the Constitution.
The Articles of Confederation are part of four Organic Laws, so it is impossible for them to be
repealed and replaced. One of the Organic Laws, the Northwest Ordinance of July 13, 1787,
written about the same time as the Constitution, repealed a prior ordinance, so the Continental
Congress and the Framers of the Constitution knew what words must be used to repeal laws.
Those words can be found in the last sentence of the Northwest Ordinance of July 13, 1787.
Those words are found nowhere else in the Organic Laws.
On May 25, 1787 the Constitutional Convention met in secret and continued to meet in secret
until September 17, 1787, when the Constitution was given to the States for ratification by a least
nine States, which would confirm the continued viability of the Articles of Confederation.
Article VII of the Constitution establishes the Constitution between the nine States that ratify so
at that moment both the Articles of Confederation and this Constitution are still binding on those
States. Ratification of the Constitution by all thirteen States confirms what nine States could
accomplish under the Articles of Confederation. Under the Articles of Confederation nine States
could create a Committee of the States” that could conduct business while the United States, in
Congress assembled were not in session. The nine States under the Articles of Confederation
are the same as two thirds of the Senate of the United States.
The Constitution created a new Union comprised of the territory and other property belonging to
the United States of America in and without the original thirteen States, called the “United
States.” The Congress of the United States was to have the power to legislate for these United
States, but the States under the Articles of Confederation would remain as sovereign and
independent as they had been before or so it was made to seem, until the Federalists could show
the opposite.
George Washington was elected unanimously by the Electoral College to the Office of President,
which is identified in Article II Section 1 Clause 5. Pursuant to Article II Section 1 Clause 1, the
President of the United States of America is selected at the same time the person who fills the
Office of President by election by the Electoral College. George Washington was elected
unanimously on February 4, 1789, but he never took the Office of President. Instead, he became
the President of the United States by taking the oath for that Office and that has made all the
difference.
The Constitution prohibits diminishing the Compensation of the person who is elected to the
Office of President, but the Constitution says nothing about taxing what the President of the
United States is paid. Every federal income tax law has taxed the President of the United States
and all those who were liable for the tax paid what they owed. No President of the United States
who served during course of a federal income tax law has attempted to invoke Article II Section
1 Clause 7 to avoid the federal income tax, because they knew they were not qualified to claim
the protection. The President of the United States can only claim the compensation appropriated
by the Congress of the United States for the Office of President of the United States.
The Constitution says so little about the Office of President of the United States that it is true that
anyone can be President of the United States, if he could only be appointed. George Washington
was in an excellent position to be appointed because as President he could appoint the President
of the United States. Washington skipped the appointing process and went directly to the taking
of the oath of Office of President of the United States. There is still a chance for Hillary
Rodham Clinton to be appointed President of the United States, if she can rally her supporters to
demand her appointment by the President Elect, whoever that might be.
Washington was elected to the Office of President on February 4, 1789, too soon, but according
to plan. Article II Section 1 Clause 5 requires the person, who is to fill the Office of President to
be fourteen Years a resident within the United States. Counting from July 4, 1776 the Office of
President could not be filled until July 4, 1790. If Washington was caught taking the wrong oath,
he had this good excuse.
This is what the Constitution says about a person who wants to fill the Office of President:
No person except a natural born Citizen, or a Citizen of the United States, at the time of
the Adoption of this Constitution, shall be eligible to the Office of President; neither shall
any person be eligible to that Office who shall not have attained to the Age of thirty five
Years, and been fourteen Years a Resident within the United States. Article II Section 1
Clause 5
Why did the Constitution require fourteen Years and not twelve? The Constitutional Convention
was the mother of all conspiracies, so the fourteen Years requirement was there to provide
George Washington with an excuse for not taking an Article VI oath. The Constitution was a
frame up calculated to elect George Washington to the Office of President for which he would
not qualify “forcing” him to appoint himself President of the United States.
Washington in the first Inaugural Address, refused the constitutional Compensation provided for
any of the Services he might perform while in the Office of President. Hold your applause for
Washington’s generosity, he wanted everyone to think he had taken the Office of President, but
the last thing he wanted was the burden of having to be President and have “to support this
Constitution.” Before Washington could claim any Compensation under the Constitution for
performing the Office of President, he had to take the oath of Office for all executive Officers
prescribed in Article VI. George Washington would never take an oath “to support this
Constitution,” because he had already taken the oath for the Office of President of the United
States.
As the name of the tax implies, the income tax is a tax on the income directly subject to the
legislative power of the Congress of the United States. The second enactment of the new
Congress of the United States in 1789 was one for the purpose of raising revenue and the
Congress has never stopped such enactments. Everyone has missed the single most important
characteristic of each one of these enactments: each one was limited to the new Union, the
United States, territory and other property belonging to the United States of America. Of the
these Presidents: President of the United States of America, President and President of the
United States only the President of the United States is subject to taxation by the Congress of the
United States.
While the refusal to accept pay for performing the Office of President could have amounted to
the payment of a 100% income tax, Washington was not entitled to the Compensation for the
Office of President, since he had not taken the oath of Office of President. Washington had
taken this oath:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of
the United States, and will to the best of my Ability, preserve, protect and defend the
Constitution of the United States.”
Washington was not entitled to any compensation under the Constitution because he would never
take an oath that would bind him to support it and neither would anyone else. Congress enacted
legislation providing the President of the United States a yearly salary of $25,000 plus the use of
furniture at 1 Stat 72. This $25,000 was taxable by the Congress of the United States, because
the President of the United States was subject to the legislative power of Congress. The
President of the United States of America and President and everyone outside the new Union, the
United States, and under the protection of the Articles of Confederation, are beyond the
legislative power of the Congress of the United States.
Washington’s unanimous election to the Office of President by the Electoral College made him
President of the United States of America under the Articles of Confederation, which requires no
oath of office. Article VI of the Constitution, however, does require that “all executive and
judicial Officers, both of the United States and of the several States, shall be bound by Oath or
Affirmation, to support this Constitution.” Unlike the Office of President, the Constitution does
not require the person appointed to the Office of President of the United States to be a natural
born citizen or Citizen of the United States. Nothing prevents the appointment of an alien, a
woman, or a minor to the Office of President of the United States. The special oath for the
Office of President of the United States together with the provision that the President of the
United States is subject to an impeachment presided over by the Chief Justice makes the
President of the United States an officer and an employee of the Congress of the United States.
The special status of the President of the United States subjects him to the legislative power of
the Congress of the United States. As the employer of the President of the United States, the
Congress may reduce or increase his pay by legislative process, the President of the United
States not being an Article II Officer. Congress may tax the incomes of its own Officers and
employees by directly reducing their compensation and by an excise on the performance of a
public office measured by their income. By taking the oath of Office of President of the United
States, George Washington was doing more than just surreptitiously combining the legislative
Office of President of the United States with the Office of President and President of the United
States of America he was laying the basis for a tax on the performance of a public office that
would be fashioned into bogus, but collectible tax on the wealth of all the people.
George Washington destroyed the possibility of limited government in America by his
interpretation of the Constitution to permit him to appoint himself to the Office of President of
the United States. That interpretation allowed him to act as if he lawfully held all three Offices
of President: President, President of the United States and President of the United States of
America. That interpretation was no less than the establishment of a Presidential Dictatorship in
America and the federal income tax was an inevitable outcome. Every President elected to the
Office of President by the Electoral College has repeated George Washington’s maneuver
without having his excuse of not meeting the fourteen Years residency requirement.
How did Washington take the sovereignty of the people in the states and hand it over to the
politicians in Congress and the future Presidents of the United States? He read the Constitution
exactly as James Madison and others had written it and determined that he was not qualified for
the Office of President, because he had not been a Resident within the United States for the
required 14 years. Counting from July 4, 1776, Washington calculated that the Office of
President couldn’t be filled until July 4, 1790, so he appointed himself President of the United
States and the Senate confirmed him by not objecting to what he had done.
By taking the oath of Office of President of the United States, George Washington became part
of the legislative branch of the Government of the United States of America. The government of
the United States is without an executive, who has taken an oath of Office for the Office of
President, because that kind of government was intended from the beginning and that
government will remain a one branch government until a President Elect takes the Article VI
oath “to support this Constitution,” to end the confusion.
The oath of Office of President of the United States only appears “to support this Constitution.”
The Constitution creates a new Union comprised of federal territory. The term “Constitution of
the United States,” refers to the composition of the new Union not to a written Constitution. A
close examination will reveal that the written Constitution is referred to in each of the seven
articles as, “this Constitution.”
The most important history of the federal income tax is, therefore, not to be found in the
Sixteenth Amendment to the Constitution. Cynthia G. Fox, Chief of the Military and Civil
Records Unit of the National Archives and Records Administration, wrote in a magazine of the
NARA, Prologue: Selected Articles, Winter 1986, Volunteer 18, No.4:
What else do we know about the income tax? We were taught in school that the
Constitution as originally written did not include permission for the federal government
to levy direct taxes on individual citizens. To correct this deficiency the sixteenth
amendment was proposed and ratified on February 25, 1913, giving Congress the power
to tax incomes “from whatever source derived.” Many people believe that this was the
first income tax that Americans had to pay. However, the first income tax was actually
levied almost fifty-one years earlier by an act of Congress on July 1, 1862 (12 Stat. 432).
Granting the Congress the power to lay and collect taxes on incomes leaves Congress with the
burden of collecting the taxes it has imposed by legislation. The Constitution is just part of an
elaborate scheme cooked up by George Washington and his Masonic buddies to shake down
Americans. The President of the United States can collect these taxes because the President of
the United States is part of the legislative branch. The President of the United States, his
administration and the federal bureaucracy also supplies part of the tax base for the federal
income tax.
President of the United States Abraham Lincoln paid the income tax, but the Chief Justice Roger
Taney objected thinking the Supreme Court to be an Article III court. All federal judges
including the Supreme Court Justices now pay the federal income tax because they are all part of
the legislative branch not because all citizens must.
Everyone thinks the Sixteenth Amendment made the modern income tax possible, because it
appears to have something to do with the power of the Congress to tax the people’s power to
create wealth. The Sixteenth Amendment is being misread, because the punctuation of the
Amendment is being ignored. The Amendment is one sentence, so the period can be eliminated
from our investigation leaving us only the commas to account for.
Without the first two commas, the Sixteenth Amendment reads: “The Congress shall have power
to lay and collect taxes on income from whatever source derived without apportionment among
the several States, and without regard to any census or enumeration.” This is exactly how the
federal government reads it and how the IRS uses the Sixteenth Amendment in its attempts to
collect income taxes. Without its proper punctuation, the Sixteenth Amendment looks like an
anomaly, an unapportioned direct tax.
With the first two commas in place, the prepositional phrase: “from whatever source derived,”
modifies the power to lay and collect taxes on income. The primary function of comma is to
separate words that should not touch. Without a comma between “income” and “from,” the
income tax becomes, as Cynthia G. Fox believes, a direct tax that does not have to be
apportioned. George Washington made it possible to enslave Americans by removing the
protection of the Constitution and in doing so provided the source of Congress’s power to tax
incomes. Federal income tax collection methods are no more than a collection of forms
employing scary words set in capital letters strung together with sentence fragments suggesting
that the addressee is indebted to the new Union.
The November 4, 2008 election of a President of the United States of that Union promises to be
close. The candidates in that election have been disclosing their federal tax returns for years.
George Washington was unanimously elected to the Office of President on February 4, 1789. By
the simple act of taking the oath to the Office of President of the United States on April 30, 1789,
he made the federal income tax possible on July 1, 1862. We know that Abraham Lincoln paid
the federal income tax on his Compensation as President of the United States and that he never
took any other oath than the oath of Office of President of the United States. Ever since the
Sixteenth Amendment was ratified in 1913, the President of the United States has paid the
federal income tax on his compensation for services. What will you do this election now that
you are more knowledgeable on the issues than you have ever been? Wouldn’t you like Barack
Obama or John McCain to take the right oath and end the federal income tax?
George Washington’s honesty is a myth. Both the major 2008 presidential candidates have lied
to the people that’s the only way their election is possible. Washington could and did tell many
lies. To be President, President of the United States of America and President of the United
States he had to deceive all the American people. Today’s candidates will carry on the tradition
of deceit or one of them will do what is right. This election don’t let them believe that the oath
of Office of President of the United States is the oath of Office of President. Washington knew it
wasn’t. He knew the oath was near the middle of the Constitution for the purpose of limiting the
oath to what preceded it. He knew he couldn’t take the oath to the Office of President and the
oath to the Office of President of the United States, but he didn’t tell anyone what he was doing.
He didn’t tell a soul, because the Constitution prohibits the President from taking another Office
under the Constitution:
The President shall, at stated Times, receive for his Services, a Compensation, which
shall neither be increased nor diminished during the Period for which he shall have been
elected, and he shall not receive within that Period and other Emolument from the United
States, or any of them. Article II Section 1 Clause 7
President Elect Washington would have been President of the United States of America under
the authority of the Articles of Confederation and the President under the Constitution because
he was elected by the presidential Electors. By taking the oath of Office of President of the
United States, he managed a clean sweep of the three Offices of President. As if by magic,
George Washington now had the ability to extend legislative power beyond the government
District, the Northwest Territory to the States of the Confederacy. Just by taking a well placed
oath that stopped short of recognition of the real powers and responsibilities of the Office of
President, he would be able to act as if all the legitimate powers of three Offices had been
conferred on one man, George Washington.
Without Washington, the Office of President and the Office of President of the United States
would, today, be considered to be the two separate Offices they are and we would have limited
Libertarian government. Only George Washington had the fame and prestige that would arouse
no discernable suspicion, when he took an oath that was nothing like the simple oath required by
the Sixth Article “to support this Constitution.” Maybe Madison was the “master builder of the
Constitution, but it turned out to be a Trojan Horse George Washington used to claim America
and Americans for the developing corporate interests.
George Washington had taken dictatorial power, had broken the government and no one noticed.
No one would notice that George Washington made it possible for Abraham Lincoln to impose
the first federal income tax in 1862. The Civil War federal income tax was an excise on the
performance of a public office just as it is today. Abraham Lincoln and his Secretary of the
Treasury, Salmon P. Chase, paid the tax willingly and
Chase as Chief Justice of the U.S. Supreme Court went on to defend it in Congress’s highest
court.
The Constitution that was sent to the States for ratification by State Conventions made provision
in Article I for a local government limiting legislation and taxation to a small government
District, the Northwest Territory, other territory and property belonging to the United States of
America. Article II confirmed the existing Articles of Confederation Committee of States
executive power in a President of the United States of America under the still viable authority of
those Articles. That same President of the United States of America would also have authority
pursuant to the new Constitution for the United States of America, as occupant of the Office of
President. Article III established a Supreme Court to exercise the judicial power of the
Confederacy over the States relating to the powers they had delegated and those described in
Section 2.
Employing a strict interpretation of the Constitution, the person elected President by the
Electoral College would have to, first, take the Article VI oath “to support this Constitution”
before he could then appoint the President and Vice President of the United States. Those two
Officers would be limited to the duties imposed on them in Article I. George Washington’s
accomplices in the House of Representatives and Senate allowed once again the takeover of
people recently freed from one tyrant to be handed over to a new one. The American novelty is
that it has been done for two, four, and six-year terms for a total of 219 years.
The two Offices are undeniably separate offices. The “Office of President of the United States”
is mentioned twice. First, in Article I Section 3 Clause 5:
The Senate shall choose their other Officers, and also a President pro tempore, in the
Absence of the Vice President, or when he shall exercise the Office of President of the
United States.
Second, in Article II Section 1 Clause 8:
“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the
United States, and will to the best of my Ability, preserve, protect and defend the Constitution of
the United States.”
The one time the “Office of President” is mentioned in Article II Section 1 Clause 5 is for the
purpose of identifying the qualifications for the Office of President:
No person except a natural born Citizen, or a Citizen of the United States, at the time of
the Adoption of this Constitution, shall be eligible to the Office of President; neither shall
any person be eligible to that Office who shall not have attained to the Age of thirty five
Years, and been fourteen Years a Resident within the United States
The Constitution does not establish qualifications for the Office of President of the United States.
A term of four years is established for President of the United States of America and Vice
President, but no terms are prescribed for the President and President and Vice President of the
United States. The deception of Washington, Madison and Hamilton is hidden in plain sight in
the Constitution. Those who take the trouble to read the Constitution critically will be astounded
at what they find. Those who read it like a recipe from a cookbook mentally substituting the
Office of President with the Office of President of the United States will miss an opportunity to
learn the truth about State and federal government.
Washington was able to combine the two Offices by simply taking the oath of Office of
President of the United States, instead of the Article VI oath “to support this Constitution.”
Throughout the Constitution a distinction is made between “this Constitution” as a written
document and the Constitution of the United States as the territory to be governed by the new
Congress of the United States and President and Vice President of the United States. The
confusion of Presidents created by Madison’s writing of the Constitution let George Washington
take the Office of President without taking the proper oath. Washington and his cronies, the so-
called Founding Fathers managed to take over the federal government without firing a shot.
Historians credit George Washington and his cohorts with a brilliant coup d' etat unaware of how
the takeover was really achieved.
James Madison has been credited with a major part of the writing of the Constitution, however, it
was George Washington who presided over the Constitutional Convention and it was his
Machiavellian intervention that has undone constitutional government in America. In my view,
no man has done more to destroy individual freedom than George Washington yet he is lauded as
a great liberator and father of the country. There can be no doubt that he more than any other
person created the United States as a country. It is much too late to condemn him for what he
has done. A fitting tribute to the old Commander in Chief would be to award him the title:
Father of the Federal Income Tax.
We must waste no time in studying how he set into motion plans that transformed thrifty
Yankees in free spending tax paying consumers. His successors have continued those policies
and have avoided the constitutional prohibition against holding more than one Office by simply
asking that they be addressed as Mr. President. George Washington single handedly changed the
Constitution that provided for a government for the Northwest Territory and similar territory
within the original thirteen states consisting of a Congress of the United States and a President
and Vice President of the United States into the continually failing representative democracy of
today.
Once in the Office of President of the United States, Washington and the Congress of the United
States could begin to create a government for the United States, the new Union of federal
territory by the enactment of statute laws. Today, those laws are found in a United States Code
of 50 Titles. Because George Washington took the oath of Office of President of the United
States, he had no obligation or responsibility “to support this Constitution,” according to the oath
in Article VI.
There is no real Constitution limiting the federal government. Big federal government can bully
the State governments because State sales and income taxes are dependent on the existence of
federal territory within each State. The federal income tax sucks so much out of any State’s
economy that not even the largest State has been able to compete with Washington, D. C.
Without an oath to recognize the entire Constitution, the Constitution for the United States of
America remains just a piece of paper. George Washington never took an oath “to support this
Constitution,” and the precedent he set has continued without a break. No person elected by the
Electoral College has ever taken any oath other than the one that appears in the middle of the
Constitution.
Did George Washington permanently change the Constitution? Washington did not change
anything in the Constitution. He caused everyone to believe that there was a Constitution and he
was the one person who could be trusted to “preserve, protect and defend the Constitution of the
United States.” Washington proved that an elected President could appoint himself to be
President of the United States and was President of the United States of America by virtue of his
election to President, but that was his limit. No one can hold two Offices under any part of the
Constitution.
When Washington took the Office of President of the United States, the Office of President
under the Constitution became regularly and continually vacant. Washington refused to accept
the compensation paid to person holding the Office of President, so that acceptance of the
benefits of that Office would not bind him to the oath of that Office. Did Washington really
forego Compensation for the performance of a public office, the Office of President of the
United States? On September 24, 1789 Congress enacted Chapter XIX.—An Act for allowing a
Compensation to the President and Vice President of the United States. 1Stat 72. The
compensation of $25,000 per year was a statutory payment not one based on the Constitution.
All Presidents since George Washington have held the statutory office of president found in Title
3 of the United States Code. That Presidential statutory authority is represented by the official
residence of the President—The White House. The legislative branch has created an “executive
mansion” for its legislative/chief executive and President of the United States of America under
the Articles of Confederation. The Office of President of the United States is a true dictatorship.
There are no qualifications for that Office and there is no definite term of Office. Residence in
the White House is the accepted notice of retirement from the Office of President of the United
States. The old one leaves just as a new one moves in. Title 3 Section 20 of the United States
Code requires a written resignation delivered to the Office of the Secretary of State, so without a
written resignation a President of the United States never really leaves office.
The United States Supreme Court, as a statutory creation, does not establish nor can it represent
an independent third branch of government. Since Washington became the first President of the
United States, any and all “judicial” appointments have been made by a President of the United
States, who is not granted any power to appoint judicial officers. The President of the United
States is also President of the United States of America under the Articles of Confederation.
The courts that could be created pursuant to the Articles of Confederation were limited to issues
involved in captures and piracies on the high seas.
On the date of enactment, September 24th, Section 2 of the Judiciary Act of 1789 divided the new
Union, the United States into thirteen districts. The division of the United States into thirteen
districts, when only eleven States had ratified the Constitution, confirms that the United States,
as the new Union, consists of the territory and other property belonging to the United States of
America. Eleven of the districts were named for the States that had ratified and the remaining
two were named for Kentucky and Maine. On September 24, 1789, the territorial jurisdiction of
the United States district courts for the districts of Kentucky and Maine could only be territory
and other property belonging to the United States of America. The territorial jurisdiction of
those two courts would not change when Kentucky was admitted into the Union on June 1, 1792
and when Maine was admitted on March 15, 1820.
Today, the modern Constitution of the United States can be recognized in Chapter 5 of Title 28
United States Code, the Judiciary and Judicial Procedure. The territorial composition of the
district and divisions of the federal district courts are shown in Sections 81-131 of Chapter 5. In
those sections are found all names of the 50 States now in the Union created by the Constitution.
We know that the districts and divisions are composed of territory and other property belonging
to the United States of America, because Puerto Rico is the State identified in Section 119.
Puerto Rico is a “federal” State but not a State of the United States of America. Puerto Rico has
non-voting Representatives in Congress and no Senators in the Senate. Title 3 of the United
States Code specifically excludes Puerto Rico as a State. Washington, D. C. is a federal State,
but not a State of the United States of America.
The “one supreme Court” of Article III of the Constitution is ordained and established by the
ratification of the Constitution, which provides that the holder of the Office of President shall
appoint the Judges of the Supreme Court. The perpetual vacancy in the Office of President
caused by George Washington’s precedent setting refusal “to support this Constitution,” by
taking the proper oath of Office, has prevented the establishment of a real judicial court system.
The courts established pursuant to the Judiciary Act of 1789 can only be legislative courts
exercising “legislative power” derived from the proprietary authority over territory and other
property belonging to the United States of America. They cannot be independent judicial courts
exercising the judicial power of the United States of America, because, among other reasons, the
power of appointment of the Judges of the Supreme Court was granted to an Office of President
that has remained vacant for almost 220 years. The President of the United States it should be
noted appoints Justices not Judges to the Supreme Court.
What are the possibilities of error in my analysis of the constitutional provisions presented here?
My investigation can be easily confirmed by any computer word processing program. When one
searches for the Office of President of the United States of America, the computer will not find
the Office of President as a match and neither should you or anyone else. Similarly, the
computer will not lie and tell you that a Justice is a Judge. That finding should eliminate all
opinions of the federal courts. Purely legislative creations, all the federal courts including the
U.S. Supreme Court are without judicial authority.
The Constitution is the fourth Organic Law for the United States of America. The three Organic
Laws that predate the Constitution for the United States of America confirm that the
Constitutional Convention was bound by that Organic Law, so it had no choice but to create
limited government. Only by deception could the Constitutional Convention create the
constitutional vehicle by which the first President could rob Americans of their freedom. That
freedom can be easily reclaimed simply by demanding that the person elected by the Electoral
College take the oath “to support this Constitution,” or you can simply take your leave of the
worse parts of the new Union and re-establish the Articles of Confederation.
This is the truth and the truth has made me free. ~ Doug Herich
