The "POSITIVE" LAW

All of the laws of the United States have been codified into what is called the United States Code (USC). There are 50 Titles within the Code. The Titles that are passed into "positive" law are the "all encompassing" Law of the nation and can be legitimately used as "evidence" of statutory violations that result in formal "charges" against persons in our society.
THE FIFTY TITLES * Title 1 General Provisions and Judicial Procedure Title 2 The Congress * Title 3 The President Lands and Mining * Title 4 Flag and Seal, Seat Of Finance Government, & the States Guard * Title 5 Government Organization and Navigable and Employees Title 6 Surety Bonds (repealed-Title 10) (repealed Title 31) Title 7 Agriculture Title 8 Aliens and Nationality Societies and * Title 9 Arbitration Observances * Title 10 Armed Forces Allowances Of the * Title 11 Bankruptcy Services Title 12 Banks and Banking Benefits * Title 13 Census Service * Title 14 Coast Guard Buildings, Property, and Title 15 Commerce and Trade Title 16 Conservation Contracts * Title 17 Copyrights Health and Welfare * Title 18 Crimes & Criminal Procedure Title 19 Customs Duties Printing and Documents Title 20 Education Title 21 Food and Drugs * Title 28 Judiciary Title 29 Labor Title 30 Mineral * * Title 31 Money and Title 32 National Title 33 Navigation Waters Title 34 Navy * Title 35 Patents Title 36 Patriotic

Title 37 Pay and Uniformed

* *

Title 38 Veterans' Title 39 Postal Title 40 Public Works Title 41 Public Title 42 The Public

Title 43 Public Lands Title 44 Public Title 45 Railroads Title 46 Shipping

Title 22 Foreign Relations and Telephones, and Intercourse Radiotelegraphs * Title 23 Highways and Insular Title 24 Hospitals and Asylums Possessions Title 25 Indians Transportation Title 26 Internal Revenue Code National Defense Title 27 Intoxicating Liquors

Title 47 Telegraphs,

Title 48 Territories

Title 49 Title 50 War and

The Positive Laws are marked with an asterisk. The fact that only positive laws have general public effect can be seen to be true if one reviews Title 1 USC Section 204, which states: 1 USC 204 Codes ... As Evidence Of The Laws... 1 USC 204. Codes and supplements as evidence of the laws of United States and District of Columbia; citation of Codes and supplements. (a) United States Code .... Provided, however that whenever titles of such Code shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all courts of the United States, the several states, and the territories and insular possessions of the United States. (emphasis added)

Each Title that has been passed into positive law records and indicates such passage within the Title itself. All persons living under the laws of the United States are bound by the "positive" laws in the Titles of the U.S. Code, whereas those Titles that are not passed into positive law are limited in application to specific classes of persons and places because the Federal governement does not have criminal jurisdiction over all people (sovereigns) or places (States), for ALL matters. Title 26, the Title containing the I.R. Code, has never been passed into Positive Law and therefore does not apply to all people. Who does this Title actually apply to then, if NOT all people? Well, for starters, Foreigners under the constitutional jurisdiction over them given to the federal government, and, who else: Title 44 USC 1505 sheds some light on this issue.

Due Process of Law

In America, all persons are entitled to the due process of law under the 5th Amendment of the Constitution of the United States of America. It states: No person shall ; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

And what have the Courts said about the Due Process requirements ?
"The essential elements of due process of law are notice and opportunity to defend;" Simon v. Craft, 182 U.S. 427, 436, 21 SUP. CT. 836, 45 L. ED 1165 Due process in administrative hearings includes a fair trial conducted in accordance with fundamental principles of fair play and applicable procedural standards established by law, and administrative convenience or necessity cannot override this requirement. Russell-Newman Mfg. Co. v. N.L.R.B., C.A. Tex 1966, 370 F2d 980

Due process requires that when government adjudicate or make binding determinations which directly affect legal rights of individuals, they use procedures which have traditionally been associated with judicial process. Amos Treat & Co. v. Securities & Echange Commission, 306 F2d 260 (1962), 113 US App. D.C. 100 Although administrative agencies may be relieved from the observance of strict common law rules of evidence, their hearings must still be conducted consistently with fundamental principles which are intrinsic to due process of law. Southern Stevedoring Co. v. Voris, C.A. Tex 1951, 190 F2d 275 Administrative due process requires:
(1) opportunity to be heard. (2) due notice of hearing (3) fair conduct of hearing (4) support in record for decision (5) submission of proposed findings and tentative report (6) opportunity to file and to be heard upon exceptions to the report

Ideal Farm, Inc. v. Benson, D.C. N.J. 1960, 181 F Supp 62, affirmed 288 F2d 608, Certiorari denied 83 S Ct 1087, 327 US 965, 10 Led2d 128 The requirement of fair trial is binding on administrative agencies as well as on the courts U.S. v. Brad, D.C. Cal 1968

The fair hearing essential to meet minimal requirements of due process includes not only rudimentary fairness in conduct of hearing when and where held, but also reasonable fair opportunity to be present at time and place fixed to cross-examine any opposing witnesses, to offer evidence, and to be heard at least briefly in defense. Jeffries v. Olsen, D.C. Cal 1954, 121 Fsupp 163 A full hearing is one in which ample opportunity is afforded to all parties to make, by evidence and argument, a showing fairly adequate to establish the propriety or impropriety, from the standpoint of justice and law, of the step to be taken. Boston and M.R.R. v. U.S., D.C. Mass. 1962, 208 Fsupp 661 Agencies have latitude to expedite hearings in the public interest and to dispense with evidentiary hearings in view of the nature of questions raised after a notice of action is requested, but an agency cannot act on mere inspection of a file without giving notice and opportunity to request a hearing, except in a narrow class of real emergency cases. Pennsylvania Gas & Water Co. v. Federal Power Commission, 427 F2d 568 1970, 138 U.S. App. D.C. Under the Adminstative Procedures Act, the proponent of a rule or order has the burden of proof. Burden of proof means going forward with the evidence. Bosma v. U.S. Dept. of Agriculture, C.A. 9, 1984, 754 F2d 804
"Due process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of controverting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law." Black's Law Dictionary 500 (6th ed. 1990); accord, U.S. Department of Agriculture v. Murry, 413 U.S. 508 [93 S.Ct. 2832, 37 L.Ed.2d 767] (1973); Stanley v. Illinois, 405 U.S. 645 [92 S.Ct. 1208, 31 L.Ed.2d 551] (1972) "To rely upon conjecture, either in favor of or against the accused, is not justice. It is not due process of law by any definition." Haley V. Ohio, 332 U.S. 596 (1948)

The Courts and the judges are choosing to ignore these facts of law and rulings, which they are aware of, but which they will not address, They pay lip service to these words, but their revenue related rulings and decisions have ignored them, and are obviously more concerned with an expansion of the unauthorized agenda of an expansion of the federal government and its powers, into unauthorized areas of our lives. The courts have no authority to create new laws or legislation, or to re-write by interpretation the existing laws, changing them from what they actually say. to something else, simply because the courts deem those laws susceptible of improvement, or lacking specificity or clarity (according to the court's "mindset" of universal application).

The Administrative Procedures Act also requires due process be provided. The provisions of this Act apply to ALL government agencies, including the IRS. Title 5 U.S.C. 556, part of this Act, states:

556. ...Burden of Proof..., ...

(c) Subject to PUBLISHED rules of the agency and within its powers, employees presiding at hearings may, ....

(d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. ... (emphasis added)

and 5 U.S.C. 558 states:

558. ... Imposition of sanctions...,

(a) This section applies, according to the provisions thereof, to the exercise of a power or authority.

(b) A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law.