What is Positive Law?

Dr. Eduardo M. Rivera

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Too many Students are placing too much importance on the insignificance that Title 26 has not been enacted into positive law and not enough on the fact that all the Titles of the United States Code are written for the United States, the territory owned by or subject to the exclusive legislative power of the United States of America.  The four Organic Laws of the United States of America expressly limit written legislation and taxation to a United States territorial connection.   It necessarily follows that all laws and all taxation founded on the Declaration of Independence of July 4, 1776, the Articles of Confederation of November 15, 1777, the Northwest Ordinance of July 13, 1787 and Constitution of September 17, 1787 must be limited by those four supreme Organic Laws.  The Constitution of September 17, 1787 has a territorial component and that territory is determined by the Northwest Ordinance of July 13, 1787.

Titles 1, 3 and 4 have all been enacted into positive law and all of them can be read in a few hours.  Each of  these Titles can be used to easily prove federal law is limited to  the territory owned by or subject to the exclusive legislative power of the United States of America.

Black’s Law Dictionary 4th Ed. defines positive law as, “Law actually and specifically enacted or adopted by proper authority for the government of an organized jural society.”

The four organic laws of the United States of America are examples of supreme positive law.  The Declaration of Independence of July 4, 1776 expresses in exact terms the conditions under which a free people governed by a monarchy may declare themselves free of that government and its positive laws, because they are free pursuant to the “negative laws” of  the “Laws of Nature and of Nature’s God” the Ten Commandments.”   The Articles of Confederation of   November 15, 1777 secure for the people of the Confederacy, the United States of America, their right to be free of the positive law of the States of  the Confederacy and future laws  of the 1787 Union.  The Northwest Ordinance of July 13, 1787 confirmed the power and authority of the Confederacy to temporarily make positive laws and impose taxation on the settlers and inhabitants of the territory owned by or subject to the exclusive legislative power of the United States of America.  The Constitution of September 17, 1787 allowed George Washington to make the positive laws of  Northwest Territory, now known as the “United States,” appear to apply to the entire Confederacy by combining the Offices of  President of the United States and President of the United States of America in himself.

The First Congress convened in New York City on March 4, 1789 and began enacting, as positive law, the statutes at large for the “United States,” the territory owned by or subject to the exclusive legislative power of the United States of America. The enacting clause adopted by the First Congress: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,” has remained the same to the present   and it clearly expresses the character of the government, the Confederacy of the United States of America, and the true nature of the governed dependent jural society, the “United States.”

The statutes at large were revised into what are known as the Revised Statutes of the United States, which you will recognize in its abbreviated form, Rev. Stat. in specific section references in the 1894 and 1913 federal income tax laws.   The Revised Statutes of the United States were enacted into positive law in 1874 and 1878 and replaced beginning in 1926 by the current United States Code.

What is positive law?  It is merely written law for a society which submits to domination by a smaller law writing group claiming superior authority or power.

The law embedded in the human soul as “Thou shall nots” is not taught in any traditional law school and it needn’t be.   It is absolutely critical for everyone to learn how to keep separate the two forms of law and how to limit written law to a specific territory.     My “Basic Course in Law and Government” is the only legal instruction that separates written and unwritten law and puts written law in its proper place.  To get a complete set of the Organic Laws of the United States of America, contact me at edrivera at symbol edrivera dot com and I will, also, tell you how you can try the $500 Course for $50.

 

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