BUSTED - A Whistleblower's Guide to the War on Drugs is a new book about the illegality of America's war on drugs. True to its title, BUSTED - A Whistleblower's Guide to the War on Drugs, the book exposes America's drug war as the misguided and false enforcement of drug laws, which laws are actually written to secure people's substantive, natural and legal rights. True to its subtitle, Drugs Are Legal In America's Republics, it explains exactly why drugs are lawful under America's 51 republics. Suffice here to say that they are legal or lawful because statutory law, administrative law, case law, common law, constitutional law and natural law all say they are. All the laws say that drugs are legal in America except those laws that apply in the federal areas, such as the District of Columbia. The laws that operate in America's republics secure the natural right of drug possession for individuals and they secure the legal right for drug dealers to be regulated. All drug dealers are owed administrative due process. Because this due process is administrative, it is to be performed in the executive branch. Due to the separation of powers doctrine, this precludes criminal prosecution in the judicial branch for drug dealing, over which the judicial branch has no subject matter jurisdiction. While BUSTED - A Whistleblower's Guide to the War on Drugs is a law book about the illegal and asinine war on drugs, it is an especially good introduction to legislative and subject matter jurisdiction, to criminal and administrative law, and to the role that natural law plays in the republican form of government. In addition to finally learning how America's drug laws work, readers will also:
Learn the meaning of a republican form of government.
Learn about the rights and duties of citizenship within America's republics.
Learn about the rights and duties of foreigners within America's republics.
Learn that both the U.S. government and U.S. citizen fathers confer U.S. citizenship, though separately.
Learn that the United States operate as republics.
Learn that Congress has a duty to legislate toward the states as a republic.
Learn that one of Congress' republican powers is to regulate interstate commerce.
Learn that Congress (as a republic) regulates interstate commerce just as the states (as republics) regulate intrastate commerce.
Learn that regulation does not mean criminal prohibition.
Learn that regulation operates under the equity jurisdiction.
Learn that criminal prohibition operates under law.
Learn that the equity jurisdiction has no criminal authority.
Learn that the law jurisdiction of judicial courts has all the criminal power in America's republics.
Learn that judicial courts require cases or controversies to establish subject matter jurisdiction.
Learn that there are two sources of duty and authority in America's republics.
Learn that these two sources of duty exist within, and are recognized by, the U.S. constitution as well as most American state constitutions.
Learn that judicial courts enforce all duties respectively in one of their two judicial jurisdictions, i.e., law or equity.
Learn the meaning of citizen of the United States.
Learn the meaning of natural born Citizen.
Learn who has plenary jurisdiction over natural citizenship.
Learn who has plenary jurisdiction over foreigners and naturalized citizenship.
Learn that U.S. citizens exercise power either directly (personally) or indirectly (by delegation).
Learn that U.S. citizens have delegated some, but not all their power to their governments.
Learn about the territoriality of legislative – and thus criminal – jurisdiction.
Learn that within the border of the United States, there exists 52 legislative sovereigns.
Learn that within the border of the United States, there are 53 separate criminal jurisdictions.
Learn that federalism, which is the proper relationship of states to the U.S. government, is based upon the principles of the territoriality of legislative jurisdiction and upon the separation of state powers from U.S. powers.
Learn that Congress has criminal authority within the United States only over a handful of crimes relating to its constitutional powers, which are enumerated in Article I, Section 8 of the U.S. constitution.
Learn that these criminal powers within the states apply to counterfeiters, felons on the High Seas, offenders against the Laws of Nations, pirates, offenders of the U.S. mail privilege, and other offenders against the U.S.
Learn that because criminally prohibiting drug commerce is not one of Congress' enumerated powers, then drug commerce is not a federal enumerated crime
Learn that, otherwise, Congress enacts criminal legislation only for the federal areas.
Learn that this is why the U.S. criminal code, i.e., Title 18 United States Code, which is predominantly municipal legislation, predominantly applies only in the federal areas, and not within the states.
Learn that because most criminal jurisdiction is territorial, then most crimes that occur within the states are subject to states' criminal law jurisdiction.
Learn that slavery is the only commercial activity that is constitutionally prohibited, and that it is a state crime.
Learn that, for various reasons, it is possible that slavery is not constitutionally prohibited in the federal areas.
Learn that, otherwise, the states and Congress regulate all commercial activity within and between the states.
Learn that the U.S. Supreme Court wrote that police power as it it applies to commerce is regulatory, not prohibitory.
Learn that both the U.S. and the states' Controlled Substances Acts only regulate drug dealing within the states, and do not criminally prohibit it there.
Learn, however, that this regulatory power includes the powers to investigate, to confiscate and enjoin disfavored commerce, such as unwanted drug dealing.
Learn that under Congress' authority to regulate drug commerce within the states, the U.S. Attorney General and the DEA have authority to seize contraband and enjoin future drug commerce, but not the power to criminally prosecute the purveyor.
Learn that such equitable remedies are the extent of a republic's power over unwanted commercial activity because commerce operates in non-criminal equity
Learn that Congress' municipal criminal authority over the federal areas is not republican in form or nature.
Learn that Congress' municipal criminal authority in the federal areas is assigned to either Article I or Article III courts, not just Article III judicial courts.
Learn that the subject matter jurisdiction of these Article I courts does not appear to be limited to the case and controversy requirement of Article III courts.
Learn that, therefore, Congress legislates in two capacities, i.e., as a republic with regard to the states and as a non-republic with regard to the federal areas.
Learn that because Congress legislates in two capacities, then the U.S. Controlled Substances Act has provisions that are written in both of Congress' sovereign capacities, relating to two different territories.
Learn that the regulatory provisions of the U.S. CSA are republican in nature and apply to interstate drug commerce, and that the criminal provisions are non-republican in nature and apply only in the federal areas.
Learn that to read the U.S. CSA properly, one must know in which of the two territorial areas, i.e., the states or the federal areas, that each provision operates
Learn about the subject matter jurisdiction of judicial courts.
Learn how subject matter jurisdiction is constitutionally assigned within a republic and legislatively assigned within a non-republic
Learn about the judicial and administrative equity jurisdictions over commerce.
Learn that drug commerce is subject to the equity jurisdiction, not to the criminal law jurisdiction.
Learn that drug commerce is regulated, not criminally prohibited in America's republics.
Learn about the proper separation of government's powers.
Learn about procedural and substantive due process.
Learn about equal protection.
Learn about the jurisdiction of America's four above-mentioned sovereigns.
Learn about the natural law and positive law jurisdictions of republican constitutions.
Learn the differences between substantive, natural and legal rights.
Learn that unalienable natural rights include natural political rights.
Learn that natural born Citizens exercise natural political rights.
Learn about the exhaustion of administrative remedies doctrine.
Learn about the constitutional definition of crime and citizenship according to natural law.
Learn the rights of citizenship compared with the privileges of foreigners.
Learn the reason for marriage in a republic.
Learn who has primary jurisdiction over crime.
Learn that the U.S. Supreme Court has upheld Congress' power to regulate drug commerce within the states but not its authority to put people in jail over it.
Learn about the meaning and significance of the 13th and 14th Amendments.
Learn the judicial effect of the 18th and 21st Amendments.
Learn about the organization and effect of the Controlled Substances Act.
Learn how the CSA was written in a tortured manner so as not to be understood by government officials.
Learn the meaning of case, crime, offense, felony and misdemeanor in state and the U.S. constitutions.
Learn that state licensing of an activity in equity, such as licensing the selling of drugs or guns, is governments' admission that these activities are not crime (because republican governments cannot license people to commit crimes).
Learn that state CSAs do not differentiate powers granted to the equity jurisdiction from those powers granted to the law jurisdiction, or do not differentiate powers granted to the judicial branch from those granted to the executive branch, so that a reader must know a priori the distinctions between the powers of equity and law, and between judicial and administrative power, to properly read the state CSAs.
Learn that the U.S. CSA does not distinguish the provisions applicable in the federal areas from those applicable within republican states, so that a reader must know a priori the distinctions between Congress' republican power within the states and its plenary powers over the federal areas in order to properly read the U.S. CSA.
Learn how, because drug commerce is regulated and not criminally prohibited within America's republics, the state and federal CSAs work in conjunction with state and federal administrative procedures acts to render commercial justice.
This book is a must read for all criminal lawyers, government attorneys and law students.