During and after the Revolutionary War, European scholars noted that Americans were not only highly literate, but very knowledgeable about the "law" as well. Part of the reason for the legal literacy of those Americans is attributable to that magnificent work, Sir William Blackstone's Commentaries on the Laws of England, which was a best seller in the colonies. But the circumstances of Americans have changed over the last 200 years and today too many lack a working knowledge of the "law," and especially of "freedom law."
Current legal systems of justice across the world reflect not only the nature of the government in power, but also the people who live under and within such systems. For example, because of the dreadful governmental systems which rule in communist countries, draconian laws are used to govern and control the people. The societies controlled by these governments are composed of people lacking many essential social traits, first among which is knowledge essential to oppose tyranny and secondly the ability to control government. When the people lose their character and ability to resist and oppose abusive government, those types of governments arise and they reign until the people again acquire the love for freedom and desire to achieve it. The Israelites could not have been subjected to slavery by Babylon and Egypt if they had been freedom and liberty loving people.
The current legal system we have in America is the product of inherited legal systems as modified by the history of this country. Before our separation from England, the common law system had erected a form of social justice based upon the ancient customs of those peoples who sought and won their freedom from tyrannical English kings. The common law system controlled the estates and tenures of real property, crimes, civil wrongs, contracts and a wide variety of other legal matters. Because the common law worked so well and we were familiar with it, we adopted those fields of law after we achieved independence. However, we did not adopt the tyrannical form of government which King George found so pleasing, monarchy, an important feature of the common law.
Since the establishment of this country, the original and newly admitted states have adopted constitutional forms of government. While lots of these constitutions have similarities, there are differences. However all, including the federal government, have legislative assemblies which enact statutes, and those statutes have grown to an immense size. Further, we have created governmental agencies that publish rules and regulations which implement these statutes. Finally, courts sit every day adjudging criminal and civil cases and the published decisions of these courts constitute "stare decisis," which is a very important part of the "law." In short, the "law" we have in this country is composed of the many constitutions, statutes, agency regulations and court decisions which may be found in any well stocked law library. Consequently, the "law" has become very complicated.
Many today observe that our governments wish to enslave and subject us to tyranny. However, it must also be observed that the character of Americans is far different from that of the people who established this nation and many today lack the ability to resist abusive government, a trait in common with the ordinary citizen living under tyranny. Obviously by your visit to this web site, you are not among that class. The purpose of this site is to assist those who seek legal tools for the battle to restore liberty and freedom to this country.
Like Sam Irvin, I am nothing but a country, hillbilly lawyer who lives in Huntsville, Alabama, a southern town on the southern edges of the Appalachian Mountains. Socially, I find the company of "bubbas" more enjoyable and preferable than that of socialites. My one forte' is hard work and my burning desire is to locate and catalog the "freedom law" which Americans need to restore our liberties.
The briefs and other legal materials which you find here are those which cover subjects I believe are of interest to the concerned American. In reference to the "federal jurisdiction" materials, I first read tons of cases dealing with the issue and then compiled summaries of them; from that, I composed the brief utilizing only a small number of the researched cases. The money issue is one of my favorites, and I drafted the brief which appears here back in the early 80s. The brief regarding Fifth Amendment protection for personal financial records has its origins back in the early 80s and over time whenever I ran across a case which should be included, I simply inserted the cite. Such a procedure often results in a work which needs substantial "clean-up" to make it worthy of reading. The remaining briefs cover several different topics; I have also thrown in some of my working files which are nothing more than summaries of cases on a particular point of law. All of this material was originally created only for my own use and hence they are written in ordinary, everyday, working lawyer language, with no thought being given at the time of drafting that anybody would ever be reading them other than myself. I recognize that they need to be rewritten for public consumption, but I lack the time. Do not expect novels with intriguing plots.
I hope that this material is helpful to you and increases your knowledge and understanding of the law.
Lowell H. "Larry" Becraft, Jr.
I also must take a moment to mention something which is very troubling. There is no doubt that America is sliding down the slippery slopes to tyranny, but I also observe that the response of the people who desire to correct this situation is inadequate to oppose and reverse this potential ruin. All too often, I encounter those who are fighting against the federal income tax. Frequently, the story of these people is a repetitive, broken record, they all having followed the same easy routine. They read some books and attend a few meetings where taxes are discussed; they reach conclusions that they are not required to file tax returns and they stop doing so. In their mind, they have discovered the truth about this tax and consequently the battle is over and they need do nothing. These people utterly fail to realize that a battle is being raged over this precise issue and we certainly have not won yet. They also dislike getting their hands dirty with doing such things as supporting a local patriot organization. These people abhor associating with that great unwashed mass of commoners who think we must actually do something to save our country. Please take me at my word when I state that there are literally millions who think this way and yet call themselves "patriots."
Note about the "Freedom Movement":
These folks sit back and enjoy life just knowing that they cannot be touched or bothered by the IRS. But when the IRS acts, they suddenly realize that their personal beliefs or even letters will not stop the IRS; when this happens, they scurry about looking for another "silver bullet." These people are completely unprepared for law enforcement, either civil or criminal; in short, they are overwhelmed by law enforcement. This lack of preparation for predictable and anticipated contingencies is a major problem for the freedom movement.
But further, many of the beliefs held dear by these people have already been litigated by the pro se movement and lost. I have many calls where people tell me with an arrogant tone in their voice that "wages are not income" and they even have Supreme Court or even federal appellate court decisions which so state. I have looked for years and never found the decisions they mention, which incidentally they never send me when requested. When I mention the numerous cases where this issue has been lost (see the file, "Favorite Patriot Issues"), they act in disbelief. These people suddenly realize that their personal opinion is not reflected in the "law."
I could write a book about what we need to do but lack the time. However, I will observe that what is greatly needed in this movement is a counterpart to the ACLU, a patriot ACLU of whatever name. With this mechanism, when somebody with a good issue needs defending, a team can be sent in with the objective of winning. Imagine what we could do if we turned Dr. Edwin Vieira, the foremost authority on the money issue, loose to take on this extremely important issue. Imagine what we could accomplish if we built the correct cases which get tried by the best on our side.
If we are to win, the above suggestion is perhaps the only method we have left.