Posted by MARTIN on September 19, 1998 at 04:07:14:
In Reply to: Re: Political rights of federal states are franchises, held as privileges posted by djf on September 19, 1998 at 02:23:30:
The noun 'state' and 'State' are differant words denoting two entirely different things.
The former (state) is general and used at law, while latter (State) is specific and denotes a created entity, i.e., a fictional res, i.e., a thing.
There have been two sets of States-states excluding the 'States in Free Association.'
The second set that were created after the 1861-65 war are the political subdivisions in the US CODE.
The States in Free Association are the so-called Federal Zone.
Japan is in a type of FEDERAL ZONE with our 50,000 troops and a constitution written to the approval of the Allied Forces.
Congress always had the power to define and punish offenses under the law of nations at Art 1 Sec. 8.
Read about the Roman Empire! It is back!
: And if you read the previous mentioned opinion, note the intro section: "The Gun Control Act of 1968 (GCA), 18 U. S. C. §921 et seq., establishes a detailed federal scheme governing the distribution of firearms. It prohibits firearms dealers from transferring handguns to any person under 21, not resident in the dealer's State, or prohibited by state or local law from purchasing or possessing firearms..." Very interesting capitalization of the word "state", is it not? Read FRCP 54(c) that tells you an "Act of Congress" is of municipal jurisdictional effect, not public law. So we do not disagree that there is such a thing as a federal "State", but I'm not in one.
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