Professional Documents
Culture Documents
My Future Plan:
The American Common Defence
Review will be a non-profit
organization with its own hybrid
news, commentary, and policy
analysis magazine taking an
absolute no compromise position
on gun control legislation and we
will not stand for any United
Nations attacks on our Bill of
Rights!
Donations Desparately
Needed for my Second
Amendment case!
This case takes more money to fight
than I can earn as a merchant seaman.
Please send
U.S. Postal Money Orders or Certified
Bank Drafts (No personal checks) to:
Don Hamrick
5860 Wilburn Road
Wilburn, Arkansas 72179
Is it Common Defence -or- National
Defense?
Questions for the Jury to Answer
Executiv Legislativ
Policy e
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Implementati Judicial Interpretati
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Vertical Separation of
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UNITED STATES – Horizontal Separation
Powers
Enforcement
Executiv Legislativ
Policy
Powers
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Implementati Judicial Interpretation
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STATE – Horizontal Separation of
Powers
Firearms
¶ 45. The carrying and use of firearms for
personal protection or protection of a ship is
strongly discouraged.
¶ 46. Carriage of arms on board ship may
encourage attackers to carry firearms
thereby escalating an already dangerous
situation, and any firearms on board may
themselves become an attractive target
for an attacker. The use of firearms
requires special training and aptitudes
and the risk of accidents with firearms
carried on board ship is great. In some
jurisdictions, killing a national may have
unforeseen consequences even for a
person who believes he has acted in self
American Merchant Seamen in Harm’s
Way
By Don Hamrick
© 2004 Don Hamrick
87 C.J.S. § 6. Generally
Effect of War.
Article 49 - Fraud
A State or an international organization induced to
conclude a treaty by the fraudulent conduct of a
negotiating State or a negotiating organization may
invoke the fraud as invalidating its consent to be bound
by the treaty.
Vienna Convention on the Law of Treaties
between States and International
Organizations or between International
Organizations 1986
Article 53
Treaties conflicting with a peremptory norm of
general international law (jus cogens)
of the treaty.
2.Unless in a case falling under paragraph 1 (a) the treaty
otherwise provides, the parties in question shall notify the
other parties of their intention to conclude the agreement
and of those provisions of the treaty the operation of which
they intend to suspend.
Vienna Convention on the Law of Treaties
between States and International
Organizations or between International
Organizations 1986
Article 59
Termination or suspension of the operation of a
treaty implied by conclusion of a later treaty
1.A treaty shall be considered as terminated if all the
parties to it conclude a later treaty relating to the same
subject matter and:
(a) it appears from the later treaty or is otherwise
established that the parties intended that the matter
should be governed by that treaty; or
(b) the provisions of the later treaty are so far
incompatible with those of the earlier one that the
two treaties are not capable of being applied at the
same time.
2.The earlier treaty shall be considered as only
suspended in operation if it appears from the later
treaty or is otherwise established that such was the
intention of the parties.
Vienna Convention on the Law of Treaties
between States and International
Organizations or between International
Organizations 1986
Article 60
Termination or suspension of the operation of a
treaty as a consequence of its breach
1. A material breach of a bilateral treaty by one of
the parties entitles the other to invoke the breach as a
ground for terminating the treaty or suspending its
operation in whole or in part.
Vienna Convention on the Law of Treaties
between States and International
Organizations or between International
Organizations 1986
2. A material breach of a multilateral treaty by one of
the parties entitles:
(a) the other parties by unanimous agreement to
suspend the operation of the treaty in whole or in
part or to terminate it either:
(i) in the relations between themselves and the
SECTION 4. PROCEDURE . . . .
The U.N. Charter
Chapter I: Purposes and Principles
Article 2 - The Organization and its Members, in
pursuit of the Purposes stated in Article 1 [The
Purposes of the United Nations], shall act in
accordance with the following Principles.
Clause 7 - Nothing contained in the present
Charter shall authorize the United Nations to
intervene in matters which are essentially within
the domestic jurisdiction of any state or shall
require the Members to submit such matters
to settlement under the present Charter; but
this principle shall not prejudice the
application of enforcement measures under
Chapter VII [ ACTION WITH RESPECT TO
THREATS TO THE PEACE, BREACHES OF THE
PEACE, AND ACTS OF AGGRESSION].
Prevent, Combat and Eradicate the Illicit
Trade in Small Arms and Light Weapons in
All Its Aspects
(UN Doc. A/CONF.192/15) [VIOLATES THE U.N.
CHARTER]
II. Preventing, combating and eradicating
the illicit trade in small arms and light
weapons in all its aspects
1. We, the States participating in this Conference,
bearing in mind the different situations, capacities and
priorities of States and regions, undertake the following
measures to prevent, combat and eradicate the illicit
trade in small arms and light weapons in all its
aspects:
At the national level
2. To put in place, where they do not exist, adequate
laws, regulations and administrative procedures to
exercise effective control over the production of small
arms and light weapons within their areas of jurisdiction
and over the export, import, transit or retransfer of such
weapons, in order to prevent illegal manufacture of and
illicit trafficking in small arms and light weapons, or
their diversion to unauthorized recipients.
The U.N. Charter
Chapter I: Purposes and Principles
Article 2 - The Organization and its Members, in
pursuit of the Purposes stated in Article 1 [The
Purposes of the United Nations], shall act in
accordance with the following Principles.
Clause 7 - Nothing contained in the present
Charter shall authorize the United Nations to
intervene in matters which are essentially within
the domestic jurisdiction of any state or shall
require the Members to submit such matters
to settlement under the present Charter; but
this principle shall not prejudice the
application of enforcement measures under
Chapter VII [ ACTION WITH RESPECT TO
THREATS TO THE PEACE, BREACHES OF THE
PEACE, AND ACTS OF AGGRESSION].
Controlling Federal
Laws
The Posse Comitatus Act
UNITED STATES CODE
Title 18 – Crimes and Criminal Procedure
Part I – Crimes
Chapter 67 – Military and Navy
18 U.S.C. § 1385 Use of Army and Air Force as Posse
Comitatus
Whoever, except in cases and under circumstances
expressly authorized by the Constitution or Act of
Congress, willfully uses any part of the Army or the Air
Force as a posse comitatus or otherwise to execute
the laws shall be fined under this title or imprisoned
not more than two years, or both.
The Militia
UNITED STATES CODE
Title 10 – Armed Forces (Subtitle A - General Military Law)
Part I – Organization and General Military Powers
Chapter 13 – The Militia
10 U.S.C. § 311. Militia: Composition and Classes
(a) The militia of the United States consists of all
able-bodied males at least 17 years of age and,
except as provided in section 313 of title 32, under
45 years of age who are, or who have made a
declaration of intention to become, citizens of the
United States and of female citizens of the United
States who are members of the National Guard.
(b) The classes of the militia are –
“We the People are the rightful masters of both Congress and
the courts, not to overthrow the Constitution, but to overthrow
the men who pervert the Constitution.”
Case Law
Arkansas Case Law