Subsection (c) of Rule 101 (“Title and Scope”) of the Texas Rules of Evidence reads as follows:

“(c)   Hierarchical Governance in Criminal Proceedings. –Hierarchical governance shall be in the following order: the Constitution of the United States, those federal statutes that control states under the supremacy clause, the Constitution of Texas, the Code of Criminal Procedure and the Penal Code, civil statutes, these rules, and the common law. Where possible, inconsistency is to be removed by reasonable construction.”

If you’ve read “The Organic Law of The United States of America” you know that this “Organic Law” includes four documents:

1)  The Declaration of Independence (A.D. 1776);

2) Articles of Confederation (A.D. 1781) which are the constitution of The United States of America;

3) Northwest Ordinance (A.D. 1787); and,

4) Constitution of the United States (first ratified and made effective by the People in A.D. 1788).

“The United States of America” (constituted by the Articles of Confederation in A.D. 1781) and the “United States” (constituted by the Constitution of the United States in A.D. 1788) are two different entities, “planes” or jurisdictions.

Note that the “Hierarchical Governance” described at Rule 101(c) of the Texas Rules of Evidence includes only one component of The Organic Law of The United States of America:  the Constitution of the United States.  This “Hierarchical Governance” does not include three of the four components of The Organic Law of The United States of America:  Declaration of Independence, Articles of Confederation, and NW Ordinance.

This omission may be of huge significance.

The Rules Of Evidence and virtually all of the other codes and rules of “Texas” (at least in relationship to “criminal proceedings” (which are actually, or at least probably, “penal” in nature)) are of the “United States” but not “of The United States of America”.

Written by: ALFRED ADASK – continue to ADASK’S LAW

By

2 thoughts on “Hierarchical Governance”

Leave a Reply