{"id":2092,"date":"2020-12-17T23:36:29","date_gmt":"2020-12-17T23:36:29","guid":{"rendered":"http:\/\/www.pauljjhansen.com\/?p=2092"},"modified":"2020-12-17T23:36:29","modified_gmt":"2020-12-17T23:36:29","slug":"court-of-claims-us","status":"publish","type":"post","link":"http:\/\/www.pauljjhansen.com\/?p=2092","title":{"rendered":"Court of Claims, US"},"content":{"rendered":"

(Comment by Hansen – the below was sent me by a friend, I have not reviewed all of it but it looks of value.<\/span>)<\/p>\n

“In 1887, Congress passed the\u00a0Tucker Act<\/a>\u00a0(24\u00a0Stat.<\/a>\u00a0505<\/a>), which further restricted the claims that could be submitted directly to Congress and required the claims instead to be submitted to the Court of Claims. It broadened the court’s jurisdiction so that “claims founded upon the Constitution” could be heard. In particular, this meant that monetary claims based on\u00a0takings<\/a>\u00a0under the\u00a0eminent domain<\/a>\u00a0clause of the\u00a0Fifth Amendment<\/a>\u00a0could be brought before the Court of Claims. The Tucker Act also opened the Court to tax refund suits.<\/p>\n

Depredations against American shipping committed by the French during the\u00a0Quasi-War<\/a>\u00a0of 1793 to 1800 led to claims against France that were relinquished by the terms of the\u00a0Treaty of 1800<\/a>. Since the claims against France were no longer valid, claimants continually petitioned Congress for the relief that had been waived by the treaty. Only on January 20, 1885, a law was passed, 23 Stat. 283, to provide for consideration of the matter before the Court of Claims. The lead case,\u00a0Gray v. United States<\/i>, 21 Ct. Cl. 340, written by Judge John Davis, includes a complete discussion of the historical and political circumstances that led to the hostilities between the United States and France and their resolution by treaty. The cases, termed “French Spoliation Claims”, continued in the court until 1915.<\/p>\n

In 1925, Congress changed the structure of the Court of Claims by authorizing the Court to appoint seven commissioners who were empowered to hear evidence in judicial proceedings and report on findings of fact. The judges of the Court of Claims would then serve as a board of review for the commissioners.<\/p>\n

In 1932, Congress reduced the salary of the judges of the Court of Claims as part of the Legislative Appropriation Act of 1932.\u00a0Thomas Sutler Williams<\/a>\u00a0was one of the judges of the Court, and he sued the federal government by claiming that his salary could not be cut because the Constitution had specified that judicial salaries could not be reduced. The Supreme Court ruled on\u00a0Williams v. United States<\/i>\u00a0in 1933, deciding that the Court of Claims was an\u00a0Article I or legislative court<\/a>\u00a0and so Congress had the authority to reduce the salaries of the judges of the Court of Claims.[6]<\/a><\/sup><\/p>\n

Beginning in 1948, Congress directed that when directed by the court, the commissioner could make recommendations for conclusions of law (62\u00a0Stat.<\/a>\u00a0976<\/a>). Chief Judge\u00a0Wilson Cowen<\/a>\u00a0made that mandatory under the court rules in 1964.”<\/p>\n

And that ACT opened the doors for what now exists as the United States Court of Claims.<\/p>\n

[The\u00a0United States Court of Federal Claims<\/b>\u00a0(in\u00a0case citations<\/a>,\u00a0Fed. Cl.<\/b>\u00a0or\u00a0C.F.C.<\/b>) is a\u00a0United States federal court<\/a>\u00a0that hears monetary claims against the\u00a0U.S. government<\/a>. It is the direct successor to the\u00a0United States Court of Claims<\/a>, which was founded in 1855, and is therefore a revised version of one of the oldest federal courts in the country].<\/p>\n

One of THE oldest federal courts. Hmmmm<\/p>\n

[Federal tribunals in the United States<\/b>\u00a0are those\u00a0tribunals<\/a>\u00a0established by the\u00a0federal government of the United States<\/a>\u00a0for the purpose of resolving disputes involving or arising under\u00a0federal laws<\/a>, including questions about the constitutionality of such laws. Such tribunals include both\u00a0Article III tribunals<\/b>\u00a0(federal courts) as well as\u00a0adjudicative<\/a>\u00a0entities which are classified as\u00a0Article I<\/b>\u00a0or\u00a0Article IV tribunals<\/b>. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the\u00a0United States Constitution<\/a>\u00a0from which the tribunal’s authority stems. The use of the term “tribunal” in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of\u00a0Article I<\/a>\u00a0of the Constitution, which\u00a0expressly grants<\/a>\u00a0Congress the power to constitute tribunals inferior to the\u00a0Supreme Court of the United States<\/a>.]<\/p>\n

It clearly states that the Federal Court of Claims exists under “Article 1” constitutional authority. Above you will note it is NOT considered to be a COURT. Instead, it is termed “other adjudicative entities…” See section 8 of Article 1. This so called Claims Court is obviously meant to serve NCUSN’s that have been affected by state citizens under an INDIVIDUAL contract (State issued ID) as well as a contract to be paid wages for working under a contract that affords the person(s) very limited authority that is ONLY applicable when dealing with other citizens that are aboard that CITIZEN-SHIP. If you’re a citizen of the U.S., then all you set is THIS:<\/p>\n

[The\u00a0Federal Tort Claims Act<\/b>\u00a0(August 2, 1946, ch.646, Title IV, 60\u00a0Stat.<\/a>\u00a0812<\/a>,\u00a028 U.S.C. Part VI, Chapter 171<\/a>\u00a0and\u00a028\u00a0U.S.C.<\/a>\u00a0\u00a7\u00a01346<\/a>) (“FTCA”) is a 1946\u00a0federal statute<\/a>\u00a0that permits private parties to sue the\u00a0United States<\/a>\u00a0in a\u00a0federal court<\/a>\u00a0for most\u00a0torts<\/a>\u00a0committed by persons acting on behalf of the United States. Historically, citizens have not been able to sue their state\u2014a doctrine referred to as\u00a0sovereign immunity<\/a>. The FTCA constitutes a limited\u00a0waiver<\/a>\u00a0of sovereign immunity, permitting citizens to pursue some tort claims against the government.]<\/p>\n

AND, the citizenry is limited to a CAP…<\/p>\n

[This\u00a0<\/span>cap<\/b>\u00a0is only increased in cases of catastrophic loss or injury, and even then the injured party is limited to $1,000,000 in non-economic\u00a0damages<\/b>. The\u00a0FTCA<\/b>\u00a0prohibits punitive\u00a0<\/span>damages<\/b>\u00a0from being awarded against the government. … Instead, only compensatory\u00a0damages<\/b>\u00a0can be awarded in an\u00a0FTCA<\/b>\u00a0case.]<\/span><\/p>\n

The % of wins for the citizenry is very low in my estimation. In fact, I bet no one really wins there except the federal employees of the courts and doj along with all the BAR licensed attorneys that have their hands in that cookie jar. I SEE the deception so clearly now, y tu?<\/p>\n

Whats even clearer now is THE REMEDY we now have as NCUSN status holders…amazing how well THE COURT CLERKS are cooperating with the Nevada Open Records Act DEMANDS that were sent about 3 weeks ago. They’re running out of time. Punitive AND compensatory damages are payable to NCUSN’s with VALID CLAIMS…now<\/p>\n","protected":false},"excerpt":{"rendered":"

(Comment by Hansen – the below was sent me by a friend, I have not reviewed all of it but it looks of value.) “In 1887, Congress passed the\u00a0Tucker Act\u00a0(24\u00a0Stat.\u00a0505), which further restricted the claims that could be submitted directly … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[273],"tags":[],"_links":{"self":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts\/2092"}],"collection":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2092"}],"version-history":[{"count":1,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts\/2092\/revisions"}],"predecessor-version":[{"id":2093,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts\/2092\/revisions\/2093"}],"wp:attachment":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2092"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2092"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2092"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}